Douglas Leon Stevens, Clean Air Act Violation, Nebraska 2016

Norfolk, NE – Douglas Leon Stevens, owner and manager of Apache Manufacturing, was sentenced in August 2016 after pleading guilty to a Clean Air Act violation stemming from illegal emissions at the Norfolk facility. The case, investigated by the Environmental Protection Agency (EPA), revealed a pattern of knowingly exceeding permitted levels of hazardous air pollutants, specifically xylenes, during the company’s sheet metal painting process.

Apache Manufacturing, operating under the names Sinca Industries, Inc. and Bison Industries, Inc., was required to adhere to strict emission limits as a major source under the Clean Air Act. A Title V permit, issued by the Nebraska Department of Environmental Quality in March 2011, capped xylenes emissions at 2.5 tons per year and total hazardous air pollutant emissions at 10 tons per year, calculated on a rolling 12-month basis. EPA investigators determined that Apache violated these conditions between May and December 2011.

According to the EPA’s investigation, Stevens was directly involved in the procurement of paints and thinners containing hazardous air pollutants. He was aware of the potential dangers posed by these materials to both employees and the environment. The continued use of these substances in the paint booths, despite knowledge of the permit restrictions, resulted in the release of excessive levels of xylenes into the ambient air. This not only constituted a violation of environmental regulations but also exposed Apache employees to potentially harmful levels of hazardous air pollutants.

The case highlights the critical importance of adhering to environmental permits and the potential consequences of negligent disregard for air quality standards. The EPA’s enforcement actions underscore the agency’s commitment to protecting public health and the environment by holding individuals accountable for violations of the Clean Air Act. The Nebraska Department of Environmental Quality initially identified the issue during a facility inspection, which then prompted the federal investigation.

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Key Facts

Defendant: Douglas Leon Stevens
Company: Apache Manufacturing (Sinca Industries, Inc. / Bison Industries, Inc.)
Location: Norfolk, Nebraska
Statute Violated: 42 U.S.C. 7413(c)(4) – Negligently releasing a hazardous air pollutant, placing another in imminent danger.
Hazardous Air Pollutant: Xylenes
Permit Violation: Exceeded permitted emission limits for xylenes and total hazardous air pollutants.
Plea: Guilty
Sentence: One year of probation and a $20,000 fine.

Stevens pleaded guilty on June 23, 2016, to negligently releasing a hazardous air pollutant and thereby negligently placing another in imminent danger of death or serious bodily injury. The final sentencing, handed down on August 8, 2016, included a one-year probationary period and a substantial fine of $20,000. The case serves as a cautionary tale for other industrial facilities regarding the necessity of strict compliance with environmental regulations and responsible handling of hazardous materials.

GrimyTimes will continue to follow developments in environmental crime and provide updates on enforcement actions taken by the EPA and state agencies.

Source: EPA ECHO Enforcement Case Database

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