EPA v. Mid-America Steel Drum

Case summary

CAA ? St. Francis The complaint alleges that CLCM violated the Clean Air Act at the St. Francis Facility by: 1) failing to control VOC emissions by 85 percent; 2) failing to disclose maximum VOC emissions in its synthetic minor operating permit application; 3) failing to apply for a Title V permit; 4) operating without a Title V permit; 5) failing to determine and record HAP emissions; and, 6) failing to maintain the required exhaust airflow rate from the overspray filter at its spray booth. At the St. Francis Facility, Defendant has installed and must continuously operate a Regenerative Thermal Oxidizer (RTO) to achieve a VOC destruction efficiency of at least 98 percent. CLCM will also construct additional emissions capture systems within the facility and must conduct performance testing to ensure the capture systems and RTO demonstrate compliance with the requirement to control VOC emissions by at least 85 percent. Defendant is required to limit the St. Francis Facility?s VOC and hazardous air pollutant emissions below major source thresholds. Defendant is also required to install various parametric monitoring equipment to ensure continuous compliance. Finally, Defendant is required to obtain construction and operating permits from Wisconsin DNR to ensure the injunctive relief elements for the St. Francis Facility survive termination of the proposed Consent Decree. CAA ? Oak Creek The complaint alleges that CLCM violated the Clean Air Act at the Oak Creek Facility by failing to monitor and record the drum reclamation furnace afterburner temperature at least once every fifteen minutes, and by failing to maintain the minimum required temperature in the drum reclamation furnace afterburner. At the Oak Creek Facility, Defendant must install and continuously operate a new digital data recorder to record the temperature of the drum reclamation furnace afterburner and must install a device to monitor whether the drum reclamation furnace is in operation. Defendant must maintain the afterburner temperature at or above 1,650 degrees Fahrenheit or the temperature recorded during a performance test demonstrating compliance with applicable emission limits for particulate matter, visible emissions, and VOCs. Defendant is also required to obtain construction and operating permits from Wisconsin DNR to ensure the injunctive relief elements for Oak Creek Facility survive termination of the proposed Consent Decree. Within 30 days after the effective date of the Consent Decree, CLCM will pay a cash civil penalty of $1,600,000, to be divided $800,000 to the U.S. and $800,000 to the State.

Defendants (3)

• Mid-America Steel Drum CoNamed in complaintNamed in settlement
• Container Life Cycle Management LLCNamed in complaintNamed in settlement
• Mid America Steel DrumNamed in complaintNamed in settlement

Facilities (7)

• CLCM ST FRANCIS

  3950 S PENNSYLVANIA AVE, SAINT FRANCIS, WI, 53235

  Registry ID: 110033624610

• CLCM OAK CREEK

  8570 S CHICAGO RD, OAK CREEK, WI, 531543599

  Registry ID: 110000417736

• CLCM OAK CREEK

  8570 S CHICAGO RD, OAK CREEK, WI, 53154

  Registry ID: 110000417736

• CLCM OAK CREEK

  8570 S CHICAGO RD, OAK CREEK, WI, 53154

  Registry ID: 110000417736

• CLCM OAK CREEK

  8570 S CHICAGO RD, OAK CREEK, WI, 531543599

  Registry ID: 110000417736

• MID AMERICA STEEL DRUM

  2300 W CORNELL ST, MILWAUKEE, WI, 53209

  Registry ID: 110070135972

• MID-AMERICA STEEL DRUM COMPANY-CLCM

  3950 S PENNSYLVANIA AVE, SAINT FRANCIS, WI, 53235

  Registry ID: 110066857985

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112D — MACT Standards
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 112C — Hazardous Air Pollutants
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Mid-America Steel Drum - CLCMentered 2023-07-27

  Primary law: RCRA

  Federal penalty: $800,000 · State/local: $800,000

Timeline (6 milestones)

• 2018-05-29Referred To Dept Of Justice
• 2018-08-01Enforcement Action Data Entered
• 2022-11-30Complaint Filed With Court
• 2022-11-30Final Order Lodged
• 2023-07-27Final Order Entered
• 2023-08-18Pipeline Closed