EPA v. ALMOND INVESTMENT COMPANY

Case summary

THE CAA PORTION OF THIS REFERRAL ADDRESSES ALMOND'S VIOLATIONS OF TITLE V OF THE CAA AMENDMENTS OF 1990 AND 40 C.F.R.PART 70, WHICH REQUIRE A MAJOR SOURCE TO OBTAIN A PERMIT TO OPERATE, AND OF THE MICHIGAN STATE IMPLEMENTATION PLAN ( MICHIGAN SIP ). SPECIFICALLY, ALMOND IS IN VIOLAT- IONS OF MICHIGAN SIP REGULATIONS THAT (1) REQUIRE A FACILITY TO OBTAIN A PERMIT TO INSTALL BEFORE INSTALLING A NEW PROCESS TO THE SOURCE - MICHIGAN SIP RULE 201; (2) REQUIRE A MAJOR OFFSET SOURCE TO INSTALL LOWEST ACHIEVABLE EMISSIONS RATE ( LAER ) TECHNOLOGY TO OBTAIN OFFSETS FOR NEW SOURCES IN A NONATTAINMENT AREA - MICHIGAN SIP RULE 220; (3) LIMIT EMISSIONS OF VOCS - MICHIGAN SIP RULE 621 (1); AND (4) RE- QUIRE A FACILITY TO KEEP RECORDS OF VOC EMISSIONS - MICHIGAN SIP RULE 621(5). ALMOND INSTALLED A THIRD PAINT COATING LINE TO ITS FACILITY WITHOUT A PERMIT TO INSTALL. ALMOND INSTALLED THIS MAJOR OFFSET SOURCE WITHOUT INSTALLING CON- TROL TECHNOLOGY CAPABLE OF ACHIEVING LAER FOR VOCS AND WITHOUT ENSURING APPROPRIATE OFFSETS FOR VOCS. ALMOND HAS REPEATEDLY EXCEEDED THE EMISSION RATE LIMITATIONS PROVIDED BY THE MICHIGAN SIP AND FAILED TO MAINTAIN DAILY MONITORING DATA WHICH IS REQUIRED BY THE MICHIGAN SIP. ADDITIONALLY, ALMOND IS A MAJOR SOURCE WHICH HAS BEEN OPERATING THIS THIRD UNPERMITTED PAINT COATING LINE WITHOUT OBTAINING A PERMIT AS REQUIRED BY TITLE V AND 40 C.F.R. PART 70. THE CWA PORTION OF THIS REFERRAL ADDRESSES ALMOND'S SIGNIFICANT COMPLIER VIOLATIONS OF SECTION 307(D) OF THE CWA WHICH MAKES IT UNLAWFUL TO OPERATE ANY SOURCE IN VIOLATION OF PRETREATMENT STANDARDS. ALMOND DISCHARGED WASTEWATER FROM FOUR METAL FINISHING LINES TO THE PUBLICLY OWNED TREATMENT WORKS OF MUSKEGON. THE DISCHARGES EXCEEDED POLLUTANT LIMITS FOR ZINC, CHROMIUM, COPPER, LEAD, NICKEL, AND TOTAL METALS. CATEGORY OF VIOLATOR THAT SHOULD BE ADDED IS: CWA- SNC -SIGNIFICANT NONCOMPLIER OR SIGNIFICANT VIOLATOR

Defendants (1)

• ALMOND INVESTMENT COMPANYNamed in settlement

Facilities (1)

• ALMOND PRODUCTS INCORPORATED

  6435 SCHAMBER DR., MUSKEGON, MI, 49444

  Registry ID: 110000494162

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CAA 113D — Clean Air Act

Enforcement conclusions (1)

• ALMOND INVESTMENT COMPANYentered 2000-01-10

  Primary law: CAA

  Federal penalty: $50,000

Timeline (5 milestones)

• 1999-04-01Referred To Dept Of Justice
• 1999-04-28Enforcement Action Data Entered
• 1999-10-06Complaint Filed With Court
• 1999-10-06Final Order Lodged
• 2000-01-10Final Order Entered