EPA v. SIERRA TRANSIT MIX, INC.

Case summary

THE STATUTE AND REGULATION WHICH IS THE BASIS FOR THIS PROPOSED ACTION, INCLUDING STATE REGULATIONS, IF APPLICABLE IS CAA SECTIONS 111 AND 113, NEW SOURCE PERFORMANCE STANDARD FOR ASPHALT CONCRETE PLANTS, PROMULGATED UNDER CAA/111 AND 40 CFR/60.92., THE PROPOSED RELIEF TO BE SOUGHT, INCLUDES INJUNCTIVE, RELIEF AND PENALTIES OF $98,925.00. THERE ARE NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE INVOLVED IN THIS CASE. THE NEW SOURCE PERFORMANCE STANDARD (NSPS) FOR ASPHALT CONCRETE PLANTS REQUIRE AN OWNER OR OPERATOR OF AN ASPHALT CONCRETE PLANT TO PREVENT EMISSIONS FROM ANY AFFECTED FACILITY OF ANY GASES WHICH CONTAIN PARTICULATE MATTER IN EXCESS OF 90 MILLIGRAMS PER DRY STANDARD CUBIC METER (0.04 GRAIN PER DRY STANDARD CUBIC FOOT). ON TWO DIFFERENT OCCASIONS, PERFORM- ANCE TESTS AT SIERRA TRANSIT MIX, INC. SHOWED A VIOLATION OF THAT STANDARD. ON OCTOBER 19, 1983, THE GASES WHICH WERE DISCHARGED INTO THE ATMOSPHERE CONTAINED 256.2 MG. OF PARTICULATE MATTER PER DRY STANDARD CUBIC METER .114 GRAIN PER DRY STANDARD CUBIC FOOT). ON OCTOBER 30, 1984 THE PARTICULATE EMISSIONS WERE 373.5 MG PER DRY STANDARD CUBIC METER (0.166 GRAIN PER DRY STANDARD CUBIC FOOT). THEREFORE, THE PLANT WAS OUT OF COMPLIANCE ON THOSE DATES AND REGION 6 BELIEVES THAT THE PLANT WAS NOT IN COMPLIANCE AT ANY TIME BETWEEN THE FIRST AND SECOND PERFORMANCE TEST. SIERRA TRANSIT CONDUCTED A THIRD SERIES OF TESTS ON 4/25/85. ONE OF THE THREE RUNS WAS CONDUCTED UNDER PARAMETERS OUTSIDE THE ALLOWED RANGE. STILL, THE RESULTS OF THE TWO RUNS PRO- DUCED A READING OF .046 GMS/DSEF, AND INCLUSION OF THE 3RD RUN WOULD STILL RESULT IN A FINDING OF NONCOMPLIANCE. THIS SERIES OF RUNS HAS NOT BEEN FULLY ANALYZED BY THE REGION YET.

Defendants (1)

• SIERRA TRANSIT MIX, INC.Named in complaintNamed in settlement

Facilities (2)

• SIERRA TRANSIT MIX BITUMA 200TPH

  NORTH HIGHWAY 85, LAS VEGAS, NM, 87701

  Registry ID: 110007014792

• SIERRA TRANSIT MIX BITUMA 200TPH

  NORTH HIGHWAY 85, LAS VEGAS, NM, 87701

  Registry ID: 110007014792

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• SIERRA TRANSIT MIX, INC.entered 1988-03-07

  Primary law: CAA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1985-03-22Enforcement Action Data Entered
• 1985-06-20Referred To Dept Of Justice
• 1986-02-21Complaint Filed With Court
• 1988-03-07Final Order Lodged
• 1988-03-07Final Order Entered
• 1988-03-07Concluded
• 1988-03-30Enforcement Action Closed