EPA v. WABASH ALLOYS, LLC.

Case summary

Region 5 and Respondent entered into a Consent Agreement and Final Order (CAFO) commencing and concluding an action for failure to properly maintain and operate its required monitoring equipment for one of its scrap dryers. Under this CAFO the respondent certfied that it had returned to compliance with the monitoring requirements and agreed to pay a civil penalty of $10,000. The respondent self-disclosed these violation to the U.S. EPA on October 20, 2005. After extensive discussions with the respondent, Region 5 determined that the penalty could not be fully mitigated under the Agency's Audit Policy because it was not discovered as part of a systematic compliance management system or audit. As a result, under the Audit Policy the gravity based penalty was reduced by 75%, and was reduced further by 5% to account for litigation risk, resulting in a penalty of $10,000. Respondent agreed to pay that penalty amount.

Defendants (1)

• WABASH ALLOYS, LLC.Named in complaintNamed in settlement

Facilities (2)

• REAL ALLOY SPECIFICATION LLC

  4525 W OLD US HWY 24, WABASH, IN, 46992

  Registry ID: 110000401761

• REAL ALLOY SPECIFICATION LLC

  4525 W OLD US HWY 24, WABASH, IN, 46992

  Registry ID: 110000401761

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• WABASH ALLOYS, LLC.entered 2008-03-31

  Primary law: CAA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2008-03-31Final Order Issued
• 2008-03-31Complaint Filed/Proposed Order
• 2008-04-02Enforcement Action Data Entered