EPA v. TANNER COMPANIES-I

Case summary

THIS LITIGATION REPORT PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT (THE ACT ), 42 U.S.C. 7413(B), AGAINST THE TANNER COMPANIES, INC FOR VIOLATIONS OF SECTIONS 111 AND 114 OF THE ACT. SECTION 111(E) PROHIBITS THE OPERATION OF ANY SOURCE OF AIR POLLU- TION IN VIOLATION OF ANY NEW SOURCE PERFORMANCE STANDARD ( NSPS ) PROMULGATED PURSUANT TO SECTION 111, 42 U.S.C. 7411. TANNER HAS BEEN LISTED IN CDS AS A SIGNIFICANT VIO- LATION. SECT 114 REQUIRES ANY PERSON TO SAMPLE POLLUTION EMISSIONS WHEN EITHER REQUIRED UNDER REGS PROMULGATED BY EPA OR WHEN DIRECTED BY EPA. 42 U.S.C. 7414. TANNER HAS BEEN LISTED IN THE CDS AS A SIGNIFICANT VIOLATOR. TANNER IS LOCATED IN PHOENIX, AZ. TANNER OWNS AND OPERATES AN ASPHALT CONCRETE PLANT IDENTIFIED BY TANNER AS #12-139, MANUFACTURER'S SERIAL NO. 518. TANNER HAS OPERATED THIS PLANT IN VARIOUS LOCATION IN AZ AND IS CURRENTLY LOCAT- ED IN PHOENIX. THIS FACILITY IS SUBJECT TO NSPS FOR SUCH PLANTS. INSPECTORS FOR STATE AND LOCAL AGENCIES HAVE DOCU- MENTED NUMEROUS VIOLATIONS OF THE APPLICABLE VISIBLE EMISSIONS STANDARD. SEVERAL TESTS PERFORMED BY INDEPENDENT CONTRACTORS HAVE ESTABLISHED VIOLATIONS OF THE APPLICABLE PARTICULATE EMISSIONS STANDARD AT THIS FACILITY. EPA REGION IX ISSUED A SECTION 114 DIRECTIVE TO TANNER DATED 07/19/85, REQUIRING TANNER TO PERFORM A SOURCE TEST ON THIS FACILITY. THIS DIRECTIVE WAS RECEIVED BY TANNER ON 07/24/85, AND TANNER'S RESPONSE, INCLUDING THE RESULTS OF THE SOURCE TEST, WAS TO BE POSTMARKED BY NO LATER THAN 08/23/85. AS OF 12/23/85, TANNER HAS FAILED TO COMPLY WITH THIS SECTION 114 DIRECTIVE AND IT APPEARS THAT A WINTER SHUT DOWN MAY ENSURE THE COMPANY'S NONCOMPLIANCE UNTIL AT LEAST FEBRUARY OR MARCH, 1986. ON 09/11/85, EPA ISSUED A NOTICE OF VIOLATION TO TANNER FOR THIS FACILITY FOR VIOLATIONS OF THE ARIZONA STATE IMPLE- MENTATION PLAN (SIP) OPACITY STANDARDS, WHICH LIMITS EMISSIONS TO AN OPACITY OF 40%. AT THAT TIME EPA WAS UNAWARE THAT THIS FACILITY WAS COVERED BY NSPS. ON 10/28/85 A SECTION 113 CONFERENCE WAS HELD WITH TANNER. ON 11/14/85, EPA SENT A SECTION 114 LETTER TO TANNER DIRECTING TANNER TO TELL EPA WHETHER TANNER HAD PERFORMED AN INITIAL STARTUP SOURCE TEST AS REQUIRED BY 40 C.F.R. 60.8. TANNER'S RESPONSE TO THIS DIRECTIVE WAS TO BE POSTMARKED NO LATER THAN 12/03/85. AS OF 12/23/85 TANNER HAS FAILED TO RESPOND TO THIS DIRECTIVE. ON 11/18/85 EPA ISSUED A FINDING OF VIOLATION AND AN ORDER TO TANNER FOR THIS FACILITY. THE FINDING OF VIOLATION WAS ISSUED FOR VISIBLE AND PARTICULATE EMISSIONS IN EXCESS OF NSPS, FAILURE TO PROVIDE EPA WITH THE TEST RESULTS AS RE- QUIRED BY THE 07/19/85 DIRECTIVE, AND FAILURE TO PROPERLY MAINTAIN THE EMISSIONS CONTROL EQUIPMENT ON THE FACILITY. THE ORDER REQUIRED TANNER TO COMPLY WITH NSPS OPACITY AND PARTICULATE STANDARDS, MONITOR AND RECORD OPERATING CONDI- TIONS, PERFORM A SOURCE TEST AND SUBMIT THE RESULTS TO EPA, AND GIVE EPA NOTICE OF RELOCATIONS OF THE FACILITY. TANNER HAS YET TO COMPLY WITH THIS ORDER.

Defendants (1)

• TANNER COMPANIES, INC., THENamed in complaintNamed in settlement

Facilities (1)

• TANNER COMPANIES THE

  PO BOX 20128, PHOENIX, AZ, 85036

  Registry ID: 110008255011

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• TANNER COMPANIESentered 1988-09-22

  Primary law: CAA

  Federal penalty: $30,450

Timeline (7 milestones)

• 1985-12-31Referred To Dept Of Justice
• 1986-06-25Referred TO U.S. Attorney
• 1986-06-30Complaint Filed With Court
• 1988-09-22Final Order Lodged
• 1988-09-22Final Order Entered
• 1988-09-22Concluded
• 1988-12-14Enforcement Action Closed