EPA v. MID-STATES TERMINALS

Case summary

NATURE OF THE CASE: MID-STATES OWNS & OPERATES 2 GRAIN TERMINAL ELEVATORS IN TOLEDO, OH. ONE IS A FACILITY WHICH PRE-EXISTED THE 1977 CAA AMNEDMENTS, THE OTHER IS A NEW FACILITY. THE EXISTING FACILITY HAS 10 SHIPLOADING SPOUTS, THE NEW FACILITY HAS 3 SHIPLOADING SPOUTS. THE EXISTING FACILITY IS SUBJECT TO OH SIP REGULATION AP-3-12(RECODIFIED AS 3745-17-11) WHICH SPEC- IFIES PARTICULATE EMISSION LIMITS & REGULATION AP3-3-07(RE- CODIFIED AS 3745-17-07) WHICH LIMITS OPACITY OF EMISSIONS. THE NEW FACILITY IS SUBJECT TO NEW SOURCE PERFORMANCE STAND- ARDS UNDER SEC 129(A)(1) OF THE CAA. CAUSE OF ACTION: ON 4/27/79, EPA ISSUED AN NOV TO THE SOURCE CITING VIOL 'S OF AP 3-12. ON 8/21/79 EPA ISSUED AN NOV TO MIDSTATES CITING VIOL'S OF AP 3-07. ON 1/30/81, EPA ISSUED A FINDING OF VIOL PURSUANT TO SEC 113(A)(5) OF THE CAA BASED ON EPA'S DETERMINATION THAT THE CONSTR PERMIT WHICH HAD BEEN ISSUED TO MIDSTATES BY THE STATE OF OH FAILED TO COMPLY W/THE RE- QUIREMENTS OF SEC 129(A)(1) OF THE CAA, EPA TOOK ENFORCEMENT ACTION AGAINST MID-STATES ONLY AFTER THE NORTHWESTERN OH LUNG ASSOCIATION FILED A SUIT IN US DIST CT TO COMPEL THE EPA TO ISSUE AN NOV AGAINST MID-STATES & TO COMPEL EPA TO COMMENCE A CIVIL ACTION TO STOP CONST OF MID-STATES NEW FAC- ILITY. ON 2/21/80, THE CT ENTERED FINAL JUDGMENT IN THAT CASE, ORDERING EPA TO INITIATE A CIVIL ACTION AGAINST MID- STATES. NOT-W/WITHSTANDING THE CT'S ORDER TO INITIATE A CIV- IL ACTION EPA HAS ATTEMPTED TO NEG A STTLMNT W/MID-STATES, BUT HAS BEEN UNABLE TO DO SO. PROPOSED REMEDY: MID-STATES NEEDS TO INSTALL POLLUTION CONTROL EQUIPMENT ON ITS 10 SHIPLOADING SPOUTS AT THE EXISTING FACILITY. MID- STATES PROBABLY DOES NOT REQUIRE ADDITIONAL COMTROLS ON THE 3 SPOUTS AT ITS NEW FACILITY. IT MUST HOWEVER CONDUCT A TEST AT THE NEW FACILITY TO DEMONSTRATE THAT THE CURRENTLY INSTA- LLED EQUIPMENT CAN ACHIEVE THE LOWEST ACHIEVABLE EMISSION RATE, AS REQUIRED BY SEC 129(A)(1) OF THE CAA. NATIONALLY SIGNIFICANT ISSUES: NONE.

Defendants (1)

• MID-STATES TERMINAL, INC.Named in complaintNamed in settlement

Facilities (2)

• MID STATES TERMINALS INC

  1308 MIAMI ST, TOLEDO, OH, 43605

  Registry ID: 110001618456

• MID-STATES TERMINALS INC

  1301 MIAMI ST, TOLEDO, OH, 43601

  Registry ID: 110010721790

Statutes cited

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

Enforcement conclusions (1)

• MID-STATES TERMINALS INCentered 1985-11-08

  Primary law: CAA

  Federal penalty: $125,000

Timeline (8 milestones)

• 1979-10-10Referred To Headquarters
• 1979-10-17Referred To Dept Of Justice
• 1980-01-07Referred TO U.S. Attorney
• 1980-01-15Complaint Filed With Court
• 1985-11-08Concluded
• 1985-11-08Final Order Lodged
• 1985-11-08Final Order Entered
• 1989-09-08Enforcement Action Closed