EPA v. NORTHWESTERN STATES PORTLAND CEMENT CO.

Case summary

SYNOPSIS OF THE CASE A. DEFENDANT'S FACILITY AND BUSINESS THE FACILITY IS ENGAGED IN THE MANUFACTURE OF PORTLAND CEMENT, SIC CODE 3241. THE FACILITY UTILIZES THE DRY PRO- CESS. TOTAL PRODUCTION CAPACITY IS APPROXIMATELY 2,850 TONS OF CLINKER PER DAY. CEMENT IS SHIPPED FROM THE FACILITY BOTH BAGGED AND IN BULK. SHIPPING IS PREDOMINANTLY BY TRUCK WITH THE BALANCE BY RAIL. THE FACILITY UTILIZES ONE LIMESTONE QUARRY AND TWO CLAY PITS. THE LIMESTONE QUARRY IS LOCATED APPROXIMATELY THREE MILES NORTHWEST OF THE FACILITY. THE PRIMARY CRUSHER IS LOCATED AT THE QUARRY WITH THE CRUSHED LIMESTONE TRUCKED TO THE FACILITY. FUGITIVE DUST AT THE LIMESTONE QUARRY AND FACILITY IS CONTROLLED BY A WATER WAGON. THE HAUL ROAD FROM THE LIMESTONE QUARRY IS OILED. ONE CLAY PIT IS LOCATED IN THE SOUTHWESTERN PORTION OF THE CITY AND CLAY IS BROUGHT FROM THIS PIT BY SELF-PROPELLED SCRAPER. THE OTHER CLAY PIT IS LOCATED SOUTHEAST OF THE CITY. CLAY IS BROUGHT FROM THIS PIT BY TRUCK. THERE IS ONE ROTARY CLAY DRYER AT THE FACILITY. THIS DRYER IS NATURAL GAS-FIRED (INTERRUPTIBLE SERVICE) WITH NO. 2 FUEL OIL STANDBY. EMISSIONS FROM THIS DRYER ARE CON- TROLLED BY A MULTICLONE AND ELECTROSTATIC PRECIPITATOR. THERE ARE NOW THREE KILNS AT THE FACILITY. THE APPROX- IMATE CLINKER PRODUCTION CAPACITIES & DESIGNATIONS OF THESE KILNS ARE AS FOLLOWS: NO. 1 KILN, 500 TONS/DAY; NO. 2 KILN, 1,500 TONS/DAY; NO.3 KILN, 850 TONS/DAY. THESE KILNS ARE NATURAL GAS-FIRED (INTERRUPTIBLE SERVICE) WITH COAL STANDBY; HOWEVER, COAL IS NOW THE PREDOMINANT FUEL. B. VIOLATIVE CONDUCT- ON JANUARY 19, 1983, EPA REGION VII ISSUED A SECTION 113(A)(1) NOTICE OF VIOLATION (NOV) TO DEFENDANT FOR VIOLATION OF IOWA ADMIN CODE REG 4.3(2)C(2), RENUMBERD AS CHAPTER 23.3(2)C(2), FUGITIVE DUST - NONATTAIN- MENT AREAS. THE NOV WAS BASED ON OBSERVATIONS MADE BY IOWA DEPARTMENT OF ENVIRONMENTAL QUALITY (NOW IOWA DEPARTMENT OF WATER, AIR, AND WASTE MANAGEMENT) PERSONNEL OF FUGITIVE DUST BEYOND THE DEFENDANT'S PROPERTY LOT LINE. ON JULY 11 AND 12, 1983, MR. HARRY GILMER, EPA, REGION VII INSPECTOR, DOCUMENTED CONTINUING VIOLATION OF REG 4.3(2)C(2), REVISED CHPT 23.3(2)C(2), AT DEFENDANT'S FACILITY, IN THAT HE MADE OBSERVATIONS OF FUGITIVE DUST BEYOND THE DEFENDANT'S PRO- PERTY LOT LINE. A COPY OF MR. GILMER'S INSPECTION REPORT IS ATTACHED AND CONTAINS A DETAILED DESCRIPTION OF HIS OB- SERVATION. ON OCTOBER 28, 1983, JAMES MACDONALD, EPA RE- GION VII INSPECTOR, DOCUMENTED A CONTINUING VIOLATION OF REG 4.3(2)C(2), REV CHPT 23.3(2)C(2), IN THAT HE MADE OBSER- VATIONS OF FUGITIVE DUST BEYOND THE DEFENDANT'S PROPERTY LOT LINE. THE IOWA STATE AGENCY INSPECTOR, GREGG CUNNING- HAM, ALSO DOCUMENTED VIOLATIONS ON OCTOBER 11, 12, 13, 1983 AS WELL AS IN JUNE & JULY. IT SHOULD BE NOTED THAT ALTHOUGH THE STATE INSPECTIONS ARE DESIGNATED AS WINDSHIELD INSPECTIONS, THE INSPECTOR DID LEAVE HIS VEHICLE AND GO TO VARIOUS PLACES TO DOCUMENT FUGITIVE DUST. THE STATE AGENCY DESIGNATION AS WINDSHIELD INSPECTIONS MERELY MEANS EACH EMISSION POINT AND PIECE OF CONTROL EQUIPMENT AT A FACILITY IS VIEWED. THESE INSPECTIONS ARE THEREFORE VALID DOCUMENTATIONS OF VIOLATIONS THESE CONTINUING VIOLATIONS ARE THE BASIS OF THIS ACTION. THIS IS A MAJOR SOURCE {CAA, SECT 302(J)} LOCATED IN A PRI- MARY NONATTAINMENT AREA, AND IS THEREFORE SUBJECT TO THE ADMINISTRATOR'S ENFORCEMENT POLICY SET OUT IN THE SEPTEMBER 20, 1982, MEMORANDUM ENTITLED ENFORCEMENT ACTION AGAINST STATIONARY AIR SOURCES WHICH WILL NOT BE IN COMPLIANCE BY DECEMBER 31, 1982. C. EPA'S AUTHORITY TO BRING AN ACTION - SECTIONS 113(A)(1) AND 113(B) OF THE CLEAN A

Defendants (1)

• NORTHWESTERN STATES PORTLAND CEMENT COMPNamed in complaintNamed in settlement

Facilities (1)

• HOLNAM INCORPORATED

  1840 N. FEDERAL AVE., MASON CITY, IA, 50401

  Registry ID: 110010507308

Statutes cited

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

Enforcement conclusions (1)

• NW STATES PORTLAND CEMENT COentered 1986-09-08

  Primary law: CAA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1983-11-25Referred To Headquarters
• 1983-12-14Referred To Dept Of Justice
• 1984-04-04Complaint Filed With Court
• 1986-09-08Concluded
• 1986-09-08Final Order Lodged
• 1986-09-08Final Order Entered
• 1988-09-09Enforcement Action Closed