On December 19, 2013, U.S. DOJ lodged a consent decree resolving a civil action against AL Solutions, Inc. for violations of Section 112(r) of the CAA. The U.S. alleges that AL Solutions violated Section 112(r) of the Clean Air Act at its facilities located in New Cumberland, West Virginia and Washington, Missouri used for the storage and recycling of titanium and zirconium swarf into an aluminum additive. The CAA Section 112(r) general duty clause requires, in relevant part, that stationary emissions sources (i) identify hazards that may result from an accidental release of titanium and/or zirconium, and (ii) design and maintain a safe facility with respect to both. In response to an explosion at the New Cumberland Facility which killed three workers, EPA Region III determined that AL Solutions failed to conduct an adequate process hazard analysis and had failed to design and maintain the facility taking into account the hazardous and volatile nature of the materials stored and processed there.
In Region VII, investigators at the Missouri Facility documented fire hazards including insulation labeled with a combustible warning, residue titanium shavings on the floor, and evidence of previous fires, burned insulation, fire-affected wiring, and titanium sludge covering large areas of the floor. EPA Region VII subsequently determined that AL Solutions had not undertaken hazard assessments for the Washington, Missouri Facility. With respect to both facilities, EPA determ