STATE OF
INDIANA |
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BEFORE THE
INDIANA DEPARTMENT |
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COMMISSIONER
OF THE DEPARTMENT Complainant, v. STEEL
DYNAMICS, INC – ENGINEERED, 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. – Engineered Bar Products Division (“Respondent”),
which owns and operates the stationary steel mini-mill with Plant ID No.
063-00037, located at 8000 North County Road 225 East, in Pittsboro, Hendricks
County, Indiana (“Site”).
3.
IDEM
has jurisdiction over the parties and the subject matter of this action.
4.
Respondent
waived issuance of a Notice of Violation (“NOV”) and to the settlement period
of sixty (60) days as provided for by IC 13-30-3-3, as follows:
a.
On
August 10, 2015 Respondent waived NOV for all violations listed below, except
for violations cited in the 1st and 2nd quarter 2014
deviation reports.
b.
On
September 21, 2015 Respondent waived NOV for the violations cited in the 1st
and 2nd quarter 2014 deviation reports.
5.
Based
on record reviews conducted by a representative of IDEM, the following
violations of Part 70 Permit 063-30946-00037 (“Permit”), issued to Respondent
on April 11, 2012, were found:
a. Pursuant
to Permit condition D.1.5(b), the Ladle Metallurgy
Station (“LMS”) Baghouse for particulate control shall be in operation and
control filterable particulate emissions at all times that the LMS is in
operation.
Respondent operated the LMS without the LMS baghouse from February 12, 2015
through March 12, 2015, in violation of Permit condition D.1.5(b).
b. Pursuant
to Permit condition D.5.3, Respondent shall operate the Vacuum Tank Degasser
(“VTD”) flare to control CO emissions at all times the VTD is in
operation. Except for periods of startup
and shutdown of the VTD, the flare temperature shall not be less than 1,128OF.
In the 1st quarter 2014 deviation report, “intermittent” temperature
reading deviation for the VTD were cited, in violation of Permit condition
D.5.3.
In the 2nd quarter 2014 deviation report, “intermittent” temperature
reading deviations for the VTD were cited, in violation of Permit condition
D.5.3.
On November 14, 2014, the VTD flare failed to function for two heats, in
violation of Permit condition D.5.3.
On February 18, 2015, the recorded VTD flare stack temperature during one heat
was below the permitted 1,128OF, in violation of Permit condition D.5.3.
c. Pursuant
to Permit condition D.5.4(a), Respondent shall
maintain records of the temperature of the VTD Flare.
On November 4, 2014, the data handling system failed to record flare stack
temperature during one heat, in violation of Permit condition D.5.4(a).
6.
The
LMS baghouse emissions were routed to the Electric Arc Furnace baghouse from
February 12, 2015 to March 12, 2015.
During this period the emissions were monitored at the common stack by
the COMS and/or BLDS. Operations of the
LMS baghouse were restored on March 12, 2015.
7.
With
respect to the November 14, 2014 violation, SDI discovered that the main gas
valve was only partially open, resulting in insufficient gas flow to initiate
combustion. No other heats were
processed until the valve was repaired.
8.
With
respect to the November 4, 2014 violation, SDI produced an operator record
noting that the flare temperature was above 1,128 degrees Fahrenheit prior to
initiating the pump down cycle of the heat.
9.
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 Part 70 Permit 063-30946-00037 unless superseded by a permit
modification or renewal.
3.
All
submittals required by this Agreed Order, unless Respondent is notified
otherwise in writing by IDEM, shall be sent to:
Matthew
Chaifetz, 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 |
4.
Respondent
is assessed and agrees to pay a civil penalty of Twenty-One Thousand Dollars ($21,000.00). 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”.
5.
Civil
penalties are payable by check to the “Environmental Management Special
Fund.” Checks shall include the Case
Numbers of this action and shall be mailed to:
IDEM Office
of Legal Counsel |
IGCN,
Rm N1307 |
100 N
Senate Ave |
Indianapolis,
IN 46204 |
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/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 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 5, above.
8.
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.
9.
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.
10.
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.
11.
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.
12.
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 Agreed Order.
13.
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 Respondent may incur as a result of such communications with
the EPA or any other agency or entity.
14.
This
Agreed Order shall remain in effect until Respondent has complied 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. – Engineered Bar Products Division |
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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
and Enforcement Section 1 |
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Title: |
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Office
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COUNSEL
FOR RESPONDENT: |
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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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2016. |
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For
the Commissioner |
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Signed
on April 13, 2016 |
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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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