STATE OF INDIANA		)	SS:	BEFORE THE INDIANA DEPARTMENT OF
		)
COUNTY OF MARION		)		ENVIRONMENTAL MANAGEMENT
COMMISSIONER OF THE DEPARTMENT					)
OF ENVIRONMENTAL MANAGEMENT,					)
					)
Complainant,					)
					)
	v.				)	Case No. 2023-29360-H
					)
STEEL DYNAMICS, INC. ENGINEERED					)
BAR PRODUCTS DIVISION,					)
					)
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 Steel Dynamics, Inc. Engineered Bar Products Division (“Respondent”), which owns and operates the company with United States Environmental Protection Agency (“EPA”) ID No. INR000012120 located at 8000 North CR 225 E, in Pittsboro, Hendricks 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”) on June 21, 2023 via certified mail to:

Mark Millett, President of	Anne Simerman, Registered Agent
Steel Dynamics, Inc. Engineered Bar	Steel Dynamics, Inc. Engineered
Products Division	Bar Products Division
7575 W. Jefferson Boulevard	7575 W. Jefferson Boulevard
Fort Wayne, Indiana 46804	Fort Wayne, Indiana 46804

5. Respondent notified EPA of Large Quantity Generator activities on January 26, 2022.

6. Respondent manufactures steel bars ranging in size from ¾ inches up to eight inches.

7. 329 Indiana Administrative Code (“IAC”) 3.1 incorporates federal hazardous waste management requirements found in 40 Code of Federal Regulations (“CFR”) Parts 260 through 270 and Part 273, including those identified below.

8. During an investigation including an inspection on April 6, 2023 conducted by a representative of IDEM, the following violations were found:

a. Pursuant to IC 13-30-2-1(4), no person shall deposit or cause or allow the deposit of any contaminants or solid waste upon the land, except through the use of sanitary landfills, incineration, composting, garbage grinding, or another method acceptable to the board.

As noted during the inspection, Respondent deposited or caused and/or allowed the deposit of piles of Electric Arc Furnace (“EAF”) dust, (K061 listed waste), in the dust loading bay in a method which has not been determined by the board to be acceptable. Dust was observed on structural supports, on the ramp, and along the floor of the dust loading bay. No dust was observed outside of the building.

On July 13, 2023, photographic documentation was provided showing the EAF dust had been removed from the structural supports, the ramp, and along the floor of the dust loading bay.

b. Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.251(b)(8)(i), a large quantity generator must maintain and operate the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

As noted during the inspection, Respondent failed to properly manage EAF dust (K061) in the dust loading bay to minimize a release to the environment. No dust was observed outside of the building.

On July 13, 2023, photographic documentation was provided showing the EAF dust had been removed from the structural supports, the ramp, and along the floor of the dust loading bay.

c. Pursuant to 40 CFR 262.17(a)(1), (2), (3), and (4), Accumulation in Containers, Tanks, Drip Pads and Containment Buildings, a large quantity generator may accumulate hazardous waste on site without a permit and without complying with the requirements of parts 40 CFR 264 through 267 and 40 CFR 270, or the notification requirements of section 3010 of RCRA provided that hazardous waste is placed in a container, tank, drip pad or containment building.

As noted during the inspection, EAF dust (K061) in the dust loading bay was not properly stored in a container, tank, or containment building. EAF dust (K061) was observed on structural supports, ramp, and along the floor of the dust loading bay. No dust was observed outside of the building.

On July 13, 2023, photographic documentation was provided showing the EAF dust had been removed from the structural supports, the ramp, and along the floor of the dust loading bay.

d. Pursuant to 329 Indiana Administrative Code (“IAC”) 3.1-16-2(4), Each container or package in which aerosol cans are contained must be labeled or marked clearly with the phrase “Universal Waste—Aerosol Can(s),” “Waste Aerosol Can(s),” or “Used Aerosol Can(s)”.

Pursuant to 40 Code of Federal Regulations (“CFR”) 273.34(f), universal waste aerosol cans (i.e., each aerosol can), or a container in which the aerosol cans are contained, must be labeled or marked clearly with any of the following phrases: “Universal Waste-Aerosol Can(s)”, “Waste Aerosol Can(s)”, or “Used Aerosol Can(s)”.

As noted during the inspection, one drum of Universal Waste Aerosol cans was observed unlabeled.

Respondent corrected this violation at the time of the inspection.

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 statutes and rules listed in the findings of fact above.

3. Respondent shall comply with 40 CFR 262.17(a).

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

Jodi Pisula, Enforcement Case Manager

Office of Land Quality

Indiana Department of Environmental Management

100 North Senate Avenue

Indianapolis, IN 46204-2251

5. Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a civil penalty of Seven Thousand Eight Hundred Dollars ($7,800.00). After this Agreed Order is adopted (signed by the Assistant Commissioner of the Office of Land Quality), Respondent shall pay by the due date printed on the Invoice that will be attached to the adopted Agreed Order.

The civil penalty is payable to the “Indiana Department of Environmental Management” by:

Mail:

The civil penalty is payable by check to the “Indiana Department of Environmental Management.” Checks shall include the Case Number of this action and shall be mailed to:

Indiana Department of Environmental Management

Accounts Receivable

P. O. Box 3295

Indianapolis, IN 46204

Online:

Accounts Receivable is accepting payments online by e-Check, Master Card, Visa or Discover. Please visit www.in.gov/idem. Under Online Services, click Online Payment options and follow the prompts. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

Phone:

You may also call us at 317-234-3099 and follow the instructions for Master Card, Visa or Discover payments. A processing fee of $0.40 plus 2.06% will be charged for credit card payments.  A processing fee of $0.15 will be charged for eCheck payments.

The Case Number is required to complete the process.

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 an additional penalty of 10 percent, payable to the “Indiana Department of Environmental Management” 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 the NOV.

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 IDEM issues a Resolution of Case letter to Respondent.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

TECHNICAL RECOMMENDATION:			RESPONDENT: Steel Dynamics, Inc. Engineered Bar Products Division
Department of Environmental Management
By:			By:
	Jennifer Reno, Chief		Printed:
	Land Enforcement Section		Title:
	Compliance Branch
	Office of Land Quality
Date:			Date:
			COUNSEL FOR RESPONDENT:
			By:
			Printed:
			Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT THIS		DAY OF		, 20_____
			For the Commissioner:
			Signed 8/7/2023
			Peggy Dorsey
			Assistant Commissioner
			Office of Land Quality