UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901 

## NOV 2 5 2008 CERTIFIED MAIL NO. 7006 2150 0001 4941 2017 RETURN RECEIPT REQUESTED IN REPLY: AIR-5 REFER TO Docket No. CAA-09-2009-40

Mr. Daryl Schenewark SharcarEnterprises, Inc.,

dba CustomMarble & Onyx P.O. Box 581710 Modesto, CA 95358 Re: In re CustomMarble and Onyx Corporation DearMr. Schenewark: Enclosed is a copy ofthe Second Amended Complaint and Notice ofOpportunity for Hearing filed pursuant to section 113(d) ofthe Clean AirAct, 42 U.S.c. §§ 7401-7671q. The Second Amended Complaint identifies SharcarEnterprises, Inc. dba CustomMarble & Onyx as the Respondent. The SecondAmended Complaint supercedes the Amended Complaint EPA filed on October 23, 2008. No further action on your part is required with respect to the October 23, 2008 complaint. Please note that CustomMarble has 20 days from receipt ofthe Second Amended Complaint to file an Answer. Ifwe are able to file a finalized Consent Agreement by that time, CustomMarble will not be required to file an Answer. Kara Christenson ofRegion 9's Office ofRegional Counsel is the attorney assigned to this matter. Shecanbe reached at (415) 972-3881. Sincerely,

# ~ Director, Air Division Enclosure

cc wIenclosure: Robert P. Soran, Esq. Sayed Sadredin, SlVAPCD lames Ryden, CARB

Printed on Recycled Paper

### NANCYJ. MARVEL Regional Counsel 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 ) 

### CUSTOMMARBLE and ONYX, INC. ) 

### UNOPPOSED MOTION TO ) 

### FILE SECOND AMENDED Modesto, California ) 

### COMPLAINT ) 

### RESPONDENT ) 

## --------------------------------)

TO THE REGIONALJUDICIAL OFFICER: Pursuant tothe authority set forth in the Consolidated Rules ofPractice, 40 C.F.R. Part 22, Complainant U.S. Environmental Protection Agency, Region 9 ("Complainant") requests that the Regional Judicial Officer grant this motion to allow Complainant to file a Second Amended Complaint to allow Complainant to properly name SharcarEnterprises, Inc. dba Custom Marble & 

### Onyx as Respondent in lieu ofthe previously named respondent, Custom Marble and Onyx,

1

### Inc. Complainant has discussed this motion with Respondent, which has no objection to it. The

reasons for seeking leave to file a Second Amended Complaint are set forth below. BACKGROUND On September 29,2008, EPA filed a civil administrative action mulling CustomMarble and Onyx, Inc. as the respondent. On October 23,2008, Complainant filed an amended civil administrative complaint ("Amended Complaint"), again naming CustomMarble and Onyx, Inc as the respondent. On Friday, November 14, 2008, Respondent's attorneybrought to the attention ofComplainant's counsel that the correct legal entity for this action should be Sharcar Enterprises, Inc. dba CustomMarble & 

### Onyx. ARGUMENT Part 22 provides that complainant may amend the complaint once as a matter ofright at any time before the answer is filed; otherwise, complainant may amend the complaint upon motion granted bythe Presiding Officer. 40 C.P.R. §22.14(c). As noted above, Complainant filed an amended complaint on October 23,2008; therefore, this Motion to File a Second Amended Complaint must be approved by the Presiding Officer. Pursuant to 40 C.F.R. §22.4(b), the Regional Judicial Officer is the Presiding Officer until the respondent files an answer. Respondent has not yet filed an answer in this matter, and in fact has until December 16, 2008 to do so, pursuant to an Order issued bythe Regional Judicial Officer on November 17,2008. Therefore, this motion is properlybefore the Regional Judicial Officer. Granting ofthis motion will not result in prejudice. The representatives ofSharcar Enterprises, Inc. dba CustomMarble and Onyx are the same as the owners ofCustom Marble

2

### and Onyx and are fully aware ofthe proceedings thus far. The Second Amended Complaintwill simplyidentifythe correct legal identify and not add ormodify any otherprovisions or allegations. Moreover, the Parties agree that it is in their common interest to properlyidentify SharcarEnterprises Inc., dba CustomMarble & 

### Onyx as the Respondent. Complainant and Respondent have engaged in good faith settlement negotiations and are in the process of finalizing a Consent Agreement. The Second Amended Complaint will assure that the Consent Agreement will resolve Complainant's allegations in a legally effective manner, which is to the mutual benefit ofthe parties. CONCLUSION Forthe reasons set forth above, Complainantrespectfullyrequests that the Presiding Officerin this matter (the Regional Judicial Officerpriorto Respondent's answer) grant this Unopposed Motion to file a Second Amended Complaint.

