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06-2019-3308Administrative - FormalClosedFY 2019· Region 06

EPA v. Monarch Waste Technologies LLC (MWT)-AOC-FY2019

Final Order No Penalty

Case summary

On November 20, 2017, MWT performed the initial startup of a hospital/medical/infectious waste incinerator (HMIWI) by activating the system and charging waste. MWT was required to conduct a performance test and furnish EPA a written report of the results of that performance test no later than 180 days after initial startup of the Facility, or by May 18, 2018. MWT violated 40 CFR 60.56c(b) and 60.8(a) by failing to conduct an initial performance test (IPT) and furnish EPA the written results of that performance test no later than 180 days after initial startup of the HMIWI. Between December 5, 2018 and December 14, 2018, MWT performed some pre-IPT and IPT activities. However, MWT was not able to properly stabilize HMIWI operations in order to conduct a safe and representative IPT. On December 14, 2018, MWT demobilized and shut down the HMIWI. On December 19, 2018, MWT requested that the Consent Order be modified to allow MWT to have until February 20, 2019, to complete pre-IPT activities, at which time MWT will thereafter re-start the IPT. As a result, the deadline to complete the IPT is changed from December 24, 2018, to March 6, 2019. MWT completed pre-IPT activities and conducted the IPT prior to the March 6, 2019, deadline. On March 13, 2019, MWT submitted summary data results of the IPT to EPA. On March 21, 2019, MWT informed EPA of issues regarding the dioxin/furan (D/F) test results. On March 22, 2019, MWT sent a letter to EPA requesting a partial retest as necessary to demonstrate compliance with the D/F emission limitation and to verify operations data used for setting site-specific operating parameter limits.

Defendants (1)

  • Monarch Waste Technologies LLCNamed in complaintNamed in settlement

Facilities (1)

  • MONARCH WASTE TECHNOLOGIES (MWT NM LLC)

    45A TOVA MUUSA POE, NAMBE PUEBLO, NM, 87506

    Registry ID: 110070144310

Statutes cited

  • CAA PARTDNew Source Review Permit Requirements
  • CAA 111New Source Performance Standards

Enforcement conclusions (3)

  • Monarch Waste Technologies LLC (MWT)-2nd Amendment to AOCentered 2019-04-02

    Primary law: CAA

  • Monarch Waste Technologies LLC (MWT)-1st Amendment to AOCentered 2018-12-21

    Primary law: CAA

  • Monarch Waste Technologies LLC (MWT)-Administrative Order on Consententered 2018-12-04

    Primary law: CAA

Timeline (5 milestones)

  • 2018-12-17Enforcement Action Data Entered
  • 2019-04-02Final Order Issued
  • 2019-07-17Compliance Achieved
  • 2019-12-16Enforcement Action Closed
  • 2019-12-16Air Resolved

Case metadata

EPA activity ID
3601701733
Case number
06-2019-3308
Lead agency
EPA
Branch
6EN-A
EPA region
06
Voluntary self-disclosure
No
Primary statute
New Source Review Permit Requirements

Sourced verbatim from EPA ECHO Enforcement Case Report for case 06-2019-3308 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.