Link to original WordPerfect Document here

    

    

NOTICE OF VIOLATION
            
    
Via Certified Mail# _______________        Via Federal Express #_______________

To:    C. T. Corporations System            David Sulc, Environmental Engineer
    Registered Agent for Nucor Steel        Nucor Steel
    Division of Nucor Corporation         Division of Nucor Corporation
    One North Capitol                Route 2, Box 311
    Indianapolis, IN 46204            Crawfordsville, IN 47933-9450
    

Case No. 2000-8861-A

    Based on investigation by designated representatives of the Indiana Department of Environmental Management (IDEM) on January 7, 2000, Nucor Steel ("Nucor"), located on Route 2, in Crawfordsville, Indiana, was in violation of the following environmental statute(s), rule(s), and/or permit(s):

    A.    Pursuant to operation condition No. 11 of Construction Permit No. 107-3702, the gas-fired burners added to the existing radiant section of the galvanizing line, as part of a permitted modification, shall be low NOx, designed to emit no more than 90 pounds of NOx per million cubic feet of gas burned. In April 1995, Nucor installed twenty (20) 0.281 mmBtu/hour gas-fired burners which have a design capacity of approximately 415 pounds of NOx per million cubic feet of gas burned, a violation of this permit condition.

          Pursuant to 326 IAC 2-1-3, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain a construction permit prior to commencing construction. In April 1995, Nucor installed twenty (20) 1.41 mmBtu per hour gas-fired burners to the existing preheat section of the galvanizing line without first applying for and obtaining a construction permit, a violation of 326 IAC 2-1-3.

         Pursuant to 326 IAC 2-1-4, a source or facility which has allowable emissions of twenty-five (25) tons or more per year of any regulated pollutant shall apply for and obtain an operating permit prior to commencing operation. In May 1995, Nucor began operating the twenty (20) 1.41 mmBtu/hour gas-fired burners added to the existing preheat section of the galvanizing line, without first applying for and obtaining an operating permit, a violation of 326 IAC 2-1-4.

    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.

     Please contact Matthew Stuckey at (317) 233-1134 within fifteen (15) days after receipt of this Notice regarding your intent to settle this matter. If you are willing to resolve this matter as provided for in the enclosed Agreed Order, please sign and return it to the Office of Enforcement at the above address within the sixty (60) day settlement period.
    

                            For the Commissioner:

Date:    _______________                _Signed on 1/28/00_________
                            Felicia A. Robinson
                            Assistant Commissioner
                            Office of Enforcement

cc:    Jean Bauer, US EPA Region 5
    Howard Caine, US EPA Region 5
    David Mucha, US EPA Region 5
    Montgomery County Health Department
    Jay Rodia, Office of Legal Counsel
    Matthew Stuckey, Office of Enforcement
    Richard Sekula, Office of Air Management
    Enforcement File
    OAM Public File

Converted by Andrew Scriven