EPA v. VULCRAFT, INC. / NUCOR CORP.

Case summary

VULCRAFT, WHICH MANUFACTURES STEEL JOISTS USED TO PROVIDE STRUCTURAL SUPPORT IN FLOORING AND/OR ROOFING SYSTEMS, IS LOCATED IN A CLASS II ATTAINMENT AREA. ON FEBRUARY 11, 1993, ADEM CONDUCTED AN UNANNOUNCED INSPECTION OF VULCRAFT. DURING THE INSPECTION, ADEM DETERMINED THAT THE FACILITY, CONSISTING OF DIP TANKS, SPRAY BOOTH, ANDDRYING OVEN, HAD THE POTENTIAL TO EMIT IN EXCESS OF 250 TPY OF VOCS. ADEM FOUND VULCRAFT TO BE IN VIOLATION OF ADEM CODE 335-3-14-.04(8) FOR CONSTRUCTING THE FACILITY WITHOUT FIRST HAVING OBTAINED A PSD PERMIT. ON JUNE 7, 1993, THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM) DEFERRED THE ENFORCEMENT LEAD OF VULCRAFT TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA), REGION IV, ATLANTA, GEORGIA. IN RESPONSE TO A REQUEST FOR INFORMATION, VULCRAFT SUBMITTED INFORMATION TO EPA INDICATING THAT THE FACILITY HAD EXCEEDED THE 250 TPY THRESHOLD IN 1988, 1989, 1990, 1991, AND 1992, WITH THE ACTUAL LEVELS OF VOCS AT 637, 692, 612, 475, AND 510 TPY, RESPECTIVELY. LEGAL AND POLICY CONSIDERATIONS ADEM ISSUED A SYNTHETIC MINOR SOURCE PERMIT TO VULCRAFT ON FEBRUARY 22, 1994. EPA HAS NOT HAD THE OPPURTUNITY TO REVIEW THIS PERMIT YET TO DETERMINE WHETHER OR NOT IT WILL SATISFY VULCRAFT'S NEED FOR AN OPERATING PERMIT. FURTHERMORE, HEADQUARTERS IS PREPARING DRAFT GUIDENCE WHICH SHOULD ADDRESS THE ISSUE OF THE IMPACT OF ISSUANCE OF SUCH A PERMIT ON AN ENFORCEMENT ACTION. EVERY EFFORT WILL BE MADE TO INSURE THAT ANY SETTLEMENT IS CONSISTENT WITH THE ANTICIPATED GUIDENCE AS SOON AS IT BECOMES AVAILABLE. THE EVIDENCE IN THIS CASE SUGGESTS SOME POTENTIAL FOR CRIMINAL PROSECUTION. DESPITE THE FACT THAT VULCRAFT WAS ADVISED BY A COMMUNITY-BASED ADVISORY ORGANIZATION AND TWO HIRED CONSULTANTS THAT IT NEEDED AN AIR PERMIT, IT CHOSE TO IGNORE THE ADVICE AND CONTINUE OPERATING. THE ADVISABILITY OF PURSUING A CRIMINAL ACTION IS CURRENTLY BEING DISCUSSED WITHIN THE REGIONAL CRIMINAL DIVISION. THE CIVIL ACTION WILL BE CARRIED THROUGH IN PARALLEL WITH ANY POSSIBLE CRIMINAL INVESTIGATION IN ACCORDANCE WITH ALL APPLICABLE GUIDANCE ON PARALLEL PROCEEDINGS.

Defendants (2)

• NUCOR CORP.Named in complaintNamed in settlement
• VULCRAFT, INC.Named in complaintNamed in settlement

Facilities (18)

• NUCOR CORPORATION VULCRAFT DIVISION

  7205 GAULT AVENUE NORTH, FORT PAYNE, AL, 35967

  Registry ID: 110000368325

• NUCOR CORPORATION VULCRAFT DIVISION

  7205 GAULT AVENUE NORTH, FORT PAYNE, AL, 35967

  Registry ID: 110000368325

• NUCOR CORPORATION VULCRAFT DIVISION

  7205 GAULT AVENUE NORTH, FORT PAYNE, AL, 35967

  Registry ID: 110000368325

• NUCOR STEEL

  300 STEEL MILL RD., DARLINGTON, SC, 29540

  Registry ID: 110008566845

• NUCOR CORPORATION VULCRAFT DIVISION

  1501 W DARLINGTON ST., FLORENCE, SC, 29501

  Registry ID: 110000353741

• NUCOR STEEL BERKELEY PLT

  1455 HAGEN AVE, HUGER, SC, 29450

  Registry ID: 110000353527

• NUCOR CORPORATION VULCRAFT DIVISION

  7205 GAULT AVENUE NORTH, FORT PAYNE, AL, 35967

  Registry ID: 110000368325

• NUCOR CORPORATION VULCRAFT DIVISION

  1501 W DARLINGTON ST., FLORENCE, SC, 29501

  Registry ID: 110000353741

• NUCOR CORPORATION VULCRAFT DIVISION

  7205 GAULT AVENUE NORTH, FORT PAYNE, AL, 35967

  Registry ID: 110000368325

• NUCOR STEEL BERKELEY PLT

  1455 HAGEN AVE, HUGER, SC, 29450

  Registry ID: 110000353527

• NUCOR CORPORATION VULCRAFT DIVISION

  7205 GAULT AVENUE NORTH, FORT PAYNE, AL, 35967

  Registry ID: 110000368325

• NUCOR STEEL BERKELEY PLT

  1455 HAGEN AVE, HUGER, SC, 29450

  Registry ID: 110000353527

• NUCOR STEEL

  300 STEEL MILL RD., DARLINGTON, SC, 29540

  Registry ID: 110008566845

• NUCOR CORPORATION VULCRAFT DIVISION

  7205 GAULT AVENUE NORTH, FORT PAYNE, AL, 35967

  Registry ID: 110000368325

• NUCOR STEEL

  300 STEEL MILL RD., DARLINGTON, SC, 29540

  Registry ID: 110008566845

• …and 3 more

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CWA 402 — Clean Water Act
• CWA 301 — NPDES Discharge without a Permit
• CAA 111 — New Source Performance Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• VULCRAFT, INC./NUCOR CORP.entered 2001-06-21

  Primary law: CAA

  Federal penalty: $3,130,769 · State/local: $350,000 · SEP: $1,071,428

Timeline (8 milestones)

• 1993-02-11Enforcement Action Data Entered
• 1994-03-31PRN Sent
• 1994-08-01Referred To Dept Of Justice
• 1995-09-05Complaint Filed With Court
• 2000-12-19Final Order Lodged
• 2001-06-21Final Order Entered
• 2001-06-21Concluded
• 2002-06-17Enforcement Action Closed