Metalcasters reach settlement on secondary aluminum MACT. (North America).

On May 23, the U.S. Dept. of Justice ratified a settlement agreement with AF$, the Non-Ferrous Founder's Society (NFFS), and the North American Die Casting Assn. (NADCA) that resolved the metalcasting industry's challenge to EPA's national emission standards for secondary aluminum production facilities. These standards were issued on March 23, 2000. The settlement requires EPA to amend the standards and clarify several definitions by December 31.

Chet Thompson, an attorney with Collier Shannon Scott, P.L.L.C., Washington, D.C., who represented the trade associations in this action, called the settlement "fair to all sides. Most of all, it ensures that the industry's and EPA's scarce resources are applied where they are most needed, and where EPA gets the biggest bang for the buck.'

AFS, NFFS and NADCA challenged the standards on the grounds that EPA improperly and erroneously characterized aluminum diecasters and foundries as "secondary" aluminum production facilities--potentially subjecting them to expensive and unnecessary regulation.

The settlement requires EPA to amend the existing regulations by the end of the year, clarifying that aluminum diecasters, foundries and extruders that melt only clean charge, customer returns and internal scrap and do not operate a sweat furnace, chip dryer or delacquering kiln are not "secondary aluminum producers" or subject to regulation under the rule. EPA also agreed to clarify definitions of "clean charge" and "internal scrap."

"This outcome demonstrates the positive results that can be achieved when the metalcasting industry works together as a team," said Dwight Barnhard, AFS executive vice president.