Dated at San Francisco, California on

## this~ ofNovember, 2008.

,/ a Christenson

SeniorCounsel USEPA, Region 9

3

### CERTIFICATE OF SERVICE I certify that the original and a copy ofthe foregoing Unopposed Motion to file a Second Amended Complaint was hand-delivered to: Regional Hearing Clerk U.S. Environmental Protection Agency, Region 9 75 

### Hawthorne Street San Francisco, CA 94105 and that a true and correct copy ofthe Motion was placed in the United States Mail, addressed to the following: Daryl Schenewark CustomMarble and Onyx Corporation P.O. Box 581710 Modesto, CA 95358 Robert P. Soran, Esq. Downey Brand, LLP 555 Capitol Mall, 10th 

### Floor Sacramento, CA 95814 

### '" Dated: 

# 1(/2-)/" V By: I / 

## ;qr"/C.j)/**>~-** 

## "rJ Office ofRegional**Coun~** 

### USEPA, Region 9



### 41 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NANCYMARVEL

. Regional Counsel Li**.:~"** _ ",,; '_ ' . l,"\

KARA CHRISTENSON ;{EG!**O~ ~**  ,·\L i**~,-;~; ~jr·;G**  

### CLERK SeniorCounsel U.S. Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, CA 94105 (415) 972-3881 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 

# j AOD[s-0O/f{) In re SharcarEnterprises, Inc., dba ) Docket No. CAA**09~** ) CustomMarble & Onyx ) SECOND AMENDED COMPLAINT AND ) NOTICE OF OPPORTUNITY FOR HEARING Modesto, California ) ) RESPONDENT, ) )

1. AUTHORITY AND PARTIES 1. This Second Amended Complaint and Notice ofOpportunity for Hearing ("Second Amended Complaint") is a civil administrative action brought under section 113(d) ofthe Clean Air Act (the "Act"), as amended, 42 U.S.c. § 7413(d) for assessment ofa civil administrative penalty against Sharcar Enterprises, Inc, dba CustomMarble & Onyx ("Custom Marble" or "Respondent") for violations ofthe Act. Specifically, this Second Amended Complaint alleges that Respondent violated section 112 ofthe Act, which regulates emissions ofhazardous air pollutants ("HAPs"), and relevant regulatory provisions set forth in the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Reinforced Plastic Composites Production, 40 C.P.R. Part 63, SubpartWWWW.§§63.5780-63.5935.This Second Amended Complaint also alleges that Respondent violated section 502 ofthe Act, which requires major stationary sources ofair pollution to obtain an operating permit that includes emissions limitations and

Second Amended Complaint and Notice ofOpportunity for Hearing In re SharcarEnterprises, Inc., dba CustomMarble & Onyx1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

