EPA v. HYDRO ALUMINUM NORTH AMERICA, INC.

Case summary

CAA Sec 112(d) authorizes EPA to promulgate emission standards for categories of sources of haz air pollutant (HAPs). The relevant standards and associated regulations have been promulgated at 40 C.F.R. Part 63, Subpart A. Regs for secondary aluminum production are found in 40 CFR Part 63, Subpart RRR (National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production-or Secondary Aluminum NESHAP ). This referral addresses Hydro’s violations of regulations found in Subpart RRR and the general requirements in Subpart A, and Hydro’s violations of the terms and conditions in its operating permit. The referral requests DOJ file a complaint seeking injunctive relief that would require Hydro to comply with all relevant regulatory requirements, including but not limited to conducting a proper performance test, filing appropriate notices and submitting a complete Operations, Maintenance and Monitoring Plan, and to pay a civil penalty. 3/29/12 - STIPULATION OF SETTLEMENT ENTERED. HYDRO ALUMINUM IS A SECONDARY ALUMINUM PROCESSING FACILITY THAT IS SUBJECT TO THE SECONDARY ALUMINUM MACT. VIOLATIONS WERE REFERRED TO DOJ IN DEC 2007. DURING NEGOTIATIONS, THE COMPANY RETURNED TO COMPLIANCE AND HAS AGREED TO PAY A PENALTY OF $310,000. THE JOINT STIPULATION OF SETTLEMENT RESOLVING THE VIOLATIONS A COMPLAINT WERE FILED ON MARCH 29, 2012. 4/23/12 - STIPULATION OF SETTLEMENT ENTERED.

Defendants (1)

• HYDRO ALUMINUM OF NORTH AMERICANamed in complaintNamed in settlement

Facilities (4)

• VAW OF AMERICA, INC.

  200 RIVIERA BLVD., SAINT AUGUSTINE, FL, 32086

  Registry ID: 110000845284

• VAW OF AMERICA, INC.

  200 RIVIERA BLVD., SAINT AUGUSTINE, FL, 32086

  Registry ID: 110000845284

• VAW OF AMERICA, INC.

  200 RIVIERA BLVD., SAINT AUGUSTINE, FL, 32086

  Registry ID: 110000845284

• VAW OF AMERICA, INC.

  200 RIVIERA BLVD., SAINT AUGUSTINE, FL, 32086

  Registry ID: 110000845284

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• HYDRO ALUMINUM (04-2012-C020)entered 2012-04-23

  Primary law: CAA

  Federal penalty: $310,000

Timeline (7 milestones)

• 2007-12-20Referred To Dept Of Justice
• 2008-01-09Enforcement Action Data Entered
• 2012-03-28Complaint Filed With Court
• 2012-03-29Final Order Lodged
• 2012-04-23Final Order Entered
• 2012-04-23Concluded
• 2012-05-11Enforcement Action Closed