EPA v. COPPERSTATE METALS, INC., EMCO RECYCLING

Case summary

ON MARCH 31, 1994, EPA REGION IX FORWARDED A LITIGATION REPORT CONCERNING VIOLATIONS OF THE CLEAN AIR ACT ( CAA ) TO THE OFFICE OF ENFORCEMENT AND TO THE DEPARTMENT OF JUSTICE. THE ENFORCEMENT ACTION INVOLVES VIOLATIONS OF THE ARIZONA STATE IMPLEMENTATION PLAN ( SIP ) UNDER SECTION 110 OF THE CAA AT EMCO RECYCLING, A METAL RECYCLING FACILITY IN PHOENIX. THE FACILITY WAS FORMERLY OPERATED BY COPPERSTATE METALS, INC. ( CMI ), WHICH IS ALSO A TARGET OF THE ENFORCEMENT ACTION. THE FACILITY IS A MAJOR SOURCE OF PARTICULATE MATTER SMALLER THAN 10 MICRONS IN DIAMETER ( PM-10 ) AND IS LOCATED IN A PM-10 NON-ATTAINMENT AREA. EPA INTENDS TO RECOVER PENALTIES FOR THE ILLEGAL OPERATION BY EMCO AND CMI OF A METAL SHREDDER AND INCINERATOR. FOR PERIODS OF EIGHTEEN AND SIXTEEN MONTHS, RESPECTIVELY, EMCO AND CMI OPERATED THESE UNITS WITHOUT OPERATING PERMITS, WHICH ARE REQUIRED BY THE ARIZONA SIP, DESPITE REPEATED CITATIONS BY THE MARICOPA AIR POLLUTION CONTROL DISTRICT. EMCO AND CMI ALSO FAILED TO COMPLY WITH SEVERAL SIP RULES CONCERNING PERFORMANCE TESTING AND OPACITY. IN ADDITION TO PENALTIES, EPA INTENDS TO SEEK INJUNCTIVE RELIEF AIMED AT REDUCING UNCONTROLLED EMISSIONS FROM THE SHREDDER.

Defendants (2)

• COPPERSTATE METALS, INC.Named in complaintNamed in settlement
• EMCO, L.L.C.Named in complaintNamed in settlement

Facilities (1)

• COPPERSTATE METALS INC

  3720 W LOWER BUCKEYE RD, PHOENIX, AZ, 85009

  Registry ID: 110009524425

Statutes cited

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

Enforcement conclusions (1)

• COPPERSTATE METALS, INC.entered 1996-04-09

  Primary law: CAA

  Federal penalty: $69,000

Timeline (7 milestones)

• 1993-03-15Enforcement Action Data Entered
• 1994-03-31PRN Sent
• 1994-09-30Referred To Dept Of Justice
• 1996-03-27Complaint Filed With Court
• 1996-04-09Concluded
• 1996-04-09Final Order Lodged
• 1996-04-09Final Order Entered