4. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 5 77 WEST JACKSON BOULEVARD CHICAGO, IL 60604-3590 SEP 3 0 2011

REPLY TO THE ATTENTION OF: 

### CERTIFIED MAIL RETURN 

### RECEIPT REQUESTED Chester R. Babst III Babst Calland Clements Zomnir Two Gateway 

### Center Pittsburgh,Pennsylvania 15222 Re: In the Matter of: Potters Industries, Inc. Docket No. Dear Mr. Babst: Enclosed is a 

### file-stamped ConsentAgreement and Final Order (CAFO) which resolves Potters Industries, Inc. CAA Docket No. CAA-05_2011..0061

- As indicated by the 

### ding stamp 

### on its firstpage, we filed

### the CAF'O 

### withthe 

### Regional Hearing Clerk on 

## rZcp-ai Pursuant to paragraph 35 

### ofthe CAFO, Potters must pay the $20,000.00 c1vil penalty within 30 days 

### ofthe

### datethe CAFO was filed, 

### kk'rr3' 201( and Potters must completethe agreed upon supplemental 

### environmental project as 

### setforth in the CAFO. To complete your wire transfer, please see the 

### payment information for making a wire transfer through EPA's Cincirmati Finance Center 

### at Iitu://www.epa.gov/cfo/iinservices/pavnient instructionshtm. Your wire 

### transfer must display the case name, case 

### docket numberCAAO52O1I-OOóland the billing document number 

### 2751103A060 - Please direct any questions regarding this case to MaryMcAuliffe, 

### Associate Regional Counsel, 312-886-6237. Sincerely, 

# soJt& amt/Yunfr) Brent 

### Marable Air Enforcement and 

### Compliance Assurance Branch, IL/fM Enclosure

cc: Regional Hearing ClerkIE-19J Marcy Toney, Regional 

### Judicial Officer/C-I4J Mary 

### McAuliffe/C- I4J Robert 

### Hodanbosi/Ohio Environmental Protection Agency

RecycledlRecyclable Printed with Vegetable Oil Based Inks on 100% Recycled Paper (50% Postoonsumer)

