On December 9, 2003, U.S. EPA inspected Miller�s facility. After a subsequent information request, U.S. EPA concluded that the secondary aluminum NESHAP for secondary aluminum production applied to an aluminum smelting furnace at the facility. Miller contacted U.S. EPA and indicated a desire to take all necessary steps to come into compliance with the NESHAP and to enter into an administrative consent order. Because of this, U.S. EPA did not issue a Finding of Violation nor did it file an administrative complaint. The attached CAFO serves both as a complaint and an expedited resolution of the matter.
For the alleged violations, Miller presented information demonstrating that compliance had already been largely achieved with the above-referenced regulations. Miller had also installed a new afterburner to assure compliance with the dioxin/furan emissions standard. As part of the settlement, Miller agreed to implement a supplemental environmental project (SEP) costing at least $70,000. The SEP involves paving a portion of the facility yard that experiences motor vehicle traffic, and is expected to reduce particulate matter emissions by 8,575 pounds per year.
The proposed penalty calculation for potential violations of emission standard for dioxins/furans, monitoring, recordkeeping, and reporting amounted to $75,100. Because of Miller�s good faith efforts to comply and the significant environmental improvements achieved at the facility (both meeting regulatory r