HomeMy WebLinkAbout13730 ALD095687679 033 04-12-2024 EHCO JLH Consent Order 24-068-CHW Laiset R.laFtnm ADEN OV Ivey
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April 12,2024
CERTIFIED MAILS 9489 0090 0027 630E 3042 11
Ms. Angela Lovelady, Environmental Engineer
Constellium Muscle Shoals LLC
4805 Second Street
Muscle Shoals,AL 35661
Re: Consent Order No.24-068-CHW
Constellium Muscle Shoals LLC
Muscle Shoals,Colbert County
EPA Identification Number ALD095687679
Dear Ms. Lovelady:
Enclosed is a copy of Consent Order No.24-068-CHW,which requires Constellium Muscle Shoals LLC
to take certain actions at the facility in regard to alleged violations ofthe Alabama Hazardous Wastes
Management and Minimization Act of 1978. This Order became effective on April 1 1,2024. As
described in Order Item A,Constellium Muscle Shoals LLC has forty-five days from that date to pay the
assessed civil penalty. Please remit your penalty payment to:
Office of General Counsel
Alabama Department of Environmental Management
P.O.Box 301463
Montgomery,Alabama 36130-1463
Should you have any questions, please contact Jonah Harris of the Compliance and Enforcement Section
at(334)274-4179.or by email at iharr s(Jedem.alabama.gov
Sincerely,
4.dujV, H. erExecuted: 04-11-2024
trialard Waste Branch
Land Division
Enclosure Mailed: 04-12-2024
CC via email: Amceli Chavez,EPA Region 4
Kayla Acosta,EPA Region 4
Jerome Hand, ADEM Office of Public Affairs
Chris Sasser,ADEM Office of General Counsel
File: 13730 AL095687679 033 04-11-2024 EHCO 1LH Consent Order 24-068-CHW
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ALABAMA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
IN THE MATTER OF:
Constellium Muscle Shoals LLC Consent Order No. 24-068-CHW
Muscle Shoals, Colbert County, Alabama
USEPA Identification Number ALD095687679
PREAMBLE
This Consent Order is made and entered into by the Alabama Department of Environmental
Management ("the Department" or 'ADEM") and Constellium Muscle Shoals LLC ("Constellium
pursuant to the provisions of the Alabama Environmental Management Act ("AEMA"), Ala. Code 6fi
22-22A-1 to 22-22A-17, as amended, and the Alabama Hazardous Wastes Management and
Minimization Act("AHWMMA"), Ala. Code Sfi 22-30-1 to 22-30-24,as amended, and the regulations
promulgated pursuant thereto.
STIPULATIONS
1. Constellium operates an aluminum alloy manufacturing facility (the"Facility") with
EPA Identification Number ALD095687679, located at 4805 Second Street in Muscle Shoals,
Colbert County, Alabama. Constellium, as a result of its operations at the Facility, was a large
quantity generator of hazardous waste, a used oil generator, and a small quantity handler of
universal waste, as those terms are defined in ADEM Admin. Code Div. 14, at all times relevant to
this action.
2. The Department is a duly constituted department of the State of Alabama pursuant
to Ala. Code §§ 22-22A-1 to 22-22A-17, as amended.
3. Pursuant to Ala. Code§22-22A-4(n),the Department is the state agency responsible
for the promulgation and enforcement of solid and hazardous waste regulations in accordance with
the federal Solid Waste Disposal Act§§ 1002 to 11012, 42 U.S.C. §§ 6901 to 6992k, as amended.
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In addition, the Department is authorized to administer and enforce the provisions of the
AHWMMA, Ala. Code §§ 22-30-1 to 22-30-24, as amended.
DEPARTMENT'S CONTENTIONS
4. On August 15, 2023, a representative of the Department's Industrial Hazardous
Waste Branch conducted a compliance evaluation inspection ("CEI") of Constellium. The CEI and
a review of Constellium's compliance showed the following:
(a) ADEM Admin. Code r. 335-14-3-.01(7)(a) provides in pertinent part that a
large quantity generator may accumulate hazardous waste on site without a permit or interim
status provided the generator accumulates hazardous waste on site for no more than 90 days,
unless it has been granted an extension to the 90-day period. ADEM Admin. Code r. 335-14-8-
.01(1)(c) requires a permit for the "treatment", "storage", and "disposal" of any "hazardous waste"
as identified or listed in Chapter 335-14-2.
