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. 2021-27920-A,

2021-27926-A, and 2021-28047-A

 

 

)

 

CLEVELAND-CLIFFS BURNS

HARBOR, LLC,

 

)

)

 

 

 

)

 

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 Cleveland-Cliffs Burns Harbor, LLC, which owns and operates the stationary steel works plant for the production of coke, limited coal chemical, molten iron, molten steel, steel slab, hot rolled steel, steel coils, steel plates, cold rolled and/or coated steel sheet and plate with Plant ID No. 127-00001, located at 250 West US Highway 12, in Burns Harbor, Porter 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”) via Certified and Electronic Mail to:

 

Cleveland-Cliffs Steel, LLC

Attn: Jean Louis Muller,

Senior General Manager Burns Harbor

250 W US Highway 12

Burns Harbor, IN 46304

JeanLouis.Muller@ClevelandCliffs.com

CT Corporation Systems,

Registered Agent

334 North Senate Avenue

Indianapolis, IN 46204

 

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

 

Based on the Enforcement Action Letter issued to Respondent on June 11, 2021, case number 2021-27920-A contains the following violation:

 

a.               Pursuant to 40 CFR 63 Subpart FFFFF, Respondent shall be in compliance with the emission limitations and operation and maintenance requirements in this subpart at all times, except during periods of startup, shutdown, and malfunction as defined in § 63.2.

Respondent reported their its 1st semi-annual report for the reporting period January 1 through June 30, 2020, forty-four (44) instances of non-compliance with the requirements, in violation of 40 CFR 63 Subpart FFFFF.

 

Based on the Enforcement Action Letter issued to Respondent on June 17, 2021, case number 20201-27926-A contains the following violations:

 

b.               Pursuant to Part 70 Permit 127-40675-00001 (“Permit”) condition C.2(a), opacity shall not exceed an average of forty percent (40%) in any one (1) six (6) minute averaging period as determined in 326 IAC 5-1-4.

Respondent reported in their 2020 Annual Compliance Certification (“2020 ACC”) that in the 2nd quarter 2020 there were two (2) opacity exceedances occurring at the west breaching pit, in violation of Permit condition C.2(a).

 

c.               Pursuant to Permit condition D.1.4(a), emissions from the charging systems (EU512- 04, 52), including any open charge port, offtake system (EP512-3014), mobile jumper pipe, or larry car, shall not be visible for more than a cumulative total of one hundred twenty-five (125) seconds during five (5) consecutive charging periods. Pursuant to 326 IAC 11-3-2(b)(5), one charge out of twenty (20) consecutive charges shall be exempt from the total seconds of charging using procedures set forth in 326 IAC 11-3-4(a).

Respondent reported in their 2020 ACC that on May 7, 2020, visible emissions on Battery #1 were observed for 165 seconds which is in excess of the 125 second permit limit, in violation of Permit condition D.1.4(a).

 

d.               Pursuant to Permit condition C.22, Respondent shall submit the attached Quarterly Deviation and Compliance Monitoring Report or its equivalent.  Any deviation from permit requirements, the date(s) of each deviation, the cause of the deviation, and the response steps taken must be reported.

Respondent reported in the 2020 ACC that they failed to report deviations of excess opacity at the west breaching pit and Battery #1 in the required Quarterly Deviation and Compliance Report(s), in violation of Permit condition C.22.

 

e.               Pursuant to 40 CFR 63.7295(a)(i) and Permit condition E.1.2(6), the concentration of total dissolved solids (“TDS”) in the water used for quenching must not exceed 1,100 milligrams per liter (mg/L).

Respondent reported in the 2020 ACC that in the 2nd quarter 2020 the TDS concentration for Coke Oven #2 Quench Station was 1,300 mg/L, which exceeds the 1,100 mg/L limit, in violation of 40 CFR 63.7295(a)(i) and Permit condition E.1.2(6).

 

f.                 Pursuant to 40 CFR 63.7341(c), semiannual compliance reports must provide information on compliance with the emission limitations, work practice standards, and operation and maintenance requirements for all affected sources except battery stacks. The reports must include the information in paragraphs (c)(1) through (3) of this section, and as applicable, paragraphs (c)(4) through (8) of this section.

