EPA v. SUPERIOR ALUMINUM ALLOYS

Case summary

SUPERIOR ALUMINUM ALLOYS (SAA) FAILED THEIR DIOXIN/FURAN TEST ON MARCH 23, 2003 ON THE THERMAL CHIP DRYER AS REQUIRED BY THE SECONDARY ALUMINUM NESHAP. SUPERIOR INSTALLED A CARBON INJECTION SYSTEM AT THE END OF JULY 2003 AND RETESTED IN COMPLIANCE ON SEPTEMBER 4, 2003. USEPA ISSUED A FINDING OF VIOLATION ON AUGUST 8, 2003. SUPERIOR DID NOT AGREE WITH THE PENALTY OFFER OF $90,000,THEREFORE USEPA ISSUED AN ADMINISTRATIVE PENALTY ORDER ON DECEMBER 18, 2003 WHICH INCLUDED THE HISTORY OF NONCOMPLIANCE AND BEN INCREASING THE PENALTY TO 120,535. USEPA AMENDED THE COMPLAINT TO REFLECT A MORE ACCURATE PENALTY OF $119,779. SAA AND USEPA RESUMED SETTLEMENT DISCUSSION IN JUNE 2004. SAA AGREED TO PAY A CASH PENALTY OF $65,000 AND SPEND $34,000 ON A SEP.

Defendants (1)

• SUPERIOR ALUMINUM ALLOYSNamed in complaintNamed in settlement

Facilities (2)

• SUPERIOR ALUMINUM ALLOYS LLC

  14214 EDGERTON RD, NEW HAVEN, IN, 46774-9636

  Registry ID: 110072214512

• SUPERIOR ALUMINUM ALLOYS LLC

  14214 EDGERTON RD, NEW HAVEN, IN, 46774-9636

  Registry ID: 110072214512

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SUPERIOR ALUMINUM ALLOYSentered 2004-08-13

  Primary law: CAA

  Federal penalty: $65,000 · SEP: $34,000

Timeline (3 milestones)

• 2003-12-18Complaint Filed/Proposed Order
• 2004-02-09Enforcement Action Data Entered
• 2004-08-13Final Order Issued