THE CASE IS COMMENCED AND RESOLVED VIA A CONSENT AGREEMENT AND FINAL ORDER ( CAFO ). THE CASE INVOLVES CLEAN AIR ACT ( CAA ) CLAIMS AGAINST FORT MYER CONSTRUCTION CORPORATION ( RESPONDENT ). THE BASIS OF THE CAFO IS RESPONDENT'S FAILURE TO COMPLY WITH PERMITS ISSUED PURSUANT TO THE CAA, AND THE FEDERAL ENFORCEABLE DISTRICT OF COLUMBIA STATE IMPLEMENTATION PLAN AT RESPONDENT'S ASPHALT PLANTS (PLANT #1 & PLANT 2) LOCATED IN WASHINGTON, D.C. ASPHALT PLANT 1 IS LOCATED AT 2001 5TH STREET, N.E. IN WASHINGTON, DC., AND ASPHALT PLANT 2 IS LOCATED AT 1155 W STREET, N.E. IN WASHINGTON, D.C. (COLLECTIVELY, THE FACILITY ).
THE SPECIFIC PROVISIONS ALLEGED TO HAVE BEEN VIOLATED INCLUDE FAILURE TO COMPLY WITH THE TITLE V PERMIT'S ANNUAL PARTICULATE MATTER EMISSIONS TESTING REQUIREMENTS AT ASPHALT PLANT 1; FALURE TO COMPLY WITH THE REQUIREMENT OF THE TITLE V PERMIT CONDITION TO OBTAIN A PERMIT TO CONSTRUCT PRIOR TO CONSTRUCTION OF RECYCLE ASPHALT PRODUCT ( RAP ) PROCESSING EQUIPMENT AT ASPHALT PLANT 1; FALURE TO COMPLY WITH THE TITLE V PERMIT'S REQUIREMENT TO KEEP RECORDS OF DAILY MONITORING OF PRESSURE DROPS ACROSS THE BAGHOUSE AT ASPHALT PLANT 1; FAILURE TO COMPLY WITH THE LIMITATION ON THE OPERATION OF ASPHALT PLANT 2 BY OPERATING ASPHALT PLANT 2 WITH MORE THAN THE MAXIMUM ALLOWABLE PERMITTED PERCENTAGE OF RAP AS SET FORTH IN THE D.C. ISSUED PLANT 2 OPERATING PERMIT; FAILURE TO COMPLY WITH THE REQUIREMENT OF THE D.C. ISSUED PLANT 2 OPERATING PERMIT TO RECORD WEEKLY VISIBLE EMISSIO