EPA v. MCKINNEY CRUSHING COMPANY, INC., A TEXAS CORPORATION

Case summary

1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(D). 2. MCKINNEY CRUSHING COMPANY, INC., A TEXAS CORPORATION FM ROAD 429 NEAR ABLE SPRINGS ABLE SPRINGS, TERRELL COUNTY, TEXAS 75160 3. RESPONDENT WAS IN VIOLATION OF SECTION 110 ( STATE IMPLE- MENTATION PLAN (SIP) OF THE CAA BY 1) FAILURE TO OPERATE THE WATER SPRAY SYSTEMS AT THE PRIMARY CRUSHER, SECONDARY CRUSHER, PRIMARY SCREEN AND TRANSFER POINTS, 2) FAILURE TO SPRINKLE FACILITY ROADS AND STOCKPILES WITH WATER AND/ OR APPROPRIATE CHEMICALS, 3) FAILURE TO MAINTAIN RECORDS OF DAILY AND ANNUAL PRODUCTION THROUGHPUT, FAILURE TO MAINTAIN RECORDS OF INSPECTIONS OF AIR POLLUTION ABATE- MENT EQUIPMENT AND FAILURE TO MAINTAIN RECORDS OF MAL- FUNCTIONS AND REPAIRS OF ANY AIR POLLUTION ABATEMENT E- QUIPMENT, 4) FAILURE TO KEEP ON-SITE A PROCESS FLOW DIA- GRAM WHICH IDENTIFIES ALL PERMITTED FACILITIES WITH AN EMISSION POINT NUMBER AS LISTED ON THE MAXIMUM ALLOWABLE EMISSION RATES TABLE, AND 5) FAILURE TO HAVE A COPY OF THE PERMIT AT THE PLANT SITE AND MADE AVAILABLE AT THE REQUEST OF PERSONNEL FROM THE TNRCC OR ANY LOCAL AIR POL- LUTION CONTROL AGENCY HAVING JURISDICTION. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA PROPOSED A CIVIL PENALTY OF $160,000 FOR THE VIOLATIONS CITED.

Defendants (1)

• MCKINNEY CRUSHING COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• MCKINNEY CRUSHING CO INC

  FM 429 N, TERRELL, TX, 75160

  Registry ID: 110010782162

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• MCKINNEY CRUSHING COMPANYentered 2000-10-06

  Primary law: CAA

  Federal penalty: $89,000

Timeline (4 milestones)

• 1999-03-31Complaint Filed/Proposed Order
• 1999-04-01Enforcement Action Data Entered
• 2000-10-06Final Order Issued
• 2007-07-20Enforcement Action Closed