EPA v. DIVERSIFIED PLATING, LTD., AN OKLAHOMA L.L.C.

Case summary

1. SECTION 113(A)(3) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(A). 2. DIVERSIFIED PLATING, LTD., AN OK. LIMITED LIABILITY CORP. 2109 WEST SHERIDAN AVENUE OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA 73107 3. RESPONDENT WAS IN VIOLATION OF SECTION 112 OF THE CWA BY 1) NO O & M PLAN, 2) NOT COMPLYING WITH THE APPLICABLE SURFACE TENSION LIMIT DEMONSTRATED THROUGH CONTINUOUS COMPLIANCE MONITORING, 3) NOT MONITORING TO DEMONSTRATE CONTINUOUS COMPLIANCE, 4) NOT MAINTAINING RECORDS USED TO DEMONSTRATE COMPLIANCE, 5) NOT MAINTAINING RECORDS OF TOTAL PROCESS OPERATING TIME OF THE AFFECTED SOURCE, 6) NOT MAINTAINING RECORDS OF THE DATE AND TIME FUME SUP- PRESSANTS ARE ADDED TO THE ELECTROPLATING BATH, 7) NOT SUBMITTING A NOTIFICATION OF COMPLIANCE STATUS, AND 8) NOT COMPLETING AND RETAINING ON-SITE AN ONGOING COMPLI- ANCE STATUS REPORT, DUE ANNUALLY FOR AREA SOURCES. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(A)(3) OF THE CAA, EPA ISSUED AN ADMINISTRATIVE ORDER (AO) TO THE RESPOND- ENT. THE AO ORDERED THE RESPONDENT TO: A) DEMONSTRATE THAT THE FACILITY IS IN COMPLIANCE WITH REQUIREMENTS WITH IN 45 DAYS, B) PREPARE AN OPERATION AND MAINTENANCE PLAN TO BE IMPLEMENTED WITHIN 45 DAYS, C) IMMEDIATELY BEGIN MONITORING TO DEMONSTRATE CONTINUOUS COMPLIANCE AS RE- QUIRED, D) IMMEDIATELY MAINTAIN RECORDS THAT ARE USED TO DEMONSTRATE COMPLIANCE AND RECORDS OF THE DATE AND TIME THAT FUME SUPPRESSANTS ARE ADDED TO THE ELECTROPLATING BATH, AND E) WITHIN 45 DAYS, SUBMIT NOTIFICATION COMPLI- ANCE STATUS AS REQUIRED, AND COMPLETE AND RETAIN ON-SITE A SUMMARY REPORT TO DOCUMENT THE ONGOING COMPLIANCE STAT- US OF THE AFFECTED SOURCE, AS REQUIRED.

Defendants (1)

• DIVERSIFIED PLATING, LTD.Named in settlement

Facilities (1)

• DIVERSIFIED PLATING 2109 W SHERIDAN AVE

  2109 W SHERIDAN AVE, OKLAHOMA CITY, OK, 73109

  Registry ID: 110001647585

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• DIVERSIFIED PLATING, LTD.entered 1998-12-22

  Primary law: CAA

Timeline (5 milestones)

• 1998-12-22Complaint Filed/Proposed Order
• 1998-12-22Final Order Issued
• 1998-12-30Enforcement Action Data Entered
• 1999-01-05Compliance Achieved
• 1999-01-05Enforcement Action Closed