EPA v. NORTH AMERICAN CHEMICAL COMPANY

Case summary

NACC FAILED TO NOTIFY EPA OF THE CONSTRUCTION AND STARTUP OF CERTAIN PORTIONS OF THE FACILITY AND ALSO FAILED TO TIMELY PERFORM CERTAIN EMISSIONS TESTS, IN VIOLATION OF STANDARDS OF PERFORMANCE FOR NON-METALLIC MINERAL PROCESSING PLANTS AT 40 C.F.R. PART 60, SUBPART 000. NACC EXCEEDED PARTICULATE MATTER AND OPACITY LIMITS IN VIOLATION OF RULES 401, 404, AND 405 OF THE APPLICABLE IMPLEMENTATION PLAN FOR SAN BERNARDINO COUNTY AND SECTION 110 OF THE ACT. IN ADDITION, REGION 9 BELIEVES THAT NACC IS IN VIOLATION OF THE NITROGEN OXIDE LIMIT OF RULE 475 OF THE APPLICABLE IMPLEMENTATION PLAN, BUT WILL HAVE TO FURTHER DEVELOP THIS VIOLATION TO SUBSTANTIATE THAT RULE 475 IS APPLICABLE TO THIS SOURCE. NACC HAS SINCE SUBMITTED TEST DATA THAT DEMONSTRATES COMPLIANCE WITH THE PARTICULATE LIMITS OF RULE 404 AND 405 AND HAS SUBMITTED THE APPROPRIATE NOITICES AND PERFORMED TESTS AS REQUIRED BY NSPS SUBPART 000. IF RULE 475 IS APPLICABLE TO THE NACC, NACC CONTINUES TO OPERATE IN VIOLATION OF RULE 475 AT TURBINE #4 IN THE WESTEND PLANT. IF REGION 9 SUCCEEDS IN ESTABLISHING A VIOLATION AT WESTEND TURBINE #4, REGION 9 SEEKS TO REQUIRE NACC TO INSTALL APPROPRIATE CONTROL TECHNOLOGY AT TURBINE #4. AT THIS TIME, REGION 9 BELIEVES THAT SUCH CONTROL WOULD BE STEAM INJECTION. REGION 9 REQUESTED THAT NACC SUBMIT A STUDY OF AVAILABLE CONTROL ALTERNATIVES. REGION 9 ANTICIPATES RECEIVING THIS STUDY BY OCTOBER 7, 1994. FURTHER, REGION 9 SEEKS TO REQUIRE NACC TO COMPLY WITH ALL APPLICABLE SIP LIMITS. REGION 9 WILL REQUIRE ADDITIONAL TESTING TO CONFIRM THAT NACC REMAINS IN COMPLIANCE WITH ITS PM LIMITS. REGION 9 SEEKS A MINIMUM SETTLEMENT AMOUNT OF $315,010 TO RESOLVE THIS CASE VIA A CONSENT DECREE.

Defendants (1)

• NORTH AMERICAN CHEMICAL COMPANYNamed in complaintNamed in settlement

Facilities (1)

• IMC CHEMICALS INCORPORATED

  13200 MAIN ST., TRONA, CA, 93592

  Registry ID: 110000481933

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• NORTH AMERICAN CHEMICAL COMPANYentered 1997-04-25

  Primary law: CAA

  Federal penalty: $320,000 · SEP: $140,000

Timeline (5 milestones)

• 1994-04-25Enforcement Action Data Entered
• 1994-09-30Referred To Dept Of Justice
• 1997-01-24Final Order Lodged
• 1997-01-24Complaint Filed With Court
• 1997-04-25Final Order Entered