24 25 26 27 28 such other conditions as necessary to assure compliance with applicable requirements bfthe Act. 42 U.S.c. §§ 7661a-766lf. 2. This SecondAmended Complaint is identical in all respects to the Amended Complaint fIled on October23, 2008, exceptthat it names SharcarEnterprises, Inc., dbaCustom Marble & Onyx as Respondent. Leave to file this Second Amended Complainthas been granted by the Presiding Officer. This Second Amended Complaint supercedes the Amended Complaint filed on October 23, 2008. 3. Complainant is the Directorofthe AirDivision, United States Environmental Protection Agency ("EPA") Region IX. Pursuant to EPA Delegation OrderNumber 7-6-A, dated May 4, 1994, the Administrator ofEPA has delegated the authority to fIle this action to the Regional Administrator ofEPA Region IX, and pursuant to EPA Regional Order Number RI265.05A, dated August 14,2003, the Regional Administratorre-delegated that authority to the Complainant, the Director ofthe AirDivision.. 4. Respondent owns and operates a reinforced plastic composite manufacturing facility ("Facility") located at 201 Winmoore Way, Modesto, California. Respondent is located in Modesto, California, within thejurisdiction ofthe San Joaquin Valley Air Pollution Control District ("SJVAPCD" or "District"). B. STATUTORY AND REGULATORY BACKGROUND MACTRequirements for Reinforced Plastic Composites Production 5. Section 112 ofthe Act requires EPA to list categories ofsources ofhazardous air pollutants ("HAPs") and to establish National Emission Standards for Hazardous Air Pollutants ("NESHAP") for the listed categories. 42 U.S.c. § 7412(c)(I). The Act requires the NESHAPto reflect the maximum degree ofreduction in emissions ofHAP that is achievable. 42 U.S.C. § 7412(d). This level ofcontrol is known as maximum available control technology ("MACT"). 6. Section 112(a) ofthe Act defines a "major source" as any stationary source that emits or has the potential to emit ... 10 tons per year ("tpy") ormore any hazardous air pollutant or 25 tpy or more ofany combination ofhazardous air pollutants. 42 U.S.c. § 7412(a).

2 Second Amended Complaint and Notice ofOpportunity for Hearing In re SharcarEnterprises, Inc., dba Custom Marble & Onyx1 7. OnJuly 16, 1992, EPApublished a list ofsource categories that would be regulated under section 2 112(c). That list included the reinforced plastic composites production source category. 57 Ped. Reg. 3 31576. 4 8. On April 21, 2003, EPA published the final MACT standard for HAPs for Reinforced Plastic 5 Composites Production, 40 c.P.R. Part 63, SubpartWWWW, §§ 63.5780-63.5935. 68 Ped. Reg. 19375. 6 9. Theeffective date ofthe standard was April 21, 2003. 40 c.P.R. § 63.5780 and Table 2 to 7 8 Subpart WWWW specify that the owner oroperatorofan existing affected source must comply with the

9 requirements in SubpartWWWWbyApril 21, 2006. 10 10. 

### In relevant part, 40 C.P.R. § 63.5785 states that the requirements ofSubpartWWWW apply to 11 the owner and operator ofeach reinforced plastic composites production facility that is located at a major 12 source ofHAPemissions. 13 11. 

### In relevant part, 40c.P.R. § 63.5790 states that SubpartWWWW applies to new orexisting 14 affected sources at reinforced plastic production facilities. Section 63.5790 defines an "affected source" 15 as including: equipmentused for molding, casting, lamination, pultrusion, sheet molding compound 16 manufacturing, bulk molding compound manufacturing, and mixing. Section 63.5790 also provides that 17 18 the term "affected source" also includes certain cleaning, storage andrepair equipment at reinforced 19 plastic production facilities. 20 12. Pursuantto40 C.F.R. §§ 63.5905(a) and 63.9(b)(2), the owneroroperator ofan existing affected 21 source to submit an initial notification to EPA within 120days ofthe effective date ofSubpart WWWW, 22 orAugust 19,2003. 23 13. Pursuant to 40 c.F.R. § 63.591O(b), the owner oroperator ofsources subject to Subpart WWWW 24 must submit compliance reports on a semi-annual basis. Per40 C.P.R. § 63.591O(b)(4),semi-annual 25 compliance reports must be postmarked ordelivered no later than July 31 orJanuary 3I. Semi-annual 26 compliance reports must contain the information specified in 40c.F.R. § 63.5910(c), including any 27 28 deviations from organic HAPemissions limitations orwork practice standards.

3 Second Amended Complaint and Notice ofOpportunity for Hearing In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 

### Title V 

### Operating Permit Requirements 14. Title V 

### ofthe Act requires major stationary sources ofairpollution to obtain an 

### operating permit that includes emissions limitations and such other conditions as necessary to assure compliance with applicable requirements ofthe Act. See 42.U.S.C. §§

### 7661a-766lf. 15. EPA's implementingregulations for Title V define a major stationary source as including

sources that emits orhas the potential to emit more than 10 tpy oranyhazardous airpollutant ("HAP") listed under section 112(b) ofthe Act. 40 c.F.R. 

