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/PAEP 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 OBATAINED DURING THE EPA/PADEP INSPECTION OF THE FACILITY, EPA'S COMPLAINT THE FOLLOWING CLEAN AIR ACT/CHROME PLATING MACT VIOLATIONS AT THE FACILITY: 1. FACILITY TO PROVIDE EPA WITH AN INITIAL NOTIFICATION THAT IDENTIFIED THE FACILITY AS SUBJECT TO THE 40 CFR SECTION 63.342(D) STANDARDS OF DECORATIVE CHROME ELECTROPLATING TANKS USING A CHROMIC ACIDE BATH AND CHROMIUM ANODIZING TANKS, IN ACCORD WITH THE REQUIREMENTS OF 40 C.F.R. SECTION 62.39(B)(2); 2. FAILURE TO CONDUCT A PERFORMANCE TEST WITHIN 180 DAYS AFTER BECOMING SUBJECT TO THE REQUIREMENTS OF 40 CFR 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 OF DEMONSTRATE INITIAL COMPLIANCE); 3. FAILURE TO CONDUCT THE REUQIRED INITIAL PERFORMANCE TEST (OR MULTIPLE PERFORMANCE TESTS) NECESSARY TO ESTABLISH THE REQUIRED SITE-SPECIFIC OPERATING PARAMETER VALUES FOR THE FACILITY'S PACKED-BED SCRUBBER SYSTEM, IN ACCORDANCE WITH THE REQUIREMENTS OF 40 C.F.R. SECTION 63.343(C)(2)(I); 4. FAILURE TO HAVE OR MAINTAIN AT THE FACILITY AN OPERATION AND MAINTENANCE PLAN THAT MET ANY OF THE 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 IDENTIFIE THE FACILITY'S DECORATIVE CHROMIUM PLATING TANK AS AN AFFECTED SOURCE, IN ACCORDANCE 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 63.47(G)(3) (CONTENTS OF ONGOING COMPLIANCE STATUS REPORTS).

Defendants (1)

• K & L PLATING CO, INCNamed 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, INCentered 2002-03-08

  Primary law: CAA

  Federal penalty: $3,000

Timeline (4 milestones)

• 2001-12-17Enforcement Action Data Entered
• 2002-03-08Complaint Filed/Proposed Order
• 2002-03-08Final Order Issued
• 2002-04-15Enforcement Action Closed