The U.S. Environmental Protection Agency ("EPA") issued a Notice of Violation and Grant of Opportunity ("NOV") to Metalico Pittsburgh, Inc. ("MPI") on October 4, accusing it of violating the Clean Air Act and certain regulations Prescribes the Pennsylvania Implementation Plan ("SIP"). See U.S. Environmental Protection Agency file number CAA-003-22-0001.
NOV describes MPI as the owner or operator of a metal scrap shredding facility ("facility") in Pittsburgh, Pennsylvania.
The facility is said to have started operations in November 2004. In addition, it is said to have obtained a small source operating permit (“license”) issued by the Allegheny County Health Bureau in 2007.
The EPA reportedly conducted a Clean Air Act inspection of the facility on August 8, 2018.
It is said that MPI has provided MPI with the emission value used by the agency to assess the compliance of the facility on November 21, 2019. In addition, the company was provided with performance test data used to assess whether the facility complies with the applicable Clean Air Act requirements.
Allegedly, EPA has collected data from performance test reports of similar metal crushing facilities located across the United States. The raw materials and feed rates of these facilities are comparable to MPI facilities.
NOV points out that the EPA uses data from such performance test reports to formulate MPI's PTE VOC for use in metal shredders in its facilities. It also stipulates:
Using the emission data in these performance test reports, as well as the maximum throughput and maximum operating time of the facility shredder, the EPA has calculated that Metalico's PTE VOC is at least 50 TPY.
The EPA and the company reportedly met via conference call. During the meeting, MPI introduced to MPI its analysis of the emission values and performance test data provided by the EPA.
NOV contains the following investigation results for suspected violations:
NOV provides an opportunity for MPI to inform the agency of any further information about the alleged violation that it should consider.
A copy of NOV can be downloaded here.
Disclaimer: Due to the general nature of this update, the information provided here may not be applicable in all situations, and action should not be taken without specific legal advice based on specific circumstances.
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