### §70.2. 16. Styrene is a listed HAP

### under Section 112(b) ofthe Act. See 42 U.S.c. 7412(b). 17. Section 502(a) ofthe Actprovides that, afterthe effective date ofaTitle V 

### permit program, operation ofa major stationary source without aTitle V 

### operating permit is a violation ofthe Act. 42 U.S.c. §7661a(a). 18. EPA's regulations, at 40 CFR §70.5(a), provide that the owner oroperator ofa title V



### source must submit a timely and complete permit application. Section 70.5(a)(1) further provides that a timely and complete application is one submitted within 12 months after the

source becomes subject to the permit program oron orbefore such earlier date as the permitting authority may establish. 19. The District adopted regulations to implement its Title V 

### program on June 15, 1995. EPA granted interim approval effective on May24, 1996 and granted full approval to the District's Title V 

### program effective November 30,2001. See 40 CFR Part 70, Appendix A; 66 Fed. Reg. 63503 (December7,2001). 20. The District's requirements for sources to submittimely permit applications are substantially similarto EPA's part 70regulations and require major sources to submit Title V permit applications within 12 months after the source becomes subject to the permit program. See SJVAPCD Rule 2520, section 5.1.

4 Second Amended Complaint and Notice ofOpportunity for Hearing In re SharcarEnterprises, Inc., dba Custom Marble & Onyx1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. GENERAL ALLEGATIONS 21. Respondent is a corporation incorporated in the State ofCalifornia. 22. At all times relevant to this proceeding, Respondent was a "person" as that term is defined in section 302(e) ofthe Act, 42 U.S.c. § 7602(e). 23. Pursuantto its authority under section 114 ofthe Act, EPA sent a letterdated August 13, 2007 to Respondent requesting information regarding the Facility's compliance with the Act. 24. On or about October 12, 2007, Respondent submitted its response to EPA's section 114 information request ("Response to EPA's Information Request"). 25. Respondent's Response toEPA's Information Request stated that the Facility's emissions of styrene for calendar years 2002 - 2006 were as follows: a) 2002 33,206pounds b) 2003 31,767 pounds c) 2004 29,891 pounds d) 2005 23,770 pounds e) 2006 15,825 pounds 26. Respondent's Response to EPA's Information Request included a Notification ofCompliance Status, dated July 11, 2006, submitted by the company regarding the Facility's compliance status with respect to Subpart WWWW. 27. Respondent's Response to EPA's Information Request included an initial notification of applicability ofSubpartWWWW, dated July 11, 2006. 28. Respondent's Response to EPA's Information Request included an admission that it has not submitted semi-annual compliance reports to EPA orto the District. 29. Respondent's Response to EPA's Information Request revealed that Respondent did not apply fo

a Title V permit until March 30, 2007.

5 Second Amended Complaint and Notice ofOpportunity for Hearing In re SharcarEnterprises, Inc., dba Custom Marble & Onyx1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. ALLEGED VIOLATIONS COUNTI: FAILURETO NOTIFY EPA OF SUBPARTWWWWAPPLICABILITY 30. Paragraphs 1through 28 are re-alleged and incorporated herein by reference. 31. Since at least 2002, emissions ofstyrene from the Facility have exceeded 10 tpy. Therefore, the Facility is a major source ofHAPs emissions and is subject to the MACT standard for Reinforced Plastic Composites Production, 40C.F.R. Part 63, Subpart WWWW §§ 63.5780-63.5935. 32. The effective date ofSubpartWWWW was April 21, 2003; therefore, Respondent was required to submit an initial notification to EPAby August 19,2003. 40 c.F.R. §§ 63.5905(a) and 63.9(b)(2). 33. Respondent did not submit its initial notification until on or aboutJuly 11,2006. 34. Respondent violated section 112 ofthe Act and 40 c.F.R. §§ 63.5905(a) and 63.9(b)(2) by failing to timely submit this notification. COUNT2: FAILURETO SUBMIT SEMI-ANNUAL COMPLIANCE REPORTS 35. Paragraphs 1through 28 are re-alleged and incorporated herein by reference. 36. Since at least 2002, emissions ofstyrene from the Facility have exceeded 10 tpy. Therefore, it is

