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 REFERTO Docket No. CAA-09-2008-0041

WilliamH. Lohman President Continental Fiberglass, Inc. 17031 Muskrat Avenue Adelanto, CA 92307 Re: In re Continental Fiberglass, Inc. DearMr. Lohmann: Enclosed is a copy ofthe Consent Agreement and Final Order filed pursuant to section 113(d) of the Clean AirAct, 42 U.S.C. §§ 7401-7671q. Ifyou wish to discuss this CAPO, you may contact Kingsley Adeduro ofRegion 9's Air Enforcement Office at (415) 947-4182. Thankyou for your cooperation in this matter. Sincerely,

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# D:~ahJOrdan Director, AirDivision

Enclosure
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j j j j j j j j j j j j j j jNANCY J. MARVEL Regional Counsel H. i • Lv NM 

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### CLER:-\ SeniorCounsel U. S. Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, CA 94105 (415) 972-3881
UNITED STATES ENVIRONMENTALPROTECTION AGENCY REGION IX 75 HAWTHORNE STREET SAN FRANCISCO, CALIFORNIA 94105

INRE: ) DOCKET NO. CAA-09-2008-0041 ) CONTINENTALFIDERGLASS, INC. ) Adelanto, California ) CONSENT AGREEMENT AND ) FINAL ORDER RESPONDENT ) 

### ----------------------------------) I. CONSENTAGREEMENT Complainant, the Directorofthe AirDivision, United States Environmental Protection Agency ("EPA"), Region IX, and Respondent, Continental Fiberglass, Inc. ("Continental Fiberglass" or "Respondent"), agree to settle this civil administrative action broughtunderthe Clean AirAct (the "Act") and consent to the entry ofthis Consent Agreement and Final Order ("CAFO"). A. AUTHORITY AND PARTIES 1. Complainantinitiated this civil administrative proceeding for the assessment ofa civil administrative penalty under section 113(d) ofthe Act, as amended, 42 U.S.c. § 7413(d), and the

Consent Agreement and Final Order Continental Fiberglass, Inc.Consolidated Rules ofPractice Governing the Administrative Assessment ofCivil Penalties, 40 C.F.R. Part 22 by issuing a Complaint and Notice ofOpportunity for Hearing ("the Complaint") against Respondent on September 29,2008. 2. The Complaint alleges that Respondent violated the Act'sprovisions regarding the emissions of hazardous airpollutants ("HAPs"), specifically, the requirements setforth at section 112 ofthe Act, 42 U.S.c. §7412, and EPA's National Emission Standards for Hazardous AirPollutants ("NESHAP") for Reinforced Plastic Composites Production, 40 c.F.R. Part 63, SubpartWWWW, §§ 63.5780-63.5935. 68 Fed. Reg. 19375. The Complaint also alleges that Respondent violated the Act's provisions regarding TitleV oftheAct, which requires major stationary sources ofair pollution to obtain an operating permit thatincludes emissions limitations and such otherconditions as necessary to assure compliance with applicable requirements ofthe Act, 42 U.S.c. §§ 7661a-766lf, and EPA's implementing regulations for Title V at 40 C.F.R. Part70. 3. Complainant and Respondent have agreed to resolve this civil administrative proceeding arising underthe Actby executing this CAFO. B. RESPONDENT'S ADMISSIONS 4. In accordance with 40 C.F.R. § 22.18(b)(2) andfor the purpose ofthis proceeding, Respondent (i) admits that EPAhasjurisdiction overthe subject matter ofthis CAFO and overRespondent; (ii) neither admits nordenies 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 ofthe civil administrative penalty under Section I.C ofthis 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.

2 Consent Agreement and Final Order Continental Fiberglass, Inc.C. CIVIL ADMINISTRATIVE PENALTY 5. Respondent hereby consents to the assessment ofa civiI penalty in the amount ofTWELVE THOUSAND DOLLARS ($12,000), plus interest, within the deadlines specified in Appendix A ofthis CAFO. Respondent shall pay this penalty in four equal quarterly installments of$3,056.46 according to the terms ofthis CAFO and Appendix A. Each payment shall be made by cashier's or certified check payable to the "Treasurer, United States ofAmerica," 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 SaintLouis, MO 63197-9000 Each payment shall be accompanied by a transmittal letteridentifying the case name, the case docket number, and this CAFO. Concurrent with delivery ofeach payment, Respondent shall send a copy ofthe check and transmittal letter to the following addresses: Regional Hearing Clerk Office ofRegional Counsel (ORC-1) U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105 Kingsley Adeduro AirDivision (AIR-5) U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105 Kara Christenson Office ofRegional 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. 3Payment ofthe 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 ofthe penalty within the deadlines specified in Appendix A ofthis CAFO, then the entire remaining balance ofthe penalty shall become immediately due and Respondent shall immediately pay to EPA the entire remaining balance ofthe penalty. In addition, failure to pay the civil administrative penalty within the deadlines specified in Appendix A ofthis CAFO may lead to any or all ofthe following actions:
a. The debt being referred to a creditreporting agency, a collection agency, orto the Department ofJustice f()r filing ofa 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 ofthe assessed penalty and ofthis CAFO shallnotbe subjectto review. b. The debt being collectedby administrative offset (i.e., the withholding ofmoney payable by the United States to, orheld 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 

