EPA v. CARBORUNDUM CO (KENECOTT CO)

Case summary

NATURE OF CASE THE CARBORUNDUM CO, BONDED ABRASIVES DIVISION, MANU- FACTURES ABRASIVE WHEELS AND OTHER TOOLS FROM SILICON CAR BIDE AND ALUMINUM OXIDE AT THE NIAGRA FALLS PLANT. THE CO. ALSO OPERATES TWO COAL-FIRED BOILERS AT THE FACILITY, WHICH ARE MAJOR STATIONARY SOURCES OF PARTICULATE AIR POL- LUTION LOCATED IN AN AREA WHICH IS NOT ATTAINING THE SEC- ONDARY NATIONAL AMBIENT AIR QUALITY STANDARDS FOR PARTI- CULATE MATTER, AND WHICH BORDERS A PRIMARY NON-ATTAINMENT AREA. REG. 2 HAS DETERMINED THAT THE COMPANY'S BOILER #5 REMAINED IN VIOLATION OF APPLICABLE VISIBLE EMISSIONS OPACITY LIMITATIONS SET FORTH IN SEC. 227.4(A), TITLE 6, OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK ( NYCRR ), PART OF THE FEDERALLY- APPROVED NEW YORK STATE IMPLEMENTATION PLAN ( SIP ) FOR THE AIR QUALITY CONTROL REGION IN WHICH THE PLANT IS LO- CATED, MORE THAN 30 DAYS AFTER HAVING BEEN NOTIFIED BY THE AGENCY OF THAT VIOLATION. WE THEREFORE RECOMMEND THAT A CIVIL ACTION FOR INJUNCTIVE RELIEF AND THE IMPOSI- TION OF CIVIL PENALTIES BE INITIATED IN FEDERAL DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK, PURSUANT TO SEC.113(B) OF THE CLEAN AIR ACT. ON JULY 9, 1979 THE NEW YORK STATE DEPT. OF ENVIRON- MENTAL CONSERVATION ( NYSDEC ) ISSUED TO CARBORUNDUM AN ADMINISTRATIVE ORDER, ON CONSENT, REQUIRING THE COMPANY TO CORRECT OPACITY VIOLATIONS AT ITS BOILERS #5 AND #6. THE REMEDIAL WORK WAS TO HAVE BEEN COMPLETED BY NO LATER THAN AUGUST 6, 1979 FOR BOILER #5 AND NO LATER THAN SEPT. 15, 1979 FOR BOILER #6. THE CO. SOON SLIPPED OFF THESE SCHEDULES, HOWEVER, AND BY FALL OF 1980 THE PLANNED RE- PAIRS TO THE BAGHOUSE SERVING BOILER #5 AND INSTALLATION OF A NEW SCRUBBER FOR BOILER #6 HAD STILL NOT BEEN COM- PLETED. ON SEPT. 18, 1980 AND AGAIN ON DEC.10, 1980, A CERT- IFIED VISIBLE EMISSIONS INSPECTOR FROM OUR AIR FACILITIES BRANCH VISITED THE CARBORUNDUM FACILITY, AND ON BOTH OC- CASIONS DOCUMENTED SMOKE EMANATING FROM BOILER #5 WITH OPACITIES NEARLY FOUR TIME THE 20% LIMIT ESTABLISHED IN 6 NYCRR SEC.227.4(A). ON JAN. 8, 1981 WE ISSUED TO THE CO A NOTICE OF VIOLATIN PURSUANT TO SEC. 113(A)(1) OF THE ACT. AT A SUBSEQUENT MEETING AND IN CORRESPONDENCE WITH US, THE CO. ASSERTED THAT IT WOULD SOON BE COMPLETING WORK UNDER THE NEW YORK STATE ORDER, WHICH WOULD CORRECT THE PROBLEM. ON NOV. 19, 1981 THE INSPECTOR AGAIN VISITED CARBOR- UNDUM'S NIAGARA FALLS PLANT, AND AGAIN DOCUMENTED AN OPA- CITY VIOLATION FROM BOILER #5. ON THIS OCCASION THE SMOKE OPACITY WAS NEARLY TWICE THE LIMIT. ON JAN. 15, 1982 WE INVITED THE CO. TO MEET WITH US AND SHOW CAUSE WHY FURTHER ENFORCEMENT ACTION FOR THIS CONTINUING VIOLA- TION SHOULD NOT BE COMMENCED. (DURING THE SAME INSPECTION WE ALSO DOCUMENTED AN OPACITY VIOLATION FROM ONE OF THE CO.'S PROCESSES, A LINDBERG KILN IN WHICH THE MATERIALS USED AT THE PLANT ARE BAKED. A SEPARATE NOTICE OF VIOLA- TION WAS ISSUED FOR THIS VIOLATION.) SHORTLY AFTER REC- EIVING OUR JAN. 15 LETTER THE CO. TOOK BOILER #5 OUT OF SERVICE AND ASSURED US THAT IT WOULD NOT RECOMMENCE OPER- ATIONS UNTIL AND UNLESS ADEQUATER CONTROLS WERE INSTALLED ON JUNE 8, THE CO. ADVISED US THAT IS HAD DECIDED TO RE- FURBISH THE BAGHOUSE FOR BOILER #5; IT PROJECTED COMP- LETION OF THE WORK BY SEPT. 30, 1982.

Defendants (1)

• CARBORUNDUM CO, KENECOTT CONamed in complaintNamed in settlement

Facilities (1)

• STRUCTURAL CERAMICS & TECHNOLOGY

  1625 BUFFALO AVE, NIAGARA FALLS, NY, 14302

  Registry ID: 110009472034

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CARBORUNDUM CO(KENNECOTT CORP)entered 1983-06-03

  Primary law: CAA

  Federal penalty: $21,000

Timeline (8 milestones)

• 1982-09-21Referred To Headquarters
• 1982-10-15Referred To Dept Of Justice
• 1983-03-23Referred TO U.S. Attorney
• 1983-03-25Complaint Filed With Court
• 1983-06-03Final Order Lodged
• 1983-06-03Final Order Entered
• 1983-06-03Concluded
• 1985-06-03Enforcement Action Closed