[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Notices]
[Pages 23306-23308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10761]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7491-2; CWA-HQ-2001-6009; EPCRA-HQ-2001-6009; CAA-HQ-2001-6009; 
RCRA-HQ-2001-6009]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding Gerdau 
Ameristeel, Inc., d/b/a/ Gerdau Ameristeel, Perth Amboy and Gerdau 
Ameristeel, Sayerville

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with Gerdau 
Ameristeel, Inc., d/b/a/ Gerdau Ameristeel, Perth Amboy and Gerdau 
Ameristeel, Sayerville (``Gerdau'') to resolve violations of the Clean 
Water Act (``CWA''), the Clean Air Act (``CAA''), the Resource 
Conservation and Recovery Act (``RCRA'') and the Emergency Planning and 
Community Right-to-Know Act (``EPCRA'') and their implementing 
regulations.
    The Administrator is hereby providing public notice of this consent 
agreement and final order and providing an opportunity for interested 
persons to comment on the CWA portions, as required by CWA section 
311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C).
    Gerdau failed to have an adequate Spill Prevention Control and 
Countermeasure (``SPCC'') plans for two facilities where they stored 
diesel oil in above ground tanks at its Perth Amboy and Sayerville, New 
Jersey facilities. EPA, as authorized by CWA section 311(b)(6), 33 
U.S.C. 1321(b)(6), has assessed a civil penalty for these violations. 
Gerdau failed to meet all the requirements of the facility's storm 
water permit, specifically by performing unauthorized discharges, and a 
failure to perform training required under the Storm Water Pollution 
Prevention Plan (SWPPP) provisions of the General Permit at its 
Sayerville, New Jersey facility. EPA, as authorized by CWA section 
309(g), 33 U.S.C. 1319, has assessed a civil penalty for these 
violations. Gerdau failed to follow the New Source Performance 
Standards found at 40 CFR part 60 and CAA section 111, 42 U.S.C. 7411 
at its Perth Amboy, New Jersey facility. EPA, as authorized by CAA 
section 113(d)(1), 42 U.S.C. 7413(d)(1), has assessed a civil penalty 
for these violations. At the Sayerville, New Jersey facility, Gerdau 
failed to submit an Emergency and Hazardous Chemical Inventory form to 
the Local Emergency Planning Commission, the State Emergency Response 
Commission, and the fire department with jurisdiction over each 
facility in violation of EPCRA section 312, 42 U.S.C. 11022. EPA, as 
authorized by EPCRA section 325, 42 U.S.C. 11045, has assessed a civil 
penalty for these violations. Gerdau failed to properly manage and 
characterize certain hazardous wastes, and failed to include certain 
notifications on its manifests, in accordance with RCRA and its 
implementing regulations, specifically 40 CFR parts 262 and 268 at its 
Perth Amboy, New Jersey facility and failed to amend its contingency 
plan and to conduct annual hazardous waste

[[Page 23307]]

training in accordance with RCRA and its implementing regulations, 
specifically, 40 CFR part 265, and to characterize hazardous waste, 
specifically 40 CFR part 262, at its Sayerville, New Jersey facility.

DATES: Comments are due on or before June 2, 2003.

ADDRESSES: Send written comments to the Docket Office, Enforcement and 
Compliance Docket and Information Center (2201T), Docket Number EC-
2002-020, U.S. Environmental Protection Agency, EPA West, 1200 
Pennsylvania Avenue NW., Room B133, Washington, DC 20460 (in triplicate 
if possible.)
    Please use a font size no smaller than 12. Comments may also be 
sent electronically to [email protected] or faxed to (202) 566-1511. 
Attach electronic comments as a text file and try to avoid the use of 
special characters and any forms of encryption. Please be sure to 
include the Docket Number EC-2002-020 on your document.
    In person, deliver comments to U.S. Environmental Protection 
Agency, EPA West, 1301 Constitution Avenue, NW., Room B133, Washington, 
DC 20460. Parties interested in reviewing docket information may do so 
by calling (202) 566-1512 or (202) 566-1513. A reasonable fee may be 
charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Sanda Howland, Multimedia Enforcement 
Division (2248-A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 564-
5022; fax: (202) 564-0010; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Electronic Copies: Electronic copies of this 
document are available from the EPA Home Page under the link ``Laws and 
Regulations'' at the Federal Register--Environmental Documents entry 
(http://www.epa.gov/fedrgstr).

