EPA v. NORTON CRUSHING INCORPORATED, A TEXAS CORPORATION

Case summary

1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. 2. NORTON CRUSHING INCORPORATED 314 KAUFMAN COUNTY ROAD TERRELL, KAUFMAN COUNTY, TEXAS 75160 3. RESPONDENT WAS IN VIOLATION OF THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) OF SECTION 111 OF THE CAA AND THE TEXAS STATE IMPLEMENTATION PLAN (SIP) UNDER SECTION 110 OF THE CAA BY: 1) FAILURE TO OPERATE WITHIN THE PRODUCTION LIMITS AND REPRESENTED RATES AS REQUIRED; 2) FAILURE TO HAVE A COPY OF THE CURRENT PERMIT ON SITE AS REQUIRED; 3) FAILURE TO SUBMIT NOTIFICATIONS FOR 6 BELT CONVEYORS AS REQUIRED; 4) FAILURE TO SUBMIT NOTIFICATIONS FOR 6 CON- VEYORS BELTS AS REQUIRED AND ADDITIONAL INFORMATION AS REQUIRED; 5) FAILURE TO CONDUCT INITIAL OPACITY TESTS ON 12 CONVEYOR BELTS AS REQUIRED; AND 6) FAILURE TO TIMELY RESPOND TO A SECTION 114 INFORMATION REQUEST AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA SUBMIT THIS DIRECT REFERRAL REQUESTING DOJ INITIATE A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT. SINCE NORTON IS NO LONGER OPERATING, INJUNCTIVE RELIEF IS NOT NECESSARY, BUT PRELIMINARY CALCULATIONS INDICATE THAT THE PENALTY SOUGHT TO SETTLE THE VIOLATIONS IS $773,262.00.

Defendants (1)

• NORTON CRUSHING INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• NORTON CRUSHING INC

  314 KAUFMAN COUNTY RD, TERRELL, TX, 75160

  Registry ID: 110013724103

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• Norton Crushing, Inc. Consent Decreeentered 2003-07-28

  Primary law: CAA

  Federal penalty: $35,000

Timeline (6 milestones)

• 1999-09-30Referred To Dept Of Justice
• 1999-10-01Enforcement Action Data Entered
• 2002-07-29Complaint Filed With Court
• 2003-07-28Final Order Entered
• 2003-07-28Final Order Lodged
• 2006-12-31Enforcement Action Closed