STATE OF INDIANA

COUNTY OF MARION

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SS:

BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT

 

COMMISSIONER OF THE DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT,

Complainant,

v.

,

Respondent.

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Case No. 2013-22542-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 an integrated steel mill with Plant I.D. No. 089-00121, located at 1 North Broadway, 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 (NOV) for the violations outlined in Findings of Fact Paragraph No. 5, below, on February 2, 2015.

 

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

 

a.               Pursuant to Condition D.18.1 (a) of Part 70 Operating Permit No. T089-29907-00121 issued to Respondent on December 20, 2013 (“Permit”), in order to render the requirements of 326 IAC 2-2, 326 IAC 2-3, and 326 IAC 2-1.1-5 not applicable to the Carbon Alloy Synthesis Plant (“CASP”), NOx, SO2, and CO emissions from the CASP C Particle Fusion Reactors shall not exceed 3.20 lbs/hr, 7.60 lbs/hr, and 9.20E-06 lbs/hr, respectively.

 

Respondent failed to continuously comply with the CASP C Particle Fusion Reactor limits for NOx, CO, and SO2, in violation of Condition D.18.1 (a) of the Permit, 326 IAC 2-2, 326 IAC 2-3, and 326 IAC 2-1.1-5.

 

b.               Pursuant to Condition D.18.1 (c) of the Permit, in order to render the requirements of 326 IAC 2-2, 326 IAC 2-3, and 326 IAC 2-1.1-5 not applicable to the CASP, the control devices for each of the Particle Fusion Reactors shall achieve one hundred percent (100%) capture of the emissions generated from the associated PFR process.

 

Respondent failed to continuously comply with the 100% capture for the CASP C Particle Fusion Reactors, in violation of Condition D.18.1 (c) of the Permit, 326 IAC 2-2, 326 IAC 2-3, and 326 IAC 2-1.1-5.

 

c.               Pursuant to Condition D.18.6 (c) of the Permit, not later than 180 days after the startup of CASP C, Respondent shall perform PM, PM10, PM2.5, NOx, SO2, CO, and VOC testing of one (1) of the four (4) Feed Enhancement Reactors (FERC1, FERC2, FERC3, FERC4) and one (1) of the two (2) Particle Fusion Reactors (PFRC1, PFRC2), utilizing methods approved by the commissioner.

 

Respondent failed to perform PM, PM10, PM2.5, NOx, SO2, CO, and VOC testing of one (1) of the four (4) Feed Enhancement Reactors (FERC1, FERC2, FERC3, FERC4) and one (1) of the two (2) Particle Fusion Reactors (PFRC1, PFRC2) within 180 days of start-up of CASP C, in violation of Permit Condition D.18.6 (c).

 

d.               Pursuant to Condition D.19.4 (i) of the Permit, not later than 180 days after the startup of CASP C, Respondent shall perform PM, PM10, and PM2.5 testing of either the coal crusher and associated crushed coal conveyors, identified as CCC1, or the coal crusher and associated crushed coal conveyors, identified as CCC2, utilizing methods approved by the commissioner.

 

Respondent failed to perform PM, PM10 and PM2.5 testing of either CCC1 or CCC2 within 180 days of start-up of CASP C, in violation of Permit Condition D.19.4 (i).

 

e.               Pursuant to Condition D.19.4 (j) of the Permit, not later than 180 days after the startup of CASP C, Respondent shall perform  PM, PM10, and PM2.5 testing of either the coal dryer and associated dried coal conveyors, identified as CDC1, or the coal dryer and associated dried coal conveyors, identified as CDC2, utilizing methods approved by the commissioner.

 

Respondent failed to perform PM, PM10, and PM2.5 testing of either CDC1 or CDC2 within 180 days of start-up of CASP C, in violation of Permit Condition D.19.4 (j).

 

f.                Pursuant to Condition  D.19.4 (k) of the Permit, not later than 180 days after the startup of CASP C, Respondent shall perform  PM, PM10, and PM2.5 testing of one (1) of the five (5) dry coal bins, identified under RMRHSC, utilizing methods approved by the commissioner.

 

Respondent failed to perform PM, PM10, and PM2.5 testing of one (1) of the five (5) dry coal bins, identified under RMRHSC, within 180 days of start-up of CASP C, in violation of Permit Condition D.19.4 (k).

 

g.               Pursuant to Condition  D.19.4 (l) of the Permit, not later than 180 days after the startup of CASP C, Respondent shall perform  PM, PM10, and PM2.5 testing of the three (3) blend #2 weigh feeders, three (3) blend #2 drag conveyors, three (3) blend #2 crushers, three (3) hi-intensive mixers, three (3) pug mills, and three (3) densifers, billet belt conveyors, one (1) billet roller screener, and one (1) billet fines weigh feeder, utilizing methods approved by the commissioner.

 

Respondent failed to perform PM, PM10, and PM2.5 testing of the three (3) blend #2 weigh feeders, three (3) blend #2 drag conveyors, three (3) blend #2 crushers, three (3) hi-intensive mixers, three (3) pug mills, and three (3) densifers, billet belt conveyors, one (1) billet roller screener, and one (1) billet fines weigh feeder within 180 days of start-up of CASP C, in violation of Permit Condition D.19.4 (l).

 

h.               Pursuant to Condition D.18.7 (a) of the Permit, a continuous monitoring system shall be calibrated, maintained, and operated on the Feed Enhancement Reactor afterburners and the Particle Fusion Reactor afterburners for measuring operating temperature, and from the date of the startup until the stack test results are available, each afterburner shall be operated at or above the 3-hour average temperature of 1850O F.

Pursuant to Condition D.18.7 (c) of the Permit, on and after the date the stack test are available, each afterburner shall be operated at or above the 3-hour average temperature observed during the compliant stack test.

 

Respondent failed to continuously operate each CASP C afterburner at or above the 3-hour average temperature of 1850O F, in violation of Permit Conditions D.18.7 (a) and D.18.7 (c).

 

6.               The Carbon Alloy Synthesis Process has been permanently shut down by Respondent.

7.               In recognition of the settlement reached, Respondent waives any right to dministrative 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 not restart the CASP or related equipment without first receiving permit approval from IDEM.

 

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

 

Kevin Davis, 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.               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.

 

5.               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.

 

6.               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.

 

7.               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.

 

8.               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.

 

9.               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.

 

10.           This Agreed Order shall remain in effect until IDEM issues a Resolution of Case letter to Respondent.

 

 

TECHNICAL RECOMMENDATION:

 

RESPONDENT:

Department of Environmental Management

 

US Steel – Gary Works

 

 

 

By:

 

 

By:

 

 

Hala K. Kuss

 

Printed:

 

 

Director

 

Title:

 

 

Northwest Regional Office

 

 

 

Date:

 

 

Date:

 

 

 

 

 

 

 

 

 

 

 

COUNSEL FOR RESPONDENT:

 

 

 

 

 

 

 

 

 

By:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

MANAGEMENT THIS

 

DAY OF

 

, 2015.

 

 

For the Commissioner

 

 

 

Signed on June 9, 2015

 

Keith Baugues, Assistant Commissioner

 

Office of Air Quality

 

Indiana Department of Environmental Management