|
STATE OF |
) |
|
BEFORE THE INDIANA DEPARTMENT |
||
|
|
|||||
|
COMMISSIONER OF THE DEPARTMENT Complainant, v. STEEL DYNAMICS, INC., Respondent. |
) |
|
|||
AGREED ORDER
Complainant and Respondent desire to settle and compromise this action
without hearing or adjudication of any issue of fact or law, and consent to the
entry of the following Findings of Fact and Order. Pursuant to IC 13-30-3-3, entry into the
terms of this Agreed Order does not constitute an admission of any violation
contained herein. Respondent's entry
into this Agreed Order shall not constitute a waiver of any defense, legal or equitable,
which Respondent may have in any future administrative or judicial proceeding,
except a proceeding to enforce this order.
I. FINDINGS OF FACT
1.
Complainant is the Commissioner (“Complainant”) of
the Indiana Department of Environmental Management (“IDEM”), a department of
the State of
2.
Respondent is Steel Dynamics, Inc. (“Respondent”),
which owns and operates the steel minimill, with I.D. No. 033-00043, and the
direct reduced iron facility (“Iron Dynamics Division”), with I.D. No. 033-00076,
located at
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice of
Violation (“NOV”) on July 31, 2008 via Certified Mail to:
|
Mr. Keith
Busse |
|
President
& Registered Agent |
|
Steel
Dynamics Inc. |
|
|
|
|
5.
Respondent submitted a letter on June 11, 2007
disclosing emissions from safety relief valves (known as “eCaps”) that may not
have been considered in prior permit applications and Best Available Control
Technology (BACT) analyses related to the Rotary Hearth Furnace and Submerged
Arc Furnace at the Site.
6.
On April 1, 2009, Respondent waived the Notice of
Violation and settlement period of sixty (60) days provided for by IC 13-30-3-3
relative to the eCap emissions disclosure.
7.
During an investigation conducted by a representative
of IDEM, the following violations were found:
a. Pursuant to 326 IAC 2-2, Construction
Permit No. 033-9187-00043 and Condition D.1.2(c) of Part 70 Permit No.
033-8086-00043, particulate matter and particulate matter 10 microns or less in
aerodynamic diameter (“PM/PM10”) emissions from the continuous casters shall be
controlled by canopy hoods and exhausted to the Electric Arc Furnace baghouse
to Stack 01.
Respondent
failed to control PM/PM10 emissions from the continuous casters as a result of
redirecting the exhaust air flow to the building roof monitors, in violation of
326 IAC 2-2, Construction Permit No. 033-9187-00043 and Condition D.1.2(c) of
Part 70 Permit No. 033-8086-00043.
b. Pursuant to Construction Permit No.
033-8091-00043 and Condition D.1.18(a) of Part 70 Permit No. 033-8086-00043,
Respondent shall perform visible emission notations of the melt shop building
openings, dust handling system and melt shop roof monitors once per day during
normal daylight operations when exhausting to the atmosphere and a trained
employee shall record whether emissions are normal or abnormal. Pursuant to Condition D.1.21(c) of Part 70
Permit No. 033-8086-00043, Respondent shall maintain records of visible
emission notations of the melt shop building openings, dust handling system and
melt shop roof monitors once per day.
Respondent
failed to perform and/or record visible emission notations of the melt shop
openings, in violation of Construction Permit No. 033-8091-00043 and Conditions
D.1.18(a) and D.1.21(c) of Part 70 Permit No. 033-8086-00043.
c. Pursuant to Construction Permit No.
033-8091-00043, 40 CFR 60.274a and Condition D.1.20 of Part 70 Permit No.
033-8086-00043, Respondent shall calibrate and maintain a device that allows
the pressure in the free space inside the electric arc furnace to be monitored
and shall check and record the furnace static pressure on a once per shift
basis if the direct shell evacuation control (“DEC”) system is in use to
control emissions during any phase of the furnace heat time.
Respondent
failed to install a device to monitor the furnace static pressure and failed to
check and record the furnace static pressure, in violation of Construction
Permit No. 033-8091-00043, 40 CFR 60.274a and Condition D.1.20 of Part 70
Permit No. 033-8086-00043.
d. Pursuant to IC 13-30-2-1(7), a person
may not construct, install, operate, conduct, or modify, without prior approval
of the department, any equipment or facility of any type that may cause or
contribute to pollution or be designed to prevent pollution.