### UNITED STATES ENVIRONMENTAL 

### PROTECTION AGENCY 

### REGION 5 

### In 

### theMatter of: ) 

### Docket No. CAA-O5-2011-0061 ) 

### Potters Industries, Inc. ) 

### Proceeding to Assess a 

### Civil

### Penalty Cleveland, Ohio 

### Under Section 

### 1l3(çI-uf ) 42 

### U.S.C. § 

### 7413(d)D) Respondent. ) ) 

### SEP 

### 302011 ConsentAgreement 

### andFinal 

### Order REGIONAL. HEARING CLERK U.S. ENVIRONMENTAL 

### Preliminary Statement PROTECTION AGENCY 

### This is an administrative action commenced and 

### concluded under Section 113(d) 

### ofthe CleanAir Act (the Act), 42U.S.C. § 7413(d), and Sections 22.1(a)(2), 22.13(b), and 22.18(b)(2) and (3) 

### ofthe 

### consolidated Rules 

### ofPractice Governingthe Administrative Assessment

### ofcivil Penalties and the 

### RevocationlTermination or Suspension 

### ofPermits 

### (consolidated Rules), as 

### codified at 40 C.F.R. Part 22. 

### Complainant is the

### Director 

### ofthe Air and 

### Radiation Division, U.S. Environmental Protection Agency (EPA), Region 5. 

### Respondent is Potters Industries, Inc., a 

### corporation doingbusiness in Ohio. Where the parties agree to settle one ormore causes 

### ofaction before the filing 

### of

a complaint, the 

### administrative action 

### may be commenced and concluded simultaneously by the issuance 

### ofa consent agreement and final order (CAFO).40 C.F.R. § 22.13(b). The

### parties agreethat settling 

### this action 

### without the filing 

### ofa complaint orthe adjudication 

### ofany issue 

### offact or law is in their interest and in the 

### public interest. 

### Respondent consents to the assessment 

### ofthe civil penalty 

### specifiedin this CAFO and to 

### theterms 

### ofthis CAFO.

### Jurisdiction and Waiver ofRight to 

### Hearing Respondent admits the

### jurisdictional allegations inthis CAFO and neither admits

nor denies the factual 

### allegations in this CAFO. 

### Respondent waives its right to 

### request ahearing 

### asprovided at40 C.F.R.
§ 22.15(c), any

### right to 

### contest the allegations in 

### this CAFO, and its rightto appeal this CAFO. 

### Statutory and 

### Regulatory Background On 

### March 10, 2003, EPA approved the OAC Rule 3745-3 1,

### Permits to Install New Sources 

### ofPollution, as part 

### ofthe 

### federally enforceable SIP for Ohio (68 Fed. Reg. 2909). Under OAC Rule 3745-31-05, the 

### director

### of Ohio EPA shall issue a PTI on the basis 

### ofthe information appearing in the application, or information gathered by or furnished to the Ohio EPA, or both, 

### ifhe determines that the installation or 

### modification and operation 

### ofthe air contaminant source will not

### prevent or interfere with the 

### attainment or

### maintenance 

## ofapplicable ambient air quality standards and not result in a violation 

## ofany applicable laws. On May 27, 1994, 

### EPA approved the Ohio 

### Administrative Code (OAC) ParticulateMatter Standards Rule for 

### Preventing Fugitive Dust, Applicability, 3745-17-08 as part

### ofthe 

### federally enforceable SIP

### for Ohio (59 Fed. Reg. 27464). The 

### Particulate Mailer Standard OAC Rule 

### 3745-17-08(A) for Preventing Fugitive Dust states that the 

### requirements 

### ofparagraph (B) 

### ofthis rule apply to any fugitive 

### dust

source which is located within the areas identified in "Appendix A" 

### ofthis rule and any such
source shall 

### comply with the 

### requirements 

### ofparagraph (B) 

### ofthis rule upon the effective date 

### of June 27, 1994.

2OAC Particulate Matter Standards Rule for 

### PreventingFugitive Dust, Appendix A: Applicability areas, 3745-17-08(AppA) statesthat the entirety 

### ofCuyahoga County, Ohio is

an area 

### ofthe State 

### ofOhio where paragraph (B) 

### ofOAC rule 3745-17-08 is applicable. TheParticulate 

### Matter Standard OAC 

### Rule 3745-17-08(B)for Preventing Fugitive Dust states that no person shall cause or

### permit any fugitive 

### dust source to be operated;

or any 

### materials to behandled, transported, or stored; or a 

### building or its 

### appurtenances or aroad to be used, 

### constructed, altered, repaired, or

### demolished withouttaking or installingreasonably available control measures to 

### prevent fugitivedust from 

### becoming airborne, as 

### appropriate to minimize 

### oreliminate visible

### particulate emissions or fugitive dust. On August 13, 1984, EPA 

### approved the OAC Rule 3745-15-07, 

### Nuisance Provision, as 

### part

### ofthe 

### federallyenforceable SIP 

### for Ohio (49 Fed. Reg. 32182). The 

### Nuisance Provision OAC Rule 3745-15-07(A) states 

### that no 

### person shall cause, permit 

### ormaintainany such public nuisance as the emission or 

### escape into the open air from any source or source 

### ofsmoke, 

### ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors,

or any 

### other substances or 

### combinations 

### ofsubstances, in such a manner 

### or in such 

### amounts as to endangerthe health, safety or welfare 

### ofthe public, 

### or cause unreasonable injury or damage to property, is 

### hereby found anddeclared to be apublic nuisance. The Administrator 

### ofEPA (theAdministrator) may assess a civil 

### penalty ofup to $37,500 

### perday 

### ofviolation up to a total 

### of$295,000 for SIP 

### violations that occurred after January 12, 2009 under Section 1 

### 13(d)(l) 

### ofthe Act, 42 U.S.C. § 

### 7413(d)(l), and 40 C.F.R. Part 19.

3

### Factual Allegations 

### andAlleged 

### Violations Potters owns and operates a glass recycling facility located at 2380 West Third Street, Cleveland, Ohio (the facility) in 

