EPA v. Nassau Chromium Plating, Co., Inc.

Case summary

A Consent Judgment (CJ) was entered by the Eastern District of New York, to resolve past violations of the Clean Air Act (CAA) by the Defendant. Specifically, the Defendant violated applicable chromium emission regulations promulgated under the CAA, known as the National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, 40 C.F.R. Part 63, Subpart N (Chromium Regulations). The violations occurred at Defendant’s chromium electroplating facility and include: (1) failing to properly monitor chromium electroplating tanks to ensure they are in compliance with emissions limits; (2) failing to operate and maintain the tanks, including air pollution control equipment and monitoring equipment, in a manner consistent with good air pollution control practices and with a maintenance plan to minimize emissions of hexavalent chromium; and (3) failing to maintain required records, including records of maintenance, malfunctions, and ongoing compliance. Prior to signing the CJ, Defendant came into compliance with the Chromium Regulations by ensuring that all tanks are properly monitored, by submitting an operation and maintenance plan for the tanks, which EPA approved in September 2009, and by ensuring that all required records are maintained. Because Defendant is now in compliance with the Chromium Regulations, the CJ does not require further injunctive relief. The CJ requires Defendant to maintain compliance with all applicable requirements of the Chromium Regulations, and provides for stipulated penalties for violations of these requirements while the CJ is in effect. The CJ also requires Defendant to pay a civil penalty to resolve the past violations.

Defendants (1)

• Nassau Chromium Plating Co., Inc.Named in complaintNamed in settlement

Facilities (1)

• NASSAU CHROMIUM PLATING CO

  112 2ND ST, MINEOLA, NY, 11501

  Registry ID: 110004337762

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• Nassau Chromium Plating, Co., Inc.entered 2010-09-10

  Primary law: CAA

  Federal penalty: $4,000

Timeline (8 milestones)

• 2003-09-26Referred To Dept Of Justice
• 2003-09-26Referred TO U.S. Attorney
• 2003-10-03Enforcement Action Data Entered
• 2009-06-24Complaint Filed With Court
• 2010-07-28Final Order Lodged
• 2010-09-10Concluded
• 2010-09-10Final Order Entered
• 2013-12-04Enforcement Action Closed