I. Background

    Gerdau is a steel minimill, incorporated in the State of Florida, 
with its headquarters office located at 5100 West Lemon Street, Suite 
312, Tampa, Florida. Gerdau has facilities located at 225 Elm Street, 
P.O. Box 309, Perth Amboy, New Jersey 08862, and North Crossman Road, 
Sayreville, New Jersey 08871. Gerdau disclosed, pursuant to the EPA 
``Incentives for Self-Policing: Discovery, Disclosures, Correction and 
Prevention of Violations' (``Audit Policy''), 65 FR 19618 (April 11, 
2000), that it failed to have all of the necessary elements of an SPCC 
plan for the Perth Amboy, New Jersey facility, in violation of the CWA 
section 311(b)(3) and 40 CFR part 112. Gerdau disclosed that for its 
Perth Amboy, New Jersey facility, that it also had failed to perform 
monitoring and maintain records in accordance with CAA section 111 and 
40 CFR part 60. Gerdau disclosed that its Perth Amboy, New Jersey 
facility also failed to properly manage and manifest certain hazardous 
waste in violation of RCRA section 3004 and 3005 and 40 CFR parts 265 
and 268. Also, it failed to properly characterize certain solid wastes 
in accordance with RCRA section 3002 and 40 CFR part 262.
    Gerdau also disclosed that at its Sayreville, New Jersey facility 
it discharged contact water without a permit in accordance CWA parts 
301 and 402 and 40 CFR parts 420 and 433, and failed to have 
documentation of training in its SPCC plan as required by CWA section 
311 and 40 CFR part 112, and in its SWPPP, as required by CWA sections 
301 and 402. In addition, Gerdau failed to properly characterize solid 
waste, in accordance with RCRA section 3002 and 40 CFR part 262, and 
had deficiencies in the facility's contingency plan in violation of 
RCRA section 3005 and 40 CFR part 265. Finally, Gerdau's Sayreville, 
New Jersey failed to identify all chemicals at the facility that 
exceeded threshold levels for reporting on the facility's Tier II 
reports. Those chemicals not identified include calcium carbide, 
calcium silicon, calcium hydroxide (lime), carbon, chromium compounds, 
diethylene glycol, dolime, dolomite, ethylene glycol, epoxy powder, 
ferroboron, ferrosilicon, ferrovanadium, graphite, O2 cryogenic liquid, 
silicon manganese, synthetic lubricating fluid, biocides in violation 
of EPCRA section 312 , 42 U.S.C. 11022, and 40 CFR part 370.
    Pursuant to 40 CFR 22.45(b)(2)(iii), the following is a list of 
facilities at which Gerdau self-disclosed violations of CWA section 
311: 225 Elm Street, P.O. Box 309, Perth Amboy, New Jersey 08862 and 
North Crossman Road, Sayreville, New Jersey 08871. Gerdau also 
disclosed a violation of CWA sections 301 and 402 at the Sayreville, 
New Jersey.
    In addition, Gerdau self-disclosed violations of EPCRA section 312 
at its facility located in the state of New Jersey.
    EPA determined that Gerdau met the criteria set out in the Audit 
Policy for a 100% waiver of the gravity component of the penalty. As a 
result, EPA proposes to waive the gravity based penalty ($439,622) and 
proposes a settlement penalty amount of forty-three thousand, five 
hundred and sixty-five dollars ($43,565). This is the amount of the 
economic benefit gained by Gerdau, attributable to their delayed 
compliance with the CWA, RCRA, CAA and EPCRA regulations. Gerdau has 
agreed to pay this amount. EPA and Gerdau negotiated and signed an 
administrative consent agreement, following the Consolidated Rules of 
Practice, 40 CFR 22.13(b), on March 11, 2003 (In Re: Gerdau Ameristeel, 
Inc., d/b/a Gerdau Ameristeel, Perth Amboy and Gerdau Ameristeel, 
Sayerville, Docket Nos. RCRA-HQ-2001-6009, CWA-HQ-2001-6009, CAA-HQ-
2001-6009, EPCRA-HQ-2001-6009). This consent agreement is subject to 
public notice and comment under CWA sections 309, 33 U.S.C. 311(b)(6), 
33 U.S.C. 1321(b)(6).
    Under CWA section 311(b)(6)(A), 33 U.S.C. 1321 (b)(6)(A), any 
owner, operator, or person in charge of a vessel, onshore facility, or 
offshore facility from which oil is discharged in violation of the CWA 
section 311(b)(3), 33 U.S.C. 1321 (b)(3), or who fails or refuses to 
comply with any regulations that have been issued under CWA section 
311(j), 33 U.S.C. 1321(j), may be assessed an administrative civil 
penalty of up to $137,500 by EPA. Class II proceedings under CWA 
section 311(b)(6) are conducted in accordance with 40 CFR part 22.
    Under CWA sections 301 and 402, persons are not allowed to 
discharge pollutants to waters of the United States without first 
obtaining a permit. Any person who fails to comply with sections 301 
and 402, or who fails or refuses to comply with any regulations or 
permits that have been issued under CWA sections 301 and 402, may be 
assessed an administrative civil penalty of up to $137,500 by EPA. 
Class II proceedings under CWA section 301 and 402 are conducted in 
accordance with 40 CFR part 22.
    Under CAA section 113(d), the Administrator may issue an 
administrative order assessing a civil penalty against any person who 
has violated an applicable requirement of the CAA, including any rule, 
order, waiver, permit or plan. Proceedings under CAA section 113(d) are 
conducted in accordance with 40 CFR part 22.
    Under EPCRA section 325, the Administrator may issue an 
administrative order assessing a civil penalty against any person who 
has violated applicable emergency planning or right to know 
requirements, or any other requirement of EPCRA. Proceedings under 
EPCRA section 325

[[Page 23308]]

are conducted in accordance with 40 CFR part 22.
    Under RCRA section 3008, the Administrator may issue an 
administrative order assessing a civil penalty against any person who 
has violated RCRA or its implementing regulations. Proceedings under 
RCRA section 3008 are conducted in accordance with 40 CFR part 22.
    The procedures by which the public may comment on a proposed Class 
II penalty order, or participate in a Clean Water Act Class II penalty 
proceeding, are set forth in 40 CFR 22.45. The deadline for submitting 
public comment on this proposed final order is June 2, 2003. All 
comments will be transferred to the Environmental Appeals Board 
(``EAB'') of EPA for consideration. The powers and duties of the EAB 
are outlined in 40 CFR 22.4(a).
    Pursuant to CWA section 311(b)(6)(C), EPA will not issue an order 
in this proceeding prior to the close of the public comment period.

    Dated: April 24, 2003.
Robert A. Kaplan,
Acting Director, Multimedia Enforcement Division, Office of Enforcement 
and Compliance Assurance.
[FR Doc. 03-10761 Filed 4-30-03; 8:45 am]
BILLING CODE 6560-50-P