DOJ Reaches Agreement with Aluminum Facility

The U.S. Department of Justice has reached a settlement with the state of Indiana, Hammond, Ind., and Jupiter Aluminum Corp., the operator of a secondary aluminum production facility in Hammond. The settlement resolves Clean Air Act violations arising from the operations of the facility.

Under the consent decree, Jupiter agreed to take steps to ensure compliance with certain provisions of the CAA. Jupiter will also pay a civil penalty of $2 million.

Late last week the Justice Department filed a complaint alleging Jupiter violated the National Emission Standards for Hazardous Air Pollutants, applicable to aluminum recyclers that use painted or coated aluminum scrap, which became effective in early 2003. Such secondary aluminum production facilities can emit hazardous air pollutants during their operations, including dioxin, furans, hydrochloric acid, and particulate matter containing hazardous metals. The complaint and settlement with Jupiter is the first to be brought in federal court to enforce the NESHAP regulations applicable to secondary aluminum production facilities.

"Jupiter Aluminum has agreed to implement procedures which will reduce harmful emissions into the air. Today's settlement is an example of the good that can come from the cooperation of federal, state and local government," said Ryan Nelson, deputy Assistant Attorney General for the Justice Department's Environment and Natural Resources Division.

In the complaints, the federal, state and local governments allege that Jupiter violated the CAA NESHAP standards applicable to secondary aluminum production facilities through its failure to establish proper pollution controls and to monitor "fugitive" emissions from its aluminum recycling facility. The settlement also mandates Jupiter take the following steps:

-- Perform several tests to determine whether recent modifications that Jupiter made to its pollution control equipment on its two main melting furnaces adequately captures fugitive emissions from the furnaces, and whether the equipment adequately removes dioxin/furans, hydrochloric acid and particulate matter at the smoke stacks.

-- Should the tests demonstrate that Jupiter is not adequately capturing fugitive emissions or not adequately removing pollutants, then Jupiter will be required to make further modifications to its pollution control equipment or otherwise alter its operations to maintain compliance.

-- Properly weigh scrap aluminum prior to charging it into the furnaces and keep records of the type and amount of scrap charged to ensure that compliance with emission standards are maintained.

-- Fund an independent monitoring consultant to assist the regulatory agencies in monitoring Jupiter's compliance with the consent decree.

-- Allow the Hammond Department of Environmental Management to install and operate a video monitoring system, which will continuously record furnace operations.

-- Resubmit an operation, maintenance and monitoring plan, and improve its maintenance and recordkeeping practices to prevent future violations.

The agreement is subject to a 30-day public comment period and final court approval. A copy of the consent decree is available on the Department of Justice Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html.