United States Environmental Protection Agency Office of Enforcement and Compliance Assurance (2248A) EPA300-N-00-016 &EPA Enforcement Alert Volume 3, Number 11 Office of Regulatory Enforcement December 2000 U.S. EPA Encourages Iron and Steel 'Minimills' to Self Audits to Address Noncompliance with Environmental Requirements Nucor Corp. Agrees to Control Practices; Provides Model for Industry The Environmental Protection Agency (EPA) has identified a number of multimedia environmen- tal compliance problems at 'minimiH' steel production facilities. Minimills are relatively new facili- About Enforcement Alert Enforcement Alert is published periodically by the Office of Regulatory Enforcement to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions. This information should help the regulated community anticipate and prevent violations of federal environmental law that could otherwise lead to enforcement action. Reproduction and wide dissemination of this publication are encouraged. For information on obtaining additional copies of this publication, contact the editor listed below. Eric V. Schaeffer Director, Office of Regulatory Enforcement Editor: Virginia Bueno (202) 564-8684 bueno.virginia@epa.gov (Please email address and name changes or subscription requests for this newsletter) ties that produce steel by melting scrap metal in an electric arc furnace (EAF). Minimills are required to com- ply with a number of environmental requirements. Violating these require- ments can be costly. For example, Nucor Corporation recently agreed to pay $9 million in civil penalties and spend an additional $4 million on related environmental projects for violating hazardous waste, clean air, clean water and right- to-know requirements. It will cost the company an estimated $85 million to implement the agreement (see page 2 for more on this settlement). This issue of Enforcement Alert highlights: Recent and ongoing EPA ac- tivities to address noncompliance in this sector, including inspections and investigations at a number of mills, and An EPA self- disclosure initiative un- derway with certain minimills. EPA encourages qualifying mills to take advantage of the Agency's Audit Policy (see Audit Policy website http://www. epa.gov/oeca/ ore/apolguid.html). The policy es- tablishes a framework for the volun- tary disclosure and expeditious cor- rection of violations in return for greatly reduced penalties. EPA Concerned About Noncompliance in Iron and Steel Sectors EPA's recent experience has raised serious concerns that iron and steel mills may not be in compliance with important federal environmental requirements such as the: Clean Air Act (CAA)-New Source Review (NSR)/Prevention of Significant Deterioration (PSD) requirements that are triggered due to plant construction, expansions and/ or modifications. Some facilities con- structed after 1978 (the effective date of the NSR/PSD regulations) have relied on inappropriate emission fac- tors based on performance tests con- ducted under nonrepresentative con- ditions to estimate their potential emis- sions. ome facilities that were con- structed before 1978 and modified after that year may be failing to factor in equipment additions and/or process changes that increase production ca- pacity and total emissions in the NSR permitting process. Such companies have, therefore, underestimated their air emissions, in- cluding estimates for such criteria pol- lutants as carbon monoxide, nitrous s Continued on page 2 ,n is found on the Internet at http://www.epa.gov/oeca/ore/enfalert/ ------- Enforcement Alert Continued from page 1 oxides, volatile organic compounds, sulfur dioxide and particulate matter. In such a situation, the source may be greatly exceeding its permit limits and may be an unpermitted major source. Some facilities constructed before 1978 but modified after that year may be failing to factor in equipment addi- tions and/or process changes that in- crease production capacity and total emissions in the NSR permitting pro- cess. For example, the addition of a new EAF or rolling mill at a facility can increase production and emissions. Another way facilities can underesti- mate plant emissions is by failing to include emission increases from downstream processes in their emis- sion calculations. For example, replac- ing older plant equipment with newer equipment, such as the installation of a ladle metallurgy furnace or larger transfer ladles, can increase plant pro- ductivity and emissions not only in the melt shop but downstream in the roll- ing mill as well. The Agency consid- ers emissions at all debottlenecked units when determining whether the emissions from a modification are sig- nificant. For more information on the kinds of violations associated with the NSR permitting process, see Enforce- ment Alert, "Compliance with Permit- ting Critical to Clean Air Act Goals", Volume 2, Number 1 (January 1999) at http://www.epa.gov/oeca/ore/ enfalert/. EPA is concerned that some minimills have significantly expanded and modified their operations. These expansions may have resulted in in- creased production and pollutant emis- Continued on page 3 Recent EPA Enforcement Actions Involving Minimills Nucor Steel Inc.: In December 2000, the Department of Justice filed suit against Nucor Steel Inc. and lodged a settlement agreement for multimedia