A ferroalloy production company rebuilt one of its electric arc furnaces, which EPA alleged was a major modification to a major source. The company failed to obtain a permit, perform air quality modelling, or apply best available control technology (BACT) prior to construction.

Total Cost over $9 Million
A US Department of Justice (DOJ) news release announced the filing of a proposed Consent Decree for a settlement with the company. The Consent Decree requires a $2.6 million civil penalty. To meet BACT and other current requirements, the company must “implement an estimated $6.5 million in new and improved air pollution emissions controls and limit the sulfur content of inputs in its metal production process.”

Separate State Enforcement
Despite having an EPA approved State Implementation Plan (SIP) and receiving multiple notices from EPA of the company violating the SIP, the state where the facility is located did not join this case. The company and that state’s environmental agency agreed to a separate administrative order (with no penalty) in May 2023.

To see the state agency order epa.ohio.gov/static/Portals/27/sip/SO2/E1-RevMushRivSup-2023DraftRevGlobeDFFOs.pdf

To see DOJ’s news release, which has a link to access the Complaint and the proposed Consent Decree https://www.justice.gov/opa/pr/globe-metallurgical-pay-26-million-fine-implement-extensive-emissions-controls-and-limit

Texas Environmental Superconference
Crain, Caton & James P.C. is a proud sponsor of the Texas Environmental Superconference. I hope to see many of you this week in Austin.