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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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OF
ENVIRONMENTAL MANAGEMENT, |
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Complainant, |
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v. |
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Case No. 2018-25387-H |
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UNITED STATES STEEL CORPORATION, |
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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 United States Steel Corporation
(“Respondent”), which owns/operates the company with U.S. EPA I.D. Number IND
005444062 located at 1 North Broadway in Gary, Lake County, Indiana (“Site”).
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”) on November 8, 2018 via Certified Mail to:
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David
B. Burritt, CEO |
Corporation
Service Company, |
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United
States Steel Corporation |
Registered
Agent |
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600 Grant
Street, Suite 6100 |
United
States Steel Corporation |
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Pittsburgh,
PA 15219-2800 |
135 North
Pennsylvania Street, Suite 1610 |
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Indianapolis,
IN 46204 |
5.
Respondent is a fully integrated manufacturing
plant consisting of blast furnaces, basic oxygen process (BOP) steel making
facilities, sintering, continuous casters, rolling mills, and finishing
facilities. Respondent notified for
hazardous waste activities on August 18, 1980.
6.
In 2015, Respondent shut down operations at the
coke battery, including the associated coke by-products and coal tar recovery
operations. The facility is in the
process of decommissioning the tanks and process units.
7.
During an investigation, including an inspection
on March 13 and 14, 2018, conducted by a representative of IDEM, the following
violations were found:
a. Pursuant to 40 CFR 262.34(a)(2), a
generator may accumulate hazardous waste on-site for 90 days or less without a
permit, provided that the date when the accumulation begins is clearly marked
and visible for inspection on each container.
As noted during the inspection,
Respondent accumulated hazardous waste on-site without a permit, and did not
mark hazardous waste containers with accumulation start dates. One roll-off container of D018 hazardous
waste located near the coke battery was not marked with the accumulation start
date. The roll-off container was
properly marked with an accumulation start date prior to the conclusion of the
inspection. Additionally, two (2)
rectangle metal containers (tubs) and a hopper of coal tar decanter sludge
(K087) hazardous waste located in the west pitch pad area were not marked with
accumulation start dates. Subsequent to
the inspection, Respondent submitted to IDEM photographs showing the removal of
K087 hazardous waste from the tubs and hopper.
b. Pursuant to 40 CFR 262.34(a)(3), a
generator may accumulate hazardous waste on-site for 90 days or less without a
permit, provided that, while being accumulated on-site, each container and tank
is labeled or marked clearly with the words “Hazardous Waste.”
As noted during the inspection,
Respondent accumulated hazardous waste on-site without a permit, and did not
label or clearly mark hazardous waste containers with the words “Hazardous
Waste.” One roll-off container of D018
hazardous waste located near the coke battery was not labeled or clearly marked
with the words “Hazardous Waste.” The
container was properly marked with the words “Hazardous Waste” prior to the
conclusion of the inspection.
Additionally, two (2) tubs and a hopper that contained (K087) hazardous
waste located in the west pitch pad area were not marked or clearly labeled
with the words “Hazardous Waste.” Subsequent
to the inspection, Respondent submitted photographs to IDEM showing the removal
of K087 hazardous waste from the tubs and hopper.
c.
Pursuant to 40 CFR 262.34(a)(1)(i) referencing
40 CFR 40 CFR 265.173(a), a container holding hazardous waste must always be
closed during storage, except when it is necessary to add or remove waste.
As noted during the inspection,
Respondent did not store closed two (2) tubs and a hopper of K087 hazardous
waste in the west pitch pad area. Subsequent
to the inspection, Respondent submitted photographs to IDEM showing the removal
of K087 hazardous waste from the tubs and hopper.
d.
Pursuant to 40 CFR 262.34(b), a generator who
accumulates hazardous waste for more than 90 days is an operator of a storage
facility and is subject to the requirements of 40 CFR Part 264 and the permit
requirements of 40 CFR Part 270 unless he has been granted an extension to the
90 day period.
As noted during the inspection,
Respondent stored K087 hazardous waste in two (2) tubs and a hopper in the west
pitch concrete pad area from the beginning of December 2017 to March 13, 2018,
and Respondent did not comply with 40 CFR Part 264 and 40 CFR Part 270. Subsequent to the inspection, Respondent
submitted photographs showing the removal of K087 hazardous waste from the tubs
and hopper.
e. Pursuant to 40 CFR 270.1(c), a permit is
required for the treatment, storage, and disposal of any hazardous waste as
identified or listed in 40 CFR Part 261.
