EPA v. INSPIRATION CONSOLIDATED COPPER CO

Case summary

THIS CASE CONCERNS VIOLATIONS OF THE CAA BY INSPIRATION CONSOLIDATED COMPANY AT ITS COPPER SMELTER LOCATED ABOUT 50 MILES EAST OF PHOENIX AT MIAMI, ARIZONA. SPECIFICALLY, ARIZONA REGULATION R-9-3-515C8, ENFORCEABLE BY EPA AS PART OF THE APPROVED SIP, REQUIRES ICCCO TO PERFORM AN EVALUATION OF ITS FUGITIVE EMISSIONS FROM THE SMELTER, WHICH ICCCO HAS FAILED TO DO. THE MIAMI, ARIZONA AREA HAS RECORDED NUMEROUS SO2 NAAQS VIOLATIONS SINCE 1984 MANY BELIEVED TO HAVE BEEN CAUSED BY FUGITIVE EMISSIONS. ICCCO DENIES THAT IT IS IN VIOLATION BECAUSE IT CLAIMS THE SMELTER QUALIFIES FOR AN EXEMPTION TO THE REGULATION. THIS CLAIM IS NOT TRUE. REGION 9 FEELS THAT IT WILL TAKE A COURT ORDER TO FORCE ICCCO TO COMPLY WITH THE CAA. REGION 9 SEEKS INJUNCTIVE RELIEF TO FORCE ICCCO TO PERFORM THE FUGITIVE EMISSION EVALUATION. THE APPROPRIATE CIVIL PENALTY PURSUANT TO THE CAA CIVIL PENALTY POLICY RANGES FROM $182,000 TO $237,000 DEPENDING ON THE ASSUMPTIONS MADE.

Defendants (1)

• INSPIRATION CONSOLIDATED COPPER CO.Named in complaintNamed in settlement

Facilities (1)

• PHELPS DODGE MIAMI INC

  1 M N US 60 AND NEW STREET, CLAYPOOL, AZ, 85532

  Registry ID: 110071099504

Statutes cited

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

Enforcement conclusions (1)

• INSPIRATION CONSOLIDATION COPPentered 1990-07-10

  Primary law: CAA

  Federal penalty: $140,000

Timeline (8 milestones)

• 1987-03-31Referred To Headquarters
• 1987-04-29Referred To Dept Of Justice
• 1987-06-11Referred TO U.S. Attorney
• 1987-06-12Complaint Filed With Court
• 1990-07-10Final Order Lodged
• 1990-07-10Final Order Entered
• 1990-07-10Concluded
• 1993-07-15Enforcement Action Closed