UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

CERTIFIED MAIL NO. 7007 149000004710 0594 

RETURN RECEIPT REQUESTED 

Mr. Ron Flores 

President 

Florestone Products Co., Inc. 

2851 Falcon Drive MAY - 4 2009 

Madera, California 93637 

RE: In the Matter of: Florestone Products Co, Inc., Madera, California 

Dear Mr. Flores: 

Enclosed is your copy of the Consent Agreement and Final Order pursuant to 40 c.F.R. 

§§22.13 and 22.18 ("CAFO") filed for the above referenced matter. Under the terms of the 

enclosed CAFO, Florestone Products must pay a civil penalty of $60,000 to resolve the 

violations alleged in the CAFO. If you have any questions regarding the CAFO, please feel free 

to contact David Kim at (415) 972-3882. 

Sincerely, 

filyr/S~ 

~~_~~~~h Jordan 

Director, Air Division 

Enclosure 

cc: Seyed Sadredin, SJV APCD (w/o encl.) 

James Ryden, ARB (w/o encl.) 

J. Thomas Boer, Barg Coffin Lewis & Trapp, LLP 

Printed on Recycled Paper 
FI ! '.1---., FD b __ ... 

NANCY MARVEL 

Regional Counsel 

United States Environmental Protection Agency, Region IX 

Z009MAY-4 P1'13:26 

DAVIDH. KIM 

Assistant Regional Counsel 

United States Environmental Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, California 94105 

(415) 972-3882 

Attorneys for Plaintiff 

UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

75 HAWTHORNE STREET 

SAN FRANCISCO, CALIFORNIA 94105 

INRE: ) 

) DOCKET NO. CAA-09-2009-000J:\-

FLORES TONE PRODUCTS CO., INC., 

) 

) 

) 

CONSENT AGREEMENT AND 

FINAL ORDER PURSUANT TO 

) 40 C.F.R. § § 22.13 and 22.18 

) 

------------~------------------) 

1. CONSENT AGREEMENT 

The United States Environmental Protection Agency, Region IX ("EPA Region IX"), and 

Florestone Products Co., Inc. ("Respondent") agree to settle this matter and consent to the entry 

of this Consent Agreement and Final Order ("CAFO") pursuant to 40 c.F.R. §§ 22.13 and 22.18. 

A. AUTHORITY AND PARTIES 

1. This is a civil administrative action brought under Section 113(d) of the Clean Air Act 

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(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. Part 22. 

2. Complainant is the Director of the Air Division of EPA Region IX .. The Administrator of 

EPA has delegated to the Regional Administrator of EPA Region IX the authority to issue 

complaints, and the Regional Administrator, in tum, has re-delegated that authority to the 

Complainant. 

B. STATUTORY AND REGULATORY BASIS 

3. Section 112 of the Act, 42 U.S.c. § 7412, lists various hazardous air pollutants and 

requires EPA to establish national emission standards for these pollutants. 

4. Pursuant to Section 112 of the Act, 42 U.S.c. § 7412, EPA promulgated the National 

Emission Standards for Hazardous Air Pollutants for reinforced plastic composites 

production ("Subpart WWWW") on April 21, 2003. See 68 Fed. Reg. 19402. These 

standards are intended to control hazardous air pollutant emissions from reinforced 

plastic composites production, and are codified at 40 C.F.R. Part 63, Subpart WWWW, 

§§ 63.5780 - 63.5935. 

5. Section 112 of the Act prohibits persons fr9m operating a source in violation of emissions 

standard, limitation or regulation promulgated thereunder. See 42 U.S.C. § 7412(f)(4) 

and 7412(i)(3). 

6. Under 40 c.F.R. § 63.5785, owners or operators of a reinforced plastic composites 

production facility that is located at a major source of hazardous air pollutant ("HAP") 

emissions are subject to Subpart WWWW. 

7. Under 40 C.F.R. § 63.5785, "reinforced plastic composites production" is defined as 

"operations in which reinforced and/or nonreinforced plastic composites or plastic 

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molding compounds are manufactured using thermostat resins and/or gel coats that 

contain styrene to produce plastic composites." 

8. Under 40 c.F.R. § 63.5905(a) and Table 13 to Subpart WWWW, any existing source 

subject to Subpart WWWW must submit an Initial Notification pursuant to 40 C.F.R. 

§ 63.9(b)(2). 

9. Under 40 c.F.R. § 63.9(b)(2), an Initial Notification must contain: (1) the name and 

address of the owner or operator; (2) the address of the affected source; (3) an 

identification of the relevant standard or other requirement that is the basis of the 

notification and the source's compliance date; (4) a brief description of the source and an 

identification of the types of emission points within the source and types of HAPs 

emitted; and (5) a statement of whet~er the source is a major source or an area source. 

The Initial Notification is due no later than 120 calendar days after the effective date of 

the relevant standard. 

10. Title V of CAA, 42 U.S.c. §§ 7661-766lf, establishes a national operating permit 

program for sources of air pollution. A permit issued under Title V is intended to be a 

single air permit for a facility, which consolidates all of the previously issued air permits 

for individual pieces of equipment. 

