EPA v. DRUMMOND COMPANY dba ABC COKE

Case summary

1/25/21 - CD FILED BY THE COURT - ABC Coke produces metallurgical coke and has 2 related industrial processes at its facility including the coke battery process, which is a series of coke ovens where coal is heated to create coke, and the coke byproduct recovery process where coke oven gas produced during the coking process is piped from the coke batteries for further processing. Coke oven gas is a HAP as specified in Section 112 of CAA and contains benzene, toluene, and xylene. The coke byproduct recovery plant processes the coke oven gas so that it can be re-used as fuel to heat boilers in the coke making process. Other re-usable chemical byproducts resulting from the coke byproduct recovery process are sold to various industries, including steelmaking, oil, and agriculture. In 2011, EPA R4, EPA?s NEIC and JCBH conducted an inspection at the facility as part of the EPA Air Toxics National Initiative. Based on the inspection, EPA and JCBH alleged that the byproduct plant was out of compliance EPA and JCBH conducted additional inspections of the coke byproduct recovery process in 2014 and 2018. The purpose of Subparts L and V are to control and reduce fugitive emissions of HAPs and VOCs that can occur during the coke byproduct recovery process. The regulations require ABC Coke to regularly monitor equipment and components such as valves, pumps, connectors, flanges, and tanks for emissions of HAPs and VOCs that exceed established leak threshold concentrations. Facilities are required to implement these rules through a LDAR program that specifies how to monitor and check for leaks. Prior to the CD, EPA found deficiencies of LDAR program including, not including and monitoring all required components in the LDAR program, open ended lines, using the wrong leak definitions and not repairing leaks in a timely manner. As a part of the settlement ABC Coke developed and implemented, an overhauled LDAR program, that includes the use of a third party LDAR contractor to conduct monitoring, use of electronic datalogging, creation of an electronic database for managing the LDAR program, and identification of additional components at the coke byproduct process area to be included in the LDAR program. The new LDAR program will ensure that components are being monitored at the correct leak definition and frequency, and that leaks are found and repaired within the required period. The CD requires Drummond to continue to implement the revised LDAR program and have 3rd party audits of the program. Drummond will annually review and establish a MOC program that ensures that any new pieces of equipment added to the plant and that are subject to LDAR requirements are integrated into the LDAR program. They also will be required to hire a 3rd party consultant to conduct LDAR Program audits over the course of the CD implementation. The facility had failed to identify and include waste streams in its TAB that combined to a total of greater than 10 Mg. Additionally, Drummond failed to take actions to control, reduce or eliminate those benzene containing waste streams. During settlement negotiations, ABC Coke enclosed some of those waste streams. The Consent Decree requires that the facility continue to reduce its TAB to below 10 Mg by enclosing 2 sumps and the Wilputte decanter by connecting them to a closed vent system. Additionally, this equipment will be added to the facility?s LDAR program. Under the Consent Decree, ABC Coke will conduct a Supplemental Environmental Project (SEP) that will require it to rent an infrared camera to use during four semi-annual sampling and monitoring events for two consecutive years during the life of the Consent Decree. The infrared camera is a very effective and reliable tool for finding and confirming leaks. The Consent Decree requires Drummond to spend a minimum of $16,000 on the SEP project.

Defendants (1)

• DRUMMOND COMPANY dba ABC COKENamed in complaintNamed in settlement

Facilities (1)

• DRUMMOND COMPANY, INC. (ABC COKE)

  900 HUNTSVILLE AVENUE, BIRMINGHAM, AL, 35217-2957

  Registry ID: 110000366817

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 608 — National Recycling & Emission Reduction Program
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• DRUMMOND COMPANY dba ABC COKEentered 2021-01-25

  Primary law: CAA

  Federal penalty: $387,500 · SEP: $16,000

Timeline (5 milestones)

• 2012-09-15Enforcement Action Data Entered
• 2012-09-26Referred To Dept Of Justice
• 2019-02-08Final Order Lodged
• 2019-02-08Complaint Filed With Court
• 2021-01-25Final Order Entered