EPA v. WISE ALLOYS

Case summary

Oct 2010 - Wise Alloys, LLC, (?Wise Alloys?), a producer of aluminum can stock for the beverage and food industries and the owner/operator of an aluminum recycling facility in Muscle Shoals, Alabama. Secondary aluminum producers - also known as aluminum recyclers - melt aluminum scrap and dross for resale to manufacturers. Shredders, dryers, and delacquering kilns size the raw material and remove any coatings and contaminants prior to processing. The raw material is then charged into furnaces, where melting occurs and chemical flux may be added to refine the molten aluminum. The process of melting and purifying the aluminum generates hazardous air pollutants, including hydrochloric acid (?HCI?) and dioxins and furans (?D/F?), the emissions of which are regulated by federal and state clean air laws. To reduce these emissions, the kilns and furnaces are typically equipped with a control device, such as a fabric filter baghouse, and a capture and collection system to direct emissions to the control device. EPA and the State of Alabama inspected the facility in September, 2004, and identified several violations of the RRR MACT (Secondary Aluminum MACT). The violations include failure to perform initial performance test and set operating parameters on process units, failure to submit an initial notification to EPA, failure to submit a complete Notification of Compliance Status Report (NOCSR), failure to timely submit NOCSR, failure to have NOCSR signed by an authorized official, failure to establish a reactive flux rate, failure to establish lime feeder settings, failure to design and install a capture/collection system, and failure to have complete operations and maintenance plans. This matter was referred to DOJ in December, 2006. The federal complaint filed on behalf of the Justice Department and the U.S. Environmental Protection Agency (EPA) alleges Wise Alloys failed to conduct adequate performance testing, to properly monitor systems, to properly certify and operate the pollution control devices, and to submit the required notifications, reports and plans to EPA and the State of Alabama as required by the Clean Air Act and its implementing regulations. The State of Alabama joined the lawsuit by filing a separate complaint in Intervention and also joined in the settlement. Under the agreement lodged in the U.S. District Court for the Northern District of Alabama, Wise Alloys will pay $133,500 to both the EPA and the State of Alabama for a total of $267,000 in civil penalties. Additionally, Wise Alloys has agreed to perform all required injunctive relief as set forth in the Consent Decree which will ensure that the Muscle Shoals aluminum recycling facility will come into compliance with applicable state and federal clean air standards. This will include conducting a performance test on its furnaces, submitting a NOCSR and Operating and Maintenance Plan for its facility, will complete an engineering analysis addressing emissions from its delacquering kiln, and apply for a modification of its title V permit.

Defendants (1)

• WISE ALLOYS, LLCNamed in complaintNamed in settlement

Facilities (2)

• CONSTELLIUM

  1009 FORD RD, MUSCLE SHOALS, AL, 35661

  Registry ID: 110070328268

• CONSTELLIUM

  3509 E 2ND ST, MUSCLE SHOALS, AL, 35661

  Registry ID: 110000516683

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• WISE ALLOYS (04-2010-C030)entered 2010-09-27

  Primary law: CAA

  Federal penalty: $133,500 · State/local: $133,500

Timeline (8 milestones)

• 2006-12-31Referred To Dept Of Justice
• 2007-01-04Enforcement Action Data Entered
• 2010-07-07Complaint Filed With Court
• 2010-09-27Final Order Lodged
• 2010-09-27Final Order Entered
• 2010-09-27Concluded
• 2014-10-22Enforcement Action Closed
• 2014-10-22Air Resolved