UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
5% REGIONAL ADMINISTRATOR

?2 ST

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0% REGION 5
,Ro?p?x? 77 WEST JACKSON BOULEVARD
CHICAGO, IL 60604-3590
JAN 11 2013

Edward N. Siskel

Corporation Counsel

City of Chicago Law Department
30 North LaSalle Street Suite 1400
Chicago, Illinois 60602

Dear Mr. Siskel:

Thank you for your December 13, 2017 letter regarding efforts of federal and state agencies to
resolve Clean Water Act violations at the US. Steel Portage, Indiana facility. In your letter, the
City of Chicago requests to be included in the on?going negotiations between the federal and
state agencies and the US. Steel Corporation.

As you note in your letter, counsel for the US. Environmental Protection Agency and
Department of Justice had a phone call with the City on November 28, 2017 to discuss the on-
going efforts of EPA, other federal agencies, and the Indiana Department of Environmental
Management (IDEM) to resolve this matter via a federal/ state consent decree. In that call, the
City raised a particular concern about noti?cation to City of?cials of spills into Lake Michigan, a
concern we have kept in mind during settlement discussions. We also agreed to keep the City
informed of progress in settlement discussions.

We are happy to report that our staff attorneys and environmental scientists have completed an
agreement in principle with US. Steel which, among other things, addresses U.S. Steel?s past
and on-going Violations of the Clean Water Act, including providing for injunctive relief and
civil penalties. We believe that the compliance measures outlined in the agreement in principle
will go far in protecting Burns Harbor and Lake Michigan from unlawful discharges and

spills. The agreement in principle covers all claims identified not only by EPA and IDEM but
also by the City in its Notice of Intent. Thus, all that remains is for the parties to agree on the
exact language in a consent decree, which we aim to have approved by the federal and state
agencies (and US. Steel) and be lodged with the federal district court in the near future. In light
of the fact that the staff attorneys and scientists have completed their substantive negotiations
and are diligently prosecuting the matter via what we anticipate to be a soon?to-be lodged decree,
the United States and Indiana respectfully decline your request for participation in the settlement
discussions at this time.

While we cannot discuss the details of potential enforcement matters, including the terms of this

settlement, we?d be happy to set up another call to listen to any additional concerns that the City
may have that you believe would be helpful in concluding an effective settlement. In addition,

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we will give serious consideration to any and all comments by the City and other community
representatives during the public comment period following the lodging of a consent decree.

Again, thank you for your letter. If you have further questions or would like another call
scheduled, please feel free to contact Rett Nelson, EPA Region 5?s Regional Counsel, at
(312) 886?6666.

 

Regional Administrator

cc: Arnold Rosenthal (DOJ)
Beth Admire (IDEM)