EPA v. ALCOA, INC. - ROCKDALE OPERATIONS

Case summary

1. SECTION 113(B) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(B). 2. ALCOA, INC., FM 1786, ROCKDALE, MILAM COUNTY, TEXAS 76567 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 110 AND 165 OF THE CAA BY: 1) FAILING TO OBTAIN A PRECONSTRUCTION PERMIT AS REQUIRED BY THE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REGULATIONS OF THE TEXAS STATE IMPLEMENTATION PLAN (SIP), PRIOR TO MAKING MAJOR MODIFICATIONS AT THE ROCKDALE FACILITY. 2/27/07: Original Demand for Stipulated Penalties in the amount of $859,000 dated 2/27/07. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(B) OF THE CAA, EPA SUBMITTED A DIRECT REFERRAL REQUESTING DOJ PROVIDE ASSISTANCE TO EPA IN DEVELOPING A CIVIL ENFORCEMENT ACTION FOR INJUNCTIVE RELIEF AND OTHER RELIEF AGAINST THE RESPONDENT. EPA IS SEEKING A CIVIL PENALTY OF $39,171,000 FOR THE VIOLATIONS CITED. 5. THE LITIGATION TEAM IS INVESTIGATING WHETHER NSPS WAS TRIGGERED DUE TO THE ACTIVITIES THAT OCCURRED DURING THE SANDOW BETTERMENT PROGRAM AND, IF SO, WHICH NSPS SUBPART IS APPLICABLE. THE REFERRAL WILL BE SUPPLEMENTED AS SOON AS POSSIBLE WHEN THE LITIGATION TEAM HAS SUFFICIENT EVIDENCE TO PROVE NSPS VIOLATIONS.

Defendants (1)

• ALCOA, INC.Named in complaintNamed in settlement

Facilities (4)

• ALUMINUM CO OF AMERICA, INC. - ROCKDALE OPERATIONS

  FM 1786, ROCKDALE, TX, 76567

  Registry ID: 110008144025

• ALCOA ROCKDALE OPERATIONS

  4069 CHARLES MARTIN HALL RD, ROCKDALE, TX, 76567

  Registry ID: 110008144025

• ALUMINUM CO OF AMERICA, INC. - ROCKDALE OPERATIONS

  FM 1786, ROCKDALE, TX, 76567

  Registry ID: 110008144025

• ALCOA ROCKDALE OPERATIONS

  4069 CHARLES MARTIN HALL RD, ROCKDALE, TX, 76567

  Registry ID: 110008144025

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (2)

• Alcoa, Inc.entered 2003-07-28

  Primary law: CAA

  Federal penalty: $1,500,000

• ALCOA, INC. - ROCKDALE OPERATIONSentered 2007-02-27

  Primary law: CAA

  Federal penalty: $131,996

Timeline (10 milestones)

• 2001-12-31Referred To Dept Of Justice
• 2002-02-15Enforcement Action Data Entered
• 2003-04-09Complaint Filed With Court
• 2006-11-15Final Order Lodged
• 2007-02-27Final Order Entered
• 2007-02-27Consent Decree Amendment
• 2007-03-14Demand for Stipulated Penalties
• 2007-03-14Consent Decree Amendment
• 2018-06-19Enforcement Action Closed
• 2018-06-19Air Resolved