EPA v. TMS INTERNATIONAL, LLC (FKA STEIN, INC) - APO/CAFO

Case summary

EPA identified 14 total counts of excess opacity in violation, of the 20%, as a 3-minute standard while conducting off-site and on-site observations in July of 2024. EPA determined that TMS failed to 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, and 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. This ACO requires TMS to install an additional water spray with misting capabilities in the staging area near the existing partial enclosure at slag processing plant, and the #1 BOF Storage Piles to control fugitive emissions from load-in and load-out operations of slag material. Further it?s required that all slag piles be located within range of existing or new water spray or misting systems. TMS will install water flow meters to monitor water usage, collect and analyze unprocessed and processed slag samples for moisture content, and conduct visible emissions monitoring at the torch cutting station to comply with its current requirements in its Title V Permit and the Ohio SIP opacity limits. Finally TMS will submit to the State of Ohio a Title I Air Permit revision or submission of a request for an alternative permit to include the addition of torch cutting operations.

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

Enforcement conclusions (1)

• TMS INTERNATIONAL, LLC (FKA STEIN, INC) - APO/CAFOentered 2026-09-24

  Primary law: CAA

  Federal penalty: $193,750

Timeline (3 milestones)

• 2026-09-24Enforcement Action Data Entered
• 2026-09-24Complaint Filed/Proposed Order
• 2026-09-24Final Order Issued