NH Attorney General Announces Settlement with Foundry

New Hampshire’s Attorney General Kelly Ayotte and the state’s Department of Environmental Services Commissioner Michael Nolin announced that, on July 19, 2006, the Rockingham County Superior Court issued an order approving a Consent Decree executed by the State and AlCuMet, Inc.

The Consent Decree settles a civil enforcement action involving violations of the State’s Air Pollution Control Act, Air Toxic Control Act, and federal Clean Air Act requirements. The violations occurred at AlCuMet’s foundry in Londonderry, N.H.

Under the terms of the settlement, AlCuMet will pay a total civil penalty of $42,000. The State will receive cash payments totaling $32,000. In lieu of paying the remaining penalty in cash, the agreement credits AlCuMet with $10,000 based on the construction and installation of an air pollution control system that will reduce emissions of toxic air pollutants beyond what is required by State and federal law.

The violations were discovered as a result of an inspection by DES in September of 1999. Federal law requires sources using beryllium, a hazardous air pollutant, to conduct stack emissions testing within ninety days of startup, and State law requires that these sources also obtain a State air permit. AlCuMet began using beryllium in its casting process in 1995 but did not obtain a State permit until 2003. The company conducted stack emissions testing only after the State ordered it to do so in 2002. AlCuMet also uses other materials considered to be toxic air pollutants including lead, nickel, manganese, and chromium. State law requires that sources emitting these pollutants demonstrate compliance with ambient air standards.

The results of emissions testing conducted in 2002 indicated that AlCuMet did not exceed state or federal standards. However, AlCuMet’s delay in testing made it impossible for the State to properly monitor AlCuMet’s activities.

"Settlements such as this help to provide a level playing field by ensuring that businesses that do not comply with the regulations do not gain an advantage over those that do," said DES Commissioner Michael Nolin.

"The Legislature designed these laws to prevent harm to the public and to the environment," said Attorney General Ayotte. "For these programs to work, businesses need to comply on time."