NOTICE OF VIOLATION
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Via
Certified Mail #:_________________ |
Via
Certified Mail #:_________________ |
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Mr.
J. P. Surma, President |
National
Registered Agents, Inc. |
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United
States Steel Corporation |
Registered
Agent for |
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United
States Steel Corporation |
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Case Nos.
2003-15205-A, 2003-15219-A,
2003-15229-A, 2003-15230-A, 2003-15247-A,
2003-15254-A, 2003-15255-A,
2004-15212-A, 2004-15231-A, 2004-15232-A,
2004-15234-A, 2004-15236-A,
2004-15248-A, 2004-15249-A, 2004-15256-A,
2004-15257-A, 2005-15207-A,
2005-15215-A, 2005-15220-A, 2005-15237-A,
2005-15240-A, 2005-15250-A,
2005-15251-A, 2005-15258-A, 2005-15259-A
Based on series of investigations, the Indiana Department of
Environmental Management (“IDEM”) has reason to believe that United States
Steel Corporation (“Respondent”), which owns and operates an integrated steel
mill with Federal ID number 089-00121, located at 1 North Broadway in Gary,
Lake County, Indiana (“Site”), has violated the following environmental
statute(s), rule(s), agreed order(s), and/or permit(s):
1.
Pursuant to 326 IAC 5-1-2(2)(B), opacity of visible
emissions (“VE”) from a facility located in
2.
Pursuant to 326 IAC 6-1-10.2(c)(1), no VE shall be permitted
from more than ten (10%) of the observed coke oven doors on any coke oven
battery. The number of coke-side doors and push-side doors shall be counted in
determining compliance with this emission limit.
3.
Pursuant to 326 IAC 6-1-10.2(c)(3)(B), the VE opacity during
the pushing operation shall not exceed twenty percent (20%). The pushing operation shall be considered to
begin with the first movement of coke from the oven into the coke car and to
the end when the quench car enters the quench tower. The opacity shall be determined using 40 CFR
60, Appendix A, Method 9, except that the readings shall be taken at fifteen
(15) second intervals. Six (6)
consecutive readings shall be averaged to determine the opacity.
4.
Pursuant to 326 IAC 6-1-10.2(c)(5), no VE shall be permitted from more than five percent (5%) of the
total offtake piping in any coke oven battery.
At no time shall the VE from any gooseneck cap opening exceed twenty
percent (20%). An exclusion from this
opacity limit shall be allowed for two (2) minutes after a gooseneck cap is
opened. The opacity shall be determined
on an instantaneous basis.
5.
Pursuant to Order condition B(3)(c) of Agreed Order No.
A-960, et al., adopted on March 22, 1996 (“Order”), Respondent shall be required
to conduct performance tests in accordance with 326 IAC 3-2.1 (currently 3-6)
and the protocol specified in Exhibit C of the Order, at the electrostatic
precipitator (“ESP”) stacks for the No. 2 and 3 Precarbonization Systems. In a testing agreement issued by IDEM=s Office of Enforcement on
July 6, 1998, this protocol was amended and a limit of 31.25 pounds per hour
for the filterable and condensable particulate matter (“PM/CPM”) emissions for
the Nos. 2 and 3 Precarbonization Line ESP stacks was established.
6.
Inspections, stack tests, and records review were conducted
at and/or nearby the Site by IDEM’s representatives. The violations are based on the following
findings:
I.
No. 8 BF
a.
July 21, 2005 VE
opacity exceeded 20% 6-minute average once and was 35.4% in violation of 326
IAC 5-1-2(2)(B)
b.
August 3, 2005 VE
opacity exceeded 20% 6-minute average in violation of 326 IAC 5-1-2(2)(B)
II.
COB No. 2
a.
May 1, 2003 VE
opacity at ovens 50 and 52 exceeded the 20% opacity limit in 6 consecutive
readings during pushing (4 pushes were observed) in violation of 326 IAC
6-1-10.2(c)(3)(B)
b.
August 6, 2003 12
of 101 observed doors (11.9%) leaked in violation of 326 IAC 6-1-10.2(c)(1)
c.
July 13, 2004 12
of 95 observed doors (12.6%) leaked in violation of 326 IAC 6-1-10.2(c)(1)
VE opacity at ovens 4, 6, and 8 exceeded the 20% opacity limit in 6 consecutive
readings during pushing (4 pushes were observed) in violation of 326 IAC
6-1-10.2(c)(3)(B)
d.
September 14, 2003 VE
opacity at oven 5 exceeded the 20% opacity limit in 6 consecutive readings
during pushing (4 pushes were observed) in violation of 326 IAC
6-1-10.2(c)(3)(B)
17 of 102 observed doors (16.6%) leaked in violation of 326 IAC 6-1-10.2(c)(1)
e.
October 5, 2004 VE
opacity at ovens 3 and 21 exceeded the 20% opacity limit in 6 consecutive
readings during pushing (8 pushes were observed) in violation of 326 IAC
6-1-10.2(c)(3)(B)
f.
October 6, 2004 16
of 92 observed doors (17%) leaked in violation of 326 IAC 6-1-10.2(c)(1)
g.
July 13, 2005 Door
emissions from more than 10% (26.6% out of 94 doors) of the observed doors in
violation of 326 IAC 6-1-10.2(c)(1)
VE opacity at oven 18 exceeded 20% 6-minute average during pushing and was
36.7% in violation of 326 IAC 6-1-10.2(c)(3)(B)
h.
