RI Reaches Pollution Settlement With Johnston Metal Company

JOHNSTON, RI — A Johnston metal shredding company has agreed to curb emissions and pay an $875,000 fine under the Rhode Island Clean Air Act in a settlement with the RI Attorney's General Office.

The AG's Office said SMM New England Corporation agreed to install equipment to control the release of pollution that the AG's Office said may be linked to cancer and other respiratory illnesses, and pay the largest penalty ever assesses by the state for violations of the RI Clean Air Act.

SMMNEC will pay $550,000 in cash penalties over 18 months, $325,000 to fund projects in Johnston and Providence, $200,000 to fund a project aimed at offsetting air pollution in Johnston and $125,000 to offset pollution in Providence, where SMMNEC owns another facility.

If SMMNEC does not meet the requirements of the consent judgment, it will be assesses an additional $1,125,000 in penalties.

"For too long, SMMNEC has not met its obligation to the people of Rhode Island to protect public health and the environment and keep harmful pollutants out of the air we breathe. SMMNEC's operations in Johnston put Rhode Islanders at risk with uncontrolled emissions of dangerous, airborne substances," said Attorney General Neronha.

"With the filing of a complaint against SMMNEC and the entry of a consent judgment, this will change," Attorney General Neronha added. "Under the terms of the consent judgment, SMMNEC's obligations are clear — it must change the way it does business and comply with the Clean Air Act. It must install state-of-the-art controls and pay meaningful penalties.”

SMMNEC was accused of failing to comply with the RI Clean Air Act by starting construction of the metal shredding operation without applying for a major source air permit, and failing to install pollution control equipment for emissions of harmful pollutants.

The AG's Office said SMMNEC has been operating without the proper permit and emissions controls for seven years.

Further, the state’s complaint alleges that SMMNEC has been operating the shredder without the necessary permit and emission controls since 2013.

"(The RI Department of Environmental Management) is pleased with the settlement reached in this important case, and that our collective efforts with the attorney general and the Environmental Protection Agency will result in the company coming into compliance with Rhode Island's Clean Air Act," said DEM Director Janet Coit. "This negotiated settlement would not have been possible without the company's cooperation and its commitment to take responsibility for its actions. By avoiding costly and protracted litigation, and negotiating an agreement that results in payment of substantial penalties and completion of supplemental environmental projects to improve air quality, we have ensured a good outcome for Rhode Islanders."

The AG's Office said SMMNEC has agreed that upon restarting the shredder, it will immediately implement interim controls to limit further exposure to pollutants in the surrounding area until the new emission control system becomes fully operational.

Under the consent judgment, SMMNEC has agreed to file a complete permit application with RIDEM within 90 days. In addition, the company is required to install particulate matter and VOC emission control technology within specified time frames, or be required to pay suspended penalties.

"The bottom line is, we are not requiring that SMMNEC do anything beyond what they should be doing," said Neronha. "Enforcing compliance with Rhode Island’s environmental laws isn't anti-business. It preserves Rhode Islanders' health, protects the state’s natural beauty — one of our greatest assets — and levels the playing field for those businesses that do make the necessary investments in pollution control technology and follow the rules."