EPA v. INDUSTRAPLATE CORP (INDUSTRAPLATE CORPORATION)

Case summary

On March 16, 2023, EPA Region III issued an Administrative Compliance Order on Consent (Order) to Industraplate Corp. (Industraplate), the owner and operator of a metal coating facility located at 5 Jmaes Court in Wilmington, Delaware (Facility). While exempt from permitting, Industraplate is subject to Delaware SIP permitting-related requirements in that its anodize bath process is registered requiring Industraplate to maintain records which document that it meets the registration requirements (i.e., has actual emissions of any air contaminant, or contaminants in the aggregate, that are equal to or greater than 0.2 pounds per day, and that are less than 10 pounds per day during each and every); and in that Industraplate is required to maintain records documenting that its other processes - including nickel, cadmium, copper and sulfuric etch plating operations qualify for the exemption from permitting and registration (i.e., have actual emissions of any air contaminant, or contaminants in the aggregate, that are less than 0.2 pounds per day). Respondent is also subject to the Area Source Plating and Polishing NESHAP because its plating operations include tanks as part of its plating and other operations, some of which use compounds that contain cadmium, chromium, lead or nickel in amounts of 0.1 percent or more by weight, or manganese in amounts of 1.0 percent or more by weight. EPA obtained information as part of its investigation showing that: Respondent is failing to quantify actual emissions from its various operations to demonstrate that they either meet the registration requirements (e.g., anodizing operations), or qualify for the exemption from permitting and registration, and Respondent has not submitted an Initial Notification, Notification of Compliance Status, or annual certifications, and is failing to maintain records, required by the Area Source Plating and Polishing NESHAP. The Order, to be issued under the authority of Section 113(a) of the Clean Air Act, 42 U.S.C. 7413(a)(3), requires Respondent to submit proposed methods for calculating actual emission and demonstrating compliance with DE SIP permitting-related regulations for EPA review and approval; as well as to submit an Initial Notification, Notification of Compliance Status and an initial annual certification, and to keep records as required by the Area Source Plating and Polishing NESHAP. The Facility is located in an area of potential EJ concern. This case seeks to ensure that facilities that work with hazardous air pollutants meet state permitting requirements and comply with applicable federal work practice, reporting and record keeping requirements, minimizing the risk of potential harm to neighboring communities and the environment, which is especially important in potential EJ areas. The Area Source Plating and Polishing NESHAP is not delegated to Delaware, but Delaware has been notified of this action and has not raised any objections.

Defendants (1)

• INDUSTRAPLATE CORPNamed in settlement

Facilities (2)

• INDUSTRAPLATE CORP

  5 JAMES STREET, WILMINGTON, DE, 19801

  Registry ID: 110038640913

• INDUSTRAPLATE CORPORATION

  5 JAMES STREET, WILMINGTON, DE, 19801-5251

  Registry ID: 110038640913

Statutes cited

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

Enforcement conclusions (1)

• INDUSTRAPLATE CORP (INDUSTRAPLATE CORPORATION)entered 2023-03-16

  Primary law: CAA

Timeline (3 milestones)

• 2023-03-16Final Order Issued
• 2023-03-17Enforcement Action Data Entered
• 2024-03-16Enforcement Action Closed