[Federal Register Volume 66, Number 8 (Thursday, January 11, 2001)]
[Notices]
[Pages 2446-2447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-919]


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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Clean Air Act, 
Clean Water Act, RCRA, and EPCRA

    Under 28 CFR 50.7, notice is hereby given that on December 19, 
2000, a proposed Complaint and Consent Decree in United States v. Nucor 
Corporation, Civil Action No. 4-00:3945-24, was lodged with the United 
States District Court for the District of South Carolina.
    This is a national, multi-facility, multi-media enforcement action 
against Nucor Corporation (``Nucor''), a major manufacturer of steel 
and steel products. This action is brought pursuant to section 113(b) 
of the Clean Air Act (``CAA''), 42 U.S.C. 7413(b) (1983), amended by 42 
U.S.C. 7413(b) (Supp. 1991); the Resource Conservation and Recovery 
Act, (``RCRA''), 42 U.S. 6901 et seq.; the Emergency Planning and 
Community Right to Know Act (``EPCRA''), 42 U.S.C. 11004(a); and the 
Clean Water Act (``CWA''), 33 U.S.C. 1251 et seq. This settlement 
involves 8 steel mini-mills and 6 steel fabrication facilities located 
in Alabama, Arkansas, Indiana, Nebraska, South Carolina, Texas, and 
Utah, in EPA Regions 4, 5, 6, 7, and 8. The Complaint alleges that 
Nucor violated the Prevention of Significant Deterioration (``PSD'') 
and New Source Performance Standard (``NSPS'') provisions of the Clean 
Air Act and that K061 dust, a waste product from the electric arc 
furnaces (``EAFs'') and a RCRA listed hazardous waste, was disposed of 
illegally at the facilities and contributed to National Pollution 
Discharge Elimination System (``NPDES'') permit and Industrial Storm 
Water violations of the Clean Water Act. In addition, the Complaint 
alleges that K061 dust has contaminated soil and groundwater at Nucor's 
steel mills.
    The proposed settlement will require Nucor to pilot air pollution 
control technologies for control of NOx emissions from its 
EAFs and reheat furnaces. Nucor will also conduct sampling of ground 
water and soils at all facilities, identify areas of contamination and 
perform corrective action in accordance with an EPA-approved RCRA 
statement of work for each facility. in addition, Nucor will implement 
enhancements to its management of K061, and its process and storm water 
to ensure continued compliance with CWA requirements. Nucor will also 
pay a civil penalty of $9 million, and spend $4 million on Supplemental 
Environmental Projects. The states of Arkansas, Nebraska, and Utah are 
joining in this settlement as

[[Page 2447]]

Plaintiff-Interveners and will share in the civil penalties. The state 
of South Carolina will also be a signatory to the Consent Decree under 
a provision of state law that authorizes its participation, however, 
South Carolina will not file a separate enforcement action and will not 
share in the civil penalties.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to the Consent 
Decree. Comments should be addressed to the Assistant Attorney General, 
Environmental and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States v. Nucor Corporation, D.J. Ref. 90-5-2-1-06407/1.
    The Consent Decree may be examined at the Office of the United 
States Attorney, 1st Union Building, 1441 Main Street, Suite 500, 
Columbia, South Carolina 29201 and at U.S. EPA, Multimedia Enforcement 
Division, Office of Regulatory Enforcement, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460. A copy of the Consent Decree may also be 
obtained by mail from the Consent Decree Library, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611. In requesting a copy, 
please enclose a check in the amount of $60.25 (25 cents per page 
reproduction cost) payable to the Consent Decree Library.

Bruce Gelber,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 01-919 Filed 1-10-01; 8:45 am]
BILLING CODE 4410-15-M