EPA v. SOUTHWIRE COMPANY

Case summary

THE VIOLATIONS DESCRIBED IN THE REFERRAL WERE IDENTIFIED DURING AN EPA FULL AIR COMPLIANCE EVALUATION AT THE SOUTHWIRE FACILITY ON STATE ROUTE 271 NORTH IN HAWESVILLE, KY. A FULL AIR COMPLIANCE INSPECTION MUST INCLUDE PHYSICALLY VISITING A FACILITY AND REVIEWING ALL REQUIRED REPORTS AND UNDERLYING REPORTS, THE TITLE V ANNUAL COMPLIANCE CERTIFICATIONS, AND THE PROCESS PARAMETERS AND COMPLIANCE TESTS. THE FULL COMPLIANCE EVALUATION WAS CONDUCTED ON JULY 12/13 12, 2004. AS A RESULT OF THAT FULL COMPLIANCE EVALUATION, EPA HAS DETERMINED THAT SOUTHWIRE HAS VIOLATED VARIOUS PROVISIONS OF THE CAA. A. SPECIFICALLY, SOUTHWIRE HAS VIOLATED THE HAZAROUS AIR POLLUTANT PROVISION OF SECTION 112 OF CAA, AS IMPLEMENTED BY REGULATIONS AT 40 CFR PART 63, SUBPART A (GENERAL PROVISIONS), AND SUBPART RRR (NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SECONDARY ALUMINUM PRODUCTION). THESE VIOLATIONS INCLUDE: 1. SOUTHWIRE FAILED TO CALCULATE THE EMISSION LIMITS OF PARTICULATE MATTER (PM) AND HYDROGEN CHLORINE (HCI) FOR THE EXISTING SECONDARY ALUMINUM PROCESSING UNIT (IN-LINE FLUXER LOCATED IN MILL 3, MELTING FURNACES #1, #2, AND #3, HOLDING FURNACES #1, #2, #3, AND #4, AND COMBINATION FURNACES #5 AND #6) AS REQUIRED BY 40 CFR SECTION 63.1505(k), TO MAINTAIN THE OPERATION, MAINTENANCE AND MONITORING PLAN AS REQUIRED BY 40 CFR 63.1510(b), SECTION 63.1510(s), AND SECTION 63.1513(e) AND TO CALCULATE AND RECORD THE 3-DAY, 24-HOUR ROLLING EMISSIONS FOR PM AND HCI FOR THE EXISTING SECONDARY ALUMINUM PROCESSING UNIT (IN-LINE FLUXER LOCATED IN MILL 3, MELTING FURNACES #1, #2, AND #3, HOLDING FURNACES #1, #2, #3, AND #4, AND COMBINATION FURNACES #5, AND $6), AS REQUIRED BY 40 CFR 63.1510(t) AND 40 CFR 63.1517(b)(17); 2. SOUTHWIRE FAILED TO CALCULATE THE EMISSION LIMITS OF PARTICULATE MATTER (PM) AND HYDROGEN CHLORINE (HCI) FOR THE NEW SECONDARY ALUMINUM PROCESSING UNIT (IN-LINE FLUXERS LOCATED IN MILLS 1 AND 2) AS REQUIRED BY 40 CFR 63.1505(k), TO MAINTAIN THE OPERATION, MAINTENANCE AND MONITORING PLAN AS REQUIRED BY 40 CFR 63.1510(b), 63.1510(s), AND 63.1513(e) AND TO CALCULATE AND RECORD THE 3-DAY, 24-HOUR ROLLING EMISSIONS OF PM AND HCI FOR THE NEW SECONDARY ALUMINUM PROCESSING UNIT (IN-LINE FLUXERS LOCATED IN MILLS 1 AND 2) AS REQUIRED BY 40 CFR 63.1510(t) AND 40 CFR 63.1517(b)(17); 3. SOUTHWIRE FAILED TO DEMONSTRATE COMPLIANCE WITH THE PM AND HCI EMISSION STANDARDS ON MELTING FURNACES #1, #2, AND #3, HOLDING FURNACES #1, #2, #3, AND #4, COMBINATION FURNANCES #5, AND #6, AND MILL 3 IN-LINE FLUXER BY MARCH 23, 2003, AS REQUIRED BY 40 CFR 63.1501(a), 63.1513(e), 63.1505(i), AND 63.1512(j), AND TO CONDUCT 3 SEPARATE TEST RUNS AS REQUIRED BY 40 CFR 63.1511(b) AND 63.7(e)(3); 4. SOUTHWIRE FAILED TO DEMONSTRATE COMPLIANCE WITH THE PM AND HCI EMISSION STANDARDS ON THE IN-LINE FLUXERS LOCATED IN MILL 1 AND MILL 2 BY MAR 23, 2003, AS REQUIRED BY 40 CFR 63.1501(a), 63.1513(e), 63.1505(i), AND 63.1512(j), AND TO CONDUCT 3 SEPARATE TEST RUNS AS REQUIRED BY 40 CFR 63.1511(b) AND 63.7(e)(3). 5. SOUTHWIRE FAILED TO MAINTAIN EXISTING REACTIVE FLUX INJECTION RATES, CALCULATIONS, AND RECORDS FOR THE MELTING FURNACES, COMBINATION FURNACES, AND THE EXISTING IN-LINE FLUXER AND FAILED TO INCLUDE THE INFO IN THE OPERATION AND MAINTENANCE MONITORING (OM&M) PLAN AS REQUIRED BY 40 CFR 63.1506(k), 63.1506(n), 63.1510(b), 63.1510(j), 63.1512(o), AND 63.1517(b)(5). 6. SOUTHWIRE FAILED TO MAINTAIN NEW REACTIVE FLUX INJECTION RATES, CALCULATIONS, AND RECORDS FOR THE NEW IN-LINE FLUXERS LOCATED IN MILLS 1 AND 2 AND FAILED TO INCLUDE THE INFOMATION IN THE OM&M PLAN AS REQUIRED BY 40 CFR 63.1506(k), 63.1506(n), 63.1510(b), 63.1510(j), 63.1512(o), AND 63.1517(b)(5). 7. SOUTHWIRE FAILED TO TEST COMBINATION FURNACE #5 AT THE HIGHEST PRODUCTION AND FLUX RATES AS REQUIRED BY 40 CFR SECTIONS 63.1511(b) AND 63.7(e)(3). 8. SOUTHWIRE FAILED TO CALIBRATE AND CERTIFY EACH MONITORING DEVICE EVERY SIX MONTHS

Defendants (1)

• SOUTHWIRE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• CENTURY ALUMINUM OF KY LLC

  1627 KY 3543, HAWESVILLE, KY, 42348

  Registry ID: 110000380917

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SOUTHWIRE COMPANY (04-2009-C021)entered 2009-07-29

  Primary law: CAA

  Federal penalty: $168,750 · State/local: $168,750

Timeline (7 milestones)

• 2006-03-23Referred To Dept Of Justice
• 2006-04-10Enforcement Action Data Entered
• 2009-07-23Final Order Lodged
• 2009-07-23Complaint Filed With Court
• 2009-07-29Concluded
• 2009-07-29Final Order Entered
• 2009-07-30Enforcement Action Closed