EPA v. LTV STEEL COMPANY, INC.

Case summary

THIS REFERAL CONCERNS LTV STEEL COMPANY INC'S PITTSBURGH COKE WORKS, LOCATED IN PITTSBURGH, ALLEGHENY COUNTY, PA. THE FACILITY, INCLUDING SHUT-DOWN STEEL-MAKING OPERATIONS, COVERS APPROX 318 ACRES OF LAND ON THE NORTH AND SOUTH BANKS OF THE MONONGAHELA RIVER. THE PITTSBURGH WORKS OPERATES FIVE COKE OVEN BATTERIES IDENTIFIED AS P-1,P-2, P-3N, P-3S, AND P-4; A COKE OVER GAS DESULFURIZATION PLANT, AND SEVERAL BOILER UNITS USED FOR COGENERATION OF ELECTRIC POSER FOR THE FACILITY. COKE PRODUCED AT THE PITTSBURGH WORKS IS USED BY LTV STEEL AT ITS STEEL MAKING OPERATIONS. LTV STEEL IS A SUBSIDIARY OF LTV CORPORATION AND IS PRIMATILY ENGAGED IN THE PRODUCTION OF STEEL. LTV STEEL OPERATES SEVERAL FACILITIES INCLUDING TWO STEEL MILLS PRODUC ING FLAT-ROLLED STEEL PRODUCTS, THREE COKE WORKS, A TIN MILL ANDFINISHING OPERATIONS. LTV STEEL ALSO OWNS ALL OF THE CAP ITAL STOCK OF SIX TERMINAL SWITCHING RAILRIAD COMPANIES, AS WELL AS SEVERAL SUBSIDIARY SHIPPING COMPANIESWHICH HANDLE SHIPPING SERVICES AT LTV STEEL'S STEEL PLANTS. FINALLY, LTV STEEL OWNS A MINING COMPANY WHICH OPERATES AN IRON PELLET OPERATION. THIS CASE CONCERNS VIOLATIONS BY LTV STEEL, AT ITS PITTSBURGH FACILITY, OF ALLEGHENY COUNTY HEALTH DEPARTMENT RULES AND REGULATIONS, ARTICLE XX, SECTION 520, WHICH IS PART OF THE FEDERALLY APPROVED AND ENFORCEABLE PENNSYLVANIA STATE IMPLEMENTATION PLAN. SECTION 520 REGULATES EMISSION OF CRITERIA POLLUTANTS FROM COKE OVEN BATTERIES.THE PARTICULAR PROOVISIONS OF SECTION 520 THAT ARE THE SUBJECT OF THIS REFERAL ARE SECTION 520.F AND G, WHICH ESTABLISH LIMITS FOR PARTICULATE (PM-10_ EMISSIONS FROM PUSHING OPERATIONS AND COMBUSTION STACKS. EPA HAS DOCUMENTED VIOLATIONS OF THESE PROVISIONS DATING FROM EPA INSPECTIONS CONDUCTED ON OCTOBER 10 AND 16, NOVEMBER 19 AND 20, AND DECEMBER 11, 1996 AND ON JUNE 10, 197. BASED ON THESE INSPECTIONS, AND ON INFORMATION SUBMITTED BY LTV IN RESPONSE TO A CLEAN AIR ACT SECTION 114 INFORMATION REQUEST, EPA BELIEVES THE VIOLATIONS ARE CON- TINUING IN NATURE. ON JULY 14, 1997, DURING A CONFERENCE REQUESTED BY LTV TO DISCUSS THE COMPLIANCE STATUS OF THE FACILITY, LTV ANNOUNCED TO EPA AND LTV THAT IT INTENDED TO SHUT DOWN THE PITTSBURGH WORKS BY THE END OF 1997. PRESS CLIPPINGS REGARDING THE ANNOUNCED SHUT-DOWN ARE ATTACHED AS EXHIBIT 12. DURING THE MEETING, EPA AND ACHD REPRESENTATIVES EXPRESSED THEIR WILINGNESS TO WORK COOPERATIVELY WITH THE CO MPANY TO HELP THEM TO BRING THE FACILITY INTO COMPLIANCE WITH THE SIP. BY THIS REFERRAL, EPA REQUESTS DOJ TO FILE A COMPLIANT SEEK- ING TO ENJOIN LTV STEEL FROM ANY FURTHER VIOLATION OF THE ALLEGHENY COUNTUY SIP, REQUIRE ACTIONS, SPECIFIED HEREIN, TO ACHIEVE AND MAINTAIN COMPLIANCE, AND ASSESS CIVIL PENALTIES AGAINST LTV STTL TO ACCOUNT FOR THE ECONOMIC BENEFIT AND GRAVITY OF LTV STEEL'S VIOLATIONS OF THE SIP. GIVEN THE RECENTLY ANNOUNCED SHUTDOWN, EPA WISHES TO MOVE FORWARD AS EXPEDITIOUSLY AS PRACTICABLE TO NEGOTIATE A SETTLEMENT OF THE OUTSTANDING VIOLATIONS. THIS WILL ENSURE THAT PENALTIES WILL BE ASSESSED FOR PAST VIOLATIONS AS PROMPTLY AS POSSIBLE AND WILL ESTABLISH INJUNCTIVE MEASURES WHICH WILL PREVENT THE COMPANY FROM OPERATING THE BATTERIES DURING THE FINAL MONTHS OF THE FACILITIES LIFE IN A MANNEER THAT MAXIMIZES PRODUCTION AT THE EXPENSE OF ENVIRONMENTAL COMPLIANCE.

Defendants (1)

• LTV STEEL COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• LTV STEEL COMPANY INCORPORATED PITTSBURGH WORKS

  4650 2ND AVENUE, PITTSBURGH, PA, 15207

  Registry ID: 110000329546

Statutes cited

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

Enforcement conclusions (1)

• LTV Steel Company, Incentered 2002-07-09

  Primary law: CAA

  Federal penalty: $3,450,000

Timeline (6 milestones)

• 1997-08-18Referred To Dept Of Justice
• 1997-09-05Enforcement Action Data Entered
• 1998-03-25Complaint Filed With Court
• 2002-07-09Final Order Entered
• 2002-07-09Final Order Lodged
• 2003-03-27Enforcement Action Closed