EPA v. MCWANE; AMEREX CORPORATION; M & H VALVE COMPANY; EMPIRE COKE COMPANY (NATIONAL CASE) (LEAD)

Case summary

McWane Inc., a nat?l cast iron pipe manufacturer hq?d in Birmingham, AL., has agreed to pay $4 million to resolve more than 400 violations of fed and state environmental laws. Settlement covers 28 of McWane?s mfg facilities in 14 states and also requires the company to perform 7 environmental projects valued at $9.1 million. The $4 million penalty will be divided among the U.S, AL and IA. The environmental projects McWane will perform address stormwater contamination at numerous locations; reduce mercury emissions in Provo, UT and Tyler, TX; reduce VOCs emissions in Bedford, IN and Anniston, AL.; and enhance air quality in Coshocton, OH. McWane has already undertaken corrective measures to resolve violations, at a cost of more than $7.6 million. The settlement resolves civil violations over the past decade of CAA, CWA, RCRA, EPCRA, TSCA, SDWA, and CERCLA, as alleged by the U.S., AL, and IA in the complaint. McWane manufactures cast iron pipes, valves, fittings, fire hydrants, propane and compressed air tanks and other similar products. As a result of its mfg processes, McWane emits pollutants, such as particulate matter, VOCs and mercury at various facilities. The environmental projects included in the settlement will result in reduction of more than 4 million pounds of pollutants annually.The corrective measures and supplemental environmental projects included in the settlement will benefit communities in N. Birmingham and Anniston with env justice concerns. The U.S. also required McWane to develop and implement a corporate-wide environmental mgmt system (EMS) to promote environmental compliance, achieve pollution prevention and enhance overall environmental performance. The EMS was implemented prior to today?s filing and is now complete. The agmt now requires McWane to conduct an audit of the EMS to evaluate the adequacy of the system. In addition, McWane has modified its corporate-wide stormwater pollution prevention plan and will develop or upgrade facility-specific plans as part of the agreement. At its Coshocton, Ohio iron foundry, McWane will operate a cupola furnace, which is a particulate emissions source, in accordance with its newly-revised CAA Title V permit. The CD further establishes operating conditions and emission limits for the cupola furnace, and is separately enforceable by EPA. In the past, multiple McWane divisions and facilities have been the subject of criminal investigations that have resulted in five fed prosecutions. As a result, company has paid more than $25 million in criminal fines and penalties and spent approx $5 million on environmental projects. Company executives have been sentenced to prison terms of up to 70 months and the company and certain executives have been placed on probation. ?This is a comprehensive settlement that brings McWane into full env compliance 28 facilities nationwide, and imposes a penalty on the company for its civil environmental violations at those facilities over the past decade,? said Ignacia S. Moreno, Asst Atty General for the Environment and Natural Resources Division. ?As a result of this agmt, McWane has completely re-engineered its env mgmt systems to ensure that it remains in compliance, and has committed over $9 million to env projects that will remove significant amounts of pollutants from the environment and benefit the surrounding communities.?

Defendants (4)

• AMEREX CORPORATION
• M & H VALVE COMPANY
• EMPIRE COKE COMPANY
• MCWANE, INC.Named in complaintNamed in settlement

Facilities (21)

• AMEREX CORPORATION

  7595 GADSDEN HIGHWAY, TRUSSVILLE, AL, 35173

  Registry ID: 110000366540

• M&H VALVE COMPANY LANDFILL

  1251 PARKWOOD DRIVE, ANNISTON, AL, 36201

  Registry ID: 110009065947

• TYLER UNION, A DIVISION OF MCWANE, LLC

  1501 W. 17TH STREET, ANNISTON, AL, 36201

  Registry ID: 110000368815

• AMEREX CORPORATION

  7595 GADSDEN HIGHWAY, TRUSSVILLE, AL, 35173

  Registry ID: 110000366540

• AMEREX CORPORATION

  7595 GADSDEN HIGHWAY, TRUSSVILLE, AL, 35173

  Registry ID: 110000366540

• AMEREX CORPORATION

  7595 GADSDEN HIGHWAY, TRUSSVILLE, AL, 35173

  Registry ID: 110000366540

• M&H VALVE COMPANY, A DIVISION OF MCWANE, LLC

  605 W 23RD ST, ANNISTON, AL, 36201

  Registry ID: 110003032263

• EMPIRE COKE COMPANY

  3200 MAIN ST. N.E., TUSCALOOSA, AL, 35404

  Registry ID: 110000367166

• RICE CHAPEL MINE

  MCWANE INCORPORATION, WALKER COUNTY, AL, 00000

  Registry ID: 110010069709

• AMEREX CORPORATION

  7595 GADSDEN HIGHWAY, TRUSSVILLE, AL, 35173

  Registry ID: 110000366540

• M&H VALVE COMPANY, A DIVISION OF MCWANE, LLC

  605 W 23RD ST, ANNISTON, AL, 36201

  Registry ID: 110003032263

• TYLER UNION, A DIVISION OF MCWANE, LLC

  1501 W. 17TH STREET, ANNISTON, AL, 36201

  Registry ID: 110000368815

• TYLER UNION, A DIVISION OF MCWANE, LLC

  1501 W. 17TH STREET, ANNISTON, AL, 36201

  Registry ID: 110000368815

• EMPIRE COKE COMPANY

  3200 MAIN ST. N.E., TUSCALOOSA, AL, 35404

  Registry ID: 110000367166

• AMEREX CORPORATION

  7595 GADSDEN HIGHWAY, TRUSSVILLE, AL, 35173

  Registry ID: 110000366540

• …and 6 more

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• TSCA 6-PCBS — PCBS
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 301/402 — NPDES Permit Violations
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• SDWA 1422/1423 — UIC Regulations Classes I - V
• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• MCWANE; AMEREX CORPORATION; M & H VALVE COMPANY; EMPIRE COKE COMPANY (NATIONAL CASE) (LEAD)entered 2010-09-20

  Primary law: CWA

  Federal penalty: $825,616 · State/local: $332,000 · SEP: $3,973,800

Timeline (9 milestones)

• 2005-04-01Referred To Dept Of Justice
• 2005-04-05Enforcement Action Data Entered
• 2010-01-14Supplemental Referral-Other
• 2010-07-14Final Order Lodged
• 2010-07-14Complaint Filed With Court
• 2010-09-20Final Order Entered
• 2010-09-20Concluded
• 2018-02-26Enforcement Action Closed
• 2018-02-26NPDES Closed