EPA v. S.H. BELL (NATIONAL CASE)

Case summary

EPA determined that the City of East Liverpool, Ohio and the neighboring Borough of Glasgow, Pennsylvania face an imminent and substantial public health endangerment from human inhalation of airborne manganese particles. Bell stores and processes ferrous and nonferrous materials, including manganese, at its raw products storage and material handling facility (Facility) located on the Ohio-Pennsylvania border. The settlement greatly reduces the likelihood that Bell?s future manganese emissions will cause or contribute to a public health endangerment from inhaling airborne manganese particles. Under the settlement, Bell will implement a comprehensive package of injunctive relief to accomplish immediate and long-term reductions in fugitive manganese emissions in tandem with fence-line monitoring at the Facility. The injunctive relief includes ceasing the crushing of manganese until Bell installs and operates a baghouse on a crushing operation, installing doors on several of its storage buildings, restrictions on unloading manganese, upgrades to Bell?s existing baghouses, and other fugitive dust control measures. The monitoring system provides for Bell conducting daily air sampling to determine the ambient manganese concentrations. When a monitor records manganese levels exceeding certain action levels for specified averaging periods, the consent decree requires Bell to conduct a Root Cause Analysis to determine all equipment or facility processes causing the elevated ambient manganese levels. When performing Root Case Analysis, Bell will incorporate information produced from two new sources Bell must perform under the settlement: (1) a tracking system for its manganese handling and processing activities at the Facility; and (2) digital recording of all unloading, transfer and loading operations at the Facility that involve manganese. Once Bell determines all likely sources of the elevated manganese concentrations, the consent decree requires it to implement appropriate corrective actions to reduce future manganese emissions. The consent decree also requires Bell to suspend certain manganese handling and processing operations when the monthly manganese concentration measurements reaches a defined level.

Defendants (1)

• S.H. BELL COMPANYNamed in complaintNamed in settlement

Facilities (2)

• S.H. BELL COMPANY

  101 STATE ROUTE 68, MIDLAND, PA, 15059

  Registry ID: 110070004911

• S.H. BELL COMPANY

  101 STATE ROUTE 68, MIDLAND, PA, 15059

  Registry ID: 110070004911

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CERCLA 106A — Imminent & Substantial Endangerment Order
• CAA 303 — Imminent/Substantial Endangerment

Enforcement conclusions (1)

• S.H. BELL (NATIONAL CASE)entered 2018-02-14

  Primary law: CAA

Timeline (6 milestones)

• 2016-09-30Referred To Dept Of Justice
• 2016-10-11Enforcement Action Data Entered
• 2017-01-18Final Order Lodged
• 2017-01-18Complaint Filed With Court
• 2018-02-14Final Order Entered
• 2026-04-09Enforcement Action Closed