EPA v. U.S. GYPSUM

Case summary

5/27/10 - COMPLIANCE ORDER ISSUED. PURSUANT TO SECTION 502(a) OF THE CAA, AND 40 CFR 70.5(c)(9) AND 70.6(c)(5), THE PERMITTEE IS REQUIRED TO PERIODICALLY (BUT NO LESS FREQUENTLY THAN ANNUALLY) CERTIFY THAT THE FACILITY IS IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE PERMIT. PURSUANT TO 40 CFR 70.6(c)(5), THE PERMITTEE IS REQUIRED TO SUBMIT ALL COMPLIANCE CERTIFICATIONS TO THE ADMINISTRATOR AS WELL AS TO THE PERMITTING AUTHORITY. PURSUANT TO THE GENERAL PERMIT PROVISIONS, ITEM 12, COMPLIANCE CERTIFICATIONS, OF THE RESPONDENT'S PERMIT, RESPONDENT WAS REQUIRED TO SUBMIT A COMPLIANCE CERTIFICATION FOR THE YEAR STARTING JAN 6, 2009 THRU JAN 5, 2010 TO THE REGIONAL ADMINISTRATOR OF EPA REGION 4 BY MARCH 6, 2010. ACCORDING TO EPA RECORDS FOR COMPLIANCE CERTIFICATIONS, AS OF MAY 17, 2010, RESPONDENT HAD NOT SUBMITTED A COMPLIANCE CERTIFICATION TO THE REGIONAL ADMINISTRATOR OF EPA, REGION 4. ORDER REQUIRES: RESPONDENT SHALL SUBMIT TO THE ADMINISTRATOR OF EPA REGION 4, A CERTIFICATION OF COMPLIANCE WITH PERMIT TERMS AND CONDITIONS IN ACCORDANCE WITH 40 CFR 70.6(c)(5), INCLUDING EMISSION LIMITATIONS, STANDARDS OR WORK PRACTICES FOR THE YEAR STARTING JAN 6, 2009 AND ENDING JAN 5, 2010 WITHIN 14 CALENDAR DAYS.

Defendants (1)

• U.S. GYPSUMNamed in settlement

Facilities (3)

• U S GYPSUM

  100 D.J. NOOTENS DRIVE, BRIDGEPORT, AL, 35740

  Registry ID: 110020517911

• U S GYPSUM

  100 D.J. NOOTENS DRIVE, BRIDGEPORT, AL, 35740

  Registry ID: 110020517911

• U S GYPSUM

  100 D.J. NOOTENS DRIVE, BRIDGEPORT, AL, 35740

  Registry ID: 110020517911

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request

Enforcement conclusions (1)

• U.S. GYPSUMentered 2010-05-27

  Primary law: CAA

Timeline (2 milestones)

• 2010-05-27Final Order Issued
• 2010-06-28Enforcement Action Data Entered