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STATE
OF INDIANA |
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BEFORE THE INDIANA DEPARTMENT |
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COMMISSIONER OF THE DEPARTMENT Complainant, v. NUCOR
CORP CRAWFORDSVILLE 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 Nucor Corp, Crawfordsville
Division, which owns the Acid Regeneration System, with Plant ID No. 107-00038,
located at 4537 S. Nucor Road, Crawfordsville, Indiana 47933.
3.
A review of compliance testing conducted on
February 13-14, 2012 at the subject facility was completed by the Office of Air
Quality. This review showed the Cl2
emissions from Acid Regeneration System EU-04, did not meet the requirements in
permit T107-7172-00038 condition E.2.2 (3). Test results follow:
Allowable
CL2 Emissions: 6
ppm February 13, 2012
Averaged
CL2 Emissions: 54.59
Allowable
CL2 Emissions: 6
ppm February 14, 2012
Averaged
CL2 Emissions: 42.89
4.
IDEM has jurisdiction over the parties and
the subject matter of this action.
Pursuant to IC 13-30-3-3, IDEM has not
issued a Notice of Violation (“NOV”) via Certified Mail to:
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Mr.
John J. Ferriola, President Nucor
Corp 1915
Rexford Road Charlotte,
NC 28211 |
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CT
Corporation System 251
E. Ohio Street Suite 1100 Indianapolis,
Indiana 46204 |
Mr. Ron Dickerson of Nucor Steel,
Crawfordsville, has agreed to waive issuance of a Notice of Violation and the
settlement period of sixty (60) days as provided for by IC 13-30-3-3. See
waiver attached.
5.
Respondent is engaged in the business of
manufacturing flat rolled and coated steel products.
6.
Pursuant to Respondent’s Part 70 Permit,
T107-7172-00038 issued on December 29, 2006, Condition E.2.2(3) of
T107-7172-00038 and 40 CFR 63 Subpart CCC 63.1157(b)(2) states in part the
following:
No owner or operator of an existing affected plant shall cause or allow to be discharged
into the atmosphere from the affected plant any gases that contain chlorine (Cl2)
in a concentration in excess of either 6 ppmv or an alternative
source-specific maximum concentration.
7.
Respondent tested the Acid Regeneration Plant
(ARP) facilities on February 13, 2012 and February 14, 2012, resulting in
averaged Cl2 emission rates of 54.59 ppmv and 42.89 ppmv,
respectively. The allowable Cl2 emission rate is 6 ppmv resulting in a violation of Condition
E.2.2(3) of T107-7172-00038 and a violation of 40 CFR 63 Subpart CCC
63.1157(b)(2).
8.
Nucor informed IDEM, in a letter transmitting
the results of the failed performance test for Cl2,
that Nucor conducted an initial investigation into a process review and
inspection that showed the fuel air, iron oxide chemistries, off gas
temperatures, oxygen concentrations, flow rates and all other parameters were
within normal operating ranges. The lab and stack test company were contacted
and affirmed that there were no apparent errors in calculation or methodology.
9.
Nucor retested on March 8, 2012. The results
for hydrochloric acid (HCl) were in compliance. The results for Cl2
were still above the 6 ppmv limit. Nucor then shut down the Acid Regeneration Plant
and conducted an internal inspection of the process equipment.
10.
The internal inspection of the process
equipment revealed that two plastic pipes located at the preconcentrator had
failed, allowing ambient air to enter the duct work after the roaster. Nucor
contacted a technical expert knowledgeable in the chemistries and operations of
ARPs to determine if it was possible that the infiltration of ambient air at
the preconcentrator could be the cause of the generation of excess Cl2.
The technical expert Nucor contacted responded that the potential existed at
the operating conditions near the location of the preconentrator, that if
ambient air entered the system, excess Cl2 could be generated.
11.
Nucor replaced the plastic pipes at the point
near the preconcentrator and conducted a demonstration of compliance on May 10
and 11, 2012 resulting in an average Cl2 emission rate of 0.13 ppmv.
12.
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.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Don Kuh, Compliance and Enforcement
Manager |
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Compliance and Enforcement Branch –
Mail Code 61-53 |
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Indiana Department of Environmental
Management |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
3.
Respondent is assessed and agrees to pay a
civil penalty of Eight Thousand Seven Hundred and Fifty Dollars ($) 8,750.00. 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”.
4.
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:
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Indiana Department of Environmental
Management |
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Cashier – Mail Code 50-10C |
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100 North Senate Avenue |
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Indianapolis, IN 46204-2251 |
5.
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.
6.
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.
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 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 NOV.
12.
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.
13.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Nucor Corp |
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By: |
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By: |
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Janusz Johnson, Chief |
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Printed: |
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Compliance
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Title: |
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Office
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COUNSEL
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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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,
2013. |
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For
the Commissioner |
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Signed
on May 22, 2013 |
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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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