EPA v. US STEEL-BAYTOWN (CIC)

Case summary

NATURE OF CASE: U.S. STEEL OPERATES A MINI-MILL NEAR BAYTOWN, TEXAS. THIS PLANTWAS ONE OF THE STEEL PLANTS COVERED BY A STEEL STRETCHOUT CONSENT DECREE UNDER THE STEEL INDUSTRY COM- PLAINCE EXTENSION ACT, 42 U.S.C. 7413(E). THE CONSENT DECREE WAS ENTERED IN THE SOUTHERN DISTRICT OF TEXAS ON 3/22/83. THE CONSENT DECREE REQUIRED U.S. STEEL TO COMPLY WITH SPECIFIC PARTICULATE EMISSION LIMITATIONS OF THE TEXAS STATE IMPLEMENTATION PLAN. DURING INSPECTIONS OF THE PLANT ON 11/2/83 AND 11/17/83, VIOLATIONS OF THE PARTICULATE EMISSION LIMITATIONS WERE OBSERVED. CAUSE OF ACTION: AMONG OTHER FACILITIES, THE U.S. STEEL PLANT HAS 2 ELEC- TRIC ARC FURNACE (EAF) SHOPS, EACH WITH 2 FURNACES. THE #1 EAF SHOP IS SUBJECT ONLY TO THE STATE IMPLEMENTATION PLAN REQUIREMENTS, WHILE THE #2 SHOP IS ALSO SUBJECT TO FEDERAL NEW SOURCE PERFORMANCE STANDARDS. BOTH SHOPS ARE COVERED BY THE CONSENT DECREE, BUT VIOLATIONS WERE FOUND AT ONLY THE #1 SHOP. DURING AN INSPECTION ON 11/2/83, VISIBLE EMISSIONS EX- CEEDED THE ALLOWABLE OPACITY AT THE STACKS SERVING THE FURNACES, AND VISIBLE EMISSIONS FROM THE ROOF MONITOR WERE CONSIDERED TO BE EXCESSIVE , THE LIMIT APPLICABLE TO THE MONITOR. VISIBLE EMISSIONS FROM THE VENT SERVING THE LIME LOADING BIN ALSO EXCEEDED THE ALLOWABLE OPACITY. THESE VISIBLE EMISSIONS ARE COVERED BY THE CONSENT DECREE. ADDITIONAL VIOLATIONS OF THE LIME VENT WERE OBSERVED DURING AN INSPECTION ON 11/17/83. PROPOSED REMEDY: THE CONSENT DECREE DOES NOT CONTAIN STIPULATED CONTEMPT PENALTIES. THEREFORE, A REQUEST FOR PENALTIES FOR THE NOVEMBER VIOLATIONS SHOULD BE MADE; &25,000 IS CONSIDERED TO BE APPROPRIATE. IN ADDITION, COMPLIANCE WITH THE REGU- LATIONS SHOULD BE ORDERED WITH STIPULATED PENALTIES FOR FUTURE VIOLATIONS.

Defendants (1)

• U S STEEL CORP.Named in complaintNamed in settlement

Facilities (1)

• US STEEL TEXAS WORKS

  FM 1405, BAYTOWN, TX, 77520

  Registry ID: 110000909580

Statutes cited

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

Enforcement conclusions (1)

• USX CORPORATIONentered 1989-03-06

  Primary law: CAA

  Federal penalty: $25,000

Timeline (9 milestones)

• 1984-04-23Referred To Headquarters
• 1984-05-16Returned To Region
• 1984-09-28Rereferred
• 1984-10-26Referred To Dept Of Justice
• 1985-12-30Complaint Filed With Court
• 1989-03-06Final Order Lodged
• 1989-03-06Final Order Entered
• 1989-03-06Concluded
• 1989-03-21Enforcement Action Closed