UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 


REGION IX 


75 Hawthorne Street 


San Francisco, CA 94105·3901 


CERTIFIED MAIL 

RETURN RECEIPT REQUESTED 

7000 0520 0021 6107 3143 

IN REPLY: AIR-5 

REFER TO Docket No. CAA-09-2009-40 

Mr. Daryl Schenewark DEC 2 3 'J-tf:lb Sharcar Enterprises, Inc., 

dba Custom Marble & Onyx 

P.O. Box 581710 

Modesto, CA 95358 

Re: In re Custom Marble and Onyx Corporation 

Dear Mr. Schenewark: 

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~-- .j! J. ( 

t ..//., (-/

., ~ 

i\\~eborah lordan 

Director, Air Division 

Enclosure 

cc wi enclosure: 	 Robert P. Saran, Esq. 

Sayed Sadredin, SJV APCD 

James Ryden, CARB 

Printed on Recycled Paper 
NANCY J. MARVEL 

Regional Counsel 200B DEC 23 P~1 3: 00 

KARA CHRISTENSON 

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-09-2008-0040 

) 

SHARCAR ENTERPRISES, INC., ) 

dba Custom Marble & Onyx ) 

Modesto, 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, Sharcar Enterprises, Inc., dba Custom Marble & Onyx ("Custom 

Marble" 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 

Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, 40 c.F.R. 

Consent Agreement and Final Order 

In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx 
Part 22 by issuing a Complaint and Notice of Opportunity for Hearing ("the Complaint") against 

Respondent on September 29,2008. Complainant issued an Amended Complaint and Notice of 

Opportunity for Hearing ("Amended Complaint") on October 24, 2008. Complainant issued a Second 

Amended Complaint and Notice of Opportunity for Hearing ("Second Amended Complaint") on 

November 25, 2008. The Second Amended Complaint supercedes the previous complaints issued on 

September 29,2008 and October 24,2008. 

2. The Second Amended Complaint alleg~s 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 Second Amended Complaint also alleges that Respondent 

violated section 502 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. 

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 CAPO and over Respondent; (ii) neither 

admits nor denies the specific factual allegations and the other allegations contained in the Second 

Amended Complaint; (iii) consents to any and all conditions specified in this CAPO, 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

In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx 
C. CNlL ADMINISTRATNE PENALTY 

5. Respondent hereby consents to the assessment of a civil penalty in the amount of NINETEEN 

THOUSAND FNE HUNDRED DOLLARS ($19,500). Respondent shall pay this civil penalty within 

thirty (30) days of the effective date of this CAFO. Respondent shall make this payment by cashier's or 

certified check payable to the "Treasurer, United States of America," and shall send the payment 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 

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

number, and this CAFO. Concurrent with delivery of the 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 


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. If Respondent fails to pay the assessed civil administrative penalty as identified in Paragraph 5, by 

Consent Agreement and Final Order 3

In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx 
the deadline specified in that Paragraph, then Respondent shall also pay a stipulated penalty to EPA. The 

amount of the stipulated penalty will be THIRTY -EIGHT THOUSAND SIX HUNDRED EIGHTY -FIVE 

DOLLARS ($38,500). In addition, failure to pay the civil administrative penalty specified in Paragraph 5 

by the deadline specified in that paragraph may also 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 for 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 (Le., 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 

Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. 

40 C.F.R. § 13.11(a)(l). 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). 

Consent Agreement and Final Order 4

In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx 
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 RESPONSE 

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 Second Amended Complrunt. 

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 Second Amended 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 Second Amended 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. 

1. EFFECTIVE DATE 

11. In accordance with 40 c.F.R. §§ 22. 18(b)(3) and 22.31(b), this CAFO shall be effective on the 

date that the final order contained in this CAFO, having been approved and issu.ed by either the Regional 

Judicial Officer or Regional Administrator, is filed. 

Consent Agreement and Final Order 5

In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx 
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 CAFO and to 

bind the party he or she represents to this CAFO. 

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

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

FOR SHARCAR ENTERPRISES, INC., dba CUSTOM MARBLE & ONYX 

tL-l02-Db 

DATE 

FOR COMPLAINANT EPA REGION IX: 


+6rDeborah Jor.ian 

Director 

Air Division 

United States Environmental 

Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, California 94105 

Consent Agreement and Final Order 

In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx 

6 
II. FINAL ORDER 


EPA Region IX and Sharcar Enterprises, Inc., dba Custom Marble & Onyx having entered into the 

foregoing Consent Agreement, 

IT IS HEREBY ORDERED that this CAFO (Docket No. CAA-09-2008-0040 be entered, and 

Respondent Sharcar Enterprises Inc., dba Custom Marble & Onyx shall pay a civil administrative penalty 

in the amount of $19,500 in accordance with the terms set forth in the CAFO. 

DATE STEVEN JAWGIEL 

Regional Judicial Offi er 

United States Environmental 

Protection Agency, Region IX 

Consent Agreement and Final Order 

In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx 

7 
CERTIFICATE OF SERVICE 

I hereby certify that on D c.. , Z3; ?vOG 2' the original copy of the foregoing 

CONSENT AGREEMENT AND FINAL ORDER was filed with the Regional Hearing Clerk, 

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

Daryl Schenewark 


Custom Marble and Onyx Corporation 


P.O. Box 581710 

Modesto, CA 95358 

Certified Return Receipt: 700005200021 61073143 

Robert P. Soran, Esq. 


Downey Brand, LLP 


555 Capitol Mall, 10th Floor 


Sacramento, CA 95814 


Date: Jg,"-;{.3 ~ /vO 0 g ~~nf-}~ Office of Regional couns.e/ 

U.S. EPA, Region IX