EPA v. STYROTECH, INC.

Case summary

STYROTECH HAS VIOLATED THE REGULATIONS FOR PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY (PSD) 40 CFR SECTION 52.21; AND THE MINNESOTA STATE IMPLEMENTATION PLAN (SIP). - THIS REFERRAL IS BASED ON AN INSPECTION CONDUCTED BY U.S. EPA ON 2/20/90 WHICH VERIFIED REPORTS FROM THE MINNESOTA POLLUTION CONTROL AGENCY THAT STYROTECH HAD BEGUN ACTUAL CONSTRUCTION AND WAS OPERATING ITS MINNEAPOLIS FACILITY IN VIOLATION OF THE FOLLOWING REGULATIONS REQUIRING PRECONSTRUC TION PERMITS: MINNESOTA RULES 6 MCAR 4.4003 AND 6 MCAR 4.4303, WHICH ARE PART OF THE FEDERALLY APPROVED MINNESOTA SIP AND SECTION 52.21(I) OF THE PSD REGULATIONS. U.S.EPA'S ESTIMATE OF STYROTECH'S POTENTIAL TO EMIT,INDICATES THAT THE FACILITY HAS THE POTENTIAL TO EMIT 250 TONS/YEAR OR MORE OF PENTANE, AND IS, THEREFORE, SUBJECT TO THE PSD AND SIP REGS. IN ORDER TO SETTLE THIS MATTER, STYROTECH MUST OBTAIN AN EMISSIONS PERMIT WHICH LIMITS STYROTECH'S POTENTIAL EMISSION PERMIT WHICH LIMITS STYROTECH'S POTENTIAL EMISSIONS TO LESS THAN 250 TONS/YEAR AND PAY A CIVIL PENALTY OF AT LEAST $101,000. - A NOTICE OF VIOLATION (NOV) WAS ISSUED TO STYROTECH ON 6/29/ 90. A CONFERENCE WAS HELD WITH STYROTECH AT U.S.EPA, REGION V, ON 7/26/90 TO DISCUSS THE NOV. STYROTECH DID NOT AT THAT TIME, NOR HAS IT SINCE, EXHIBITED A WILLINGNESS TO SETTLE THIS MATTER SHORT OF LITIGATION.

Defendants (1)

• STYROTECH, INC.Named in complaintNamed in settlement

Facilities (2)

• STYROTECH INCORPORATED

  1620 CENTRAL AVE., MINNEAPOLIS, MN, 554130000

  Registry ID: 110001301751

• STYROTECH INCORPORATED

  1620 CENTRAL AVE., MINNEAPOLIS, MN, 554130000

  Registry ID: 110001301751

Statutes cited

• CAA PARTC — Prevention of Significant Deterioration of Air Quality

Enforcement conclusions (1)

• STYROTECH INC.entered 1994-12-05

  Primary law: CAA

  Federal penalty: $40,250

Timeline (7 milestones)

• 1990-06-29Enforcement Action Data Entered
• 1991-03-25Referred To Dept Of Justice
• 1992-09-22Complaint Filed With Court
• 1994-12-05Final Order Lodged
• 1994-12-05Final Order Entered
• 1994-12-05Concluded
• 1995-05-30Enforcement Action Closed