EPA v. TMS INTERNATIONAL, LLC (FKA STEIN, INC) - ACO

Case summary

EPA identified 12 counts of excess opacity in violation of the 20%, as a 3-minute standard while conducting off-site observations in July of 2024. EPA performed an on-site inspection on July 9, 2024, where EPA found two more instances of opacity exceedances. In total, EPA found excess opacity at slag pits C5 and C6, excess opacity while digging and dumping (material handling) operations were taking place, and excess opacity while torch cutting operations were taking place. Inspection records received identified that TMS did not perform the required periodic sampling and monitoring of its stockpiled production materials resulting in, complete noncompliance with slag moisture content monitoring requirements dating back to SOL. TMS did not properly monitor and record the daily usage of water from the wet suppression system controlling the slag processing plant resulting in, complete noncompliance with water use monitoring requirements dating back to SOL. Finally, EPA identified that TMS operated its torch cutting operations without first obtaining a permit to install and operate from the Ohio EPA. TMS operated this facility in a manner inconsistent with the Ohio SIP, and the Title V Permit, which created excess pollution of PM and Metal HAP to the environment, endangering human health and the environment in the community of Cleveland Ohio.

Defendants (1)

• TMS INTERNATIONAL, LLCNamed in complaintNamed in settlement

Facilities (1)

• TMS INTERNATIONAL, LLC

  3100 E 45TH ST, CLEVELAND, OH, 44127

  Registry ID: 110006301572

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• TMS INTERNATIONAL, LLC (FKA STEIN, INC) - ACOentered 2026-09-23

  Primary law: CAA

Timeline (2 milestones)

• 2026-09-23Final Order Issued
• 2026-09-24Enforcement Action Data Entered