UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 5
77 WEST JACKSON BOULEVARD
CHICAGO, IL 60604-3590

NOV 2 7 2017
REPLY TO T HE ATTENT ION OF:

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kevin Meyer, Plant Manager
Container Life Cycle Management LLC
d/b/a/ Mid-America Steel Drum Company
3 950 South Pennsylvania Avenue
Saint Francis, Wisconsin 53235
Re:

Notice and Finding of Violation
Container Life Cycle Management LLC
St. Francis. Wisconsin

Dear Mr. Meyer:
The U.S. Enviromnental Protection Agency is issuing the enclosed Notice and Finding of
Violation (NOV/FOV) to Container Life Cycle Management LLC (you) under Section l 13(a)(l)
and (a)(3) of the Clean Air Act, 42 U.S.C. §§ 7413(a)(l) and (a)(3).
We find that you are violating Section 114 and Title V of the CAA, the regulations for state
operating pennit progran1s found in 40 C.F.R Part 70, your facility's construction permit, the
National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Off-Site Waste and
Recovery Operations (40 C.F.R. Part 63 , Subpart DD), and the Wisconsin State Implementation
Plan at your St. Francis, Wisconsin facility.
Section l l 3 of the Clean Air Act gives us several enforcement options. These options include
issuing an administrative compliance order, issuing an administrative penalty order and bringing
a judicial civil or criminal action.
We are offering you an opportunity to confer with us about the violations alleged in the
NOV /FOV. The conference will give you an opportunity to present information on the specific
findings of violation, any efforts you have taken to comply and the steps you will take to prevent
future violations. ln addition. in order to make the conference more productive, ·we encourage
you to submit to us information responsive to the NOV /FOV prior to the conference date.
Please plan for your facility's technical and management personnel to attend the conference to
discuss compliance measures and commitments. You may have an attorney represent you at this
conference.

Recycled/Recyclable •

Printed with Vegetable Oil Based Inks on 100% Recycled Paper (100% Post Consumer)

 The EPA contacts in this matter are Manoj Patel and Alexandra Letuchy. You may call Mr.
Patel at (312) 353-3565, or Ms. Letuchy at (312) 886-6035, respectively, to request a conference.
You should make the request within 10 calendar days following receipt of this letter. We should
hold any conference ,vithin 30 calendar days following receipt of this letter.
Sincerely,

~dd/4_,_
Edward Nam
Director
Air and Radiation Division
Enclosure

cc:

Maria Hill, Acting Chi ef, Compliance, Enforcement, and Emission Inventory Section,
Bureau of Air Management, Wisconsin Department of Natural Resources
Maria.Hill @wisconsin.gov
Kendra Fisher, Regional Leader
Southeast Region
Bureau of Air Management, Wisconsin Department of Natural Resources
Kendra.F isher@wisconsin.gov
Ms. Linda Benfield, Attorney
Foley & Larder, LLP
lbenfield@foley.com

 UNITED STA TES ENVIRONMENTAL PROTECTION AGENCY
REGIONS
IN THE MATTER OF:

)

)
Container Life Cycle Management, LLC
St. Francis, Wisconsin

)
)

Proceedings Pursuant to
Section l 13(a)(l) and (a)(3) of the
Clean Air Act, 42 U.S.C.
§§ 7413(a)(l) and (a)(3)

)
)
)
)
)

NOTICE AND FINDING OF
VIOLATION
EPA-5-18-WI-01

NOTICE AND FINDING OF VIOLATION
The U.S. Environmental Protection Agency (EPA) is issuing this Notice and Finding of
Violation (NOV/FOY) under Section l 13(a)(l) and (a)(3) of the Clean Air Act (C.I\A.), 42
U.S.C. § 7413(a)(l) and (a)(3). EPA finds that you are violating Section 114 of the CAA, the
Wisconsin State Implementation Plan (SIP) requirements, conditions of your facility's
construction permit, Title V of the CAI\, the regulations for state operating permit programs
found in 40 C.F.R Part 70. and the National Emissions Standards for Hazardous Air Pollutants
(NESHAP) for Off-Site Waste and Recovery Operations (Subpart DD) at your St. Francis.
Wisconsin facility (Facility), as follows.

