[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]


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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 NO<INF>X</INF> and CO from its electric arc furnaces 
(``EAFs''); (2) violated permit NO<INF>X</INF> 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