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STATE OF INDIANA |
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BEFORE THE INDIANA
DEPARTMENT OF |
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COUNTY OF MARION |
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ENVIRONMENTAL MANAGEMENT |
COMMISSIONER OF THE DEPARTMENT ) OF ENVIRONMENTAL MANAGEMENT, )
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Complainant, )
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v.
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Case No. 2023-29525-H
) STEEL DYNAMICS, INC. STRUCTURAL ) AND RAIL DIVISION, )
)
Respondent. )
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.
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. Structural and Rail Division
(“Respondent”), which owns the property and operates the company with United
States Environmental Protection Agency (“EPA”)
ID No. INR000019364, located at 2601 South County Road 700 East, in Columbia City, Whitley
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 mail on September 19, 2023 to:
Mark Millett, President of Anne Simerman, Registered Agent for Steel Dynamics, Inc. Structural and Steel Dynamics, Inc. Structural and Rail Division Rail Division
7575 West Jefferson Boulevard 7575 W. Jefferson Boulevard Fort Wayne, Indiana 46804 Fort Wayne, Indiana 46804
Steel Dynamics, Inc. Structural and Rail Division
2601 South County Road 700 East Columbia City, Indiana 46725
5.
Respondent most recently
notified EPA of Large Quantity
Generator activities on February 24, 2023.
6.
Respondent is a domestic steel producer and metal recycler.
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 May 17, 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, white-colored water IDEM suspected to be slag leachate was present within a ditch near Water Treat 1. A break in a water line contributed to the suspected leachate accumulation within the low-lying area. The ditch drains to one of three outfalls in a retention pond. The suspected leachate was field-tested by IDEM using a Hydrion colorimetric test kit and resulted in a pH of 13.
Respondent contends that use of a calibrated pH meter is the recognized method to determine corrosivity. The date on the test kit indicated that the test kit was over four years past its expiration date. Respondent sampled the suspected slag leachate using a calibrated pH meter and the result was a pH of 10 which is not corrosive. Respondent contends that the liquid is stormwater and not a waste.
Liquid within this area, approximately 200-gallons, has been collected via vacuum truck and transferred to a poly tote to be sent for off-site disposal. The bottom of the ditch was re-graded, and additional grading to improve the drainage was also completed. The ditch line has been re-contoured and compacted with fill
soil to re-establish a gradient to the culvert. Geotextile fabric was used under a layer of roughly 720 tons of limestone rip-rap.
b.
Pursuant to 40 Code of Federal Regulations (“CFR”) 262.11, a person who
generates a solid waste must determine if that waste is a hazardous waste at
the point of waste generation, before any dilution, mixing, or other alteration
of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a
result of exposure to the environment or other factors that may change the
properties of the waste such that the RCRA classification of the waste may
change.
As noted during the inspection, one 20-gallon drum of small used propane cylinders was labeled with a Hazardous Waste label. Facility representatives could not determine where the cylinders were generated from, and described the drum as improperly labeled. Some cylinders within the drum appeared to be empty, but it could not be determined if all were empty.
On June 23, 2023, Respondent submitted documentation showing waste determination of all cylinders in the 20-gallon drum were empty, and therefore not hazardous and not a waste. The canisters were removed for recycling.
c.
Pursuant to 40 CFR 262.17(a)(5)(i)(B), a large quantity
generator may accumulate hazardous waste on-site for 90
days or less without a permit, provided that, while being accumulated on-site,
each container is labeled or marked with an indication of the hazards of the
contents.
As noted during the inspection, one rail car, one roll-off container, and one vac box containing EAF baghouse dust, K061, was not marked with the indication of its hazards.
On June 23, 2023, Respondent submitted documentation of use of a health hazard pictogram label on the roll-off container and submitted an example label.
Respondent has not submitted documentation of use of a health hazard pictogram label for the rail car or vac box.
Respondent contends that they use Department of Transportation (“DOT”) black and white striped Class 9 placard that is acceptable per 49 CFR 172 Subpart F; however, IDEM and U.S. EPA’s position regarding Class 9 label is not appropriate to meet the RCRA labeling standard. The regulations require that the generator mark or label the container with the words “Hazardous Waste” and give an indication of the contents. DOT Class 9 does not indicate a specific hazard, rather it indicates that a hazardous material is not adequately described by one of the other eight labels.
d.
Pursuant to 40 CFR 262.17(a)(2) referencing 40 CFR 265.195(a), a large quantity generator must inspect tank
systems once each operating day. Large quantity generators utilizing tank
systems that either use leak detection equipment to alert facility personnel
to leaks or implement established workplace practices to ensure
leaks are promptly identified, must inspect tank systems at least weekly. Use of the alternate inspection schedule must be documented.
As noted during the inspection, visible liquid was observed within a pit below the connecting pipe of a spent hydrochloric acid (HCL) tank. The most recent daily tank inspections did not note visible liquid.
