EPA v. FEDERATED METALS/ASARCO

Case summary

DEF IS SUBSIDARY OF ASARCO, INC AND OPERATES A METAL REFINING PLNT IN N.J. ONE PROD IS MAGNESIUM ANODES. A BAG- HOUSE CNTRLS EMISSIONS FR MAGNESIUM KETTLES THAT PROD ANODES BAGHOUSE IS REQ BY NJDEP. ON 11-2-83, AN INSP OF DEF REVEALED THAT DEF WAS USING IMPORTED, CONTAMINATED MAGNESIUM SCRAP WHICH CLOGGED BAGHOUSE. AS A RESULT, CAPTURE SYSTEM AND BAGHOUSE WERE INEFFECTIVE AND FUMES EXITED DIRECTLY. AFTER 11/25/83 MTG W/EPA, DEF SAID IT WOULD QUIT USING IMPORTED SCRAP BUT WOULD USE SCRAP IN STOCK AND IN TRANSIT. AFTER MTG W/EPA ON 02/27/84, DEF SAID IT WOULD NOT USEANY IMPORTED SCRAP OR USE KETTLES UNTIL NEW BAGS INSTALLED, CLEANER SCRAP IS OBTAINED, AND THE OPERATION CAN RUN IN ACCORD W/ CERT TO OPERATE AND ALL APPLIC REGS.

Defendants (2)

• ASARCONamed in complaintNamed in settlement
• FEDERATED METALS CORPNamed in complaintNamed in settlement

Facilities (1)

• FEDERATED METALS CORPORATION

  150 SAINT CHARLES ST, NEWARK, NJ, 07101

  Registry ID: 110000701232

Statutes cited

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

Enforcement conclusions (1)

• FEDERATED METALS, INC.entered 1985-04-19

  Primary law: CAA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1984-03-30Referred To Dept Of Justice
• 1984-04-30Referred TO U.S. Attorney
• 1984-05-22Complaint Filed With Court
• 1985-04-19Final Order Lodged
• 1985-04-19Final Order Entered
• 1985-04-19Concluded
• 1985-12-31Enforcement Action Closed