EPA v. TANNER COMPANIES-III

Case summary

THIS LIGTIGATION 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 BY THE EPA OR WHEN SPECIFICALLY DIRECT- ED BY THE EPA. 42 U.S.C. 7414. TANNER IS LOCATED IN PHOENIX, ARIZONA. TANNER OWNS AND OPERATES AN ASPHALT CONCRETE PLANT IDENTIFIED BY TANNER AS # 12-400, MANUFACTURER'S SERIAL NO. 80-079. TANNER HAS OPERATED THIS PLANT IN VARIOUS LOCATIONS IN ARIZONA. IT IS CURRENTLY LOCATED IN PHOENIX. THIS FACILITY IS SUBJECT TO NSPS FOR SUCH PLANTS. INSPECTORS FOR STATE AND LOCAL AGEN- CIES HAVE DOCUMENTED SEVERAL 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. ON 07/19/85, EPA REGION IX SENT TANNER A SECTION 114 DIRECTIVE REQUIRING TANNER TO TELL EPA THE CONSTRUCTION DATE OF THIS FACILITY AND TO PERFORM A SOURCE TEST ON THIS FACILITY. TANNER'S RESPONSE, INCLUDING THE RESULTS OF THE SOURCE TEST, WAS TO BE POSTMARKED NO LATER THAN 08/23/85. FROM 07/31/85 TO 08/28/85 TANNER HAD A SERIES OF SOURCE TESTS CONDUCTED AT THIS FACILITY. EPA DID NOT RECEIVE THE RESULTS OF THESE TESTS UNTIL 09/30/85. BECAUSE TANNER FAILED TO FOLLOW THE INSTRUCTIONS EXPLICITLY SET FORTH IN THE 07/19/85 DIRECTIVE, EPA REJECTED THE RESULTS OF THESE TESTS. AS OF 12/20/85, TANNER HAS FAILED TO COMPLY WITH THE 07/19/85 DIRECTIVE. A WINTER SHUT DOWN MAY ENSURE NONCOMPLI- ANCE UNTIL AT LEAST FEBRUARY OR MARCH, 1986. ON 09/11/85, EPA ISSUED A FINDING OF VIOLATION AND AN ORDER FOR TANNER ON THIS FACILITY. THE FINDING OF VIOLATION WAS ISSUED FOR VISIBLE AND PARTICULATE EMISSIONS IN EXCESS OF NSPS AND FAILURE TO PROPERLY MAINTAIN THE EMISSIONS CONTROL EQUIPMENT ON THE FACILITY. THE ORDER REQUIRED TANNER TO COMPLY WITH NSPS OPACITY AND PARTICULATE STANDARDS, AND TO PERFORM A SOURCE TEST. TANNER HAS YET TO COMPLY WITH THIS ORDER. 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 POST- MARKED NO LATER THAN 12/03/85. TANNER HAS YET TO RESPOND TO THIS DIRECTIVE.

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-IIIentered 1988-09-22

  Primary law: CAA

  Federal penalty: $20,138

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
• 1988-09-22Enforcement Action Closed