EPA v. STONEY RIDGE FABRICATORS, LLC

Case summary

On November 19, 2024, EPA Region 3 issued an Administrative Compliance Order on Consent (Order) to Stoney Ridge Fabricators, LLC (Stoney Ridge), the owner and operator of a custom plate and miscellaneous steel fabrication facility located at 945 Mauch Chunk Road in Palmerton, Pennsylvania (Facility). Based on a May 11, 2022 inspection and responses to February 28, 2023, May 16, 2024 and June 10, 2024 EPA information request letters, the EPA has determined that Stoney Ridge is subject to the National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and Finishing Source Categories, codified at 40 C.F.R. Part 63, Subpart XXXXXX (?Metal Fabricating and Finishing NESHAP?) based on information showing that: (1) the Facility is an area source because, upon information and belief, it emits and likely has a potential to emit less than 10 tpy or more of any single hazardous air pollutant ( HAP ) and less than 25 tpy or more of any combination of HAP; (2) Respondent commenced construction or reconstruction of the equipment necessary to perform machining operations before April 3, 2008; (3) at least 50 percent of production at the Facility involves fabricating metal products or plate work, and (4) the Facility conducts machining operations that on occasion uses material containing cadmium, chromium, lead, or nickel in amounts greater than or equal to 0.1 percent by weight (as the metal), or manganese in amounts greater than or equal to 1.0 percent by weight (as the metal), or material that has the potential to emit cadmium, chromium, lead, manganese, or nickel, or any of these metals in the elemental form, with the exception of lead. Based on a May 11, 2022 inspection and responses to February 28, 2023, May 16, 2024 and June 10, 2024 EPA information request letters, the EPA further determined that: Respondent failed to submit an Initial Notification, a Notification of Compliance Status, and Annual Certification and compliance reports required by the Metal Fabricating and Finishing NESHAP, Respondent failed to demonstrate that it is complying with the standards and management practices for machining required by the Metal Fabricating and Finishing NESHAP, Respondent failed to demonstrate that it is complying with the monitoring provisions of the Metal Fabricating and Finishing NESHAP, and Respondent failed to demonstrate that it is complying with the record keeping provisions of the Metal Fabricating and Finishing 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 an Initial Notification and, for each supply of metals it receives, to determine and document whether it is regulated ?material containing metal fabrication and finishing HAP (or MFHAP) as defined by the Metal Fabricating and Finishing NESHAP. When using regulated material containing MHAP , the Order further requires Respondent to comply with the standards and management practices, monitoring, and notification, record-keeping and reporting requirements of Metal Fabricating and Finishing NESHAP, including submitting a Notification of Compliance Status, and Annual Certification and compliance reports. Though the Facility is not located in an area of potential EJ concern, this action seeks to ensure that facilities that work with hazardous air pollutants comply with applicable federal work practice, reporting and record keeping requirements, minimizing the risk of potential harm to neighboring communities and the environment. Pennsylvania has been notified of this action and has not raised any objections.

Defendants (1)

• STONEY RIDGE FABRICATORS, LLCNamed in settlement

Facilities (4)

• STONEY RIDGE FABRICATORS

  945 MAUCH CHUNK RD., PALMERTON, PA, 18071

  Registry ID: 110071269074

• STONEY RIDGE FABRICATORS, LLC

  945 MAUCH CHUNK ROAD, PALMERTON, PA, 18071

  Registry ID: 110071269074

• STONEY RIDGE FABRICATORS

  945 MAUCH CHUNK RD., PALMERTON, PA, 18071

  Registry ID: 110071269074

• STONEY RIDGE FABRICATORS, LLC

  945 MAUCH CHUNK ROAD, PALMERTON, PA, 18071

  Registry ID: 110071269074

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112K — Area Source MACT
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• STONEY RIDGE FABRICATORS, LLCentered 2024-11-19

  Primary law: CAA

Timeline (4 milestones)

• 2024-11-19Final Order Issued
• 2024-11-20Enforcement Action Data Entered
• 2025-11-20Enforcement Action Closed
• 2025-11-20Air Resolved