STATE OF |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. STEEL DYNAMICS, INC., Respondent. |
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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 September 29,2008 via Certified Mail to:
Mr. Keith
Busse, President & Registered Agent |
Steel
Dynamics, Inc. |
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5.
During an investigation conducted by a representative
of IDEM, the following violation was found:
Pursuant
to 326 IAC 2-2 and Condition D.2.1 of Part 70 Operating Permit No.
033-8068-00043 (“Part 70 Permit”), the particulate matter/particulate matter 10
microns or less in diameter (“PM/PM10”) emissions from the Ladle Metallurgical
Furnaces (“LMF”) Stack 61 shall not exceed 0.0032 grains per dry standard cubic
foot (“gr/dscf”).
On September 24, 2007, compliance stack testing was conducted on the LMF Stack
61 which indicated that PM/PM10 emissions exceeded the allowable levels. The measured PM/PM10 concentration during the
test was 0.0104 gr/dscf, in violation of 326 IAC 2-2 and Condition D.2.1 of the
Part 70 Permit.
6.
This Agreed Order, and compliance with its terms and
conditions, shall resolve all violations listed in Findings of Fact Paragraph
No. 5 and/or cited in the Notice of Violation issued to Respondent.
7.
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
Ladle Metallurgical Furnaces (“LMF”) Stack 61 as required by Condition D.2.1 of
the Part 70 Permit.
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
61-53 Indiana
Department of Environmental Management |
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4.
Respondent
is assessed a civil penalty of Eight Thousand Seven
Hundred Fifty dollars ($8,750). 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 |
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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 Notice of Violation issued
to Respondent 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: |
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RESPONDENT: |
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Department of Environmental
Management |
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Steel Dynamics, Inc. |
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By: |
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By: |
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Roger Letterman, Chief |
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Printed: |
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Compliance and
Enforcement Section 3 |
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Title: |
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Office of Air Quality |
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Date: |
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COUNSEL FOR COMPLAINANT: |
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COUNSEL FOR RESPONDENT: |
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For the Department of
Environmental Management |
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By: |
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By: |
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Deputy Attorney General |
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Date: |
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Date: |
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APPROVED AND ADOPTED BY THE
INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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, 2009. |
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For the Commissioner: |
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Signed on August 5, 2009 |
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Daniel Murray |
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Assistant Commissioner |
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Office of Air Quality |
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