STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case Nos. 2018-25566-A
					)	2019-26007-A
UNITED STATES STEEL CORPORATION,					)	2019-26157-A
					)
Respondent.					)

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 Indiana Code (“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 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. By email dated May 9, 2019, Respondent waived issuance of a Notice of Violation (“NOV”) and the settlement period of sixty (60) days, as provided for by IC 13-30-3-3, for the violations identified in the Enforcement Action Letters issued on August 24, 2018 and March 1, 2019.

5. By email dated June 27, 2019, Respondent waived issuance of a Notice of Violation (“NOV”) and the settlement period of sixty (60) days, as provided for by IC 13-30-3-3, for the violation described in the Findings of Fact, Paragraph No. 6d for the time period from January 1, 2019 to April 30, 2019.

6. During an investigation including report reviews conducted by a representative of IDEM, the following violations were found:

a. Pursuant to Part 70 Operating Permit No. 089-38534-00121, 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 April 30, 2018 (two occurrences), May 9, 2018, May 16, 2018, May 29, 2018, and October 24, 2018, in violation of Part 70 Operating Permit No. 089-38534-00121, Condition C.5(k) and corresponding conditions in subsequent permits.

b. Pursuant to Part 70 Operating Permit No. 089-38534-00121, Condition F.9.2(28) and corresponding conditions in subsequent permits and 40 CFR 63, Subpart FFFFF, Table 1(12), Respondent must not cause to be discharged to the atmosphere any secondary emissions that exit any opening in the BOPF shop or any other building housing the BOPF or BOPF shop operation that exhibit opacity greater than 20 percent (3-minute average).

Respondent exceeded the twenty percent (20%), three (3) minute average opacity standard on April 30, 2018 (two occurrences), May 29, 2018 and October 24, 2018, in violation of Part 70 Operating Permit No. 089-38534-00121, Condition F.9.2(28) and corresponding conditions in subsequent permits and 40 CFR 63, Subpart FFFFF, Table 1(12).

c. Pursuant to Part 70 Operating Permit No. 089-38534-00121, 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 June 17, 2018, December 23, 2018, and December 24, 2018, in violation of Part 70 Operating Permit No. 089-38534-00121, Condition C.12(a) and corresponding conditions in subsequent permits.

d. Pursuant to Part 70 Operating Permit No. 089-38534-00121, Condition D.15.3(b) and corresponding conditions in subsequent permits, pursuant to the Minor Source Modification 089-10160-00121 issued, January 13, 2000, 326 IAC 2-2 and 326 IAC 2-3, the NOX emissions for the TBBH Boiler No. 6 Stack OT6276 shall be limited to the following: natural gas usage shall be limited to 1,059.7 million cubic feet (MMCF) per twelve (12) consecutive month period with compliance demonstrated at the end of each month.

Respondent exceeded the natural gas usage limit of 1059.7 million cubic feet (MMCF) per twelve (12) consecutive month period from November of 2017 through April of 2019, in violation of Part 70 Operating Permit No. 089-38534-00121, Condition D.15.3(b) and corresponding conditions in subsequent permits.

7. Respondent was issued Part 70 Renewal Permit No. 089-39777-00121 on May 16, 2019, which removed the natural gas usage limit requirement for the TBBH Boiler No. 6 Stack OT6276 in Condition D.15.

8. Respondent submitted additional corrective action response documentation on May 7, 2019.

9. Orders of the Commissioner are subject to administrative review by the Office of Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement reached, Respondent acknowledges notice of this right and 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 rules and permit conditions listed in the findings of fact above.

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

Jennifer Bailey, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

Jbailey2@idem.in.gov

4. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Seventy-Four Thousand Two Hundred Fifty Dollars ($74,250). Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date; the thirtieth 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:

Indiana Department of Environmental Management

Accounts Receivable

IGCN, Room 1340

100 North Senate Avenue

Indianapolis, IN 46204

6. 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.

7. Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the party they represent.

8. This Agreed Order shall apply to and be binding upon Respondent and all successors and assigns. Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners, successors, or assigns before ownership rights are transferred.

9. No change in ownership, corporate, or partnership status of Respondent shall in any way alter the Respondent’s status or responsibilities under this Agreed Order.

10. Respondent shall ensure that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

11. 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.

12. 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 the obligation to comply with the requirements of any applicable permits or any applicable Federal or State laws or regulations.

13. 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.

14. 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 violations specified in this Agreed Order.

15. Nothing in this Agreed Order shall prevent IDEM or anyone acting on its behalf from communicating with the U.S. Environmental Protection Agency (“U.S. 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 U.S. EPA or any other agency or entity.

16. This Agreed Order shall remain in effect until Respondent has complied with all terms and conditions of this Agreed Order and IDEM has issued 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 COMPLAINANT:			COUNSEL FOR RESPONDENT:
For the Department of Environmental Management
By:			By:
Date:			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 2021.
			For the Commissioner:
			Signed on April 20, 2021
			Matthew Stuckey
			Assistant Commissioner
			Office of Air Quality Indiana Department of Environmental Management