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NUCOR CHALLENGE TO BIG RIVER STEEL AIR PERMIT: ARKANSAS ADMINISTRATIVE LAW JUDGE ISSUES RECOMMENDED DECISIONArkansas Environmental, Energy, and Water Law Blog

03/21/2014

Author: Walter G. Wright

As noted in previous posts, http://www.mitchellwilliamslaw.com/clean-air-act-federal-district-court-asks-to-enjoin-construction-of-a-louisiana-direct-reduced-iron-manufacturing-facility-because-of-alleged-technology-changes, http://www.mitchellwilliamslaw.com/arkansas-steel-mill-litigation-nucor-steel-sues-epa-in-federal-district-court-alleging-an-agency-failure-to-address-its-objection-petition-to-big-river-steel, http://www.mitchellwilliamslaw.com/nucor-steel-response-to-big-river-steels-motion-for-partial-relief-from-automatic-stay, Nucor Steel "“ Arkansas, a division of Nucor Corporation and Nucor-Yamato Steel Company (collectively,"Nucor"�) filled a Request for Commission Review of an air permit that the Arkansas Department of Environmental Quality ("ADEQ"�) issued to Big River Steel, LLC ("Big River"�).

Nucor challenged the air permit based on a number of issues such as alleged flaws in the Prevention of Significant Deterioration/New Source Review process (i.e., modeling, Best Available Control Technology analysis, etc.), Title V deficiencies, public participation issues, etc.

Administrative Law Judge ("ALJ"�) Charles Moulton issued a Recommended Decision yesterday which affirmed ADEQ's issuance of the permit to Big River. ALJ Moulton's opinion is found in the 71 page Recommended Decision.

The Recommended Decision will be reviewed by the Arkansas Pollution Control and Ecology Commission which can affirm or reject any or all of the ALJ's Recommended Decision.

A copy of the Recommended Decision can be downloaded below.