On April 11, 2019 Region III filed a CAFO simultaneously initiating and resolving a civil penalty action against Brdaric Excavating, Inc. ( Respondent ), which owns and operates a rock quarry and crushing facility located at 500 Main Street, Swoyersville, PA, 18704 (the Facility ). The basis of the CAFO is Respondent's violation of requirements found in a federally enforceable state operating permit ( FESOP ) issued by the Pennsylvania Department of Environmental Protection ( PADEP ) pursuant to regulations incorporated into Pennsylvania's CAA State Implementation Plan (the PA SIP ) to the Respondent and governing operations at the Facility; and of 40 C.F.R. Part 63, Subpart ZZZZ, the National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines ( the RICE Rule ) of the Clean Air Act, 42 U.S.C. 7401 et seq (the CAA or the Act ). The failure to meet these requirements was identified by a compliance evaluation conducted by the EPA at the Facility on April 16, 2015.
The civil penalty assessed in the CAFO is eight thousand, four hundred and twenty-seven dollars ($8,427.00).