The U.S. Environmental Protection Agency (EPA) announced a settlement with FormFactor that resolves claims of violations of the Clean Air Act at the company’s nickel-plating facility in Livermore, Calif.

FormFactor — a chip-testing equipment maker — will pay a civil penalty of $258,170 as part of the settlement. FormFactor has also certified that its Livermore facility complies with the Clean Air Act.  

“FormFactor’s failure to provide notice, properly document and keep records of emission controls means regulators like EPA -- and the public -- lacked critical information about the Livermore facility’s ability to operate safely,” says Martha Guzman, EPA Pacific Southwest Regional Administrator. “This settlement exemplifies EPA’s commitment to hold accountable entities that fail to comply with federal laws that protect public health, workers and the environment.” 

The EPA says that on June 9, 2021, it inspected the FormFactor nickel-plating facility in Livermore. The agency says Form Factor is required to create and maintain records detailing its compliance with the hazardous air pollutant regulations. Between 2017 and 2020, EPA officials say that FormFactor “failed to keep and submit annual compliance certification documentation that ensures the facility is correctly operating its air emission controls and following applicable management practices and equipment standards.”

FormFactor says it is a leading provider of essential test and measurement technologies along the full integrated circuit life cycle, from characterization, modeling, reliability, and design de-bug to qualification and production tests. It had 2021 revenues of $770 million,

Established under the Clean Air Act, National Emission Standards for Hazardous Air Pollutants (NESHAP) are standards for hazardous air pollutants at regulated facilities, like polishing and plating operations. 

NESHAP requires that regulated facilities use proper management practices and equipment standards to control hazardous air pollutants. Hazardous air pollutants are those pollutants that are known or suspected to cause cancer or other serious health effects, such as reproductive effects, birth defects, or adverse environmental effects.