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05-1988-0188JudicialClosedFY 1988· Region 05

EPA v. OCQUEOC PAVING CO.

Final Order With Penalty

Penalty assessed

$10,270

Case summary

OCQUEOC PAVING COMPANY FAILED TO CONDUCT A PERFORMANCE TEST FOR PARTICULATE MATTER WITHIN 180 DAYS OF INITIAL STARTING OF THE FACILITY AS REQUIRED BY 40 CFR SECTS 60.92(A) AND 60.8(A). WHEN THE COMPANY FINALLY PERFORMED THE REQUIRED STACK TESTING, THE TEST RESULTS SHOWED PARTICULATE EMISSIONS IN EXCESS OF THOSE ALLOWED UNDER 40 CFR PART 60, SUBPART I. REGION V SEEKS TO PERMANENTLY ENJOIN OCQUEOC PAVING COMPANY FROM FURTHER VIOLATIONS OF THE NEW SOURCE PERFORMANCE STAND- ARDS AND SEEKS A CIVIL PENALTY OF AT LEAST $10,270. A FINDING OF VIOLATION WAS ISSUED TO OCQUEOC PAVING JUNE 23, 1988. OCQUEOC PAVING DECLINED A CONFERENCE TO DISCUSS THE FINDING OF VIOLATION. THIS CASE IS SIGNIFICANT BECAUSE OCQUEOC PAVING DELAYED PERFORMING THE REQUIRED TESTING FOR OVER 6 MONTHS, THEN AFTER THEY PERFORMED A STACK TEST THE RESULTS INDICATED THAT THE COMPANY'S CONTROL EQUIPMENT IS NOT ADEQUATE TO MEET THE EMISSION LIMITATIONS FOR PARTICULATE MATTER.

Defendants (1)

  • OCQUEOC PAVING CO.Named in complaintNamed in settlement

Facilities (1)

  • OCQUEOC PAVING CO

    OCQUEOC RD, OCQUEOC, MI, 49763

    Registry ID: 110010592652

Statutes cited

  • CAA 111New Source Performance Standards
  • CAA 113Clean Air Act

Enforcement conclusions (1)

  • OCQUEOC PAVING CO.entered 1990-09-10

    Primary law: CAA

    Federal penalty: $10,270

Timeline (7 milestones)

  • 1988-05-26Enforcement Action Data Entered
  • 1988-12-08Referred To Dept Of Justice
  • 1989-04-05Complaint Filed With Court
  • 1990-09-10Final Order Lodged
  • 1990-09-10Final Order Entered
  • 1990-09-10Concluded
  • 1992-09-10Enforcement Action Closed

Case metadata

EPA activity ID
26889
Case number
05-1988-0188
DOJ docket
90-5-2-1-1325
Lead agency
EPA
HQ division
AIR
Branch
AWTL
EPA region
05
Multimedia
No
Voluntary self-disclosure
No
Primary statute
New Source Performance Standards

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-1988-0188 . 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.