As noted during the inspection,
Respondent stored two (2) tubs and a hopper of K087 hazardous waste identified
or listed in 40 CFR Part 261 without a permit.
f. Pursuant to IC 13-30-2-1(10), a person
may not commence or engage in the operation of a hazardous waste facility
without having first obtained a permit from the department.
As noted during the inspection,
Respondent operated a hazardous waste facility without having first obtained a
permit from the department.
g. Pursuant to 329 IAC 3.1-1-10, every
hazardous waste generator, transporter, or owner or operator of a hazardous
waste facility shall notify the commissioner of its hazardous waste activity on
the approved forms.
As noted during the inspection,
Respondent failed to notify the Commissioner of hazardous waste storage
activities.
h. Pursuant to 40 CFR 262.34(a)(1), a
generator may accumulate hazardous waste on-site for 90 days or less without a
permit or without having interim status, provided that the waste is placed in
containers and the generator complies with the applicable requirements of subparts
I, AA, BB, and CC of 40 CFR part 265; in
tanks and the generator complies with the applicable requirements of subparts
J, AA, BB, and CC of 40 CFR part 265; on drip pads and generator complies with subpart
W of 40 CFR part 265; or containment buildings and generator complies with
subpart DD of 40 CFR part 265.
As noted
during the inspection, Respondent allowed uncontainerized K087 hazardous waste
to be stored on the west pitch concrete pad.
One pile of K087 hazardous waste material was observed in the center of
the pad and another pile of K087 hazardous waste material was observed on the
south side of the pad. The concrete pad
is not a container or tank that meets the requirements of 40 CFR part 265. Subsequent to the inspection, Respondent
submitted photographs showing the removal of K087 hazardous waste from the west
pitch concrete pad. The resolution of
this violation is subject to field verification by an IDEM inspector.
i. Pursuant to 40 CFR 262.34(a)(4)
referencing 40 CFR 265.31, facilities must be maintained and operated to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water which could threaten human health or the environment.
As noted during the inspection,
Respondent allowed uncontainerized K087 hazardous waste to mix with stormwater
from accumulated precipitation on the west pitch concrete pad. The K087 hazardous waste formed several large
oil layers on top of the accumulated stormwater. Additionally, K087 hazardous waste in the
form of oil layers and other uncontainerized debris and material migrated off
the pad and into an adjacent gravel area.
Subsequent to the inspection, Respondent submitted photographs showing
the removal of K087 hazardous waste from the west pitch concrete pad. The resolution of this violation is subject
to field verification by an IDEM inspector.
j.
Pursuant to 329 IAC 13-4-3(d), generators must
label all containers and above ground tanks with the words “Used Oil”
As noted during the inspection,
Respondent did not label three (3) 55-gallon drums containing used oil with the
words “Used Oil.” Respondent properly
labeled the containers prior to the conclusion of the inspection.
k. Pursuant to Indiana Code (“IC”)
13-30-2-1(1), no person shall discharge, emit, cause, allow, or threaten to
discharge, emit, cause, or allow any contaminant or waste, including any
noxious odor, either alone or in combination with contaminants from other
sources, into the environment in any form that causes or would cause pollution
that violates or would violate 329 Indiana Administrative Code (“IAC”) 10-4-2.
As noted during the inspection,
Respondent caused or allowed releases of dust from the degasser baghouse and
dust and grit from LMF-1 spark arrestor baghouse into the environment. Dust from the degasser baghouse was observed
on top of (2) two connected hoppers and on the concrete pad around the hoppers. Additionally, dust and grit from the LMF-1
baghouse was observed on the ground around the LMF-1 hopper. Prior to the completion of the inspection,
Respondent cleaned up the dust and grit and collected samples of the
materials. Subsequent to the inspection,
Respondent submitted to IDEM analytical results showing the dust and grit from
the baghouses were nonhazardous.
l.
Pursuant to 329 IAC 10-4-2, no person shall
cause or allow the storage, containment, processing, or disposal of solid waste
in a manner which creates a threat to human health or the environment, including
the creating of a fire hazard, vector attraction, air or water pollution, or
other contamination.
As noted during the inspection,
Respondent caused or allowed dust from the degasser baghouse and dust and grit
from the LMF-1 spark arrestor baghouse, solid wastes, to be disposed at the
Site in a manner which creates a threat to human health or the
environment. Dust from the degasser
baghouse was observed on top of (2) two connected hoppers and on the concrete
pad around the hoppers. Additionally, dust
and grit from the LMF-1 baghouse was observed on the ground around the LMF-1
hopper. Prior to the completion of the
inspection, Respondent cleaned up the dust and grit and collected samples of
the materials. Subsequent to the
inspection, Respondent submitted analytical results showing the dust and grit
from the baghouses were nonhazardous.
