EPA v. L&M FABRICATION & MACHINE, INC.

Case summary

On October 28, 2019, the Regional Judicial Officer for EPA-Region III issued a Final Order concluding a proceeding initiated by EPA under the federal Clean Air Act (CAA) against L&M Fabrication and Machine, Inc. (L&M) for multiple violations over a five year period of a hazardous air pollutant emission standard promulgated by EPA under the CAA applicable to L&M's fabricated structural metal manufacturing plant in Bath, Pennsylvania. L&M violated applicable standards and management practices, and monitoring, recordkeeping, notification and reporting requirements for affected welding sources to control emissions of the hazardous air pollutants nickel (a carcinogen) and manganese (a non-carcinogen). The Final Order, which incorporates a Consent Agreement executed by the parties, resolves the alleged past civil violations. The proceeding was initiated by a proposed consent agreement and final order, and associated penalty calculation, transmitted by EPA to L&M as part of a pre-filing settlement opportunity. Under the terms of the settlement, a civil penalty of $201,048 will be paid by L&M. The Pennsylvania Department of Environmental Protection had referred this matter to EPA-Region III.

Defendants (1)

• L&M FABRICATION & MACHINE, INC.Named in complaintNamed in settlement

Facilities (2)

• L&M FABRICATION & MACHINE INC

  6814 CHRISPHALT DR, BATH, PA, 18014

  Registry ID: 110001031302

• L&M FABRICATION & MACHINE, INC.

  6814 CHRISPHALT DR, BATH, PA, 18014

  Registry ID: 110001031302

Statutes cited

• CAA 112K — Area Source MACT
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• L&M FABRICATION & MACHINE, INC.entered 2019-10-28

  Primary law: CAA

  Federal penalty: $201,048

Timeline (4 milestones)

• 2019-10-28Complaint Filed/Proposed Order
• 2019-10-28Final Order Issued
• 2019-11-01Enforcement Action Data Entered
• 2019-11-25Enforcement Action Closed