### Cuyahoga County. Potters is a 

### "person," as that term is 

### definedin the OAC Rule 3745-15-01, General Provisions Definitions as part 

### ofthe 

### federally enforceable SIP for Ohio (49 Fed. Reg. 32182). Potters 

### obtained a

### Permit to Install (PTI), Permit number 13-3171, 

### for Unit POlO, Furnace IR, on 

### November 20, 1996 from the Ohio EPA. Prior to 

### August 4, 2011, 

### Potters' PTI 

### required that totalparticulate from 

### Unit POlO must not exceed 1.08 

### pounds/hour (lbs/hr) and 4.73 tons per year (tpy). On

### November 29-30, 2010, in response to

### EPA's October 13, 2010 Information Request, 

### Potters conducted particulatematter (PM) 

### emissions testing at the Cleveland facility for Unit POlO at the inlet and the outlet 

### ofboth the 

### furnace baghouse and the airtransport baghouse associatedwith the unit, and in 

### accordance with 

### Potters' Permit to Install (PT! 13-3171). 

### Potters' PT! 13-3 171 Additional Terms and Conditions (3) requires 

### thatbaghouse BFI-1R (furnacebaghouse) must maintain overall control efficiency 

### of99.5% 

### at all times. On 

### December 27, 2010, Potters performed dye testing on the furnacebaghouse andthe 

### air transportbaghouse that identified 39 

### ofthe 304 bags in need 

### ofbeing replaced. All 39 bags 

### were replacedwith new bags on December 27, 2010. On 

### December 28, 2010, Potters received stack testresults for the 

### November 29- 30, 2010 stack test indicatiflg

### measured PM 

### emissions atthe outlet 

### ofthe furnacebaghouse in

excess 

### ofthe 1.08 lb/hr and 4.73 tons per year emission limits 

### specified in

### Potters' Permit to Install (PTI 13-3 171).

427. Between February 22 and 

### February 24, 2011, Potters 

### replaced all 304 bags in the 

### furnace baghouse as part

### ofits annual maintenance program. After completing the baghouse changeout, on May 19-20, 2011, Potters conducted a stack test demonstrating compliance with the permitted 

### emission limits. EPA alleges that, 

### prior to May 19-20, 2011, 

### Potters failed to 

### demonstrate that it maintained required furnace baghouse control

### efficiency 

### of99.5% at as 

### required by 

### Potters' PTI 13-3171.
Tn addition, EPA alleges that

### Potters caused and permitted visible fugitive dust from its baghouse and facility tobecome airborne and escapethe facility property in violation

### of the Particulate Matter Standards for Preventing Fugitive Dust in the Ohio SIP 

### at 3745-17-08(B). EPA alleges that Potters allowed the escape

### ofvisible particulate 

### matter and dust into 

### the open air from the facility in such amounts as to be 

### deemed a 

### publicnuisance in iohution 

### ofthe 

### Nuisance Provision in the Ohio SIP at 3745-15-07(A). EPA further alleges that Potters failed to operate its 

### baghouse associated with Emission Unit P007 within the PTI 13-04607 permitted range 

### ofl"-6"

### ofwater. On August 12, 2011, 

### Potters completed the 

### installation

### ofa cover onthe outdoor cullet pile. On 

### February 18, 2011, 

### Potters installed a leak 

### detection system onthe furnace baghouse forUnit POlO. By not later than 

### November 15, 2011, 

### Potters shall apply for a 

### modificationto its currentpermit, toreduce its PM 

### emissions (combined total for both baghouse stacks) to not exceed 2.0 lbs/hr and 8.76

### tons peryear from 

### Unit P0 10. 

### Civil 

### Penalty Based on analysis 

### ofthe factors specified in Section 113(e) 

### ofthe Act, 42 U.S.C.
§ 7413(e), the facts 

### ofthis case, 

### cooperation, prompt return to compliance, and 

### agreement to

5perform a supplemental environmental project, 

### Complainant has 

### determined that an appropriate civil penalty to settle this action is $20,000. Within 30 days after the effective date 

