Superior is located in an environmental justice area and violated emission limits established in accordance with the NESHAP for EAF Steelmaking Facilities at 40 C.F.R. � 63 Subpart YYYYY. EPA discovered these violations during an inspection conducted May 12-13, 2012 and from information submitted by Superior, pursuant to a Section 114 request sent on April 26, 2012. EPA issued a finding of violation on December 10, 2012.
Based on its review of the information provided by Superior, EPA proposed a penalty based on the Clean Air Act Stationary Source Penalty Policy of $267,168. Superior has accepted the proposed penalty entered into a CAFO with EPA to resolve this matter.
Additionally, Superior has agreed to enter into an Administrative Compliance Order (ACO). This ACO resolves violations alleged in the finding of violation. The ACO requires Superior to:
1) Install a new ventilation hood that collects charging and tapping emissions from Superior�s EAF;
2) Not discharge to the atmosphere from an EAF control device PM in excess of 0.0052 gr/dscf (Note: Superior came into compliance with this term on May 9, 2013);
3) Conduct performance testing;
4) Certify compliance;
5) Maintain records; and
6) Submit semiannual reports and notifications.