EPA v. MONTGOMERY AGGREGATE PRODUCTS & WILLIAM MONTGOMERY

Case summary

On September 24, 2003, U.S. EPA's Air and Radiation Division issued an administrative complaint for alleged Clean Air Act violations by Montgomery Aggregate Products (MAP) in Sault Ste. Marie, Michigan. Specifically, U.S. EPA believes Montgomery Aggregate Products (MAP) failed to obtain a construction permit for its sand and gravel quarry, to conduct timely particulate emissions testing, and to submit reports required by U.S. EPAýs New Source Performance Standards for Nonmetallic Mineral Processing Plants. Since U.S. EPA believes MAP is now in compliance, it is proposing a civil penalty to resolve the matter administratively. U.S. EPA is also offering the company an opportunity to reduce the penalty if the company pursues acceptable environmentally beneficial projects (SEPs). Acceptable SEPs include diesel engine retrofits to reduce MAPs truck emissions, diesel retrofits for school buses, or improvements made to the company's operations that go beyond compliance. This case was resolved judicially on 6/27/2007.

Defendants (1)

• MONTGOMERY AGGREGATE PRODUCTS & WILLIAM MONTGOMERYNamed in complaintNamed in settlement

Facilities (2)

• MONTGOMERY AGGREGATE PRODUCTS

  PLANT SOLD, NO OPERATION IN 20, SAULT S MARIE, MI, 49783

  Registry ID: 110012711315

• MONTGOMERY AGGREGATE PRODUCTS #83-02

  PLANT SOLD, NO OPERATION IN 20, SAULT STE. MARIE, MI, 49783

  Registry ID: 110012711315

Statutes cited

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

Enforcement conclusions (1)

• MONTGOMERY AGGREGATE PRODUCTS & WILLIAM MONTGOMERY

  Primary law: CAA

  Federal penalty: $42,000

Timeline (3 milestones)

• 2003-09-25Complaint Filed/Proposed Order
• 2003-10-08Enforcement Action Data Entered
• 2004-02-26Enforcement Action Closed