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05-1987-0167JudicialClosedFY 1987· Region 05

EPA v. NAVISTAR INTERNATIONAL CORP.

Final Order With Penalty

Penalty assessed

$33,750

Case summary

5/21/87 - NOV ISSUED 11/20/86 FOR VIOLATION OF INDIANA AIR POLLUTION CONTROL BOARD REGULATION 325 IAC 6-4-2(C), WHICH ESTABLISHES MAXIMUM ALLOWABLE PARTICULATE CONCENTRATION IN- CREASES. * * DATE OF PRE-REFERRAL PACKAGE TO HQ/DOJ: 2/8/88 * * NAVISTAR HAS VIOLATED THE INDIANA SIP, INDIANA AIR POLLU- TION CONTROL BOARD RULE 325 IAC 6-4-2(C), BY ALLOWING AN IN- CREASE IN CONCENTRATION OF FUGITIVE DUST OF 362 AND 145 MICROGRAM PER CUBIC METER ON MARCH 22, 1985, AND APRIL 29, 1987, RESPECTIVELY. THE RULE ALLOWS AN INCREASE OF 50 MICRO GRAM PER CUBIC METER. USEPA ISSUED A NOV TO NAVISTAR ON NO- VEMBER 20, 1986. THE COMPANY HAS BEEN NEGOTIATING WITH THE STATE OF INDIANA TO ATTEMPT TO RESOLVE THE VIOLATIONS, AND HAS COMPLETED MANY TASKS DESIGNED TO REDUCE THE LEVEL OF FU- GITIVE DUST. USEPA IS ATTEMPTING TO NEGOTIATE WITH NAVISTAR TO RESOLVE THE NOV PRIOR TO AND IN LIEU OF REFERRING THE CASE. HQ AND DOJ APPROVED A PROPOSED BOTTOMLINE SETTLEMENT FIGURE BY MEMO DATED MARCH 4, 1988. 09/27/88: 09/23 - SENT COMMENTS ON NAVISTAR'S PROPOSAL TO COUNSEL ON 8/31/88 AND 09/8/88.

Defendants (1)

  • NAVISTAR INT'L. CORP.Named in complaintNamed in settlement

Facilities (2)

  • NAVISTAR INTERNATIONAL TRANSPORTATION

    5565 BROOKVILLE RD., INDIANAPOLIS, IN, 46219

    Registry ID: 110000397142

  • NAVISTAR INTERNATIONAL TRANSPORTATION

    5565 BROOKVILLE RD., INDIANAPOLIS, IN, 46219

    Registry ID: 110000397142

Statutes cited

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

Enforcement conclusions (1)

  • NAVISTAR INT'L TRANSPORTATIONentered 1989-09-27

    Primary law: CAA

    Federal penalty: $33,750

Timeline (8 milestones)

  • 1986-12-01Enforcement Action Data Entered
  • 1988-02-08PRN Sent
  • 1989-03-08Referred To Dept Of Justice
  • 1989-04-24Complaint Filed With Court
  • 1989-09-27Final Order Lodged
  • 1989-09-27Final Order Entered
  • 1989-09-27Concluded
  • 1991-09-27Enforcement Action Closed

Case metadata

EPA activity ID
26408
Case number
05-1987-0167
Lead agency
EPA
HQ division
AIR
Branch
AWTG
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1987-0167 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.