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

-------