EPA v. NLMK INDIANA - ACO

Case summary

EPA issued an Administrative Consent Order (ACO) for NLMK Indiana (NLMK), Portage, Indiana, to address violations regarding the requirements of the Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983 (NSPS AAa), set forth at 40 C.F.R. 60.270a et seq., and the requirements of NLMK's Title V permit at its Portage, Indiana facility. Specifically, NLMK exceeded the electric arc furnace shop (EAF Shop) opacity limit of its Title V permit (3% opacity on a six-minute average) and of NSPS AAa (6% opacity on a six-minute average). Additionally, NLMK failed to perform daily opacity readings, failed to perform daily opacity readings in accordance with Method 9, failed to perform daily opacity readings in accordance with Method 9 when the continuous opacity monitor was down, and failed to follow good air pollution control practices by failing to capture 100% of emissions from the EAF as required by NLMK's Title V permit. During negotiations, NLMK undertook several projects to address the alleged violations. On December 31, 2016, NLMK completed installation of a new secondary canopy hood, replacement of the EAF Shop siding, installation of a three-part seal design at the roof-eave interface adjacent to the EAF, and installation of a full partition between the East and West Bays of the EAF Shop. The total cost of these projects was in excess of $4,000,000. On February 20, 2017, NLMK demonstrated compliance with all limits by conducting a performance stack test on the baghouse which controls emissions from the EAF Shop. Additionally, NLMK is required to pay a civil penalty of $375,027 in an accompanying Consent Agreed and Final Order and Administrative Penalty Order to address the past alleged violations. The ACO requires NLMK to conduct inspections of the exterior of the EAF Shop every two weeks during the term of this ACO for any damage, to repair any damage to the exterior of the EAF Shop as soon as possible, and to submit daily Method 9 observations to EPA in light of the violations set forth in NOV/FOVs issued to NLMK on September 18, 2014 and March 27, 2015.

Defendants (1)

• NLMK INDIANANamed in complaintNamed in settlement

Facilities (2)

• NLMK INDIANA

  6500 S BOUNDARY RD, PORTAGE, IN, 46368-1334

  Registry ID: 110000398212

• NLMK INDIANA

  6500 S BOUNDARY RD, PORTAGE, IN, 46368-1334

  Registry ID: 110000398212

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NLMK INDIANA - ACOentered 2017-06-08

  Primary law: CAA

Timeline (2 milestones)

• 2017-06-08Final Order Issued
• 2017-06-12Enforcement Action Data Entered