EPA v. NEW BOSTON COKE CORPORATION

Case summary

THIS REFERRAL IS BASED ON EVIDENCE GATHERED DURING INSPECTIONS CONDUCTEDBY THE STATE OF OHIO AND THE UNITED STATES EPA, AND CORRESPONDENCEBETWEEN OHIO AND NEW BOSTON. THE INSPECTIONS AND DOCUMENTATION CONFIRMTHAT NEW BOSTON HAS FAILED TO CONTROL THE BENZENE EMISSIONS FROM ITSCOKE BY-PRODUCT RECOVERY PROCESSES AS REQUIRED BY SUBPART L OF THEBENZENE NESHAP, AND TO COMPLY WITH THE RECORDKEEPING AND REPORTINGREQUIREMENTS OF SUBPARTS L AND V. FURHTERMORE, NEW BOSTON HAS OPERATEDITS COKE BY-PRODUCT PLANT WITHOUT A WAIVER, WHICH CONSTITUTES AVIOLATION OF SUBPART A OF THE NESHAP RULES. ON 8/9/91, EPA ISSUED AFINDING OF VIOLATION TO NEW BOSTON CITING THESE VIOLATIONS. IN ADDITION TO THE NESHAP VIOLATIONS, NEW BOSTON IS IN VIOLATION OFAN 4/25/86, CONSENT ORDER ENTERED IN THE U.S. DISTRICT COURT FOR THESOUTHERN DISTRICT OF OHIO. THAT ORDER ADDRESSED VIOLATIONS OF THE OHIOSTATE IMPLEMENTATION PLAN (SIP) AT THE COMPANY'S COKE BATTERY. THEGOVERNMENT FILED A CONTEMPT ACTION IN 1988; NEGOTIATIONS TO RESOLVETHESE VIOLATIONS HAVE BEEN ONGOING SINCE THAT TIME. IN LIGHT OF THENESHAP VIOLATIONS, THE PARTIES AGREED TO EXPAND THE FOCUS OF THENEGOTIATIONS TO INCLUDE BOTH SIP AND NESHAP ISSUES. IN ORDER TOESTABLISH THE COURT'S JURISDICTION OVER THESE NEW VIOLATIONS, WE INTENDTO AMEND THE ORIGINAL COMPLAINT TO INCLUDE THE NESHAP COUNTS. OVER THE PAST SEVERAL YEARS, NEGOTIATIONS HAVE BEEN ONGOING WITH THEDOJ ACTING AS LEAD GOVERNMENT COUNSEL. THE FACT THAT THESE DISCUSSIONSHAVE LASTED FOR SEVERAL YEARS CAN BE ASCRIBED TO THE EMERGENCE OF CWAREQUIREMENTS THAT COMPLICATED RESOLUTION OF THE AIR ISSUES, AND THEGOVERNMENT'S DESIRE TO INCORPORATE THE NESHAP VIOLATIONS INTO THESETTLEMENT--AND NOT TO CORPORATE RECALCITRANCE. AS A RESULT OF THESENEGOTIATIONS, THE PARTIES HAVE ESSENTIALLY REACHED AGREEMENT ON THETERMS REQUISITE TO SETTLEMENT, EXCEPT FOR THE APPROPRIATE PENALTY. BECASUE OF NEW BOSTON'S FINANCIAL CONDITION, WE HAVE REQUESTED THAT ANEXPERT FROM OUR NATIONAL ENFORCEMENT INVESTIGATIONS CENTER ASSIST US INDETERMINING AN APPROPRIATE PENALTY. THAT INVESTIGATION IS ONGOING. PLEASE NOTE THAT THIS REFERRAL IS THE REGION'S CONTRIBUTION TO THEBENZENE CLUSTER INITIATIVE.

Defendants (1)

• NEW BOSTON COKE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• NEW BOSTON COKE CORPORATION

  3879 RHODES AVE, NEW BOSTON, OH, 45662

  Registry ID: 110064215399

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• NEW BOSTON COKE CORPORATIONentered 1993-10-08

  Primary law: CAA

  Federal penalty: $100,000

Timeline (7 milestones)

• 1992-02-15Enforcement Action Data Entered
• 1992-06-29Referred To Dept Of Justice
• 1993-03-09Complaint Filed With Court
• 1993-10-08Final Order Lodged
• 1993-10-08Final Order Entered
• 1993-10-08Concluded
• 1996-06-26Enforcement Action Closed