On March 16, 2023, EPA Region III issued an Administrative Compliance Order on Consent (Order) to Industraplate Corp. (Industraplate), the owner and operator of a metal coating facility located at 5 Jmaes Court in Wilmington, Delaware (Facility). While exempt from permitting, Industraplate is subject to Delaware SIP permitting-related requirements in that its anodize bath process is registered requiring Industraplate to maintain records which document that it meets the registration requirements (i.e., has actual emissions of any air contaminant, or contaminants in the aggregate, that are equal to or greater than 0.2 pounds per day, and that are less than 10 pounds per day during each and every); and in that Industraplate is required to maintain records documenting that its other processes - including nickel, cadmium, copper and sulfuric etch plating operations qualify for the exemption from permitting and registration (i.e., have actual emissions of any air contaminant, or contaminants in the aggregate, that are less than 0.2 pounds per day). Respondent is also subject to the Area Source Plating and Polishing NESHAP because its plating operations include tanks as part of its plating and other operations, some of which use compounds that contain cadmium, chromium, lead or nickel in amounts of 0.1 percent or more by weight, or manganese in amounts of 1.0 percent or more by weight.
EPA obtained information as part of its investigation showing that:
Respondent is faili