EPA v. AFG INDUSTRIES, INC.

Case summary

AFG OWNS AND OPERATES A FLOAT GLASS FURNACE AT ITS GLASS MANUFACTURING PLANT IN VICTORVILLE, CALIFORNIA. PURSUANT TO THE PSD PERMIT UNDER WHICH THE FURNACE OF 10.5 POUNDS PER HOUR (3-HOUR AVERAGE) FROM THE FURNACE EXHAUST STACK. IN THE FIRST QUARTER OF 1988, AFG HAD 917 HOURS OF SO2 EMISSIONS IN EXCESS OF THE PERMIT LIMIT. REGION IX'S INVESTIGATION INDICATES THAT THE EXCESS EMISSIONS WERE CAUSED BY OPERATION AND MAINTENANCE PROBLEMS AND THAT AFG'S PERFORMANCE HAS IMPROVED IN RECENT QUARTERS. BECAUSE REGION IX DOES NOT BELIEVE THAT A MAJOR CAPITAL EXPENDITURE WILL BE REQURED TO MAINTAIN COMPLIANCE IN THE FUTURE, REGION IX PLANS TO RESOLVE THIS CASE VIA CONSENT DECREE THAT WILL CALL FOR A PENALTY IN THE RANGE OF $10,000 - 16,000 FOR AFG TO IMPROVE OPERATIONS AND MAINTEN- ANCE PRACTICES, AND FOR STIPULATED PENALTIES FOR FUTURE VIOLATIONS OF THE SO2 LIMIT.

Defendants (1)

• AFG INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (2)

• AFG INDUSTRIES INCORPORATED VICTORVILLE PLANT

  17300 SILICA DR., VICTORVILLE, CA, 92392

  Registry ID: 110017397397

• AFG INDUSTRIES INCORPORATED VICTORVILLE PLANT

  17300 SILICA DR., VICTORVILLE, CA, 92392

  Registry ID: 110017397397

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• AFG INDUSTRIES, INC.entered 1993-12-02

  Primary law: CAA

  Federal penalty: $74,000

Timeline (8 milestones)

• 1988-09-30Enforcement Action Data Entered
• 1988-09-30PRN Sent
• 1992-06-29Referred To Dept Of Justice
• 1993-09-15Complaint Filed With Court
• 1993-12-02Final Order Lodged
• 1993-12-02Final Order Entered
• 1993-12-02Concluded
• 1994-11-01Enforcement Action Closed