Statntorv and Regulaton· Background
Section 114 Requirements
1.

Section l 14(a)(l) of the CAA, 42 U.S.C. § 7414(a)(l), authmizes the Administrator of
EPA to require the submission of information for purposes of detem1ining whether any
person is in violation of any standard or any requirement of a SIP developed pursuant to
42 U.S.C. § 7410.

Wisconsin SlP
2.

On January 18, 1995, EPA approved Wisc. Admin. Code chapter NR 406 as part of the
federally enforceable SIP for Wisconsin. 60 Fed. Reg. 3543 (January 18, 1995). On
March 11. 2008, EPA approved revisions to Wisc. Admin. Code chapter NR 406 as part
of the federally enforceable SIP for Wisconsin. 73 Fed. Reg. 12893 (March 11. 2008).

3.

The Wisconsin SIP, at Wisc. Admin. Code § NR 406.03 . states that no person may
commence construction, reconstruction, replacement, relocation, or modification of a
stationary source unless the person has a construction permit for the source or unless the
source is exempt from the requirement to obtain a permit under Wisc. Stat. § 144.391(5),
or under Wisc. Admin. Code chapter NR 406.

4.

On January 18, 1995, EPA approved NR 407 as part of the federally enforceable SIP for
Wisconsin. 60 Fed. Reg. 3543.

 5.

The Wisconsin SIP, at Wisc. Admin. Code§ NR 407.05(4)(c), requires that the
application shall contain, among other information, the maximum theoretical emissions
of all air contaminants from all emissions units, operations, and activities except for those
exempted under Wisc. Admin. Code§ NR 407.05(4)(9). or (1 O); and emission rates in
tons per year and in terms necessary to demonstrate compliance with emission limitations
consistent with the applicable reference test method.

6.

On April 27, 1995, EPA approved \Vise. Admin. Code§ NR 424.03 as paii of the
federally enforceable SIP for Wisconsin. 60 Fed. Reg. 20643.

7.

The Wisconsin SIP, at Wisc. Admin. Code§ NR 424.03(2)(b), requires that all process
lines which emit organic compounds, solvents, or mixtures on which construction or
modification commenced on or after August 1, 1979, ai1d which are not subject to
emission limitations listed elsewhere in Wisc. Admin. Code chapters NR 419 to 423
shall: (1) control organic compound emissions by at least 85%, or (2) where 85% control
has been demonstrated to be technologically infeasible for a specific process line, control
organic compound emissions by use of the latest available control techniques and
operating practices demonstrating best cunent technology.

Construction Permit
8.

On March 9, 2015, Wisconsin Department ofNatural Resources (WDNR) issued
construction pe1mit No. 14-RSG-142 (2015 Construction Permit) to you.

9.

Section G.1.b.(3)(b) of the 2015 Construction Pennit requires that respective building
fan(s) shall be operated such that exhaust from the overspray filter is vented to the
atmosphere (via stack S12C) at a flow rate of 15,000 actual cubic feet per minute (acfm)
or greater when the paint booth is in operation.

10.

Section ZZZ. l .a.(2) of the 2015 Construction Permit requires that no person may cause,
allow or permit the combined monthly average emission of all hazardous air pollutants
(HAPs) emitted each month, as identified in Section 112(b) of the CAA ([42 U.S.C. §
7412(b)]), to exceed 4,083 pounds per month, averaged over any 12 consecutive calendar
months.

11.

Sections ZZZ.1.b.(2) and (3) of the 2015 Construction Permit requires that the pennittee
shall determine and record the monthly total facility-wide HAP emissions for each HAP.

Title V Permit Program
12.

Title V of the CAA, 42 U.S.C. §§ 7661-7661f, establishes an operating permit program
for major sources of air pollution.

13.

ln accordaJ1ce with Section 502(b) of the CAA_, 42 U.S.C. § 766la(b), the EPA
promulgated regulations establishing the minimum elements of a Title V permit program
to be administered by any air pollution control agency. See 57 Fed. Reg. 32295 (July 21,
1992). Those regulations are codified at 40 C.F.R. Pm 70.

