EPA v. Town of Brookhaven et al.

Case summary

On December 29, 2020, the U.S. District Court for the Eastern District of New York approved the consent judgment between EPA and the Defendant, resolving Clean Air Act claims concerning the Brookhaven Landfill. The consent judgment resolves EPA?s allegations that: (1) the Town violated EPA?s ?Landfill NSPS? and ?Landfill MACT? regulations by failing to: (i) re-monitor methane leaks after repair; (ii) conduct required performance testing using required methods; (iii) monitor temperature, oxygen levels, and gauge pressure at certain wells; (iv) maintain required records; (v) install a gas flow monitoring device and monitor it; (vi) operate the gas collection and control system (GCCS) during the Landfill's expansion; (vii) submit annual reports to EPA; and (viii) operate interior wellheads in the GCCS; and (2) the Town violated its CAA Title V permit by failing to submit accurate annual compliance certifications as specified in the permit and failing to operate and maintain certain emission control equipment. Under the consent judgment, the Town will pay a civil penalty of $249,166 and is required to maintain and operate the Landfill and all associated air pollution control equipment in accordance with applicable CAA requirements, including continuing to operate and expand a GCCS for the entire Landfill, continuously operating a treatment system to remove hydrogen sulfide (H2S) gas, installing and operating a continuous H2S process/fuel gas monitoring system, completing the installation of a new flare to combust landfill gas and conducting performance tests to assure that the flare is effective, and other measures. Finally, the Town will spend at least $305,000 on a Supplemental Environmental Project consisting of the installation of a solar energy conversion system on the Town?s planned mechanics garage repair shop.

Defendants (2)

• Town of BrookhavenNamed in complaintNamed in settlement
• Wehran Energy Corp.

Facilities (4)

• BROOKHAVEN LANDFILL GAS RECOVERY FACILITY

  350 HORSEBLOCK RD, YAPHANK, NY, 11980

  Registry ID: 110019538231

• BROOKHAVEN LANDFILL GAS RECOVERY FACILITY

  350 HORSEBLOCK RD, YAPHANK, NY, 11980

  Registry ID: 110019538231

• BROOKHAVEN LANDFILL GAS RECOVERY FACILITY

  350 HORSEBLOCK RD, YAPHANK, NY, 11980

  Registry ID: 110019538231

• BROOKHAVEN LANDFILL GAS RECOVERY FACILITY

  350 HORSEBLOCK RD, YAPHANK, NY, 11980

  Registry ID: 110019538231

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 112D — MACT Standards
• CAA 502 — Operating Permits (Title V)
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• Town of Brookhavenentered 2020-12-29

  Primary law: CAA

  Federal penalty: $249,166 · SEP: $305,000

Timeline (5 milestones)

• 2015-06-26Referred To Dept Of Justice
• 2015-07-02Enforcement Action Data Entered
• 2020-09-24Complaint Filed With Court
• 2020-09-24Final Order Lodged
• 2020-12-29Final Order Entered