EPA v. WEIRTON STEEL CORP.

Case summary

UNTIL 7/7/85, WSC WAS OPERATING UNDER A REVISED CD ENTER- ED INTO BETWEEN THE EPA, STATE OF WV & THE PREVIOUS OWNER OF THE FACILITY, NATIONAL STEEL CORP., WHICH INTER ALIA, IN- CLUDED A BUBBLE , ALLOWING WSC TO OPERATE CERTAIN EMISSION SOURCES AT THE FACILITY W/OUT INSTALLING ADDITIONAL POLLU- TION CONTROL TECHNOLOGY, IN EXCHANGE FOR THE OPERATION & MAINTENANCE OF A ROAD DUST CONTROL PROGRAM. BOTH REVISED CD & THE BUBBLE EXPIRED TO 7/7/85. WSC HAS REQUESTED THAT THE BUBBLE BE EXTENTENDED FOR AN ADDITIONAL 3 YEAR PERIOD. THE STATE OF WV HAS GRANTED WSC A 3 YEAR EXTENSION & HAS RE- QUESTED THAT THE WV SIP BE REVISED BY EPA TO INCLUDE THIS BUBBLE. HOWEVER, EPA HAS DETERMINED, BASED ON INFO FROM VAR- IOUS EMISSION MONITORS LOCATED BOTH ON & OFF THE FACILITY, THAT THE BUBBLE DOES NOT ACHIEVE COMPLIANCE W/THE PRIMARY NATIONAL AMBIENT AIR QUALITY STANDARD FOR PARTICULATE MAT- TER. ALTHOUGH EPA HAS TAKEN NO FORMAL ACTION TO DENY THE WV AIR POLLUTION CONTROL COMMISION & WSC THAT THE BUBBLE IS NOT APPROVABLE. EPA PLANS TO TAKE FORMAL ACTION TO DENY THE BUB- BLE IN THE NEAR FUTURE. SINCE 7/85 EPA HAS CONDUCTED SEVERAL INSPECTIONS AT THE WSC FACILITY TO DETERMINE COMPLIANCE W/THE WV SIP REGS FOR VISIBLE EMISSIONS OF PARTICULATE MATTER. VIOLATIONS OF THE REGS HAVE BEEN RECORDED AT THE NO. 1 & 3 BLAST FURNACE CAST HOUSES, BASIC OXYGEN FURNACE (BOF) SHOP SCRUBBER STACK, SCARFER STACK, NO. 2 SINTER WIND BOX STACK, BOF SHOP ROOF MONITOR & AT VARIOUS BOILER STACKS. ON 9/23/85 & 4/17/86 EPA ISSUED NOVS TO WSC FOR THE OBSERVED VIOLATIONS. THROUGH SUB- SEQUENT INSPECTIONS, EPA HAS DOCUMENTED THAT CERTAIN OF THESE VIOLATIONS HAVE CONTINUED FOR MORE THAN 30 DAYS FROM WSC'S RECEIPT OF THE NOVS. BOTH EPA & THE WVAPCC HAVE MET W/ WSC TO DISCUSS THE VIOLATIONS & THE RESOLUTION OF THIS MAT- TER. INITIALLY, IT APPEARED THAT THE CASE MIGHT BE RESOLVED AT THE STATE LEVEL, VIA A CONSENT ORDER BETWEEN WVAPCC & WSC. EPA ADVISED THE PARTIES OF THE ELEMENTS IT CONSIDERS NECESSARY TO COMPRISE AN ADEQUATE STATE ACTION. HOWEVER, DE- SPITE THE PASSAGE OF CONSIDERABLE TIME & PROTRACTED NEGOTIA- TIONS, THE STATE HAS NOT BEEN ABLE TO NEGOTIATE A CONSENT ORDER WHICH REPRESENTS AN ADEQUATE RESOLUTION OF THE VIOLA- TIONS. EPA INSPECTIONS OF THE WSC FACILITY HAVE DOCUMENTED CON- TINUING VIOLATIONS OF THE EMISSIONS LIMITATIONS FOR PARTICU- LATE MATTER AT VARIOUS EMISSIONS SOURCES AT THE WSC FACIL- ITY. RECOMMENDED CIVIL LITIGATION IS AUTHORIZED BY SEC 113A(1) & (B) OF THE CAA, 42 USC SEC 7413(A)(1) & (B). BASED UPON THE EXISTENCE OF CONTINUING VIOLATIONS OF APPLICABLE REQUIREMENTS OF THE WV SIP. THE U.S. SHOULD SEEK APPROPRIATE INJUNCTIVE & CIVIL PENALTY RELIEF FOR THE VIOLATIONS, WHICH SHOULD INCLUDE REQUIREMENTS FOR BOTH UTILIZATION OF & IM- PROVED OPERATION & MAINTENANCE OF EXISTING EMISSIONS CONTROL AS WELL AS REQUIREMENTS FOR IMPROVED & ADDITIONAL EMISSION CONTROL PRACTICES, TECHNIQUES & EQUIPMENT.

Defendants (1)

• WEIRTON STEEL CORP.Named in complaint

Facilities (6)

• MITTAL STEEL USA WEIRTON, INC

  400 THREE SPRINGS DRIVE, WEIRTON, WV, 26062

  Registry ID: 110000492618

• MITTAL STEEL USA WEIRTON, INC

  400 THREE SPRINGS DRIVE, WEIRTON, WV, 26062

  Registry ID: 110000492618

• MITTAL STEEL USA WEIRTON, INC

  400 THREE SPRINGS DRIVE, WEIRTON, WV, 26062

  Registry ID: 110000492618

• MITTAL STEEL USA WEIRTON, INC

  400 THREE SPRINGS DRIVE, WEIRTON, WV, 26062

  Registry ID: 110000492618

• MITTAL STEEL USA WEIRTON, INC

  400 THREE SPRINGS DRIVE, WEIRTON, WV, 26062

  Registry ID: 110000492618

• MITTAL STEEL USA WEIRTON, INC

  400 THREE SPRINGS DRIVE, WEIRTON, WV, 26062

  Registry ID: 110000492618

Statutes cited

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

Timeline (6 milestones)

• 1986-09-30Referred To Headquarters
• 1986-10-21Referred To Dept Of Justice
• 1986-10-28Referred TO U.S. Attorney
• 1986-11-19Complaint Filed With Court
• 1987-10-13Concluded
• 1987-10-13Enforcement Action Closed