Douglas Leon Stevens, Negligently Releasing Hazardous Air Pollutant, Nebraska 2016

Norfolk, NE – Douglas Leon Stevens, owner and manager of Apache Manufacturing in Norfolk, Nebraska, was sentenced in August 2016 after pleading guilty to a Clean Air Act violation. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of negligent disregard for environmental regulations and potential harm to employees.

Apache Manufacturing, operating under the names Sinca Industries, Inc. and Bison Industries, Inc., constructs large equipment for the agricultural and livestock industries. A key component of their manufacturing process involved painting sheet metal, utilizing paints and thinners containing hazardous air pollutants, notably xylenes. As a “major source” of these pollutants, Apache was required to operate under a Title V permit issued by the Nebraska Department of Environmental Quality (NDEQ) in March 2011.

The Title V permit imposed strict emission limits: 2.5 tons per year of the greatest single hazardous air pollutant and 10 tons per year for combined hazardous air pollutants, calculated on a rolling 12-month basis. EPA investigators determined that between May and December 2011, Apache knowingly exceeded the 2.5-ton limit for xylene emissions. Despite possessing and being aware of the permit’s conditions, Stevens continued to authorize the use of paints and thinners that contributed to the violations.

The investigation further revealed that Stevens was directly involved in the purchasing of the paints and thinners used at the facility. He was aware these materials contained hazardous air pollutants and understood the inherent risks associated with their use in the paint booths – not only to the environment but also to the health and safety of his employees. The release of these pollutants exposed Apache employees to dangerous levels of hazardous air contaminants.

Following an inspection by the NDEQ, the case was escalated to the EPA’s criminal enforcement program. On June 23, 2016, Stevens pleaded guilty to negligently releasing a hazardous air pollutant into the ambient air, thereby placing another person in imminent danger of death or serious bodily injury – a violation of 42 U.S.C. 7413(c)(4) of the Clean Air Act.

Ultimately, Stevens was sentenced to one year of probation and ordered to pay a $20,000 fine. The case highlights the EPA’s commitment to pursuing criminal charges against individuals who knowingly violate environmental regulations and endanger public health. While the penalty may seem modest, the conviction serves as a warning to other industrial operators that environmental compliance is not merely a bureaucratic requirement but a legal and ethical obligation.

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Key Facts

Defendant: Douglas Leon Stevens
Company: Apache Manufacturing (Sinca Industries, Inc. / Bison Industries, Inc.)
Location: Norfolk, Nebraska
Crime: Clean Air Act violation – negligent release of hazardous air pollutant (xylene).
Statute Violated: 42 U.S.C. 7413(c)(4)
Penalty: One year probation and $20,000 fine.
Timeline: Emissions violations occurred between May-December 2011; guilty plea June 2016; sentencing August 2016.

Source: EPA ECHO Enforcement Case Database

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