8/1/05 - EPA ALLEGES THAT LOGAN ALUMINUM, INC. (LOGAN) VIOLATED THE HAZARDOUS AIR POLLUTANT PROVISIONS OF SECTION 112 OF THE CAA IMPLEMENTED BY THE REGULATIONS AT 40 CFR PART 63, SUBPART RRR (SECONDARY ALUMINUM PRODUCTION), ALSO KNOWN AS THE SECONDARY ALUMINUM MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY (MACT) REGULATIONS. IN FISCAL YEAR 2005, EPA'S OFFICE OF ENFORCEMENT AND COMPLIANCE REQURESTED THE REGIONS SELECT THREE MACT REGULATIONS TO FOCUS ENFORCEMENT OF SUBSTANTIAL NONCOMPLIANCE. REGION 4 SELECTED THE SECONDARY ALUMINUM MACT AS ONE OF ITS ENFORCEMENT PRIORITIES. ADDITIONALLY, LOGAN VIOLATED PROVISIONS OF ITS TITLE V PERMIT THAT IMPLEMENT THE SECONDARY ALUMINUM MACT REQUIREMENTS. SECTION 502(A) OF THE CAA SPECIFIES THAT ANY VIOLATION OF A CONDITION IN A TITLE V PERMIT IS UNLAWFUL.
LOGAN MANUFACTURES ALUMINUM SHEETS THAT RAE USED IN THE BEVERAGE AND AUTOMOTIVE INDUSTRIES. LOGAN IS JOINTLY OWNED BY ARCO ALUMINUM, INC., AND NOVELIS, INC. (A SPIN OFF OF ALCAN). THE VIOLATIONS ALLEGED IN THE REFERRAL WERE IDENTIFIED DURING A FULL AIR COMPLIANCE EVALUATION AT LOGAN'S SECONDARY ALUMINUM PRODUCTION FACILITY IN RUSSELLVILLE, KY, CONDUCTED ON MARCH 9-10, 2004, BY EPA AND THE KY DEPT FOR ENVIRONMENTAL PROTECTION. THE VIOLATIONS ALLEGED INCLUDE: POTENTIAL EMISSIONS EXCEEDANCES OF PARTICULATE MATTER AND HYDROGEN CHLORIDE, VIOLATING OPERATING REQUIREMENT PARAMETERS, FAULTY PERFORMANCE TESTING, AND INADEQUATE/INVALID MONITORING. ADDITIONALLY, REGION 4 REFERRED NUMEROUS REPORTIN