Constellium stored one container of hazardous waste in the central accumulation
area for longer than 90 days without a permit and without being granted an extension to the 90-
day period. The start accumulation date on the container was February 1, 2023.
(b) Pursuant to ADEM Admin. Code r. 335-14-3-.0I(7)(a)5.(i)b., a large quantity
generator must mark or label its container with an indication of the hazards of the contents
[examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e.,
ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a
hazard statement or pictogram consistent with the Occupational Safety and Health Administration
Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent
with the National Fire Protection Association code 704).
Constellium failed to mark or label one container of hazardous waste in the central
accumulation area with an indication of the hazards of the contents.
(c) Pursuant to ADEM Admin. Code r. 335-14-3-.14(10)(a), the large quantity
generator must submit a copy of the contingency plan required under 335-14-3-.14(8) and all
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revisions to all local emergency responders (i.e., law enforcement agencies, fire departments,
hospitals and State and local emergency response teams that may be called upon to provide
emergency services). This document may also be submitted to the Local Emergency Planning
Committee, as appropriate.
Constellium failed to provide documentation that a copy of the contingency plan
was sent to local emergency responders.
(d) ADEM Admin. Code r. 335-14-3-.14(10)(b) provides in pertinent part that a
large quantity generator must submit a quick reference guide of the contingency plan to the local
emergency responders identified at paragraph (a) Of this section or, as appropriate, the Local
Emergency Planning Committee.
Constellium failed to have a quick reference guide for the required contingency plan.
(e) Pursuant to ADEM Admin. Code r. 335-14-11-.02(5)(a), a small quantity
handler of universal waste must label or mark the universal waste to identify the type of universal
waste. Universal waste batteries (i.e., each battery), or a container in which the batteries are
contained, must be labeled or marked clearly with any one of the following phrases: "Universal
Waste - Battery(ies)",or"Waste Battery(ies)",or"Used Battery(ies)".
Constellium failed to mark or label a container of universal waste batteries with one
of the required phrases.
(0 ADEM Admin. Code r. 335-14-11-.02(6)(a) provides in pertinent part that a
small quantity handler of universal waste may accumulate universal waste for no longer than one
year from the date the universal waste is generated,or received from another handler,unless the
requirements of 335-14- 1 l-.03(6)(b) are met.
Constellium accumulated two containers of universal waste batteries for longer
then one year. The containers were dated with an accumulation start dates of May 1, 2022, and
June 10, 2022.
(g) Pursuant to ADEM Admin. Code r. 335-14-17-.03(4)(b)l., containers and
aboveground used oil tanks used to store used oil at used oil generator facilities must be in good
condition (no severe rusting, apparent structural defects or deterioration).
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Constellium stored used oil in a container that was not in good condition.
5. On September 11,2023,the Department issued a Notice of Violation to Constellium,
which cited violations of the hazardous waste regulations that were discovered during the CEI and
subsequent record review.
6. On October 16, 2023, the Department received Constellium's response to the
aforementioned Notice of Violation.
7. Pursuant to Ala. Code fi 22-22A-5(18), as amended, in determining the amount of
any penalty, the Department must give consideration to the seriousness of the violation(s),
including any irreparable harm to the environment and any threat to the health or safety of the
public; the standard of care manifested by such person; the economic benefit which delayed
compliance may confer upon such person; the nature, extent, and degree of success of such
person's efforts to minimize or mitigate the effects of such violation(s)upon the environment such
person's history of previous violations; and the ability of such person to pay such penalty. Any
civil penalty assessed pursuant to this authority shall not exceed $25,000.00 for each violation,
provided however, that the total penalty assessed in an order issued by the department shall not
exceed$250,000.00. Each day such a violation continues shall constitute a separate violation. In
arriving at this civil penalty, the Department has considered the following:
(a) SERIOUSNESS OF THE VIOLATION(S): In determining the seriousness of
the violations,the Departmentconsidered the general nature and magnitude of the violations along
with the available evidence of irreparable harm to the environment and threat to the health or
safety of the public.
(b) STANDARD OF CARE: In considering the standard of care manifested by
Constellium, the Department noted that the violations described above were non-technical and
easily avoidable. Consequently, Constellium failed to exhibit a standard of care commensurate
with the applicable regulatory standards.
