EPA v. M.W. ASSOCIATES F/K/A METROWEB

Case summary

POTENTIAL VIOLATIONS: 1. RESPONDENT CALCULATED THAT IT HAD THE POTENTIAL TO EXCEED THE VOC EMISSIONS STANDARD OF 100 TONS PER YEAR, IN VIOLATION OF SECTION 308 OF THE CAA. RESPONDENT HAD PREVIOUSLY INSTALLED A CATALYTIC OXIDIZER AIR POLLUTION CONTROL DEVICE BUT, BECAUSE IT DID NOT HAVE A CAA PERMIT, THE REDUCTION OF EMISSIONS PROVIDED BY THE AIR POLLUTION CONTROL DEVICE COULD NOT BE APPLIED TO THE POTENTIAL TO EMIT VOC'S, THUS RESULTING IN A TECHNICAL EXCEEDANCE OF VOC EMISSIONS. METROWEB SUBMITTED A COMPLETE CAA PERMIT APPLICATION TO THE STATE ON 2/18/99. 2. RESPONDENT FAILED TO SUBMIT TIER II FORMS FOR INK STORAGE IN VIOLATION OF SECTION 312 OF EPCRA, AND FAILED TO SUBMIT A NOTIFICATION TO THE LOCAL EMERGENCY PLANNING COMMISSION IN VIOLATION OF SECTION 302 OF EPCRA. METROWEB NOTIFIED THE LEPC OF INK STORAGE IN EXCESS OF 10,000 POUNDS, AND FILED ALL PAST DUE EPCRA TIER II FORMS. 3. METROWEB BELIEVED IT MAY HAVE FAILED TO NOTIFY THE THE STATE OF ITS STATUS AS A SMALL QUALTITY GENERATOR OF HAZARDOUS WASTE UNDER RCRA. AFTER REVIEWING ITS WASTE GENERATION, METROWEB CONFIRMED THAT IT DID NOT GENERATE GREATER THAN 220 POUNDS PER MONTH OF HAZARDOUS WASTE AND THEREFORE DID NOT VIOLATE THE RCRA NOTIFICATION REQUIREMENT. 4. METROWEB BELIEVED IT MAY HAVE EXCEEDED THE STORAGE THRESHOLD FOR OIL STORAGE, REQUIRING IT TO SUBMIT AN SPCC PLAN. AFTER CONDUCTING A DETAILED INVENTORY AND PROCESS EVALUATION, METROWEB CONFIRMED THAT IT DID NOT EXCEED THE OIL STORAGE THRESHOLD AND THEREFORE DID NOT VIOLATE THE SPCC REQUIREMENTS. 5. METROWEB DID NOT KEEP LEAK DETECTION RECORDS FOR REFRIGERANTS OR CFC'S, IN VIOLATION OF SECTION 608 OF THE CAA. A REVIEW OF METROWEB'S MAINTENANCE RECORDS CONFIRMED THAT METROWEB HAD SUFFICIENT DOCUMENTATION TO DETERMINE LEAK RATES AND THEREFORE DID NOT VIOLATE THE CAA REQUIREMENT. 6. METROWEB BELIEVED THAT IT VIOLATED RCRA BY FAILING TO LABEL A PARTS WASHER CONTAINING SOLVENTS, AND BY FAILING TO KEEP A COLD CLEANER CLOSED WHEN NOT IN USE. EPA DETERMINED THAT THESE WERE NOT RCRA VIOLATIONS. 7. METROWEB DID NOT EVALUATE ITS INKJET MACHINE TO DETERMINE IF IT WAS SUBJECT TO THE CAA REQUIREMENTS, IN VIOLATION OF SECTION 502 OF CAA. METROWEB INCLUDED ITS CALCULATIONS AND EVALUATION IN ITS CAA PERMIT APPLICATION, SUBMITTED TO KENTUCKY ON 2/18/99/. 8. METROWEB DID NOT HAVE A WRITTEN EMERGENCY STANDBY PLAN, IN VIOLATION OF SECTION 111 OF CAA. METROWEB HAS COMPLETED ITS STANDBY PLAN, AND MAINTAINS IT ON FILE. 9. METROWEB FAILED TO SUBMIT A NOTICE OF INTENT FOR STORMWATER DISCHARGE, IN VIOLATION OF SECTION 402 OF THE CWA. A NOTICE OF INTENT WAS SUBMITTED TO THE STATE ON FEBRUARY 22, 1999, AND METROWEB HAS PREPARED A STORMWATER PREVENTION POLLUTION PLAN. 10. METROWEB FAILED TO PROPERLY LABEL USED OIL DRUMS, IN VIOLATION OF RCRA 3014. THE USED OIL DRUMS ARE NOW PROPERLY LABELED. 11. METROWEB FAILED TO PROPERLY DISPOSE OF SPENT FLOURESCENT AND MERCURY VAPOR LIGHTS, IN VIOLATION OF SECTION 3002 OF RCRA. METROWEB HAS CONTRACTED WITH A VENDOR TO RECYCLE ITS SPENT LIGHTS. METROWEB DOCUMENTED THAT IT EITHER CORRECTED THE VIOLATIONS, OR DETERMINED THAT A VIOLATION DID NOT OCCUR, ON FEBRUARY 26, 1999. METROWEB ALSO SATISFIED ALL OF THE CONDITIONS SPECIFIED IN EPA'S SELF-DISCLOSURE POLICY. UNDER EPA'S ENFORCEMENT RE

Defendants (2)

• M.W. ASSOCIATESNamed in settlement
• METROWEBNamed in settlement

Facilities (1)

• METROWEB CORPORATION

  1262 COX AVE., ERLANGER, KY, 41018

  Registry ID: 110001964786

Statutes cited

• CAA 502 — Operating Permits (Title V)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 111 — New Source Performance Standards
• EPCRA 302 — Substances and Facilities Covered and Notification
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA OTHER — Violations not covered elsewhere
• RCRA 3014 — Restrictions on Recycled Oil

Enforcement conclusions (1)

• M.W. ASSOCIATES F/K/A METROWEBentered 2000-08-29

  Primary law: RCRA

Timeline (3 milestones)

• 2000-08-29Final Order Issued
• 2000-08-29Enforcement Action Closed
• 2000-09-26Enforcement Action Data Entered