violations at eight minimills and six steel fabrication facilities. The facilities are located in seven states in EPA Regions IV, V, VI, VII, and VIM. Nucor violated both PSD and NSPS provisions of the Clean Air Act and provisions of the Emergency Planning and Community Right-to-Know Act. Nucor mismanaged and illegally disposed of K061 dust, a RCRA listed hazardous waste generated by electric arc furnaces. The K061 releases also contributed to NPDES and stormwater violations of the Clean Water Act. The settlement will require Nucor to install pilot technologies for control of NOx (a smog precursor) emissions from its EAFs and reheat furnaces at two to four mills. The company will then install the best performing technology at all the remaining facilities. During the eight-year compliance schedule, Nucor's emissions from the EAFs and reheat furnaces will be capped at current limits until controls are in place. Under RCRA, Nucor will perform sampling of ground water and soils at all facilities, identify areas of contamination and perform cleanups according to a plan approved by EPA. States will be given the opportunity to oversee the cleanups. Nucor will also implement enhancements to its management of K061, process water and stormwaterto ensure continued compliance with RCRA and CWA requirements. AK Steel, Butler, Pa.: On June 7, 2000, EPA issued an emergency order under Section 1431 of the Safe Drinking Water Act (SDWA) to AK Steel Corporation in Butler, Pa., for excessive nitrate discharges. The federal order is intended to protect the health of people drinking the water in Zelienople, Pa. Zelienople has a water intake on the Connoquenessing Creek 21 miles downstream from the facility. AK Steel (formerly known as Armco Inc.) must provide an alternative water source to more than 4,000 people in Zelienople Borough and reduce dangerous nitrate discharges from its Butler steel mill. Since 1995, AK Steel tripled its discharge of pickling liquors into the creek from its Butler plant (as much as 29,000 pounds per day) causing dangerously high concentrations of nitrates in the Connoquenessing Creek. Drinking water with high concentrations of nitrates can cause serious illness and death in infants under six months of age from a condition known as "blue baby syndrome." Too much nitrate reduces the capacity of blood to carry oxygen, turning skin blue, causing shortness of breath, and depriving the brain of oxygen, which impairs metabolism, thinking and other bodily functions. These symptoms can develop rapidly in infants. EPAs standard under the SDWA sets a maximum contaminant level of 10 milligrams of nitrate per liter (mg/l) of drinking water (that is the same as 10 parts per million). Pollution above that level is unhealthy for all people, especially young children, and poses an acute health risk to infants under six months of age, pregnant women and nursing mothers. Water samples from the Connoquenessing Creek in the 30 miles downstream from AK Steel showed contained nitrates as high as 100 mg/l. December 2000 ------- Enforcement Alert Continued from page 2 sions that may not have been properly addressed under the existing permit- ting process. CAA requirements to con- duct baseline testing required un- der New Source Performance Stan- dards (NSPS) Subparts AA & AAa. Some companies have failed to per- form the required NSPS initial per- formance tests or subsequent moni- toring. Such testing and monitoring ensure that particulate emissions are effectively controlled. RCRA storage and disposal requirements associated with elec- tric arc furnace dust. Some compa- nies have failed to take steps to mini- mize the possibility of releases of K061, a listed hazardous waste. In ad- dition, when spills do occur, they must be cleaned up as soon as practicable. An EPA administrative law judge re- cently found that a company that failed to clean up a hazardous waste spill from its baghouse as soon as its employees knew of the spill was in violation of 40 CFR Section 262.34(d)(5)(iv)(B) (see In the mat- ter of: Morrison Brothers Company, Docket No. VII-98-H-0012, at http:/ /www. epa.gov/aljhomep/orders/ morison.pdf). National Pollution Elimina- tion Discharge System (NPDES) stormwater permitting require- ments. In general, pollution control equipment waste is susceptible to be- ing discharged with stormwater if not properly managed. Some companies have allowed K061 waste releases to contaminate stormwater discharges in violation of the Clean Water Act (CWA). In addition, the poor handling of slag piles, scrap, and other materi- als have caused violations of stormwater pollution prevention plans Compliance Audit Guides for Industry PA has developed audit guides for industry that provide summaries of many of its statutes and regulatory require- ments, and checklists to guide environmental auditors through the auditing process. These protocols are optional guidelines and are helpful, but should not supplant any other efforts to identify potential violations. Printed copies are available from the National Center for Environmental Publications and Infor- mation at (800) 490-9198, or at http://www.epa.gov/oeca/main/ strategy/crossp.html. For more information, contact Rich Satterfield, EPA's Office of Compliance, at (202) 564-2456. and NPDES stormwater general per- mits. Agency Increases Enforcement