EPA v. RICHARDS INDUSTRIES, INC.

Case summary

RICHARDS INDUSTRIES VIOLATED THE TESTING REPORTING AND NOTIFICATION REQUIREMENTS OF THE CHROME PLATING NESHAP. (SEE S-8). ON APRIL 16, 1998, REGION 5 OF THE U.S. EPA ISSUED A FINDING OF VIOLATION (FOV) TO RICHARDS INDUSTRIES, INC., UNDER THE AUTHORITY OF SECTION 113(A)(3) OF THE CLEAN AIR ACT (CAA). THE FOV ALLEGED THAT RICHARDS INDUSTRIES HAD VIOLATED THE NESHAP FOR CHROMIUM EMISSIONS FROM HARD AND DECORATIVE CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING TANKS (CHROME PLATING NESHAP), WHICH IS CODIFIED AT 40 C.F.R. PART 63.340-347. RICHARDS INDUSTRIES WAS SPECIFI- CALLY CITED FOR THE FOLLOWING VIOLATIONS. 1. FAILURE TO NOTIFY U.S. EPA OF RICHARDS INDUSTRIES' INTENTION TO CONDUCT A PERFORMANCE TEST 60 DAYS BEFORE THE TEST WAS SCHEDULED TO BEGIN. 40 C.F.R. 63.347(D)(1). 2. FAILURE TO CONDUCT AN INITIAL PERFORMANCE TEST WITHIN 180 DAYS OF THE JANUARY 25, 1997 COMPLIANCE DATE FOR HARD CHROMIUM ELECTROPLATING TANKS. 40 C.F.R. 63.343(B)(1) AND 63.7(A)(2). 3. FAILURE TO CONDUCT AN INITIAL PERFORMANCE TEST CONSIST- ING OF THREE SEPARATE TEST RUNS. 40 C.F.R. 63.343(B)(1) AND 63.7(E)(3). 4. FAILURE TO SUBMIT A COMPLETE REPORT OF PERFORMANCE TEST RESULTS. 40 C.F.R. 63.347(F)(2) AND 63.344(A). FOLLOWING RECEIPT OF THE FOV, RICHARDS INDUSTRIES CONDUCTED A PERFORMANCE TEST IN COMPLIANCE WITH ALL APPLICABLE REGULATIONS, AND SUBMITTED A COMPLETE REPORT OF THE PERFORMANCE TEST RESULTS TO U.S.EPA. ON JULY 14,1998, A CAA SECTION 113 CONFERENCE WAS HELD TO DISCUSS THE FOV. RICHARDS INDUSTRIES WAS ADVISED THAT AN ADMINISTRATIVE PENALTY ORDER (APO) WOULD BE ISSUED TO RICHARDS INDUSTRIES. RICHARDS INDUSTRIES WISHED TO DISCUSS SETTLEMENT OF THE APO. REGION 5 PROPOSED A CIVIL PENALTY OF $50,050. A SETTLEMENT WAS REACHED WHEREIN RICHARDS INDUSTRIES AGREED TO PAY A PENALTY IN THE AMOUNT OF $27,500. A CONSENT AGREEMENT & CONSENT ORDER (CACO) WAS QUICKLY NEGOTIATED. ON APRIL 16, 19988, REGION 5 OF THE U.S. EPA ISSUED A FIND- ING OF VIOLATION (FOV) TO RICHARDS INDUSTRIES, INC., UNDER THE AUTHORITY OF SECTION 113 (A)(3) OF THE CLEAN AIR ACT (CAA). THE FOV ALLEGED THAT RICHARDS INDUSTRIES HAD VIOLATED THE NESHAP FOR CHROMIUM EMISSIONS FROM HARD AND DECORATIVE CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING TANKS(CHROME PLATING NESHAP), WHICH IS CODIFIED AT 40 C.F.R. PART 63.340-347. RICHARDS INDUSTRIES WAS SPECIFICALLY CITED FOR THE FOLLOWING VIOLATIONS: 1. FAILURE TO NOTIFY U.S. EPA OF RICHARDS INDUSTRIES' INTENTION TO CONDUCT A PERFORMANCE TEST 60 DAYS BEFORE THE TEST WAS SCHEDULED TO BEGIN. 40 C.F.R. 63.347(D)(1). 2. FAILURE TO CONDUCT AN INITIAL PERFORMANCE TEST WITHIN 180 DAYS OF THE JANUARY 25, 1997 COMPLIANCE DATE FOR HARD CHROMIUM ELECTROPLATING TANKS. 40 C.F.R. 63..343(B)(1) AND 63.7(A)(2) 3. FAILURE TO CONDUCT AN INITIAL PERFORMANCE TEST CONSISTING OF THREE SEPARATE TEST RUNS. 40 C.F.R. 63.343(B) (1) AND 63.7 (E)(3). 4. FAILURE TO SUBMIT A COMPLETE REPORT OF PERFORMANCE TEST RESULTS. 40 C.F.R. 63.347(F)(2) AND 63.344(A). FOLLOWING RECEIPT OF THE FOV, RICHARDS INDUSTRIES CONDUCTED A PERFORMANCE TEST IN COMPLIANCE WITH ALL APPLICABLE RE- GULATIONS, AND SUBMITTED A COMPLETE REPORT OF THE PERFORM- ANCE TEST RESULTS TO U.S. EPA. ON JULY 14, 1998, A CAA SECTION 113 CONFERENCE WAS HELD TO DISCUSS THE FOV. RICHARDS INDUSTRIES WAS ADVISED THAT AN ADMINISTRATIVE PENALTY ORDER (APO) WOULD BE ISSUED TO RICHARDS INDUSTRIES. RICHARDS INDU

Defendants (1)

• RICHARDS INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• RICHARDS INDUSTRIES INCORPORATED

  3170 WASSON ROAD, CINCINNATI, OH, 45209

  Registry ID: 110001625956

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• RICHARDS INDUSTRIES, INC.entered 1998-09-22

  Primary law: CAA

  Federal penalty: $27,500

Timeline (4 milestones)

• 1998-09-22Complaint Filed/Proposed Order
• 1998-09-22Final Order Issued
• 1998-09-28Enforcement Action Data Entered
• 1998-11-03Enforcement Action Closed