Public Notice: Proposed Settlement with CF&I Steel, L.P., dba Rocky Mountain Steel Mills for Clean Water Act Violations

Summary

The U.S. Environmental Protection Agency (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, the EPA alleges RMSM violated Sections 301(a) and 402 of the Clean Water Act (CWA), 33 U.S.C. §§ 1311(a) and 1342, by failing to comply with certain terms and conditions of Colorado Discharge Permit System (CDPS) Permit No. CO0000621 (the Wastewater Permit) at its facility located at 2100 South Freeway in Pueblo, Colorado (the Facility).

Background

For violations of CWA Sections 301 and 402 and their associated implementing regulations, the 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; (2) consulting with the State in which the violation occurs; and (3) notifying the public of the proposed order and providing a reasonable opportunity to comment on it. 33 U.S.C. § 1319(g)(1), (g)(2)(B), (g)(4)(A). RMSM has waived its right to a hearing in this proceeding, and the EPA has consulted with the State of Colorado regarding the proposed order.

The EPA alleges that RMSM violated the Wastewater Permit by:

1. Discharging pollutants from a permitted outfall at the Facility in excess of the effluent limitations on fourteen occasions from April 2020 to July 2025;
2. Failing to properly operate and maintain all facilities and systems of treatment and control; and
3. Failing to follow the EPA-approved sampling methodology for oil and grease.

Under the proposed Consent Agreement, RMSM has agreed to pay a civil administrative penalty of $308,173 to resolve its liability for these alleged violations.

The addresses of EPA and RMSM are listed below:

• EPA: EPA Region 8, 1595 Wynkoop Street, Denver, CO  80202-1129. EPA Region 8’s Water Enforcement Branch Manager is identified in the Consent Agreement as the Complainant.
• The Respondent: Rocky Mountain Steel Mills, 2100 South Freeway, Pueblo, CO 81004. RMSM is identified in the Consent Agreement as the Respondent. 

Public Comments

The 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 close 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. The 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.