11. Section 502( a) of the Act provides that "it shall be unlawful for any person to violate any 

requirement of a permit issued under [Title V]." 42 U.S.c. § 7661a(a). 

C. ALLEGED VIOLATIONS 

12. At all times relevant to this CAFO, Respondent has been a corporation incorporated 

under the laws of California, and has owned and operated a facility at 2851 Falcon Drive, 

Madera, California (the "Facility"). 

3 
2-

13. Respondent is a "person," and the Facility is a "stationary source," as those terms are 

defined in Section 302(e) of the CAA, 42 U.S.c. § 7602(e). Further, Respondent is the 

"owner or operator" of a "stationary source" as those terms are defined in Section 

112(a)(I) of the Act, 42 U.S.c. § 7612(a)(1). 

14. The Facility engages in the manufacture of shower receptors, bathtubs, shower stalls, and 

other bathroom fixtures. 

15. The Facility engages in "reinforced plastic composites production" as that term is defined 

by Subpart WWWW at 40 C.F.R. § 63.5785. 

16. The Facility is subject to Subpart WWWW. 

17. EPA Region IX alleges that Florestone failed to file the Initial Notification for the Facility 

with EPA, as required by Subpart WWWW in violation of 40 c.F.R. § 63.5905(a) and 

Table 13 to Subpart WWWW. 

18. On or about December 20,2004, San Joaquin Valley Unified Air Pollution Control 

District ("SJVUAPCD" or the "District") issued a Title V permit (the "Permit") to the 

Facility. This Permit has since been superseded by a new Title V permit issued by the 

District on or about September 11,2008 (the "2008 Permit"). EPA Region IX does not 

allege any violations of the 2008 Permit. 

19. The Permit included conditions governing operations of the four separate spray 

operations as follows: (1) white gel spray (Process #1 - Permit C-495-2-4); (2) colored gel 

spray (Process #2 - Permit C-495-3-4); (3) white chop spray (Process #1 - Permit C-495-

4-3); and (4) colored chop spray (Process #2 - Permit C-495-5-3). 

20. Condition #12 of the Permit C-495-2-4 required the Facility tQ maintain daily records of 

the quantity of all resins and catalysts used in Process #1 (white gel spray) at the Facility. 

4 
21. Condition #12 of the Permit C-495-3-4 required the Facility to maintain daily records of 

the quantity of all resins and catalysts used in Process #2 (colored gel spray) at the 

Facility. 

22. Condition #12 of the Permit C-495-4-3 required the Facility to maintain daily records of 

the quantity of all resins and catalysts used in Process #1 (white chop spray) at the 

Facility. 

23. Condition #12 of the Permit C-495-5-3 required the Facility to maintain daily records of 

the quantity of all resins and catalysts used in Process #2 (colored chop spray) at the 

Facility. 

24. EPA Region IX alleges that from or about December 2004 to April 25, 2008, Florestone 

failed to maintain adequate daily records of the quantity of resins and catalysts used in 

Processes #1 (both white gel spray and white chop spray) and #2 (both colored gel spray 

and colored chop spray) at the Facility in violation of Condition #12 of Permits C-495-2-

4, C-495-3-4, C-495-4-3, C-495-5-3, and Section 502(a) of the Act. 

25. Condition #9 of the Permit C-495-2-4limited the quantity of resin used in Process #1 

(white gel spray) to 22,192 gallons per year. 

26. EPA Region IX alleges that Florestone used more than 22,192 gallons per year of resin in 

Process #1 (white gel spray) from 2003 through 2006 in violation of Condition #9 of the 

Permit 495-2-4 and section 502(a) of the Act. 

27. Condition #9 of the Permit C-495-5-3 limited the quantity of resin used in Process #2 

(colored chop spray) to 79,309 gallons per year. 

28. EPA Region IX alleges that Florestone used more than 79,309 gallons per year of resin in 

Process #2 (colored chop spray) in 2005 and 2006 in violation of Condition #9 of the 

5 
Permit 495-5-3 and section 502(a) of the Act. 

29. Condition #41 of the Permit C-495-0-1 required Florestone to submit a Title V annual 

compliance certification report that certifies compliance with the standards and terms in 

the Permit. 

30. In or about 2007, Florestone filed its Title V annual compliance certification report for 

the Facility for calendar year 2006. In its 2006 Title V annual certification report for the 

Facility, Florestone certified its compliance with all applicable requirements of the 

Permit. 

31. EPA Region IX alleges that Florestone failed to submit an accurate Title V annual 

compliance certification report for 2006 in violation of Condition #41 of the Permit C495-0-1 and section 502( a) of the Act. 

D. RESPONDENT'S ADMISSIONS 

32. 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 contained 

in Section I.C of this CAFO; (iii) consents to any and all conditions specified in this 

CAFO and to the assessment of the civil administrative penalty under Section I.E 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. 

