EPA v. EK ASSOCIATES, LP.

Case summary

ON DECEMBER 1, 1999, THE REGIONAL ADMINISTRATOR SIGNED A CONSENT ORDER PURSUANT TO SECTION 113(D) OF THE CLEAN AIR ACT IMPLEMENTING A CONSENT AGREEMENT BETWEEN THE DIRECTOR OF THE AIR AND RADIATION DIVISION, U.S. EPA REGION 5, AND EKCO/ GLACO, RESOLVING VIOLATIONS OF THE CHICAGO FIP FOR OZONE AT A PLANT LOCATED IN ROCKDALE, ILLINOIS. THE CACO ASSESSES A PENALTY OF $100,000 AND MOOTS A REMAND OF THE MATTER TO THE PRESIDING OFFICER BY THE EAB. BACKGROUND: ON JUNE 30, 1995, THE DIRECTOR OF THE AIR AND RADIAION DIVISION ISSUED AN ADMINISTRATIVE COMPLAINT AGAINST EKCO/GLACO, A BUSINESS ALIAS FOR THE LIMITED PARTNERSHIP EK ASSOCIATES, AND THE LIMITED PARTNERSHIP'S GENERAL PART- NER, EK MANAGEMENT CORP. THE OFFICES OF THE LILMITED PART- NERSHIP ARE IN JACKSON TENNESSEE. EKCO/GLACO REFURBISHES AND RECOATS BAKEWARE FOR COMMERCIAL BAKERIES. THE COMPLAINT, ISSUED UNDER SECTION 113(D) OF THE CAA ALLEGED FOUR VIOLATIONS OF THE CHICAGO FIP FOR OZONE, FOUND AT 40 C.F.R 52.741, AND SOUGHT A PENALTY OF $181,923. THE VIOLATIONS INCLUDED IMPROPER WORK PRACTICES, FAILURE TO CERTIFY COMPLIANCE, AND USE OF A NON-COMPLIANT COATING. THE DIRECTOR SUBSEQUENTLY WITHDREW A COUNT ALLEGING RECORD- KEEPING VIOLATIONS AND REDUCED THE PENALTY TO $151,622. ALF CHARNESKI CONVENED A HEARING ON THE MATTER ON AUGUST 13 AND 14, 1997, IN CHICAGO. THE ALJ ISSUED AN INITIAL DE- CISION ON JUNE 15, 1998, FINDING LIABILITY FOR THE WORK PRACTICE COUNT AND NON-COMPLIANT COATING COUNT, BUT DIS- MISSED THE CERTIFICATION COUNT BASED ON THE PAPERWORK RE- DUCTION ACT. THE INITIAL DECISION ASSESSED A PENALTY OF $86,107. THE REGION APPEALED THE INITIAL DECISION ARGUING THAT THE PRESIDING OFFICER ERRED IN DISMISSING THE CERTIFICATION COUNT AND THAT THE INITIAL DECISION CONTAINED INSUFFICIENT INFORMATION TO CONFORM TO 40 C.F.R. 22.27(B). THE EAB SUS- TAINED THE APPEAL AND REMANDED TO THE PRESIDING OFFICER FOR FURTHER PROCEEDINGS. THIS SETTLEMENT WILL MOOT THE REMAND.

Defendants (1)

• EKCO-GLACONamed in complaintNamed in settlement

Facilities (1)

• EKCO GLACO LTD

  800 MOEN AVE UNIT 3, ROCKDALE, IL, 60436

  Registry ID: 110009384530

Statutes cited

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

Enforcement conclusions (1)

• EK ASSOCIATES, LPentered 1999-12-02

  Primary law: CAA

  Federal penalty: $100,000

Timeline (5 milestones)

• 1995-06-30Complaint Filed/Proposed Order
• 1995-09-22Enforcement Action Data Entered
• 1997-08-13Administrative Hearing
• 1999-12-02Final Order Issued
• 1999-12-17Enforcement Action Closed