EPA v. MORTON THIOKOL, INC.

Case summary

THE MORTON SALT DIVISION OF MORTON THIOKOL, INC., OWNS AND OPERATES A ROCK SALT CRUSHING AND SCREENING FACILITY AT WEEK ISLAND, LOUISIANA. MOST OF THE CRUSHING AND SCREENING OPERATION IS LOCATED INSIDE A BUILDING KNOWN AS THE SALT CAKE BUILDING. THE SALT CAKE BUILDING WAS USED BY THE MORTON CHEMICAL DIVISION OF MORTON THIOKOL UNTIL SUMMER OF 1983. THAT SUMMER, MORTON CHEMICAL DEMOLISHED AND REMOVED ITS MACHINERY FROM THE BUILDING AND TRANSFERRED POSSESSION OF THE BUILDING TO MORTON SALT. WHILE MORTON SALT HAD PROPOSED USING THE BUILDING TO HOUSE ITS CRUSING AND SCREE- ING OPERATION PRIOR TO THE AUGUST 31, 1983, THE EFFECTIVE DATE OF NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR NON- METALLIC MINERAL PROCESSING PLANTS, 40 C.F.R. PART 60, SUBPART 000, IT DID NOT COMMENCE CONSTRUCTION UNTIL AFTER AUGUST 31. THE FACILITY, THEREFORE, IS SUBJECT TO THE NSPS REQUIREMENTS. THE NSPS REGULATIONS REQUIRE MORTON THIOKOL TO CONDUCT PERFORMANCE TESTS ON A NUMBER OF ITEMS AT ITS WEEKS ISLAND OPERATION. MORTON THIOKOL HAS NOT CONDUCTED PERFORMANCE TESTS. THE NSPS ALSO REQUIRE MORTON THIOKOLTO INSTALL AND RECORD READING FROM TWO CONTINUOUS MONITORING DEVICES. MORTON THIOKOL HAS NOT INSTALLED THE REQUIRED DEVICES. EPA SEEKS INJUCTIVE RELIEF ORDERING MORTON THIOKOL TO COMPLY WITH THE REQUIREMENTS OF 40 C.F.R. PART 60, SUBPART 000 AND A PENALTY OF NOT LESS THAN $69,097.00.

Defendants (1)

• MORTON THIOKOL, INC.Named in complaintNamed in settlement

Facilities (2)

• MORTON INTERNATIONAL MORTON SALT DIVISION

  11217 MORTON RD., NEW IBERIA, LA, 70560

  Registry ID: 110002129241

• MORTON INTERNATIONAL MORTON SALT DIVISION

  11217 MORTON RD., NEW IBERIA, LA, 70560

  Registry ID: 110002129241

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• MORTON THIOKOL, INC.entered 1989-03-15

  Primary law: CAA

  Federal penalty: $57,600

Timeline (7 milestones)

• 1987-08-10Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1989-03-09Complaint Filed With Court
• 1989-03-15Final Order Lodged
• 1989-03-15Final Order Entered
• 1989-03-15Concluded
• 1989-04-25Enforcement Action Closed