2

 14.

Section 502(d) of the CAA. 42 U.S.C. § 7661a(d), provides that each state must submit to
the EPA a permit program meeting the requirements of Title V.

15.

On November 30, 2001, EPA granted Wisconsin final approval of its Title V CAA
Permit Program, effective November 30, 2001. 66 Fed. Reg. 62951. See also 40 C.F.R.
Part 70, Appendix A.

16.

On February 28, 2006, EPA granted Wisconsin final approval on revisions to its Title V
CAA Permit Program, effective March 30, 2006. 71 Fed. Reg. 9934.

17.

Section 502(a) of the CAA, 42 U.S.C. § 7661a(a), and 40 C.F.R. § 70.7(b) provide that,
after the effective date of any pem1it program approved or promulgated under Title V of
the CAA, no source subject to Title V may operate except in compliance with a Title V
permit.

18.

40 C.F.R. § 70.S(a) provides that "for each part 70 source, the owner or operator shall
submit a timely and complete pennit application in accordance with this section."

19.

40 C.F.R. § 70.5(c) describes the infom1ation that must be provided in a permit
application for such application to be considered complete. The required infom1ation
includes all emissions of pollutants for which the source is major, and all emissions of
regulated air pollutants. A permit application shall describe all emissions of regulated air
pollutants emitted from any emissions unit, except where such units are exempted under
40 C.F.R. § 70.5(c).

20.

40 C.F.R. § 70.5(d) requires that the pem1it application contain a certification by a
responsible official of truth, accuracy, and completeness.

21.

40 C.F.R. § 70.1 (b) provides that all sources subject to Title V shall have a permit to
operate that assures compliance by the source with all applicable requirement.

National Emission Standards for Hazardous Air Pollutants
22.

Section 112 of the CAA, 42 U.S.C. § 7412, requires EPA to promulgate a list of all
categories and subcategories of major sources and area sources of HAP and establish
emissions standards for the categories and subcategories. These emission standards are
known as the NESHAP.

23.

The NESHAPs in 40 C.F.R. Part 63 are national technology-based performance standards
for HAP sources in each category that become effective on a specified date. The purpose
of these standards is to ensure that all sources achieve the maximum degree of reduction
in emissions of HAP that EPA determines is achievable for each source category.

24.

Pursuant to Section 112(b) of the CAA, 42 U.S.C. § 7412(b), EPA designates HAPs,
which present or may present a threat of adverse effects to human health or the
environment.

3

 25.

Section 112(a)(l) of the CAA, 42 U.S.C. § 7412(a), defines "major source" as any
stationary source or group of stationary sources located within a contiguous area and
under common control that emits or has the potential to emit considering controls, in the
aggregate, 10 tons per year (TPY) or more of any HAP or 25 TPY or more of any
combination of H.I\Ps.

26.

Section l 12(i)(3) of CAA, 42 U.S.C. § 7412(i)(3), and 40 C.FR. § 63.4, prohibit the
owner or operator of any source from operating such source in violation of any NESH.I\P
applicable to such source.

27.

The NESHAP, at 40 CFR. Part 63, Subpart A, contains general provisions applicable to
the owner or operator of any stationary source that contains an affected source subject to
the NESHAP at Part 63. These general provisions include definitions at 40 C.F.R.
§ 63.2.

28.

The NESHAP, at 40 C.F.R. § 63.2, defines "affected source" as the collection of
equipment, activities, or both within a single contiguous area and under common control
that is included in a CAA Section 112(c) source category or subcategory for which a
Section 112(d) standard or other relevant standard is established pursuant to Section 112
of the CAA.

NESHAP for Off-Site Waste Recoverv Operations
29.

On July 1, 1996, EPA promulgated the Off-Site Waste Recovery Operations NESHAP,
codified at 40 C.F.R. Part 63, Subpart DD. 61 Fed. Reg. 34140. EPA subsequently
amended the rule on January 8, 200 I, and March 18, 2015. 66 Fed. Reg. 1263 and 80
Red. Reg. 14248. Subpart DD establishes emission standards, requirements to
demonstrate initial and continuous compliance with emission limits, operating limits,
work practice standards, and recordkeeping requirements associated with off-site waste
recovery operations.

