EPA v. MUSKEGON ASPHALT PAVING COMPANY

Case summary

I. SYNOPSIS MUSKEGON ASPHALT PAVING, (HERINAFTER REFERRED TO AS MAP ), PERFORMS ASPHALT CONCRETE MANUFACTURING OPERATIONS ON A SEASONAL BASIS IN MUSKEGON, MICHIGAN. THE MUSKEGON PLANT STARTED OPERATION IN 1974 AND IS THUS SUBJECT TO THE FEDERAL STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES, ALSO KNOWN AS NEW SOURCE PERFORMANCE STANDARDS ( NSPS ), AT 40 C.F.R. PART 60, INCLUDING 40 C.F.R. SECTION 60.8 (PER- FORMANCE TESTING) AND 40 C.F.R. SECTION 60.92 (STANDARD FOR PARTICULATE MATTER). THESE REGULATIONS WERE PROMULGATED PERSUANT TO SECTIONS 111(B) AND 114(A) OF THE CLEAN AIR ACT ( ACT ), 42 U.S.C. SECTION 7411(B) AND 7414(A). ALTHOUGH THE PLANT HAD BEEN OPERATING FOR ELEVEN YEARS, THE SOURCE FAILED TO CONDUCT A NSPS PERFORMANCE TEST AND SUBMIT THE REPORT AS REQUIRED BY 40 C.F.R. SECTION 60.8, TO DEMONSTRATE COMPLIANCE WITH THE PARTICULATE MATTER STANDARD. 40 C.F.R. SECTION 60.8 REQUIRES THAT A SOURCE SUBJECT TO NSPS CONDUCT A PERFORMANCE TEST AND SUBMIT THE RESULTS NO LATER THAN 180 DAYS AFTER START-UP. THE UNITED STATES ENVI- RONMENTAL PROTECTION AGENCY ( U.S. EPA ), REGION V SENT A REQUEST FOR INFORMATION TO MAP ON JULY 10, 1985, REQUESTING MAP TO SUBMIT TO U.S. EPA AN AIR POLLUTANT EMISSIONS REPORT, INCLUDING ANY STACK TESTS THAT MAY HAVE BEEN PERFORMED (AT- TACHMENT 1). MAP RESPONDEND BY ASKING FOR SUFFICIENT TIME TO FILL OUT THE RESPONSE. IN THE MEANTIME, MAP CONDUCTED A PERFORMANCE TEST (STACK TEST OF PARTICULATE EMISSIONS). THE RESPONSE TO THE REQUEST FOR INFORMATION INCLUDING THE STACK TEST RESULTS WAS RECEIVED BY U.S. EPA ON SEPTEMBER 23, 1985. (ATTACHMENT 2). MAP'S RESPONSE INDICATED THAT THE PLANT IS A HOT MIX ASPHALT PLANT, BUT THE DATE THAT MAP COMMENCED CONSTRUCTION WAS NOT CLEAR FROM THE RESPONSE. FURTHER COR- RESPONDENCE FROM MAP INDICATED THAT IT HAD COMMENCED CON- STRUCTION IN MARCH, 1974. BASED ON THE STACK TEST RESULTS RECEIVED ON SEPTEMBER 23, 1985, U.S. EPA DETERMINED THAT THE MUSKEGON PLANT HAD AN AVERAGE PARTICULATE EMISSION RATE OF 90 MG/DSCM (0.04 GR/DSCF).

Defendants (1)

• MUSKEGON ASPHALT PAVING COMPANYNamed in complaintNamed in settlement

Facilities (1)

• ASPHALT PAVING INCORPORATED

  1000 E SHERMAN, MUSKEGON, MI, 49444

  Registry ID: 110001841017

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• MUSKEGON ASPHALT PAVINGentered 1989-03-21

  Primary law: CAA

  Federal penalty: $7,500

Timeline (7 milestones)

• 1987-03-31Enforcement Action Data Entered
• 1987-03-31Referred To Dept Of Justice
• 1987-05-27Complaint Filed With Court
• 1989-03-21Final Order Entered
• 1989-03-21Concluded
• 1989-03-21Final Order Lodged
• 1990-03-21Enforcement Action Closed