EPA v. WHEELING PITTSBURGH STEEL CORPORATION

Case summary

THIS REFERRAL PERTAINS TO THE U.S. FILING A MOTION FOR CIVIL CONTEMPT & TO ENFORCE JUDGEMENT W/RESPECT TO CERTAIN VIOLATIONS BY W-P OF THE 1983 AMMENDED CD AT THEIR FOLLANS- BEE, VW SINTER PLANT. THIS PLANT WAS GRANTED STRETCHED COM PLIANCE SCHEDULES IN 1983 UNDER THE SICEA. ON 12/27/84, W-P SUBMITTED TO EPA A SINTER PLANT EMISSION CONTROL PLAN. THIS PLAN WAS ACTUALLY A BUBBLE PROPOSAL, & NOT AN EMISSION CONTROL PLAN REQUIRING THE INSTALLATION OF POSITIVE CONTROLS. EPA BY LETTERS OF 4/23/85 & 8/1/85, IN- FORMED W-P THAT THEIR SUBMISSION WAS INADEQUATE & THAT THE TERMS OF THE CD HAD NOT BEEN MET. ON 4/16/85, W-P FILED FOR PROTECTION UNDER CHAPTER 11 OF BANKRUPTCY CODE. THE UNIONS STRUCK & SETTLED RESPECTIVELY ON 7/21/85 & 10/28/85. W-P ON 7/30/85 & 8/12/85, NOTIFIED EPA THAT THEY COULD NOT MEET CERTAIN COMPLIANCE SCHEDULES DUE TO THE STRIKE & AS A RESULT THEY WERE CLAIMING A FORCE MAJEURE PURSUANT TO PART XXXIX OF AMENDED CD. W-P DID NOT ALLEGE A FORCE MAJEURE W/REGARD TO THE FOLLANSBEE SINTER PLANT. W-P, AS A RESULT OF THEIR INACTION & NONCOMPLIANCE, WILL NOT BE ABLE TO COMPLY W/SINTER PLANT EMISSION LIMITATIONS BY 12/31/85. THE SICEA EXPRESSLY PROHIBITS THE EXTENSION OF CD COMPLIANCE DATES BEYOND 12/31/85.ADDITIONALLY, EPA CAN NOT STAY COMPLIANCE W/THE SINTER PLANT SIP EMISSIONS STANDARD BECAUSE W-P IS ATTEMPTING TO GET A BUBBLE APPROVED BY WV. REG 3 RECOMMENDS THAT STIPULATED & CONTEMPT PENALTIES BE SOUGHT AGAINST W-P. THE AMENDED CD AT PART XXX PROVIDES THAT W-P SHALL OWE AN AMOUNT EQUAL TO THE COST OF POLLUTION CON- TROLS ARE NOT INSTALLED. THE SINTER PLANT POLLUTION CONTROL COSTS AMONT TO 3.5 MILLION. W-P CA AVOID THIS FORFEITURE BY PERMANTLY SHUTTING DOWN THE SINTER PLANT BY 12/31/85. IN ADDITION, REG 3 SEEKS AN ORDER REQUIRING W-P TO CEASE OPERATING THE SINTER PLANT PAST 12/31/85, UNTIL APPROPRIATE POLLUTION CONTROL EQUIPMENT IS INSTALLED. W-P SHOULD ALSO BE REQUIRED TO INSTALL THE EQUIPMENT AS EXPEDITIOUSLY AS POS- SIBLE.

Defendants (1)

• WHEELING-PITTSBURGH STEEL CORPORATIONNamed in complaint

Facilities (8)

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

• WHEELING PITTSBURGH STEEL CORPORATION STEUBENVILLE EAST

  RTE. 2, FOLLANSBEE, WV, 26037

  Registry ID: 110042081939

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Timeline (5 milestones)

• 1985-12-06Referred To Headquarters
• 1985-12-07Referred To Dept Of Justice
• 1986-01-17Complaint Filed With Court
• 1986-01-17Concluded
• 1986-01-17Enforcement Action Closed