22 June 2000 A 3-judge panel of The United States Environmental Appeals Board has ruled on the air pollution permit issued to Steel Dynamics, Inc. by the Indiana Department of Environmental Management.
The 113-page .pdf ’net published decision, www.epa.gov/boarddec/disk11/steeldyn.pdf local copy applies to both federal appeals filed by Citizens Organized Watch, Inc. and Local 166 of the Plumbers & Steamfitters Union in August 1999.
The order cites specific error by the IDEM on three separate issues, and it commands IDEM to prepare a remedy.
• A review of neurotoxic lead has been ordered. The addition or improvement of control equipment is likely to result in a substantial reduction. IDEM’s first permit required no specific control for lead.
• Review of the reheat furnace, which is a large source of nitrogen oxides (NOx), will likely result in totally new pollution control equipment. This will reduce acid rain, reduce ground-level ozone, and reduce the aggravation of asthma.
• Review of the electric arc furnace, which is another large NOx source that also emits substantial poisonous carbon monoxide, will likely result in lower emissions as a result of better permit limits.
COW is pleased with the care and specificity that the judges gave to those points, and COW will work diligently with the IDEM to assure that the cleanest permit is issued by the IDEM the second time.
There is a 10-day window in which the parties may petition the EAB for reconsideration of its decision. There are issues which were denied by the board that COW holds dear. COW volunteers will be working quickly and diligently to evaluate the legal worthiness of asking for reconsideration of one or more issues which the EAB denied in its 22 June 2000 order.
Current status: The current permit is not valid, and construction may not proceed.