EPA v. LEVY COMPANY (AKA METAL SERVICES, DBA PHOENIX SERVICES LLC)

Case summary

The U.S. Environmental Protection Agency, Region 5 entered into a Consent Agreement and Final Order/Administrative Penalty Order (CAFO/APO) with The Levy Company (Levy) for their slag processing facility formerly located on the premises of the ArcelorMittal integrated steel plant located at 250 U.S. 12 in Burns Harbor, Indiana. U.S. EPA issued a Notice of Violation (NOV) to Levy for failure to comply with a 40% opacity limit established in their Title V operating permit, which is a violation of the Indiana State Implementation Plan and Section 113 of the Clean Air Act Pursuant to the CAFO/APO, Levy will pay a settlement penalty of $37,500. As of January 1, 2012, Levy no longer operates at the ArcelorMittal facility, a circumstance unrelated to NOV. The subsequent slag contractor replaced the equipment previously operated by Levy that caused these violations.

Defendants (1)

• LEVY COMPANY (AKA METAL SERVICES, DBA PHOENIX SERVNamed in complaintNamed in settlement

Facilities (1)

• PHOENIX GLOBAL BURNS HARBOR LLC CONTRACTOR OF CLEVELAND CLIF

  250 W US HWY 12, BURNS HARBOR, IN, 46304-9727

  Registry ID: 110007566927

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• LEVY COMPANY (AKA METAL SERVICES, DBA PHOENIX SERVICES LLC)entered 2013-06-11

  Primary law: CAA

  Federal penalty: $37,500

Timeline (3 milestones)

• 2013-06-11Complaint Filed/Proposed Order
• 2013-06-11Final Order Issued
• 2013-06-11Enforcement Action Data Entered