STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. STEEL
DYNAMICS, INC. FLAT ROLL DIVISION, 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 Indiana created by Indiana Code (“IC”) 13-13-1-1.
2.
Respondent is Steel Dynamics, Inc., Flat Roll
Division, which owns the two Twin Shell Electric Arc Furnaces (“EAFs”)
identified as EAF #1 South and EAF #2 North, with Plant ID No. 033-00043
located at 4500 Country Road 59, Butler, Indiana 46721.
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”) via Certified Mail, dated July 15, 2011, to:
Mr.
Keith E Busse, CEO Steel
Dynamics, Inc. 7575West
Jefferson Boulevard Fort
Wayne, Indiana 46804 |
Ms.
Theresa E. Wagler, Registered Agent 7575West
Jefferson Boulevard Fort
Wayne, Indiana 46804 |
5.
Respondent is engaged in the business of manufacturing
flat rolled and coated steel products.
6.
Pursuant to Respondent’s 326 IAC 2-2, Best
Available Control Technology, condition D.1.3(a) of permit T033-00043 issued on
October 4, 2006, states the following:
“Pursuant to CP 033-8091-00043, issued June 25, 1997 and
326 IAC (PSD – Control Technology Review; Requirements), the NOx emissions from
the EAFs using low-NOx natural gas fired burners shall not exceed 0.51 pounds
per ton of steel produced. The total NOx emissions shall not exceed 204.0
pounds per hour.”
Respondent tested the Twin Shell
Electric Arc Furnaces (EAF #1 South & EAF #2 North) on July 29, 2010,
resulting in an averaged NOx emissions rate of 280.8 lb/hr for both furnaces
resulting in a violation of permit condition D.1.3(a)
for (EAF #1 South ) and (EAF #2 North).
7.
Subsequent to the failed tests, Respondent
notified IDEM in a letter received by IDEM on October 26, 2010. The July 27-29,
2010 stack testing allowed Respondent to collect operational and production data
which allowed Respondent to tune the facilities airflow such that NOx
production could be managed to return to compliance. A retest of the facilities
on October 21, 2010 demonstrated compliance with the NOx requirements of D.1.3(a).
8.
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 comply with 326 IAC 2-2.
3.
Respondent has demonstrated compliance with
Part 70 permit 033-00076, condition D.1.3(a) by
retesting the EAF facilities on October 21, 2010. The IDEM, Office of Air
Quality (“OAQ”), has reviewed the stack test report and the results obtained to
be acceptable to IDEM.
4.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
Don Kuh, Compliance and Enforcement
Manager |
Compliance and Enforcement Branch –
Mail Code 61-53 |
Indiana Department of Environmental
Management |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
5.
Respondent is assessed and agrees to pay a
civil penalty of Nine Thousand Dollars $9,000.00. Said penalty amount shall be due and payable to the Environmental
Management Special Fund within thirty (30) days of the Effective Date; the 30th
day being the “Due Date”.
6.
Civil and stipulated 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 |
100 North Senate Avenue |
Indianapolis, IN 46204-2251 |
7.
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.
8.
In the event that the monies due to IDEM
pursuant to this Agreed Order are not paid on or before their Due Date,
Respondent shall pay interest on the unpaid balance at the rate established by
IC 24-4.6-1. The interest shall be
computed as having accrued from the Due Date until the date that Respondent
pays any unpaid balance. Such interest shall be payable to the Environmental
Management Special Fund, and shall be payable to IDEM in the manner specified
in Paragraph 6, above.
9.
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.
10.
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.
11.
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.
12.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that 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.
13.
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 NOV.
14.
Nothing in this Agreed Order shall prevent
IDEM or anyone acting on its behalf 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 Respondents may
incur as a result of such communications with the EPA or any other agency or
entity.
15.
This Agreed Order shall remain in effect
until Respondent has fulfilled Order No.5. IDEM shall thereafter issue a
Resolution of Case letter.
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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Janusz
Johnson, Chief |
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Printed: |
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Compliance
and Enforcement Section 1 |
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Title: |
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Office
of Air Quality |
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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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2011. |
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For
the Commissioner |
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Signed
on October 13, 2011 |
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Keith
Baugues, Assistant Commissioner |
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Office
of Air Quality |
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Indiana
Department of Environmental Management |
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