30.

The NESHAP, at 40 C.F.R. § 63.680(a)(l) and (a)(2)(i), provides that Subpaii DD
applies to the owner and operator of a plant site that is both a major source of HAP
emissions as defined in 40 C.F.R. § 63 .2 and includes a waste management operation that
receives off site material, and the operation is regulated as a hazardous waste treatment,
storage, and disposal facility (TSDF) under either 40 C.F.R. Part 264 or Part 265.

31.

The NESHAP, at 40 C.F.R. § 63 .680(b )(] ), provides that an off-site material is a material
that meets all of the following criteria: ( 1) the material is a waste, used oiL or used
solvent as defined in 40 C.F.R. § 63.681: (2) the waste, used oil, or used solvent is not
produced or generated within the plant site, but the material is delivered, transferred, or
otherwise moved to the plant site from a location outside the boundaries of the plant site;
and (3) the waste, used oil. or used solvent contains one or more of the HAP listed in
Table I of Subpart DD based on the composition of the material at the point-of-delivery,
as defined in 40 C.F.R. § 63 .681.

32.

The NESHAP, at 40 C.F.R. § 63.680(c)(l) provides that for each operation specified in
paragraphs (a)(2)(i) through (vi) of 40 C.F.R. § 63.680 that is located at the plant site, the
4

 affected source is the entire group of off-site material management units associated with
the operation. An off-site material management unit may be any of the following: a tank,
container, surface impoundment, oil-water separator, organic-water separator, or transfer
system used to manage off-site material.
33.

The NESHAP . at 40 C.F.R. § 63.680(e)(2), provides that the owner or operator of an
affected source for which construction or reconstrnction commences on or after October
13, 1994, mnst achieve compliance with the provisions of Subpart DD (except 40 C.F.R.
§§ 63.685(b)(2), 63.69l(b)(2), and 63.69l(c)(3)(i) and (ii)) on or before July 1, 1996, or
upon initial startup of operations, whichever date is later as provided in 40 C.F.R.
§ 63.6(b).

34.

The NESHAP, at 40 C.F.R. § 63.680(e)(2), also provides that new affected sources that
commenced construction or reconstruction after October 13, 1994, but on or before July
2, 2014, shall be in compliance with the tank requirements of 40 C.F.R. § 63.685(b)(2)
two years after the publication date of the final amendments, the equipment leak
requirements of 40 C.F.R. § 63.691 (b )(2) one year after the publication date of the final
amendments, and the pressure relief device monitoring requirements of 40 C.F.R.
§ 63.691(c)(3 J(i) and (ii) three years after the effective date of the final amendments.

35.

The NESHAP, at 40 C.F.R. § 63.680(e)(2), also provides that new affected sources that
commence constrnction or reconstrnction after July 2, 2014, shall be in compliance with
the tank requirements of 40 C.F.R. § 63.685(b)(2), the equipment leak requirements of 40
C.F .R. § 63 .691 (b )(2), and the pressure relief device monitoring requirements of 40
C.F.R. § 63.691(c)(3)(i) and (ii) upon initial startup or by the effective date of the final
amendments, whichever is later.

36.

The NESHAP. at 40 C.F.R. § 63 .681, defines container as a portable unit used to hold
material. Examples of containers include, but are not limited to, drums, dumpsters, rolloffboxes, bulk cargo containers commonly known as "portable tanks" or "totes", cargo
tank trucks, and tank rail cars.

37.

The NESHAP, at 40 C.F.R. § 63.681, defines oil-water separator as a separator that is
used to separate oil from water.

38.

The NESHAP. at 40 C.F.R. § 63.681, defines tank as a stationary unit that is constructed
primarily ofnonearthen materials (such as wood, concrete, steel, fiberglass, or plastic)
which provide structural suppmi and is designed to hold an accumulation of liquids or
other materials.

39.

