EPA v. TWIN COUNTY RECYCLING CORPORATION

Case summary

SECTION 114 OF THE ACT WAS VIOLATED BY TWIN COUNTY BECAUSE THE ASPHALT PRODUCTION FACILITY FAILED TO CONDUCT A SERIES OF STACK EMISSIONS TESTS FOR PARTICULATE AND VOLATILE ORGAN- IC COMPOUNDS ( VOC ) AS REQUIRED BY EPA'S FEBRUARY 18, 1988 SECTION 114 REQUEST (EPA REFERENCE NO. 114 P-88-26). EPA ISSUED A COMPLIANCE ORDER ON AUGUST 22, 1988 (INDEX NUMBER 80244) TO TWIN COUNTY, CITING ITS FAILURE TO CONDUCT THE STACK TESTS AND ORDERED IT TO SUBMIT THE TESTING PROTOCOL, CONDUCT THE TESTS AND SUBMIT THE RESULTS TO EPA AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ACCORD- ING TO THE TIMEFRAME SET OUT IN THE ORDER. TWIN COUNTY FAILED TO COMPLY WITH THE ORDER AND TO DATE HAS NOT CONDUCT- ED THE STACK TESTING. INJUNCTIVE RELIEF IS SOUGHT TO REQUIRE TWIN COUNTY TO COM- PLY WITH THE FEBRUARY 18, 1988 SECT 114 REQUEST, THE AUGUST 22, 1988 ORDER AND ALL FUTURE INFORMATION REQUESTS ISSUED PURSUANT TO SECT 114 OF THE ACT. IN ADDITION, EPA WILL SEEK CIVIL PENALTIES IN THE AMOUNT OF $39,000 BASED UPON EPA'S CLEAN AIR ACT CIVIL PENALTY POLICY (MARCH 1987). AS DISCUSSED IN THE REFERRAL, TWIN COUNTY IS A HOT MIX ASPHALT PLANT WHICH EPA HAS REQUIRED TO TEST FOR PARTICULATE AND VOC EMISSIONS. REGION II HAS NOT PREVIOUSLY TESTED ASPHALT PLANTS FOR VOC; HOWEVER, GIVEN THE EMISSIONS OFFSET REQUIREMENTS OF PART 231 OF THE NEW YORK SIP, AND THE IN- TRANSIGNET OZONE NONATTAINMENT IN THE NEW YORK CITY METRO- POLITAN AREA, IT IS LIKELY THAT ASPHALT PLANTS MAY BE VIEWED AS REGULATORY TARGETS IN THE FUTURE IF TEST DATA INDICATES THEM TO BE MAJOR SOURCES OF VOC EMISSIONS. WHILE A TEST METHOD FOR PARTICULATE DOES EXIST FOR THIS TYPE OF SOURCE (REFERENCE METHOD 5E), THERE IS NO SPECIFIED EPA TEST METHOD FOR TESTING VOC AT THIS TYPE OF SOURCE. REGION II AIR COM- PLIANCE STAFF, WORKING WITH EMISSIONS TESTING STAFF AT EPA'S EDISON, NJ FACILITY AND TEST METHOD EXPERTS AT EPA'S OFFICE OF AIR QUALITY PLANNING AND STANDARDS AT RESEARCH TRIANGLE PARK, NC, DEVELOPED MODIFICATIONS TO EXISTING METHODS TO AD- DRESS THE REALITIES OF TWIN COUNTY'S OPERATION AND EPA'S INTEREST IN DETERMINING TWIN COUNTY'S COMPLIANCE STATUS RE- GARDING THE TWO CRITERIA POLLUTANTS.

Defendants (1)

• TWIN COUNTY RECYCLING CORPORATIONNamed in complaintNamed in settlement

Facilities (2)

• TWIN COUNTY RECYCLING CORPORATION

  449 W JOHN ST, HICKSVILLE, NY, 11801

  Registry ID: 110001576410

• TWIN COUNTY RECYCLING CORPORATION

  449 W JOHN ST, HICKSVILLE, NY, 11801

  Registry ID: 110001576410

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• TWIN COUNTY RECYCLING CORP.entered 1993-03-26

  Primary law: CAA

  Federal penalty: $6,500

Timeline (8 milestones)

• 1988-12-30Enforcement Action Data Entered
• 1989-01-13Referred To Dept Of Justice
• 1989-01-13Referred TO U.S. Attorney
• 1989-03-23Complaint Filed With Court
• 1993-03-26Concluded
• 1993-03-26Final Order Entered
• 1993-03-26Final Order Lodged
• 1993-04-16Enforcement Action Closed