EPA v. AL SOLUTIONS, INC (NC) (LEAD)

Case summary

On December 19, 2013, U.S. DOJ lodged a consent decree resolving a civil action against AL Solutions, Inc. for violations of Section 112(r) of the CAA. The U.S. alleges that AL Solutions violated Section 112(r) of the Clean Air Act at its facilities located in New Cumberland, West Virginia and Washington, Missouri used for the storage and recycling of titanium and zirconium swarf into an aluminum additive. The CAA Section 112(r) general duty clause requires, in relevant part, that stationary emissions sources (i) identify hazards that may result from an accidental release of titanium and/or zirconium, and (ii) design and maintain a safe facility with respect to both. In response to an explosion at the New Cumberland Facility which killed three workers, EPA Region III determined that AL Solutions failed to conduct an adequate process hazard analysis and had failed to design and maintain the facility taking into account the hazardous and volatile nature of the materials stored and processed there. In Region VII, investigators at the Missouri Facility documented fire hazards including insulation labeled with a combustible warning, residue titanium shavings on the floor, and evidence of previous fires, burned insulation, fire-affected wiring, and titanium sludge covering large areas of the floor. EPA Region VII subsequently determined that AL Solutions had not undertaken hazard assessments for the Washington, Missouri Facility. With respect to both facilities, EPA determined that AL Solutions did not achieve protection equivalent to the industry codes and standards applicable to AL Solutions? processes. In addition, the consent decree resolves West Virginia hazardous waste law violations as set forth in a complaint filed by West Virginia as an intervenor. The United States and AL Solutions have agreed to settle this matter for a civil penalty, which was based on AL Solutions? limited ability to pay. In addition, the consent decree requires that AL Solutions assess the potential hazards associated with its existing and future operations and take measures to prevent accidental releases and minimize the consequences of any releases that occur through a variety of requirements, such as the completion of process hazard analyses, incident investigation, training and audits. The consent decree also sets forth binding time frames by which AL Solutions must process or dispose of titanium and zirconium supplies stockpiled at the facilities in New Cumberland and Weirton, West Virginia, both of which are in areas of environmental justice concern. The proposed consent decree is subject to a 30-day public comment period.

Defendants (1)

• AL SOLUTIONS, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• AL SOLUTIONS

  1000 SOUTH CHESTER STREET, NEW CUMBERLAND, WV, 26047

  Registry ID: 110007896214

Statutes cited

• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• AL SOLUTIONS, INC (NC) (LEAD)entered 2014-02-04

  Primary law: CAA

  Federal penalty: $76,000

Timeline (7 milestones)

• 2012-09-28Referred To Dept Of Justice
• 2012-10-02Enforcement Action Data Entered
• 2013-12-19Final Order Lodged
• 2013-12-19Complaint Filed With Court
• 2014-02-04Concluded
• 2014-02-04Final Order Entered
• 2019-10-03Enforcement Action Closed