EPA v. JHNY, INC. ET AL

Case summary

FAILURE TO MONITOR, REPORT AND RECORD AS REQUIRED BY 40 CFR SECTION 144. RELEASE OF VISIBLE EMISSIONS. ON NOVEMBER 17, 2004, ADMINISTRATIVE LAW JUDGE WILLIAM B. MORAN, ISSUED AN ORDER DENYING JHNY, INC., A/K/A QUIN-T TECHNICAL PAPERS AND BOARDS' ( RESPONDENT ) MOTION FOR RECONSIDERATION AND TO REOPEN THE HEARING. THE RESPONDENT FAILED TO COMPLY WITH SECTIONS 112 AND 114 OF THE CAA, AND THE REGULATIONS PROMULGATING THE NATIONAL EMISSION STANDARD FOR ASBESTOS ( THE ASBESTOS NESHAP ). ON JULY 12, 2004, JUDGE MORAN GRANTED EPA'S MOTION AND ISSUED A DEFAULT ORDER AND INITIAL DECISION AGAINST RESPONDENT. THE BASIS WAS RESPONDENT'S FAILURE TO FULLY COMPLY WITH THE PRESIDING OFFICER'S FEBRUARY 23, 2004 PREHEARING ORDER. RESPONDENT FILED A MOTION SEEKING TO HAVE THE DEFAULT ORDER RECONSIDERED AND THE HEARING REOPENED. JUDGE MORAN FOUND THAT RESPONDENT'S REQUEST THAT THE HEARING BE REOPENED PURSUANT TO 40 C.F.R. SECTION 22.28 [WAS] IMPROPER SINCE NO EVIDENTIARY HEARING WAS HELD IN [THE] MATTER . AS A RESULT, JUDGE MORAN TREATED RESPONDENT'S MOTION AS A MOTION TO SET ASIDE THE DEFAULT ORDER UNDER SECTION 22.17(c) . JUDGE MORAN ULTIMATELY FOUND THAT RESPONDENT HAD FAILED TO SHOW GOOD CAUSE WHY THE DEFAULT ORDER SHOULD BE SET ASIDE. THE DEFAULT ORDER IMPOSES THE FULL $51,700 PENALTY. On the EARCNF form, the default Order due date was set for September 30, 2004. Originally, we had to take that date out since the Respondent filed a Motion to Reopen a Hearing, which automatically stays the running of the time periods for an initial decision becoming a final under 22.27(c). See, 22.28(b). However, Judge Moran ruled that Respondent's Motion to Reopen the Hearing was improper, and therefore, the stay did not apply. Therefore, the original due date applies

Defendants (2)

• JHNY, IncNamed in complaintNamed in settlement
• QUIN-T-TECHNICAL PAPERS & BOARDSNamed in complaintNamed in settlement

Facilities (1)

• QUIN-T TECHNICAL & BOARDS

  140 E 16TH ST & FRENCH, ERIE, PA, 16512

  Registry ID: 110007790195

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• JHNY, INC. ET ALentered 2005-09-30

  Primary law: CAA

  Federal penalty: $51,700

Timeline (3 milestones)

• 2003-07-21Enforcement Action Data Entered
• 2003-08-15Complaint Filed/Proposed Order
• 2005-09-30Final Order Issued