EPA v. MESABI NUGGET - CONSENT DECREE

Case summary

Mesabi Nugget Delaware, LLC (Mesabi Nugget) is an iron nugget production facility in northeastern Minnesota. Mesabi Nugget is the first of its kind facility that has developed a direct-reduction process to make 97% pure, metallic iron nuggets suited for direct use in electric arc furnaces from iron ore concentrate. Production of nuggets at the Mesabi Nugget plant located near Hoyt Lakes, Minnesota, began in late 2009 with first shipments to Steel Dynamic's Flat Roll division in February 2010. The facility is not currently operating due to market conditions. Mesabi Nugget was permitted to conduct initial performance tests after a designated production level of iron nuggets was achieved. The production level was reached in January 2012, after years of challenges developing this new technology. The results of the initial performance testing showed numerous failed stack tests for several pollutants, including mercury. The consent decree includes the following injunctive relief: (1) use of mercury sorbent trap monitoring unit for continuous emission monitoring; (2) development and use of Preventative Maintenance and Operation Plans for multiple process units; (3) Best Available Control Technology Analysis for multiple pollutants and permit amendment requirements; (4) performance testing requirements for various emission units; and ceasing the operation of a coal pulverizing unit. Mesabi Nugget has agreed to pay a civil penalty of $150,000 for its violations of the CAA ($75,000 to the United States, and $75,000 to the State of Minnesota). The facility's civil penalty is the result of a substantiated inability-to-pay analysis.

Defendants (1)

• MESABI NUGGET LLCNamed in complaintNamed in settlement

Facilities (1)

• MESABI NUGGET DELAWARE LLC

  6500 HIGHWAY 135 N, AURORA, MN, 55705

  Registry ID: 110043801810

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 111 — New Source Performance Standards
• CAA 112D — MACT Standards

Enforcement conclusions (1)

• MESABI NUGGET - CONSENT DECREEentered 2017-06-26

  Primary law: CAA

  Federal penalty: $75,000 · State/local: $75,000

Timeline (5 milestones)

• 2013-08-07Referred To Dept Of Justice
• 2013-09-24Enforcement Action Data Entered
• 2017-05-22Final Order Lodged
• 2017-05-22Complaint Filed With Court
• 2017-06-26Final Order Entered