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 SharcarEnterprises, Inc.,

dbaCustomMarble & Onyx P.O. Box 581710 Modesto, CA 95358 Re: In re CustomMarble and Onyx Corporation DearMr. Schenewark: Enclosed is a copy ofthe ConsentAgreement 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 CAPO, you may contact Kingsley Adeduro ofRegion 9's Air Enforcement Office at (415) 947-4182. Thank you for your cooperation in this matter. Sincerely,

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### wienclosure: Robert P. Saran, Esq. Sayed Sadredin, SJVAPCD James Ryden, CARB

Printed on Recycled PaperNANCY J. MARVEL Regional Counsel 

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## 00 KARA CHRISTENSON 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 SANFRANCISCO, CALIFORNIA 94105

INRE: ) DOCKET NO. CAA-09-2008-0040 ) SHARCARENTERPRISES, INC., ) dba CustomMarble & Onyx ) Modesto, California ) CONSENT AGREEMENT AND ) FINALORDER RESPONDENT ) 

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I. CONSENT AGREEMENT Complainant, the Director ofthe AirDivision, United States Environmental Protection Agency ("EPA"), Region IX, andRespondent, SharcarEnterprises, Inc., dbaCustomMarble & Onyx ("Custom Marble" or "Respondent"), agree to settle this civil administrative action broughtunderthe Clean AirAct (the "Act") and consentto the entry ofthis ConsentAgreement andFinal Order ("CAFO"). A. AUTHORITY AND PARTIES 1. Complainantinitiatedthis civil administrative proceedingfor the assessment ofa civil administrative penalty under section 113(d) ofthe Act, as amended, 42 U.S.c. § 7413(d), andthe Consolidated Rules ofPractice Governing the Administrative Assessment ofCivil Penalties, 40 c.F.R.
Consent Agreement and Final Order In re SharcarEnterprises, Inc., dba CustomMarble & OnyxPart 22 byissuing a Complaint and Notice ofOpportunity for Hearing ("the Complaint") against Respondent on September 29,2008. Complainantissued an Amended Complaint and Notice of Opportunity for Hearing ("Amended Complaint") on October 24, 2008. Complainantissued a Second Amended Complaint and Notice ofOpportunity 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 ofhazardous air pollutants ("HAPs"), specifically, the requirements setforth at section 112 ofthe 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 thatRespondent violated section 502 ofthe Act, which requires major stationary sources ofairpollution to obtain an operating permit that includes emissions limitations and such otherconditions as necessary to assure compliance with applicable requirements ofthe Act. 42 U.S.C. §§ 7661a-766lf. 3. Complainant and Respondenthave agreed to resolve this civil administrative proceeding arising under the Actby executing this CAFO. B. RESPONDENT'S ADMISSIONS 4. 

### In accordance with 40 C.F.R. § 22. 18(b)(2) and for the purpose ofthis proceeding, Respondent (i) admits that EPA hasjurisdiction over the subjectmatter ofthis CAPO and overRespondent; (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 ofthe civil administrative penalty under Section I.C ofthis CAFO; (iv) waives any right to contestthe 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 In re SharcarEnterprises, Inc., dba Custom Marble & OnyxC. CNlLADMINISTRATNE PENALTY 5. Respondent hereby consents to the assessment ofa civil penalty in the amount ofNINETEEN THOUSAND 

### FNE HUNDRED DOLLARS ($19,500). Respondent shall pay thiscivil penalty within thirty (30) days ofthe effective date ofthis CAFO. Respondent shall make this paymentby cashier's or certified checkpayable to the "Treasurer, United States ofAmerica," 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 letteridentifying the case name, the case docket number, and this CAFO. Concurrent with delivery ofthe payment, Respondent shall send a copy ofthe check and transmittal letterto the following addresses: Regional Hearing Clerk Office ofRegional Counsel (ORC-1) U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street SanFrancisco, 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 ofRegional Counsel (ORC-2) U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105 Payment ofthe civil administrative penalty shall not be used by Respondent orany otherperson as a tax deduction from Respondent's federal, state, or local taxes. 6. IfRespondent fails to pay the assessed civil administrative penalty as identified in Paragraph 5, by

3 Consent Agreement and Final Order In re SharcarEnterprises, Inc., dba Custom Marble & Onyxthe deadline specified in that Paragraph, then Respondent shall also pay a stipulated penalty to EPA. The amount ofthe stipulated penalty will beTHIRTY-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 thatparagraph may also lead to any or all ofthe following actions:
a. The debt being referred to a creditreporting agency, a collection agency, orto the Department ofJustice for 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 shall notbe subject to review. b. Thedebt being collected by administrative offset (Le., the withholding ofmoney payable by the United States to, orheld by the United States for, a person to satisfy the debtthe person owes the Government), which includes, butis 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 orrevoke Respondent's licenses or otherprivileges; 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 amountthat 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 ofcurrent value offunds to the United States Treasury (i.e., the Treasury tax and loan account rate) as prescribed and publishedby the Secretary ofthe 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 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 or average cost incurred, and will include both direct and indirect costs. 40 C.F.R. § 13.11(b).

4 Consent Agreement and Final Order In re SharcarEnterprises, Inc., dba Custom Marble & OnyxIn addition, ifthis matteris 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 RESPONSE 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 "fullcompliance history" as provided in section 113(e) ofthe 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 liabilityfor 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 ofany 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, butnot limited to, injunctive or other equitable reliefor criminal sanctions) to address any violation ofthis CAFO or any violation not specifically alleged in the Second Amended Complaint. 9. This CAFO does notexempt, 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. 1. EFFECTIVE DATE 11. In accordance with 40 c.F.R. §§ 22. 18(b)(3) and 22.31(b), this CAFO shall beeffective on the date that the final ordercontained in this CAFO, having been approved and issu.ed by eitherthe Regional Judicial Officer orRegional Administrator, is filed.
5 Consent Agreement and Final Order In re Sharcar Enterprises, Inc., dba Custom Marble & OnyxJ. 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 CAFO and to bind the party he or she represents to this CAFO. 13. The provisions ofthis 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


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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 6II. FINAL ORDER EPA Region IX and SharcarEnterprises, Inc., dba CustomMarble & Onyx having entered into the foregoing Consent Agreement, IT IS HEREBY ORDERED that this CAFO (DocketNo. CAA-09-2008-0040 be entered, and Respondent SharcarEnterprises Inc., dba CustomMarble & Onyx shall pay a civil administrative penalty in the amount of$19,500 in accordance with the terms setforth in the CAFO.

DATE STEVENJAWGIEL RegionalJudicial Offi er United States Environmental Protection Agency, Region IX

ConsentAgreement and Final Order In re SharcarEnterprises, Inc., dba Custom Marble & Onyx 7

### CERTIFICATE OF SERVICE
I hereby certify that on 

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# 2' the original copy ofthe foregoing CONSENT AGREEMENT AND FINALORDERwas filed withthe Regional Hearing Clerk, Region IX and that a copywas sent viaU.S. Mail to: Daryl Schenewark CustomMarble and Onyx Corporation P.O. Box 581710 Modesto, CA 95358 Certified Return Receipt: 700005200021 61073143 Robert P. Soran, Esq. DowneyBrand, LLP 555 Capitol Mall, 10 th 

### Floor Sacramento, CA 95814

Date: 

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