a major source ofHAPemissions and is subject to the MACT standard for Reinforced Plastic Composites Production. 40 c.F.R. Part 63 SubpartWWWW §§ 63.5780-63.5935. 37. The deadline for the Facility to comply with SubpartWWWW was April 21, 2006; therefore, the Facility was required to submit semi-annual compliance reports to EPA, pursuant to 40 C.F.R. §63.591O, by January 31,2007, July 31, 2007, and January 31, 2008. 38. Respondent violated section 112 ofthe Act and 40 C.F.R. §63.5910 each time CustomMarble failed to submit a semi-annual compliance report. COUNT 3: FAILURE TO SUBMIT A TIMELY TITLE V PERMIT APPLICATION 39. Paragraphs 1 through 28 are re-alleged and incorporated herein by reference. 40. The Facility is a major source ofair pollution, as that term is defined at40 C.F.R. §70.2, because

6 Second Amended Complaint and Notice ofOpportunity for Hearing III re Sharcar Enterprises, Inc., dba Custom Marble & Onyx1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 it emits more than 10 tpy ofstyrene, a HAP listed under section 112(b). 

### 41. The Facility's annual emissions ofstyrene have exceeded the Title V major source threshold since at least 2002. 42. The Facility was required to have submitted a Title V 

### permit application no later than 12 months after becoming subject to the program. 43. Based on information currently available to EPA, the Facility should have submitted a Title V 

### permit application no later than December 31, 2003. EPA may determine that the Title V 

### permit application deadline was earlier, ifthere are records demonstrating annual emissions exceeded the major source threshold in any year priorto 2002. 44. The Facility's Title V 

### permit application datedMarch 30, 2007 was not timely. 45. The Facility was in violation ofsection 502 ofthe Act and 40 c.F.R. 

### §70.5(a) from at least December 31, 2003 continuing up to March 30, 2007. V. PROPOSED CIVIL PENALTY Section l13(d) ofthe Act, 42 U.S.C. § 7413(d), authorizes a civil administrative penalty ofup to $25,000 perday for each violation ofthe Act, provided that the total amount ofpenalty assessed does not exceed $200,000. Pursuantto the Civil Monetary Penalty Inflation Adjustment Rule at 40 C.F.R. Part 19, which implements the DebtCollection Improvement Act of 1996, these maximum amounts have been adjusted to $32,500perday, not to exceed a total penalty of$270,000, for each violation that occurred on or after March 15,2004. Forpurposes ofdetermining the amount ofthe civilpenalty to be assessed, section 113(e) ofthe Act, 42 U.S.C. § 7413(e), requires the Administratorto considerthe size ofthe business, the economic impact ofthe penalty on the business, the violator's compliance history and good faith efforts to comply, the duration ofthe violation as established by any credible evidence, payment by the violator ofpenalties previously assessed for the same violation, the economic benefit ofnoncompliance, and the seriousness 0

7 Second Amended Complaint and Notice ofOpportunity for Hearing In re SharcarEnterprises, Inc., dba Custom Marble & Onyx1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the violation. Accordingly, afterconsideration ofthese statutory assessment factors, EPA requests the assessment ofa civil administrative penalty ofup to TWENTY-SEVENTHOUSAND EIGHTY DOLLARS ($27,080) against Respondent for the violations ofthe Act set forth above. VI. NOTICE OF OPPORTUNITYTO REQUEST A HEARING You have the right torequest a formal hearing to contest any material fact set forth in this Second Amended Complaint orto contest the appropriateness ofthe proposed penalty. Any hearing requested will be conducted in accordance with the Administrative Procedure Act, 5 U.S.c. § 551 etseq., and the ConsolidatedRules ofPractice Governingthe Administrative Assessment ofCivil Penalties and the Revocation or Suspension ofPermits ("Consolidated Rules ofPractice"), 40 C.F.R. Part 

