All News Releases By Date

EPA Issues a Consent Agreement, Final Order Against Newport Steel Corporation's Wilder, Kentucky Facility for Alleged Violation of Clean Air Act

Release Date: 02/13/2004
Contact Information: Dawn Harris-Young, (404) 562-8421, [email protected] Laura Niles, (404) 562-8353, [email protected]

The Environmental Protection Agency (EPA) issued an Administrative (AO) against the Newport Steel Corporation for alleged violations of the Clean Air Act at its Wilder, Kentucky facility. The AO alleges that Newport was required to apply for a Prevention of Significant Deterioration permit for the construction and operation of a new electric arc furnace (EAF). Instead, Newport Steel miscalculated the air emissions from process equipment associated with the addition of the EAF, and applied for and received a synthetic minor permit. The AO requires Newport Steel to either notify EPA that it is permanently shutting down the EAF, or to apply for a proper permit using correct emissions calculations. The AO also alleges that Newport Steel failed to use good engineering control practices to minimize emissions at its Ladle Metallurgical Furnace (LMF). The AO requires Newport Steel to notify EPA that it is either permanently shutting down the LMF, or re-starting it so that EPA can have an opportunity to evaluate the effectiveness of the LMF ductwork improvement project. EPA Issues a Consent Agreement and Final Order against the Newport Steel Corporation's Wilder, Kentucky facility for alleged violation of the Clean Water Act The Environmental Protection Agency (EPA) issued a Consent Agreement and Final Order (CAFO) against the Newport Steel Corporation for alleged violations of the Clean Water Act at its Wilder, Kentucky facility. The facility is subject to the Spill Prevention Control and Countermeasure (SPCC) regulations due to its oil storage and transfer tanks. Inspections of the facility in 1998 and 1999 indicated numerous violations of the SPCC requirements, including failure to certify the SPCC Plan, failure to review the SPCC Plan every 3 years, failure to follow the SPCC Plan, failure to list all its tanks on the SPCC Plan, failure to provide adequate secondary containment for some of its tanks, failure to conduct periodic integrity testing, failure to adequately train personnel, and failure to conduct inspections. Under the terms of the CAFO, Newport Steel agreed to pay a civil penalty of $36,000. EPA issues a stop sale, use or removal order to Makhteshim Agan of North America, Inc. The U.S. Environmental Protection Agency (EPA) announced that a Stop Sale, Use or Removal Order (SSURO) was issued to Makhteshim Agan of North America, Inc. (MANA). The SSURO prohibits the distribution, sale, use or removal of 50 drums of Clethodim, a pesticide as defined by the Federal Insecticide, Fungicide, and Rhodenticide Act (FIFRA). EPA received information that registered Clethodim labels were not affixed to the drums as required by FIFRA. A pesticide is considered to be misbranded under FIFRA if it does not contain directions for use which are necessary to determine the intended purpose of the product and are adequate to protect health and the environment; if the label does not bear the registration number to each establishment in which it was produced; or if the label does not bear an ingredient statement and a registration number. Clethodim (a manufacturing use herbicide in this case) is a pesticide intended for preventing, destroying, repelling, or mitigating pests such as insects, rodents, nematodes, weeds, or fungi. The SSURO prevented MANA from further sale or distribution of Clethodim without prior written approval from EPA and became effective immediately upon receipt by MANA. Asbestos Abatement Supervisor Pleads Guilty in False Training Certificate Case On Jan. 28, Adrian Whaley, Asbestos Abatement Supervisor at Darcco Environmental Inc., in Jacksonville, Fla., pled guilty to conspiring to make a false statement to the EPA regarding asbestos training certification. The conspiracy involved the use of false asbestos training certificates by Darcco employees during asbestos abatement work conducted at U.S. Naval bases in the Jacksonville area. Darcco provided the certificates to its employees, despite knowing that the employees did not attend the asbestos training courses listed on the documents. Darcco received the false certificates from the Air Analytics Company in Orlando, Fla. Three other defendants, Edward Nunez, owner of Air Analytics and an employee of Darcco; Jerry Carter, owner of Darcco; and Eric Brown, a Darcco Asbestos Abatement Supervisor; each previously entered guilty pleas with respect to this case. Failure to properly train asbestos abatement workers and the use of falsified asbestos training documents can lead to workers being exposed to and inhaling airborne asbestos. Inhalation of airborne asbestos is a known cause of lung cancer, the lung disease "asbestosis," and mesothelioma, cancer of the chest and abdominal cavities. The case was investigated by the Jacksonville Area Office of EPA's Criminal Investigation Division, EPA's Office of Inspector General, the Defense Criminal Investigative Service, the National Aeronautics and Space Administration's Office of Inspector General, and the Florida Department of Law Enforcement. It is being prosecuted by the U.S. Attorney's Office in Jacksonville.