EPA v. MODERN HARD CHROME - APO/CAFO

Case summary

SMS Modern Hard Chrome, LLC (SMS) owns and operates a plating facility at 12880 East Nine Mile Road, Warren, Michigan where it mainly conducts chromium and electroless nickel plating. The U.S. Environmental Protection Agency issued a Finding of Violation to SMS on March 13, 2013, 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 N, the National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks (Chrome Plating NESHAP) and 40 C.F.R. Part 63, Subpart WWWWWW, the National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations (Plating and Polishing NESHAP) at its Warren, Michigan facility. Specifically, SMS failed to 1) control chromium emissions discharged to the atmosphere from one of its hard chromium electroplating tanks by allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the applicable limit in the Chrome Plating NESHAP; 2) monitor and operate the tank for continuous compliance at a surface tension less than the value established during a performance test; 3) submit timely Notification of Compliance Status reports for four of its electroless nickel plating tanks as required by the Plating and Polishing NESHAP; and 4) prepare timely annual certification of compliance reports for the years 2010, 2011, and 2012 as required by the Plating and Polishing NESHAP. EPA discovered these violations through an inspection it conducted on July 10, 2012, and through information SMS submitted in response to an October 19, 2012, information request that EPA issued to SMS under Section 114 of the CAA. SMS has since achieved compliance. EPA is issuing the Administrative Penalty Order concurrently with this CAFO. Under this CAFO, SMS will pay a civil penalty of $100,000.

Defendants (1)

• MODERN HARD CHROMENamed in complaintNamed in settlement

Facilities (1)

• MODERN HARD CHROME SERVICE

  12880 E 9 MILE RD, WARREN, MI, 48089

  Registry ID: 110007371708

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• MODERN HARD CHROME - APO/CAFOentered 2015-08-05

  Primary law: CAA

  Federal penalty: $100,000

Timeline (4 milestones)

• 2015-08-05Final Order Issued
• 2015-08-05Complaint Filed/Proposed Order
• 2015-08-06Air Resolved
• 2015-08-12Enforcement Action Data Entered