EPA v. KENNAMETAL, INC.

Case summary

KENNAMETAL, INC. OWNS AND OPERATES A FACILITY NEAR FALLON, NEVADA, WHICH USES A UNIQUE THERMIT KILN TO REFINE TUNGSTEN MONOCARBIDE POWDER. KENNAMETAL CHARGES THE KILN WITH TUNGSTEN AND ALUMINUM BULLETS, RESULTING IN AN EXOTHERMIC REACTION REACHING OVER 4000 DEGREES FAHRENHEIT AND LASTING SOMEWHAT MORE THAN 1 HOUR. DURING THE CHARGING, KENNAMETAL'S THERMIT KILN HAS VISIBLE EMISSIONS OF 100% OPACITY AND EMITS SUBSTANTIAL LEVELS OF TOTAL SUSPENDED PARTICULATE ( TSP ). UNTIL LATE 1993, KENNAMETAL CHARGED THE THERMIT KILN TWO TO FIVE TIMES PER MONTH. IN EARLY 1994, KENNAMETAL REDUCED THE SIZE OF THE KILN BY 75% BUT CHARGES IT MORE FREQUENTLY TO MAINTAIN PAST PRODUCTION LEVELS. KENNAMETAL CONDUCTED SOURCE TESTING IN FEBRUARY 1994. BASED ON THESE RESULTS, EPA HAS CALCULATED THAT KENNAMETAL'S FULL SIZED THERMIT KILN (PRIOR TO SIZE REDUCTION IN 1994) WAS EMITTING TSP AT A RATE OF 938 LBS/HR DURING CHARGING. THUS, KENNAMETAL HAS ALSO VIOLATED THE SIP'S TSP EMISSION LIMIT. ON APRIL 13 AND 26, AND JULY 9, 1993, EPA RECEIVED WRITTEN RESPONSES TO SECTION 114 LETTERS. ON AUGUST 24, 1993, REPRESENTATIVES FROM EPA AND KENNAMETAL MET TO DISCUSS EPA'S NOTICE OF VIOLATION. SHORTLY AFTER THE NOV CONFERENCE KENNAMETAL CONTACTED REGION 9 TO DISCUSS ITS PROPOSAL TO TEST THE THERMIT KILN'S EXHAUST STREAM AND DESIGN APPROPRIATE CONTROL TECHNOLOGY. ON OCTOBER 4, 1993, AFTER KENNAMETAL PROVIDED REGION 9 WITH ITS SCHEDULE FOR COMING INTO COMPLIANCE, REGION 9 ISSUED THE COMPLIANCE ORDER REQUIRING EXHAUST STREAM SOURCE TESTING AND INSTALLATION OF CONTROL TECHNOLOGY. THE COMPLIANCE ORDER REQUIRED KENNAMETAL TO FILE STATUS REPORTS AND SOURCE TESTING RESULTS WHICH EPA HAS RECEIVED AS REQUIRED. REGION 9 REQUESTS THAT A CIVIL COMPLAINT BE FILED IN FEDERAL DISTRICT COURT. REGION 9 BELIEVES THAT THE CASE CAN BE RESOLVED BY ENTERING INTO A CONSENT DECREE REQURING KENNAMETAL TO PAY A CIVIL PENALTY OF $492,000 AND TO OPERATE CONTROL TECHNOLOGY FOR ENSURING THAT THE THERMIT KILN WILL COMPLY WITH THE SIP'S 20% OPACITY STANDARD AND TSP EMISSION LIMIT.

Defendants (1)

• KENNAMETAL, INC.Named in complaintNamed in settlement

Facilities (1)

• KENNAMETAL INCORPORATED FALLON PLANT

  347 N. TAYLOR ST., FALLON, NV, 89406

  Registry ID: 110021084066

Statutes cited

• CAA 113 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• KENNAMETAL, INC.entered 1996-02-14

  Primary law: CAA

  Federal penalty: $425,000

Timeline (7 milestones)

• 1994-03-15Enforcement Action Data Entered
• 1994-09-13Referred To Dept Of Justice
• 1996-02-13Complaint Filed With Court
• 1996-02-14Final Order Lodged
• 1996-02-14Final Order Entered
• 1996-02-14Concluded
• 1996-03-08Enforcement Action Closed