EPA v. HOWARD FINISHING, L.L.C

Case summary

Howard Finishing, LLC (Howard Finishing) owns and operates a plating facility at 15765 Sturgeon Street, Roseville, Michigan, where it conducts, among other things, nickel electroplating. The U.S. Environmental Protection Agency issued a Finding of Violation to Howard Finishing on August 30, 2012, for violating Section 112 of the Clean Air Act, 42 U.S.C. ? 7412; and the implementing regulations at 40 C.F.R. Part 63, Subpart WWWWWW, the National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations (Subpart WWWWWW) Specifically, Howard Finishing failed to control emissions from a microporous nickel tank at the facility in accordance with Subpart WWWWWW. The U.S. Environmental Protection Agency discovered these violations while inspecting the facility on May 6, 2010, and issued a Finding of Violation to Howard Finishing on August 30, 2012. With regard to the microporous nickel tank, Subpart WWWWWW requires Howard Finishing to control emissions from it by doing one of the following: 1) using a wetting agent/fume suppressant (WA/FS) in the bath of the tank; 2) capturing and exhausting emissions from the tank to a composite mesh pad, a packed-bed scrubber, or a mesh pad mist eliminator; or 3) covering the surface of the tank. Subpart WWWWWW requires that those sources that choose to use a WA/FS in the bath of their affected tanks must add the WA/FS in the amounts recommended by the manufacturer for that specific type of electrolytic process. Since Howard Finishing does not capture and exhaust emissions from the microporous nickel tank to an add-on control device or cover the tank, it must use a WA/FS in the tank bath to control emissions. In a December 13, 2012, email, Howard Finishing stated that it did not begin measuring the surface tension of this tank until October 1, 2012, to ensure that the surface tension is within the range recommended by the tank bath supplier, at which time it came into compliance with Subpart WWWWWW. EPA is issued the APO concurrently with the CAFO. Under the CAFO, Howard Finishing will pay a civil penalty of $25,000 over two installments with interest.

Defendants (1)

• HOWARD FINISHING, L.L.C.Named in complaintNamed in settlement

Facilities (1)

• HOWARD FINISHING LLC

  15765 STURGEON STREET, ROSEVILLE, MI, 48066-1879

  Registry ID: 110002044323

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• HOWARD FINISHING, L.L.Centered 2014-06-04

  Primary law: CAA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2014-06-04Complaint Filed/Proposed Order
• 2014-06-04Final Order Issued
• 2014-06-05Enforcement Action Data Entered
• 2014-09-08Air Resolved