EPA v. WEST VIRGINIA MANUFACTURING, LLC

Case summary

On May 5, 2021, a Consent Agreement and Final Order entered into by EPA and WVA Manufacturing, LLC ( Respondent ) was filed with the Regional Hearing Clerk settling alleged violations of the Clean Air Act. The violations were discovered as a result of a review of Respondent's responses to a March 8, 2019 Section 114(a) Information Request Letter documenting emissive events at furnace and non-furnace emission units at Respondent's ferroalloy production facility located at or near Alloy, West Virginia. As alleged in the Consent Agreement and Final Order, Respondent's responses evidence violations of applicable WV SIP opacity limits on nine (9) occasions at Furnaces 3, 6, 7, 14 and 15 from February 5, 2016 through October 12, 2018; violations of the WV SIP requirement to minimize emissions of fugitive particulate matter at six (6) non-furnace emissions units from January 1, 2016 through December 19, 2018; and violations of corresponding provisions of Respondent?s Title V operation permit. The violations have the potential for excess fugitive particulate matter emissions from Respondent?s facility, which scientific studies have shown to contribute to decreased lung function and increased respiratory symptoms, such as irritation of the airways, coughing or difficulty breathing. The area surrounding Respondent?s facility is considered to be in an area of potential EJ concern according to Region III?s protocol. According to the Consent Agreement and Final Order, Respondent is assessed a penalty in the amount of one hundred and eighty-two thousand three hundred and fifty dollars ($182,350). WVDEP was notified of this action and has raised no objection.

Defendants (1)

• WEST VIRGINIA MANUFACTURING, LLCNamed in complaintNamed in settlement

Facilities (1)

• WEST VIRGINIA MANUFACTURING, LLC

  ROUTE 60 EAST, ALLOY, WV, 25002

  Registry ID: 110010874535

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• WEST VIRGINIA MANUFACTURING, LLCentered 2021-05-05

  Primary law: CAA

  Federal penalty: $182,350

Timeline (4 milestones)

• 2021-05-05Complaint Filed/Proposed Order
• 2021-05-05Final Order Issued
• 2021-05-11Enforcement Action Closed
• 2021-05-12Enforcement Action Data Entered