EPA v. NLMK - APO/CAFO

Case summary

EPA is issuing a Consent Agreement and Final Order (CAFO) for NLMK Indiana (NLMK), Portage, Indiana, to resolve 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 the 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. As part of an accompanying Administrative Compliance Order (ACO) to address the past alleged violations, NLMK is required to conduct inspections of the exterior of the EAF Shop every two weeks during the term of the 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. This CAFO requires NLMK to pay a penalty of $375,062.00, and resolves NOV/FOV's 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 - APO/CAFOentered 2017-06-14

  Primary law: CAA

  Federal penalty: $375,027

Timeline (5 milestones)

• 2017-06-14Final Order Issued
• 2017-06-14Complaint Filed/Proposed Order
• 2017-06-16Enforcement Action Data Entered
• 2017-07-14Enforcement Action Closed
• 2017-07-14Air Resolved