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. 2019-26459-A |
|||
|
|
) |
2019-26640-A |
||||
UNITED
STATES STEEL CORPORATION, |
|
) |
2020-26864-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 March 27, 2020, 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 described in the Findings of Fact, Paragraph No. 5.
5.
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 D.6.8(a) and corresponding
conditions in subsequent permits, Respondent shall record the pressure drop and
liquid reagent flow rate of the dry venturi scrubbers used in conjunction with
the No. 3 Sinter Plant Sinter Strand Windbox Gas
Cleaning Systems at least once per day when the No. 3 Sinter Plant Sinter
Strand Windbox units are in operation. When for any one
reading, the pressure drop or flow rate across the scrubbers is outside the
normal range, the Permittee shall take a reasonable response.
The quench
reagent sprays were not operated consistently within the flow ranges
established during the most recent performance test for thirty-three (33) days
from April 1, 2019 to May 4, 2019, and Respondent failed
to take a reasonable response step during the same time period, in violation of
Part 70 Operating Permit No. 089-38534-00121, Condition D.6.8(a) and
corresponding conditions in subsequent permits.
b.
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 for the Evelyn Furnace on June 4, 2019
and August 12, 2019; and for the Beaching Facility on April 17, 2019 and November
13, 2019, in violation of Part 70 Operating Permit No. 089-38534-00121,
Condition C.5(k) and corresponding conditions in subsequent permits.
c.
Pursuant
to Part 70 Operating Permit No. 089-38534-00121, Condition D.9.11(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 was five (5) days late calibrating the following
pressure gauges: 116 North & South Baghouse differential pressure
transmitters, and the Hot Metal Transfer and Desulfurization Baghouse
differential pressure transmitter, in violation of Part 70 Operating Permit No.
089-38534-00121, Condition D.9.11(e) and corresponding conditions in subsequent
permits.
d.
Pursuant
to Part 70 Operating Permit No. 089-38534-00121, Condition D.8.7(a)(2) and
corresponding conditions in subsequent permits, Flux Handling System Baghouses SS3053,
SS3058 and SS3059 shall be in operation for particulate
emissions control at all times the associated process is in operation.
Respondent failed to operate one of the Flux Handling
System Baghouses on June 11, 2019 for approximately
eight (8) hours, in violation of Part 70 Operating Permit No. 089-38534-00121,
Condition D.8.7(a)(2) and corresponding conditions in subsequent permits.
e.
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 May 13, 2019 and July 5, 2019,
in violation of Part 70 Operating Permit No. 089-38534-00121, Condition C.12(a)
and corresponding conditions in subsequent permits.
6.
Respondent
provided additional corrective action response documentation on November 6,
2019.
7.
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, unless superseded by a permit
modification or renewal.
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 Thirty-Seven Thousand Four
Hundred Dollars ($37,400). 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.
8.
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 August 19, 2021 |
||||||
|
Matthew
Stuckey |
||||||
|
Assistant
Commissioner |
||||||
|
Office
of Air Quality Indiana
Department of Environmental Management |
||||||