On December 23, 2005, the Regional Administrator of U.S. EPA Region 5, signed a Combined Complaint and Consent Agreement/Final Order (CAFO) resolving violations of the Ohio State Implementation Plan (SIP) by OSCO Industries, Inc. (OSCO). The CAFO resolves violations of the Ohio SIP at OSCO's facilities located in Jackson and Portsmouth, Ohio. The Ohio SIP provision violated, Ohio Admin. Code 3745-21-08, requires carbon monoxide gases emitted from a grey iron foundry cupola to be burned at 1,300 degrees Fahrenheit in a direct-flame afterburner or equivalent device. U.S. EPA determined that, during instances on 178 days at the Portsmouth facility, and on 468 days at the Jackson facility, the carbon monoxide gases emitted from the cupolas were burned at less than 1,300 degrees Fahrenheit in the afterburners.
The U.S. EPA calculated a penalty of $37,950 for the Portsmouth facility violations and $49,500 for the Jackson facility violations.. In accordance with the penalty policy, U.S. EPA reduced the penalties by 15 percent to $32,547 and $42,453 for cooperation in resolving the matter.