EPA v. NUCOR STEEL - HICKMAN

Case summary

1. SECTION 113(B) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(B). SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). SECTION 325(C) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( EPCRA ), 42 U.S.C. SECTION 11045(C). 2. NUCOR CORPORATION - NUCOR STEEL - HICKMAN PLANT 7301 E. COUNTY ROAD BLYTHEVILLE, MISSISSIPPI COUNTY, ARKANSAS 72315 3. RESPONDENT WAS IN VIOLATION OF SECTION 111 OF THE CAA BY: 1) FAILING TO ESTABLISH THE OPERATING BASELINES REQUIRED AS PART OF THE INITIAL PERFORMANCE TEST REQUIRED BY NSPS AND THE CONTROL EQUIPMENT REQUIREMENT OPERATING PARAMET- ERS THAT BECOME THE INDICATOR OF COMPLIANCE WITH THE O- PACITY STANDARD REQUIREMENTS; AND 2) FAILING TO CHECK AND RECORD THE EAF FURNANCE PRESSURE ON A ONCE-PER-SHIFT BAS- IS AND FAILING TO INSTALL THE MONITORING DEVICE FOR FUR- NANCE PRESSURE IN THE PROPER LOCATION. RESPONDENT WAS IN VIOLATION OF SECTION 110 OF THE CAA BY: 1) FAILING TO COMPLY WITH THE APPLICABLE STANDARDS FOR PREVENTION OF SIGNIFICANT DETERIORATION (PSD). RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY: 1) FAILING TO MAINTAIN AND OPERATE THE FACILITY TO MINIMIZE THE POSSIBILITY OF A FIRE, EXPLOSION, OR ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE OR HAZ- ARDOUS WASTE CONSTITUENTS TO AIR, SOIL, OR SURFACE WATER WHICH COULD THREATENED HUMAN HEALTH OR THE ENVIRONMENT; 2) FAILING TO CLEARLY LABEL OR MARK CONTAINERS AND ABOVE- GROUND TANKS USED TO STORE USED OIL AT GENERATOR FACILI- TIES WITH THE WORDS USED OIL ; 3) FAILING TO CONTAIN RE- LEASED USED OIL, AND CLEAN UP AND MANAGED PROPERLY THE RELEASED USED OIL AFTER THE DETECTION OF A RELEASE OF USED OIL TO THE ENVIRONMENT; AND 4) THE SPILLS OF KO61 CONSTITUTES DISPOSAL WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT WAS IN VIOLATION OF THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA BY: 1) FAILING TO REPORT TOXIC CHEMICALS (PHOSPHORIC ACID AND CHLORINE) FOR THE REPORT- ING YEARS 1994 THROUGH 1996; AND 2) FAILING TO REPORT TOXIC CHEMICAL COMPOUNDS (FOR LEAD, MANGANESE, NICKEL, COPPER, CADMIUM, AND ZINC) FOR THE REPORTING YEARS 1994 THROUGH 1996. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 113(B) OF THE CAA, 3008(A) OF RCRA, AND 325(C) OF EPCRA' EPA SUBMIT THIS DIRECT REFERRAL TO DOJ REQUESTING INITIATION OF A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT SEEKING CIVIL PENALTIES AND INJUNCTIVE RELIEF. THERE ARE SIGNIFICANT PENALTIES ASSOCIATED WITH THE VIOLATIONS AT THE HICKMAN MILL. THE NESS GROUP, WITH DOJ, WILL REVIEW ALL OF THE MULTI-MEDIA VIOLATIONS AT EACH FACILITY AND DEVELOP A METHODOLOGY FOR CALCULATING PENALTIES AT EACH FACILITY IN ORDER TO DEVELOP ONE PENALTY AMOUNT FOR THE NATIONAL AC- TION. PROPOSED INJUNCTIVE RELIEF AT THE HICKMAN MILL IS TO OB- TAIN ADDITIONAL CONTROLS FOR CO, NOX, AND VOC AT THE FA- CILITY AND POTENTIALLY TO UNDERTAKE A CORRECTIVE ACTION UNDER RCRA TO ADDRESS SOIL AND/OR GROUNDWATER AT THE FA- CILITY WHICH MAY BE CONTAMINATED WITH KO61. THE FACILITY MAY ALSO NEED TO ADDRESS THE ISSUE OF SURFACE IMPOUNDMENT AND MEET THE MINIMUM TECHNOLOGY REQUIREMENTS OF SECTION 3004(O) OF RCRA WHICH COULD INVOLVE PERMITTING OR CLO- SURE.

Defendants (1)

• NUCOR STEEL - HICKMANNamed in complaintNamed in settlement

Facilities (5)

• NUCOR YAMATO STEEL CO ARMOREL

  HWY 18, ARMOREL, AR, 72310

  Registry ID: 110000743562

• NUCOR YAMATO STEEL CO ARMOREL

  HWY 18, ARMOREL, AR, 72310

  Registry ID: 110000743562

• NUCOR CORPORATION

  7301 EAST COUNTY ROAD 142, BLYTHEVILLE, AR, 72315

  Registry ID: 110000452180

• NUCOR YAMATO STEEL CO ARMOREL

  HWY 18, ARMOREL, AR, 72310

  Registry ID: 110000743562

• NUCOR CORPORATION

  7301 EAST COUNTY ROAD 142, BLYTHEVILLE, AR, 72315

  Registry ID: 110000452180

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CWA 301 — NPDES Discharge without a Permit
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NUCOR CORPORATIONentered 2001-06-20

  Primary law: CAA

  Federal penalty: $753,846 · State/local: $500,000 · SEP: $785,714

Timeline (7 milestones)

• 1999-09-24Enforcement Action Data Entered
• 1999-09-27Referred To Dept Of Justice
• 2000-12-19Final Order Lodged
• 2000-12-19Complaint Filed With Court
• 2001-06-20Final Order Entered
• 2001-06-20Concluded
• 2005-06-20Enforcement Action Closed