EPA v. VAN HOEKELEN GREENHOUSES, INC.

Case summary

On June 14, 2022, Region 3 issued a stationary ESA for $20,150 to Van Hoekelen Greenhouses, Inc., presenting the Respondent settlement of violations under Title I of the Clean Air Act ( CAA or Act ), 42 U.S.C. 7413 et seq. Specifically, the compliance issues addressed in the ESA involve the resolution of violations concerning: Section 112 of the CAA, 42 U.S.C. 11833; 7412 and the regulations promulgated thereunder at 40 C.F.R. Part 63, Subpart JJJJJJ (Subpart 6J) known as the National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Are Sources regarding the ownership or operation of an industrial, commercial, or institutional boiler that is located at, or is part of, an area source of hazardous air pollutants (HAP), which subjects Respondent to civil penalties under Section 113(e) of the Act, as amended, 42 U.S.C 7413(e). Van Hoekelen Greenhouses is a Pennsylvania company located at 51 Lofty Road, McAdoo, PA. The area surrounding Respondent's facility is not considered an area of potential EJ concern according to Region III's EJ Screen protocol. Van Hoekelen Greenhouses currently operates a coal-fired boiler ( affected source ) at that site without previously (prior to EPA's 2019 inspection) completing a triennial performance test of the affected source, therefore not demonstrating compliance with stack emission limits and requirements in Table 1 and Table 3 of Subpart 6J for the affect source. This is the Region's first CAA Stationary ESA.

Defendants (1)

• VAN HOEKELEN GREENHOUSES, INC.Named in complaintNamed in settlement

Facilities (2)

• VAN HOEKELEN GREENHOUSES INC/MCADOO

  PO BOX 88, MCADOO, PA, 18237-0088

  Registry ID: 110022409437

• VAN HOEKELEN GREENHOUSES, INC.

  51 LOFTY ROAD, MC ADOO, PA, 18237

  Registry ID: 110070834911

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112D — MACT Standards

Enforcement conclusions (1)

• VAN HOEKELEN GREENHOUSES, INC.entered 2022-06-14

  Primary law: CAA

  Federal penalty: $20,150

Timeline (4 milestones)

• 2022-06-14Complaint Filed/Proposed Order
• 2022-06-14Enforcement Action Closed
• 2022-06-14Final Order Issued
• 2022-06-28Enforcement Action Data Entered