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Home My WebLink AboutLegal Notice - 11 BAYFIELD DRIVE 6/16/2004 J�.tEO srgr�s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 1 q 1 CONGRESS STREET, SUITE 1100 � A�PaoSEO�`os BOSTON, MASSACHUSETTS 0h2114-2023 �r v v m June 16, 2004 CERTIFIED MAIL ' " �a RETURN RECEIPT REQUESTED' Michael Farrow, Chief Executive Officer Material Installations, Inc. 11 Bayfield Drive - North Andover, Massachusetts 01845 " Re: Clean Air Act Notice of Violation Docket No. CAA-04-0033 Dear Mr. Farrow: Attached is a Notice of Violation ("NOV")issued by the United States Environmental Protection Agency("EPA")to Material Installations, Inc. under Section 113 of the Clean Air Act ("CAA" or"Act"), 42 U.S.C. §§ 7413. The NOV notifies you that by allowing delivery trucks to idle at its loading dock area, Material Installations has violated Section 7.11(1)(b) of Title 310 of the Code of Massachusetts Regulations, which prohibits the idling of a motor vehicle for a duration greater than five (5) minutes, except under special circumstances. As described in the NOV, EPA has evidence of over 1000 minutes of idling in violation of the anti-idling rule. These violations are environmentally significant because diesel exhaust can trigger asthma, respiratory illness, and possibly cancer. You may confer with EPA concerning the violations cited in the NOV. To schedule an NOV conference, please contact Rebecca Kurowski, Environmental Engineer, at (617) 918-1863, or have your attorney contact Thomas T. Olivier, Senior Enforcement Counsel, at (617) 918-1737, within one week of receipt of this NOV. Sincerely, Stephe S. Perkins, Director Office of Environmental Stewardship cc: Ed Pawlowski, MA DEP Northeast Regional Office Richard Mahoney, Material Installations, Inc. Brian J. LaGrasse, Town of North Andover Department of Health, 27 Charles St. 01845 Tall Free®1-888-372-7341 Intemet Address(URL)® http;//www,epa,gov/regiont Recycled/Recyclable®Printed with Vegetable Oil Based Inks on Recycled Paper(Minimum 30%Postconsumer) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I IN THE MATTER OF: ) NOTICE OF VIOLATION Material Installations, Inc. ) Proceeding under Section 113 of the Clean 11 Bayfield Drive ) Air Act North Andover, Massachusetts 01845 ) Docket No. CAA-04-0033 I. STATUTORY AUTHORITY 1. The United States Environmental Protection Agency("EPA") issues this Notice of Violation ("NOV")to Material Installations, Inc. under Section 113(a)(1) of the Clean Air Act (the "Act"),42 U.S.C. § 7413(a)(1). Section 113(a)(1) of the Act provides that whenever, on the basis of any information available, EPA finds that any person has violated or is in violation of any requirement or prohibition of an applicable state implementation plan or permit,EPA shall notify the person of such finding. This NOV describes EPA's finding that Material Installations, Inc. has violated the Act by failing to comply with Section 7.11(1)(b) of Title 310 of the Code of Massachusetts Regulations ("CMR") (hereinafter referred to as the "Massachusetts anti-idling regulation"), which prohibits the idling of a motor vehicle for a duration greater than five (5) minutes, except under special circumstances. 2. The Commonwealth of Massachusetts has adopted an "applicable implementation plan" within the meaning of Section 113(a)(1) of the Act. This plan, commonly known as a state implementation plan ("SIP"), has been approved by EPA under Section 110 of the Act, 42 U.S.C. § 7410. The Massachusetts SIP includes various federally-approved portions of the - 2 - Massachusetts Air Pollution Control Regulations at 310 CMR § 7.00 et seq. 3. The Massachusetts anti-idling regulation, which is part of the Massachusetts SIP, was approved by EPA on May 31, 1972, and thus is federally enforceable. II. FACTUAL BACKGROUND AND VIOLATIONS 4. Material Installations,Inc., located in North Andover, MA, is a distributor of pre- manufactured office furniture. The facility has five truck ports for delivery vehicles. 5. EPA received a January 29, 2004 letter from a citizen concerned about truck idling at the Material Installations facility. 6. On March 8, 2004 and April 2, 2004,EPA visited Material Installations at 11 Bayfield Drive, North Andover, MA. The inspectors were denied entry to the facility on March 8, 2004 and again on April 2, 2004. 7. EPA has received from a concerned citizen nine eight-hour video tapes of trucks idling at Material Installations. The dates of idling shown on the tapes range from August 8, 2003, to March 3, 2004. 8. The video tapes show more than one thousand minutes of illegal truck idling (that is, idling beyond the limit of 5 minute per vehicle, per event). The idling violations of longest duration are shown in the following table: - 3 - Date Time Total Idle Time Non-Compliance Time Vehicle Identity Stamp (minutes) (minutes) Aug 18 ,2003 0641-0714 33 28 Material Installations Oct 03, 2003 0630-0656 26 21 Material Installations Oct 06, 2003 0636-0703 27 22 Material Installations Oct 06, 2003 0638-0704 26 21 Material Installations Oct 08, 2003 0717-0754 38 33 Material Installations Oct 23, 2003 0633-0705 32 27 Material Installations Nov 21, 2003 0714-0751 37 32 Material Installations Nov 26, 2003 0653-0721 28 23 Material Installations Jan 06, 2003 0712-0804 52 47 Material Installations Jan 22, 2004 0731-0808 37 32 Material Installations Jan 28, 2004 1107-1214 67 62 Material Installations Feb 04, 2004 0657-0725 28 23 Material Installations