[Federal Register Volume 65, Number 204 (Friday, October 20, 2000)]
[Notices]
[Page 63098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27003]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree Pursuant to the Clean Air Act
In accordance with Departmental policy, 28 CFR 50.7, notice is
hereby given that a proposed consent decree in U.S. v. Gallatin Steel
Company, Civil No. 99-30 (E.D. Ky.) was lodged on October 5, 2000, with
the United States District Court for the Eastern District of Kentucky.
The consent decree settles claims for civil penalties and
injunctive relief against Gallatin Steel Company for violations of the
Clean Air Act and Kentucky's State Implementation Plan (``SIP''). The
United States alleges that Gallatin Steel Company violated the Clean
Air Act and the Kentucky SIP because: (1) It exceeded the limits in a
permit issued by the Kentucky Division of Air Quality (``KDAQ'') in
1993 for NOX and CO from its electric arc furnaces
(``EAFs''); (2) violated permit NOX emissions limits at its
reheat furnace; (3) constructed emissions units of regulated pollutants
without a permit; (4) started up EAFs without operating emission
control equipment as required by its permit; (5) failed to include
emissions from emissions units in permit applications; (6) failed to
use reasonable precautions during the loading and unloading of scrap in
the scrap yard to prevent fugitive dust from becoming airborne; and (7)
circumvented Prevention of Significant Deterioration (``PSD'') review
as required by Section 165 of the Clean Air Act, 42 U.S.C. Sec. 7475,
and 401 KAR 51:017.
The proposed consent decree provides that Gallatin Steel Company
will pay a civil penalty of $925,000 and install a new dust evacuation
system in the melt shop and a new dust suppression system to minimize
fugitive dust emissions in the scrap yard. In addition, Gallatin has
agreed to supplement its PSD and Title V permit applications to include
emissions from the sources that were not included in prior
applications. Finally, Gallatin has agreed not to challenge a
determination by the KDAQ that emissions from an onsite slag processing
plant owned by Harsco, an independent company, will be treated as
emissions from the steel mill for PSD and Title V purposes.
The Department of Justice will receive, for a period of thirty (30)
days from the date of this publication, comments relating to the
proposed consent decree. Comments should be addressed to the Assistant
Attorney General for the Environment and Natural Resources Division,
Department of Justice, Washington, DC 20530, and should refer to U.S.
v. Gallatin Steel Company, DOJ Ref. #90-5-2-1-2115.
The proposed consent decree may be examined at the office of the
United States Attorney, for the Eastern District of Kentucky, 110 West
Vine Street, Lexington, Kentucky 40596-3077; and the Region 4 Office of
the Environmental Protection Agency, 61 Forsyth Street, S.W., Atlanta,
Georgia 30303. A copy of the proposed consent decree may be obtained by
mail from the Consent Decree Library, P.O. Box 7611, Washington, DC
20044-7611. In requesting a copy please refer to the referenced case
and enclose a check in the amount of $9.00 (25 cents per page
reproduction costs), payable to the Consent Decree Library.
Walker B. Smith,
Deputy Chief, Environmental Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 00-27003 Filed 10-19-00; 8:45 am]
BILLING CODE 4410-15-M