EPA v. M & M Drying LTD

Case summary

On April 29, 2004, U.S. EPA issued a Finding of Violation (FOV) to M & M Drying for violating the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Secondary Aluminum Production Facilities, 40 C.F.R. Part 63, Subpart RRR. Specifically, M & M Drying failed to conduct a performance test to measure dioxins and furans on its thermal chip dryer. Also, M & M Drying failed to submit a notification of compliance status report and comply with the operating requirements of 40 C.F.R. Part 63, Subpart RRR. We discovered these violations through response to our Section 114, request for information, sent on February 20, 2004. On September 30, 2004, U.S. EPA filed an Administrative Penalty Order (APO) against M & M Drying for violations of testing, operating and notification requirements of 40 C.F.R. Part 63, Subpart RRR. After multiple settlement talks and Alternative Dispute Resolution (ADR) period, M & M Drying agreed to settle on the terms proposed by U.S. EPA. The final order is for M & M Drying to spend at least $330,000 to complete a supplemental environmental project and pay a civil penalty in the amount of $25,000.

Defendants (1)

• M & M Drying, LTDNamed in complaintNamed in settlement

Facilities (1)

• M & M DRYING, LTD.

  4125 MAHONING ROAD NE, CANTON, OH, 44705

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• M & M Drying LTDentered 2005-05-25

  Primary law: CAA

  Federal penalty: $25,000 · SEP: $195,000

Timeline (4 milestones)

• 2004-09-30Complaint Filed/Proposed Order
• 2004-09-30Enforcement Action Data Entered
• 2005-05-25Final Order Issued
• 2007-02-06Enforcement Action Closed