IPSCO Steel, Inc. v. Alabama Department of Environmental Management

CRAWLEY, Judge.

In October 1998, the Alabama Department of Environmental Management (“ADEM”) issued to IPSCO Steel, Inc., a permit authorizing the construction and operation of various air-pollution-control devices on a steel mill IPSCO proposed to build and operate in Axis, Alabama. One of the requirements of the permit was that IPSCO’s mill have an emissions smokestack equipped with an instrument known as a “continuous opacity monitor” (“COM”). In November 1999, IPSCO requested a modification of the permit, seeking, among other things, to be allowed to use a continuous ridge vent, rather…