EPA v. SHENANGO INCORPORATED

Case summary

THIS CASE INVOLVES VIOLATIONS OF A CONSENT DECREE ENTERED ON AUGUST 23, 1993 (1993 DECREE) IN THE WESTERN DISTRICT OF PENNSYLVANIA (CIVIL ACTION NO. 80-1172) WITH RESPECT TO THE SHENANGO, INC. NEVILLE ISLAND FOUNDARY IN ALLEGHENY COUNTY, PENNSYLVANIA (THE FACILITY ). THE FACILITY IS ENGAGED IN THE PRODUCTION OF FURNACE COKE IN ONE COKE OVEN GAS CONTAINI NG H2S, CS2 AND COS WHICH, WHEN COMBUSTED, RELEASE SO2, A CRITERIA POLLUTANT, TO THE AMBIENT AIR. IN ORDER TO REDUCE THE AMOUNT OF S02 EMITTED TO THE ATMOSPHER, THE FEDERALLY ENFORCEABLE PENNSYLVANIA STATE IMPLEMENTATION PLAN ( SIP ) LIMITS THE TOTAL SULPHUR CONTENT (EXPRESSED AS H2S) IN COKE OVEN GAS PRIOR TO ITS COMBUSTION. THE FEDERAL LAWS AND REGULATIONS APPLICABLE TO THIS ACTION INCLUDE SECTIONS 110 AND 113(B)(2) OF THE ACT U.S.C. SECTION S 7410 AND 7413 AD 7413(B)(2). CIVIL ACTION 80-1172 WAS BROUGHT BY THE UNITED STAES UNDER THE AUTHORITY OF SECTION 113(B)(1) ALLEGING VIOLAITONS BY THE FACILITY OF ARTICLE XX, RULES AD REGULATIONS OF THE ALLEGHENY COUNTY HEALTH DEPARTMENT, AIR POLLUTION CONTROL, (THE ALLEGHENY SIP ), WH ICH WERE ANE ARE PART OF THE FEDERALLY-ENFORCEABLE PENNSYLVANIA STATE IMPLEMENTATION PLAN ( PENNSYLVANIA SIP ) APPROVED BY EPA PURSUANT TO SECTION 110 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7410. THE PRIMARY BASIS FOR THE RQUESTED FILING OF A COMTEMPT MOTION AGAINST SHENANGO SEEKING THE RECOVERY OF STIPULATED P ENALTIES AND ADDITIONAL INJUNCTIVE RELIEF IS SHENANGO'S FAILURE TO COMPLY WITH THE H2S EMISSION LIMITS, H2S MONITORI NG REQUIREMENTS OF THE 1993 DECREE, WHICH WAS ENTERED AFTER EXTENSIVE NEGOTIATIONS IN SETTLEMENT OF TWO PRIOR CONSENT DECREES ENTERED BY THAT COURT WITH RESPECT TO VIOLATIONS OF THE CLEAN AIR ACT AT THE FACILITY.

Defendants (1)

• SHENANGO, INCORPORATEDNamed in complaintNamed in settlement

Facilities (6)

• SHENANGO INC - COKE AND IRON

  200 NEVILLE RD, NEVILLE ISLAND, PA, 15225

  Registry ID: 110060019769

• SHENANGO INC - COKE AND IRON

  200 NEVILLE RD, NEVILLE ISLAND, PA, 15225

  Registry ID: 110060019769

• SHENANGO INC - COKE AND IRON

  200 NEVILLE RD, NEVILLE ISLAND, PA, 15225

  Registry ID: 110060019769

• SHENANGO INC - COKE AND IRON

  200 NEVILLE RD, NEVILLE ISLAND, PA, 15225

  Registry ID: 110060019769

• SHENANGO INC - COKE AND IRON

  200 NEVILLE RD, NEVILLE ISLAND, PA, 15225

  Registry ID: 110060019769

• SHENANGO INC - COKE AND IRON

  200 NEVILLE RD, NEVILLE ISLAND, PA, 15225

  Registry ID: 110060019769

Statutes cited

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

Enforcement conclusions (1)

• U.S. AND COUNTY OF ALLEGHENY V SHENANGO INCORPORATentered 2000-06-26

  Primary law: CAA

  Federal penalty: $1,050,000 · State/local: $1,050,000

Timeline (5 milestones)

• 1998-06-30Referred To Dept Of Justice
• 1998-07-01Enforcement Action Data Entered
• 1999-09-22Complaint Filed With Court
• 2000-03-03Final Order Lodged
• 2000-06-26Final Order Entered