Activity at Iron and Steel Mills Since 1999, EPA has taken a com- prehensive approach to address the environmental and compliance prob- lems at all steel mills. The goal of this approach is to reduce actual and po- tential emissions at steel mills, thereby minimizing the health risks and the harm to the environment. EPA aims to achieve this goal by: Improving overall sector compliance rates; Reducing the transfer of pol- lutants from one media to another by addressing environmental problems holistically; and Preventing surface water, sediment, and groundwater contami- nation caused by discharges and dis- posal practices. EPA's multitrack approach for ad- dressing environmental and compli- ance problems at minimills includes targeted inspections of mills and ap- propriate enforcement responses, a voluntary national multimedia audit/ self-disclosure initiative at certain minimills, promotion of environmental management systems, and the prepa- ration of audit protocols and related compliance assistance materials. National Minimill Audit Policy and Self- Disclosure Initiative On Aug. 10, 2000, EPA's Office of Regulatory Enforcement sent let- ters to 41 minimills inviting them to participate in a voluntary audit and self-disclosure initiative based on EPA's Audit Policy. Companies that choose to disclose violations have until Feb. 28, 2001, to do so. Not all minimills were sent such letters some were excluded from the initia- tive because of ongoing investigations and/or other enforcement activities. The initiative is intended to help minimills determine whether they are in compliance with environmental re- quirements. Minimills that received a letter were invited to perform an environ- mental audit of their facility and dis- cover potential areas of noncompli- ance, and encouraged to consider tak- ing advantage of EPA's Audit Policy. December 2000 Continued on page 4 _ 3 ------- SEFA United States Environmental Protection Agency Office of Regulatory Enforcement (2248A) 1200 Pennsylvania Avenue, NW Washington, DC 20460 Official Business Penalty for Private Use $300 'Enforcement Alert' newsletter Continued from page 3 The Audit Policy greatly reduces and sometimes eliminates penalties for companies that discover, disclose, and correct civil violations through volun- tary audits. The policy generally ap- plies to violations that are voluntarily discovered and disclosed and does not apply to violations that are identified through a monitoring, sampling, or au- diting procedure that is required by statute, regulation, permit, judicial or administrative order, or consent agree- ment. As of September 1999, 670 companies have disclosed environ- mental violations under the Audit Policy at more than 2,700 facilities nationally. This year's activities are just the most recent in a multi-year effort to assist this sector in achieving lasting and consistent compliance. This fo- cused effort began in 1996, when EPA Region V encouraged minimills to self-disclose violations to the Agency to improve compliance among the minimills within its six states. The self- disclosures submitted by the compa- nies and the multimedia inspections performed by Region V and states revealed environmental concerns in- volving uncollected K061 baghouse dust, slag cooling water puddles, elec- tric arc furnace shop floor dust and monitoring, reporting, and mainte- nance requirements. As a result of the Agency's inves- tigations during the past few years, EPA has become increasingly con- cerned that serious, substantive vio- lations of federal environmental regu- lations are occurring at some minimills. The Agency strongly en- courages owners and operators of these mills to look very closely at their operations, take steps to remedy any environmental violations, and ensure that such conditions do not exist in the future. For more information, contact Michael Calhoun, Office of Regu- latory Enforcement, Multimedia En- forcement Division, (202) 564-6031; Email: calhoun.michael.@epa.gov. Get This Publication Electronically! You may receive an electronic sub- scription to Enforcement Alert by sending an email to: listserver@unixmail.rtpnc.epa.gov. 1. Leave the subject line blank. 2. Type the following in the body of the message: subscribe ocorelink Your First Name Your Last Name 3. Send the email with no further text in the body of the letter. Useful ComDliance Assistance Resources Office of Enforcement and Compliance Assurance: http://www.epa.gov/oeca Iron & Steel Sector Notebook: http://www.epa.gov/oeca/sector/ index. html#iron Sector Facility Indexing Project ( production, compliance and emissions information for integrated and minimills): http://www.epa.gov/oeca/sfi/ Summary of Environmental Compliance and Enforcement Data for Steel Mills: http://www.epa.gov/oeca/main/ compasst/metal.html#is Process-Based Investigation Guide; Compliance-Focused Environmental Management Systems-Enforcement Agreement Guidance; Multimedia Investiga- tions Manual: http://www.epa.gov/oeca/oceft/neic/ pubs1.html Audit Policy Information: http://www.epa.gov/oeca/ore/ apolguid.html Compliance Assistance Centers: http://www.epa.gov/oeca/mfcac.html Small Business Gateway: http://www.epa.gov/smallbusiness major_environmental_laws.htm Recycled/Recyclable. Printed with Soy/Canola Ink on paper that contains at least 30% recycled fiber ------- |