Qualitech Steel Corporation

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the petitions for review have been withdrawn and closing the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
SeckrGtary