### ofthis CAFO, 

### Respondent mustpay a $20,000 civil 

### penalty bywire transfer. Respondent must send a notice 

### ofpayment that states 

### "In the 

### matter 

### of Potters Industries, Inc.," the docket number 

### ofthis CAFO, and the billing document number to the Compliance Tracker, 

### Air Enforcement and Compliance Assurance Branch and to Mary McAuliffe at the following addresses when it pays the penalty: Attn: Compliance Tracker, (AE-1 7J) Air Enforcement and Compliance Assurance Branch Air and 

### Radiation Division U.S. Environmental Protection Agency, Region 5 77 West Jackson Boulevard Chicago, Illinois 60604 Mary McAuliffe (C-14J) Office 

### ofRegional Counsel U.S. Environmental Protection Agency, Region 5 77 West Jackson Boulevard Chicago, Illinois 60604 This civil penalty is not 

### deductible for federal tax purposes. 

### IfRespondent doesnot pay 

### timely the civil penalty or 

### any stipulatedpenalties due under paragraph 54, below, EPA may bring an 

### action to collect any unpaid portion 

### ofthe penalty with interest, handling charges, nonpayment penalties, and the United States enforcement expenses for the 

### collection action under Section 1 13(d)(5) 

### ofthe Act, 42 U.S.C. § 7413(d)(5). The validity, amount, and appropriateness 

### ofthe civil penalty are not reviewable in a collection action. Pursuant to 31 C.F.R. § 901.9, 

### Respondent mustpay the following 

### on any amount overdueunder this CAFO. Interest will accrue on any 

### overdue amount from the date payment

6was due 

### at a rate established by the Secretary 

### ofthe Treasury. Respondent must pay 

### a $15 handling charge each month that any portion 

### ofthe 

### penalty is more 

### than 30 days past due. In addition, Respondent 

### must pay a 

### quarterly nonpayment penalty each quarter during which the assessed penalty is overdue according to Section 1 13(d)(5) 

### ofthe Act, 42 U.S.C. § 7413(d)(5). This nonpaymentpenalty will be 10 

### percent 

### ofthe 

### aggregate amount 

### ofthe outstanding penalties and 

### nonpaymentpenalties accrued from the 

### beginning 

### ofthe quarter. 

### Supplemental 

### Environment Project Diesel 

### Emissions Reduction 

### Project Project Summary. 

### Respondent will retrofit a fleet, fleets, or portion thereof,

### of diesel buses, either school, intra-city, 

### orinter-city buses, or diesel vehicles contracted for public use, located within 50 miles 

### ofCleveland, Ohio, as a Supplemental Environmental Project (SEP). Project Detail. 

### Respondent will spend aminimum 

### of$50,000 to retrofit a fleet, fleets, or portion

### thereof

### ofdieselbuses, 

### either school, intra-city, 

### or inter-citybuses, or diesel vehicles contracted for public use. 

### Respondentmay utilize a third partyto 

### assist in the implementation

### ofthe SEP. Such third partymay assess administrative costs not to exceed 10% 

### ofthe total project value (i.e., not to exceed $5,000). Such third party costs shall be considered

as Project Costs forpurposes 

### ofthe 

### $50,000 comniitment. The projects will occur within fifty miles 

### ofCleveland, Ohio, and will be 

### suggested by Respondent based on project applications previously submittedto EPApursuant to one 

### ofseveral grant 

### or funding programs under which interested parties can seek 

### assistance in 

### performing diesel bus retrofits. 

### Historically, Region 5 has received 

### deserving applications for a 

### greater amount 

### offunds than it is able to disburse. As a result, Region 5 regularly has information about one or more deserving projects that do not

