EPA v. DYKEMA EXCAVATORS

Case summary

Region 5 and Dykema Excavators, Inc., entered into a Consent Agreement and Final Order (CAFO) on June 11, 2012. The CAFO is commencing and concluding a Notice and Finding of Violation sent to Dykema on September 13, 2011, alleging violations of the New Source Performance Standards for Nonmetallic Mineral Processing Plants, 40 C.F.R. Part 60, Subpart OOO, and the Michigan State Implementation Plan. The CAFO alleges Dykema failed to submit Permit to Install applications for six relocations of its portable gravel crusher at two locations, in Belmont and Grand Rapids, Michigan. Region 5 obtained a penalty of $20,310, which took into consideration the Respondent’s immediate compliance, quick settlement, and Dykema’s commitment to perform a pollution reduction Supplemental Environmental Project consisting of converting the Grand Rapids plant’s power source from diesel fuel to electric power. The SEP is estimated to result in a decrease of NOx of 4,500 pounds per year. The cost of the SEP will be at least $80,000.

Defendants (1)

• DYKEMA EXCAVATORSNamed in complaintNamed in settlement

Facilities (1)

• DYKEMA EXCAVATORS

  1730 THREE MILE ROAD, NORTH EA, GRAND RAPIDS, MI, 49505

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• DYKEMA EXCAVATORSentered 2012-06-14

  Primary law: CAA

  Federal penalty: $20,310 · SEP: $80,000

Timeline (3 milestones)

• 2012-06-14Final Order Issued
• 2012-06-14Complaint Filed/Proposed Order
• 2012-06-25Enforcement Action Data Entered