[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]
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