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.

UNITED STATES STEEL,
CORPORATION

Respondent.

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Case No. 2017-24756-A
                2017-24887-A
                2018-25038-A
                2018-25347-A
                2018-25348-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 United States Steel Corporation (“Respondent”), which owns and operates the stationary integrated steel mill with Plant ID No. 089-00121, located at One North Broadway, in Gary, Lake 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 on August 3, 2018 as provided for by IC 13-30-3-3 for the violations identified in Findings of Fact, Paragraph No. 5.

 

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

 

a.       Pursuant to Part 70 Operating Permit No. 089-37377-00121, Condition C.5(k) and corresponding conditions in subsequent permits,  any facility or operation not specified in 326 IAC 6.8-10-3 shall meet a twenty percent (20%), three (3) minute average opacity standard.

Respondent exceeded the twenty percent (20%), three (3) minute average opacity standard on June 26, 2017, July 17, 2017, and August 30, 2017 for No. 1 BOP Roof Monitor and on July 6, 2017 for No. 2 QBOP Roof Monitor, in violation of Part 70 Operating Permit No. 089-37377-00121, Condition C.5(k) and corresponding conditions in subsequent permits.

b.       Pursuant to Part 70 Operating Permit No. 089-37377-00121, Condition D.29.1 and corresponding conditions in subsequent permits, The Particulate Matter (PM) from the iron ore pellet screening plant, identified as South Plant unit 02 shall be limited to a total of less than 18.7 tons per twelve consecutive month period, with compliance determined at the end of each month.

 

Respondent exceeded the PM limit of 18.7 tons per twelve consecutive month period from the iron ore screening plant, identified as South Plant unit 02 from August 1, 2017 to February 28, 2018, in violation of Part 70 Operating Permit No. 089-37377-00121, condition D.29.1 and corresponding conditions in subsequent permits.

 

c.              Pursuant to Part 70 Operating Permit No. 089-37377-00121, Condition C.12(a) and corresponding conditions in subsequent permits, Respondent shall perform the inspections, monitoring and record keeping in accordance with the information in 326 IAC 6.8-8-5 through 326 IAC 6.8-8-7 or applicable procedures in the Continuous Compliance Plan (CCP).

 

Respondent failed to complete daily baghouse inspections subject to the CCP on 58 days from January 1, 2017 to August 30, 2017, in violation of Part 70 Operating Permit No. 089-37377-00121, Condition C.12(a) and corresponding conditions in subsequent permits.

 

d.             Pursuant to Part 70 Operating Permit No. 089-38534-00121, Condition D.32.5, A quarterly report of the pilot test air sparging system hours of operation shall be submitted not later than thirty (30) days after the end of the quarter being reported.

 

Respondent failed to submit the third (3rd) quarter 2017 report of the pilot test air sparging system hours of operation no later than thirty (30) days after the end of the quarter, in violation of Part 70 Operating permit No. 089-38534-00121, Condition D.32.5.

 

e.             Pursuant to Part 70 Operating Permit No. 089-38534-00121, Condition D.9.12(e) and corresponding conditions in subsequent permits, The instrument used for determining the pressure and flow rate shall comply with Section C – Instrument Specifications, of this permit, shall be subject to approval by IDEM, OAQ, and shall be calibrated or replaced at least once every six (6) months or other time period specified by the manufacturer.

 

Respondent failed to calibrate the No. 2 QBOP SEC Baghouse inlet pressure sensor by the March 31, 2018 due date, in violation of Part 70 Operating permit No. 089-38534-00121, Condition D.9.12(e) and corresponding conditions in subsequent permits.

 

f.               Pursuant to Part 70 Operating Permit No. 089-38534-00121, Condition F.10.2 and 40 CFR 63, Subpart CCC, §63.1157, no owner or operator of an existing affected continuous or batch pickling line at a steel pickling facility shall cause or allow to be discharged into the atmosphere from the affected pickling line any gases that contain Hydrochloric Acid (HCl) in a concentration in excess of 18 parts per million by volume (ppmv).

 

During compliance testing of the 80 inch Pickle Line, identified as HMPO0589 on January 24, 2018 Respondent demonstrated HCl emissions of 35.4ppmv, in violation of Part 70 Operating Permit No. 089-38534-00121, Condition F.10.2 and 40 CFR 63, Subpart CCC, §63.1157.

 

6.             Respondent applied for a permit modification on October 17, 2017 to revise calculation for determining the 12-month rolling PM emissions for the iron ore screening plant, identified as South Plant unit 02, and was issued Significant Source Modification 089-39176-00121 on March 19, 2018.

 

7.             Respondent retested the 80 inch Pickle Line, identified as HMPO0589 on July 10, 2018. The report was received by IDEM on August 10, 2018 with a review of the results indicating compliance.

 

8.             Respondent has retrained employees regarding required inspections of pollution control equipment; and updated its electronic tracking of inspections to better ensure that inspections are completed.

 

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 rules and permit conditions listed in the findings above at issue.

 

3.             All submittals required by this Agreed Order, unless Respondent is notified otherwise in writing by IDEM, shall be sent to:

 

Jennifer Bailey, Case 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 Sixty-six Thousand, One Hundred Twenty-three Dollars ($66,123).  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 signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.  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 permits 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 Findings of Fact.

 

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 IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

United States Steel Corporation

 

 

 

By:

 

 

By:

 

 

David P. McIver, Chief

 

Printed:

 

 

Enforcement Section

 

Title:

 

 

Office of Air Quality

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2019.

 

 

For the Commissioner

 

 

 

Signed on August 9, 2019

 

Matthew Stuckey, Deputy Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management