The NESRA..P, at 40 C.F.R. § 63.681. defines transfer system as a stationary system for
which the predominant function is to convey liquids or solid materials from one point to
another point within a waste management operation or recovery operation. For the
purpose of Subpart DD, the conveyance of material using a container or a self-propelled
vehicle (e.g., a front-end loader) is not a transfer system. Examples of a transfer system
include, but are not limited to, a pipeline. an individual drain system, a gravity-operated

5

 conveyor (such as a chute), and a mechanically-powered conveyor (such as a belt or
scre,v conveyor).

Relevant Factual Background
40.

Container Life Cycle Management LLC (CLCM) owns and operates a steel and plastic
drum reconditioning processing facility at 3950 South Pennsylvania Ave, Saint Francis,
Wisconsin (Facility).

41.

At the Facility, CLCM reconditions used industrial drums. The containers can either be
plastic or metal depending upon their original use and the materials stored. These
materials include industrial liquids. At the facility, CLCM employees the inspect, clean,
refurbish. leak-test, paint, and resell the containers. The cleaning portion of process
consists of interior and exterior washing/ soaking and rinsing.

42.

On November 20, 2016 and May 4, 2017, EPA conducted inspections of the Facility to
evaluate CLCM's compliance with the CAA.

43.

On April 5,2017, EPA issued an information request to the Facility under Section 114 of
the CAA, 42 U.S.C. § 7414 (Section 114 Infom1ation Request). The information request
required, among other things, that CLCM conduct performance testing to measure
volatile organic compounds (VOC) emissions exhausted through the Caustic Scrubber
(Control CJO) at Stack S98 and to measure the VOC emission removal efficiency(%) of
the Caustic Scrubber (Control Cl0).

44.

CLCM operates the following emission units at the Facility, as identified in the 2015
Construction Pern1it: Interior Caustic Preflush (Process P80A), Exterior Wash/Soaker
(Process P80B), Exterior Rinse (Process P80C), Internal Drum Washer (Process P42).
Drum-Caustic Pre-Flush (Process P95), Exterior wash/Soal(er (Process P72), Exterior
Rinse (Process P73), and Internal Double Split Washer (Process P74), that all exhaust
through a Caustic Scrubber (Control CI0) at Stack S98. The Facility also operates an
Acidiz.er (Process P75) that exhaust through an Acid Scrubber (Control C70), that in turn
exhausts through the Caustic Scrubber (Control Cl0) at Stack S98. CLCM also operates
natural gas fired heaters. Mists and vapors generated from the processes described above
in this paragraph also exhaust through the Caustic Scrubber (Control CI0) at Stack S98.

45.

CLCM operates an Auto Exterior Drum Spray Booth (Process 32C), controlled by an
Overspray Filter (for PM control only) that exhausts at Stack S 12C.

46.

CLCM operates a Curing Oven (Process 32B) that exhausts at Stack S 12B.

47.

On September 19, 2017, contractors for CLCM conducted performance testing at Stack
S98. Stack S12C, and Stack S12B (the Ped'orn1ance Test) in response to the Section 114
Information Request. CLCM submitted the results of the Performance Test to EPA in a
report on October 27, 2017.

48.

The Performance Test measured total hydrocarbons (THC) using Method 25 at Stack
S98, Stack S12C, and Stack S12B, but failed to measure the VOC emissions at the

6

 Caustic Scrubber (Control Cl0) at Stack S98 and to measure the VOC emission removal
efficiency(%) of the Caustic Scrubber (Control Cl0).
49.

The Performance Test measured a THC emission rate of 53.65 pounds per hour (lb/hr)
from Stack S98, a THC emission rate of 6.02 lb/hr from Stack S l 2C, and a THC
emission rate of 2.17 lb/hr from Stack S12B. Using these emission rates, EPA calculated
that the Facility's annual facility VOC emission rate is in excess of 100 tons per year,
after accounting for the contribution of acetone, which is included in THC emission
findings but not regulated as a voe.

50.

The Performance Test measured VOCs and HAPs using Method TO-15 at Stack S98.
One summa canister sample was collected during each run in order to characterize
organic chemicals present in the exhaust.

51.

