EPA v. Norlite Corporation

Case summary

Pursuant to Section 113(d) of the Clean Air Act (CAA), 42 U.S.c. 7413(d), the Complaint proposes that a civil penalty be assessed against the Respondent for its failure to comply with the National Emission Standards for Hazardous Air Pollutants (NESHAP) general provisions set forth in 40 C.F .R. Part 63 Subpart A, and the NESHAP for Hazardous Air Pollutants from Hazardous Waste Combustors (HWC) set forth in 40 C.F.R. Part 63 Subpart EEE. The Respondent owns a facility in Cohoes, New York, where it produces shale aggregate in two large rotary kilns. The Respondent burns liquid hazardous waste to fuel the kilns and is, therefore, subject to the HWC NESHAP set forth in 40 C.F.R. Part 63, Subpart EEE..Specifically, the Respondent exceeded the operating parameter limit (OPL) for maximum gas exit temperature (which is necessary to control emissions of dioxins/furans) and exceeded the OPL for minimum pressure drop in the scrubber (which is necessary to control emissions of hydrogen chloride/chlorine gas and particulate matter) during 2013-2015. More recently, the Respondent submitted information to the EPA showing that it exceeded the applicable emissions limits for chromium, arsenic, and beryllium during a recent performance test the company conducted on December 7, 2017. This action resolves the violations.

Defendants (1)

• Norlite CorporationNamed in complaintNamed in settlement

Facilities (1)

• NORLITE LLC

  628 S SARATOGA ST, COHOES, NY, 12047

  Registry ID: 110000324159

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• Norlite Corporationentered 2020-05-14

  Primary law: CAA

  Federal penalty: $150,000

Timeline (3 milestones)

• 2020-01-30Complaint Filed/Proposed Order
• 2020-04-16Enforcement Action Data Entered
• 2020-05-14Final Order Issued