EPA v. MAYVILLE LIMESTONE, INC.

Case summary

ON SEPTEMBER 20, 2000, UNITED STATES ENVIRONMENTAL PROTEC- TION AGENCY (U.S. EPA) REGION 5 ISSUED A NOTICE OF VIOLATION (NOV) AND A FINDING OF VIOLATION (FOV) UNDER THE CLEAN AIR ACT TO MAYVILLE LIMESTONE, INC. (MAYVILLE) AT W 2848 STATE HIGHWAY 33, MAYVILLE, WISCONSIN. THE NOV & FOV ALLEGE THAT MAYVILLE VIOLATED THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR NONMETALLIC MINERAL PROCESSING PLANTS, A FEDERAL- LY ENFORCEABLE STATE OPERATING PERMIT (FESOP) CONDITIONS AND THE WISCONSIN STATE IMPLEMENTATION PLAN (SIP). SPECIFICALLY MAYVILLE'S OIL FIRED ROTARY DRYER (P30/S10) AND PRIMARY CRUSHERS, TERTIARY CRUSHERS AND RAIL LOADOUTS (P50/60/90/S13 ) HAVE VIOLATED 40 C.F.R. 52.23, AND THE WISCONSIN SIP RULE NR 407, BY FAILING TO COMPLY WITH PERMIT CONDITIONS IN A WISCONSIN DEPARTMENT OF NATURAL RESOURCES (WDNR) PERMIT ISSUED UNDER FEDERALLY APPROVED STATE OPERATING PERMITTING REGULATIONS. IN ADDITION, MAYVILLE VIOLATED THE REQUIREMENT S OF 40 C.F.R. 60.11 AND 60.675(B)(2) BY FAILING TO DETERMIN E COMPLIANCE WITH THE PARTICULATE MATTER STANDARDS IN 60.672 (A); VIOLATED 40 C.F.R. 60.675(D) BY FAILING TO USE METHOD 22 TO DETERMINE FUGITIVE EMISSIONS FROM A BUILDING; AND VIOLATED 40 C.F.R. 60.676(I) BY FAILING TO NOTIFY THE ADMINISTRATOR OF ACTUAL DATE OF AN INITIAL START UP OF A SECO SCREEN. ON DECEMBER 21, 2000, U.S. EPA SENT A NOTICE OF INTENT TO FILE CIVIL ADMINISTRATIVE COMPLAINT AGAINST MAYVILLE LIME- STONE, INC. IN A LETTER, U.S. EPA MENTIONED ITS PLAN TO PROPOSE A CIVIL PENALTY OF $193,122 IN THE COMPLAINT. ON OCTOBER 5, 2001, THE REGIONAL ADMINISTRATOR SIGNED A FINAL ORDER RESOLVING CLEAN AIR ACT VIOLATIONS BY MAYVILLE LIMESTONE, INC., (MAYVILLE) AT ITS MAYVILLE, WISCONSIN FACI- LITY. AS PART OF THE SETTLEMENT, MAYVILLE WILL IMPLEMENT THREE SUPPLEMENTAL ENVIRONMENTAL PROJECTS (SEPS) AT ITS FACILITY TO CONTROL FUGITIVE PARTICULATE EMISSIONS. THE SEPS ARE VALUED AT $115,000 AND MAYVILLE WILL PAY A CIVIL PENALTY OF $36,686 TO RESOLVE THIS MATTER. THIS ACTION WAS COMMENCED AND CONCLUDED THROUGH THE CAFO.

Defendants (1)

• MAYVILLE LIMESTONE, INC.Named in settlement

Facilities (1)

• MAYVILLE LIMESTONE INCORPORATED

  W2848 STH #33, MAYVILLE, WI, 53050

  Registry ID: 110064215040

Statutes cited

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

Enforcement conclusions (1)

• MAYVILLE LIMESTONE, INC.entered 2001-10-18

  Primary law: CAA

  Federal penalty: $36,686

Timeline (3 milestones)

• 2001-10-18Complaint Filed/Proposed Order
• 2001-10-18Final Order Issued
• 2002-02-05Enforcement Action Data Entered