EPA v. BRDARIC EXCAVATING, INC.

Case summary

On April 11, 2019 Region III filed a CAFO simultaneously initiating and resolving a civil penalty action against Brdaric Excavating, Inc. ( Respondent ), which owns and operates a rock quarry and crushing facility located at 500 Main Street, Swoyersville, PA, 18704 (the Facility ). The basis of the CAFO is Respondent's violation of requirements found in a federally enforceable state operating permit ( FESOP ) issued by the Pennsylvania Department of Environmental Protection ( PADEP ) pursuant to regulations incorporated into Pennsylvania's CAA State Implementation Plan (the PA SIP ) to the Respondent and governing operations at the Facility; and of 40 C.F.R. Part 63, Subpart ZZZZ, the National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines ( the RICE Rule ) of the Clean Air Act, 42 U.S.C. 7401 et seq (the CAA or the Act ). The failure to meet these requirements was identified by a compliance evaluation conducted by the EPA at the Facility on April 16, 2015. The civil penalty assessed in the CAFO is eight thousand, four hundred and twenty-seven dollars ($8,427.00).

Defendants (1)

• BRDARIC EXCAVATING, INC.Named in complaintNamed in settlement

Facilities (1)

• BRDARIC BUCK MTN QUA/BUCK MTN

  500 MAIN ST, SWOYERVILLE, PA, 18704

  Registry ID: 110064521263

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BRDARIC EXCAVATING, INC.entered 2019-04-11

  Primary law: CAA

  Federal penalty: $8,427

Timeline (5 milestones)

• 2019-04-11Complaint Filed/Proposed Order
• 2019-04-11Final Order Issued
• 2019-04-17Enforcement Action Closed
• 2019-04-17Air Resolved
• 2019-05-07Enforcement Action Data Entered