EPA v. C & D TECHNOLOGIES, INC.

Case summary

C&D failed to conduct performance testing of all of its sources of lead emissions subject to Subpart PPPPPP and Section 112 of the Act, 42 U.S.C. § 7412. EPA issued a Finding of Violation to C&D on April 27, 2010 and held a Section 113 conference with the company on May 27, 2010. EPA issued an Administrative Consent Order (ACO) to C&D on September 30, 2010, requiring C&D to conduct the required testing. C&D completed testing and submitted test results to EPA in accordance with the ACO. All tests demonstrate compliance with subpart PPPPPP. On March 31, 2011, EPA filed and Administrative Complaint assessing a penalty of $148,711. The CAFO requires C&D to pay a cash penalty of $26,000, in consideration of C&D’s cooperation in this matter, expeditious return to compliance, and performance of a Supplemental Environmental Project. Specifically, C&D will replace its dust collector with a new model that has a higher removal efficiency for particulate matter. C&D's particulate matter is mostly lead, so this will achieve lead and PM emissions reductions by about 33 percent.

Defendants (1)

• C & D TECHNOLOGIES, INC.Named in complaintNamed in settlement

Facilities (3)

• C & D TECHNOLOGIES INC

  200 W MAIN ST, ATTICA, IN, 47918-1344

  Registry ID: 110000404321

• C & D TECHNOLOGIES INC

  200 W MAIN ST, ATTICA, IN, 47918-1344

  Registry ID: 110000404321

• C & D TECHNOLOGIES INC

  200 W MAIN ST, ATTICA, IN, 47918-1344

  Registry ID: 110000404321

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• C & D TECHNOLOGIES, INC.entered 2011-07-06

  Primary law: CAA

  Federal penalty: $26,025 · SEP: $293,697

Timeline (3 milestones)

• 2011-03-31Complaint Filed/Proposed Order
• 2011-04-08Enforcement Action Data Entered
• 2011-07-06Final Order Issued