May 9, 2005

DEQ Revokes Permit for Tobian Metals, Inc. The Michigan Department of Environmental Quality announced today that it has revoked the air use permit for Tobian Metals, Inc., for their secondary metal processing facility located in Benton Harbor. The decision by DEQ to revoke the air use permit was reached after a public comment period, a show cause hearing, and a contested case hearing, on the proposed permit revocation were held.

“This company did not demonstrate the effort to comply with the same environmental safeguards that other businesses in Michigan operate under,” said G. Vinson Hellwig, Chief of the DEQ’s Air Quality Division.

Prior to revoking the company’s air use permit, the DEQ received numerous air quality complaints about the company from residents neighboring the facility, cited the company for violations of the state air regulations, attempted to negotiate a consent order to formally resolve the state air violations, and took civil action against Tobian Metals to prevent operation of the facility in violation of state air regulations.

The DEQ received a number of comments from citizens during the public comment period and at the show cause hearing that provided the company with an opportunity to demonstrate compliance with their air use permit and the state air regulations. At the show cause hearing, the company failed to demonstrate that the facility could be operated in compliance with their air use permit and the DEQ recommended that the air use permit be revoked. The DEQ then filed a petition for a contested case hearing to revoke the company’s air use permit. The contested case hearing was held in front of an administrative law judge. Following the contested case hearing, a proposal for decision from the administrative law judge was issued and recommended that a final order be entered by DEQ Director Steven E. Chester revoking the company’s air use permit. On April 20, 2005, DEQ Director Chester signed a final order revoking Tobian Metals’ permit.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Revised May 9, 2005 by Alice Stimpson