Hydro Aluminum North America, Inc. and Hydro Aluminum Precision Tubing North America, LLC (Board decision, August 17, 2010)

Plain-English summary

Hydro Aluminum North America, Inc. and Hydro Aluminum Precision Tubing North America, LLC consented to entry of a Final Order resolving an EPA enforcement matter under the Clean Air Act, EPCRA, RCRA, and Clean Water Act docket numbers listed above. EPA published notice of the proposed Final Order and received one public comment. The Environmental Appeals Board approved and incorporated the Consent Agreement and ordered Hydro to comply with its terms. The Final Order does not state a penalty amount.

Decision snapshot

• Cited authorities: 33 U.S.C. §§ 1319(g)(4) and 1321(b)(6)
• Outcome: The Consent Agreement was approved and incorporated into a Final Order.
• Key point: The EAB made the negotiated Consent Agreement effective and ordered the respondents to comply with it.

Full text (EPA EAB public release)

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                                    CERTIFICATE OF SERVICE



                I hereby certify that a copy of the Final Order for In the Matter of Hydro,
         Docket No. HQ-CAA-2009-8002, Docket No. HQ-EPCRA-2009-8002, Docket No. HQ-
         RCRA-2009-8002, and Docket No. HQ-CWA-2009-8002, was sent to the following person
         in the manner indicated:

         By Certified Mail:              Bart Cassidy. Esq.
                                         Manko. Gold. Katcher & Fox, LLP
                                         401 City Avenue
                                         Suite 500
                                         Bala Cynwyd, PA 19004


         Dated:    AUG 17 2010        [signature]


                                         Signature

                                         Annette Duncan, Secretary


                  BEFORE THE ENVIRONMENTAL APPEALS BOARD
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                               WASHINGTON, D.C.

IN THE MATTER OF:                            )
                                            )
Hydro Aluminum North America, Inc.          )      Docket No. HQ-CAA-2009-8002
and Hydro Aluminum Precision Tubing         )      Docket No. HQ-EPCRA-2009-8002
North America, LLC,                         )      Docket No. HQ-RCRA-2009-8002
wholly owned subsidiaries of                )      Docket No. HQ-CWA-2009-8002
Norsk Hydro North America, Inc.             )
801 International Drive Suite 200           )
Linthicum, MD 21090                         )
                                            )
                      Respondents

                                        FINAL ORDER

        Whereas, Complainant, the United States Environmental Protection Agency, and Hydro
Aluminum North America, Inc. and Hydro Aluminum Precision Tubing North America, LLC,
wholly owned subsidiaries of Norsk Hydro North America, Inc. (collectively Hydro or
Respondents), the Parties herein, represented by counsel, have consented to the entry of this
Final Order, and agree to comply with the terms of the attached Consent Agreement signed by
the parties on November 25, 2009, December 7, 2009 and December 18, 2009, and incorporated
herein; and

       Whereas, EPA caused a Notice for Public Comment on the proposed issuance of this
Final Order to be published in the Federal Register on January 28, 2010, as required by the Clean
Water Act § 309(g)(4), 33 U.S.C. § 1319(g)(4), and § 311(b)(6), 33 U.S.C. § 1321(b)(6), and the
public notice and comment period required closed on March 1, 2010. One public comment was
received on the settlement.

       The Consent Agreement is hereby approved and incorporated by reference into this Final
Order, Hydro is hereby ordered to comply with the terms of the Consent Agreement, effective
immediately.

SO ORDERED


By:     [signature]
Date: August 17, 2010
Environmental Appeals Judge
Environmental Appeals Board
U.S. EPA

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