UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


REGION IX 


75 Hawthorne Street 


San Francisco, CA 94105·3901 


DEC 

CERTIFIED MAIL RETURN RECIEPT: 

7000 0520 0021 6108 1698 

IN REPLY: AIR-5 

REFER TO Docket No. CAA-09-2008-0041 

William H. Lohman 

President 

Continental Fiberglass, Inc. 

17031 Muskrat Avenue 

Adelanto, CA 92307 

Re: In re Continental Fiberglass, Inc. 

Dear Mr. Lohmann: 

Enclosed is a copy of the Consent Agreement and Final Order filed pursuant to section 113( d) of 

the Clean Air Act, 42 U.S.C. §§ 7401-7671q. 

If you wish to discuss this CAPO, you may contact Kingsley Adeduro of Region 9's Air 

Enforcement Office at (415) 947-4182. Thank you for your cooperation in this matter. 

Sincerely, 

J/;~~ 

/"'D:~ahJOrdan Director, Air Division 

Enclosure 

cc wi enclosure: John Rantz, Benton & Associates 

Charles L. Fryxell 

Jame's Ryden, CARB 

Printed on Recycled Paper 

NANCY J. MARVEL 

Regional Counsel H. NM i • 9' Lvr:'~. 

KARA CHRISTENSON I." •

.. ~~l\G CLER:-\ Senior Counsel 

U. S. Environmental Protection Agency 

Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

(415) 972-3881 

UNITED STATES 


ENVIRONMENTAL PROTECTION AGENCY 


REGION IX 


75 HAWTHORNE STREET 


SAN FRANCISCO, CALIFORNIA 94105 


INRE: ) DOCKET NO. CAA-09-2008-0041 

) 

CONTINENTAL FIDERGLASS, INC. ) 

Adelanto, California ) CONSENT AGREEMENT AND 

) FINAL ORDER 

RESPONDENT ) 

----------------------------------) 

I. CONSENT AGREEMENT 

Complainant, the Director of the Air Division, United States Environmental Protection Agency 

("EPA"), Region IX, and Respondent, Continental Fiberglass, Inc. ("Continental Fiberglass" or 

"Respondent"), agree to settle this civil administrative action brought under the Clean Air Act (the "Act") 

and consent to the entry of this Consent Agreement and Final Order ("CAFO"). 

A. AUTHORITY AND PARTIES 

1. Complainant initiated this civil administrative proceeding for the assessment of a civil 

administrative penalty under section 113(d) of the Act, as amended, 42 U.S.c. § 7413(d), and the 

Consent Agreement and Final Order 

Continental Fiberglass, Inc. 
Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 C.F.R. 

Part 22 by issuing a Complaint and Notice of Opportunity for Hearing ("the Complaint") against 

Respondent on September 29,2008. 

2. The Complaint alleges that Respondent violated the Act's provisions regarding the emissions of 

hazardous air pollutants ("HAPs"), specifically, the requirements set forth at section 112 of the Act, 42 

U.S.c. §7412, and EPA's National Emission Standards for Hazardous Air Pollutants ("NESHAP") for 

Reinforced Plastic Composites Production, 40 c.F.R. Part 63, Subpart WWWW, §§ 63.5780-63.5935. 68 

Fed. Reg. 19375. The Complaint also alleges that Respondent violated the Act's provisions regarding 

Title V of the Act, which requires major stationary sources of air pollution to obtain an operating permit 

that includes emissions limitations and such other conditions as necessary to assure compliance with 

applicable requirements of the Act, 42 U.S.c. §§ 7661a-766lf, and EPA's implementing regulations for 

Title V at 40 C.F.R. Part 70. 

3. Complainant and Respondent have agreed to resolve this civil administrative proceeding arising 

under the Act by executing this CAFO. 

B. RESPONDENT'S ADMISSIONS 

4. In accordance with 40 C.F.R. § 22.18(b )(2) and for the purpose of this proceeding, Respondent (i) 

admits that EPA has jurisdiction over the subject matter of this CAFO and over Respondent; (ii) neither 

admits nor denies the specific factual allegations and the other allegations contained in the Complaint; (iii) 

consents to any and all conditions specified in this CAFO, including the assessment of the civil 

administrative penalty under Section I.C of this CAFO; (iv) waives any right to contest the allegations 

contained in this CAFO; and (v) waives the right to appeal the proposed final order contained in this 

CAFO. 

