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The U.S. Environmental Protection Agency (EPA) disclosed that AL Solutions, a West Virginia based metal recycler, has agreed to implement extensive, company-wide safeguards

to prevent future accidental releases of hazardous chemicals from its facilities, resolving alleged Clean Air Act violations (CAA) stemming from an explosion at the company’s New Cumberland, West Virginia facility that killed three people.

AL Solutions recycles titanium and zirconium raw materials for use as alloying additives by aluminum producers. The company currently operates facilities located in New Cumberland and Weirton, West Virginia, Burgettstown, Pennsylvania and Washington, Missouri.

In December 2010, three employees who had been handling zirconium powder at the company’s former plant in New Cumberland, West Virginia died following an explosion which may have been caused by an accidental release of the chemical. Debris from the explosion, which destroyed the production area of the facility, was scattered into the yards of local residents. Earlier this year, the company opened a new, automated facility in Burgettstown, Pennsylvania which includes modern technology to safeguard employees and reduce exposure to hazardous metallic dust.

The EPA estimates that the company will spend approximately $7.8 million to implement extensive measures to ensure compliance with environmental requirements, assess the potential hazards associated with existing and future operations and take measures to prevent accidental releases and minimize the consequences of releases that may occur. In consultation with EPA, the company has already completed significant portions of the work required by the settlement and a prior administrative order.

Among other requirements, AL Solutions must use advanced monitoring technology, including hydrogen monitoring and infrared cameras, to assess hazardous chemical storage areas to prevent fires and explosions. They must also process or dispose of approximately 10,000 drums of titanium and zirconium, or 2.4 million lbs., being stored at facilities in New Cumberland and Weirton, both of which are overburdened communities, by December 2014 to reduce the risk of fire and explosion.

The company will also pay a $100,000 civil penalty to resolve the alleged CAA violations documented during EPA inspections of the New Cumberland and Washington facilities following the explosion. At the Washington facility, inspectors noted evidence of previous fires, burned insulation, fire-affected wiring and titanium sludge covering large areas of the floor.

EPA’s complaint alleged that AL Solutions failed to conduct adequate hazard analyses, and failed to design and maintain the facilities to take account of the extremely hazardous substances there by providing safeguards consistent with industry codes and standards relating to these substances. The State of West Virginia is expected to file a separate complaint soon alleging that the company violated various provisions related to the unlawful storage of waste at the New Cumberland facility. The settlement will resolve those separate  allegations.

In a related action, AL Solutions recently agreed to pay the U.S. Department of Labor a total of $97,000 to resolve alleged violations of the Occupational Health and Safety Act (OSHA). The OSHA settlement, which is subject to final approval by an Administrative Law Judge, requires expanded abatement measures that are consistent with the safeguards in EPA’s settlement to provide ongoing worker safety protection at the company’s four facilities. These measures require adequate fire detection systems, process hazard analyses for production areas, regular safety and health inspections, and restrictions on stockpiling combustible materials.

Since the explosion, EPA and OSHA have coordinated their investigations and shared information, which has resulted in settlements designed to protect workers, communities and the  environment. 

Published in the February 2014 Edition of American Recycler News