EPA v. MASONRY PRODUCTS, INC.

Case summary

SYNOPSIS SPRINGFIELD CRUSHER, A DIVISION OF MASONRY PRODUCTS- VIRGIN ISLANDS CORP., IS A ROCK CRUSHING AND ROCK QUARRYING OPERATION LOCATED ON THE ISLAND OF ST. CROIX, UNITED STATES VIRGIN ISLANDS ( USVI ). THIS FACILITY IS A MAJOR STATION- ARY SOURCE OF AIR POLLUTANT EMISSIONS SUBJECT TO THE RE- QUIREMENTS OF THE CLEAN AIR ACT, AS AMENDED ( THE ACT ), AND THE AIR POLLUTION CONTROL REGULATIONS PROMULGATED THERE- UNDER. PURSUANT TO SECTION 113(A) OF THE ACT, THE REGION II OFFICE OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA OR THE AGENCY ) ISSUED NOTICES OF VIOLATION TO SPRINGFIELD CRUSHER ON JUNE 11, 1982 AND ON JULY 18, 1983 IN CONNECTION WITH THE COMPANY'S INSTALLATION AND OPERATION OF CERTAIN ROCK CRUSHING AND QUARRYING EMISSION SOURCES. SPECIFICALLY, THE FORMER NOTICE OF VIOLATION ( NOV ) ALLEGED THAT SPRINGFIELD CRUSHER HAD VIOLATED (1) THE LOCAL CON- STRUCTION AND OPERATION PERMIT REQUIREMENTS INCORPORATED WITH THE USVI STATE IMPLEMENTATION PLAN ( SIP ) PROMULGATED PURSUANT TO SECTION 110 OF THE ACT; (2) THE LOCAL VISIBLE EMISSION AND FUGITIVE EMISSION STANDARDS INCORPORATED WITH- IN THE USVI SIP PURSUANT TO SECTION 110 OF THE ACT; AND (3) THE FEDERAL PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY ( PSD ) REGULATIONS PROMULGATED PURSUANT TO SEC- TIONS 160-169 OF THE ACT AND SPECIFICALLY INCORPORATED AND MADE PART OF THE USVI SIP PURSUANT TO 40 C.F.R. 52.2779. THE LATTER NOV ALLEGED AN ADDITIONAL VIOLATION OF THE OPERA- TIVE FUGITIVE EMISSION STANDARD. EPA REGION II COMPLIANCE INSPECTIONS CONDUCTED MORE THAN 30 DAYS AFTER SPRINGFIELD CRUSHER'S RECEIPT OF THE JUNE 1982 NOV REVEALED CONTINUING FUGITIVE EMISSION AND PSD VIOLATIONS WITHIN THE MEANING OF SECTION 113 (A)(1) OF THE ACT. TO DATE, THE REGION HAS NOT HAD AN OPPORTUNITY TO IN- SPECT THIS FACILITY 30 DAYS AFTER ITS RECEIPT OF THE JULY 1983 NOV, AND, THEREFORE, DOES NOT AT THIS TIME HAVE A DOCUMENTED CONTINUING VIOLATION WITH RESPECT TO THE SPECIFIC FUGITIVE EMISSION VIOLATION CITED THEREIN. STATUTORY RE- QUIREMENTS ASIDE, EPA REGION II STRESSES THAT THE PERVASIVE EMISSION-RELATED PROBLEMS OBSERVED AT THIS FACILITY SHOULD BE VIEWED AS A DIRECT CONSEQUENCE OF SPRINGFIELD CRUSHER'S FAILURE TO UTILIZE ITS ON-SITE WATER SPRAY CONTROL SYSTEM AND TO PERFORM ROUTINE MAINTENANCE THROUGHOUT THE FACILITY, RATHER THAN AS A PROBLEM TO BE ADDRESSED WITH RESPECT TO SPECIFIC EMISSION POINTS THEREIN. AT THIS TIME EPA REGION II SEEKS THE EXPEDITIOUS INITIA- TION OF A CIVIL ACTION AGAINST SPRINGFIELD CRUSHER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE VIRGIN ISLANDS FOR INJUNCTIVE RELIEF AND THE IMPOSITION OF CIVIL PENALTIES PURSUANT TO SECTION 113(B) OF THE ACT. ALTHOUGH SUCH LITIGATION WOULD, NECESSARILY, FOCUS ONLY ON THOSE DOC- UMENTED INSTANCES OF CONTINUING VIOLATION, THE REGION WILL ATTEMPT TO SECURE A FEDERAL CONSENT DECREE ADDRESSING THE FACILITY-WIDE COMPLIANCE PROBLEMS WHICH HAVE BEEN OBSERVED AT THIS FACILITY. ** AMENDMENT CASE SUMMARY - CD ENFORCEMENT --------------------------------------- MASONRY PRODUCTS, INC. (S. CROIX FACILITY AKA SPRINGFIELD CRUSHER NORTH SHORE ROAD, MONTPELIER ESTATE, ST. CROIX, VI) VIOLATIONS OF A CONSENT DECREE ENTERED IN THE US DISTRICT COURT FOR THE DISTRICT OF THE VIRGIN ISLANDS, DIVISION OF ST CROIX TO RESOLVE VIOLATIONS OF THE CONSENT DECREE, VIRR 12:9 ET SEQ., AND THE ACT, INCLUDING EXCESSIVE FUGITIVE AND VISI- BLE EMISSIONS, AND PERMITTING AND RECORD KEEPING VIOLATIONS. FAILURE TO OBTAIN A CONSTRUCTION PERMIT FROM THE DEPT OF PLANNING AND NATURAL RESOURCES (DPN

Defendants (1)

• MASONRY PRODUCTS INCNamed in complaintNamed in settlement

Facilities (2)

• SPRINGFIELD CRUSHER

  NO 01 MONTPELIER PL, CHRISTIANSTED, VI, 00820

  Registry ID: 110001914992

• SPRINGFIELD CRUSHER

  NO 01 MONTPELIER PL, CHRISTIANSTED, VI, 00820

  Registry ID: 110001914992

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (2)

• MASONRY PRODUCTS INCentered 1985-08-26

  Primary law: CAA

  Federal penalty: $28,000

• MASONRY PRODUCTS, INC.entered 1994-02-07

  Primary law: CAA

Timeline (7 milestones)

• 1983-09-30Referred To Headquarters
• 1983-10-25Referred To Dept Of Justice
• 1984-04-11Complaint Filed With Court
• 1994-02-07Final Order Lodged
• 1994-02-07Final Order Entered
• 1994-02-07Concluded
• 1994-03-31Enforcement Action Closed