Air Enforcement: U.S. Environmental Protection Agency and Taunton, Massachusetts, Ethylene Oxide Sterilization Facility Enter into Consent Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency ("EPA") and Professional Contract Sterilization, Inc. ("PCSI") entered into a February 6th Consent Agreement ("CA") addressing alleged violations of the Clean Air Act. See Docket No.: CAA-01- 2022-0059.

The CA provides that PCSI operates a commercial ethylene oxide sterilization facility ("Facility") in Taunton, Massachusetts.

The Facility is stated to be subject to 40 C.F.R. Part 63, Subpart 0. In addition, it is described as an area source of hazardous air pollutant ("HAP") emissions within the meaning of Section 112(a}(l}-(3} of the Clean Air Act. Therefore, it is stated to operate an emissions source to which the requirements of Clean Air Act Section 114(a) apply.

EPA is stated to have issued a Clean Air Act Section 114 Information Collection Request Letter ("Information Request") to PCSI on September 13, 2021. The company responded to the EPA Information Request.

EPA is stated to have inspected the Facility on March 23rd and April 7, 2022. In addition, on April 7, 2022, EPA issued a Clean Air Act Section 114 testing requirement to the Facility.

The Facility was requested to conduct performance testing required by 40 C.F.R. Part 63, Subpart 0, and to submit a Performance Test Plan (" Test Plan") to EPA. Such Test Plan was submitted to EPA on June 7, 2022.

The following alleged violations are cited in the CA:

  • Failure to timely respond to a Clean Air Act Section 114 Information Request
  • Failure to timely comply with a Clean Air Act Section 114 testing requirement

The CA provides that PCSI certify that it has corrected the alleged violations and is currently in compliance with the cited Code of Federal Regulations.

The CA assesses a civil penalty of $15,000.

A copy of the CA can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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