EPA v. FORT MYER CONSTRUCTION CORPORATION (2 FACILITIES)

Case summary

THE CASE IS COMMENCED AND RESOLVED VIA A CONSENT AGREEMENT AND FINAL ORDER ( CAFO ). THE CASE INVOLVES CLEAN AIR ACT ( CAA ) CLAIMS AGAINST FORT MYER CONSTRUCTION CORPORATION ( RESPONDENT ). THE BASIS OF THE CAFO IS RESPONDENT'S FAILURE TO COMPLY WITH PERMITS ISSUED PURSUANT TO THE CAA, AND THE FEDERAL ENFORCEABLE DISTRICT OF COLUMBIA STATE IMPLEMENTATION PLAN AT RESPONDENT'S ASPHALT PLANTS (PLANT #1 & PLANT 2) LOCATED IN WASHINGTON, D.C. ASPHALT PLANT 1 IS LOCATED AT 2001 5TH STREET, N.E. IN WASHINGTON, DC., AND ASPHALT PLANT 2 IS LOCATED AT 1155 W STREET, N.E. IN WASHINGTON, D.C. (COLLECTIVELY, THE FACILITY ). THE SPECIFIC PROVISIONS ALLEGED TO HAVE BEEN VIOLATED INCLUDE FAILURE TO COMPLY WITH THE TITLE V PERMIT'S ANNUAL PARTICULATE MATTER EMISSIONS TESTING REQUIREMENTS AT ASPHALT PLANT 1; FALURE TO COMPLY WITH THE REQUIREMENT OF THE TITLE V PERMIT CONDITION TO OBTAIN A PERMIT TO CONSTRUCT PRIOR TO CONSTRUCTION OF RECYCLE ASPHALT PRODUCT ( RAP ) PROCESSING EQUIPMENT AT ASPHALT PLANT 1; FALURE TO COMPLY WITH THE TITLE V PERMIT'S REQUIREMENT TO KEEP RECORDS OF DAILY MONITORING OF PRESSURE DROPS ACROSS THE BAGHOUSE AT ASPHALT PLANT 1; FAILURE TO COMPLY WITH THE LIMITATION ON THE OPERATION OF ASPHALT PLANT 2 BY OPERATING ASPHALT PLANT 2 WITH MORE THAN THE MAXIMUM ALLOWABLE PERMITTED PERCENTAGE OF RAP AS SET FORTH IN THE D.C. ISSUED PLANT 2 OPERATING PERMIT; FAILURE TO COMPLY WITH THE REQUIREMENT OF THE D.C. ISSUED PLANT 2 OPERATING PERMIT TO RECORD WEEKLY VISIBLE EMISSIONS OBSERVATIONS AT ASPHALT PLANT 2; FAILURE TO COMPLY WITH THE REQUIREMENT OF THE D.C. ISSUED PLANT 2 VISIBLE EMISSIONS VIOLATIONS OR DOCUMENT RESUMPTION OF COMPLIANCE; AND FAILURE TO CONDUCT ANNUAL VISIBLE EMISSIONS TESTING OF THE ASPHALT PLANT 2 BAGHOUSE STACK WHILE FIRING #2 FUEL OIL AS REQUIREMENT BY THE D.C. ISSUED PLANT 2 OPERATING PERMIT. THE CIVIL PENALTY ASSESSED IN THE CAFO IS THIRTY THOUSAND DOLLARS ($30,000) .

Defendants (1)

• FORT MYER CONSTRUCTION CORPORATIONNamed in complaintNamed in settlement

Facilities (5)

• FORT MYER CONSTRUCTION PLANT I

  2001 5TH STREET, NE, WASHINGTON, DC, 20002

  Registry ID: 110070788681

• FORT MYER CONSTRUCTION PLANT I

  2001 5TH STREET, NE, WASHINGTON, DC, 20002

  Registry ID: 110070788681

• FORT MYER CONSTRUCTION PLANT I

  2001 5TH STREET, NE, WASHINGTON, DC, 20002

  Registry ID: 110070788681

• FORT MYER PLANT II

  1155 W STREET, NE, WASHINGTON, DC, 20018

  Registry ID: 110001967514

• FORT MYER CONSTRUCTION PLANT I

  2001 5TH STREET, NE, WASHINGTON, DC, 20002

  Registry ID: 110070788681

Statutes cited

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

Enforcement conclusions (1)

• FORT MYER CONSTRUCTION CORPORATION (2 FACILITIES)entered 2015-03-31

  Primary law: CAA

  Federal penalty: $30,000

Timeline (3 milestones)

• 2015-03-31Complaint Filed/Proposed Order
• 2015-03-31Final Order Issued
• 2015-04-02Enforcement Action Data Entered