East Liverpool waste furnace, EPA clash over ending court-ordered pollution monitoring

Operators of a hazardous waste incinerator in East Liverpool and the U.S. Environmental Protection Agency are at odds over whether a six-year-old consent decree over Clean Air Act violations should be lifted.

Arcwood Environmental – East Liverpool Inc., formerly Heritage Thermal Services, and the EPA are locked in a dispute over the frequency and causes of excess emissions at the company’s incinerator, court documents show.

Arcwood stated in a federal court filing that instances where its pollution exceeded permitted levels – known as "MACT Exceedances" – have significantly decreased. Reporting 13 such events in the first three months of 2025, the company said it shows the continuation of a downward trend. Arcwood attributed many of the recent exceedances to equipment malfunctions, which, under federal hazardous waste combustion rules, are not considered violations if the company follows its malfunction plan.

However, the EPA is challenging the assessment. In its own filing, the agency argued that Arcwood's explanations for several of the exceedances were "deficient," failing to adequately identify root causes or evaluate solutions.

According to EPA scientist Karyn DeFranco, the agency disputes Arcwood's classification of 12 out of 17 pollution limit exceedances in the first quarter of 2025 as malfunctions. The exceedances involved various pollutants and operational conditions. While the EPA acknowledged some improvement in Arcwood's investigation reports, it maintains that "substantial improvements" are still needed.

The legal filings are part of an ongoing case stemming from a 2018 lawsuit alleging Clean Air Act violations, which led to the establishment of a consent decree outlining Arcwood's compliance obligations and investigation protocols. Arcwood reported paying $404,000 in penalties in August 2024 for past violations and inadequate reports, clarifying that the payment was a settlement, not an admission of guilt.

Arcwood highlighted voluntary efforts to enhance pollution control, including an $11 million shredder and soot blowers.  Arcwood believes it has met the conditions for the consent decree to end, pending resolution of penalties.

The EPA, however, contends that Arcwood has not demonstrated "satisfactory compliance" with federal hazardous waste combustion rules for a continuous year, a prerequisite for ending the decree.

Both parties indicated their intent to continue discussions to resolve their differences regarding the classification of emission events and the future of the consent decree.

In March, Heritage Environmental Services announced that it had rebranded as Arcwood Environmental.