EPA v. CALMAT CO. OF NEW MEXICO A/K/A S & S AGGREGATES, INC.

Case summary

CALMAT CO. OF NEW MEXICO OWNS AND OPERATES A NON- METALLIC MINERAL PROCESSING PLANT LOCATED ON SANDIA PUEBLO INDIAN LANDS NEAR THE CITY OF ALBUQUERQUE, NM. THE 483 ACRE PARCEL ON WHICH THE FACILITY SITS IS OWNED BY THE PUEBLO OF SANDIA AND LEASED FROM THESE INDIAN LANDS BY CALMAT FOR MINING AND AGGREGATE PROCESSING UNDER THE NAME S & S AGGREGATES, ITS PREDECESSOR IN INTEREST AT THE FACILITY. THE FACILITY, REFERRED TO AS THE CALMAT SANDIA PUEBLO ROCK PLANT, DOES NOT HAVE A STREET ADDRESS, BUT IS LOCATED OFF THE NORTHWEST CORNER OF THE INTERSECTION OF INTERSTATE HIGHWAY 25, AND TRAMWAY ROAD, ABOUT 1/4TH MILE NORTH OF THE CITY LIMITS OF THE CITY OF ALBUQUERQUE. CALMAT CO. OF NEW MEXICO IS A NEW MEXICO CORPORATION WHICH IS A WHOLLY OWNED SUBSIDIARY OF CALMAT CO., A DELAWARE CORPORATION. * THE MECHANICAL FACILITY FOR PROCESSING NON-METALLIC MINERALS (AGGREGATE) WAS FIRST OPERATIONAL UNDER THE NAME S & S AGGREGATES IN 1973, PRIOR TO THE EFFECTIVE DATE OF SECTION 000, 40 CFR 60.670 TO 60.676, RELATING TO NON-METALLIC MINERAL PROCESSING PLANTS, AND PRIOR TO THE EFFECTIVE DATE 40 CFR PART 60, SUBPART A, THE GENERAL LPROVISIONS FOR THE STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES (NSPS), MAKING THE PLANT GENERALLY EXEMPT FROM NSPS REGULATIONS UNTIL PART OF THE PLANT ACQUIRED NEW SOURCE STATUS AND BECOMING AN AFFECTED FACILITY BY DEFINITION. AT THE TIME THE NEW AFFECTED FACILITY WAS CONSTRUCTED THERE WERE NO NOTIFICATIONS TO EPA THAT THE FACILITY WAS BEING CONSTRUCTED, THAT THE FACILITY WOULD BEGIN OPERATIONS, OR THAT THE FACILITY HAD COMMENCED OPERATION, NOR WAS THERE PERFORMANCE TESTING DONE AFTER COMMENCING OPERATIONS, AS REQUIRED BY 40 CFR PART 60. * THE CITY OF ALBUQUERQUE DETECTED SIGNIFICANT PARTICULATE EMISSIONS DURING TESTING CONDUCTED IN THE AREA OF THE CALMAT FACILITY. THE RESULTS OF THIS AMBIENT MONITORING MAY AFFECT THE PENDING REDESIGNATION OF AREA CLASSIFICATIONS FOR THE ALBUQUERQUE AREA COUNTIES AS 'ATTAINMENT' OR 'NON-ATTAINMENT' AREAS PURSUANT TO SECTION 107 OF THE ACT, 42 USC 7407. THE CALMAT SITE LIES IN BOTH BERNALILLO COUNTY (ALONG WITH ALBUQUERQUE) AND SANDOVAL COUNTY TO THE NORTH, BOTH OF WHICH ARE AT RISK OF BEING REDESIGNATED AS NON- ATTAINMENT AREAS DUE TO EXCEEDANCES OF THE PM10 STANDARDS AT THE AMBIENT MONITORING SITE NEAR CALMAT. CALMAT WAS DETERMINED TO BE THE SOURCE OF SOME OF THE DETECTED EMISSIONS. BECAUSE THE CALMAT FACILITY IS ON SANDIA PUEBLO INDIAN LAND, IT IS OUTSIDE THE JURISDICTION OF THE STATE OF NEW MEXICO AND THE CITY OF ALBUQUERQUE FOR THE PURPOSES OF REQUESTING INFORMATION FOR, AND ENFORCING, STATE ENVIRONMENTAL REGULATIONS. EPA WAS REQUESTED TO OBTAIN INFORMATION ABOUT THE OPERATION OF THE CALMAT FACILITY AND THE EMISSIONS FROM IT. * EPA INSPECTED THE FACILITY ON 12/19/90. ON 11/4/91 EPA SENT CALMAT A REQUEST FOR INFORMATION UNDER SECTION 114 OF THE ACT TO GET ADDITIONAL INFORMATION ON OPERATIONS AND EQUIPMENT. THEIR RESPONSE DATED 1/3/92 AND THE INFORMATION OBTAINED IN THE INSPECTION INDICATED THAT THE MINERAL MINING AND PROCESSING FACILITY HAD COMMENCED CONSTRUCTION AND OPERATIONS WITHOUT THE PROPER NOTIFICATIONS AND PERFORMANC

Defendants (1)

• CALMAT CO. OF NEW MEXICONamed in complaintNamed in settlement

Facilities (1)

• INDUSTRIAL ASPHALT

  TRAMWAY RD @ I-25, ALBUQUERQUE, NM, 87113

  Registry ID: 110010626643

Statutes cited

• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• US V CALMAT CO. OF NEW MEXICOentered 1996-04-18

  Primary law: CAA

  Federal penalty: $35,400

Timeline (8 milestones)

• 1991-10-01Enforcement Action Data Entered
• 1992-06-28PRN Sent
• 1992-06-28Referred To Dept Of Justice
• 1996-04-05Complaint Filed With Court
• 1996-04-18Final Order Lodged
• 1996-04-18Final Order Entered
• 1996-04-18Concluded
• 1996-09-23Enforcement Action Closed