EPA v. CUSTOM FIBERGLASS MOLDING

Case summary

The U.S. Environmental Protection Agency (EPA), Region 5, is issuing a Consent Agreement and Final Order (CAFO) and under the Clean Air Act (the Act) to Custom Fiberglass Molding, Inc. (CFM) for violations of Section 112 of the Act, 42 United States Code § 7412, and the implementing regulations at 40 Code of Federal Regulation Part 63, Subpart PPPP, the National Emission Standards for Hazardous Air Pollutants (NESHAPs): Surface Coating of Plastic Parts and Products; and Subpart WWWW, the NESHAP for Reinforced Plastics Composites Production. CFM violated the Wisconsin State Implementation Plan and CFM’s Operation Permit Number 469084990-P10. CFM owns and operates a fiberglass parts production facility at E5880 Little River Road in Weyauwega, Wisconsin. Specifically, CFM failed to a) meet styrene (a hazardous air pollutant) content restrictions for some resins and paint; and b) perform required notifications and reporting. EPA discovered these violations from CFM’s responses to an information request of May 20 and July 1, 2011. On March 15, 2012, EPA and CFM met for a Section 113 conference regarding the violations. During that meeting, and in materials provided after the meeting, CFM demonstrated that it had been in compliance with emission limits set in the Subparts PPPP and WWWW NESHAPS. They prepared and submitted all pertinent notifications, certifications and records required by the NESHAPS. With regard to the Title V permit violations, CFM demonstrated that the Wisconsin Department of Natural Resources had issued permit conditions that were not applicable to CFM’s operation and CFM is modifying its permit to properly reflect its operations. Based on its review of the information provided by CFM, EPA proposed a penalty, based on the Clean Air Act Stationary Source Penalty Policy of $28,589.75. CFM has accepted the proposed penalty and agreed to enter into a CAFO to resolve this matter.

Defendants (1)

• CUSTOM FIBERGLASS MOLDINGNamed in complaintNamed in settlement

Facilities (1)

• CUSTOM FIBERGLASS MOLDING

  E 5880 LITTLE RIVER ROAD, WEYAUWEGA, WI, 54983

  Registry ID: 110005478848

Statutes cited

• CAA 112D — MACT Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CUSTOM FIBERGLASS MOLDINGentered 2013-02-06

  Primary law: CAA

  Federal penalty: $28,599

Timeline (3 milestones)

• 2013-02-06Complaint Filed/Proposed Order
• 2013-02-06Final Order Issued
• 2013-02-11Enforcement Action Data Entered