EPA v. HARMAN AUTOMOTIVE, INC.

Case summary

NATURE OF THE CASE: THIS IS A PROPOSED ACTION FOR A CIVIL PENALTY AND PERMANENT INJUNCTION AGAINST HARMON AUTOMOTIVE, INC., FOR VIOLATIONS OF SECTIONS 113 AND 114 OF THE CAA, 42 U.S.C. 7413 AND 7414. DEFENDANT OWNS AND OPERATES A PLANT THAT PRODUCES AUTOMOBILE SIDE-VIEW MIRROR UNITS. THE PLANT IS LOCATED IN BOLIVAR, HAR DEMAN COUNTY, TN. THE PLANT EMITS VOLATILE ORGANIC COMPOUNDS (VOC), PARTICULATE MATTER AND NITROGEN OXIDES INTO THE ATMOS PHERE. ON DECEMBER 27, 1984, EPA SENT A LETTER PURSUANT TO CAA SEC- TION 114 TO HARMAN, REQUESTING SPECIFIC INFORMATION REGARD- ING EMISSIONS OF VOC'S. THE LETTER REQUIRED SUBMISSION OF THE INFORMATION TO EPA BY JANURARY 25, 1985. BECAUSE THE IN- FORMATION WAS NOT SUBMITTED, ON FEBRUARY 20, 1985, EPA ISSUED AN ADMINISTRATIVE ORDER PURSUANT TO CAA SECTION 113 (A)(3), REQUIRING COMPLIANCE WITH THE SECTION 114 LETTER BY MARCH 7, 1985. AS OF THE DATE OF THIS REFERRAL, THE ORDER HAS NOT BEEN COMPLIED WITH. RECOMMENDED ACTION: BOTH EPA AND TN NEED THE INFORMATION REQUIRED BY THE LETTER AND ORDER. THEREFORE, AN INJUNCTION REQUIRING COMPLIANCE WITH THE ORDER SHOULD BE SOUGHT. THE DRAFT COMPLAINT SEEKS THE MAXIMUM CIVIL PENALTY PROVIDED FOR IN SECTION 113(B). SINCE THE SECTION 113 (A) ORDER RE- QUIRED SUBMISSION OF THE INFORMATION BY MARCH 7, 1985, EVERY DAY AFTER MARCH 7 IS A DAY OF VIOLATION. AN INITIAL SETTLE- MENT AMOUNT HAS BEEN CALCULATED IN ACCORDANCE WITH THE STA- TINARY SOURCE CIVIL PENALTY POLICY.

Defendants (1)

• HARMAN AUTOMOTIVE, INC.Named in complaintNamed in settlement

Facilities (1)

• HARMAN AUTOMOTIVE INCORPORATED

  127 TATE RD., BOLIVAR, TN, 38008

  Registry ID: 110000373612

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• HARMAN AUTOMOTIVE, INC.entered 1986-06-13

  Primary law: CAA

  Federal penalty: $40,000

Timeline (6 milestones)

• 1985-04-03Referred To Dept Of Justice
• 1985-04-25Complaint Filed With Court
• 1986-06-13Final Order Lodged
• 1986-06-13Final Order Entered
• 1986-06-13Concluded
• 1986-10-01Enforcement Action Closed