EPA v. BARBER & SONS TOBACCO CO. D/B/A BARBER AND SONS, AGGREGATES

Case summary

VIOLATIONS OF SECTION 111 OF THE CLEAN AIR ACT (NSPS SUPBART 000) FIFTEEN COMPONENTS OF THE BARBER PLANT ARE SUBJECT TO THE STANDARDS OF PERFORMANCE FOR NONMETALLIC MINERAL PROCESSING PLANTS. BARBER DID NOT CONDUCT INITIAL PERFORMANCE TESTS ON ANY OF THESE COMPONENTS, AS REQUIRED BY 40 CFR SECTION 60.8(A). BARBER ALSO FAILED TO MAKE ANY REQUIRED NOTIFICATIONS PURSUANT TO 40 CFR SECTIONS 60.7 AND 60.8(D) FOR ANY OF THE COMPONENTS. SPECIFICALLY, FOR EACH OF THE 15 COMPONENTS, BARBER FAILED TO NOTIFY EPA OF THE FOLLOWING: 1) DATE OF ANTICIPATED START-UP; 2) DATE OF ACTUAL START-UP; AND 3) ANTICIPATED DATE OF PERFORMANCE TESTS. VIOLATION OF 10 CSR 10-6.060(1)(C)(DEMINIMIS PERMIT) BARBER MODIFIED ITS PLANT IN APRIL, 1994, BY REPLACING EQUIPMENT WITH LARGER EQUIPMENT. THE MODIFICATION RESULTED IN A DE MINIMIS NET EMISSIONS INCREASE. HOWEVER, BARBER REPRESENTED TO MDNR THAT THE EQUIPMENT REPLACEMENT WAS OF A LIKE-KIND NATURE, AND WOULD NOT RESULT IN AN EMISSIONS INCREASE. AS A RESULT, MDNR DETERMINED THAT NO PERMIT WAS REQUIRED. BY SUBMITTING FALSE INFORMATION TO MDNR, BARBER AVOIDED OBTAINING THE REQUIRED PERMIT FOR AN AIR CONTAMINANT SOURCE. AS THE REPLACEMENT EQUIPMENT RESULTED IN A DE MINIMIS NET EMISSIONS INCREASE, A PERMIT WAS REQUIRED. THEREFORE, BARBER FAILED TO OBTAIN THE PERMIT PRIOR TO THE MODIFICATION AS REQUIRED BY 10 CSR 10-6.060(1)(C) OF THE MISSOURI AIR POLLUTION CONTROL RULES, APPROVED BY EPA UNDER SECTION 110 OF THE ACT. VIOLATION OF SECTION 114(A) OF THE CAA (ORDER TO PROVIDE INFORMATION) BARBER FAILED TO PROVIDE ACCURATE INFORMATION TO EPA IN RESPONSE TO A SECTION 114 ORDER, IN VIOLATION OF 10 CSR 10-6.060(1)(C) OF THE MISSOURI AIR POLLUTION CONTROL RULES.

Defendants (1)

• BARBER & SONS TOBACCO CO D/B/A BARBER ANNamed in complaintNamed in settlement

Facilities (1)

• BARBER & SONS AGGREG

  US HWY 50 & STATE RT, LEES SUMMIT, MO, 64063

  Registry ID: 110017988105

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BARBER & SONS TOBACCO CO. D.B.A BARBER & SONS, AGGentered 1998-01-30

  Primary law: CAA

  Federal penalty: $300,835

Timeline (7 milestones)

• 1992-01-28Enforcement Action Data Entered
• 1996-09-26Referred To Dept Of Justice
• 1997-11-25Final Order Lodged
• 1997-11-25Complaint Filed With Court
• 1998-01-30Final Order Entered
• 1998-01-30Concluded
• 1998-06-30Enforcement Action Closed