EPA v. EMPIRE SAND & GRAVEL CO INC

Case summary

ALLEGED VIOLATIONS FAILURE TO COMPLY WITH NSPS EMMISSIONS LIMITS FOR PARTI- CULATE MATTER & OPACITY APPLIED TO ASPHALT CONCRETE PLANTS, 40 C.F.R. PART 60, SUBPART I. REGULATION REQUIRES OPACITY NO GREATER THAN 20% AND PARCTICULATE NO GREATER THAN .04 GRAINS/DSCF. OPACITY READING OF 09/21/84 AT 60%. ADMINISTRATIVE ORDER TO CEASE UNTIL COMPLIANCE, ISSUED 03/21/85. READING ON 4/18/85 AT 30%. TEST ON 06/11/85 HAD EMISSION LEVEL AT .05 GRAINS/DCSF. 22 AUG 1985 TAKEN AT .05 GR./DSCF. PASSED ON 8/21 ON COAL AT 75% CAPACITY. NOW HAS STATE PERMIT TO OPERATE AT REDUCED CAPACITY. SPECIFIC DIESEL FUEL ACTIONS OF SPECIFICATIONS OF DIESEL FUEL OR COAL AND FRESH WATER AT REDUCED CAPACITY. ADMISSIONS MAY SUPPORT MOTION FOR SUMMARY JUDGEMENT. PENALTY CALCULATED AT $40,000.

Defendants (1)

• EMPIRE SAND AND GRAVEL CO., INC.Named in complaintNamed in settlement

Facilities (1)

• EMPIRE SAND AND GRAVEL MARY ST SHOP

  1215 MARY ST, BILLINGS, MT, 59103

  Registry ID: 110004002490

Statutes cited

• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• EMPIRE SAND & GRAVEL COMPANYentered 1988-06-15

  Primary law: CAA

  Federal penalty: $30,000

Timeline (7 milestones)

• 1986-06-24Referred To Dept Of Justice
• 1988-04-05Referred TO U.S. Attorney
• 1988-04-05Complaint Filed With Court
• 1988-06-15Final Order Lodged
• 1988-06-15Final Order Entered
• 1988-06-15Concluded
• 1991-06-15Enforcement Action Closed