EPA v. HPA MONON

Case summary

U.S. EPA RECEIVED A CITIZEN'S COMPLAINT ABOUT THE FACILITY AND AN INSPECTION WAS PERFORMED. HIGH OPACITY WAS OBSERVED EMANATING FROM THE STACK OF THE BOILER AT PLANT 8. VISIBLE EMISSION READINGS WERE PERFORMED BY METHOD 9. STACK TESTING WAS PERFORMED BY THE COMPANY AND THE TEST RESULTS SHOWED THAT PSC HAD BEEN TRIGGERED FOR PM, PM10, AND CO. A NOTICE OF VIOLATION WAS ISSUED TO THE COMPANY FOR OPACITY AND PSD VIOLATIONS. THE COMPANY CAME IN FOR A 113 CONFERENCE AND DISCUSSED THE VIOLATIONS. AFTER THE CONFERENCE, IT WAS CON- CLUDED THAT U.S. EPA COULD NOT PURSUE THE PSD VIOLATIONS BE- CAUSE THE PERMIT THAT DETERMINED OPERATING CONDITIONS FOR THE BOILER WRE NEGOTIATED BY MONON CORPORATION (THE PREVIOUS OWNER) AND NOT HPA MONON. WHEN HPA MONON BOUGHT THE COMPANY, IT ONLY PURCHASE THE ASSESTS AND NOT THE LIABILITIES, THEREFORE, U.S. EPA COULD NOT HOLD HPA MONON TO THE PSD CONDITIONS IN THE CONSTRUCTION PERMIT. AN AGREED ORDER WAS NEGOTIATED WITH HPA MONON TO RESOLVE THE CASE WHICH REQUIRED INSTALLATION OF PRESSURE DROP MONITORING DEVICE, AND FOR HPA MONON TO OBTAIN A PERMIT WHICH SATISFIED HOW IT OPERATED AND GAVE IT LIMITATIONS TO DETERMINE IN THE FUTURE IF PSD WILL BE TRIGGERED.

Defendants (1)

• HPA MONONNamed in settlement

Facilities (1)

• HPA MONON CORPORATION

  6929 US 421, MONON, IN, 47959

  Registry ID: 110064192760

Statutes cited

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

Enforcement conclusions (1)

• HPA MONONentered 1998-10-20

  Primary law: CAA

Timeline (3 milestones)

• 1998-10-20Enforcement Action Closed
• 1998-10-20Final Order Issued
• 1999-02-16Enforcement Action Data Entered