EPA v. R J INDUSTRIAL - ACO

Case summary

RJ INDUSTRIAL (RJ) conducts torch cutting of metal scrap at its scrap collection and processing facilities at 989 North Raymond Avenue, Battle Creek, Michigan (the Battle Creek facility) and G-5167 North Dort Highway, Flint, Michigan (the Flint facility). On March 25, 2011, and December 20, 2013, the U.S. Environmental Protection Agency issued to RJ Notices of Violation (NOVs) for alleged exceedances of the visible emission (VE) opacity limit of R336.1301(1)(a) of the Michigan State Implementation Plan (SIP) from the torch-cutting operations at its Flint and Battle Creek facilities, respectively. EPA discovered these violations through VE readings conducted in accordance with EPA Method 9 by the Michigan Department of Environmental Quality on August 12 and November 19, 2010, and by EPA on June 4 and 5, 2013. On April 25, 2011, representatives of RJ and EPA discussed the March 25, 2011, NOV and on January 9 and March 19, 2014, discussed the December 20, 2013, NOV. The parties have also had numerous conversations on various other dates with regard to operations at the facilities. Under this Administrative Consent Order, RJ will be required to maintain compliance with the Michigan SIP at both of its facilities by adhering to exhaustive best management practices for its torch-cutting operations, which include conducting torch cutting in a Smoke Particulate Air Reduction Cyclone System unit to reduce VEs at any time when, due to the scrap?s metallurgical properties and size, emissions are expected to exceed the VE limit in the Michigan SIP. RJ will also be required to process scrap without torch cutting whenever possible, such as by shearing. EPA estimates that implementation of these best management practices by RJ will result in a potential reduction of particulate matter emissions of 3,682 pounds/year, based on historical productivity of the facilities.

Defendants (1)

• R J INDUSTRIALNamed in complaintNamed in settlement

Facilities (2)

• HEAVY METAL SCRAP/ RJ INDUSTRIAL

  989 NORTH RAYMOND AVENUE, BATTLE CREEK, MI, 49014

  Registry ID: 110063888084

• R. J. INDUSTRIAL/ R. J. TORCHING

  G-5167 NORTH DORT HIGHWAY, FLINT, MI, 48505

  Registry ID: 110063897635

Statutes cited

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

Enforcement conclusions (1)

• R J INDUSTRIAL - ACOentered 2015-03-31

  Primary law: CAA

Timeline (3 milestones)

• 2015-03-31Final Order Issued
• 2015-04-08Enforcement Action Data Entered
• 2016-05-03Air Resolved