EPA v. VAN NATTA CORPORATION

Case summary

ON APRIL 30, 1984, VAN NATTA CORPORATION LOCATED IN KAILUA, OHAU, HAWAII APPLIED TO THE HAWAII DOH FOR A STATE AUTHORITY TO CONSTRUCT A NEW STATIONARY SOURCE OF AIR POLLU- TION. THE PROPOSED PROJECT INVOLVES THE CONSTRUCTION AND OPERATION OF AN ASPHALT CONCRETE PLANT TO BE LOCCATED AT THE CENTRAL HALAWA INDUSTRIAL PARK ON HIGHWAY H-3 IN THE HALAWA VALLEY, OAHUA, HAWAII. HAWAII DOH REVIEWED THE PERMIT APPLICATION AND DETER- MINED THAT THE PROPOSED PROJECT HAS A POTENTIAL TO EMIT SULFUR DIOXIDE IN EXCESS OF 250 TONS PER YEAR. BY LETTER, HAWAII DOH INFORMED EPA REGION IX OF ITS CONCLUSION AND RE- QUESTED THE FEDERAL AGENCY'S CONCURRENCE ON THE POTENTIAL TO EMIT CALCULATIONS. BY LETTER DATED JULY 11, 1984, EPA RE- GION IX INFORMED THE STATE AGENCY THAT SINCE THE STATE'S AND THE APPLICANT'S POTENTIAL TO EMIT CALCULATIONS WERE SIG- NIFICANTLY ABOVE THE PSD 250 TONS PER YEAR MAJOR SOURCE CUT- OFF LEVEL, THE PROPOSED PROJECT IS THEREFORE SUBJECT TO PSD REVIEW. ON AUGUST 8TH, 1984, THE REGIONAL ADMINISTRATOR OF EPA REGION IX ISSUED AN ADMINISTRATIVE ORDER TO THE VAN NATTA CORPORATION PURSUANT TO SECTION 167 OF THE CLEAN AIR ACT, 42 U.S.C.7477, PROHIBITING DEFENDANT FROM CONSTRUCTING, ERECT- ING OR OPERATING THE ASPHALT CONCRETE PLANT AT HALAWA VALLEY OAHU, HAWAII PRIOR TO OBTAINING A PSD PERMIT FROM THE HAWAII DEPARTMENT OF HEALTH. THE DEFENDANT SINCE HAS COMMENCED THE CONSTRUCTION AND/OR ERECTION OF THE PROPOSED FACILITY WITH- OUT HAVING OBTAINED A PSD PERMIT FROM THE HAWAII DOH. THE VAN NATTA CORPORATION IS THUS IN VIOLATION OF SECTION 165 OF THE CLEAN AIR ACT AND THE FEDERAL PSD REGULATIONS. CON- STRUCTION OF THE FACILITY SHOULD BE ENJOINED IMMEDIATELY PURSUANT TO SECTION 167 OF THE CLEAN AIR ACT.

Defendants (1)

• VAN NATTA CORPORATIONNamed in complaint

Facilities (1)

• VAN NATTA CORPORATION

  HALAWA VALLEY ST, AIEA, HI, 96701

  Registry ID: 110010595659

Statutes cited

• CAA 167 — Clean Air Act
• CAA 165 — Prevention of Significant Deterioration (PSD)

Timeline (5 milestones)

• 1984-08-01Enforcement Action Data Entered
• 1984-08-23Referred To Dept Of Justice
• 1984-09-26Complaint Filed With Court
• 1986-06-10Concluded
• 1986-06-10Enforcement Action Closed