EPA v. BRIMHALL SAND, ROCK AND BUILDING MATERIALS

Case summary

BRIMHALL SAND, ROCK AND BUILDING MATERIALS ( BRIMHALL ) OPERATES AN ASPHALT PLANT IN SNOWFLAKE, ARIZONA. UNDER REGULATIONS KNOWN AS NEW SOURCE PERFORMANCE STANDARDS OR NSPS, PROMULGATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ( EPA ), THIS PLANT'S EMISSIONS INTO THE ATMOSPHERE MUST NOT CONTAIN MORE THAN 90 MG/DSCM (0.04 GR/ DSCF). SOURCE TESTS CONDUCTED AT THE SITE SHOW THAT THIS STANDARD HAS BEEN EXCEEDED ON THREE SEPARATE OCCASIONS. EPA DISCOVERED THESE EMISSION VIOLATIONS EARLIER THIS YEAR AFTER RECEIVING A CONGRESSIONAL INQUIRY REGARDING THIS FACILITY. BECAUSE THE STATE OF ARIZONA, THROUGH THE ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY ( ADEQ ), HAS BEEN DELEGATED THE AUTHORITY TO ENFORCE THE PROVISIONS OF NSPS APPLICABLE IN THIS CASE, EPA CONTACTED ADEQ ABOUT THE FACILITY. MIKE HOWETH OF THE FLAGSTAFF OFFICE TOLD EPA THAT BRIMHALL HAD FLUNKED SEVERAL SOURCE TESTS AND REFERRED EPA TO ADEQ'S PHOENIX OFFICE TO GET COPIES OF THE TESTS. DAN WILLIAMS OF ADEQ'S PHOENIX OFFICE FORWARDED COPIES OF ADEQ'S REVIEW OF THE RELEVANT SOURCE TESTS. THE SOURCE TESTS, WHICH HAD BEEN ORDERED BY ADEQ, SHOWED THAT SINCE THE ASPHALT PLANT HAD BEEN IN ARIZONA, THE PLANT HAD NEVER BEEN IN COMPLIANCE. (THE PLANT HAD BEEN BUILT IN 1981 AND ORIGINALLY SET UP IN CALIFORNIA. BRIMHALL PURCHASED THE PLANT IN 1988 AND MOVED IT TO SNOWFLAKE). AFTER HE RECEIVED THE SOURCE TESTS, STEVE FREY OF EPA SPOKE TO JERRY DEMO OF ADEQ, AND DEMO SAID THAT ADEQ WAS CONTEMPLATING ISSUING AN ABATEMENT ORDER. IN FACT, THE PHOENIX OFFICE ISSUED A NOTICE OF VIOLATION TO BRIMHALL IN DECEMBER OF 1989 AND WARNED BRIMHALL IN A LETTER THAT IF IT OPERATED THE PLANT WITHOUT AN APPROVED COMPLIANCE PLAN, THE STATE WOULD TAKE A FORMAL ENFORCEMENT ACTION. AFTER THIS LETTER FROM ADEQ, BRIMHALL DID MAKE ADDITIONAL REPAIRS TO THE FACILITY, AND THE FACILITY DID PASS A SOURCE TEST IN MAY 1990. ADEQ NEVER DID BRING A FORMAL ENFORCEMENT ACTION AGAINST BRIMHALL, AND IT HAS NEVER COLLECTED A CIVIL PENALTY FROM THEM. ACCORDINGLY, ADEQ HAS FAILED TO ENFORCE THE APPLICABLE NSPS PROVISIONS IN A TIMELY AND APPROPRIATE MANNER. THEREFORE, BY THIS REFERRAL, EPA REQUESTS THAT THE DEPARTMENT OF JUSTICE INSTITUTE A CIVIL ENFORCEMENT ACTION AGAINST BRIMHALL FOR VIOLATIONS OF THE PARTICULATE EMISSION LIMIT. THIS RECOMMENDED CIVIL LITIGATION IS AUTHORIZED BY SECTIONS 113(A)(3), B(3) AND (4) OF THE CLEAN AIR ACT ( ACT ), 42 U.S.C. 7413(A)(3), (B)(3) AND (4). EPA WILL SEEK A CIVIL PENALTY AND INJUNCTIVE RELIEF TO INSURE THAT BRIMHALL DOES NOT VIOLATE THE ACT IN THE FUTURE.

Defendants (1)

• BRIMHALL SAND, ROCK & BUILDING MATERIALSNamed in complaintNamed in settlement

Facilities (1)

• BRIMHALL SAND ROCK AND BUILDING MATERIALS

  N HWY 77, SNOWFLAKE, AZ, 85937

  Registry ID: 110064289835

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• BRIMHALL SAND, ROCK & BUILDINGentered 1992-09-17

  Primary law: CAA

  Federal penalty: $55,000

Timeline (7 milestones)

• 1990-06-04Enforcement Action Data Entered
• 1990-09-17Referred To Dept Of Justice
• 1992-02-26Complaint Filed With Court
• 1992-09-17Final Order Lodged
• 1992-09-17Final Order Entered
• 1992-09-17Concluded
• 1994-09-17Enforcement Action Closed