Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Clean Air Act

Under 28 CFR Sec. 50.7 notice is hereby given that on April 14,

1999, a proposed consent decree in United States v. WCI Steel, Inc.,

Civil Action No. 4:96 CV 659, was lodged with the United States

District Court for the Northern District of Ohio.

In this action, the United States sought injunctive relief and

civil penalties under Section 113(b) of the clean Air Act, 42 U.S.C.

7413(b), for violations of the National Emission Standard for Hazardous

Air Pollutants for Asbestos (``Asbestos NESHAP''), 40 CFR Part 61,

Subpt, M, the federally approved Ohio State Implementation Plan

(``SIP''), and an Approval to Construct permit issued pursuant to

regulations promulgated under Part C of the Act, Prevention of

Significant Deterioration of Air Quality, at WCI Steel's Warren, Ohio,

facility. Specifically, the Complaint alleges that WCI violated the

work practice, inspection, and notice requirements of the Asbestos

NESHAP, the opacity limits set forth in Ohio Rule AP-3-07 and its

revised version codified at OAC Rule 3745-17-07 of the Ohio SIP, the

mass emission limits set forth in Ohio Rule AP-3-12 and its revised

version codified at OAC Rule 3745-17-11 of the Ohio SIP, and the

particulate emission limits set forth in WCI's Approval to Construct

permit. The proposed consent decree provides for injunctive relief

consisting of an asbestos NESHAP compliance plan, a visible emissions

monitoring program, and an internal and external inspection and

evaluation at WCI's electrostatic precipitator stack. In addition, WCI

will pay a civil penalty of $600,000 to resolve claims under the Clean

Air Act, the asbestos NESHAP, and the Ohio SIP.

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 environmental and Natural Resources Division,

Department of Justice, Washington, DC 20530, and should refer to United

States v. WCI Steel, Inc., DOJ Ref. #90-5-1-1-5027A.

The proposed consent decree may be examined at the office of the

United States Attorney for the Northern District of Ohio, 1800 Bank One

Center, 600 Superior Avenue East, Cleveland, Ohio 44114; at U.S. EPA

Region 5, 77 West Jackson Boulevard, Chicago, IL 60604; and at the

Consent Decree Library, 1120 G Street, NW, 3rd Floor, Washington, DC

20005, (202) 624-0892. A copy of the proposed consent decree may be

obtained in person or by mail from the Consent Decree Library, 1120 G

Street, NW, 3rd Floor, Washington, DC 20005. In requesting a copy

please refer to the referenced case and enclose a check in the amount

of $8.00 (25 cents per page

[[Page 19806]]

reproduction costs), payable to the Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 99-10067 Filed 4-21-99; 8:45 am]

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