Feb 09, 2004 0736-0822 46 41 Material Installations Feb 12, 2004 0648-0726 38 33 Material Installations Feb 12, 2004 0658-0743 45 40 Material Installations Feb 16, 2004 0648-0805 77 72 Material Installations Feb 19, 2004 0555-0623 28 23 Material Installations Feb 23, 2004 0743-0813 30 25 Material Installations Mar 03,2004 0706-0739 33 28 Material Installations Total 633 4 - 9. The Massachusetts anti-idling regulation prohibits the unnecessary operation of the engine of a motor vehicle while the vehicle is stopped for a foreseeable period of time in excess of five minutes. There are three situations in which this regulation does not apply: (a) when a vehicle is being serviced, provided that the operation of the engine is essential to the proper repair thereof; (b) when a vehicle is engaged in the delivery or acceptance of goods, wares, or merchandise for which engine assisted power is necessary, and substitute alternate means cannot be made available; or(c) when a vehicle is engaged in an operation for which the engine power is necessary for an associated power need other than movement, and substitute alternate power means cannot be made available, provided that such operation does not cause or contribute to a condition of air pollution. 10. The observed idling did not meet any of the above-listed exceptions to the Massachusetts anti-idling regulation. 11. Accordingly, EPA finds that Material Installations violated the Massachusetts anti- idling regulation on numerous occasions between August 8, 2003, and March 3, 2004. III. ENFORCEMENT 12. At any time after the expiration of thirty (30) days following the date of issuance of this NOV, EPA may issue Material Installations an order requiring compliance with the Massachusetts SIP and the Massachusetts anti-idling regulation; commence a civil judicial action for penalties and injunctive relief; and/or issue an administrative penalty order for monetary penalties up to $27,500 per day for each violation until March 15, 2004, and of up to $ 32,500 - 5 - per day for each violation after March 15, 2004. See Sections 113(a), (b) and (d) of the Act, 42 U.S.C. §§ 7413(a), (b) and (d), 40 CFR Part 19, and 69 FR 7121 (February 13, 2004) (Clean Air Act judicial and administrative penalties raised from$25,000 to $27,500 and to $ 32,500). Be advised that where EPA or another agency has notified a source of a violation, in certain circumstances the violation shall be presumed to continue for each and every day from the date of notice until the violator establishes that continuous compliance has been achieved. See Section 113(e)(2) of the Act. 13. The issuance of this NOV does not preclude EPA from electing to pursue any other remedies or sanctions authorized by law to address the violations. IV. OPPORTUNITY TO CONFER 14. You may confer with EPA concerning this NOV and the findings on which it is based. To schedule a conference, or if you have any questions, please contact Rebecca Kurowski, Environmental Engineer, at(617) 918-1863, or have your attorney call Thomas T. Olivier, Senior Enforcement Counsel, at(617) 918-1737 within one week of receipt of this NOV. V. EFFECTIVE DATE 15. This NOV shall become effective immediately upon issuance by EPA. SO ISSUED: J-Z NG 2-oa4- Stephen Perkins, Director Date Office of Environmental Stewardship United States Office of Enforcement and Compliance Assurance (2201 A) Environmental Protection EPA 300-F-99-004 September 1999 ®Nto ff" EPAAgency Office of • and Compliance Assurance INFORMATION SHEET U.S. EPA Small Business Resources 'f you own a small business, the United States Environmental Protection Agency (EPA) offers a variety of compliance assistance and tools to assist you in complying with federal and State environmental laws. These resources can help you understand your environmental obligations, improve compliance and find cost-effective ways to comply through the use of pollution prevention and other innovative technologies. EPA Websites EPA's Small Business Ombudsman Hotline can pro- EPA has several Internet sites that provide useful vide a list of all the hot lines and assist in determining compliance assistance information and materials for the hotline best meeting your needs. Key hotlines small businesses. Many public libraries provide ac- include: cess to the Internet at minimal or no cost. Page htt // EPA's Small Business Ombudsman EPA's Small Business Home Pa g ( p (800) 368-5888 www.epa.gov/sbo) is a good place to start because it links with many other related websites. Other useful Hazardous Waste/Underground Tanks/ websites include: Superfund (800) 424-9346 EPA's Home Page National Response Center http://www.epa.gov (to report oil and hazardous substance spills) (800) 424-8802 Toxics Substances and Asbestos Information Small Business Assistance Programs (202) 554-1404 http://www.epa.gov/ttn/sbap Safe Drinking Water (800) 426-4791 Compliance Assistance Home Page http://www.epa.gov/oeca/oc Stratospheric Ozone and Refrigerants Information Office of Site Remediation Enforcement (800) 296-1996 http://www.epa.gov/oeca/osre Clean Air Technical Center (919) 541-0800 Wetlands Hotline Hotlines, Helplines and (800) 832-7828 Clearinghouses EPA sponsors approximately 89 free hotlines and clearinghouses that provide convenient assistance on environmental requirements. Continued on back Office of Regulatory http://www.epa.gov/oecalore.htmi Recycled/Recyclable i� Printed with Soy/Canola Ink on paper that contains at least 30%post consumer fiber