July 29, 2005 VE
opacity of pushing emissions from ovens 46 and 32 exceeded 20% 6-minute average
in violation of 326 IAC 6-1-10.2(c)(3)(B)
III.
COB No. 3
a.
September 4, 2003 12
of 98 observed doors (12.2%) were leaking in violation of 326 IAC 6-1-10.2(c)(1)
b.
October 5, 2004 VE
opacity at oven 57 exceeded the 20% opacity limit in 6 consecutive readings
during pushing (1 push was observed) in violation of 326 IAC 6-1-10.2(c)(3)(B)
c.
October 7, 2004 18
of 95 observed doors (18%) were leaking in violation of 326 IAC 6-1-10.2(c)(1)
d.
October 20, 2004 VE
opacity at ovens 29, 31, 39, 43, 45, and 47 exceeded the 20% opacity limit in 6
consecutive readings during pushing (10 pushes were observed) in violation of
326 IAC 6-1-10.2(c)(3)(B)
e.
July 15, 2005 VE
opacity from the offtake piping was greater than 20% after 2 minutes of being
opened in violation of 326 IAC 6-1-10.2(c)(5)
f.
July 19, 2005 VE
opacity from the offtake piping was greater than 20% after 2 minutes of being
opened in violation of 326 IAC 6-1-10.2(c)(5)
31 out of 89 observed doors (34.8%) were leaking in violation of 326 IAC
6-1-10.2(c)(1)
g.
July 29, 2005 VE
opacity of pushing emissions from ovens 7, 9, and 17 exceeded 20% 6-minute
average in violation of 326 IAC 6-1-10.2(c)(3)(B)
IV.
ICOB No. 5
a.
July 22, 2004 16
of 131 observed doors (12%) leaked in violation of 326 IAC 6-1-10.2(c)(1)
b.
July 12, 2005 22
of 142 doors (15.5%) leaked in violation of 326 IAC 6-1-10.2(c)(1)
V.
COB No. 7
a.
May 1, 2003 VE
opacity at ovens 2, 4, and 77 exceeded the 20% opacity limit in 6 consecutive
readings during pushing (4 pushes were observed) in violation of 326 IAC
6-1-10.2(c)(3)(B)
b.
August 4, 2005 VE
opacity of pushing emissions at oven 70 exceeded the 20% 6-minute average in
violation of 326 IAC 6-1-10.2(c)(3)(B)
VI.
No. 2 Precarbonization C-Line
a.
January 23, 2003 During
the test, PM/CPM emissions exceeded the 31.25 lbs/hour limit and were 51.05
lbs/hour in violation of the Order
b.
December 22, 2004 During
the test, PM/CPM emissions exceeded the 31.25 lbs/hour limit and were 43.03
lbs/hour in violation of the Order
VII.
Coke Oven Batteries - Underfire Stacks, (Continuous Opacity
Monitor (ACOM@) Violations)
a.
4th Quarter of 2002 4th Quarter 2002 - COM exceedances at COB 3 in
violation of 326 IAC 5-1-2(2)(B)
b.
1st Quarter of 2003 1st Quarter 2003 - COM exceedances at COB 3 and 5 in
violation of 326 IAC 5-1-2(2)(B)
c.
2nd Quarter of 2003 2nd Quarter 2003 - COM exceedances at COB 2, 3, and 7
in violation of 326 IAC 5-1-2(2)(B)
d.
3rd Quarter of 2003 3rd Quarter 2003 - COM exceedances at COB 2, 3, 5, and
7 in violation of 326 IAC 5-1-2(2)(B)
In accordance with IC
13-30-3-3, the Commissioner herein provides notice that a violations may exist
and offers an opportunity to enter into an Agreed Order providing for the
action required to correct the violations and for the payment of a civil
penalty. The Commissioner is not
required to extend this offer for more than sixty (60) days.
As provided in IC
13-30-3-4, an alleged violator may enter into an Agreed Order without admitting
that the violations occurred. IDEM
encourages settlement by Agreed Order, thereby resulting in quicker correction
of the environmental violations and avoidance of extensive litigation. Timely settlement by Agreed Order may result
in a reduced civil penalty. Also, settlement
discussions will allow the opportunity to present any mitigating factors that
may be relevant to the violations.
If an Agreed Order is not
entered into within sixty (60) days of receipt of this Notice of Violation, the
Commissioner may issue a Notice and Order under IC 13-30-3-4 containing the
actions that must be taken to correct the violations and requiring the payment
of an appropriate civil penalty.
Pursuant to IC 13-30-4-1, the Commissioner may assess penalties of up to
$25,000 per day for each violation.
To discuss this matter further, please contact Mr.
Michael Stonik at (317) 233-0033 within fifteen (15) days after receipt of this
Notice to request a conference. If
settlement is reached, an Agreed Order will be prepared and sent for review and
signature.
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FOR
THE COMMISSIONER: |
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Date: |
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Signed on December 20, 2005 |
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Matthew
T. Klein |
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Assistant
Commissioner for |
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Compliance
and Enforcement |
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cc: |
Rochelle
A. Marceillars, US EPA Region 5 |
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Lake
County Health Department |
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Matthew
T. Klein, Assistant Commissioner |
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Jay
Rodia, Office of Legal Counsel |
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Michael
Stonik, Office of Enforcement |
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Bob
Simmons, Northwest Regional Office |
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Enforcement
File |
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Public
File |
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http://www.in.gov/idem/enforcement/ |
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