EPA v. LOGAN ALUMINUM, INC.

Case summary

8/1/05 - EPA ALLEGES THAT LOGAN ALUMINUM, INC. (LOGAN) VIOLATED THE HAZARDOUS AIR POLLUTANT PROVISIONS OF SECTION 112 OF THE CAA IMPLEMENTED BY THE REGULATIONS AT 40 CFR PART 63, SUBPART RRR (SECONDARY ALUMINUM PRODUCTION), ALSO KNOWN AS THE SECONDARY ALUMINUM MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) REGULATIONS. IN FISCAL YEAR 2005, EPA'S OFFICE OF ENFORCEMENT AND COMPLIANCE REQURESTED THE REGIONS SELECT THREE MACT REGULATIONS TO FOCUS ENFORCEMENT OF SUBSTANTIAL NONCOMPLIANCE. REGION 4 SELECTED THE SECONDARY ALUMINUM MACT AS ONE OF ITS ENFORCEMENT PRIORITIES. ADDITIONALLY, LOGAN VIOLATED PROVISIONS OF ITS TITLE V PERMIT THAT IMPLEMENT THE SECONDARY ALUMINUM MACT REQUIREMENTS. SECTION 502(A) OF THE CAA SPECIFIES THAT ANY VIOLATION OF A CONDITION IN A TITLE V PERMIT IS UNLAWFUL. LOGAN MANUFACTURES ALUMINUM SHEETS THAT RAE USED IN THE BEVERAGE AND AUTOMOTIVE INDUSTRIES. LOGAN IS JOINTLY OWNED BY ARCO ALUMINUM, INC., AND NOVELIS, INC. (A SPIN OFF OF ALCAN). THE VIOLATIONS ALLEGED IN THE REFERRAL WERE IDENTIFIED DURING A FULL AIR COMPLIANCE EVALUATION AT LOGAN'S SECONDARY ALUMINUM PRODUCTION FACILITY IN RUSSELLVILLE, KY, CONDUCTED ON MARCH 9-10, 2004, BY EPA AND THE KY DEPT FOR ENVIRONMENTAL PROTECTION. THE VIOLATIONS ALLEGED INCLUDE: POTENTIAL EMISSIONS EXCEEDANCES OF PARTICULATE MATTER AND HYDROGEN CHLORIDE, VIOLATING OPERATING REQUIREMENT PARAMETERS, FAULTY PERFORMANCE TESTING, AND INADEQUATE/INVALID MONITORING. ADDITIONALLY, REGION 4 REFERRED NUMEROUS REPORTING VIOLATIONS. EPA IS SEEKING INJUNCTIVE RELIEF SUCH THAT LOGAN COMES INTO COMPLIANCE WITH THE MACT. ADDITIONALLY, EPA HAS CALCULATED APPROX 1.7 MILLION DOLLARS AS A PRELIMINARY PENALTY CALCULATION 12/8/10 - ON DECEMBER 8, 2010, THE DEPARTMENT OF JUSTICE, ON BEHALF OF EPA, FILED A COMPLAINT AND LODGED A CONSENT DECREE, ENTERED INTO WITH LOGAN ALUMINUM, INC., IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF KENTUCKY. THE CONSENT DECREE RESOLVES CLAIMS OF THE UNITED STATES AND THE COMMONWEALTH OF KENTUCKY UNDER THE CLEAN AIR ACT, FOR ALLEGED VIOLATIONS OF THE CLEAN AIR'S NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SECONDARY ALUMINUM PRODUCTION OCCURRING AT LOGAN ALUMINUM, INC'S RUSSELLVILLE, KENTUCKY SECONDARY ALUMINUM FACILITY. 3/15/11 - ON DEC 8, 2010, DOJ, ON BEHALF OF EPA, FILED A COMPLAINT AND LODGED A CD. THE CD RESOLVES CLAIMS OF THE U.S. AND THE COMMONEALTH OF KY UNDER THE CAA, FOR ALLEGED VIOLATIONS OF THE CAA'S NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SECONDARY ALUMINUM PRODUCTION OCCURRING AT LOGAN ALUMINUM, INC., RUSSELLVILLE, KY, SECONDARY ALUMINUM FACILITY. UNDER THE TERMS OF THE CD, LOGAN ALUMINUM, INC., WILL PAY A CIVIL PENALTY OF $285,000 AND INSTALL A BAGHOUSE OF ONE OF ITS FURNACE'S CAPTURE/COLLECTION SYSTEMS.

Defendants (1)

• LOGAN ALUMINUM, INC.Named in complaintNamed in settlement

Facilities (6)

• LOGAN ALUMINUM INC

  6920 LEWISBURG RD, RUSSELLVILLE, KY, 42276

  Registry ID: 110043784982

• LOGAN ALUMINUM INC

  6920 LEWISBURG RD, RUSSELLVILLE, KY, 42276

  Registry ID: 110043784982

• LOGAN ALUMINUM INC

  6920 LEWISBURG RD, RUSSELLVILLE, KY, 42276

  Registry ID: 110043784982

• LOGAN ALUMINUM INC

  6920 LEWISBURG RD, RUSSELLVILLE, KY, 42276

  Registry ID: 110043784982

• LOGAN ALUMINUM INC

  6920 LEWISBURG RD, RUSSELLVILLE, KY, 42276

  Registry ID: 110043784982

• LOGAN ALUMINUM INC

  6920 LEWISBURG RD, RUSSELLVILLE, KY, 42276

  Registry ID: 110043784982

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• LOGAN ALUMINUM, INC. (04-2011-C008)entered 2011-03-15

  Primary law: CAA

  Federal penalty: $142,500 · State/local: $142,500

Timeline (8 milestones)

• 2005-08-01Referred To Dept Of Justice
• 2005-09-30Enforcement Action Data Entered
• 2010-12-08Final Order Lodged
• 2010-12-08Complaint Filed With Court
• 2011-03-15Concluded
• 2011-03-15Final Order Entered
• 2015-06-24Enforcement Action Closed
• 2015-06-24Air Resolved