EPA v. YKK SNAP FASTENERS AMERICA, INC.

Case summary

12/14/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $245,000, DUE WITHIN 30 DAYS. FACTUAL ALLEGATIONS: ON FEB 24, 2009, EPA KDAQ CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. ON MAR 19, 2009, EPA ISSUED AN INFO REQUEST LETTER TO RESPONDENT PURSUANT TO CAA SEC 114(a). RESPONDENT RESPONDED TO THE INFO REQUEST IN MAY, JUNE, AND AUG 2009. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3910(b) WHEN IT DID NOT SUBMIT THE INITIAL NOTIFICATION FOR AN EXISTING AFFECTED SOURCE BY JAN 2, 2005. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3950 AND SEC D, PARA 4, COMPLIANCE REQUIREMENTS FOR THE EMISSION RATE WITHOUT ADD-ON CONTROL OPTION, SECTION 63.3950 INITIAL COMPLIANCE DEMONSTRATION DEADLINE OF ITS TITLE V PERMIT, WHEN IT DID NOT CONDUCT AN INITIAL COMPLAINCE DEMONSTRATION DURING THE INITIAL COMPLIANCE PERIOD, WHICH BEGAN ON JAN 2, 2007 AND ENDED ON JAN 31, 2008. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3951 AND SEC 3, PARA 4, COMPLIANCE REQUIREMENTS FOR THE EMISSION RATE WITHOUT ADD-ON CONTROL OPTION, SECTION 63.3951 DEMONSTRATION OF INITIAL COMPLIANCE WITH EMISSION LIMITATIONS OF ITS TITLE V PERMIT, WHEN IT DID NOT MEET THE REQUIREMENTS DEMONSTRATING COMPLIANCE WITH THE EMISSION LIMIT DURING THE INITIAL COMPLIANCE PERIOD. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3910(c) AND SEC D, PARA 4, NOTIFICATIONS, REPORTS, AND RECORDS, SECTION 63.910(c) NOTIFICATION OF COMPLIANCE STATUS OF ITS TITLE V PERMIT, WHEN IT DID NOT SUBMIT THE NOTIFICATION OF COMPLIANCE STATUS WITHIN 30 CALENDAR DAYS FOLLOWING THE END OF THE INITIAL COMPLIANCE PERIOD, WHICH OCCURRED ON JAN 31, 2008. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3952 AND SEC 3, PARA 4, COMPLIANCE REQUIREMENTS FOR THE EMISSION RATE WITHOUT ADD-ON CONTROL OPTION, SECTION 63.3952 DEMONSTRATION OF COMPLIANCE WITH THE EMISSION LIMITATIONS OF ITS TITLE V PERMIT, WHEN RESPONDENT HAD NOT DETERMINED CONTINUOUS COMPLIANCE WITH THE EMISSION LIMIT IN 40 CFR 63.3890(b)(1), FOLLOWING THE INITIAL COMPLIANCE PERIOD. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3930, 63.3931, AND 63.10(b)(1) AND SEC D, PARA 4, SECTION 63.3930 OF ITS TITLE V PERMIT, WHEN RESPONDENT DID NOT HAVE AVAILABLE FOR REVIEW RECORDS THAT WERE REQUIRED TO BE MAINTAINED PURSUANT TO 40 CFR 63.3930 AND 63.10(b)(1). EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3890(b)(1) AND SEC D, PARA 4 OF ITS TITLE V PERMIT, WHEN IT DID NOT MEET THE APPLICABLE ORGANIC HAP EMISSION LIMIT OF 0.31 KILOGRAMS (kg) PER LITER (l) OR 2.6 POUNDS (LBS) PER GALLONS (GAL) COATING SOLIDS USED, FROM THE INITIAL COMPLIANCE PERIOD THRU DEC 2009. EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 63.3920(a) AND SEC 3, PARA 4, 63.3920(a), SEMIANNUAL COMPLIANCE REPORTS, WHEN IT DID NOT SUBMIT SEMIANNUAL REPORTS COVERING THE REPORTING PERIODS FEB-JUNE 2008; AND JULY-DEC 2008, BY JULY 31, 2008, AND JAN 31, 2009, RESPECTIVELY. EPA ALLEGES THAT RESPONDENT VIOLATED SEC F, PARA 6, OF ITS TITLE V OPERATING PERMIT WHEN IT DID NOT SUBMIT COMPLETE AND ACCURATE TITLE V SEMIANNUAL MONITORING REPORTS FOR THE TWO SEMIANNUAL PERIODS OF THE 2008 CALENDAR YEAR. EPA ALLEGES THAT RESPONDENT VIOLATED SEC F, PARA 9, OF ITS TITLE V OPERATING PERMIT WHEN IT DID NOT SUBMIT A COMPLETE AND ACCURATE TITLE V ANNUAL COMPLIANCE CERTIFICATION FOR CALENDAR YEAR 2008, WHEN THE CERTIFICATION DID NOT CONTAIN INFO PERTAINING TO THE COMPLIANCE STATUS WITH THE REQUIREMENTS OF 40 CFR PART 63, SUBPART MMMM.

Defendants (1)

• YKK SNAP FASTENERS AMERICA, INC.Named in complaintNamed in settlement

Facilities (2)

• YKK USA INC S&B PRODUCTS

  1090 INDUSTRY RD, LAWRENCEBURG, KY, 40342

  Registry ID: 110070828205

• YKK USA INC S&B PRODUCTS

  1090 INDUSTRY RD, LAWRENCEBURG, KY, 40342

  Registry ID: 110070828205

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• YKK SNAP FASTENERS AMERICA, INC.entered 2010-12-14

  Primary law: CAA

  Federal penalty: $245,000

Timeline (4 milestones)

• 2010-12-14Complaint Filed/Proposed Order
• 2010-12-14Final Order Issued
• 2010-12-17Enforcement Action Data Entered
• 2011-01-10Enforcement Action Closed