Pursuant
to 326 IAC 2-2-10, the owner or operator of a proposed major stationary
Prevention of Significant Deterioration (“PSD”) source or PSD modification
shall submit all information necessary to perform any analysis or make any
determination required under the PSD rule.
Respondent
failed to submit all necessary information related to potential emissions from
safety relief valves, known as “eCaps”, in the PSD permit application(s) and
Best Available Control Technology analyses for the Rotary Hearth Furnace and
Submerged Arc Furnace, in violation of IC 13-30-2-1(7) and 326 IAC 2-2-10.
e. Pursuant to Construction Permit No.
033-8091-00043, Condition D.1.14 of Part 70 Permit No. 033-12614-00076 and 326
IAC 2-2-3, the afterburner for control of carbon monoxide and volatile organic
compounds shall be in operation and control emissions from the Rotary Hearth
Furnace at all times the Rotary Hearth Furnace is in operation except as
provided in D.1.9(c)(2) during periods of startup and shutdown.
Respondent
failed to control carbon monoxide and volatile organic compound emissions from
eCAP safety relief valves during normal operation of the Rotary Hearth Furnace,
in violation of Construction Permit No. 033-8091-00043, Condition D.1.14 of
Part 70 Permit No. 033-12614-00076 and 326 IAC 2-2-3.
f. Pursuant to Construction Permit No. 033-9187-00043,
Condition D.3.7 of Part 70 Permit No. 033-12614-00076 and 326 IAC 9-1,
Respondent shall not allow the discharge of carbon monoxide from the Submerged
Arc Furnace unless the waste gas stream is controlled by a thermal oxidizer.
Pursuant
to Construction Permit No. 033-9187-00043, Condition D.3.13 of Part 70 Permit
No. 033-12614-00076 and 326 IAC 2-2-3, the thermal oxidizer for carbon monoxide
control shall be in operation and control carbon monoxide emissions from the
Submerged Arc Furnace at all times the Submerged Arc Furnace is in operation.
Respondent
failed to control carbon monoxide emissions from eCAP safety relief valves
during normal operation of the Submerged Arc Furnace, in violation of
Construction Permit No. 033-9187-00043, Conditions D.3.7 and D.3.13 of Part 70
Permit No. 033-12614-00076, 326 IAC 9-1 and 326 IAC 2-2-3.
g. Pursuant to Significant Source
Modification No. 033-15955-00076, Condition D.3.1(a) of Part 70 Permit No.
033-12614-00076 and 326 IAC 2-2-3, Respondent shall not allow particulate
matter emissions from the Submerged Arc Furnace to exceed 0.0032 grains per dry
standard cubic foot of air flow at Stack 58.
Pursuant
to Construction Permit No. 033-9187-00043, Condition D.3.12(a) of Part 70
Permit No. 033-12614-00076 and in order to comply with D.3.1(a), Respondent
shall control particulate emissions from the Submerged Arc Furnace with the wet
venturi scrubber at all times the Submerged Arc Furnace is in operation.
Respondent
failed to control particulate matter emissions from eCAP safety relief valves
during operation of the Submerged Arc Furnace, in violation of Construction
Permit No. 033-9187-00043, Significant Source Modification No. 033-15955-00076,
Conditions D.3.1(a) and D.3.12(a) of Part 70 Permit No. 033-12614-00076, and
326 IAC 2-2-3.
8.
Respondent submitted a permit application to IDEM for
consideration of the excess emissions from the eCAP safety relief valves on
September 10, 2008.
9.
This Agreed Order, and compliance with its terms and
conditions, shall resolve all violations listed in Findings of Fact Paragraph
Nos. 5 or 7 and/or cited in the Notice of Violation issued to Respondent on
July 31, 2008.
10.
In recognition of the settlement reached, Respondent
waives any right to administrative and judicial review of this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective (“Effective
Date”) when it is approved by Complainant or Complainant’s delegate, and has
been received by Respondent. This Agreed
Order shall have no force or effect until the Effective Date.
2.
Respondent shall: control PM/PM10 emissions from the
continuous casters with the caster canopy hoods directed to the EAF baghouse as
required by Condition D.1.2(c) of Part 70 Permit No. 033-8068-00043; perform
and record visible emission notations of the melt shop openings according to
Conditions D.1.18(a) and D.1.21(c) of Part 70 Permit No. 033-8068-00043; and
monitor the furnace static pressure as indicated in Condition D.1.20 of Part 70
Permit No. 033-8068-00043.
3.
