# CARDI CORPORATION
> **Judicial** · FY1989 · — · Final Order With Penalty
## Case
- **Activity ID:** `178`
- **Case Number:** 01-1989-0015
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $83K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- CARDI CORPORATION (complaint) (settlement)
## Summary

THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 113 OF THE     CLEAN AIR ACT FOR VIOLATIONS OF THE NEW SOURCE PERFORMANCE   STANDARD FOR PARTICULATES AT A HOT MIX ASPHALT PLANT IN      WARWICK, RHODE ISLAND, AND FOR VIOLATIONS OF AN              ADMINISTRATIVE ORDER.                                        CARDI RECONSTRUCTED ITS HOT MIX ASPHALT PLANT AND OPERATED   FOR 180 DAYS AFTER INITIAL STARTUP WITHOUT CONDUCTING AN     EMISSIONS TEST FOR PARTICULATES, IN VIOLATION OF 40CFR60.8A. CARDI SUBSEQUENTLY FAILED TO CEASE EMISSIONS AND TO TEST     IN ACCORDANCE WITH AN ADMINISTRATIVE ORDER.  FINALLY, CARDI  EMITTED PARTICULATES AT A RATE 550% ABOVE PERFORMANCE        STANDARD OF 0.04 GRAINS PER DRY STANDARD CUBIC FOOT(GR/DSCF) (40CFR60,920), FOR A PERIOD OF 136 OPERATING DAYS.           CARDI TESTED IN COMPLIANCE IN OCTOBER, 1988.  EPA SEEKS      PENALTIES FOR PAST EXCESS EMISSIONS AND FOR VIOLATING THE    ADMINISTRATIVE ORDER AND PROCEDURAL TESTING REQUIREMENTS.    CARDI ASKED EPA TO RELAX THE REQUIREMENT OF TESTING WITHIN   180 AFTER INITIAL STARTUP, CLAIMING THAT TESTING WAS NOT     POSSIBLE DURING THAT PERIOD DUE TO THE SEASONAL WINTER       SHUTDOWN OF THE PLANT.  CARDI MAY CLAIM THAT THE REGULATION  IS UNREASONABLE AS APPLIED TO ITS FACILITY, AND RAISES THIS  ISSUE AS THE MAIN EQUITABLE CONSIDERATION IN ITS FAVOR.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*