(c) ECONOMIC BENEFIT WHICH DELAYED COMPLIANCE MAY HAVE
CONFERRED: The Department has determined that no significant economic benefit was gained
by Constellium as a result of the violations referenced herein.
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(d) EFFORTS TO MINIMIZE OR MITIGATE THE EFFECTS OF THE
VIOLATION(S) UPON THE ENVIRONMENT: There are no known environmental effects to mitigate
as a result of the alleged violations.
(e) HISTORY OF PREVIOUS VIOLATIONS: Based on a review of Department
records, Constellium does not have a history of similar violations.
(q ABILITY TO PAY: The Department does not have any evidence indicating
that Constellium is unable to pay the civil penalty.
(9) OTHER FACTORS: It should be noted that this Consent Order is a
negotiated settlement and, therefore,the Department has compromised the amount of the penalty
that is warranted in the spirit of cooperation and the desire to resolve this matter amicably without
incurring the unwarranted expense of litigation (see Attachment A, which is made a part of the
Department's Contentions).
8. The Department neither admits nor denies Constellium's Contentions, which are
set forth below. The Department has agreed to the terms of this Consent Order in an effort to
resolve the alleged violations cited herein without the unwarranted expenditure of State resources
in further prosecuting the alleged violations. The Department has determined that the terms
contemplated in this Consent Order are in the best interest of the citizens of Alabama.
CONSTELL(UM'S CONTENTIONS
9. Constellium neither admits nor denies the Department's Contentions. Constellium
consents to abide by the terms of this Consent Order and to pay the civil penalty assessed herein.
Constellium's entry into this Consent Order and agreement to pay the penalty assessed herein
should in no way be deemed an admission of liability or noncompliance.
10. Without limiting Paragraph 9 above, Constellium further contends that:
(a) there is no harm to the environment as a result of the alleged non-
compliance by Constellium;
(b) with respect to the Department's contentions that Constellium stored one
container of hazardous waste for longer than 90 days without a permit or extension, and
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accumulated two containers of universal waste batteries for longer than one year, Constellium
provided evidence that it shipped the containers in question to the disposal facility on the next
scheduled hazardous waste shipment date following the Department's evaluation inspection;
(c) with respect to the Department's contentions that Constellium failed to
properly mark or label one container of hazardous waste and one container of universal waste
batteries, Constellium asserts that (i) the former hazardous waste was comprised of broken light
bulbs stored in a single 5-gallon container and (ii) the two relevant containers were located on
Constellium's expansive industrial property including more than 100 acres under roof. Further,
said single 5-gallon container and single container of universal waste batteries were properly
labeled the day after the Department's relevant evaluation inspection;
(d) with respect to the Department's contention that Constellium failed to
provide documentation of having sent a copy of its contingency plan to local emergency responders,
Constellium asserts that it has since sent its current Hazardous Waste Contingency Plan to the
appropriate emergency responders;
(e) with respect to the Department's contention that Constellium failed to have
a quick reference guide for its contingency plan, Constellium asserts that it has since prepared
said reference guide and sent it to the appropriate local emergency responders;
(E) with respect to the Department's contention that Constellium stored used
oil in a container that was not in good condition, Constellium asserts that the Department
acknowledged this item was immediately corrected;and
(g) Constellium respectfully does not agree with ADEM's application of the
penalty factors and calculation of the penalty given the absence of any harm to the environment
as a result of the alleged non-compliance as well as Constellium's explanations and immediate
remedial actions, as further detailed in Constellium'.October 16, 2023 letter to ADEM.
ORDER
Therefore, without admitting that it has violated any statutes or regulations, Constellium,
along with the Department, desires to resolve and settle the alleged violations cited above. The
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Department has carefully considered the facts available to it and has considered the six penalty
factors enumerated in Ala. Code 8 22-22A-5(18)c.,as amended, as well as the need for timely and
effective enforcement. The Department believes that the following conditions are appropriate to
address the violations alleged herein. Therefore, the Department and Constellium agree to enter
into this Consent Order with the following terns and conditions:
A. Constellium agrees to pay to the Department a civil penalty in the amount of
$10,640.00 in settlement of the violations alleged herein within forty-five days of the effective date
of this Consent Order. Failure to pay the civil penalty within forty-five days from the effective date
may result in the Department's filing a civil action in the Circuit Court of Montgomery County to
recover the civil penalty.
