EPA v. CHANNEL INDUSTRIES GAS CO., INC./TENNECO CORPORATION

Case summary

DATA SHEET: * STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION: CAA, 42 USC 7401 ET SEQ. 40 CFR 52.21 * NAME AND LOCATION OF DEFENDANTS: CHANNEL INDUSTRIES GAS COMPANY, INC. P.O. BOX 1607 1003 HWY 35 SOUTH BAY CITY, TX 77414 * TENNECO CORP P.O. BOX 2511 1010 TENNECO BLDG. HOUSTON, TX 77252 * THE VIOLATIONS UPON WHICH ACTION IS BASED: CHANNEL INDUSTRIES GAS CO, INC. (A SUBSIDIARY OF TENNECO CORP) FAILED TO OBTAIN A PSD PERMIT PRIOR TO THE CONSTRUC- TION AND OPERATION OF ITS SOLAR CENTAUR GAS TURBINE COM- PRESSOR. * THE PROPOSED RELIEF TO BE SOUGHT: CIVIL PENALTY AND INJUNCTIVE RELIEF TO REQUIRE CHANNEL INDUS TRIES TO OBTAIN AND OPERATE IN ACCORDANCE WITH A PSD PERMIT ISSUED BY EPA. * RECENT CONTACTS W/INTENDED DEFENDANTS: BY LETTER DATED JAN 25, 1988, EPA INFORMED DEFENDANTS OF THE ALLEGED VIOLATION; ON FEB 17, 1988, THE PARTIES MET TO DIS- CUSS THE VIOLATION. * SIGNIFICANT NAT'L PRECEDENTIAL OR FACTUAL ISSUES: EPA POLICY HAS ELEVATED COMPLIANCE WITH THE NEW SOURCE REVIEW REQUIREMENTS TO AN EXTREMELY IMPORTANT ENFORCEMENT PRIORITY; A SOURCE SHOULD NOT BE ALLOWED TO FRUSTRATE THE INTENT OF THE PSD PROGRAM BY CLAIMING TO BE AN 'ARTIFICIAL MINOR'. IN ADDITION, REGION VI ANTICIPATES THAT THE BACT DETERMINATION FOR THE REQUIRED PSD PERMIT WILL BE CONTESTED AND, FROM AN ENFORCEMENT PERSPECTIVE, IT IS ESSENTIAL THAT THE SOURCE COMPLY WITH THE PSD PERMIT REQUIREMENTS ONCE THE PERMIT IS ISSUED. * DATES OF INSPECTIONS, INFORMATION REQUESTS, OR RECEPT OF EVIDENCE THAT LED TO DECISION TO INITIATE ENFORCEMENT ACTION: FEB 11, 1987 STACK TEST CONDUCTED FOR CHANNEL IND, OCT 29, 1987 LETTER FROM EPA TO TACB REQUESTING INFORMATION CON- CERNING ABOVE-REFERENCED TEST, AND COPIES OF OTHER RELEVANT DOCUMENTS. * DATE TECHNICAL SUPPORT DOCUMENTS FROM PROGRAM NECESSARY FOR PREPARATION OF REFERRAL REACHED REGIONAL COUNSEL'S OFFICE. MARCH 1, 1988. * DATE REFERRAL SIGNED BY RA. MARCH 28, 1988.

Defendants (1)

• CHANNEL INDUSTRIES GAS CO., INC.Named in complaintNamed in settlement

Facilities (1)

• CHANNEL INDUSTRIES GAS STA 809

  HWY 35 3M W, BAY CITY, TX, 77414

  Registry ID: 110006125317

Statutes cited

• CAA 167 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CHANNEL INDUSTRIES GAS COMPANYentered 1989-03-02

  Primary law: CAA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1988-03-01Enforcement Action Data Entered
• 1988-03-01Referred To Dept Of Justice
• 1988-03-28Referred TO U.S. Attorney
• 1988-08-12Complaint Filed With Court
• 1989-03-02Final Order Lodged
• 1989-03-02Final Order Entered
• 1989-03-02Concluded
• 1989-03-20Enforcement Action Closed