EPA v. Gershow Recycling Corporation

Case summary

Defendant operates a metal shredder, constructed in 1980 and manufactured by Sun Belt Technologies, to process scrap automobiles and other scrap metal materials at its facility in Medford, New York (the Facility). At the Facility, Defendant operates its shredder at up to 160 gross tons per hour, with approximately 40 percent of the shredder feedstock material, by weight, being end-of-life vehicles. The shredding process generates enough heat to melt or burn the plastics, paints, and oils in the scrap material, resulting in emissions of volatile organic compounds (VOCs) and other air pollutants. The shredder has no add-on controls for VOCs, and EPA alleges that the shredder is emitting VOCs at levels that require emission controls. Defendant constructed the Facility in 1980. Before commencing construction and operation, Defendant did not apply for an air permit, or install emission controls, for VOCs. The Facility's ongoing failure to apply for and obtain the required permit and to control its VOC emissions is a violation of the CAA and the federally enforceable New York State Implementation Plan (NYSIP), which requires compliance with Reasonably Available Control Technology (RACT) regulations found at Title 6 of the New York Codes, Rules, and Regulations (N.Y.C.R.R.) 212-3 (NY RACT Regulation) and incorporated into the NYSIP. The Region seeks injunctive relief and civil penalties pursuant to CAA Section 113. The Region wants Defendant to implement RACT and apply to the New York State Department of Environmental Conservation (NYSDEC) for a federally enforceable preconstruction permit and a federally enforceable non-Title V permit to cap VOC emissions at levels that are below the major source threshold for Title V permitting. These permits would incorporate the injunctive relief provisions, including the applicable RACT requirements. EPA also seeks civil penalties to redress the harm to human health and the environment caused by the Facility's excess emissions during the period of non-compliance.

Defendants (1)

• Gershow Recycling CorporationNamed in complaintNamed in settlement

Facilities (1)

• GERSHOW RECYCLING CORP

  71 PECONIC AVE, MEDFORD, NY, 11763

  Registry ID: 110001585918

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• Gershow Recycling Corporationentered 2024-10-08

  Primary law: CAA

  Federal penalty: $555,000

Timeline (5 milestones)

• 2022-06-13Referred To Dept Of Justice
• 2022-06-16Enforcement Action Data Entered
• 2024-08-20Final Order Lodged
• 2024-08-20Complaint Filed With Court
• 2024-10-08Final Order Entered