EPA v. FANSTEEL, INC.

Case summary

DATA SHEET: * DEFENDANT: FANSTEEL METALS OWNS AND OPERATES A METAL PROCESSING PLANT IN MUSKOGEE, OK WHICH IS THE SUBJECT OF THIS REFERRAL. * VIOLATIONS: VIOLATION OF PERMIT EFFLUENT LIMITS AND REPORTING DEFICIEN- CES HAVE PERSISTED DESPITE NUMERIOUS PHONE CALLS, WARNING LETTERS AND AO'S ISSUED REGARDING THESE PROBLEMS. * PROPOSED RELIEF: SETTLEMENT IN THE FORM OF A CONSENT DECREE AND A MINIMUM CIVIL PENALTY IN THE AMOUNT OF $82,174. * RECENT CONTACT WITH DEFENDANT: TWO RECENT MEETINGS HAVE BEEN HELD WITH FANSTEEL REPS AT THE EPA REGIONAL OFFICES IN DALLAS. THE FIRST, ON JAN 28, 1987, WAS CALLED BY THE EPA TO DISCUSS PERMIT VIOLATIONS; SUBSE- QUENTLY THIS ACTION WAS RECOMMENDED. THE SECOND, ON MAY 27, 1987, WAS CALLED BY FANSTEEL TO DISCUSS THEIR ENFORCE- MENT STATUS AND RECENT CORRECTIVE ACTIONS UNDERTAKEN. * * SYNOPSIS: FANSTEEL METALS OWNS AND OPERATES A METAL PROCESSING FACILITY WHICH PRODUCES TANTALUM AND COLUMBIUM WHICH ARE USED IN THE MANUF OF CAPACITORS, JET ENGINE CONES AND PARTS, PARTS FOR PRESSURE VESSELS FOR AEROSPACE SYSTEMS, AND REACTOR HEAT EXCHANGERS. FANSTEEL IS LOCATED ON THE ARK RIVER IN MUSKOGEE, OK. THE MUSKOGEE FACILITY IS A BRANCH, WITH HEADQUARTERS LOCATED AT ONE TANTALUM PLACE, NC, ILL. THE CO IS RELATED BY SIMILAR STOCK OWNERSHIP TO HK PORTER CO., INC. IN PITTSBURG, PA. * EPA ISSUED NPDES PERMIT NO. OK0001643 TO FANSTEEL ON SEPT. 28, 1984 TO BE EFFECTIVE OCT. 30, 1984 (EXHIBIT C). THE PERMIT SETS EFFLUENT LIMIATIONS FOR THREE OUTFALLS; ONE PROCESS DISCHARGE (001), AND TWO CONTAMINATED STORMWATER DISCHARGES (002 AND 003). THE RECEIVING STREAM IS WEBBERS FALL RESERVOIR WHICH IS IN SEGMENT NO. 220200 OF THE ARKANSAS RIVER. * THE ORIGINAL PERMIT APPLICATION WAS RECEIVED ON MAY 30, 1974 AND WAS EFFECTIVE FOR THE PERIOD BETWEEN MARCH 1, 1976 AND NOV 6, 1979. FANSTEEL REAPPLIED ON APRIL 17, 1979, AND WAS ISSUED A RENEWED PERMIT EFFECTIVE FOR THE PERIOD OF AUG. 12, 1979 TO DEC 31, 1980. REAPPLICATIONS FOR THE CURRENTLY EFFECTIVE PERMIT WERE RECEIVED ON MARCH 3, 1981, AND AGAIN ON SEPT 16, 1982. THE CURRENT PERMIT IS EFFECTIVE FOR THE PERIOD FROM OCT 30, 1984 THROUGH OCT 29, 1989. THE APPLICA- TION FOR THE CURRENT PERMIT REQUESTED COVERAGE ONLY FOR THE PROCESS DISCHARGE. THE STORMWATER OUTFALLS ARE CONTAINED IN THE PERMIT AS A RESULT OF NUMEROUS INSPECTIONS INDICATING CONTAMINATED STORMWATER BEING DISCHARGED. AO DOCKET NO. VI-82-048 REQUIRED FANSTEEL TO APPLY FOR OUTFALL 002, WHICH WAS DONE UNDER PROTEST. OUTFALL 003 WAS INCLUDED IN THE OK WATER RESOURCES BOARD PERMIT EFFECTIVE JUNE 14, 1983, AND THEREFORE WAS INCLUDED IN THE RENEWED NPDES PERMIT AFTER AN INSPECTION SHOWED THAT CONTAMINATED EFFLUENT WAS BEING DISCHARGED. FANSTEEL DID NOT, NOR WERE THEY REQUIRED TO VIA ENFORCEMENT ACTION, MAKE AN APPLICATION FOR THIS OUTFALL. * AT PRESENT THE FACILITY IS EXPERIENCING CONTINUOUS EFFLUENT VIOLATIONS AT OUTFALL 001. EFFLUENT VIOLATIONS AT OUTFALLS 002 AND 003 ARE OCCURRING LESS FREQ

Defendants (1)

• FANSTEEL, INC.Named in complaintNamed in settlement

Facilities (1)

• FANSTEEL INCORPORATED MUSKOGEE FURNACE FAC

  10 TANTALUM PLACE, MUSKOGEE, OK, 74403

  Registry ID: 110001632378

Statutes cited

• CWA 309 — Violation of Existing AO

Enforcement conclusions (1)

• FANSTEELentered 1988-10-07

  Primary law: CWA

  Federal penalty: $99,000

Timeline (8 milestones)

• 1987-06-12Referred To Headquarters
• 1987-08-03Referred To Dept Of Justice
• 1988-07-18Referred TO U.S. Attorney
• 1988-08-17Complaint Filed With Court
• 1988-10-07Concluded
• 1988-10-07Final Order Lodged
• 1988-10-07Final Order Entered
• 1992-04-10Enforcement Action Closed