EPA v. K & L PLATING CO., INC.

Case summary

ON JANUARY 5, 2001, AUTHORIZED EPA AND PADEP REPRESENTATIVES OF EPA CONDUCTED AN INSPECTION AT THE K&L PLATING, INC. FACILITY, LOCATED AT 524 EAST MIFFLIN STREET, LANCASTER, PA PURSUANT TO THE CHROME PLATING MACT. AS PART OF THE INSPECTION ACTIVITIES, THE EPA/PADEP INSPECTORS TOURED THE FACILITY, REVIEWED FACILITY RECORDS AND WERE PROVIDED WITH AN EXPLANATION OF FACILITY OPERATIONS BY A K & L REPRESENTATIVE. BASED UPON THE FACTS, EVIDENCE AND INFORMATION OBTAINED DURING THE EPA/PADEP INSPECTION FO THE FACILITY, EPA'S NON ALLEGES THE FOLLOWING CLEAN AIR ACT/CHROME PLATING MACT VIOLATIONS AT THE FACILITY: 1. FAILURE TO PROVIDE EPA WITH AN INITIAL NOTIFICATION THAT IDENTIFIED THE FACILITY AS SUBJECT TO THE 40 C.F.R. SECTION 63.342(D) STANDARDS OF DECORATIVE CHROME ELECTROPLATING TANKS USING A CHROMIC ACID BATH AND CHROMIUM ANODIZING TANKS, IN ACCORD WITH THE REQUIREMENTS OF 40 C.F.R SECTION 63.9(B)(2). 2. FAILURE TO CONDUCT A PERFORMANCE TEST WITHIN 180 DAYS AFTER BECOMING SUBJECT TO THE REQUIREMENTS OF 40 C.F.R. SECTION 63.343(A)(I) AND TO PROVIDE EPA WITH AT LEAST 60 CALENDAR DAYS PRIOR WRITTEN NOTICE OF ITS INTENT TO CONDUCT SUCH PERFORMANCE TEST, IN ACCORD WITH THE REQUIREMENTS OF 40 C.F.R. SECTION 60.7(A)(2)(III) (PERFORMANCE TESTING REQUIREMENTS), 60.7(B)(NOTIFICATION OF PERFORMANCE TEST) AND 63.343(B)(1)(METHODS TO DEMONSTRATE INITIAL COMPLIANCE); 3. FAILURE TO CONDUCT THE REQUIRED INITIAL PERFORMANCE TEST (OR MULTIPLE PERFORMANCE TESTS) NECESSARY TO ESTABLISH THE REQUIRED SITE-SPECIFIC OPERATING PARAMETERS VALUES FOR THE FACILITY'S PACKED-BED SCRUBBER SYSTEM, IN ACCORD WITH THE REQUIREMENTS OF 40 C.F.R. SECTION 63.343(C)(2)(I); 4. FAILURE OT HAVE OR MAINTAIN AT THE FACILITY AN OPERATION AND MAINTENANCE PLAN THAT MET ANY OF THE REQUIREMENTS OF 40 C.F.R. SECTION 63.342(F)(3)(I)(A) THROUGH (E); 5. FAILURE TO MAINTAIN AT THE FACILITY THOSE RECORDS REQUIRED PURSUANT TO 40 C.F.R. SECTION 63.346(B)(1), (2), (5), (8), (11) AND (16); AND 6. FAILURE TO PROVIDE EPA AND PADEP WITH AN INITIAL NOTIFICATION THAT IDENTIFIED THE FACILITY'S DECORATIVE CHROMIUM PLATING TANK AS AN AFFECTED SOURCE, IN ACCORD WITH 40 C.F.R. SECTION 63.347(C)(INITIAL NOTIFICATIONS) AND 63.9(B)(2), OR TO PROVIDE EPA AND PADEP WITH ANY OF THE REPORTS REQUIRED PURSUANT TO 40 C.F.R. SECTION 63.347(D) (NOTIFICATION OF PERFORMANCE TEST), 63.347(E)(NOTIFICATION OF COMPLIANCE STATUS), 63.347(F)(REPORTS OF PERFORMANCE TEST RESULTS) OR 63.347(G)(3)(CONTENTS OF ONGOING COMPLIANCE STATUS REPORTS.

Defendants (1)

• K & L PLATING CO., INC.Named in complaintNamed in settlement

Facilities (1)

• K&L PLATING COMPANY

  524 E MIFFLIN ST, LANCASTER, PA, 176020000

  Registry ID: 110000817787

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• K & L PLATING CO., INC.entered 2001-07-10

  Primary law: CAA

Timeline (3 milestones)

• 2001-06-06Enforcement Action Data Entered
• 2001-07-10Complaint Filed/Proposed Order
• 2001-07-10Final Order Issued