EPA v. Tonawanda Coke Corporation

Case summary

Defendant violated Sections 112 and 114 of the Act, and provisions in the National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants, 40 C.F.R. Part 61, Subpart L; the National Emission Standard for Equipment Leaks (Fugitive Emission Sources), 40 C.F.R. Part 61, Subpart V; the National Emission Standard for Benzene Waste Operations, 40 C.F.R. Part 61, Subpart FF; the National Emission Standards for Coke Oven Batteries, 40 C.F.R. Part 63, Subpart L; and the facility's title V operating permit. The Defendant also violated the Clean Water Act (CWA) and effluent limits and other conditions in its State pollution discharge elimination system (SPDES) permit. Finally, the Defendant violated Section 313 of the Emergency Planning and Community Right-to-know Act (EPCRA) by failing to submit accurate emissions reports. The Consent Decree requires the Defendant to take actions to comply with these regulations and requirements, including, among other things: installation of coke oven battery emission controls (known as pushing controls ) and a continuous opacity monitoring system (COMS); implementation of an enhanced leak detection and repair (LDAR) program to detect and repair coke oven gas leaks in the by-products area, which was a significant source of fugitive benzene emissions; improved coke oven battery work practices; repair or replacement of by-products area equipment or units; third party audit of the integrity of the coke oven walls; 24 hour minimum coking time requirement and limit on furnace coke production; third party audit for CWA compliance; submission of revised emission reporting forms for benzene and ammonia to comply with EPCRA. A federal civil penalty was assessed and a wetlands preservation and restoration supplemental environmental project (SEP) was included in the settlement agreement.

Defendants (1)

• Tonawanda Coke CorporationNamed in complaintNamed in settlement

Facilities (2)

• TONAWANDA COKE CORP

  3875 RIVER RD., TONAWANDA, NY, 14150-6591

  Registry ID: 110000326772

• TONAWANDA COKE CORPORATION

  3875 RIVER RD, TONAWANDA, NY, 14150

  Registry ID: 110000326772

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CWA 301 — NPDES Discharge without a Permit
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• Tonawanda Coke Corporationentered 2015-10-28

  Primary law: CAA

  Federal penalty: $1,750,000 · State/local: $1,000,000 · SEP: $357,143

Timeline (6 milestones)

• 2011-09-29Referred To Dept Of Justice
• 2011-09-30Enforcement Action Data Entered
• 2015-05-11Final Order Lodged
• 2015-05-11Complaint Filed With Court
• 2015-10-28Concluded
• 2015-10-28Final Order Entered