In response to the Section 114 lnformation Request. on May 10, 2017, CLCM provided a
spreadsheet quantifying monthly HAP emissions from the Auto Exterior Drum Spray
Booth P32C. CLCM did not detennine and record HAPs from the interior and exterior
washing/soaking and rinsing process lines that exhaust through the Caustic Scrubber
(Control CIO) at Stack S98.

52.

Using the Performance Test sununa canister HAP sample results combined with monthly
HAP emissions from the Auto Exterior Spray Booth P32C, EPA calculated an armual
facility HAP emission rate in excess of 25 tons per year and a combined monthly average
emission rate of all HAPs, in excess of 4,083 pounds per month, averaged over any 12
consecutive calendar months.

53.

The Perfom1ance Test measured the exhaust flow rate from the Auto Exterior Drum
Spray Booth (Process 32C), controlled by an Overspray Filter (for PM control only) that
exhausts at Stack S l 2C. The average flow rate in acfm was lower than 15,000.

54.

In CLCM's August 8, 2014 Construction Permit Application, CLCM stated that the
Caustic Scrubber (Control C70) only controls Sodium Hydroxide (NaOH) emissions.

55.

In CLCM's November 12, 2015 Operation Pem1it Application, CLCM applied for a
Synthetic Minor, Non - Part 70 Source Operation Permit. CLCM calculated its actual
VOC emissions for the Facility to be 43.58 tons per year and its potential to emit to be
70.48 tons per year and CLCM did not account for any VOC emissions from the interior
and exterior washing/soaking and rinsing process lines that exhaust through a Caustic
Scrubber (Control Cl0) at Stack S98 in its VOC calculations.

56.

CLCM bas not applied for and does not have a Title V, Part 70 Source Operation Permit.

57.

On or about November 27. 2017, EPA notified CLCM that EPA had determined, among
other things, that CLCM had stored hazardous waste without a license. See RCR},_ Notice
of Violation dated November 27, 2017 (RCRA NOV).

58.

In accordance with the RCRA NOV, CLCM's waste management operation at the
Facility is regulated as a hazardous waste TSDF under 40 C.F.R. Part 264.

7

 59.

CLCM operates a waste management operation at the Facility consisting of a collection
of off-site management units and equipment components. The off-site management units
include the tanks, containers, oil-water separator, and transfer systems.

60.

CLCM's waste management operation at the Facility receives off-site material that is: (i)
a waste, i.e. a material generated from industrial operations that is discarded, (ii) not
produced or generated within the plant site, and (iii) contains HAPs, such a hexane,
methyl ethyl ketone (MEK), and toluene.
Violations

Section 114 Requirements
61.

CLCM failed to conduct the Performance Test to measure VOC emissions exhausted
through the Caustic Scrubber (Control Cl 0) at Stack S98 and to measure the VOC
emission removal efficiency(%) of the Caustic Scrubber (Control Cl0) in violation of
Section l 14(a) of the CAA, 42 U.S.C. § 7414(a).

Wisconsin SIP
62.

CLCM failed to include in its operation pem1it application emissions-related infonnation
for VOC emissions from the emissions units routed to the Caustic Scrubber (Control
Cl0), exhausted at Stack 98 in violation of the Wisconsin SIP, at Wisc. Admin. Code
§ NR 407.05(4).

63.

CLCM failed to control organic compounds from the process lines which exhaust through
the Caustic Scrubber (Control C!0), at Stack 98 by at least 85%, in violation of the
Wisconsin SIP. at Wisc. Admin. Code§ NR 424.03(2)(b).

Construction Permit
64.

CLCM emitted a combined monthly average emission of all HAPs, in excess of 4.083
pounds per month, averaged over any 12 consecutive calendar months. in violation of
Construction Pem1it condition ZZZ.1.a.(2).

65.

CLCM failed to determine and record the contribution of HAPs from the interior and
exterior washing/soaking and rinsing process lines that exhaust through a Caustic
Scrubber (Control Cl 0) at Stack S98 to the total facility-wide HAP calculation in
violation of Construction Pennit conditions ZZZ.1.b.(2) and (3).

