EPA v. TANNER COMPANIES-II

Case summary

THIS LITIGATION REPORT PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO SECTION 113(B) OF THE CAA (THE ACT ), 42 U.S.C. 7413(B),AGAINST THE TANNER COS. FOR VIOL OF SECTS 111 & 114 OF CAA. THIS FACILITY IS LISTED AS SIGNIF VIOL IN CDS. SECT 111(E) PROHIBITS THE OPERATION OF ANY SOURCE OF AIR POLLUTION IN VIOLATION OF ANY NEW SOURCE PERFORMANCE STAND- ARD ( NSPS ) PROMULGATED PURSUANT TO SECTION 111, 42 U.S.C. 7411. SECTION 114 REQUIRES ANY PERSON TO SAMPLE POLLUTION EMISSIONS WHEN EITHER REQUIRED UNDER REGULATIONS PROMULGATED BY THE EPA OR WHEN SPECIFICALLY DIRECTED BY THE EPA. 42 U.S. C. 7414. TANNER IS LOCATED IN PHOENIX, AZ. TANNER OWNS AND OPER- ATES AN ASPHALT CONCRETE PLANT IDENTIFIED BY TANNER AS #12- 140, MANUFACTURER'S SERIAL NO. 430. TANNER HAS OPERATED THIS PLANT IN VARIOUS LOCATIONS IN ARIZONA. IT IS CURRENTLY LOCATED IN WIKIEUP. THIS FACILITY IS SUBJECT TO NSPS FOR SUCH PLANTS. INSPECTORS FOR STATE AND LOCAL AGENCIES HAVE DOCUMENTED 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 FACITLITY. ON 11/14/85, EPA SENT A SECTION 114 DIRECTIVE TO TANNER REQUIRING 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 AND FAILURE TO PROPERLY MAINTAIN THE EMISSIONS CON- TROL EQUIPMENT ON THE FACILITY. NSPS REQUIRES THAT EMISSIONS NOT EXCEED 20% OPACITY AND OR CONTAIN GREATER THAN 0.04 GRAINS PER DRY STANDARD CUBIC FOOT. THE ORDER REQUIRED TANNER TO COMPLY WITH NSPS OPACITY AND PARTICULATE STANDARDS MONITOR AND RECORD OPERATING CONDITIONS, SUBMIT TO EPA A SOURCE TEST PLAN, 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 COMPANIES-IIentered 1988-09-22

  Primary law: CAA

  Federal penalty: $32,253

Timeline (7 milestones)

• 1985-12-31Referred To Dept Of Justice
• 1986-06-26Referred TO U.S. Attorney
• 1986-06-30Complaint Filed With Court
• 1988-09-22Concluded
• 1988-09-22Final Order Lodged
• 1988-09-22Final Order Entered
• 1988-09-22Enforcement Action Closed