EPA v. DARLING INT'L (FORMERLY AW STADLER)

Case summary

IN AUGUST 1996, EPA INSPECTED THIS FACILITY IN RESPONSE TO A LONG HISTORY OF NUMEROUS CITIZEN COMPLAINTS. IN AUGUST, 1997, EPA ISSUED A NOV TO DARLING FOR VIOLATIONS OF THE OHIO AIR POLLUTION NUISANCE RULE IN THE OHIO SIP. AFTER A SECTION 113 CONFERENCE WITH DARLING, EPA REFERRED THE VIO- LATION TO DOJ, WHICH POINTED OUT THAT THE CASE DOES NOT HAVE A CLEAR LEGAL NEXUS BETWEEN THE MALODOROUS SUBSTANCES THAT THE FACILITY EMITS AND THE ENFORCEMENT AUTHORITY IN SECTION 113 OF THE CLEAN AIR ACT. SECTION 301 DEFINES APPLICABLE IMPLEMENTATION PLAN TO EXCLUDE SIP RULES THAT DO NOT SPECIFICALLY ADDRESS ANY COMPOUND OR SUBSTANCE FOR WHICH EPA HAS NOT PROMULGATED A NAAQS. DARLING STOPPED USING THE RENDERING COOKER AT THE FACILITY BECAUSE OF CHANGES IN THE INDUSTRY. DARLING IS USING THE FACILITY ONLY AS A TRANSFER STATION. THE CASE TEAM RECOMMENDED THAT EPA ISSUE AN ADMINISTRATIVE ORDER AS A PEACE WITH HONOR RESOLUTION. THE ORDER PROHIBITS DARLING FROM USING THE RENDERING COOKER UNTIL IT APPLIES TO THE OHIO EPA FOR A NEW PERMIT TO INSTALL AND OBTAINS SUCH A PTI.

Defendants (1)

• DARLING INT'L (FORMERLY AW STADLER)Named in settlement

Facilities (2)

• DARLING INTERNATIONAL INCORPORATED

  3275 WEST 65TH STREET, CLEVELAND, OH, 44102

  Registry ID: 110000386449

• DARLING INTERNATIONAL INCORPORATED

  3275 WEST 65TH STREET, CLEVELAND, OH, 44102

  Registry ID: 110000386449

Statutes cited

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

Enforcement conclusions (1)

• DARLING INT'Lentered 1999-12-03

  Primary law: CAA

Timeline (3 milestones)

• 1999-12-03Final Order Issued
• 2000-10-28Enforcement Action Data Entered
• 2001-02-01Enforcement Action Closed