EPA v. EMPIRE IRON MINING PARTNERSHIP - CONSENT DECREE

Case summary

Empire Iron Mining Partnership (Empire) is a taconite iron ore mine and processing plant in Michigan that produces iron pellets for use in integrated steel mills. The company is operated by Cliffs Natural Resources. The facility's operations include mining, crushing, and pulverizing taconite ores to create a concentrate that is then dried, pelletized into balls, and sent into high-temperature indurating furnaces to harden before being transported to integrated steel mills. Tilden is subject to the National Emissions Standards for Hazardous Air Pollutants: Taconite and Iron Ore Processing, at 40 C.F.R. Part 63, Subpart RRRRR (Taconite MACT). The main pollutant of concern is particulate matter (PM). Empire had several violations of its parametric monitoring limits (pressure drop and water flow rate) required to demonstrate compliance with the Taconite MACT limits. Additionally, Empire exceeded opacity limits contained in the Michigan State Implementation Plan (SIP). Empire's mine and processing plant have been in shutdown status since August 2016. When and if Empire restarts operations, the consent decree provides for the following injunctive relief: (1) semi-annual reporting of all pressure drop and/or water flow rate deviations at of the Facility's wet scrubbers and corrective actions taken, and (2) performance of a review of Continuous Opacity Monitoring (COMs) data at the Facility's indurating furnace electrostatic precipitators (ESPs), for visible emissions above 20% opacity on a six-minute average, and a description of the corrective actions taken by the Facility to address the excess opacity. The consent decree provides for a civil penalty of $75,000.

Defendants (1)

• EMPIRE IRON MINING PARTNERSHIPNamed in complaintNamed in settlement

Facilities (1)

• EMPIRE IRON MINING PARTNERSHIP

  PO BOX 2000, ISHPEMING, MI, 49849

  Registry ID: 110038173437

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112 — Hazardous Air Pollutants
• CAA 112D — MACT Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• EMPIRE IRON MINING PARTNERSHIP - CONSENT DECREEentered 2019-09-04

  Primary law: CAA

  Federal penalty: $75,000

Timeline (5 milestones)

• 2014-09-22Referred To Dept Of Justice
• 2014-09-25Enforcement Action Data Entered
• 2019-05-10Final Order Lodged
• 2019-05-10Complaint Filed With Court
• 2019-09-04Final Order Entered