EPA v. TMS INTERNATIONAL, LLC

Case summary

On July 11, 2023, EPA, Region 3 entered into an Administrative Compliance Order on Consent ( ACOC ) with TMS International LLC ( TMS ) alleging violations of the Clean Air Act ( CAA ) and the Pennsylvania State Implementation Program ( PA SIP ) at its metal scrap shredder facility ( Facility ) located in West Mifflin, Allegheny County, PA. This enforcement action furthers the CAA's goal of protecting and enhancing air quality and supports the National Compliance Initiative for Creating Cleaner Air Communities. The Facility began operating in 1974 and is currently operating under a Minor Source Permit, issued by the Allegheny County Health Department ( ACHD ) permitting authority. On August 8, 2018, Region 3 conducted a CAA Inspection of TMS and found that the Facility was operating without a Title V permit in violation of the CAA and the PA SIP. On October 31, 2021, Region 3 sent TMS a Notice of Noncompliance/Opportunity to Show Cause ( NON ) describing the alleged violations found during the inspection. Region 3 determined that the Facility has the potential to emit ( PTE ) over 50 ton/year of volatile organic compounds ( VOC ) and is, therefore, a major stationary source under the CAA. The ACOC requires TMS to, among other things, submit a complete Synthetic Minor Operating Permit to the ACHD, including operational controls and use of an appropriate VOCs emission factor of 0.50 lbs VOCs per/ton to calculate its PTE and ensure that the Facility remains under the major source threshold for VOCs. An EJ Screen of the Facility's location found that no additional review was warranted for potential environmental justice concerns there. EPA has notified ACHD of this action.

Defendants (1)

• TMS INTERNATIONAL, LLCNamed in settlement

Facilities (4)

• TMS INTERNATIONAL, LLC

  516 DELWAR RD, WEST MIFFLIN, PA, 152361352

  Registry ID: 110001205794

• TMS INTERNATIONAL, INC./WEST MIFFLIN

  516 DELWAR RD, WEST MIFFLIN, PA, 152361352

  Registry ID: 110001205794

• TMS INTERNATIONAL, INC./WEST MIFFLIN

  516 DELWAR RD, WEST MIFFLIN, PA, 152361352

  Registry ID: 110001205794

• TMS INTERNATIONAL, LLC

  516 DELWAR RD, WEST MIFFLIN, PA, 152361352

  Registry ID: 110001205794

Statutes cited

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

Enforcement conclusions (1)

• TMS INTERNATIONAL, LLCentered 2023-07-11

  Primary law: CAA

Timeline (4 milestones)

• 2023-07-11Final Order Issued
• 2023-08-03Enforcement Action Data Entered
• 2024-07-12Enforcement Action Closed
• 2024-07-12Air Resolved