EPA v. SMM NEW ENGLAND CORP

Case summary

Region 1 has resolved administrative penalty claims under Section 113(d) of the Clean Air Act against SMM New England Corporation (SMM), doing business as Sims Metal Management. The action addresses violations of the Rhode Island state implementation plan's permit requirements and of Title V operating permit requirements at SMM's Johnston, Rhode Island scrap metal processing facility. SMM will pay a federal penalty of $250,000. The Consent Agreement and Final Order alleges that SMM constructed a new major source of VOC emissions without first seeking a permit under Regulation 9 of the Rhode Island state implementation plan. Under a Rhode Island Superior Court consent judgment finalized in September 2020, SMM will pay a separate penalty to the State and take all steps necessary to come into compliance with Rhode Island's permit and emission control requirements.

Defendants (1)

• SMM NEW ENGLAND CORPNamed in complaintNamed in settlement

Facilities (1)

• SIMS METAL MANAGEMENT

  15-17 GREEN EARTH AVENUE, JOHNSTON, TOWN OF, RI, 02919

  Registry ID: 110058900738

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA PARTD — New Source Review Permit Requirements
• CAA 173 — New Source Review Permit Requirements

Enforcement conclusions (1)

• SMM NEW ENGLAND CORPentered 2020-09-25

  Primary law: CAA

  Federal penalty: $250,000

Timeline (5 milestones)

• 2020-09-25Complaint Filed/Proposed Order
• 2020-09-25Final Order Issued
• 2020-10-05Enforcement Action Data Entered
• 2020-10-20Air Resolved
• 2020-10-20Enforcement Action Closed