Judge: Hearing likely March 28 on steel mill appeal

Pollution Control and Ecology Commission Administrative Law Judge Charles Moulton set a schedule Thursday that he said leaves him “cautiously optimistic” that a hearing can be held at the March 28, 2014, meeting of the commission on an appeal of an air permit issued to allow the building of a $1.1 billion steel mill near Osceola in Mississippi County.

That means the start of construction of the Big River Steel plant will begin at least several months later than the plant’s investors had originally expected, which was to be in December.

Nucor Corp. opposes the Sept. 18 issuance by the Arkansas Department of Environmental Quality of the permit, which would have allowed the building and operation of the plant.

Nucor, which has two steel plants in Mississippi County, in October challenged the validity of the permit, contending the application by Big River was incomplete and “improperly processed by the ADEQ.”

Lawyers for Nucor, who, along with lawyers for Big River and the AEDQ , participated in a telephone conference conducted by Moulton on Thursday, sought to push the hearing back another three months, until June.

Moulton said that the Nucor appeal was “about the thickest … I’ve seen in the three and one-half years that

I’ve been in this position.”

Mark Allison, a lawyer for Nucor, said that he would need seven to 10 days to present about 15 witnesses.

Alan Perkins, counsel for Big River, argued for adhering to state law 8-4-205c5, which requires that a hearing before the commission be held 120 days from Thursday, in March.

“We know that the [federal] Clean Air Act is complex, but this process has gone on a long time. I’m sure you can understand that Big River Steel has some pressing deadlines … under Amendment 82 with the state.”

Under Amendment 82 to the state constitution, lawmakers approved during the 2013 session of the Legislature a taxpayer-backed $125 million bond issue and $10 million in training incentives.

During the session, Nucor sought to block state funding of the Big River project, contending that it would jeopardize jobs at the two Nucor plants.

Moulton said that “with the intervening holidays” it would be extremely difficult to meet the 120-day limit, and that the law does allow exceptions to that stipulation. Moulton will make a recommendation to the commission.

Either party has the right to appeal any ruling by the commission to the state courts, whether at the circuit, Court of Appeals or Supreme Court level.

The plant is expected to employ 525 workers at an average annual pay of $75,000, including bonuses. About 2,000 workers would be involved in building it.