EPA v. IPSCO STEEL INC.

Case summary

In February 2001, IPSCO Steel, Inc. (Respondent) notified EPA that it had possible noncompliance with CAA reporting and permitting, CWA (SPCC plan), and RCRA labeling, training, contingency plan, universal waste, and used oil requirements. EPA determined that some of the RCRA violations were similar to those subject to a Notice of Violation (NOV) issued by Region 7 in March 1998 and, therefore, did not qualify for penalty reduction under the Audit Policy (A/P). Also, one CAA violation was not independently discovered as it was revealed through a recent state inspection, and, therefore, did not qualify for penalty relief under the A/P. CWA Violation Respondent disclosed that its Spill Prevention Control and Countermeasure (SPCC) plan was inadequate. Although required controls were in place, the plan did not include all of the guidelines codified at 40 C.F.R. �� 112.7 CAA Violations Respondent disclosed that it had failed to record furnace pressure, fan amps, and damper positions on a once-per-shift basis. The NSPS for EAFs, 40 C.F.R. Part 60, subpart AAa, requires that furnace pressure, fan amps, and damper positions be checked and recorded on a once-per-shift basis. The failure to record these readings during separate shifts is a violation of 40 C.F.R. �� 60.274a(b) and CAA section 111, 42 U.S.C. �� 7411. Respondent disclosed that it failed to maintain a logbook resulting in violations of requirements in its PSD permit no. 94-A-561-S1 to 1) maintain records of startup, shutdown, and malfunction of its two coiling reheat furnaces; 2) monitor the inlet combustion air temperature and furnace combustion chamber temperature and record any times that the temperature exceeds 2100oF; and 3) monitor percent of excess air supplied to the burners and record times when excess air exceeds 10 percent. Respondent disclosed that it failed to use emulsion for dust suppression on the slag-haul road in violation of its PSD permit no. 94-A-555-S1. IPSCO's outside contractor, Heckett Multiserve, used water rather than emulsion. Respondent has certified that it now has complied with its NSPS and PSD permit requirements and are in compliance with the CAA ��110, 42 U.S.C. ��7410, and the applicable SIP requirements at these sites. RCRA Violations Respondent disclosed that three rolloff boxes containing hazardous waste K061 and a 55-gallon drum of spent ethyl acetate were not properly labeled. IPSCO did not properly label rolloff boxes and drum with the words Hazardous Wastes and the date accumulation commenced, as required by 40 C.F.R. �� 262.34(a). IPSCO disclosed that its RCRA contingency plan did not identify specifically the location of emergency response and communication equipment in the areas surrounding the emission control baghouse and other areas where hazardous materials are managed, as required by 40 C.F.R. �� 262.34(a), which incorporates by reference 40 C.F.R. �� 265.52(e). Respondent disclosed that its RCRA training records were deficient. The records did not include a written job title and description for each position that involves hazardous wastes and the names of those filling each position. Although this information is available at the plant, 40 C.F.R. �� 262.34, which incorporates by reference 40 C.F.R. �� 265.16, requires that this information be maintained in one location. Respondent disclosed that its universal waste training program was deficient. IPSCO did not incorporate universal waste training into its RCRA training, which it provides to all employees, as required by 40 C.F.R. �� 273.16. Finally, Respondent disclosed that three drums of used oil were not properly labeled. IPSCO did not have used oil labels on three drums containing used oil as required by 40 C.F.R. �� 279.22.

Defendants (1)

• IPSCO STEEL INCNamed in complaintNamed in settlement

Facilities (2)

• IPSCO STEEL INC

  1770 ZACHARY AVE, MUSCATINE, IA, 52761

  Registry ID: 110007076779

• IPSCO STEEL INC

  1770 ZACHARY AVE, MUSCATINE, IA, 52761

  Registry ID: 110007076779

Statutes cited

• CAA 111 — New Source Performance Standards
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• IPSCO Steel, Inc.entered 2003-07-21

  Primary law: RCRA

  Federal penalty: $19,743

Timeline (3 milestones)

• 2001-05-11Enforcement Action Data Entered
• 2003-07-21Final Order Issued
• 2003-07-21Complaint Filed/Proposed Order