“Based on review of the records required to be kept by the operating permit, the EPA finds that Deeter has violated its Class II operating permit and the LLCAPCPR by failing to maintain the minimum temperature required by Section XXXIV(B)(1)(b) of the permit for 5402 hours over a period of 45 months.”

💡 This confirms the foundry operated its primary pollution control device below required temperatures for over 5,000 hours, compromising air quality protection for the surrounding community.

“The afterburner must be capable of maintaining a minimum temperature of 1200 degrees Fahrenheit in the area above the charge door after start-up is complete.”

💡 The 1,200 degree minimum exists to ensure pollutants are effectively combusted before release; lower temperatures allow toxic compounds to escape into the environment.

“The EPA finds that Deeter has violated 40 C.F.R. § 63.10899(c) because it failed to submit the semi-annual reports for 2021 and the first half of 2022 to CEDRI.”

💡 Required reports allow regulators and the public to track emissions levels; failing to submit them hides pollution data from oversight.

“The EPA finds that Deeter has violated 40 C.F.R. § 63.10899(e) because it failed to submit a 2021 stack test to CEDRI.”

💡 Performance tests verify whether facilities meet hazardous air pollutant standards; withholding results prevents regulators from confirming compliance.

“Hazardous air pollutants from iron foundries can include heavy metals, volatile organic compounds, and particulate matter, which have been linked to respiratory illnesses, cardiovascular problems, and other long-term health risks.”

💡 This establishes the serious public health consequences when pollution controls fail to operate properly at foundries like Deeter’s facility.

“Deeter is subject to MACT ZZZZZ… This MACT applies to new and existing iron and steel foundries that are an area source… that is a source of hazardous air pollutants.”

💡 Even as an area source rather than major source, the facility emits hazardous materials at levels requiring strict pollution controls to protect surrounding populations.

“Under Section 113(a)(3) of the CAA, 42 U.S.C. § 7413(a)(3), the Administrator of EPA may issue an order requiring compliance to any person who has violated or is violating the 40 C.F.R. Part 63, Subpart ZZZZZ regulations.”

💡 This confirms the EPA has clear legal authority to enforce Clean Air Act requirements and order facilities like Deeter to comply.

“Section 113(a)(3) of the Act provides that whenever EPA finds that any person has violated, or is in violation of an order issued pursuant to the Act, the EPA Administrator may issue an administrative penalty order pursuant to Section 113(d) for civil administrative penalties of up to $25,000 per day for each violation… Pursuant to the Debt Collection Improvement Act of 1996, 31 U.S.C. § 3701 note, and the Civil Monetary Penalty Inflation Adjustment Rule, this penalty maximum was increased to a maximum of $57,617 per day.”

💡 Despite authority to impose penalties exceeding $57,000 per day, the consent order focuses on future compliance rather than financial consequences for past violations.

“Respondent neither admits nor denies the violations in Section IV of this Order.”

💡 Standard corporate legal tactic allows the company to settle without acknowledging responsibility, undermining public accountability.

“Deeter shall submit permit applications, for both the construction permit and operating permit, to the Lincoln-Lancaster County Permitting Department that includes revisions to the compliance, monitoring, and record keeping requirements for the cupola within 180 days of the Effective Date of this Order.”

💡 The order requires procedural fixes but provides no compensation to the community exposed to years of inadequately controlled emissions.

“The following stipulated penalties shall accrue per violation per day for failure to comply with any requirement of paragraph 29 or 30: $150 1st through 15th day, $500 15th day and beyond.”

💡 Penalties of $150-500 per day pale in comparison to fuel costs saved through 5,402 hours of running the afterburner below required temperature.

“Nothing in this Order limits the EPA’s authority to seek appropriate relief, including penalties, under Section 113 of the CAA, 42 U.S.C. § 7413, for the violations alleged in this Order.”

💡 While the consent order does not impose financial penalties, the EPA retains authority to pursue them in future enforcement actions.

“The facility produces gray iron castings for the municipal and construction sectors. Operations include melting, pouring, casting, green sand mold and core production, and parts finishing. Emissions from the furnace are controlled by an afterburner followed by a baghouse.”

💡 This describes the industrial processes that generate hazardous emissions requiring the afterburner pollution controls that Deeter failed to maintain properly.

“The afterburner is conceptually like a protective gateway between the furnace exhaust and the outside environment. Operating below 1200°F compromises that final line of defense, effectively delivering out into the air more toxins, particulate matter, and potential carcinogens.”

💡 This plain-language explanation clarifies why the temperature requirement matters: it is the last barrier preventing toxic emissions from reaching the community.

“Industrial facilities are disproportionately sited in areas where residents have limited political leverage. Over time, these communities can become sacrifice zones, marked by higher rates of respiratory conditions, cancer clusters, and other ailments associated with poor air quality.”

💡 This contextualizes how pollution violations like Deeter’s contribute to environmental injustice, with vulnerable communities bearing the health burdens.