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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2020-27260-A |
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UNITED
STATES STEEL CORPORATION, |
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2020-27486-A |
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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 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 18, 2021, 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:
Based on the
Enforcement Action Letter issued to Respondent on May 11, 2020, case number 2020-27056-A
contains the following violation:
a.
Pursuant
to Part 70 Operating Permit No. 089-41400-00121 (“Permit”), Condition C.5(k),
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 a total of nine (9) minutes at
the Beaching Facility on January 27, 2020, in violation of Permit Condition
C.5(k).
Based on the
Enforcement Action Letter issued to Respondent on August 13, 2020, case number
2020-27260-A contains the following violations:
b.
Pursuant
to Permit Condition C.5(k), 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 a total of three (3) minutes at the Evelyn
Furnace on May 13, 2020, in violation of Permit Condition C.5(k).
Based on the Enforcement
Action Letter issued to Respondent on November 19, 2020, case number 2020-27486-A
contains the following violations:
c.
Pursuant
to Permit Condition C.1(a), opacity shall not exceed an average of twenty
percent (20%) in any one (1) six (6) minute averaging
period as determined in 326 IAC 5-1-4.
Respondent exceeded the twenty percent (20%), six (6)
minute average opacity standard for a total of six (6) minutes at the Casthouse on July 31, 2020, in violation of Permit
Condition C.1(a).
d.
Pursuant
to Permit Condition D.8.7(a)(2), 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 operated a conveyor for the Flux Handling System
for six (6) minutes on September 3, 2020 while the
baghouses were locked out for service, in violation of Permit Condition D.8.7(a)(2).
6.
Respondent
provided additional corrective action response documentation on November 19, 2020 and May 3, 2021 which included additional staff
training and changes to the Flux Handling System lock-out procedures.
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 Part 70 Permit No.
089-41400-00121 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 Twenty-Nine Thousand Two Hundred Fifty
Dollars ($29,250.00). 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: |
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RESPONDENT: |
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Department
of Environmental Management |
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United States Steel Corporation |
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David
P. McIver, Chief |
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Printed: |
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Enforcement
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Office
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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By: |
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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 OF |
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2023. |
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For
the Commissioner: |
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Signed
on May 30, 2023 |
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Matthew
Stuckey |
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Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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