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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A99-10067

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** April 22, 1999
- **Citation:** 64 FR 19805

## Text

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]
BILLING CODE 4410-15-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A99-10067. Public record. Not legal advice.