EPA v. S. H. BELL COMPANY

Case summary

S.H. Bell (Bell) owns and operates two ore crushing terminals located in East Liverpool, Ohio. In May 2001 a Finding of Violation and a Notice of Violation were issued to Bell alleging violations of the Ohio State Implementation Plan (SIP), the General Provisions of the New Source Performance Standards (NSPS), and failure to timely submit an appropriate permit application required by Section 503(a) and (c) of the CAA and 40 C.F.R. Section 70.5(a). On August 29, 2002, Bell submitted FESOP permit applications to Ohio EPA and Pennsylvania DEP. Bell was subject to the NSPS for nonmetallic mineral processing and failed to send an initial notification to US EPA and failed to timely conduct the required performance testing. In July 2001, Bell completed the required performance test and in their FESOP applications, restricted themselves from crushing nonmetallic minerals.

Defendants (1)

• S. H. BELL COMPANYNamed in complaintNamed in settlement

Facilities (2)

• S H BELL CO - RIVER TERMINAL

  1 SAINT GEORGE ST, EAST LIVERPOOL, OH, 43920

  Registry ID: 110045485827

• S H BELL - STATELINE TERMINAL

  2217 MICHIGAN AVE, EAST LIVERPOOL, OH, 43920

  Registry ID: 110008645733

Statutes cited

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

Enforcement conclusions (1)

• S. H. BELL COMPANYentered 2008-04-23

  Primary law: CAA

  Federal penalty: $50,000 · SEP: $386,952

Timeline (7 milestones)

• 2002-05-01Referred To Dept Of Justice
• 2002-10-10Enforcement Action Data Entered
• 2008-01-14Final Order Lodged
• 2008-01-14Complaint Filed With Court
• 2008-04-23Final Order Entered
• 2009-08-24Concluded
• 2009-09-24Enforcement Action Closed