United States Announces Settlement Resolving Clean Air Act Violations at Medford, Long Island Metal Shredding Facility

Breon Peace, United States Attorney for the Eastern District of New York, and Lisa F. Garcia, Regional Administrator, Environmental Protection Agency (EPA), today announced a settlement with Gershow Recycling Corporation (Gershow) for its alleged violation of the Clean Air Act (CAA) at the company’s metal shredding facility in Medford, New York. Under the Consent Judgment, Gershow will install and operate technology to reduce the facility’s emission of volatile organic compounds (VOCs). The settlement also requires Gershow to pay a civil penalty of $555,000.

“This Office will vigorously enforce the Clean Air Act to protect local communities from harmful air pollution,” stated United States Attorney Breon Peace. “This settlement requires Gershow to implement critical emission control technology that will help improve air quality for local communities, including those with the most vulnerable residents.”

“Thanks to EPA’s action, people in and around Medford will breathe cleaner air and avoid harmful pollution,” said Regional Administrator Lisa F. Garcia. “Breathing air with higher levels of VOCs can cause breathing problems and make people more susceptible to respiratory infection, especially for people who suffer from asthma. This proposed settlement ensures that the company installs proper pollution controls at the facility and meets environmental requirements.”

Background

The CAA was enacted by Congress to promote the public health and welfare through prevention and regulation of air pollution from mobile and stationary sources. The CAA requires states to adopt federally enforceable plans to ensure the implementation and enforcement of National Ambient Air Quality Standards (NAAQS) at the local level. VOC emissions contribute to the formation of ground level ozone and to violations of the NAAQS for ozone. Exposure to VOCs may cause cancer, eye irritation, respiratory problems, and damage to the nervous system.  Ground-level ozone, which is a constituent of smog, can also cause determinantal health effects.  Under the NAAQS, EPA has designated the New York Metropolitan Area, including Long Island, as a non-attainment area for ozone. This designates the area as having poor ground level ozone.    

Consent Judgment

In November 2021, EPA issued Gershow a Notice of Violation citing it for violating the CAA. The notice, and the Complaint filed today with the Consent Judgment, allege that Gershow failed to install pollution controls at its metal shredder, causing illicit emissions of VOCs. Further, Gershow failed to obtain a CAA air permit for the facility’s VOC emissions and failed to properly report the facility’s air emissions.

Gershow’s facility operates metal shredding equipment, which is used to process scrap automobiles and other scrap material. The shredding process generates enough heat to vaporize the plastics, paints, and oils in certain scrap materials, resulting in the emission of VOCs and other air pollutants. Without an emission control system, pollutants disperse into the air and impact the surrounding communities. 

Under the Consent Judgment, Gershow is required to bring its facility into compliance with the CAA. Gershow must obtain the required operating permit, and then install and operate emission control equipment to reduce VOCs emitted by the shredder. EPA estimates that the new equipment that Gershow will install will prevent over 49 tons per year of VOC air emissions.  The required pollution control equipment will also reduce the formation of harmful ground-level ozone.

The Complaint and Consent Judgment were filed in the United States District Court for the Eastern District of New York. Following a 30-day public comment period, the United States will review any comments and, if appropriate, ask the Court to enter the Consent Judgment.

The United States Attorney’s Office for the Eastern District of New York vigorously enforces the nation’s environmental laws to address environmental, health, and climate impacts on individuals and communities within the district.  Any member of the public who wishes to notify the United States of environmental justice concerns may contact the Office’s Environmental Justice Team here.

The negotiations and settlement were handled by Assistant U.S. Attorneys Thomas R. Price and Matthew Silverman of the U.S. Attorney’s Office for the Eastern District of New York’s Civil Division, working with Robert DeLay, Assistant Regional Counsel, U.S. EPA Region 2, with assistance from Shaun Burke, Senior Environmental Engineer, U.S. EPA Air Enforcement Division, Office of Civil Enforcement.

E.D.N.Y. Docket No. 24-CV-5794