EPA v. Miller Compressing Company

Case summary

On December 9, 2003, U.S. EPA inspected Miller�s facility. After a subsequent information request, U.S. EPA concluded that the secondary aluminum NESHAP for secondary aluminum production applied to an aluminum smelting furnace at the facility. Miller contacted U.S. EPA and indicated a desire to take all necessary steps to come into compliance with the NESHAP and to enter into an administrative consent order. Because of this, U.S. EPA did not issue a Finding of Violation nor did it file an administrative complaint. The attached CAFO serves both as a complaint and an expedited resolution of the matter. For the alleged violations, Miller presented information demonstrating that compliance had already been largely achieved with the above-referenced regulations. Miller had also installed a new afterburner to assure compliance with the dioxin/furan emissions standard. As part of the settlement, Miller agreed to implement a supplemental environmental project (SEP) costing at least $70,000. The SEP involves paving a portion of the facility yard that experiences motor vehicle traffic, and is expected to reduce particulate matter emissions by 8,575 pounds per year. The proposed penalty calculation for potential violations of emission standard for dioxins/furans, monitoring, recordkeeping, and reporting amounted to $75,100. Because of Miller�s good faith efforts to comply and the significant environmental improvements achieved at the facility (both meeting regulatory requirements and going beyond them), and new evidence that emissions exceedances may never had occurred, U.S. EPA reduced the company�s bottom-line penalty to $50,500. The cost of the SEP, under the PROJECT model, is valued at $60,028. Considering the value of the SEP, and the other factors described above, U.S. EPA reduced the cash penalty to $18,000.

Defendants (1)

• Miller Compressing CompanyNamed in complaintNamed in settlement

Facilities (1)

• ALTER TRADING FKA MILLER COMPRESSING CO

  1640 W BRUCE ST, MILWAUKEE, WI, 532041140

  Registry ID: 110000855931

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• Miller Compressing Companyentered 2004-09-28

  Primary law: CAA

  Federal penalty: $18,000 · SEP: $60,348

Timeline (3 milestones)

• 2004-09-28Complaint Filed/Proposed Order
• 2004-09-28Final Order Issued
• 2004-10-14Enforcement Action Data Entered