EPA v. ACUSTAR, INC. - CHRYSLER ELECTRIC

Case summary

PLANT BOILERS ARE IN VIOLATION OF VISUAL EMISSION STANDARDS AND MALFUNCTIONS. COMPLAINT FOR VIOLATIONS OF INDIANA SIP RULES FOR OPACITY AND PARTICULATES. ACUSTAR, INC. ( ACUSTAR ), A SUBSIDIARY OF CHRYSLER MOTORS CORP. AND FORMERLY NAMED CHRYSLER ELECTRIC, OWNS & OPERATES THE INDIANAPOLIS ELECTRIC PLANT IN INDIANAPOLIS, INDIANA. AT THIS PLANT, ACUSTAR MANUFACTURES AUTOMOTIVE COMPONENTS AND INTEGRATED COMPONENT SYSTEMS. SINCE APPROXIMATELY DECEM BER OF 1984, ACUSTAR HAS BEEN IN VIOLATION OF INDIANA STATE IMPLEMENTATION PLAN ( SIP ) RULE APC-3, WHICH LIMITS VISIBLE EMISSIONS FROM EQUIPMENT TO 40% OPACITY. THE VIOLATIONS OF APC-3 WERE DISCOVERED BY CERTIFIED SMOKE READERS EMPLOYED BY THE CITY OF INDIANAPOLIS ( CITY ). THE AIR POLLUTION DIVI- SION FOR THE CITY ISSUED SEVERAL CITATIONS TO ACUSTAR FOR VIOLATIONS OF APC-3 AND OTHER LOCAL REGULATIONS. THESE CITA TION WERE ALSO SENT TO REGION V. ON JULY 29, 1986, REGION V ISSUED A NOTICE OF VIOLATION TO ACUSTAR, CITING IT FOR VIOLATIONS OF APC-3. THE REGION HELD A SECTION 113 CONFERENCE ON AUGUST 21, 1986, AT ACUSTAR'S REQUEST. DURING THIS CONFERENCE, ACUSTAR AGREED TO PERFORM A STACK TEST ON ITS BOILERS AND TO TAKE ANY OTHER MEASURE NECESSARY TO ACHIEVE COMPLIANCE WITH THE INDIANA SIP. BASED UPON THE SOURCE'S REPRESENTATIONS THAT IT COULD COME INTO COMPLIANCE IMMEDIATELY, THE REGION FORWARDED AN ADMINISTRA- TIVE ORDER TO ACUSTAR. FROM AUGUST OF 1986 TO JANUARY OF 1988, ACUSTAR MADE SEVE- RAL REPAIRS TO ITS BOILERS. ACUSTAR CONDUCTED STACK TESTS IN DECEMBER OF 1987 AND JANUARY OF 1988. BOTH TESTS SHOWED THAT ACUSTAR'S BOILERS WERE IN COMPLIANCE WITH APC-3, BUT IN VIOLATION OF THE PARTICULATE LIMITATIONS SET FORTH AT 325 IAC 6-1-12. ON AUGUST 25, 1988, THE U.S EPA ISSUED A NOTICE OF VIOLATION TO ACUSTAR FOR ITS VIOLATIONS OF 325 IAC 6-1-12 DURING THE SPRING OF 1988, ACUSTAR NOTIFIED THE REGION THAT IT INTENDS TO SHUT DOWN THIS FACILITY BY DECEMBER OF 19 88. ACUSTAR HAS INDICATED A WILLINGNESS TO RESOLVE BOTH NO- TICE OF VIOLATION WITH A FEDERALLY-ENFORCEABLE CONSENT DE- CREE. USEPA SEEKS A CONSENT DECREE WHICH REQUIRED ACUSTAR TO SHUT DOWN BY A DATE CERTAIN. IN THE EVENT THAT ACUSTAR DE- CIDES TO OPERATE THIS FACILITY BEYOND DECEMBER OF 1988, THE CONSENT DECREE WILL ALSO REQUIRE ACUSTAR TO UPGRADE ITS BOIL ERS AND ACHIEVE AND DEMONSTRATE COMPLIANCE WITH INDIANA SIP RULES 325 IAC 6-1-12 AND APC-3. IN ADDITION, USEPA WILL SEEK APPROPRIATE CIVIL PENALTIES FOR ACUSTAR'S VIOLATIONS OF THE INDIANA SIP, AS WELL AS STIPULATED PENALTIES FOR VIOLA- TIONS OF THE CONSENT DECREE.

Defendants (1)

• CHRYSLER ELECTRICNamed in complaintNamed in settlement

Facilities (2)

• INDIANAPOLIS ELECTRICAL

  2900 NORTH SHADELAND AVENUE, INDIANAPOLIS, IN, 462191187

  Registry ID: 110002378105

• INDIANAPOLIS ELECTRICAL

  2900 NORTH SHADELAND AVENUE, INDIANAPOLIS, IN, 462191187

  Registry ID: 110002378105

Statutes cited

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

Enforcement conclusions (1)

• ACUSTAR INC.entered 1990-08-01

  Primary law: CAA

  Federal penalty: $25,000

Timeline (8 milestones)

• 1986-07-29Enforcement Action Data Entered
• 1988-12-13PRN Sent
• 1989-12-28Referred To Dept Of Justice
• 1990-05-08Complaint Filed With Court
• 1990-08-01Final Order Lodged
• 1990-08-01Final Order Entered
• 1990-08-01Concluded
• 1991-09-30Enforcement Action Closed