STATE OF INDIANA

COUNTY OF MARION

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BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

STEEL DYNAMICS, INC.,

Respondent.

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Case Nos. 2017-24462-A &
2017-24463-A

 

 

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. (“Respondent”), which owns and operates the 2 facilities identified as:
a) Flat Roll Group, Butler Division (“FRG”), a stationary steel mini-mill with Plant ID No. 033-00043,
b) Iron Dynamics Division (“IDD”), a stationary Direct Reduced Iron (DRI) manufacturing operation with Plant ID No. 033-00076,
both facilities located at 4500 County Road 59, in Butler, DeKalb 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”), for the violations specified in Findings of Fact Paragraph number 5, and to the settlement period of sixty (60) days as provided for by IC 13-30-3-3, on May 23, 2017 and July 28, 2017.

 

5.             During an investigation conducted by a representative of IDEM, the following violations were found:

 

For the Facility identified as Flat Roll Division

 

a.       Pursuant to Part 70 Permit No. 033-37958-00043 (“permit”), issued to Respondent on January 19, 2017, condition D.1.16(a), to document compliance status with conditions D.1.8 – Visible Emission Limitations and D.1.13 – Visible Emission Notations, the Permittee shall maintain records of required visible emission notations required by condition D.1.13.

Respondent failed to take and/or record visible emissions notations for the bin vents 33, 34 and 35 as required by condition D.1.8(g), in violation of Part 70 Permit No. 033-37958-00043 (“permit”), condition D.1.16(a).

b.       Pursuant to Part 70 Permit No. 033-34947-00043 (“permit”), issued to Respondent on September 18, 2015, condition D.5.5, not later than 180 days from startup of the new Hot Band Leveler, the Permittee shall perform PM, PM10, and PM2.5 testing.

Respondent failed to test the Hot Band Leveler within 180 days of startup, in violation of Part 70 Permit No. 033-34947-00043 (“permit”), condition D.5.5.

 

c.              Pursuant to Part 70 Permit No. 033-34947-00043 (“permit”), issued to Respondent on September 18, 2015, condition D.5.2, PM/PM10/PM2.5 emissions from the Hot Band Leveler shall not exceed 0.008 pounds per hour.

Based on a compliance stack test conducted August 3, 2016, PM/PM10/PM2.5 emissions from the Hot Band exceeded 0.008 pounds per hour, in violation of Part 70 Permit No. 033-34947-00043 (“permit”), condition D.5.2.

 

d.             Pursuant to Part 70 Permit No. 033-37274-00043 (“permit”), issued to Respondent on November 29, 2016, condition D.5.2, PM/PM10/PM2.5 emissions from the Hot Band Leveler shall not exceed 0.22 pounds per hour

Based on a compliance stack test conducted April 28, 2017, PM/PM10/PM2.5 emissions from the Hot Band exceeded 0.22 pounds per hour, in violation of Part 70 Permit No. 033-37274-00043 (“permit”), condition D.5.2.

 

For the Facility identified as Iron Dynamics Division

 

e.             Pursuant to Part 70 Permit No. 033-36684-00076 (“permit”), issued to Respondent on April 13, 2016, condition D.1.10, to demonstrate compliance with Condition D.1.1, the Permittee shall perform PM/PM10, lead and VOC testing on the RHF, at least once every five (5) years from the date of the most recent valid compliance demonstration.

Respondent failed to conduct VOC testing of the RHF within 5 years of the most recent valid compliance demonstration, in violation of Part 70 Permit No. 033-36684-00076 (“permit”), condition D.1.10, to demonstrate compliance with Condition D.1.1.

 

6.             Respondent reports that the silo for bin vent 35 has not been used since being added to the permit.

 

7.             The stack test conducted August 3, 2016, as referenced in 5.c. above, would have demonstrated compliance with the significant permit modification 033-37274-00043, issued November 29, 2016.

 

8.             Respondent conducted a compliance test for VOC of the Rotary Hearth on June 22, 2017 to address the violation referenced in 5.e. above. The results demonstrated compliance.

 

9.             This Agreed Order, and compliance with its terms and conditions, shall resolve all violations cited in Findings of Fact Paragraph No. 5.

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 comply with FRG Permit 033-37958-00043 and IDD Permit 033-36684-00076, unless superseded by a 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-Three Thousand Three Hundred Seventy-Five Dollars ($23,375.00).  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 Number 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 the party he/she represents.  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 complies with the terms of Order Paragraph No. 5, IDEM will issue a Resolution of Case letter to Respondent thereafter.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

Steel Dynamics, Inc.

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

as to form only

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2018.

 

 

For the Commissioner

 

 

 

Signed on February 19, 2018

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management