EPA v. OZARK-MAHONING COMPANY

Case summary

1. STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION ARE: SECTION 112 AND 113 OF THE CLEAN AIR ACT, U.S.C. SECTIONS 7412 AND 7413, THE NATIONAL EMISSIONS STANDARDS FOR HAZ- ARDOUS AIR POLLUTANTS, SUBPART R - NATIONAL EMISSION STANDARDS FOR RADON EMISSIONS FROM PHOSPHOGYPSUM STACKS, 40 C.F.R. SEC. 51.200-205. 2. NAME AND LOCATION OF INTENDED DEFENDANT: OZARK-MAHONING COMPANY AN ELF ATOCHEM NORTH AMERICAN SUBSIDIARY 5101 WEST 21ST STREET TULSA, OK. 74107-2230 3. VIOLATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION: THE DEFENDANT IS IN VIOLATION OF SECTION 112 OF THE CLEAN AIR ACT AND THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS) PROMULGATED THEREUNDER. IN PAR- TICULAR, THE DEFENDANT VIOLATED THE FOLLOWING NESHAP REG- ULATIONS: A. 40 C.F.R. SEC. 61.203(A), FAILED TO TEST STACKS FOR RADON EMISSIONS WITHIN TIME SPECIFIED. B. 40 C.F.R. SEC. 61.203(B), FAILED TO REPORT RESULTS TO EPA WITHIN TIME SPECIFIED. 4. PROPOSED RELIEF TO BE SOUGHT: CIVIL PENALTIES FOR OZARK'S FAILURE TO COMPLY WITH SEC- TION 112 OF THE CLEAN AIR ACT AND THEREGULATIONS PROM- ULGATED PURSUANT TO SECTION 112 FOUND AT 40 C.F.R. PART 61, SUBPART R. 5. RECENT CONTACT WITH DEFENDANT: NONE 6. SIGNIFICANT NATIONAL, PRECEDENTIAL, OR FACTUAL ISSUES: THE DEADLINE TO FILE THIS CASE BASED ON THE GENERAL FIVE YEAR STATUTE OF LIMITATIONS {28 U.S.C. 2462, AND 3M COM- PANY V. BROWNER, NO. 92-1126 (D.C. CIR., MARCH 4, 1994)} IS MAR. 14, 1994. 7. DATES OF INSPECTIONS, INFORMATION RESPONSES, OR RECEIPT OF EVIDENCE WHICH LED TO DECISION TO INITIATE ENFORCE- MENT ACTION: JULY 1, 6 AND AUGUST 6, 1993 - CORRESPONDENCE FROM OZARK NOTIFYING EPA OF INACTIVE PHOSPHOGYPSM STACKS LOCATED AT ITS FACILITY IN TULSA, OK. 8. DATE TECHNICAL SUPPORT DOCUMENTS FROM PROGRAM NECESSARY FOR PREPARATION OF REFERRAL REACHED REGIONAL COUNSEL'S OFFICE: APR. 28, 1994 9. DATE REFERRAL WAS SIGNED BY REGIONAL ADMINISTRATOR: JUN. 22, 1994.

Defendants (1)

• OZARK-MAHONING COMPANYNamed in complaintNamed in settlement

Facilities (2)

• OZARK FLUORINE SPECIALTIES INCORPORATED A DELAWARE CORPORATION

  5101 WEST 21ST STREET, TULSA, OK, 741072230

  Registry ID: 110000455007

• OZARK FLUORINE SPECIALTIES INCORPORATED A DELAWARE CORPORATION

  5101 WEST 21ST STREET, TULSA, OK, 741072230

  Registry ID: 110000455007

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• OZARK-MAHONING COMPANYentered 1995-01-19

  Primary law: CAA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1994-04-28Enforcement Action Data Entered
• 1994-06-29Referred To Dept Of Justice
• 1995-01-19Final Order Lodged
• 1995-01-19Final Order Entered
• 1995-01-19Complaint Filed With Court
• 1995-01-19Concluded
• 1995-05-02Enforcement Action Closed