NOTICE OF VIOLATION
Via Certified Mail# Via Certified Mail#
To: Richard M. Waltrop Jr., President AK Steel Corporation
AK Steel Corporation c/o CT Corporation System, Registered Agent
703 Curtis Street 36 South Pennsylvania Street, Suite 700
Middleton, OH 45043 Indianapolis, IN 46204
Case No. 1999-3573-A
Case No. 2000-3636-A
Case No. 2000-9415-A
Case No. 2000-9417-A
Based on investigation by designated representatives of the Indiana Department of
Environmental Management (IDEM), AK Steel Corporation ("Respondent"), located at 6500
North U. S. 231, in Rockport, Spencer County, Indiana, was in violation of the following
environmental statute(s), rule(s), and/or permit(s):
- Pursuant to permit No. CP-147-6713-00041, operation condition No. 24(a),
particulate matter generated from the continuous galvanizing line Alkaline
Cleaning Baths and Rinse Tanks shall not exceed 0.125 pounds per hour. On
January 19, 1999, AK Steel Corporation conducted compliance testing at the
continuous galvanizing line Alkaline Cleaning Baths and Rinse Tanks. During
this testing, particulate matter emissions measured 0.62 pounds per hour, a
violation of permit No. CP-147-6713-00041, operation condition No. 24(a).
- Pursuant to permit No. CP-147-6713-00041, operation condition No. 24(i),
particulate matter generated from the continuous galvanizing line Chromating
Section shall not exceed 0.037 pounds per hour. On January 19, 1999, AK Steel
Corporation conducted compliance testing at the continuous galvanizing line
chromating section. During this testing, particulate matter emissions measured
0.11 pounds per hour, a violation of permit No. CP-147-6713-00041, operation
condition No. 24(i).
- Pursuant to permit No. CP-147-6713-00041, operation condition No. 30, the total
outlet nitrogen oxide loading from North Boiler No. 1 shall not exceed 0.04
pounds per mmBtu. On May 24, 1999, AK Steel Corporation conducted
compliance testing at the North Boiler No. 1. During this testing, nitrogen oxide
emissions measured 0.06 pounds per mmBtu, a violation of permit No. CP-147-6713-00041, operation condition No. 30.
- Pursuant to permit No. CP-147-6713-00041, operation condition No. 21(c),
nitrogen oxide emissions from the Annealing Furnace, section No. 1, shall not
exceed 2.89 pounds per hour. On February 29, 2000, AK Steel Corporation
conducted compliance testing at the Annealing Furnace, section No. 1. During
this testing, nitrogen oxide emissions measured 4.71 pounds per hour, a violation
of permit No. CP-147-6713-00041, operation condition No. 21(c).
- Pursuant to permit No. CP-147-6713-00041, operation condition No. 21(d),
nitrogen oxide emissions from the Annealing Furnace, section No. 2, shall not
exceed 2.21 pounds per hour. On February 29, 2000, AK Steel Corporation
conducted compliance testing at the Annealing Furnace, section No. 1. During
this testing, nitrogen oxide emissions measured 3.66 pounds per hour, a violation
of permit No. CP-147-6713-00041, operation condition No. 21(d).
- Pursuant to permit No. CP-147-6713-00041, operation condition No. 22(b),
particulate matter generated from the continuous pickling line HCL Pickling
Baths and Rinse Tanks shall not exceed 0.206 pounds per hour. On November 8
and 9, 2000, AK Steel Corporation conducted compliance testing at the
continuous pickling line HCL Pickling Baths and Rinse Tanks. During this
testing, particulate matter emissions measured 0.61 pounds per hour, a violation
of permit No. CP-147-6713-00041, operation condition No. 22(b).
In accordance with IC 13-30-3-3, the Commissioner is required to notify an alleged
violator in writing that a violation may exist and offer an opportunity to enter into an Agreed
Order providing for the actions 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.
Entering into an Agreed Order will prevent the issuance of a Notice and Order of the
Commissioner under IC 13-30-3-4, or the filing of a civil court action under IC 13-14-2-6.
IDEM encourages settlement by Agreed Order, thereby saving time and resources. Timely
settlement by Agreed Order may result in a reduced civil penalty. Settlement discussions will
also allow the opportunity to present any mitigating factors that may be relevant to the violations.
In addition, as provided in IC 13-30-3-3, an alleged violator may enter into an Agreed Order
without admitting that the violation occurred.
If settlement is not reached within sixty (60) days of receipt of this Notice of Violation,
the Commissioner may issue a Notice and Order containing the actions that must be taken to
achieve compliance, the required time frames, and 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 Matthew Stuckey at (317) 233-1134 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.
For the Commissioner:
Date: Signed on 2/15/02
Felicia A. Robinson
Deputy Commissioner
for Legal Affairs
cc: Jean Bauer, US EPA Region 5
Spencer County Health Department
Jay Rodia, Office of Legal Counsel
Matthew Stuckey, Office of Enforcement
Scott Anslinger, Office of Air Quality
Enforcement File
Public File
http://www.in.gov/idem/enforcement/