EPA v. WTE RECYCLING INC

Case summary

7/17/19 Consent Decree entered. 1/29/19 Region 1 and DOJ lodged in federal district court a proposed Consent Decree involving wTe Recycling, Inc. If approved by the Court after public notice and comment, the Decree will resolve claims for penalties and injunctive relief for alleged CAA violations under the Massachusetts SIP, federal RICE NESHAP standards for hazardous pollutants, and Title V. The violations involve wTe's industrial shredding facility in Greenfield, MA, emissions of volatile organic compounds (VOCs), and the operation of two large engines to power the shredder. Decree will require payment of a $277,000 penalty, purchase of 81 tons of emission reduction credits, and elimination of pre-burn municipal ferrous materials as shredder feedstock, by June 2021. 4/20/17 - This is a civil judicial action for penalties and injunctive relief against a commercial metal shredder and recycler in central Massachusetts. Clean Air Act violations under the Mass. State Implementation Plan (SIP), the National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines (RICE NESHAP), and the Title V operating permit program relate to the emission of volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) from the wTe facility in Greenfield, MA. Many of the violations stem from operational changes made in the early 1990s to accept municipal ferrous and non-ferrous materials as shredder feedstocks which, in turn, substantially increased facility air emissions. RICE NESHAP violations relate to the use of large engines at the facility. Recommended relief involves penalties and injunctive relief such as obtaining air emission control plan approvals from the Massachusetts Dept. of Environmental Protection (MassDEP), seeking a Title V operating permit, and fully complying with emission control and other NESHAP requirements applicable to engines.

Defendants (1)

• WTE Recycling, IncNamed in complaintNamed in settlement

Facilities (1)

• WTE RECYCLING INCORPORATED

  75 SOUTHERN AVENUE, GREENFIELD, MA, 013010000

  Registry ID: 110070120871

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• WTE RECYCLING INCentered 2019-07-17

  Primary law: CAA

  Federal penalty: $277,000

Timeline (7 milestones)

• 2017-04-20Referred To Dept Of Justice
• 2017-05-31Enforcement Action Data Entered
• 2019-01-29Complaint Filed With Court
• 2019-01-29Final Order Lodged
• 2019-07-17Final Order Entered
• 2023-04-03Air Resolved
• 2023-04-03Enforcement Action Closed