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c. EPA may (i) suspend orrevoke Respondent's licenses or otherprivileges; or (ii) suspend
ordisqualify Respondentfrom doing business with EPA or engaging in programs EPA sponsors or funds. 40 C.F.R. § 13.17. d. In accordance with the DebtCollection Act of 1982 and 40 C.F.R. Part 13, interest, penalties charges, and administrative costs will be assessed againstthe 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 thatis equal to the rate ofcurrent value offunds to the United States Treasury (i.e., the Treasury tax and loan account rate) as prescribed and published by the

ConsentAgreement and Final Order 4 Continental Fiberglass, Inc.Secretary ofthe 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 of6% 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 oraverage cost incurred, and will include both direct and indirect costs. 40 C.F.R. § 13.11(b). In addition, ifthis matter is referred to another department or agency (e.g., the Department ofJustice, 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 "enforcementresponse" as that term is used in EPA's Clean Air Act Stationary Source Civil Penalty Policy for the purposes ofdetermining Respondent's "full compliance history" as providedin section 113(e) ofthe Act, 42 U.S.c. § 7413(e). E. RETENTION OF RIGHTS 8. Inaccordance 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 ofany provision of any federal, state, orlocal law, statute, regulation, rule, ordinance, orpermit not specifically alleged in the Complaint or (ii) any criminal liability. EPA specificallyreserves any and all authorities, rights, and remedies available (including, butnot limited to, injunctive or other equitable reliefor criminal sanctions) to address any violation ofthis 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 bearits·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 thisCAPO, havingbeen approved and issued byeither the Regional Judicial Officer orRegional Administrator, is filed. J. BINDING EFFECT 12. The undersigned representative ofComplainant and the undersigned representative ofRespondent each certifies that he or she is fully authorized to enter into the terms and conditions ofthis CAPO and to bindthepartyhe or she represents to this CAPO. 13. The provisions ofthis CAPO shall apply to andbebindingupon Respondent and its officers, directors, employees, agents, trustees, servants, authorized representatives, successors, and assigns.

FOR CONTINENTAL FIBERGLASS, INC.:

DATE

FORCOMPLAINANT EPAREGION IX:

DATE Deborah Jordan Director AirDivision United States Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, California 94105

Consent Agreement and Final Order Continental Fiberglass, Inc. 6APPENDIX A INSTALLMENT PAYMENT AND**INTER~~1** SCHEDULE DOCKETNO.**CAA-09-2008~** Payments will be 4 equal installments of$3056.46, perthe following schedule:
1slinstallment of$3056.46, postmarked no later than January 15,2009 2nd installment of$3056.46, postmarked no later than April 15, 2009 3rd installment of$3056.46, postmarked no laterthan July 15,2009 4th installment of$3056.46, postmarked no laterthan 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

7 Consent Agreement and Final Order 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 STEVENJA WGIEL Regional Judicial Offi United States Environmental Protection Agency, Region IX

Consent Agreement and Final Order Continental Fiberglass, Inc. 8

### CERTIFICATE OF SERVICE


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# 'J(.J.-/ 6i? the original copy ofthe 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

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# (_~IL~ l-. {!0tJV-., "-I?a'nielle Carr Office of Regional Counsel U.S. EPA, Region IXUNITED 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 TODocket No. CAA-09-2008-0041

William H. Lohman President Continental Fiberglass, Inc. 17031 Muskrat Avenue Adelanto, CA 92307 Re: In re Continental Fiberglass, Inc. DearMr. Lohmann: Enclosed is a copy ofthe Consent Agreement and Final Order filed pursuant to section 113(d) of the Clean Air Act, 42 U.S.c. §§ 7401-7671q. Ifyou wish to discuss this CAFO, you may contact Kingsley Adeduro ofRegion 9's Air Enforcement Office at (415) 947-4182. Thankyou for yourcooperation in this matter. Sincerely,

# /i:!f~ Director, Air Division

Enclosure
cc 

### wi enclosure: John Rantz, Benton & Associates Charles L. Fryxell James Ryden, CARB

Printed on Recycled Paper