EPA v. BIG RIVER ZINC CORP

Case summary

Big River Zinc Corporation (BRZ) owns a zinc smelter in Sauget, Illinois. This plant is subject to, among other things, Clean Air Act (Act) provisions for the New Source Performance Standards (NSPS) for primary zinc smelters at 40 C.F.R. Part 60, Subparts A and Q. On August 15, 2003, EPA issued a Finding of Violation (FOV) to BRZ, alleging violations of the applicable NSPS regulations. More specifically, the FOV stated that BRZ had replaced the Sauget facility's two zinc roasters, affected facilities under the NSPS regulations, without providing notification to the Administrator and conducting performance tests. The FOV also alleged that BRZ was violating Subpart Q sulfur dioxide emission limits in 40 C.F.R. 60.173(a). The source ceased its zinc roasting operations in early 2006, alleging financial hardship caused by high raw material prices. Under the CD, BRZ must pay a civil penalty of $250,000, an amount based upon its poor financial condition as well as its agreement to commit to a more stringent level of control than is currently required by the primary zinc NSPS. The CD also requires BRZ to: 1) Pay stipulated penalties; 2) Apply to the Illinois EPA to incorporate Decree requirements into a federally enforceable construction permit or State Implementation Plan submission, as well as into BRZ's Title V operating permit; 3) Comply with all applicable laws in the event that BRZ decides to use its roasters for operation other than zinc roasting; and 4) Submit reports to EPA on a quarterly basis. As a result of the injunctive relief required by the CD, Region 5 estimates emission reductions in SO2 of 2,570 tons/year.

Defendants (1)

• BIG RIVER ZINC CORPNamed in complaintNamed in settlement

Facilities (2)

• JET ENTERPRISES & HOLDING CO LLC

  2401 MISSISSIPPI AVE, SAUGET, IL, 62201-1078

  Registry ID: 110018344077

• JET ENTERPRISES & HOLDING CO LLC

  2401 MISSISSIPPI AVE, SAUGET, IL, 62201-1078

  Registry ID: 110018344077

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BIG RIVER ZINC CORPentered 2010-06-30

  Primary law: CAA

  Federal penalty: $250,000

Timeline (7 milestones)

• 2003-12-24Referred To Dept Of Justice
• 2004-02-09Enforcement Action Data Entered
• 2010-04-15Final Order Lodged
• 2010-04-15Complaint Filed With Court
• 2010-06-30Final Order Entered
• 2016-08-30Enforcement Action Closed
• 2016-08-30Air Resolved