EPA v. NATIONAL STL/GRT LKS CIC

Case summary

BACKGROUND & NATURE OF THE CASE NAT'L STEEL CORP IS A DELAWARE CORP WITH HEADQUARTERS IN PITTSBURGH. NAT'L OWNS & OPERATES A FULLY INTEGRATED IRON & STEEL MILL AT TWO ADJACENT LOCATIONS NEAR DETROIT. PARTS OF THE FACILITY, KNOWN AS GREAT LAKES STEEL, ARE LOCATED AT ECORSE & ZUG ISLAND IN SOURTHERN WAYNE COUNTY, MI. THE FACILITIES ARE LOCATED IN AREAS NOT MEETING THE PRIMARY AMBIENT AIR QUALITY STANDARDS FOR PARTICULATE MATTER. THE COURT ORDER INITIALLY (3/31/81) REQUIRED THAT NAT'L STELL CORP INSTALL POSITIVE POLLUTION CONTROL EQUIPMENT ON EACH OF ITS FOUR BLAST FURNACE CASTHOUSES ON VARYING SCHED- ULES ENDING WITH THE REQUIREMENT TO ACHIEVE AND DEMONSTRATE COMPLIANCE ON 6/30/82, FOR THE FIRST AND 12/31/82, FOR THE LAST. IN ADDITION, THE ORIGINAL ORDER REQUIRED THAT NAT'L STEEL INSTALL HOODING AND GAS CLEANING DEVICES TO CAPTURE & COLLECT SECONDARY EMISSIONS FROM THE #1 & #2 BOF SHOPS BY 10/31/82 AND 11/15/82, RESPECTIVELY. IN LATE 1981 NAT'L STEEL SUBMITTED A SIP REVISION TO THE STATE OF MI WHICH WOULD ELIMINATE THE REQUIREMENTS TO CONTROL SECONDARY EMIS- SIONS FROM THE #2 BOF SHOP, PROVIDE FOR CLOSING THE #1 BOF, AND ELIMINATE THE REQUIREMENTS TO CONTROL BLAST FURNACE CASTHOUSE EMISSIONS. IN LIEU OF THESE REQUIREMENTS, THE REVISION SUBSTITUTED CONTROLS EXCEEDING THE LEVELS REQUIRED BY RACT ON ROADS AND OTHER SOURCES OF FUGITIVE DUST & OVER- CONTROL AT THE ELECTRIC ARC FURNACE SHOP. AT THAT TIME, NAT'L STEEL ASLO CEASED PROGRESS ON THE PROGRAMS REQUIRED BY THE INITIAL COURT ORDER. THIS ACTION PROMPTED A REQUEST FROM REGION V THAT EPA COMMENCE CONTEMPT ACTION AGAINST NAT'L STEEL FOR FAILING TO PROCEED WITH THE REQUIREMENTS OF THE FED COURT ORDER AT ITS GREAT LAKES STEEL PLANT. THAT REQUEST WAS DATED 4/1/82. BEFORE EPA COULD COMMENCE COURT ACTION, REPRESENTATIVES OF NAT'L STEEL ( THE COMPANY ) APPROACHED THE GOV'T AND PROPOSED AN AMENDMENT (ENTERED ON 8/16/82) ON THE CONDITION THAT THE COMPANY AGREE TO PAY PENALTIES IN THE AMOUNT OF $3 MILLION AND AGREE TO CONTROL THE BLAST FURNACE CASTHOUSES IRRESPECTIVE OF THE OUTCOME OF THE RULEMAKING. IN ADDITION, THE CO. WAS GIVEN CREDITS AGAINST PEANLTY CLAIMS FOR OVER-CONTROL AT THE ELECTRIEC ARC FURNACE (WHICH WAS PREVIOUSLY COMMITTED TO SHUTDOWN BY JULY OF 1982) AND FOR ROAD DUST CONTROLS EXCEEDING THE REQUIRE- MENTS OF RACT IN THE EVENT THAT THE SIP REVISION WAS NOT ULTIMATELY APPORVED. A CONDITION OF THE AMENDMENT WAS THAT, IF EPA ACTION ON THE RULEMAKING HAS NOT BEEN COMPLETED BY 12/31/82, NAT'L STEEL WOULD FORFEIT BONDS OF $150,000 PER MONTH TO SETTLE OUTSTANDING GOVERNMENT CLAIMS FOR PENALTIES FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THE ORIGIANL COURT ORDER. IN LATE DECEMBER, IT BECAME APPARENT THAT FEDERAL RULE- MAKING ACTION WOULD NOT OCCUR BY THE 31ST. AS A RESULT, THE GOV'T ENTERED INTO A STIPULATION WITH NAT'L STEEL WHEREBY THE GOV'T AGREED THAT, IF THE RULEMAKING OCCURRED PRIOR TO 4/1/83, THOSE BONDS ORIGIANLLY DUE ON 12/31 WOULD NOT BE FORTEITED. THIS STIPULATION FURTHER PROVIDED THAT, IF RULE- MAKING DID NOT OCCUR, NAT'L STEEL WOULD BE REQUIRED TO PRO- CEED EXPEDITIOUSLY TO CONTROL THE #2 BOF SHOP, FORFEIT BONDS TOTALLING $950,000, AND SUBJECT ITSELF TO CLAIMS FOR ADDITIONAL PENALTIES. CAUSE OF ACTION EPA HAS AUTHORITY TO BRING A CIVIL ACTION AGAINST NATIONAL STEEL CORP UNDER SECTION 113(B)(2) OF THE CLEAN AIR ACT, FOR VIOLATION OF THE CONSENT ORDER. PROPOSED REMEDIES A MOTION ASKING THE COURT TO ENFORCE THE TERMS OF THE JUDGMENT ORDER SHOULD BE FILED SEEKING: 1. INJUNCTIVE RELIEF PREVENTING FURTHER VIOLATIONS AT THE NUMBER 2 BOF SHOP,

Defendants (1)

• NATIONAL STEEL CORP.Named in complaintNamed in settlement

Facilities (3)

• GREAT LAKES STEEL ZUG ISLAND

  ZUG ISLAND DR 2BLKS E OF JEFF, RIVER ROUGE, MI, 48218

  Registry ID: 110010592055

• US STEEL CORPORATION

  1 QUALITY DR., ECORSE, MI, 48229

  Registry ID: 110000497141

• US STEEL CORPORATION

  1 QUALITY DR., ECORSE, MI, 48229

  Registry ID: 110000497141

Statutes cited

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

Enforcement conclusions (1)

• NATIONAL STL/GRT LKS CICentered 1983-07-13

  Primary law: CAA

  Federal penalty: $2,765,000

Timeline (7 milestones)

• 1983-04-01Referred To Dept Of Justice
• 1983-04-12Referred TO U.S. Attorney
• 1983-05-23Complaint Filed With Court
• 1983-07-13Final Order Lodged
• 1983-07-13Final Order Entered
• 1983-07-13Concluded
• 1983-07-13Enforcement Action Closed