EPA v. American Cylinder Company

Case summary

On July 12, 2017, EPA informed American Cylinder of alleged potential violations of the RCRA. Specifically, EPA informed American Cylinder that American Cylinder had for several periods improperly identified itself as a small quantity generator of hazardous waste. During 2013 and 2015, American Cylinder generated hazardous waste in quantities that qualified American Cylinder for large quantity generator status. Thus, EPA identified the following potential violations: failure to comply with the large quantity generator conditions for a permit exemption at 35 IAC 722.134 [40 C.F.R. ? 262.34], and failure to file annual/biennial reports in violation of 35 IAC ? 722.141 [40 C.F.R. ? 262.41]. EPA offered, and American Cylinder agreed, to resolve the violations through a streamlined CAFO settlement process. The SEP consists of installation and operation of a pollution prevention project including the purchase and use of a new compressor system that reduces energy use.

Defendants (1)

• Richard A. LutkusNamed in complaintNamed in settlement

Facilities (1)

• AMERICAN CYLINDER COMPANY INC

  481 GOVERNORS HWY, PEOTONE, IL, 60468-9116

  Registry ID: 110018346547

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• American Cylinder Companyentered 2019-04-26

  Primary law: RCRA

  Federal penalty: $8,289 · SEP: $39,322

Timeline (5 milestones)

• 2019-04-26Final Order Issued
• 2019-04-26Compliance Achieved
• 2019-04-26Complaint Filed/Proposed Order
• 2019-05-31Enforcement Action Closed
• 2019-08-29Enforcement Action Data Entered