66.

CLCM failed to operate the respective building fan(s) such that exhaust from overspray
filter are vented to the atmosphere (via stack S12C) at a flow rate of 15.000 acfm or
greater when the paint booth is in operation in violation of Construction Permit condition
G.1.b.(3 )(b ).

8

 Title V Violations
67.

CLCM failed to submit a timely, accurate, and complete Title V pennit application to
Vv'DNR in violation of 40 C.F.R. §§ 70.S(a),(c), and (d), and Section 503 of the CAA, 42
U.S.C. § 766la(b).

68.

CLCM operated a facility subject to Title V of the CAA after the effective date of
Wisconsin's Title V CAA Permit program in violation of 40 C.F.R. § 70.7(b) and Section
502(a) of the CAA, 42 U.S.C. § 7661 a(a).

NESHAP Violations
69.

CLCM's Facility is a major source of HAP emissions, operates a waste management
operation that receives off-site material and the operation is regulated as a hazardous
waste TSDF under 40 C.F.R. Part 264. CLCM failed to demonstrate initial and
continuous compliance with emission limits, operating limits, work practice standards,
and recordkeeping requirements associated with off-site waste recovery operations in
violation of Subpart DD.

Environmental Impact of Violations
70.

These violations have caused or can cause excess emissions ofVOCs, which contribute
to ozone, and HAPs (including hexane, toluene, and MEK).
Ozone: Breathing ozone contributes to a variety of health problems including chest pain,
coughing, throat irritation, and congestion. It can worsen bronchitis, emphysema, and
asthma. Ground-level ozone also can reduce lung function and inflame lung tissue.
Repeated exposure may pem1anently scar lung tissue.
Hexane: Acute exposure to hexane by inhalation causes mild central nervous system
depression. Symptoms include dizziness, slight nausea, and headaches. Chronic
inhalation exposure causes a decreased ability to move or feel because of nerve damage.
Symptoms include numbness in the extremities, muscular weakness, blurred vision,
headache, and fatigue.
Toluene: The central nervous system is the primary target organ for toluene toxicity in
both humans and animals for acute and chronic exposures. Central nervous system
dysfunction (which is often reversible) and narcosis have been frequently observed in
hun1ans acutely exposed to low or moderate levels of toluene by inhalation; symptoms
include fatigue. sleepiness, headaches, and nausea. Central nervous system depression
and death have occurred at higher levels of exposure. Chronic inhalation exposure of
humans to toluene causes irritation of the upper respiratory tract and eyes, sore throat,
dizziness. headache, and difficulty with sleep.
MEK: Acute exposure of humans to high concentrations of methyl ethyl ketone produces
irritation to the eyes, nose, and throat. Other effects reported from acute inhalation
exposure in humans include central nervous system depression, headache, and nausea.
Limited information is available on the chronic effects of methyl ethyl ketone in humans
9

 from inhalation exposure. One study reported nerve damage in individuaJs who sniffed a
glue thinner containing methyl ethyl ketone and other chemicals.

Date

Edward Nam
Director
Air and Radiation Division

10

 CERTIFICATE OF MAILING
I certify that I sent a Notice and Finding of Violation, No. EPA-5-18-WI-01, by Certified
Mail, Return Receipt Requested, to:
Kevin Meyer, Plant Manager
Container Life Cycle Management LLC
d/b/a/ Mid-America Steel Drum Company
8570 South Chicago Road
Oak Creek, Wisconsin 53154

I also certify that I sent copies of the Notice of Violation by email to:
Maria Hill, Acting Chief
Compliance, Enforcement, and Emission Inventory Section
Bureau of Air Management
Wisconsin Department of Natural Resources
Maria.Hill ra),wisconsin. Qov
Kendra Fisher, Regional Leader
Southeast Region
Bureau of Air Management
Wisconsin Department of Natural Resources
Kendra. Fisher@wisconsi n. gov
Ms. Linda Benfield
Attorney
Foley & Larder, LLP
lbenfield@folev.com

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CERTIFIED MAIL RECEIPT NUMBER:

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Kathy Jones, Progran{ Technician
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