A Consent Judgment (CJ) was entered by the Eastern District of New York, to resolve past violations of the Clean Air Act (CAA) by the Defendant. Specifically, the Defendant violated applicable chromium emission regulations promulgated under the CAA, known as the National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, 40 C.F.R. Part 63, Subpart N (Chromium Regulations). The violations occurred at DefendantÂs chromium electroplating facility and include: (1) failing to properly monitor chromium electroplating tanks to ensure they are in compliance with emissions limits; (2) failing to operate and maintain the tanks, including air pollution control equipment and monitoring equipment, in a manner consistent with good air pollution control practices and with a maintenance plan to minimize emissions of hexavalent chromium; and (3) failing to maintain required records, including records of maintenance, malfunctions, and ongoing compliance.
Prior to signing the CJ, Defendant came into compliance with the Chromium Regulations by ensuring that all tanks are properly monitored, by submitting an operation and maintenance plan for the tanks, which EPA approved in September 2009, and by ensuring that all required records are maintained. Because Defendant is now in compliance with the Chromium Regulations, the CJ does not require further injunctive relief. The CJ requires Defendant to maintain compliance wi