EPA v. FELMAN PRODUCTION, LLC

Case summary

On 8/8/18, the U.S. District Court for the Southern District of West Virginia entered an Amended Consent Decree implementing a settlement with Felman Production, LLC (Felman) providing for injunctive relief to address fugitive particulate emissions containing hazardous air pollutants from the facility's Shop Building, and civil penalties to resolve multiple CAA violations alleged in a Complaint. Felman's facility located in Letart, WV is one of only two (2) plants in the United States that produces silicomanganese, an additive used in the manufacturing of steel. The provisions of the Consent Decree require Felman to improve the Shop Building's fugitive emission capture system by, among other things, installing a new baghouse to capture emissions at the roofline; install and operate flow meters and video cameras directed at the Shop Building to monitor the efficacy of the control system; demonstrate compliance with applicable opacity requirements; and implement other injunctive measures. The settlement also resolves claims against Felman by the West Virginia Department of Environmental Protection. Felman will pay a civil penalty of $200,000, which will be split between the federal and state agencies.

Defendants (1)

• FELMAN PRODUCTION LLCNamed in complaintNamed in settlement

Facilities (3)

• FELMAN PRODUCTION, LLC, LETART

  US ROUTE 62 NORTH, LETART, WV, 25253

  Registry ID: 110007875549

• FELMAN PRODDUCTION LLC

  442 GRAHAM STATION RD, NEW HAVEN, WV, 25265

  Registry ID: 110070254425

• FELMAN PRODUCTION, LLC, LETART

  US ROUTE 62 NORTH, LETART, WV, 25253

  Registry ID: 110007875549

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 112D — MACT Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• FELMAN PRODUCTION, LLCentered 2018-08-08

  Primary law: CAA

  Federal penalty: $100,000 · State/local: $100,000

Timeline (5 milestones)

• 2013-09-27Referred To Dept Of Justice
• 2013-09-30Enforcement Action Data Entered
• 2018-06-06Complaint Filed With Court
• 2018-06-06Final Order Lodged
• 2018-08-08Final Order Entered