All submittals required by this Agreed Order, unless
Respondent is notified otherwise in writing by IDEM, shall be sent to:
|
Janusz
Johnson, Enforcement Resource Manager |
|
Office of
Air Quality, Compliance and Enforcement Branch |
|
Mail Code
61-50 Indiana
Department of Environmental Management |
|
|
|
|
4.
Respondent
is assessed a civil penalty of Thirty Three Thousand Six Hundred dollars
($33,600). Said penalty amount shall be
due and payable to the Environmental Management Special Fund within thirty (30)
days of the Effective Date. In the event
that the civil penalty is not paid within thirty (30) days of the Effective
Date, Respondent shall pay interest on the unpaid balance at the rate
established by IC 24-4.6-1-101. The
interest shall continue to accrue until the civil penalty is paid in full.
5.
Civil penalties are payable by check to the
“Environmental Management Special Fund.”
Checks shall include the Case Number of this action and shall be mailed
to:
|
Indiana
Department of Environmental Management |
|
Cashier –
Mail Code 50-10C |
|
|
|
|
6.
This Agreed Order shall apply to and be binding upon
Respondent and its successors and assigns.
Respondent’s signatory to this Agreed Order certifies that he or she is
fully authorized to execute this Agreed Order and legally bind Respondent. No change in ownership, corporate, or
partnership status of Respondent shall in any way alter its status or
responsibilities under this Agreed Order.
7.
In the event that any terms of this Agreed Order are
found to be invalid, the remaining terms shall remain in full force and effect
and shall be construed and enforced as if this Agreed Order did not contain the
invalid terms.
8.
Respondent shall provide a copy of this Agreed Order,
if in force, to any subsequent owners or successors before ownership rights are
transferred. Respondent shall ensure
that all contractors, firms and other persons performing work under this Agreed
Order comply with the terms of this Agreed Order.
9.
This Agreed
Order is not and shall not be interpreted to be a permit or a modification of
an existing permit. This Agreed Order,
and IDEM’s review or approval of any submittal made by Respondent pursuant to
this Agreed Order, shall not in any way relieve Respondent of its obligation to
comply with the requirements of its applicable permit or any applicable Federal
or State law or regulation.
10.
Complainant does
not, by its approval of this Agreed Order, warrant or aver in any manner that
Respondent’s compliance with any aspect of this Agreed Order will result in
compliance with the provisions of any permit, order, or any applicable Federal
or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held
liable for any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
11.
Nothing in this
Agreed Order shall prevent or limit IDEM’s rights to obtain penalties or
injunctive relief under any applicable Federal or State law or regulation,
except that IDEM may not, and hereby waives its right to, seek additional civil
penalties for the same violations specified in the July 31, 2008 Notice of
Violation or this Agreed Order.
12.
Nothing in this
Agreed Order shall prevent IDEM from communicating with the EPA or any other
agency or entity about any matters relating to this enforcement action. IDEM or anyone acting on its behalf shall not
be held liable for any costs or penalties Respondent may incur as a result of
such communications with the EPA or any other agency or entity.
13.
This Agreed
Order shall remain in effect until Respondent complies with the terms of Order
Paragraph No. 4. IDEM will issue a
Resolution of Case letter to Respondent thereafter.
|
TECHNICAL RECOMMENDATION: |
|
RESPONDENT: |
|||||
|
Department of Environmental
Management |
|
Steel Dynamics, Inc. |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
Roger Letterman, Chief |
|
Printed: |
|
|||
|
|
Compliance and Enforcement Section
3 |
|
Title: |
|
|||
|
|
Office of Air Quality |
|
|
|
|||
|
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
|
|
|
|||||
|
COUNSEL FOR COMPLAINANT: |
|
COUNSEL FOR RESPONDENT: |
|||||
|
For the Department of
Environmental Management |
|
as to form only: |
|||||
|
|
|
|
|||||
|
By: |
|
|
By: |
|
|||
|
|
Deputy Attorney General |
|
|
|
|||
|
|
|
|
|
|
|||
|
Date: |
|
|
Date: |
|
|||
|
|
|
|
|
|
|||
|
APPROVED AND ADOPTED BY THE
INDIANA DEPARTMENT OF ENVIRONMENTAL |
|||||||
|
MANAGEMENT THIS |
|
DAY OF |
|
, 2009. |
|||
|
|
|||||||
|
|
For the Commissioner: |
||||||
|
|
|
||||||
|
|
Signed on June 11, 2009 |
||||||
|
|
Daniel Murray |
||||||
|
|
Assistant Commissioner |
||||||
|
|
Office of Air Quality |
||||||