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05-1978-0053JudicialClosedFY 1978· Region 05

EPA v. BETHLEHEM STEEL CORP.

Litigated No Penalty

Case summary

NATURE OF THE CASE: TWO COKE OVEN BATTERIES, A BASIC OXYGEN FURNACE SHOP & 2 BLAST FURNACES HAVE BEEN CITED FOR OPACITY & MASS EMISSION VIOL'S UNDER SEC 113 OF THE CAA THESE FACILITIES ARE LOCATED IN A NONATTAINMENT AREA FOR PARTICULATES (AREA IS UNDESIGNATED). CAUSE OF ACTION: THE IRON & STEEL MAKING PROCESSES WERE CITED IN NOVS AS IN VIOL OF THE OPACITY & MASS EMISSION REG'S UNDER THE STATE IMPLEMENTATION PLAN. NUMEROUS READINGS TAKEN AT THE PLANT INDICATE CONTINUING VIOL'S OVER MORE THAN A THREE YR PERIOD. PROPOSED REMEDY: EPA IS SEEKING INJUNCTIVE RELIEF & CIVIL PLTY'S OF $25K PER DAY OF VIOL. CONTROL TECH EXISTS FOR POLLUTION ABATEMENT. EPA IS SEEKING INSTALLATION OF THIS CONTROL TECHNOLOGY. NATIONALLY SIGNIFICANT ISSUES: THE OPACITY REGULATION IN THE FED SIP WAS VIEWED BY BETHLEHEM AS AN INVALID REGULATION. HOWEVER, THE 7TH CIR RECENTLY UPHELD THE VALIDITY OF THE REGULATION. LEAD ATTY:PETER KELLY

Defendants (1)

  • BETHLEHEM STEEL CORPNamed in complaintNamed in settlement

Facilities (4)

  • BETHLEHEM STEEL CORPORATION BURNS HARBOR DIVISION

    US ROUTE 12 AND SR 149, BURNS HARBOR, IN, 46304

    Registry ID: 110000607558

  • BETHLEHEM STEEL CORPORATION BURNS HARBOR DIVISION

    US ROUTE 12 AND SR 149, BURNS HARBOR, IN, 46304

    Registry ID: 110000607558

  • BETHLEHEM STEEL CORPORATION BURNS HARBOR DIVISION

    US ROUTE 12 AND SR 149, BURNS HARBOR, IN, 46304

    Registry ID: 110000607558

  • BETHLEHEM STEEL CORPORATION BURNS HARBOR DIVISION

    US ROUTE 12 AND SR 149, BURNS HARBOR, IN, 46304

    Registry ID: 110000607558

Statutes cited

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

Enforcement conclusions (1)

  • BETHLEHEM STEEL CORPORATIONentered 1985-02-12

    Primary law: CAA

Timeline (8 milestones)

  • 1978-06-20Referred To Headquarters
  • 1978-08-09Referred To Dept Of Justice
  • 1978-12-07Referred TO U.S. Attorney
  • 1978-12-20Complaint Filed With Court
  • 1985-02-12Concluded
  • 1985-02-12Enforcement Action Closed
  • 1985-02-12Final Order Lodged
  • 1985-02-12Final Order Entered

Case metadata

EPA activity ID
24937
Case number
05-1978-0053
Lead agency
EPA
HQ division
AIR
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1978-0053 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.