EPA v. AK STEEL CORPORATION

Case summary

THERE ARE VIOLATIONS OF THREE ENVIRONMENTAL STATUES: RCRA A. OWNING AND OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT OR INTERIM STATUS: RCRA SECTION 3005(A), 42 U.S.C. SECTION 6925(A), REQUIRES PERSONS OWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTE TO OBTAIN A PERMIT. HOWEVER GNERATORS OF HAZARDOUS WASTE MAY ACCUMULATE HAZARDOUS WASTE ON-SITE FOR 90 DAYS FOR LESS WITHOUT A PERMIT OR INTERIM STATUS PROVIDED THAT THE GENERATOR COMPLIES WITH CERTAIN PROVISIONS OF RCRA SET FORTH IN 40 C.F.R. SECTION 262.34(A) AND 25 PA. CODE SECTION 75.262(G). DUE TO CERTAIN ACTS OR OMISSIONS, AK STEEL, AT THE TIME OF EPA'S INSPECTION, FAILED TO QUALIFY FOR THE PERMIT EXEMPTION PROVIDED UNDER 40 C.F.R. SECTION 262.34(A) AND 25 PA CODE SECTION 75.262(G) FOR STORAGE OF HAZARDOUS WASTE. NAMELY, AK STEEL DID NOT CONDUCT DAILY INSPECTIONS OF ITS STORAGE TANKS, AND FAILED TO TRAIN THE EMPLOYEES TASKED WITH THE RESPONSIBILITY FOR COMPLIANCE WITH REGULATIONS PROMULGATED UNDER RCRA. B. OPERATING A DISPOSAL FACILITY WITHOUT A PERMIT: RCRA SECTION 3005(A), 42 U.S.C. SECTION 6925(A) REQUIRES A PERSON TO OBTAIN A PERMIT PRIOR TO OPERATING A DISPOSAL FACILITY FOR HAZARDOUS WASTE. EPA INSPECTORS OBSERVED THE LISTED HAZARDOUS WASTE, K061, COATING THE GROUND AT THE BUTLER WORKS SURROUNDING BAGHOUSE NUMBER THREE WHERE THE BULK (1,000 TONS PER MONTH) OF THE K061 GENERATED DURING AK STEEL'S MANUFATURING PROCESS IS CAPTURED PENDING REMOVAL. AK STEEL DID NOT HAVE A PERMIT TO DISPOSE K061 BY SPILLING IT ON THE SOIL SURROUNDING BAGHOUSE NUMBER THREE. C. IMPROPER LAND DISPOSAL OF UNTREATED HAZARDOUS WASTE: SECTION 3004 OF RCRA, 42 U.S.C. SECTION 6924 AND 40 C.F.R. PART 268 PROHIBITS LAND DISPOSAL OF HAZARDOUS WASTES EXCEPT UNDER VERY LIMITED CIRCUMSTANCES. 40 C.F.R. PART 268 IDENTIFIES THOSE HAZARDOUS WASTE THAT ARE RESTRICTED FROM LAND DISPOSAL AND SETS FORTH CIRCUMSTANCES UNDER WHICH AN OTHERWISE PROHIBITED WASTE MAY BE LAND DISPOSED. THE LISTED HAZARDOUS WASTE, K061, MAY ONLY BE LAND DISPOSED IF IT IS TREATED IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN THE TABLE CONTAINED IN 40 C.F.R. SECTION 268.40. DURING THE INSPECTION, EPA DID NOT OBSERVE ANY MEANS TO TREAT K061 AS REQUIRED UNDER 40 C.F.R. SECTION 268.40 AT THE BUTLER WORKS. IN ADDITION, THE K061 GENERATED BY THE BUTLER WORKS IS TRANSPORTED, TWICE A DAY, TO ANOTHER FACILITY FOR TREATMENT, I.E., LEAD AND ZINC RECOVERY. CAA SECTION 608 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7671G AND THE IMPLEMENTING REGULATIONS PROMULGATED FOR THE PROTECTION OF STRATOSPHERIC OZONE AT 40 C.F.R. PART 82, SUBPART F, REQUIRE AN OWNER OR OPERATOR OF INDUSTRIAL PROCESS REFRIGERATION EQUIPMENT CONTAINING MORE THAN 50 POUNDS OF REFRIGERANT (CLASS I AND II SUBSTANCE) TO REPAIR LEAKS IF THE APPLICANCE IS LEAKING AT A RATE SUCH THAT THE LOSS OF REFRIGERANT WILL EXCEED 35 PERCENT OF THE TOTAL CHARGE DURING A 12-MONTH PERIOD. ALSO, AFTER THE OWNER OR OPERATOR REPAIRS A LEAK IT MUST CONDUCT INITIAL AND FOLLOW- UP VERIFICATION TESTS, NOTIFY EPA OF ANY FAILED FOLLOW-UP TESTS, AND DEVELOP A PLAN IF REPAIRS WERE NOT SUCCESSFUL. AK STEEL HAS OPERATED TWELVE SEPARATE INDUSTRIAL PROCESS REFRIGERATION APPLICANCES THAT CONTAIN MORE THAN 50 POUNDS OF R-12, A CLASS I SUBSTANCE OR R-22, A CLASS II SUBSTANCE, AT ITS FACILITY WITHOUT REPAIRING EQUIPMENT THAT HAS A 35 PERCENT ANNUALIZED LEAK RATE. ALSO, INITIAL AND FOLLOW-UP VERIFICATION TESTS WERE NOT CONDUCTED, EPA WAS NOT NOTIFIED OF ANY FAILED FOLLOW-UP TESTS, AND NO PLANS WERE DEVELOPED WHEN REPAIRS WERE NOT SUCCESSFUL. CWA

Defendants (1)

• AK STEEL CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• AK STEEL CORP

  ONE ARMCO DRIVE, BUTLER, PA, 16003

  Registry ID: 110070828184

Statutes cited

• RCRA 3004VU — TSD Corrective Action
• CWA 301 — NPDES Discharge without a Permit
• CAA 608 — National Recycling & Emission Reduction Program
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• AK STEEL CORPORATIONentered 2005-01-31

  Primary law: RCRA

  Federal penalty: $300,000 · SEP: $900,000

Timeline (7 milestones)

• 2001-10-24Referred To Dept Of Justice
• 2001-10-26Enforcement Action Data Entered
• 2004-12-02Complaint Filed With Court
• 2004-12-02Final Order Lodged
• 2005-01-31Concluded
• 2005-01-31Final Order Entered
• 2007-05-15Enforcement Action Closed