EPA v. THE SCHUMACHER COMPANY, A TEXAS CORPORATION

Case summary

1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(D). 2. THE SCHUMACHER COMPANY, A TEXAS CORPORATION 5610 POLK AVENUE HOUSTON, HARRIS COUNTY, TEXAS 77023 3. RESPONDENT WAS IN VIOLATION OF SECTION 112 OF THE CAA AND THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLU- TANTS (NESHAPS) BY: I) FAILURE TO CONDUCT REQUIRED INI- TIAL PERFORMANCE TESTING TO DEMONSTRATE COMPLIANCE WITH EMISSION LIMITATION STANDARDS, AS REQUIRED; II) FAILURE TO SUBMIT NOTIFICATION OF COMPLIANCE STATUS FOLLOWING THE PERFORMANCE TESTS FOR SYSTEMS A AND C, CONDUCTED IN JUN. AND JUL., 1997, AS REQUIRED; III) FAILURE TO DEMONSTRATE COMPLIANCE FOR SYSTEM B WITH EMISSION LIMITATION STAND- ARDS FOLLOWING REPLACEMENT OF TANK #6, AS REQUIRED; IV) FAILURE TO TIMELY SUBMIT NOTIFICATION OF COMPLIANCE STAT- US FOLLOWING THE PERFORMANCE TESTS CONDUCTED FOR SYSTEMS B IN JUL., 1999, AS REQUIRED; V) FAILURE TO PREPARE AND IMPLEMENT AN OPERATION AND MAINTENANCE (O&M) PLAN BY THE REQUIRED COMPLIANCE DATE AS REQUIRED AND HAVE AVAILABLE AT THE TIME OF THE INSPECTION, AS REQUIRED; VI) FAILURE TO ESTABLISH FOR BUILDING A, AS A SITE SPECIFIC PARAMETER THE PRESSURE DROP ACROSS THE COMPOSITE MESH-PAD SYSTEM, AS REQUIRED, AND FOR THE FIBER BED MIST ELIMINATOR, AS REQUIRED, SETTING THE VALUE THAT CORRESPONDS TO THE AP- PLICABLE EMISSION LIMITATION USING THE PROCEDURE IN THE SPECIFIED PROVISIONS; VII) FAILURE TO ESTABLISH FOR BUILDING B, AS A SITE SPECIFIC PARAMETER THE PRESSURE DROP ACROSS THE COMPOSITE MESH-PAD SYSTEM, AS REQUIRED, AND FOR THE FIBER BED MIST ELIMINATOR, AS REQUIRED, SET- TING THE VALUE THAT CORRESPONDS TO THE APPLICABLE EMIS- SION LIMITATION USING THE PROCEDURE SPECIFIED IN THE SPECIFIED PROVISIONS; VIII) FAILURE TO ESTABLISH FOR BUILDING C, AS A SITE SPECIFIC PARAMETER THE PRESSURE DROP ACROSS THE COMPOSITE MESH-PAD SYSTEM, AS REQUIRED, AND FOR THE FIBER BED MIST ELIMINATOR, AS REQUIRED, SET- TING THE VALUE THAT CORRESPONDS TO THE APPLICABLE EMIS- SION LIMITATION USING THE PROCEDURE SPECIFIED IN THE SPECIFIED PROVISIONS; IX) FAILURE TO HAVE MAINTAINED ALL REQUIRED WRITTEN RECORDS FOR THE AFFECTED SOURCES AS RE- QUIRED; AND X) FAILURE TO PROVIDE ON-GOING COMPLIANCE STATUS REPORTS AS REQUIRED TO BE COMPLETED ANNUALLY AND RETAINED ON-SITE FOR AFFECTED SOURCES, AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA PROPOSED A CIVIL PENALTY OF $220,000 FOR THE VIOLATIONS CITED.

Defendants (1)

• THE SCHUMACHER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• SCHUMACHER COMPANY INCORPORATED

  5610 POLK STREET, HOUSTON, TX, 77023

  Registry ID: 110000769794

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• THE SCHUMACHER COMPANYentered 2000-08-30

  Primary law: CAA

  Federal penalty: $50,000 · SEP: $184,469

Timeline (4 milestones)

• 2000-05-08Complaint Filed/Proposed Order
• 2000-05-09Enforcement Action Data Entered
• 2000-08-30Final Order Issued
• 2002-10-24Enforcement Action Closed