E. CIVIL ADMINISTRATIVE PENALTY 

33. Respondent hereby consents to the assessment of a civil penalty in the amount of SIXTY 

THOUSAND DOLLARS ($60,000) as full, final, and complete settlement of its liability 

for the civil claims alleged in Section I.C of this CAFO. Respondent shall pay this 

6 
penalty plus interest according to the terms of this CAFO and Exhibit 1, attached hereto, 

which specifies an installment payment plan and interest schedule. At any time during 

the payment period specified in Exhibit 1, however, Respondent may pay the full 

remaining balance of the civil penalty required by this Paragraph, in which case it shall be 

no longer responsible for the continued payment of interest. 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 

St. 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 of the penalty, 

Respondent shall send a copy of the check and transmittal letter to the following addresses: 

Regional Hearing Clerk 

Office of Regional Counsel (ORC-l) 

U.S. Environmental Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

Cyntia Steiner 

Air Division (AIR-5) 

U.S. Environmental Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, CA 94105 

Payment of the above 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. 

34. If Respondent fails to make a required payment on or before the deadlines specified in 

7 
Exhibit 1, then Respondent shall pay to EPA, upon written demand, a stipulated 

administrative penalty of one hundred dollars ($100) per day, for each ofthe first seven days 

that any payment is late, and two hundred fifty dollars ($250) per day, for each day payment • 

is late thereafter, up to a maximum of $2,500 for each missed deadline. Despite payment of 

any stipulated penalty, Respondent shall remain obligated to make all payments specified in 

Paragraph 33 and Exhibit 1. In addition, failure to pay the civil administrative penalty 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 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 (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 

8 
administrative penalty within the deadline specified in paragraph 33. 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). 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. 

F. RETENTION OF RIGHTS 

35. 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 to it (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. 

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

9 
comply with all applicable federal, state, and local laws, regulations, rules, ordinances, 

and permits. 

G. ATTORNEYS' FEES AND COSTS 

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

proceeding. 

H. EFFECTIVE DATE 

38. 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 CAFO, having been approved and issued 

by either the Regional Judicial Officer or Regional Administrator, is filed. 

I. BINDING EFFECT 

39. 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. 

40. 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. 

10 
FOR FLORESTONE PRODUCTS CO., INC.: 

4 -I;;-o~ DATE Ron Flores 

President 

2851 Falcon Drive 

Madera, California 

FOR COMPLAINANT EPA REGION IX: 

proDebomh Jordan 

Director 

Air Division 

United States Environmental 

Protection Agency, Region IX 

75 Hawthorne Street 

San Francisco, California 94105 

11 
ll. FINALORDER 

EPA Region IX and Florestone Products Co., Inc., having entered into the foregoing 

Consent Agreement, 

IT IS HEREBY ORDERED that this CAFO (Docket No. CAA-09-2009-000~ be entered, 

and Respondent Florestone Products Co., Inc., shall pay a civil administrative penalty in the amount 

of $60,000, plus interest, and otherwise comply with the terms set forth in the CAFO. 

OS/Of 10 9 

DATE STEVEN JA WGIEL 

Regional Judicial Office 

United States Environmental 

Protection Agency, Region IX 

12 
CERTIFICATE OF SERVICE 

I certify that the original of the foregoing Consent Agreement and Final Order was hand 

delivered to the Regional Hearing Clerk, United States Environmental Protection Agency -

Region 9, 75 Hawthorne Street, San Francisco, California 94105, and that a true and correct 

copy of the Consent Agreement and Final Order was placed in the United States Mail, certified 

mail, return receipt requested, addressed as follows: 

Mr. Ron Flores 

President 

Florestone Products Co., Inc. 

2851 Falcon Drive 

Madera, California 93637 

Certified Mail Number: 7007 149000004710 0594 

Dated: tA 11i-/ :;7. () tJ 9 

Steven Armsey 

Regional Hearing CI rk 

Office of Regional COll (ORC-l) 

US Environmental Protection Agency 

75 Hawthorne Street 

San Francisco, CA 94105 
ATTACHMENT 1 

INSTALLMENT PAYMENT AND INTEREST SCHEDULE 

DOCKET NO. CAA-09-2009-000_ 

Principal Days Interest Principal Installment 

Payment Payment 

$60,000 30 $0 $10,000 $10,000.00 

$50,000 240 $986.30 $10,000 $10,986.30 

$40,000 270 $887.67 $10,000 $10,887.67 

$30,000 180 $443.84 $10,000 $10,443.84 

$20,000 180 $295.89 $10,000 $10,295.89 

$10,000 180 $147.95 $10,000 $10,147.95 

Totals $2,761.65 $60,000 $62,761.65 

pt Installment: $10,000.00 (Due within 30 days of the effective date of the 

Consent Agreement and Final Order) 

2nd Installment: $10,986.30 (Due within 240 days after the deadline for the 

first installment payment) 

3rd Installment: $10,887.67 (Due within 270 days after the deadline for the 

second installment payment) 

4th Installment: $10,443.84 (Due within 180 days after the deadline for the 

third installment payment) 

5th Installment: $10,295.89 (Due within 180 days after the deadline for the 

fourth installment payment) 

6th Installment: $10,147.95 (Due within 180 days after the deadline for the 

fifth installment payment) 

Total Payment: $62,761.65 

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