EPA v. ELMER'S CRANE AND DOZER, INC.

Case summary

ELMER'S CRANE AND DOZER, INC. ( ELMER'S ) OWNS THREE PORT- ABLE NONMETALLIC MINERAL PROCESSING PLANTS (THE PLANTS ) (COMMONLY KNOWN AS SAND AND GRAVEL CRUSHING PLANTS) IN LEELANAU COUNTY AND GRAND TRAVERSE COUNTY, MICHIGAN. THE THREE PLANTS CONSIST OF THE FOLLOWING: (1) THE CEDARAPIDS 1274 PLANT ( CEDARAPIDS PLANT ) IN MAPLE CITY, MICHIGAN; (2) THE 103-VSI IMPACT SERVICE CORPORATION PLANT ( 103-VSI PLANT ) IN MAPLE CITY; MICHIGAN; AND (3) THE 66 SPOKANE - VSI PLANT ( 66 SPOKANE PLANT ) WERE INSTALLED AND COMMENCED OPERATIONS ON SEPTEMBER 20, 1994, AUGUST 11, 1995, AND NOVEMBER 1, 1992, RESPECTIVELY. EACH OF THE THREE PLANTS WAS INSTALLED AND OPERATED WITHOUT AIR USE PERMITS REQUIRED PURSUANT TO THE MICHIGAN STATE IMPLEMENTATION PLAN ( SIP ). IN ADDITION, ELMER'S FAILED TO PROVIDE REQUIRED WRITTEN NO- TIFICATIONS OF CONSTRUCTION AND OPERATION OF THE PLANTS TO U.S. EPA. ELMER'S ALSO FAILED TO TIMELY CONDUCT PERFORMANCE TESTS AT EACH OF THE PLANTS. SUBSEQUENT ATTEMPTS AT COMPLI- ANCE WITH PERFORMANCE TEST REQUIREMENTS FAILED TO FOLLOW REQUIRED TEST METHODOLOGIES AND CONDITIONS. WRITTEN NOTIFI- CATIONS, PERFORMANCE TESTS AND CORRESPONDING TEST METHODS AND CONDITIONS ARE REQUIRED BY NEW SOURCE PERFORMANCE STAN- DARDS ( NSPS ), 40 CFR PART 60, SUBPARTS A AND 000, PROMUL- GATED UNDER SECTION 111 OF THE CLEAN AIR ACT, 42 U.S.C. SEC. 7411. ELMER'S PERFORMANCE TESTS DID NOT INDICATE VIOLATIONS OF OPACITY LIMITS. HOWEVER, U.S. EPA BELIEVES THAT FUGITIVE EMISSIONS PROBABLY VIOLATE OPACITY LIMITS AT THE PLANTS DURING DRY CONDITIONS. U.S. EPA SEEKS THE ASSESSMENT OF CIVIL PENALTIES FOR ELMER'S VIOLATIONS OF THE MICHIGAN SIP AND NSPS REQUIREMENTS. ADDITIONALLY, U.S. EPA MAY REQUEST INJUNCTIVE RELIEF REQUIRING ELMER'S TO INSTALL DEVICES, SUCH AS WATER SPRAYS, TO CONTROL FUGITIVE EMISSIONS, IF EVIDENCE IS DEVELOPED THAT SHOWS ELMER'S TO BE IN VIOLATION OF NSPS OPACITY LIMITS FOR PARTICULATE MATTER.

Defendants (1)

• ELMER'S CRANE AND DOZER, INC.Named in settlement

Facilities (2)

• ELMERS CRANE & DOZER INCORPORATED

  10212 S COLEMAN RD, MAPLE CITY, MI, 49664

  Registry ID: 110021107443

• ELMERS CRANE & DOZER INC

  NW4 OF SEC 15 T25N R1, KARLIN, MI, 49643

  Registry ID: 110007315958

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (3)

• ELMER'S CRANE AND DOZERentered 1999-11-23

  Primary law: CAA

  Federal penalty: $168,000

• ELMER'S CRANE AND DOZERentered 1999-11-23

  Primary law: CAA

  Federal penalty: $168,000

• ELMER'S CRANE AND DOZERentered 1999-11-23

  Primary law: CAA

  Federal penalty: $168,000

Timeline (7 milestones)

• 1997-09-19Referred To Dept Of Justice
• 1997-10-21Enforcement Action Data Entered
• 1999-05-21Complaint Filed With Court
• 1999-09-07Final Order Lodged
• 1999-11-23Final Order Entered
• 1999-11-23Concluded
• 2000-01-31Enforcement Action Closed