EPA v. ASPHALT CUTBACKS, INC

Case summary

Asphalt Cutbacks, Inc. (A.C.I.) owns and operates an industrial asphalt and industrial cutback manufacturing facility at 3000 Gary Avenue, East Chicago, Indiana. The U.S. Environmental Protection Agency issued a Notice and Finding of Violation to A.C.I. on December 15, 2011 for violating the Indiana State Implementation Plan; Section 111(e) and 502(a) of the Clean Air Act, 42 U.S.C. §§ 7411(e) and 7661a(a); its federally enforceable state operating permit (FESOP); and the Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture at 40 C.F.R. Part 60, Subpart UU (Subpart UU). Specifically, A.C.I. failed to account for all potential emissions of volatile organic compounds (VOCs) when it applied for its FESOP, and exceeded the opacity limit of its FESOP and Subpart UU. The EPA discovered these violations through an inspection it conducted on May 6, 2010. The EPA is issuing the Administrative Penalty Order concurrently with this Consent Agreement and Final Order (CAFO). The potential emissions in question are not illegal, and A.C.I. is under no obligation to control them; A.C.I. just needs to account for them in its FESOP application. Nonetheless, A.C.I. reduced emissions from the preheating stage of its asphalt-blowing process by changing its operations to cease charging the process tanks during periods when its thermal oxidizers are still hot from use (the thermal oxidizers are idle when the processes are in the preheating stage). A.C.I. demonstrated compliance by reapplying for an updated FESOP to memorialize this process change and to take into account emissions that could potentially be generated from its thermal oxidizers during periods when the process tanks are being preheated, should it return to that operation, and from its asphalt storage tanks. Under this CAFO, A.C.I. will pay a civil penalty of $10,000 and will spend at least $84,500 to implement a supplemental environmental project by designing and installing duct work to collect all fugitive emissions from its asphalt storage tanks and venting the emissions to a Brink® Asphalt Vent Package for control. This project will result in 113 pounds of VOCs being reduced per year.

Defendants (1)

• ASPHALT CUTBACKS, INCNamed in complaintNamed in settlement

Facilities (1)

• ASPHALT CUTBACKS INCORPORATED

  3000 GARY AVE, EAST CHICAGO, IN, 46312-3578

  Registry ID: 110001354150

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• ASPHALT CUTBACKS, INCentered 2012-06-27

  Primary law: CAA

  Federal penalty: $10,000 · SEP: $84,500

Timeline (3 milestones)

• 2012-06-27Complaint Filed/Proposed Order
• 2012-06-27Final Order Issued
• 2012-06-28Enforcement Action Data Entered