RJ INDUSTRIAL (RJ) conducts torch cutting of metal scrap at its scrap collection and processing facilities at 989 North Raymond Avenue, Battle Creek, Michigan (the Battle Creek facility) and G-5167 North Dort Highway, Flint, Michigan (the Flint facility). On March 25, 2011, and December 20, 2013, the U.S. Environmental Protection Agency issued to RJ Notices of Violation (NOVs) for alleged exceedances of the visible emission (VE) opacity limit of R336.1301(1)(a) of the Michigan State Implementation Plan (SIP) from the torch-cutting operations at its Flint and Battle Creek facilities, respectively. EPA discovered these violations through VE readings conducted in accordance with EPA Method 9 by the Michigan Department of Environmental Quality on August 12 and November 19, 2010, and by EPA on June 4 and 5, 2013. On April 25, 2011, representatives of RJ and EPA discussed the March 25, 2011, NOV and on January 9 and March 19, 2014, discussed the December 20, 2013, NOV. The parties have also had numerous conversations on various other dates with regard to operations at the facilities.
Under this Administrative Consent Order, RJ will be required to maintain compliance with the Michigan SIP at both of its facilities by adhering to exhaustive best management practices for its torch-cutting operations, which include conducting torch cutting in a Smoke Particulate Air Reduction Cyclone System unit to reduce VEs at any time when, due to the scrap?s metallurgical properties and size