B. Constellium agrees that all penalties due pursuant to this Consent Order shall be
made payable to the Alabama Department of Environmental Management by certified or cashier's
check or other payment methods acceptable to the Department and shall be remitted to:
Office of General Counsel
Alabama Department of Environmental Management
P.O. Box 301463
Montgomery,Alabama 36130-1463
Any payment submitted to the Department pursuant to this Consent Order shall reference
Constellium's name and address, and the ADEM Administrative Order Number of this action.
C. Constellium agrees to comply with all terms, conditions, and limitations of the
AHWMMA, and the regulations promulgated pursuant thereto immediately upon the effective date
of this Order and continuing every day thereafter.
D. The Department and Constellium ("Parties') agree that this Consent Order shall
apply to and be binding upon both parties, and both parties shall direct their directors, officers,
and employees implementing this Consent Order to comply with its provisions. Each signatory to
this Consent Order certifies that he or she is fully authorized by the party he or she represents to
enter into the terms and conditions of this Consent Order,to execute the Consent Order on behalf
of the party represented, and to legally bind such party.
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E. The Parties agree that, subject to the terms of these provisions and subject to
provisions otherwise provided by statute, this Consent Order is intended to operate as a full
resolution of the alleged violations cited herein.
F. Constellium agrees that it is not relieved from any liability if it fails to comply with
any provision of this Consent Order.
G. For purposes of this Consent Order only, Constellium agrees that the Department
may properly bring an action to compel compliance with the terms and conditions contained herein
in the Circuit Court of Montgomery County.
H. The Parries agree that the sole purpose of this Consent Order is to resolve and
dispose of all allegations and contentions stated herein concerning the factual circumstances
referenced herein. Should additional facts and circumstances be discovered in the future which
would constitute possible violations not addressed in this Consent Order, then such future
violations may be addressed in orders as may be issued by the Director, litigation initiated by the
Department,or such other enforcement actions as may be appropriate. Constellium agrees not to
object to such future orders, litigation, or enforcement actions based on the issuance of this
Consent Order if future orders, litigation, or other enforcement actions address new matters not
raised in this Consent Order.
1. The Parties agree that this Consent Order shall be considered final and effective
immediately upon signature of all parties. This Consent Order shall not be appealable, and
Constellium does hereby waive any hearing on the terms and conditions of this Consent Order.
J. The Parties agree that this Consent Order shall not affect Constellium's obligation
to comply with any federal, State, or local laws or regulations.
K. The Parties agree that final approval and entry into this Consent Order are subject
to the requirements that the Department give notice of proposed orders to the public, and that the
public have at least thirty days within which to comment on the Order.
L. The Parties agree that,should any provision of this Consent Order be declared by a
court of competent jurisdiction or the Environmental Management Commission to be inconsistent
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with federal or State law and therefore unenforceable,the remaining provisions hereof shall remain
in full force and effect.
M. The Parties agree that any modifications of this Consent Order must be agreed to
in writing signed by both parties.
N. The Parties agree that, except as otherwise set forth herein, this Consent Order is
not and shall not be interpreted to be a permit or modification of an existing permit under federal,
State, or local law, and shall not be construed to waive or relieve Constellium of its obligations to
comply in the future with any permit.
Executed in duplicate, with each part being an original.
CONSTELLIUM MUSCLE SHOALS LLC ALABAMA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
(Signature of Au rued Representative) ( :Lam�r- Fleur
LLo`4 s A • ,9ir OGS
(Printed Name)
-pCE$tberf
(Printed l s
o4 /f( /toty
(Date Signed) (Date Executed)
Page 9 of 11
Attachment A
Violation Ramher,of ;RRrrti��aW1�bu.' Htmdhrp ��rof
Vloltltloha' of;V161)<ji6Mi ofCOfd' Violation-
Total of
Three
Factors
TOTAL PER FACTOR
Adjustments to Amount of Initial Penalty
Economic Benefit (+) $0 Amount of Initial Penalty $I3,300
Mitigating Factors $0 Total Adjustments (+/-) -$2,660
Ability to Pay (-) $0 FINAL PENALTY $I0,640
Other Factors -$2,660
Footnotes
"See the "FINDINGS"portion of the Order for a detailed description of each violation and the
penalty factors.
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