7receive funding. The retrofit projects identified by Respondent may come from 

### applications such as these, 

### or from 

### other sources. 42. The 

### project costs will be calculated 

### using a 

### methodology similarto 

### thatused by EPA in 

### calculating the cost 

### ofother diesel 

### retrofit applications and will include 

### Respondent's oversight costs. 

### Following identificationand 

### cost estimation, Respondent will 

### subniit to EPA a list 

### ofprojects, for EPA approval. 43. Any projects approved by EPA 

### pursuant to this SEP will: be 

### geographically locatedwithin 50 

### miles 

### ofCleveland, Ohio; utilize 

### one 

### ofthe

### technologies previously verified by EPA 

### for diesel retrofits. as 

### shown at

### http://epa.gov/cleandiesel/verificationlverif.list.htm, or the CARB verification list at

### http://www.arb.ca.gov/diesel/verdev/vticvt.htm, or EPA's SmartWay idle reduction 

### verification list at 

### http://www.epa.gov/smartway/technology/index.htm; and 

### result in the reduction 

### ofdiesel 

### particulate emissions. 44. 

### Once approved, Respondent will 

### ensure completion 

### oftheretrofits. Confirmation will be obtained from the fund recipients or the entities undertaking the retrofits, confirming that

one 

### or more

### ofthe verified technologies was installed on the selected fleet 

### or fleets, or portions thereof. 45. Proiect Tirneline. Respondent will 

### endeavor to 

### identify the selected projects within 90 days 

### ofthe effective date 

### ofthis CAFO and will 

### attempt to secure the 

### completion 

### of the projects 

### within 120 daysthereafter. Thus, the 

### completion 

### ofthe installation 

### ofretrofits totaling $50,000 will be complete within 210 days 

### ofthe effective date 

### ofthis CAFO. 

### Ifthe

8project requires more time to implement (for example, due to the need for 

### equipment testing), EPA will provide additional time to extend the timeframe. 46. Respondent must submit a SEP 

### completion report to EPA within 30 days after completion 

### ofinstallation 

### ofdiesel retrofits, by no later than 240 days 

### ofthe effective date 

### ofthis CAFO, unless an extension 

### oftime is provided by EPA. This 

### report shall 

### contain the following information: 

### Detailed description 

### ofthe SEP as completed; Description 

### ofany operating problems and the actions taken to correct the problems; Itemized cost

### ofgoods and services used to complete the SEP documented bycopies 

### ofinvoices, 

### purchase orders or 

### cancelled checks that specifically identify and itemize the individual cost

### ofthe goods and services; Certification that Respondent has 

### completed the SEP in compliance with this CAFO; and Description 

### ofthe 

### environmental and public healthbenefits resulting from the SEP (quantify the benefits and 

### pollution reductions, 

### iffeasible). 47. At the time it certifies completion 

### ofthe SEP, 

### Respondent will also provide the following certification: Respondent certifies 

### under penalty

### oflaw that it wouldhave agreedto perform a comparably valued, 

### alternative project other than a diesel 

### emissions reduction Supplemental Environmental Project, 

### ifthe Agency were 

### precluded by law from 

### accepting a diesel 

### emissions reduction Supplemental Environmental Project. 48. Project Costs. Respondent will spend $50,000 for this project. 49. Project Completion Criteria. This project will be 

### deemed to be complete for the purposes 

### ofthis CAFO 

### ifEPA-verified diesel reduction equipment is installed on the buses or 

### othervehicles in the 

### projects selected pursuant to Paragraphs 40-48, above.

950. Respondent must 

### submit all notices and reports required by 

### this CAFO by first class mail to the Compliance Tracker 

### ofthe 

### Air Enforcement and 

### Compliance Assurance Branch at the address provided in 

### paragraph 36, above. 51. In each 

### report that Respondent submits as provided by this CAFO, it must certify that the report is true and 

### complete by including the following statement signed by one 

### ofits officers:
I certify that I am familiar with the information in this 

### document and that, based on my inquiry 

### ofthose individuals responsible for obtaining the information, it is 

### true and complete tothe best 

### ofmy knowledge. I 

### know that there are 

### significant penaltiesfor submitting false 

### information, including the 

### possibility 

### offines and 

### imprisonment forknowing violations. 52. Following receipt 

### ofthe SEP 

### completion report described in 

### paragraph 46, above, EPA must notify Respondent in 

### writing that: It has 

### satisfactorily completed the SEP and the SEP report; There are deficiencies in the SEP as completed or in the SEP report and EPA will give 

