Castwell Products, LLC, (Castwell) owns and operates a foundry in Skokie, IL. The foundry is considered a small foundry according to the definition in 40 C.F.R. Part 63, Subpart ZZZZZ. This regulation applies to iron and steel foundries that are area sources of Hazardous Air Pollutants (HAPs) listed in Section 112(b) of the Clean Air Act (the Act). The regulation became effective January 2, 2008 and Castwell was required to submit the Initial Notification for the MACT within 120 days of that date. The regulation also required existing foundries to identify their size as small (an annual metal melt production less than 20,000 tons) or large (an annual metal melt production greater than 20,000 tons). Existing foundries were required to comply with the pollution prevention management practices for metallic scrap and binder formulations and submit notifications of semiannual compliance with the MACT as well.
Castwell submitted the notifications years after they were due and neglected to submit the semiannual compliance reports. In January of 2011, they realized the omission and submitted all of the forms that were required by MACT ZZZZZ.