EPA v. RJ TORCHING

Case summary

U.S. Environmental Protection Agency (EPA) and U.S. Department of Justice have reached a settlement between the United States and the State of Michigan and R.J. Torching, Inc. (RJ) to resolve Clean Air Act (CAA) violations at the company?s facilities in Flint and Battle Creek, Michigan. The parties have agreed to a Consent Decree requiring that RJ complete construction of a new air pollution capture and control system, which is expected to significantly reduce particulate matter emissions from the facility. The company has also agreed to pay a $150,000 civil penalty to resolve its alleged violations of the Clean Air Act. In 2015, EPA issued an Administrative Consent Order (ACO) to RJ Torching to address excess emissions from torch-cutting at the Flint Facility and a second facility located in Battle Creek, Michigan. Torch-cutting is the use of torches supplied with fuel gas and oxygen to cut large pieces of scrap metal. This process can generate significant amounts of pollution in the form of inhalable particulate matter that can lead to a variety of health problems. Since the agreement, EPA and the Michigan Department of Environment, Great Lakes, and Energy have continued to issue numerous violation notices related to excess emissions from torch-cutting at both the Flint and Battle Creek facilities. This case was referred to the Department of Justice in 2018 to resolve the violations through a Consent Decree. In 2019, the company shut down the Battle Creek facility, and in March 2020, it installed a movable enclosure to better contain torch-cutting emissions at the Flint facility. The Flint facility is located in an area with environmental justice concerns, according to data from EPA?s EJSCREEN tool. The proposed Consent Decree addresses violations of the Michigan State Implementation Plan (Michigan SIP) and the 2015 ACO at the Flint and Battle Creek facilities. Specifically, the injunctive relief in this Consent Decree will significantly reduce inhalable particulate matter generated by torch-cutting operations at the Flint facility through the installation of a commercial fabric filter that will replace the existing pollution control system and be integrated with the existing movable enclosure. Prior to the installation of the new equipment, RJ must follow various interim control measures. In addition, for mitigation purposes, the company has agreed to comply with a 10 percent opacity limit, instead of the 20 percent limit in the Michigan SIP. Further, the Consent Decree puts in place rigorous monitoring and reporting requirements. RJ estimates that it will spend at least $518,000 to complete injunctive relief required by the Consent Decree. In addition to the injunctive relief, RJ is resolving its civil penalty liability through payment of a penalty of $150,000, to be split evenly between the United States and the State of Michigan. This amount is based on financial information supplied by the company that supports a limited ability pay.

Defendants (1)

• RJ TORCHINGNamed in complaintNamed in settlement

Facilities (2)

• R. J. INDUSTRIAL/ R. J. TORCHING

  989 N RAYMOND AVE, BATTLE CREEK, MI, 49014

  Registry ID: 110070144308

• 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)

• RJ TORCHINGentered 2024-11-12

  Primary law: CAA

  Federal penalty: $75,000 · State/local: $75,000

Timeline (5 milestones)

• 2018-12-21Referred To Dept Of Justice
• 2018-12-26Enforcement Action Data Entered
• 2023-12-04Final Order Lodged
• 2023-12-04Complaint Filed With Court
• 2024-11-12Final Order Entered