EPA v. H & D, INC.

Case summary

REGION V FILED THE ADMINISTRATIVE COMPLAINT IN THIS MATTER ON JUNE 28, 1996. THE COMPLAINT ALLEGED THAT RESPONDENT VIOLATED THE NEW SOURCE PERFORMANCE STANDARDS ( NSPS ) FOR HOT MIX ASPHALT FACILITIES, IN THAT DURING, AND FOR A TIME AFTER, A SEPTEMBER 7, 1995 STACK TEST, THE PLANT VIOLATED THE STANDARD FOR EMISSIONS OF PARTICULATE MATTER AT 40 C.F.R. SEC. 60.92(A)(1). BASED ON THE NUMBER OF DAYS THE PLANT OPERATED AFTER THE STACK TEST IN 1995, THE COMPLAINT PROPOSED THAT H&D BE ASSESSED A CIVIL PENALTY OF $191,297. BASED ON FACTORS INCLUDING THE STEPS H&D TOOK TO PROMPTLY RETURN TO COMPLIANCE, INCLUDING SUSPENDING OPERATIONS SHORTLY AFTER IT LEARNED OF THE STACK TEST RESULTS; INSTALLATION OF APPROPRIATE NEW CONTROL EQUIPMENT AT THE CHEBOYGAN FACILITY; INFORMATION H&D PROVIDED ON ITS PRODUCTION RATES AND DAYS OF OPERATION IN 1995; AND THE COMPANY'S AGREEMENT TO PERFORM THE 3 SEP'S AT A COST OF AT LEAST $124,000; EPA AGREED TO MITIGATE THE CIVIL PENALTY AMOUNT TO $12,500. PENALTY PAID IN FULL; SEP COMPLETED 04/27/98

Defendants (1)

• HODGKISS AND DUMAS, INC.Named in complaintNamed in settlement

Facilities (1)

• H & D INCORPORATED

  2081 W CHARLEVOIX AVE, PETOSKEY, MI, 49770

  Registry ID: 110001954984

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• HODGKISS AND DUMAS, INC.entered 1997-07-23

  Primary law: CAA

  Federal penalty: $12,500

Timeline (4 milestones)

• 1996-06-28Complaint Filed/Proposed Order
• 1996-10-09Enforcement Action Data Entered
• 1997-07-23Final Order Issued
• 1998-04-27Enforcement Action Closed