Consent Agreement and Final Order 2

Continental Fiberglass, Inc. 
C. CIVIL ADMINISTRATIVE PENALTY 


5. Respondent hereby consents to the assessment of a ci viI penalty in the amount of TWELVE 

THOUSAND DOLLARS ($12,000), plus interest, within the deadlines specified in Appendix A of this 

CAFO. Respondent shall pay this penalty in four equal quarterly installments of $3,056.46 according to 

the terms of this CAFO and Appendix A. Each payment shall be made by cashier's or certified check 

payable to the "Treasurer, United States of America," and shall be sent by certified mail, return receipt 

requested, to the following address: 

U.S. Environmental Protection Agency 

Fines and Penalties 

Cincinnati Finance Center 

P.O. Box 979077 


Saint Louis, MO 63197-9000 


Each payment shall be accompanied by a transmittal letter identifying the case name, the case docket 

number, and this CAFO. Concurrent with delivery of each payment, Respondent shall send a copy of the 

check and transmittal letter to the following addresses: 

Regional Hearing Clerk 


Office of Regional Counsel (ORC-1) 


U.S. Environmental Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

Kingsley Adeduro 


Air Division (AIR-5) 


U.S. Environmental Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

Kara Christenson 


Office of Regional Counsel (ORC-2) 


U.S. Environmental Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

Consent Agreement and Final Order 

Continental Fiberglass, Inc. 

3 
Payment of the civil administrative penalty shall not be used by Respondent or any other person as a tax 

deduction from Respondent's federal, state, or local taxes. 

6. IfRespondent fails to timely pay any portion of the penalty within the deadlines specified in 

Appendix A of this CAFO, then the entire remaining balance of the penalty shall become immediately due 

and Respondent shall immediately pay to EPA the entire remaining balance of the penalty. In addition, 

failure to pay the civil administrative penalty within the deadlines specified in Appendix A of this CAFO 

may lead to any or all of the following actions: 

a. The debt being referred to a credit reporting agency, a collection agency, or to the 

Department of Justice f()r filing of a collection action in the appropriate United States District Court. 40 

c.F.R. §§ 13.13, 13.14, and 13.33. In any such collection action, the validity, amount, and appropriateness 

of the assessed penalty and of this CAFO shall not be subject to review. 

b. The debt being collected by administrative offset (i.e., the withholding of money payable 

by the United States to, or held by the United States for, a person to satisfy the debt the person owes the 

Government), which includes, but is not limited to, referral to the Internal Revenue Service for offset 

against income tax refunds. 40 c.F.R. Part 13, Subparts C and H. 

c. EPA may (i) suspend or revoke Respondent's licenses or other privileges; or (ii) suspend 

or disqualify Respondent from doing business with EPA or engaging in programs EPA sponsors or funds. 

40 C.F.R. § 13.17. 

d. In accordance with the Debt Collection Act of 1982 and 40 C.F.R. Part 13, interest, 

penalties charges, and administrative costs will be assessed against the outstanding amount that 

Respondent owes to EPA for Respondent's failure to pay the civil administrative penalty as specified in 

paragraph 5. Interest will be assessed at an annual rate that is equal to the rate of current value of funds to 

the United States Treasury (i.e., the Treasury tax and loan account rate) as prescribed and published by the 

Consent Agreement and Final Order 4 

Continental Fiberglass, Inc. 
Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. 

40 c.F.R. § 13.11 (a)( 1). Penalty charges will be assessed monthly at a rate of 6% per annum. 40 c.F.R. § 

13.11(c). Administrative costs for handling and collecting Respondent's overdue debt will be based on 

either actual or average cost incurred, and will include both direct and indirect costs. 40 C.F.R. § 13.11(b). 

In addition, if this matter is referred to another department or agency (e.g., the Department of Justice, the 

Internal Revenue Service), that department or agency may assess its own administrative costs, in addition 

to EPA's administrative costs, for handling and collecting Respondent's overdue debt. 

D. ENFORCEMENT RESONSE 

7. This CAFO constitutes an "enforcement response" as that term is used in EPA's Clean Air Act 

Stationary Source Civil Penalty Policy for the purposes of determining Respondent's "full compliance 

history" as provided in section 113(e) of the Act, 42 U.S.c. § 7413(e). 

E. RETENTION OF RIGHTS 

8. In accordance with 40 c.F.R. § 22.18( c), this CAFO only resolves Respondent's liability for 

federal civil penalties for the violations and facts specifically alleged in the Complaint. Nothing in this 

CAFO is intended to or shall be construed to resolve (i) any civil liability for violations of any provision of 

any federal, state, or local law, statute, regulation, rule, ordinance, or permit not specifically alleged in the 

Complaint or (ii) any criminal liability. EPA specifically reserves any and all authorities, rights, and 

remedies available (including, but not limited to, injunctive or other equitable relief or criminal sanctions) 

to address any violation of this CAFO or any violation not specifically alleged in the Complaint. 

9. This CAFO does not exempt, relieve, modify, or affect in any way Respondent's duty to comply 

with all applicable federal, state, and local laws, regulations, rules, ordinances, and permits. 

