EPA v. REPUBLIC STEEL (CIC)

Case summary

NATURE OF THE CASE --TECHNICAL BACKGROUND COKE IS BURNED IN THE IRON-MAKING PROCESS (E.G. IN BLAST FURNACES) IN ORDER TO PROVIDE THE HEAT NECESSARY TO CONVERT FROM IRON ORE INTO IRON. COKE ITSELF IS REFINED COAL. THE REFINEMENT PROCESS CONSISTS OF BAKING COAL IN SO-CALLED COKE OVEN BATTERIES TO REMOVE UNWANTED WATER VAPOR AND GASES. THE COKING PROCESS (INCLUDING THE OPERATION OF ASSOCIATED BY- PRODUCTS PLANTS) PRODUCES CERTAIN BY-PRODUCT LIQUID STREAMS KNOWN AS PROCESS WASTEWATER STREAMS. ONE WAY OF DISPOSING OF THESE STREAMS IS TO POUR THEM ON HOT COKE TO COOL IT UPON ITS REMOVAL FROM THE COKE BATTERIES. THE PROCESS OF POURING LIQUID ON HOT COKE IS CALLED QUENCHING. THE TYPE OF QUENCHING JUST DESCRIBED IS KNOWN AS DIRTY WATER QUENCHING AND CREATES AIR POLLUTION PROBLEMS BECAUSE THERE ARE POLLUTANTS ENTRAINED IN THE WASTEWATER STREAMS WHICH ARE RELEASED TO THE AMBIENT AIR WHEN THE QUENCH WATER VAPORIZES ON THE HOT COKE. ONE SOLUTION TO THIS AIR POLLU- TION PROBLEM IS TO USE CLEAN WATER TO QUENCH (EG WATER FROM A NEARBY RIVER). THIS IN TURN RAISES THE QUESTION OF WHAT TO DO WITH THE THEN USELESS WASTEWATER STREAMS. OFTEN THESE STREAMS CANNOT BE DISPOSED OF DIRECTLY INTO PUBLIC WATERWAYS BECAUSE OF CLEAN WATER ACT EFFLUENT LIMITATIONS. WHEN SUCH IS THE CASE, A METHOD FOR TREATING THE STREAMS PRIOR TO DIS- POSAL--E.G. A WASTEWATER TREATMENT PLANT--BECOMES ESSENTIAL. ---CIRCUMSTANCES OF THIS CASE AT THE TIME THE CONSENT DECREE (CD) COVERING REPUBLIC'S YOUNGSTOWN & WARREN FACILITIES WAS NEGOTIATED, REPUBLIC WAS PERFORMING DIRTY WATER QUENCHING AT BOTH FACILITIES. IN THE DECREE, REPUBLIC AGREED TO CONSTRUCT A WASTEWATER TREATMENT PLANT AT ITS WARREN FACILITY AND HAVE IT OPERATIONAL BY 12/31/81. IN THE CD, REPUBLIC COMMITTED TO THEREAFTER TREAT (RATHER THAN USE FOR QUENCHING) ALL PROCESS WASTEWATER STREAMS AT ITS WARREN COKE BATTERY AND THE DIRTIEST WASTE- WATER STREAM (SO-CALLED EXCESS AMMONIA LIQUOR) AT ITS YOUNGSTOWN PLANT. REPUBLIC ADDITIONALLY AGREED TO ACHIEVE A SPECIFIC UPPER LIMIT (1350 MG./1.) ON THE DISSOLVED SOLIDS IN THE WASTEWTR IT DID USE FOR QUENCHING AT YOUNGSTOWN. ONE OTHER FEATURE OF THE ORIGINAL DECREE IS PERTINENT. APPLICABLE CWA REQUIREMENTS WOULD HAVE ALLOWED REPUBLIC TO DIRECTLY DISPOSE OF PROCESS WASTEWATER STREAMS UP UNTIL JULY 1, 1983. REPUBLIC'S AGREEMENT TO TREAT THE WASTEWATER STREAMS BY NO LATER THAN 12/31/81 VIEWED AS A CREDIT FOR A $3.1 MILLION PENALTY OTHERWISE DEEMED DUE & OWING UNDER THE ORIGINAL CIVIL ACTION WHICH THE CD WAS INTENDED TO RESOLVE. THE WASTEWATER TREATMENT PLANT HAS NEVER BEEN BUILT. CAUSE OF ACTION THE REFERRED MOTION SEEKS TO ENFORCE THE JUDGMENT OF THE COURT EMBODIED IN THE DECREE PURSUANT TO THE COURT'S POWER TO ENFORCE ITS OWN ORDERS. PENALTY ASSESSED A PENALTY OF $500,000 WILL BE SPLIT BETWEEN USEPA & THE STAT E OF OHIO TREASURER.

Defendants (1)

• REPUBLIC STEELNamed in complaintNamed in settlement

Facilities (1)

• WCI STEEL INCORPORATED

  1040 PINE AVE. S.E., WARREN, OH, 444836528

  Registry ID: 110000389847

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• REPUBLIC STEEL CORP (LTV)entered 1985-07-31

  Primary law: CAA

  Federal penalty: $2,750,000

Timeline (8 milestones)

• 1983-03-31Referred To Headquarters
• 1983-05-20Referred To Dept Of Justice
• 1983-06-01Referred TO U.S. Attorney
• 1983-06-03Complaint Filed With Court
• 1985-07-31Concluded
• 1985-07-31Enforcement Action Closed
• 1985-07-31Final Order Lodged
• 1985-07-31Final Order Entered