EPA v. R.I. BUSSE, INC.

Case summary

R.I. BUSSE, INC. OWNS AND OPERATES A ROCK CRUSHING FACILITY AT THE ABOVE ELK GROVE VILLAGE ADDRESS, WHICH IS SUBJECT TO NSPA SUBPART OOO, NONMETALLIC MINERAL PROCESSING. SUB- PART OOO STIPULATES A 15% OPACITY LIMIT ON ROCK CRUSHERS. IN RESPONSE TO A CITIZEN COMPLAINT, THIS SITE WAS INSPECTED ON JULY 23, 1998, AND VIOLATION OF THE 15% OPACITY LIMIT WAS DOCUMENTED AT THE PRIMARY CRUSHER. ON A FOLLOW-UP INSPECTION LON JULY 27, 1998, ANOTHER VIOLATION OF THE 15% OPACITY LIMIT WAS AGAIN DOCUMENTED AT THE PRI(?) CRUSHER. ON SEPTEMBER 1, 1998, U.S. EPA ISSUED A FINDING OF VIOLATION TO R.I. BUSSE, INC.(BUSSE), ELK GROVE VILLAGE, ILLINOIS, FOR VIOLATIONS OF THE FEDERAL NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR NONMETALLIC MINERAL PROCESSING PLANTS AND THE NSPS GENERAL PROVISIONS. BUSSE EXCEEDED THE NSPS OPACITY LIMITS AT THE PRIMARY ROCK CRUSHER AND FAILED TO OPERATE WATER SPRAYS IN A MANNER ADEQUATE TO CONTROL DUST. OPACITY IS THE AMOUNT OF LIGHT OBSCURED BY PARTICULATES (DUST, SMOKE, ADSH). THE VIOLATIONS WERE DETERMINED BY U.S. EPA INSPECTIONS IN JULY OF 1988. ON DECEMBER 7, 1998, THE U.S. EPA, REGION 5, FILED AN ADMINISTRATIVE PENALTY COMPLAINT, PROPOSING A CIVIL PENALTY IN THE AMOPUNT OF $55,000 AGAINST BUSSE. THE COMPLAINT ALLEGED THAT BUSSE VIOLATED THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR NONMETALLIC MINERAL PROCESSING PLANTS AND THE NSPS GENERAL PROVISIONS. SPECIFI- CALLY, EMISSIONS FROM BUSSE'S PRIMARY ROCK CRUSHER EXCEEDED THE OPACITY LIMITS OF THE NSPS, AND BUSSE FAILED TO OPERATE ITS EQUIPMENT IN A MANNER CONSISTENT WITH GOOD AIR POLLUTION CONTROL PRACTICES. REPRESENTATIVES OF BUSSE MET WITH U.S. EPA ON OCTOBER 14, 1998, TO DISCUSS THE VIOLATIONS AND STEPS BUSSE HAS TAKEN TO ACHIEVE AND MAINTAIN COMPLIANCE WITH THE ABOVE STANDARDS. ON MARCH 5, 1999, U.S. EPA AND BUSSE, ENTERED INTO A CONSENT AGREEMENT AND CONSENT ORDER SETTLING THE ENFORCEMENT ACTION AGAINST BUSSE'S ELK GROVE WILLAGE ROCK CRUSHING FACILITY. THE SETTLEMENT REQUIRES BUSSE TO PAY A CASH PENALTY OF $27,500 AND TO CERTIFY AND MAINTAIN CONTINUOUS COMPLIANCE WITH THE CLEAN AIR ACT.

Defendants (1)

• R.I. BUSSE, INC.Named in complaintNamed in settlement

Facilities (2)

• R.I. BUSSE INC.

  1520 MIDWAY CT., ELK GROVE VILLAGE, IL, 60007

  Registry ID: 110002391180

• R.I. BUSSE INC.

  1520 MIDWAY CT., ELK GROVE VILLAGE, IL, 60007

  Registry ID: 110002391180

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• R. I. BUSSE, INCentered 1999-03-03

  Primary law: CAA

  Federal penalty: $27,500

Timeline (4 milestones)

• 1998-08-31Enforcement Action Data Entered
• 1998-12-07Complaint Filed/Proposed Order
• 1999-03-03Final Order Issued
• 1999-03-31Enforcement Action Closed