### Respondent 30 days to correct the deficiencies; or It has not 

### satisfactorilycompleted the SEP 

### orthe SEP report and EPA will seek 

### stipulated penalties under 

### paragraph 54. 53. 

### IfEPA exercises option b above, 

### Respondent may object in writing to the deficiency notice within 10 days

### ofreceiving the notice. The parties will have 30 days from EPA's receipt 

### ofRespondent's objectionto reach an agreement. 

### Ifthe parties cannot reach an agreement, EPA will giveRespondent a written decision on its objection. Respondent will comply with any requirementthat EPA imposes in its decision. If

### Respondent does not complete the SEP as required by 

### EPA's decision, Respondent will pay stipulated penalties to the United States 

### underparagraph 54, below. 54. 

### IfRespondent violates any requirement 

### ofthis CAFO relating to the SEP, Respondent must pay stipulated penalties to the United States as follows: 10

### Except as provided in subparagraph b, below, 

### ifRespondent did not complete the SEP 

### satisfactorily according to the 

### requirements 

### ofthis CAFO, including the schedule in 

### paragraph 45, 

### Respondent mustpay a penalty 

### of$50,000. 

### IfRespondent did not 

### complete the SEP satisfactorily, but EPA determines that Respondent made good faith and timely efforts to completethe SEP and 

### certified, with 

### supporting documents, that it spent at least 90 percent 

### ofthe amount set forth in paragraph 48, Respondent will 

### not be liable for any stipulated penalty under subparagraph a, above. 

### IfRespondent completed the SEP satisfactorily, 

### but spent less than 90 

### percent 

### ofthe 

### amount set forth in 

### paragraph 48, 

### Respondent mustpay a 

### penalty 

### of$10,000. 

### IfRespondent did not submit timelythe SEP 

### completion report as required 

### by paragraphs 46 and 47, 

### Respondent must pay penalties in the following 

### amounts for each day after the 

### report was due until it submits the report: 

### Penalty per violation per day Period 

### ofviolation $250 Ist through l4t day $400 15th 

### through 30th day $500 31St day and beyond 

### EPA's determinations 

### ofwhether Respondent 

### completed the SEP satisfactorily andwhether 

### Respondent made good faith and timely 

### efforts to complete the SEP will bind Respondent. 

### Respondent must pay any 

### stipulated penalties within 15 days 

### ofreceiving 

### EPA's written demand forthe penalties. 

### Respondent will use the method 

### ofpayment specified in paragraph 35, above, and will pay interest, handling charges, and 

### nonpayment penalties on any overdue amounts. 

### Any public statement that Respondentmakes referring to the SEP must include the following language: "Potters Industries, Inc. undertook this project 

### underthe settlement 

### of the United States Environmental Protection 

### Agency's enforcement action against Potters Industries, Inc. for 

### violations

### ofthe Clean

### Air Act."

11For federal income tax purposes, Respondent will 

### neither capitalize into inventory

or basis, nor 

### deduct any costs or 

### expenditures incurred in 

### performing the SEP. 

### General Provisions This CAFO resolves only 

### Respondent's liability for federal civil penalties forthe violations alleged in Notices 

### ofViolation issued by EPA on August 12, 2010 and March 11. 2011, and in 

### thisCAFO. The 

### CAFO does not 

### affect therights 

### ofEPA or the 

### United States to pursue appropriate injunctive or other equitable 

### reliefor criminal sanctions for any 

### violation 

### oflaw. This CAFO does not 

### affect 

### Respondent's responsibility to 

### comply with the Act and other applicable federal, state, and local laws. Except as provided in 

### paragraph 59, above, compliance 

### with this CAFO will not be a defense to any actions 

### subsequently commenced pursuantto federal laws administered by EPA. Respondent certifies that it is 

### complying fully for its Emission Units P007 and/or POlO 

### with the following: the PM 

### emissions limit in its August 4, 2011 

### Permit No: P0107074; the furnace baghouses (BET- I

### Rand BH-ATI) control efficiency 

### of99.5% as required by Potters' August 

### 4,2011 PermitNo: P0107074; theNuisance Provision in the OAC Rule 3745-15-07 (Nuisance Provision); OAC Rule 3745-17-08 (PM Standards for Preventing Fugitive Dust); and the permitted pressure drop range 

