Region 5 alleged that Voss: installed process equipment without a permit to install in violation of the Michigan state implementation plan at Mich. Admin. Code R. 336.1201(1); operated a major source of a hazardous air pollutant without a Title V operating permit in violation of Section 502 of the CAA and 40 C.F.R. 70.7(b); failed to comply with the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Steel Pickling, 40 C.F.R. Part 63, Subpart CCC; and failed to comply with the NESHAP for Boilers, 40 C.F.R. Part 63, Subpart DDDDD.
On July 24, 2018, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) (formerly the Michigan Department of Environmental Quality) issued to Voss a Permit to Install (PTI) covering its pickling line and associated process equipment. The PTI contains federally enforceable limitations limiting Voss's potential to emit hazardous air pollutants such that Voss is no longer subject to Title V of the CAA, the Steel Pickling NESHAP, or the Boiler NESHAP. Voss certifies in the CAFO that it is complying fully with the requirements of its PTI, including the conditions limiting the facility's potential to emit hazardous air pollutants. The CAFO requires Voss to pay a civil penalty of $48,366.