EPA v. AMETEK INC, US CAUGE DIV

Case summary

ON AUGUST 22, 2000, AUTHORIZED EPA AND PADE REPRESENTATIVES CONDUCTED A COMPLIANCE EVALUATION INSPECTION AT THE AMETEK, FACILITY LOCATED AT 900 CLYMER AVENUE, SELLERSVILLE, PA 18960 PURSUANT TO THE CHROME PLAINT NESHAP AND HALOGENATED SOLVENT CLEANING NESHAP. THE INSPECTION WAS PART OF THE REGION'S ONGOING CHROMIUM PLATING NESHAP INITIATIVE. 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 AMETEK REPRESENTATIVES. BASED UPON THE FACTS, EVIDENCE AND INFORMATION OBTAINED DURING THE EPA/PADEP INSPECTION OF THE FACILITY, THE SUPER CAFO ALLEGES THE FOLLOWING CHROME PLATING NESHAP AND HALOGENATED SOLVENT CLEANING NESHAP VIOLATIONS AT THE FACILITY: 1. FAILURE TO MAKE AVAILABLE FOR INSPECTION, UPON THE REQUEST OF A DULY AUTHORIZED REPRESENTATIVE OF THE ADMINISTRATOR, AN OPERATION AND MAINTENANCE PLAN THAT MET EACH OF THE REQUIREMENTS OF 40 C.F.R. SECTION 63.342(F)(3)(I THROUGH (VI), IN VIOLATION OF 40 C.F.R. SECTION 63.342(F)(3) (V); 2. FAILURE TO MAINTAIN AT THE FACILITY RECORDS OF THE PROCESS OPERATING TIMES FOR EACH CHROMIUM ELECTROPLATING TANK IN OPERATION AT THE FACILITY, IN VIOLATION OF 40 C.F.R. SECTION 63.346(B)(11), 63.346(C) AND 63.10(B)(1); 3. FAILURE TO TIMELY SUBMIT TO EPA THE ANNUAL REPORT PERTAINING TO THE FACILITIY'S EXISTING SOLVENT CLEANING MACHINE FOR THE 1999 CALENDAR YEAR, IN VIOLATION OF 40 C.F.R SECTION 63.468(F); AND 4. FAILURE TO TIMELY SUBMIT TO EPA THE SEMIANNUAL EXCEEDANCE REPORT PERTAINING TO THE FACILITY'S EXISTING SOLVENT CLEANING MACHINE FOR THE SECOND CALENDAR HALF OF THE YEAR 1999 AND THE FIRST CALENDAR HALF OF THE YEAR 2000, IN VIOLATION OF 40 C.F.R. SECTION 63.468(H). WITH ADVANCE NOTIFICATION TO THE COMMONWEALTH, ON JUNE 11, 2001, EPA ISSUED THE RESPONDENT A NOTICE OF NONCOMPLIANCE AND REQUEST TO SHOW CAUSE LETTER (NON) OUTLINING THE ALLEGED VIOLATIONS AND INVITING THE RESPONDENT TO NEGOTIATE A SETTLEMENT OF THE INJUNCTIVE RELIEF AND CIVIL PENALTY ISSUES WITH EPA. EPA AND THE RESPONDENT REACHED AGREEMENT ON BOTH MATTERS, RESULTING IN THE NEGOTIATION OF AN ADMINISTRATIVE ORDER BY CONSENT (AOC) THROUGH WHICH THE RESPONDENT WILL REMEDY THE ALLEGED VIOLATIONS AND A CONSENT AGREEMENT AND FINAL ORDER (SUPER CAFO) THROUGH WHICH RESPONDENT WILL PAY A CIVIL PENALTY FOR THE VIOLATIONS ALLEGED.

Defendants (1)

• AMETEK, INC US CAUGE DIVISIONNamed in complaintNamed in settlement

Facilities (3)

• AMETEK INCORPORATED U S GAUGE DIVISION

  900 CLYMER AVE., SELLERSVILLE, PA, 18960

  Registry ID: 110000335824

• AMETEK INCORPORATED U S GAUGE DIVISION

  900 CLYMER AVE., SELLERSVILLE, PA, 18960

  Registry ID: 110000335824

• AMETEK INCORPORATED U S GAUGE DIVISION

  900 CLYMER AVE., SELLERSVILLE, PA, 18960

  Registry ID: 110000335824

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• AMETEK INC, US CAUGE DIVISIONentered 2001-09-25

  Primary law: CAA

  Federal penalty: $5,000

Timeline (4 milestones)

• 2001-08-23Enforcement Action Data Entered
• 2001-09-25Complaint Filed/Proposed Order
• 2001-09-25Final Order Issued
• 2001-09-27Enforcement Action Closed