Furthermore, you are assusming that ACS is not using the proper parts-washing enclosures, containers, ventilation, etc. - a fact not in evidence.
One again, the EPA complaint has absolutely nothing to do with endangering mere human beings - only the soil out back, and a nearby stream via osmosis.
No where have I questioned his cleaning process. None of the articles state what the process is. He has a legal right to use any number of processes or combination of processes.
I did speculate that he used the ZEP product, or possibly a combination of the ZEP and methylene chloride, such that he could stay under the state's threshold level for reporting. It is entirely legal although it costs him more money in the long run.
As long as McNabb remained below that usage level he does not have to report to the state nor expect a inspection from the state. He was in a situation where his compliance was voluntary. His obligation to the state was to keep records of purchaces and disposal. And to furnish those records upon request or allow inpection on request, should the need arise.
What would trigger a request for his records and an inpection? A complaint.
Complaints come mainly from 3 sources: the ex-employee, the business next door, and competitors who think that there is some environmental cheating going on.
The who, what, or why of a complaint makes no difference. It is written into the regs, they have to go out. It happens very frequently and most often it leads to nothing. Its just somebody trying to get even. Or they might find a minor infraction. "Your records are 6 weeks behind. Get them up to date and I'll be back in a couple of months to sign off".
So what happens when the complaint on McNabb comes in? They send out this gal, Spring Allen, who is a low level employee with very little experience. The low woman on the totem pole. All McNabb has to do is show her the records and waltz her thru the plant. She would'nt know what the hell she was looking at. She would then go back to the office and file a report that would never be seen again. When the second complaint came in it would have been easier to handle than the first one. But that is not what happened.
Allen shows up expecting what she runs into everywhere else. Instead: "McNabb agreed with Inspector Spring Allen that he cursed her loudly and personally". He threatened her, intimidated her, scared the shit out of her. And she wrote a report about it. This report would be read many, many times by many, many people.
Let me interupt here to quote a few phrases describing McNabb besides the one above.
The reporter makes two statements: "Saying the 59 year old Mcnabb doesn't like to be told what to do is an understatement" and "McNabb often turns red faced and flings strings of unprintables". The Judge stated: "considering the personal rancor directed at the search team by Steve McNabb".
McNabb is very irrational, a loose cannon. He is his own worst enemy.
So a few days later another complaint comes in and it is about dumping something else. You can be sure that no one at the state agency was willing to go out there again. But it looked like it could be series so thay turned to the feds.
Maybe EPA overreacted. I'll say this: If I had to go out there, and I had read the file, I would go loaded for bear.