EPA v. NEW BOSTON COKE CORPORATION

Case summary

BACKGROUND AND NATURE OF THE CASE ON MARCH 27, 1984, REGION V ISSUED A NOTICE OF VIOLATIO N TO NEW BOSTON COKE CORPORATION FOR VIOLATION OF OHIO RULE AP-3-07 AT ITS NEW BOSTON, OHIO, COKE BATTERY FACILITY. AP-3-07 IS PART OF THE FEDERALLY APPROVED OHIO SIP AND LIMIT S THE DENSITY OF VISIBLE EMISSIONS EMANATING FROM STATIONARY SOURCES. NEW BOSTON COKE CORPORATION WAS FOUND TO BE IN VIOLATION OF THE STANDARD DURING PUSHING AND CHARGING OPERAT IONS, BASED UPON READINGS TAKEN BY CERTIFIED OPACITY OBSERVE RS. NEW BOSTON COKE CORPORATION IS LOCATED IN SCIOTO COUNTY WHICH HAS BEEN DESIGNATED AS A PRIMARY NON-ATTAINMENT AREA F OR TOTAL SUSPENDED PARTICULATES. CAUSE OF ACTION NEW BOSTON'S EMISSIONS ARE IN VIOLATION OF THE OHIO SIP AND BECAUSE NEW BOSTON IS A MAJOR SOURCE, U.S. EPA IS REQUIR ED TO BRING SUIT TO ABATE THE VIOLATIONS AND RECOVER PENALTI ES UNDER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SEC- TION 7413. PROPOSED PENALTY IN ORDER TO ACHIEVE COMPLIANCE WITH THE OHIO SIP, NEW BOSTON MUST INSTALL CONTROL EQUIPMENT. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $10,000. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE NEW BOSTON INTENDS TO RAISE ALL THE ISSUES TYPICALLY LITIGATED IN A STEEL CASE. NEW BOSTON INTENDS TO CONTEST THE APPLICABILITY OF AP-3-07 TO FUGITIVE EMISSIONS, THE PROPRIETY OF ALLEGING AN OPACITY VIOLATION WITHOUT ALLEGING A CORRESPONDING MASS VIOLATION AND THE PROPRIETY OF APPLYING METHOD 9 OBSERVATION PROCEDURES TO AN AGGREGATE STANDARD SUCH AS AP-3-07. FURTHERMORE, NEW BOSTON IS CURRENTLY UNDER PROTECTION OF CHAPTER 11 OF THE BANKRUPTCY ACT. CONTEMPT REFERRAL DATED 06/27/88: VIOLATIONS OF THE CONSENT ORDER ENTERED BY THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO ON APRIL 25, 1986 FOR FAILURE TO COMPLY WITH WITH THE EMISSION LIMITS IN THE CHARGING, PUSHING AND QUENCHING OPERATIONS AND IN THE OFFTAKE PIPING AREA OF THE COKE BATTERY. 4. PROPOSED RELIEF: A) INJUNCTIVE RELIEF REQUIRING COMPLIANCE WITH EMISSION LIMITS IN CHARGING, PUSHING AND QUENCHING OPERATIONS AND IN THE OFFTAKE PIPING AREA OF THE COKE BATTERY. B) STIPULATED PENALTIES FOR THE PERIOD OF NONCOMPLIANCE. 5. RECENT CONTACT WITH NEW BOSTON COKE CORP: EPA HAS HAD NUMEROUS CONTACTS WITH NEW BOSTON SINCE ENTRY OF THE CONSENT ORDER ON APRIL 25, 1986. THE TWO MOST RE- CENT MEETINGS WERE ON MARCH 30, 1988 AND JUNE 6, 1988. AT BOTH MEETINS, NEW BOSTON UPDATED EPA ON ITS EFFORTS TO COMPLY WITH THE CONSENT ORDER. 6. SIGNIFICANT ASPECTS OF THIS CASE: NEW BOSTON COKE CORP. HAS A LENGTHY HISTORY OF FAILURE TO COMPLY WITH THIS FEDERAL CONSENT ORDER. THE COURT HAS IN- DICATED A RELUCTANCE TO IMPOSE PENALTIES ON THE BASIS OF OPACITY VIOLATIONS ALONE. NEW BOSTON HAS EXTREMELY LIMITED FINANCIAL RESOURCES AND IS IN FACT, IN BANKRUPTCY. THESE FACTORS INDICATE A LOWER PENALTY SETTLEMENT MAY BE APPROPRIATE. CASE CLOSED 6/26/96.

Defendants (1)

• NEW BOSTON COKE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• NEW BOSTON COKE CORPORATION

  600 RIVER AVE., NEW BOSTON, OH, 45662

  Registry ID: 110043315873

Statutes cited

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

Enforcement conclusions (1)

• NEW BOSTON COKE CORP.entered 1986-04-25

  Primary law: CAA

  Federal penalty: $5,000

Timeline (8 milestones)

• 1984-06-30Referred To Headquarters
• 1984-07-23Referred To Dept Of Justice
• 1984-09-24Referred TO U.S. Attorney
• 1984-09-28Complaint Filed With Court
• 1986-04-25Concluded
• 1986-04-25Final Order Lodged
• 1986-04-25Final Order Entered
• 1996-06-26Enforcement Action Closed