### 22. A copy of the Consolidated Rules ofPractice is enclosed with this Second Amended Complaint. You mustfile a written Answer within twenty (20) days ofreceiving this Second Amended Complaintto avoid beingfound in default, whichconstitutes anadmission ofall facts allegedin the Second Amended Complaint and a waiver ofthe right to a hearing, and to avoid having a penalty assessed withoutfurther proceedings. Ifyou choose to file an Answer, you are required by the Consolidated Rules ofPractice to clearly and directly admit, deny, or explain each ofthe factual allegations contained in this Second Amended Complaint to which you have any knowledge. Ifyou have

no knowledge ofa particular fact and so state, the allegation is considered denied. Failure to deny any of the allegations in this Second Amended Complaint will constitute an admission ofthe undenied allegation. The Answer shall also state the circumstances and arguments, ifany, which are alleged to constitute the grounds ofdefense, and shall specifically request an administrative hearing, ifdesired. If you deny any material fact orraise any affirmative defense, you will be considered to have requested a hearing. The Answer must be filed with: Regional Hearing Clerk (ORC-I) U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105

8 Second Amended Complaint and Notice ofOpportunity for Hearing In re SharcarEnterprises, Inc., dba Custom Marble & Onyx1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In addition, please send a copy ofthe Answer and all otherdocuments that you file in this action to: Kara Christenson Office ofRegional Counsel (ORC-2) U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105 You are further informed that the Consolidated Rules ofPractice prohibit any exparte (unilateral) discussion ofthe merits ofany action with the Regional Administrator, Regional Judicial Officer, Administrative LawJudge, or any person likely to advise these officials in the decision ofthe case, after the Second Amended Complaintis issued. VII. INFORMAL SETTLEMENTCONFERENCE EPA encourages all parties against whom a civil penalty is proposed to pursue the possibility of settlement through informal conferences. Therefore, whether ornot you request a hearing, you may conferinformally with EPA through Ms. Christenson, the EPA attorney assigned to this case, regarding the facts ofthis case, the amount ofthe proposed penalty, and the possibility ofsettlement. An informal settlementconference does not, however, affect your obligation tofile an Answer to this Second Amended Complaint. VIII. ALTERNATIVE DISPUTE RESOLUTION Theparties also may engage in any process within the scope ofthe Alternative Dispute Resolution Act,S U.S.c. § 581 etseq., which may facilitate voluntary settlement efforts. Dispute resolution using alternative means ofdispute resolution does not divest the Presiding Officer of jurisdiction nordoes it automatically stay the proceeding. IX. QUICK RESOLUTION Instead ofrequesting an informal settlement conference or filing an Answer requesting a hearing, you may choose to resolve the proceeding by paying the specific penalty proposed in the Second Amended Complaint and filing a copy ofthe check or other instrument ofpayment with the Regional Hearing Clerk within thirty (30) days afterreceiving the Second Amended Complaint. Ifyou wish to

9 Second Amended Complaint and Notice ofOpportunity for Hearing In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 resolve theproceeding in this mannerinstead offiling an answerbut need additional time to pay the penalty, you may file a written statement stating that you agree to pay the proposed penalty in accordance with 40 C.F.R § 22. 18(a)(l) with the Regional Hearing Clerk within 30 days afterreceiving the Second Amended Complaint. The written statement need not contain any response to, or admission of, the allegations in the Second Amended Complaint. Within sixty (60) days after receiving the Second Amended Complaint, the 

### full amount ofthe proposed penalty must be paid. Failure to make such payment within this sixty-day period may subject you to default. Upon receipt ofpayment in full, the Regional Judicial Officer will issue a Final Order. Paymentby a respondent shall constitute a waiver of the respondent's rights to contest the allegations and to appeal the Final Order. In addition, full payment ofthe proposed penalty shall only resolve Respondent's liability for Federal civii penalties for violations and facts alleged in the Second Amended Complaint and does not affect the right ofEPA orthe United States to pursue appropriate injunctive or other equitable reliefor criminal sanctions for any violations of law. X. CONSENTAGREEMENT AND FINAL ORDER EPA has the authority, where appropriate, to modify the amount ofthe proposed penalty to reflect any settlementreached with you in an informal conference orthrough alternative dispute resolution. The terms ofsuch an agreement would be embodied in a Consent Agreement and Final Order. A Consent Agreement signed by both parties would be binding as to all terms and conditions specified therein when the Regional Judicial Officer signs the Final Order. 

### Jt. Dated at San Francisco, California on

### this~ day ofNovember 2008.

DEBORAHJORD

# ~~ Director, AirDivision U.S. Environmental Protection Agency, Region IX

10 Second Amended Complaint and Notice ofOpportunity for Hearing In re Sharcar Enterprises, Inc., dba Custom Marble & Onyx