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 the statutes, rules,
and/or permit conditions listed in the findings above.
3.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.34(a)(2). Specifically, Respondent shall ensure the
date when the accumulation begins is clearly marked and visible for inspection
on each container accumulating hazardous waste.
4.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.34(a)(3). Specifically,
Respondent shall ensure each container accumulating hazardous waste is clearly
marked with the words “Hazardous Waste.”
5.
Upon the Effective Date, Respondent shall
comply with 40 CFR 265.173(a).
Specifically, Respondent shall ensure containers of hazardous waste are
always kept closed during storage, except when it is necessary to add or remove
waste.
6.
Upon the Effective Date, Respondent shall
comply with 40 CFR 262.34(a)(1). Specifically, Respondent shall ensure K087
hazardous waste is placed in containers or tanks in compliance with 40 CFR part
265.
7.
Upon the Effective Date, Respondent shall
comply with 40 CFR 265.31. Specifically,
Respondent shall ensure K087 hazardous waste is not released onto the west
pitch pad.
8.
Upon the Effective Date, Respondent shall
comply with 329 IAC 13-4-3(d).
Specifically, Respondent shall ensure used oil containers are labeled
with the words “Used Oil.”
9.
Within two years of the Effective Date,
Respondent shall complete the Coke Plant Cold Idle Environmental Project as
shown on the February 12, 2019 list of remaining cleanup activities (Attachment
A).
10.
If Respondent cannot complete cleanup
activities within two years of the Effective Date, Respondent shall submit in
writing a request for an extension at least fourteen (14) days prior to the
deadline date. The written request shall
include a reason for the request and a new proposed completion date. If such request is denied by IDEM, a
stipulated penalty shall not accrue until Respondent receives notice of such
denial.
11.
Within fifteen days of completing the cleanup
of the Coke Plant Idle Environmental Project, Respondent shall notify IDEM in
writing.
12.
All submittals required by this Agreed Order,
unless Respondent is notified otherwise in writing by IDEM, shall be sent to:
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Jennifer Reno, Enforcement Case
Manager |
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Office of Land Quality |
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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 |
13.
Respondent is assessed and agrees to pay a
civil penalty of Twenty-Three Thousand Eight Hundred Dollars ($23,800.00). 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”.
14.
In the event the terms and conditions of the
following paragraphs are violated, Complainant may assess and Respondent shall
pay a stipulated penalty in the following amount:
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Paragraph |
Penalty |
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Order
Paragraph 9 |
$500 per
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Order
Paragraph 10 |
$250 per
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Order
Paragraph 11 |
$250 per
week |
15.
Stipulated penalties shall be due and payable
no later than the 30th day after Respondent receives written notice
that Complainant has determined a stipulated penalty is due; the 30th
day being the “Due Date”. Complainant
may notify Respondent at any time that a stipulated penalty is due. Failure to notify Respondent in writing in a
timely manner of stipulated penalty assessment shall not waive Complainant’s
right to collect such stipulated penalty or preclude Complainant from seeking
additional relief against Respondent for violation of this Agreed Order. Neither assessment nor payment of stipulated
penalties shall preclude Complainant from seeking additional relief against
Respondent for a violation of this Agreed Order; such additional relief
includes any remedies or sanctions available pursuant to Indiana law, including
but not limited to, civil penalties pursuant to IC 13-30-4.
16.
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
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Office of Legal Counsel |
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IGCN, Room N1307 |
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100 North Senate Avenue |
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Indianapolis, IN 46204 |
17.
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 16, above.
18.
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.
19.
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.
20.
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.
21.
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.
22.
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.
23.
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.
24.
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 communication with the EPA or any other
agency or entity.
25.
This Agreed Order shall remain in effect until
IDEM issues a Resolution of Case letter to Respondent.
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TECHNICAL RECOMMENDATION: |
RESPONDENT: |
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Department of
Environmental Management |
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By: _________________________ |
By: _________________________ |
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Nancy
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Enforcement
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Printed:
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Office of
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Title:
________________________ |
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Date: __________________ |
Date:
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COUNSEL FOR RESPONDENT: |
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By:
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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
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For the
Commissioner: |
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Signed on
4/23/19_______ |
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Peggy Dorsey |
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Assistant
Commissioner |
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Office of Land Quality |
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