EPA v. NIAGARA LASALLE CORP-HAMMOND PLANT - APO/CAFO

Case summary

Niagara LaSalle Corporation (NLC) owns and operates a cold-finished steel processing plant in Hammond, Indiana. The facility operates ?Wheelabrators,? which remove scale from steel bars and use a common cartridge filter system for particulate matter control. Emissions from the Wheelabrators exhaust to a stack and are subject to the particulate matter (PM) emissions limitations in the Indiana State Implementation Plan (SIP).The NLC Plant also includes paved roads, unpaved roads, and parking lots. Fugitive particulate emissions from these affected facilities are subject to the control plan requirements in the Indiana SIP. In response to a Clean Air Act Section 114 Request for Information, NLC conducted a PM emissions test on December 18, 2018. The results showed that PM emissions from NLC's Wheelabrators were in violation of the emissions limit specified in the Indiana SIP. On May 7, 2019, EPA issued a Notice of Violation (NOV) to NLC, alleging that the PM emissions from its Wheelabrators exceeded the emissions limitations specified in the Indiana SIP. By June 30, 2019, NLC had constructed and began operation of a new dust collector system. On August 14, 2019, NLC passed a PM emissions test of the new system. Based on documentation regarding NLC's fugitive dust control operations, on June 30, 2020, EPA issued a second NOV to NLC for failing to meet fugitive dust control plan (FDCP) requirements, in violation of 326 IAC 6.8-10-4(3) and 326 IAC 6.8-10-4(4) of the Indiana SIP. Subsequently, NLC revised its FDCP and implemented additional fugitive dust control measures. This CAFO requires NLC to pay a penalty of $96,730.02 and resolves the NOVs issued to NLC on May 7, 2019, and June 30, 2020. NLC is concurrently entering into an ACO which requires NLC to continue to control PM emissions from its Wheelabrators to within the limits of the Indiana SIP and to follow and execute the requirements of the FDCP agreed upon and drafted with EPA in order to maintain compliance with the Fugitive Dust Plan Requirements of the Indiana SIP.

Defendants (1)

• NIAGARA LASALLE CORP-HAMMOND PLANTNamed in complaintNamed in settlement

Facilities (1)

• NIAGARA LASALLE CORP-HAMMOND PLANT

  1412 150TH ST., HAMMOND, IN, 46327-1799

  Registry ID: 110000398007

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NIAGARA LASALLE CORP-HAMMOND PLANT - APO/CAFOentered 2022-09-30

  Primary law: CAA

  Federal penalty: $96,730

Timeline (3 milestones)

• 2022-09-30Final Order Issued
• 2022-09-30Complaint Filed/Proposed Order
• 2022-10-03Enforcement Action Data Entered