Qualitech Steel Corporation (Board decision, February 5, 1997)

Plain-English summary

Qualitech Steel Corporation received a Prevention of Significant Deterioration permit for a mini-mill steel recycling facility in Pittsboro, Indiana. Nine citizens filed petitions challenging the original permit, its amendments, or both, across eleven PSD appeal numbers. Each petitioner withdrew the petition, and Qualitech asked the Environmental Appeals Board to acknowledge the withdrawals and close the files. The Board granted that request and closed every listed appeal, without deciding the merits of the permit challenges.

Decision snapshot

• Cited authorities: None stated in the released order.
• Outcome: The petition withdrawals were granted, and the files for all eleven appeals were closed.
• Key point: The EAB closed the PSD appeals after every petitioner withdrew and no petition remained pending.

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C.

In the Matter of:
) PSD Appeal Nos. 96-12, 15,
Qualitech Steel Corporation 1
17 & 18, 97-
1 through 7
Permit No. 063-6093-00037

ORDER
On October 31, 1996, the Indiana Department of Environmental Management (‘IDEM") issued a Prevention of Significant Deterioration (‘PSD") permit to Qualitech Steel Corporation ("Qualitech") for the construction of a mini-mill steel recycling facility in Pittsboro, Indiana. IDEM amended this PSD permit on December 20, 19'96.
Nine citizens filed petitions to review either.the original October 31 permit, the December 20 amendments thereto, or both. The petitions were filed by: Lois E. Hoffman (PSD Appeal Nos. 96-

12, 97-l), Michael Vaughn and Cindy Boatman (PSD Appeal No. 96-

151, Dixie Harnishfeger (PSD Appeal Nos. 96-17, 97-61, David Hoggatt (PSD Appeal Nos. 96-18, 97-7), Shirley Tate (PSD Appeal No. 97-2), Leona Oliver (PSD Appeal No. 97-31, Nancy Drake (PSD Appeal No. 97-4), and Maria Miller (PSD Appeal No. 97-5).
On February 3, 1997, each of the petitioners named above signed a letter withdrawing his or her petition for review previously filed with this Board. On February 4, 1997, Qualitech submitted copies of these letters to the Board (by facsimile) , with a request that the Board issue an order acknowledging that

the petitions for review have been withdrawn and closing the

files in the above-referenced docket numbers.

Qualitech's request is hereby granted. Each of the nine

petitioners has withdrawn its petition for review of the permit

,and/or the amendments thereto. There are no other petitions

pending in this matter. Accordingly, the file in each of the

above-referenced docket numbers is closed.

So ordered.

ENVIRONMENTAL APPEALS BOARD

By:
Ronald L. McCallum
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order in the matter of Qualitech Steel Corporation, PSD Appeal Nos. 96-12, 15, 17 & 18, 97-l through 97-7, were sent to the following persons in the manner indicated:

First Class Mail,
Eugene H. Bernstein
Postage Prepaid: Barnes & Thornburg
Madison Plaza
200 W. Madison
Suite 2610
Chicago, IL 60606

Melinda Shapiro
Office of Legal Counsel
Indiana Department of Environmental
Management
100 North Senate Ave.
P.O. Box 6015
Indianapolis, IN 46202-6015

Lois E. Hoffman
7750 No. County Rd. 75E
Litzon, IN 46149

Michael'Vaughn
1768 Frontage Rd.
Pittsboro, IN 46167

Cindy Boatman
1768 Frontage Rd.
Pittsboro, IN 46167

Dixie Harnishfeger
P.O. Box 146
Litzon, IN 46149

David Hoggatt
6185 Brookshire Dr.
Pittsboro, IN 46167

Shirley Tate
9375 No. County Rd. 2253
Pittsboro, IN 46167

Leona Oliver
8528 N County Rd. 150 E
Pittsboro, IN 46167

Nancy Drake
492 Karen Dr.
Pittsboro, IN 46167
 2

Maria Miller-
1710 Cardinal Lane
Brownsburg, IN 46112

Dated:
FEB 5 19%
-. -
Mildredfl/ Johnson
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