H. ATTORNEYS' FEES AND COSTS 

10. Each party shall bear its· own attorneys' fees, costs, and disbursements incurred in this proceeding. 

Consent Agreement and Final Order 5 

Continental Fiberglass, Inc. 
I. EFFECTIVE DATE 


11. In accordance with 40 C.F .R. § § 22.18(b )(3) and 22.31 (b), this CAPO shall be effective on the 

date that the final order contained in this CAPO, having been approved and issued by either the Regional 

Judicial Officer or Regional Administrator, is filed. 

J. BINDING EFFECT 

12. The undersigned representative of Complainant and the undersigned representative of Respondent 

each certifies that he or she is fully authorized to enter into the terms and conditions of this CAPO and to 

bind the party he or she represents to this CAPO. 

13. The provisions of this CAPO shall apply to and be binding upon Respondent and its officers, 

directors, employees, agents, trustees, servants, authorized representatives, successors, and assigns. 

FOR CONTINENTAL FIBERGLASS, INC.: 

DATE 


FOR COMPLAINANT EPA REGION IX: 


DATE 


Deborah Jordan 

Director 

Air Division 

United States Environmental 

Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, California 94105 

Consent Agreement and Final Order 

Continental Fiberglass, Inc. 

6 
APPENDIX A 

INSTALLMENT PAYMENT AND INTER~~1 SCHEDULE 

DOCKET NO. CAA-09-2008~ 

Payments will be 4 equal installments of $3056.46, per the following schedule: 

1sl installment of $3056.46, postmarked no later than January 15,2009 

2nd installment of $3056.46, postmarked no later than April 15, 2009 

3

rd installment of $3056.46, postmarked no later than July 15,2009 

4th installment of $3056.46, postmarked no later than October 15, 2009 

Total Repaid: $12225.84 

Total Interest Paid: $225.84 

Payment Principal Interest Cumulative 

Principal 

Cumulative 

Interest 

Principal 

Balance 

1 $2966.46 $90.00 $2966.46 $90.00 $9033.54 

2 $2988.71 $67.75 $5955.17 $157.75 $6044.83 

3 $3011.12 $45.34 $8966.29 $203.09 $3033.71 

4 $3033.71 $22.75 $12000.00 $225.84 $0.00 

TOTALS $12000.00 $225.84 

Consent Agreement and Final Order 7

Continental Fiberglass, Inc. 
II. FINAL ORDER 

EPA Region IX and Continental Fiberglass, Inc., having entered into the foregoing Consent 

Agreement, 

IT IS HEREBY ORDERED that this CAFO (Docket No. CAA-09-2008-0041 be entered, and 

Respondent Continental Fiberglass, Inc., shall pay a civil administrative penalty in the amount of $12,000, 

plus interest, in accordance with the terms set forth in the CAFO. 

DATE STEVEN JA WGIEL 

Regional Judicial Offi 

United States Environmental 

Protection Agency, Region IX 

Consent Agreement and Final Order 

Continental Fiberglass, Inc. 

8 
CERTIFICATE OF SERVICE 

I hereby certify that on 'J(.J.- / 6i? the original copy of the foregoing CONSENT 

7 

AGREEMENT AND FINAL ORDER was filed with the Regional Hearing Clerk, Region IX and 

that a copy was sent via U.S. Mail to: 

William H. Lohman 

President 

Continental Fiberglass, Inc. 

17031 Muskrat Avenue 

Adelanto, CA 92307 

John Rantz 

Benton & Associates 

4630 50th Street, Suite 614 

Lubbock, TX 79414 

Date: I c2 / d-- / 

'I 

() g' (_~IL~ l-. {!0tJV-., 

"-I?a'nielle Carr 

Office of Regional Counsel 

U.S. EPA, Region IX 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


REGION IX 


75 Hawthorne Street 


San Francisco, CA 94105·3901 


CERTIFIED MAIL RETURN RECIEPT: 

7000 0520 0021 6108 1698 

IN REPLY: AIR-5 

REFER TO Docket No. CAA-09-2008-0041 

William H. Lohman 

President 

Continental Fiberglass, Inc. 

17031 Muskrat Avenue 

Adelanto, CA 92307 

Re: In re Continental Fiberglass, Inc. 

Dear Mr. Lohmann: 

Enclosed is a copy of the Consent Agreement and Final Order filed pursuant to section 113( d) of 

the Clean Air Act, 42 U.S.c. §§ 7401-7671q. 

If you wish to discuss this CAFO, you may contact Kingsley Adeduro of Region 9's Air 

Enforcement Office at (415) 947-4182. Thank you for your cooperation in this matter. 

Sincerely, 

/i:!f~ Director, Air Division 

Enclosure 

cc wi enclosure: John Rantz, Benton & Associates 

Charles L. Fryxell 

J ames Ryden, CARB 

Printed on Recycled Paper