EPA v. COOLEY INC

Case summary

Cooley conducted performance tests on a add-on control device (a thermal oxidizer) on November 7 and 20, 2006. Based on the test results and additional investigation regarding its thermal oxidizer, Cooley determined that the oxidizer could not be repaired or modified in a manner that would allow Coater #5 to achieve the required emissions standard under 40 CFR Part 63, Subpart OOOO (Fabric Coating NESHAP) without installing a new oxidizer. Cooley was required to meet the emission standard for the Fabric Coating NESHAP by May 29, 2006. Cooley notified EPA in January 2007 of Coater #5's inability to comply with the Fabric Coating NESHAP. Cooley also discussed its plans to order, construct and install a new regenerative thermal oxidizer (RTO) at its facility as soon as possible. In February 2007, EPA issued an administrative order to Cooley that set forth a schedule for the construction, installation and tesing of the new RTO. Cooley completed the construction, installation and testing of the new RTO by the end of August 2007.

Defendants (1)

• COOLEY INC (SB)Named in complaint

Facilities (1)

• COOLEY, INC.

  50 ESTEN AVE., PAWTUCKET, RI, 02860

  Registry ID: 110000312251

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 502 — Operating Permits (Title V)
• CAA 112D — MACT Standards

Enforcement conclusions (1)

• COOLEY INCentered 2007-09-27

  Primary law: CAA

  Federal penalty: $40,620

Timeline (3 milestones)

• 2007-02-24Enforcement Action Data Entered
• 2007-09-27Final Order Issued
• 2007-09-27Complaint Filed/Proposed Order