Public Notice: Proposed Consent Agreement with CF&I Steel for Clean Water Act Violations
Summary
EPA is providing notice of an opportunity for the public to comment on a proposed Consent Agreement with an administrative civil penalty assessment against CF&I Steel, L.P., dba Rocky Mountain Steel Mills (RMSM).
In the Consent Agreement, EPA alleges RMSM failed to comply with EPA’s Spill Prevention, Control and Countermeasures (SPCC) regulations, 40 C.F.R. Part 112, at the RMSM facility located at 2100 South Freeway in Pueblo, Colorado (the Facility).
Background
EPA issued the SPCC regulations pursuant to section 311(j) of the Clean Water Act (CWA), 33 U.S.C. § 1321(j). For violations of EPA regulations issued under CWA section 311(j), EPA is authorized to issue an administrative order assessing a Class II civil penalty after: (1) providing the person to be assessed the penalty with an opportunity to request a hearing on the proposed order; and (2) notifying the public of the proposed order and providing a reasonable opportunity to comment on it. 33 U.S.C. § 1321(b)(6)(A)(ii), (B)(ii), (C)(i). RMSM has waived its right to a hearing in this proceeding.
EPA alleges that RMSM violated the SPCC regulations by:
- Failing to equip its bulk storage tanks with appropriately sized containment;
- Failing to properly test the integrity of and make required repairs to the bulk oil storage tanks on a regular schedule; and
- Failing to prepare an SPCC Plan that contained all the information required by the regulations.
Under the proposed Consent Agreement, RMSM has agreed to pay a civil administrative penalty of $153,575 to resolve its liability for these alleged violations.
The addresses of EPA and RMSM are listed below:
Complainant
EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129. EPA Region 8’s Acting Manager for the RCRA and OPA Enforcement Branch is identified in the Consent Agreement as the Complainant.
Respondent
RMSM, 2100 South Freeway, Pueblo, CO 81004. RMSM is identified in the Consent Agreement as the Respondent.
Public Comments
EPA encourages the public to comment on the proposed Consent Agreement. The proposed Consent Agreement will be available for public review for a comment period of 30 days after the publication of this notice. After the closure of this comment period, EPA will, if appropriate in view of any comments received, file the proposed Consent Agreement and seek entry of an order approving the Consent Agreement. EPA expects to respond to any comments. The order, if any, would be issued at least ten (10) days after the close of the public comment period and at least forty (40) days after publication or posting of this notice, in accordance with 40 C.F.R. § 22.45(b) and (c)(3). The proposed Consent Agreement is available for review by contacting the person listed in the How to Comment box.
For Further Information
Persons wishing to receive a copy of the Consent Agreement, or other documents in this proceeding (including the regulations in 40 C.F.R. part 22, which establish procedures for any hearing), or to comment upon the proposed penalty assessment, should contact the Regional Hearing Clerk listed in the How to Comment box on this page.
Docket Numbers
- CWA-08-2026-0012