Respondent reported in the 2020 ACC that they failed to report the exceedance of the TDS at Coke Oven #2 Quench Station in the 1st half 2020 semi-annual report, in violation of 40 CFR 63.7341(c).

 

g.               Pursuant to 40 CFR 63.7790(a), Respondent must meet each emission limit and opacity limit in Table 1 that applies.  Per Table 1, the operator must not cause to be discharged to the atmosphere any secondary emissions that exit any opening in the casthouse or structure housing the blast furnace that exhibit opacity greater than 20 percent (6-minute average).

Respondent reported in the 2020 ACC that on September 9 and 14, 2020, opacity in excess of 20 percent were observed from the D Blast Furnace, in violation of 40 CFR 63.7790(a) and Table 1.

 

h.               Pursuant to 40 CFR 63.7790(b)(1), Respondent must meet each operating limit for capture systems and control devices at or above the lowest value or setting established for the operating limits in your operation and maintenance plan.

Respondent reported in the 2020 ACC that there were six (6) previously unreported low flows related to Sinter Plant testing, in violation of 40 CFR 63.7790(b)(1).

 

i.                 Pursuant to 40 CFR 63.7841(b), compliance reports must include the information in paragraphs (b)(4) through (8).

Respondent reported in the 2020 ACC that they had failed to report, in the appropriate compliance report, opacity emissions on September 9 and 14, 2020, and the six (6) low flows related to testing at the Sinter Plant, in violation of 40 CFR 63.7841(b).

 

Based on the Enforcement Action Letter issued to Respondent on August 18, 2021, case number 2021-28047-A contains the following violations:

 

j.                 Pursuant to Permit condition C.2(a), opacity shall not exceed an average of forty percent (40%) in any one (1) six (6) minute averaging period as determined in 326 IAC 5-1-4.

Respondent reported in the 2021 2nd Quarterly Deviation and Compliance Monitoring Report that on June 22, 2021, excess visible emissions occurring at Coke Battery #1 were observed, in violation of Permit condition C.2(a).

 

k.               Pursuant to Permit condition C.2(a), opacity shall not exceed an average of forty percent (40%) in a one (1) six (6) minute averaging period as determined in 326 IAC 5-1-4.

Respondent reported in the 2021 2nd Quarterly Deviation and Compliance Monitoring Report that on June 28, 2021, the Continuous Opacity Monitor (“COM”) at Coke Battery #1 recorded forty-seven percent (47%) opacity, in violation of Permit condition C.2(a).

 

l.                 Pursuant to 40 CFR 63 Subpart FFFFF, Respondent shall be in compliance with the emission limitations and operation and maintenance requirements in this subpart at all times, except during periods of startup, shutdown, and malfunction as defined in § 63.2.

Respondent reported in their 1st semi-annual report for the reporting period January 1 through June 30, 2021, thirteen (13) instances of non-compliance with the requirement, in violation of 40 CFR 63 Subpart FFFFF.

 

6.               Respondent implemented new PLC logic, procedures, training and maintenance to address opacity deviations caused by operators or reduction of production.

 

7.               Respondent made upgrades to wiring and pretested circuit boards prior to replacing to prevent failure.

 

8.               Respondent increased the water level in the Coke Oven #2 Quench Station to operate below the TDS limit.

 

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 Part 70 Permit 172-43739-00001 unless superseded by a permit modification or renewal.

 

3.               Respondent shall comply with all applicable federal rules.

 

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

 

Matthew Chaifetz, Senior Enforcement Case Manager

Office of Air Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

mchaifet@idem.IN.gov

 

5.               Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Sixty-One Thousand Four Hundred Fifty Dollars ($61,450.00).  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.”

 

6.               Civil penalties are payable by check to the “Environmental Management Special Fund.” Checks shall include the Case Numbers 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

 

7.               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 6, above.

 

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

 

9.               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.

 

10.           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.

 

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

 

12.           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.

 

13.           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.

 

14.           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.

 

15.           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 the NOV.

 

16.           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.

 

17.           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

 

Cleveland-Cliffs Burns Harbor, LLC

 

 

 

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

 

, 2023.

 

 

For the Commissioner:

 

 

 

Signed on May 17, 2023

 

Matthew Stuckey

 

Assistant Commissioner

 

Office of Air Quality

Indiana Department of Environmental Management