EPA v. BETHLEHEM STEEL

Case summary

SECTION 113 VIOLATION OF STATE IMPLEMENTATION PLAN REGULA- 3/21 - SECTION 113 CONFERENCE TO BE CONDUCTED. TIONS FOR COKE BATTERIES NOS. 1 & 2. - CHARGING, OFFTAKES, DOORS - UNDERFIRE STACK-EQUIVALENT VISIBLE EMISSION LIMITATION (EVEL) I. SYNOPSIS OF THE CASE BETHLEHEM STEEL CORPORATION ( BETHLEHEM STEEL OR THE CORPORATION ) IS AN INTEGRATED STEEL PRODUCER ENGAGED PRI- MARILY IN THE MANUFACTURE OF STEEL AND STEEL PRODUCTS. COR- PORATE HEADQUARTERS ARE LOCATED IN BETHLEHEM, PENNSYLVANIA. IN 1985, THE CORPORATION HAD GROSS SALES IN EXCESS OF FIVE BILLION DOLLARS, AND A NET WORK JUST UNDER ONE BILLION DOL- LARS. HOWEVER, DUE TO DEPRESSED STEEL PRICES AND WEAK DE- MAND, THE CORPORATION HAS EXPERIENCED NET LOSSES OF $115,600 600,000 FROM JANUARY THROUGH JUNE 1986. THE CORPORATION EM- PLOYS A TOTAL OF 44,500 PERSONS. THE BURNS HARBOR, INDIANA PLANT IS ONE OF FIVE PLANTS WHICH PRODUCE STEEL PRODUCTS. (OTHER STEEL PRODUCTION PLANTS ARE LOCATED AT BETHLEHEM, JOHNSTOWN AND STEELTON, PENNSYLVANIA AND SPARROWS POINT, MARYLAND.) (ATTACHMENT I). THE FIRST STEP IN THE MANUFACTURE OF STEEL AT THE BURNS HARBOR PLANT IS THE PRODUCTION OF COKE FROM COAL. THIS IS DONE BY DESTRUCTIVE DISTILLATION, IN THE ABSENCE OF OXYGEN, IN A CYCLE OF APPROXIMATELY 22 HOURS AT A TEMPERATURE OF APPROXIMATELY 2000 DEGREES F. COKING IS ACCOMPLISHED IN TWO COKE OVEN BATTERIES, EACH CONSISTING OF 82 OVENS IN WHICH BITUMINOUS COAL IS HEATED TO REMOVE VIOLATILE COMPO- NENTS. COKE IS NECESSARY IN THE REDUCTION OF IRON ORE INTO PIG IRON IN A BLAST FURNACE. UNDERFIRING IS A PROCESS OF HEATING COKE OVENS BY BURNING BY-PRODUCT GAS IN CHANBERS ADJACENT TO THE OVENS. IT RESULTS IN FORMATION OF COMBUSTION PRODUCTS WHICH ARE EXHAUSTED TO THE ATMOSPHERE THROUGH THE COMBUSTION OR UN- DERFIRE STACK. DURING COKING, PARTICULATE MATTER AND VOL- ATILE COMPONENTS ESCAPE OVENS THROUGH CRACKS AND FAULTS, AND MIX WITH COMBUSTION PRODUCTS. OPERATION AND MAINTENANCE PROCEDURES, AND PARTICULATE CONTROL EQUIPMENT, ARE THE PRI- MARY METHODS OF CONTROLLING EMISSION OF THESE WASTES FROM UNDERFIRE STACKS. TOTAL SUSPENDED PARTICULATE EMISSIONS ARE MEASURED BY OPACITY. INDIANA HAS ADOPTED THE EQUIVALENT VISIBLE EMISSION LIMITATION IS TWENTY PERCENT (20%) OPACITY. (50 FEDERAL REGISTER 15144, EFFECTIVE MAY 17, 1985). (AT- TACHMENT 2). A NOTICE OF VIOLATION (NOV) WAS ISSUED MARCH 3, 1986 BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) TO THE BURNS HARBOR, INDIANA PLANT. (ATTACHMENT 3). THE NOV CITED, AMONG OTHER VIOLATIONS, EMISSIONS FROM THE NUMBER TWO UNDERFIRE STACK EXCEEDING THE EVEL 20% LIMITA- TION. A CONFERENCE WAS CONDUCTED AT U.S. EPA APRIL 22, 1986 PURSUANT TO SECTION 113 OF THE ACT. BETHLEHEM STEEL PRO- POSED AT THAT CONFERENCE TO CONTROL THE EMISSIONS THROUGH AN IMPROVED OPERATIONS MAINTENANCE (O&M) PROGRAM AT ITS COKE BATTERIES. SINCE THEN, VIOLATIONS OF THE EVEL LIMIT HAVE BEEN OBSERVED ON AT LEAST SIX DATES: 6/11/86, 6/26/86, 7/18/86, 8/29/86, 9/5/86 AND 12/7/86. A SECTION 114 REQUEST WAS ISSUED DECEMBER 29, 1986 TO OBTAIN ANY ADDITIONAL INFOR- MATION IN THE CORPORATION'S POSSESSION CONCERNING THE UNDER- FIRE STACK EMISSIONS. (ATTACHMENT 4). IN VIEW OF THE FAIL- URE OF BETHLEHEM STEEL'S O&M PROGRAM TO ATTAIN COMPLIANCE, LITIGATION IS NECESSARY TO ENSURE FUTURE COMPLIANCE. * * * ADMINISTRATIVE CASE SUMMARY #86-E006 * * * SECTION 113 VIOLATION OF STATE IMPLEMENTATION PLAN REGULA- TIONS FOR COKE BATTERIES NOS. 1 & 2. - CHARGING, OFFTAKES, DOORS - UNDERFIRE STACK-EQUIVALENT VISI

Defendants (1)

• BETHLEHEM STEELNamed 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 113 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BETHLEHEM STEEL CORPORATIONentered 1991-05-17

  Primary law: CAA

  Federal penalty: $600,000

Timeline (9 milestones)

• 1986-12-31Enforcement Action Data Entered
• 1986-12-31Referred To Headquarters
• 1987-02-27Referred To Dept Of Justice
• 1987-08-21Referred TO U.S. Attorney
• 1987-08-31Complaint Filed With Court
• 1991-05-17Concluded
• 1991-05-17Final Order Lodged
• 1991-05-17Final Order Entered
• 1994-05-21Enforcement Action Closed