On June 23, 2023, Respondent submitted documentation of inspection of the tank showing the liquid was condensate from the air scrubber located above the tank pit. A small crack in the air scrubber was discovered and maintenance was performed. The liquid was removed, and daily tank inspections are being performed.
e.
Pursuant to 40 CFR 262.17(a)(6) referencing 40 CFR 262.261, the content
of the contingency plan must include the following: a description of appropriate actions, arrangements with local
emergency response teams, contact information for the emergency coordinators,
emergency equipment, and an evacuation plan.
As noted during the inspection, incorrect personnel listed as primary emergency coordinator.
On June 23, 2023, Respondent submitted documentation showing the current primary emergency coordinator.
f.
Pursuant to 40 CFR 262.17(a)(6) referencing
40 CFR 262.262(b), a large quantity
generator that first becomes subject to these provisions after May 30, 2017 or
a large quantity generator that is otherwise amending its contingency plan must at that time submit a quick reference
guide of the contingency plan to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning
Committee. The quick reference guide must include:
(1) The types/names of hazardous wastes in layman’s
terms and the associated
hazard associated with each hazardous waste present at any one time.
(2)
The estimated maximum
amount of each hazardous waste that may be
present at any one time.
(3) The identification of any hazardous wastes
where exposure would
require unique or special treatment by medical or hospital staff.
(4)
A map of the facility
showing where hazardous wastes are generated, accumulated and treated and
routes for accessing these wastes.
(5)
A street map of the facility in relation to surrounding businesses, schools, residential areas to understand how best to get to the
facility and also evacuate citizens and workers.
(6) The locations of water
supply.
(7) The identification of on-site
notification systems; and
(8) The name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s)
or, in the case of a facility where an emergency
coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.
As noted during the inspection, the Quick Reference Guide (“QRG”) listed incorrect personnel as the primary emergency coordinator, and that aerosol cans are managed as hazardous waste, although the facility is now managing the aerosol collection containers as universal waste.
On June 23, 2023, Respondent submitted documentation showing the current primary emergency coordinator.
On October 21, 2023, Respondent submitted documentation of an updated QRG.
g.
Pursuant to 40 CFR 262.17(a)(7)(ii), facility personnel must successfully
complete the program required in paragraph (a)(7)(i)
of this section within six months after the date of their employment or assignment to the facility, whichever is later. Employees must not work in unsupervised
positions until they have completed the training standards of paragraph (a)(7)(i) of this section.
As noted during the inspection, under job descriptions and titles for outside contractors, the documentation stated that the personnel shall be trained in HAZWOPER and RCRA training from a qualified off-site firm. Respondent does not train outside contractors and was unable to provide training records for outside contractors that handle hazardous waste on the premises.
On June 23, 2023, Respondent provided documentation of training for internal employees.
On October 31, 2023, Respondent provided documentation of training for Powerclean Industrial.
h.
Pursuant to 40 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 55-gallon drum of universal waste aerosol cans was observed in the heavy section mill (“HSM”) building and was labeled “Hazardous Waste.” During the previous inspection in 2019, Respondent managed the aerosol cans as hazardous waste; however, the facility is now managing the aerosol cans as universal waste.
Respondent contends that use of “Hazardous Waste” versus “Universal Waste” does not constitute a violation; however, according to 40 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)”.”
On June 23, 2023, documentation was submitted showing proper labeling of the aerosol container labeled as “Universal Waste.”
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.
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 statute
and rules 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:
Jodi Pisula, Enforcement Case Manager Office of Land Quality
Indiana Department of Environmental Management 100 North Senate Avenue
Indianapolis, IN 46204-2251
4.
Pursuant to IC 13-30-4-1, Respondent is assessed and agrees to pay a
civil penalty of Fourteen Thousand Nine Hundred Forty-Nine Dollars
($14,949.00). 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.
Civil penalties are payable to the “Indiana Department of Environmental Management” by:
Mail:
Civil penalties are 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 46206
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.
5.
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 “Indiana
Department of Environmental Management,” and shall be payable
to IDEM in the manner specified in Paragraph 4, above.
6.
Signatories to this Agreed Order certify that they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
7.
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.
8.
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.
9.
Respondent shall ensure
that all contractors, firms, and other persons performing work under this Agreed Order comply with the terms of this
Agreed Order.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
This Agreed Order shall remain
in effect until IDEM issues a Resolution of Case letter
to Respondent.
TECHNICAL RECOMMENDATION: RESPONDENT:
Department of Environmental Management Steel Dynamics, Inc. Structural and Rail
Division
By:
Jennifer Reno, Chief
Land Enforcement Section Compliance Branch Office of Land Quality
Date:
By:
Printed: Title:
Date:
By: Printed: Date:
APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT THIS - DAY OF , 20----------
For the Commissioner:
Signed 1/3/2024
Peggy Dorsey
Assistant Commissioner Office of Land Quality