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WHEELING PITTSBURGH STEEL CORPORATION

Judicial · FY1985 · — · Combined With Another Case(s) · 9846

Penalty
Cost recovery
Compliance action

Case

Case Number
03-1985-0050
Type
Judicial
Lead
EPA
Outcome
Combined With Another Case(s)
DOJ Docket
90-5-2-3-989
Multimedia
N
Self-disclosure
N

Defendants (1)

Summary

THIS REFERRAL PERTAINS TO THE U.S. FILING A MOTION FOR CIVIL CONTEMPT & TO ENFORCE JUDGEMENT W/RESPECT TO CERTAIN VIOLATIONS BY W-P OF THE 1983 AMMENDED CD AT THEIR FOLLANS- BEE, VW SINTER PLANT. THIS PLANT WAS GRANTED STRETCHED COM PLIANCE SCHEDULES IN 1983 UNDER THE SICEA. ON 12/27/84, W-P SUBMITTED TO EPA A SINTER PLANT EMISSION CONTROL PLAN. THIS PLAN WAS ACTUALLY A BUBBLE PROPOSAL, & NOT AN EMISSION CONTROL PLAN REQUIRING THE INSTALLATION OF POSITIVE CONTROLS. EPA BY LETTERS OF 4/23/85 & 8/1/85, IN- FORMED W-P THAT THEIR SUBMISSION WAS INADEQUATE & THAT THE TERMS OF THE CD HAD NOT BEEN MET. ON 4/16/85, W-P FILED FOR PROTECTION UNDER CHAPTER 11 OF BANKRUPTCY CODE. THE UNIONS STRUCK & SETTLED RESPECTIVELY ON 7/21/85 & 10/28/85. W-P ON 7/30/85 & 8/12/85, NOTIFIED EPA THAT THEY COULD NOT MEET CERTAIN COMPLIANCE SCHEDULES DUE TO THE STRIKE & AS A RESULT THEY WERE CLAIMING A FORCE MAJEURE PURSUANT TO PART XXXIX OF AMENDED CD. W-P DID NOT ALLEGE A FORCE MAJEURE W/REGARD TO THE FOLLANSBEE SINTER PLANT. W-P, AS A RESULT OF THEIR INACTION & NONCOMPLIANCE, WILL NOT BE ABLE TO COMPLY W/SINTER PLANT EMISSION LIMITATIONS BY 12/31/85. THE SICEA EXPRESSLY PROHIBITS THE EXTENSION OF CD COMPLIANCE DATES BEYOND 12/31/85.ADDITIONALLY, EPA CAN NOT STAY COMPLIANCE W/THE SINTER PLANT SIP EMISSIONS STANDARD BECAUSE W-P IS ATTEMPTING TO GET A BUBBLE APPROVED BY WV. REG 3 RECOMMENDS THAT STIPULATED & C

Source

Authoritative
EPA ECHO
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