EPA v. FRANKLIN SMELTING AND REFINING CORPORATION

Case summary

REGION III SEEKS INJUNCTIVE RELIEF AND CIVIL PENALTIES FOR VIOLATIONS OF THE CLEAN AIR ACT AT THE FRANKLIN SMELTING FACILITY BASED ON VIOLATIONS OF SECTION 110 OF THE CLEAN AIR ACT AND THE FEDERALLY ENFORCEABLE PENNSYLVANIA SIP. THE VIOLATIONS RELATE TO FRANKLIN SMELTING'S SECONDARY COPPER MANUFACTURING PLANT, LOCATED IN PHILADELPHIA. THE FACILITY IS EQUIPPED WITH VARIOUS FURNACES AND RELATED EQUIPMENT WHICH EMIT PARTICULATE MATTER ( PM-10 ), MUCH OF WHICH CONTAINS HIGH LEVELS OF LEAD. THE VIOLATIONS RELATE TO THE EXCESSIVE OUTDOOR EMISSIONS OF PM-10 THAT HAVE BEEN OCCURRING AT THE FACILITY FROM THE EARLY 1980'S TO THE PRESENT. SPECIFICALLY, THESE OUTDOOR EMISSIONS OF LEAD AND PM-10 ARE IN VIOLATION OF THE STRICT PROHIBITION ON FUGITIVE EMISSIONS SET FORTH IN THE FEDERALLY ENFORCEABLE PA SIP. THE FACILITY IS THE SUBJECT OF THE REFERENCED CONSENT DECREE IS NOT PRESENTLY OPERATING, AND HAS NOT BEEN SINCE SEPT. 1997, BUT THE OWNER OF THE FACILITY, FRANKLIN SMELTING & REFINING CORPORATION (FRANKLIN), REMAINS IN BUSINESS AND HAS NOT YET FILED FOR PROTECTION UNDER THE BANKRUPTCY CODE. AT THE TIME OF THE SHUTDOWN OF THE FACILITY, FRANKLIN WAS IN VIOLATION OF SEVERAL CONSENT DECREE PROVISIONS FOR WHICH VERY SUBSTANTIAL STIPULATED PENALTIES HAD ACCRUED, AS DESCRIBED HEREIN. IN ORDER TO ENSURE THAT THE FACILITY IS OPERATED IN COMPLIANCE WITH THE CLEAN AIR ACT SHOULD FRANKLIN EVER OPERATE IT AGAIN, EPA REQUESTS THAT THE MOTION SEEK AN ORDER FROM THE COURT REQUIRING THAT, PRIOR TO ANY RESTART OF OPERATIONS AT THE FACILITY, FRANKLIN SUBMIT TO EPA FOR APPROVAL UNDER THE TERMS OF SECTION XV OF THE CONSENT DECREE A PLAN FOR IMPROVEMENTS TO THE FACILITY SUFFICIENT TO ENSURE ITS OPERATION IN COMPLIANCE WITH THE CLEAN AIR ACT AND PERFORM A COMPLIANCE DEMONSTRATION. THE CONSENT DECREE VIOLATIONS STEM FROM FRANKLIN'S FAILURE TO INSTALL AND OPERATE, AND CONDUCT A COMPLIANCE DEMONSTRATION FOR, ADDITIONAL POLLUTION CONTROL EQUIPMENT REQUIRED PURSUANT TO SECTION VII, PARAGRAPH 2, OF THE CONSENT DECREE TO BE INSTALLED AND OPERATED AT THE BLAST FURNACE AREA ENCLOSURE VENTILATION BAGHOUSE WITH SPECIFICATIONS AS SET FORTH IN PHILADELPHIA AIR MANAGEMENT SERVICES (AMS) ERMITS, AND FAILURE TO DEMONSTRATE COMPLIANCE AS REQUIRED IN SECTION VII, PARAGRAPH 2. SEE SECTION XII, PARAGRAPH 1(A), OF THE CONSENT DECREE. IN ADDITION, FRANKLIN HAS NOT PAID THE CIVIL PENALTY ASSESSED PURSUANT TO SECTION XI OF THE CONSENT DECREE. PURSUANT TO SECTION XI, FRANKLIN WAS REQUIRED TO PAY $50,000 IN CIVIL PENALTIES ($25,000 TO THE UNITED STATES) IN TEN EQUAL INSTALLMENTS BEGINNING THIRTY DAY AFTER THE DATE OF ENTRY OF THE CONSENT DECREE. FRANKLIN HAS MADE ONLY THREE PAYMENTS OF $2,500. DUE TO AN ONGOING SUPERFUND REMOVAL ACTION AT THE FACILITY AND THE ANTICIPATED NEED FOR COST RECOVERY, AND GIVEN THE CONCLUSION OF EPA'S FINANCIAL ABILITY-TO-PAY CONTRACTOR THAT FRANKLIN'S FUNDS ARE SIGNIFICANTLY LIMITED, EPA DOES NOT PRESENTLY WISH TO PURSUE ASSESSMENT OR COLLECTION OF ANY STIPULATED OR CONTEMPT PENALTIES, OR LATE PAYMENT FEES.

Defendants (1)

• FRANKLIN SMELTING AND REFINING CORPNamed in complaintNamed in settlement

Facilities (2)

• FRANKLIN SLAG PILE (MDC)

  3701 CARBON ST (NW CORNER OF CASTER & DELAWARE AVE, PHILADELPHIA, PA, 19134

  Registry ID: 110009322214

• FRANKLIN SLAG PILE (MDC)

  3701 CARBON ST (NW CORNER OF CASTER & DELAWARE AVE, PHILADELPHIA, PA, 19134

  Registry ID: 110009322214

Statutes cited

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

Enforcement conclusions (1)

• FRANKLIN SMELTING & REFININGentered 1997-04-01

  Primary law: CAA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1995-07-11Enforcement Action Data Entered
• 1995-07-11Referred To Dept Of Justice
• 1997-04-01Final Order Lodged
• 1997-04-01Final Order Entered
• 1997-04-01Complaint Filed With Court
• 1997-04-01Concluded
• 2019-04-01Enforcement Action Closed