### of0.4 to 6 inches

### ofwater for the baghouses associated with Emission Unit P007, in its December 22, 2010 P11 

### Permit No: P0107072. This CAFOconstitutes an 

### "enforcementresponse" as that term is used in 

### EPA's Clean 

### Air Act Stationary Civil 

### PenaltyPolicy to 

### determine 

### Respondent's "full compliance history" under Section 113(e) 

### ofthe Act, 42 U.S.C. § 7413(e). The terms 

### ofthis CAFO bind Respondent, its successors, and assigns.

12Eachperson signingthis consent agreement certifies that he or she

### has the authority to sign for the partywhom he or she represents and to bind thatpartyto its terms. Eachparty agrees to bear its own costs and attorney's fees in this action. This CAFO constitutes theentire agreement between theparties. 

### Fetters Industries, Inc., 

### Respondent

Date 

# /ojii

13 J. es Hayward ice President 

### ofP1. Operations Potters Industries, Inc.

### Consent 

### Agreement 

### and Final 

### Order In the

### Matter of: 

### Potters industries, Inc. United States 

### Environmental Protection Agency, 

### Complainant

Date

14 heryl L. Newton Director 

### Air and Radiation Division U.S. Environmental Protection Agency Region 5

### Consent 

### Agreement and Final 

### Order In

### the 

### Matter of: 

### Potters Industries, Inc. Docket No. CAA-05-201 1-0061 

### Final 

### Order This Consent 

### Agreement and Final Order, as agreedto by theparties, shall become effective immediatelyupon filingwith the Regional Hearing Clerk. This Final Order 

### concludes this 

### proceeding pursuant to 

### 40 C.F.R. § 22.18 and 22.31. IT IS SO ORDERED. 

# -3o-ff Date Susan Hedman Regional 

### Administrator U.S. Environmental Protection Agency Region 5

15 

# EDc7LE SEP 

### 30 2011 REGIONAL HEARING CLERK (is. ENVIRONNTAL PROTECTION AGENCY 

# in

### ConsentAgreement 

### and Final

### Order In 

### the

### Matter of: 

### Potters Industries, Inc. Docket No. 

### CAA-05-2rn10061 

### Certificateof Service

I certify 

### that I filed the original and 

### one copy 

### ofthe Consent Agreement and Final Order (CAFO), docketnumber CAA-05-2011-0061 with the Regional Hearing Clerk (E-19J), United States Environmental Protection Agency, Region 5, 77 W. 

### Jackson Boulevard, Chicago, Illinois 60604, and that I mailed a second original copy by first-class, postage prepaid, certified mail, return receipt requested, by placing it in the 

### custody

### ofthe United States Postal Service addressed as follows: 

### Chester R. Babst III 

### Babst Calland Clements 

### Zomnir Two GatewayCenter Pittsburgh, Pennsylvania 15222
I certify that I 

### mailed a copy 

### ofthe CAFO by first-class mail, 

### addressed as follows: 

### Robert Hodanbosi, 

### Chief Division 

### ofAir Pollution Control Ohio Environmental Protection Agency Lazarus Government Center P.O. Box 1049 Columbus, Ohio 43216-1049 

## U)

Betty \V)4idffis 

### Administrative Program Assistant AECAB, PAS CERTIFIED MAIL RECEIPT NUMBER: 

# leQ /k512

## OoMJlIfl/

# £czz. çri SEP 

### 30 2011 REGIONAL HEARING CLERK U.S. ENViRONMENTAL PROTECTION AGENCY I also certify that I delivered a 

### copy 

### ofthe CAFO by intra-office mail, addressed as follows: Marcy Toney Regional Judicial Officer U.S. Environmental Protection Agency, Region S 77 W. Jackson Boulevard/Mail Code C-14J Chicago, Illinois 60604 

## Onthe8C day 

### ofc 

# j47/" 2011.