EPA v. ANDERSONS ET AL.

Case summary

NATURE OF THE CASE: ON 11/5/81, US EPA ISSUED TO THE ANDERSONS AN INNO- VATIVE TECHNOLOGY ORDER PURSUANT TO SEC 113(A)(4), (D)(1) & (4) OF THE ACT, 42 USC SEC 7413(A)(4), (D)(1) & (4). THE ORDER REQUIRED THE ANDERSONS TO ACHIEVE & DEMONSTRATE COMPLIANCE W/PROCESS WEIGHT, OPACITY & FUGITIVE EMISSION REGULATIONS OF THE OH STATE IMPLEMENTATION PLAN(SIP) ON OR BEFORE 4/15/82, AT ITS 7 SHIP LOADOUT SPOUTS. VISIBLE EMISSION OBSERVATIONS TAKEN IN 5/82 CONFIRMED THAT THE ANDERSONS' FACILITY WAS EMITTING PARTICULATE MATTER(GRAIN DUST) WELL IN EXCESS OF THE GENERAL 20% LIMITATION(AFTER APPLYING THE STATUTORY EXEMPTION) CONTAINED IN THE OH OP- ACITY REGULATION. US EPA, REGN 5 HAS DETERMINED THAT DE- SPITE THE INSTALLATION OF THE WATER MIST DUST CONTROL SYSTEM, THE LOADOUT SPOUTS CONTINUE TO VIOLATE BOTH THE TERMS OF THE ORDER & ALL 3 OH SIP REGULATIONS. US EPA, REGN 5 BELIEVES THAT THE CURRENT CONTROL SYSTEM CAN BE MOD TO ENABLE THE SOURCE TO ACHIEVE & DEMO- STRATE COMPLIANCE. IN ITS PRESENT FORM THE SYSTEM IS UN- RELIABLE & HAS NOT BEEN OPERATED PROPERLY. OPACITY HAS VARIED FROM 0 TO 85 % DURING TESTING. OUR TECH EVIDENCE INDICATES THAT THE VIOL'S MAY BE REMEDIED BY MORE STRING- ENT OPERATION & MAINTENANCE PROCEDURES, AN INCREASE IN THE AMOUNT OF MOISTURE USED &/OR THE USE OF ANOTHER CON- TROL SYSTEM IN COMBINATION W/THE CURRENT SYSTEM. ACCORD- INGLY, US EPA SEEKS A PERMANENT INJUNCTION REQUIRING FINAL COMPLIANCE W/THE OH SIP & CIVIL PLTY'S IN THE AMOUNT OF $25K/DAY OF VIOL, EXCEPT FOR THE PERIOD, 11/5/81 TO 4/15/82, DURING WHICH THE ANDERSONS WERE MTG THE TERMS OF THE INNOVATIVE TECH, DELAYED COMPLIANCE ORDER THE OH EPA & THE TOLEDO POLLUTION CONTROL AGENCY HAVE NOT ACTIVELY PARTICIPATED IN THIS MATTER. AT PRESENT, THE CASE PRESENTS NO ISSUES OF NATIONAL SIGNIFICANCE.

Defendants (1)

• ANDERSONSNamed in complaintNamed in settlement

Facilities (1)

• ANDERSONS THE

  1200 DUSSEL DR, MAUMEE, OH, 43537

  Registry ID: 110010758368

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• ANDERSONS ET AL.entered 1986-06-08

  Primary law: CAA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1982-09-30Referred To Headquarters
• 1982-12-29Referred To Dept Of Justice
• 1983-04-20Referred TO U.S. Attorney
• 1983-05-19Complaint Filed With Court
• 1986-06-08Final Order Lodged
• 1986-06-08Final Order Entered
• 1986-06-08Concluded
• 1987-10-01Enforcement Action Closed