Nucor Steel-Arkansas v. Big River Steel, LLC (2016)

Nucor Steel-Ark. v. Big River Steel, LLC, 825 F.3d 444, 447 (8th Cir. 2016).

The EPA-delegated primary responsibility for carrying out the CAA air quality goals takes the form of issuance of preconstruction permits: “states issue the preconstruction permits in accordance with their SIPs and federal minimum standards.” Nucor Steel-Ark. v. Big River Steel, LLC, 825 F.3d 444, 447 (8th Cir. 2016).

“The plain language of [ 42 U.S.C. § 7604 (a)(1)] . . . demands that any past violation animating a suit under (a)(1) must be repeated or ongoing—a one-time violation will not suffice.” Nucor Steel-Arkansas, 825 F.3d at 450 (citation omitted).

In support of such argument, Schnitzer relies on BAAQMD Rule 2-6-407. 2 The cited Rule, titled "Application Shield," provides: 3 A facility shall not be subject to enforcement action for not possessing a major facility review permit if the facility fulfills the following three conditions: 4 The facility has filed with the APCO a complete and timely 5 application for an initial major review permit or for a five-year renewal of an existing major facility review permit; 6 The A…

See Nucor Steel, 825 F.3d at 449 (“Indeed, this and other circuits have held that § 7604(f)(4) contemplates state SIPs.”).

Smith has made no allegation that Defendant’s emissions were in violation of the EPA’s national ambient air quality standards, the State’s standard, or any permit emission limitations placed on the facility. 42 U.S.C. § 7475 (a)(1); see also Nucor Steel-Arkansas v. Big River Steel, LLC, 825 F.3d 444 (8th Cir. 2016).

See Nucor II, 825 F.3d at 452-53 ; Romoland Sch.