EPA v. LAS VEGAS PAVING

Case summary

LAS VEGAS PAVING COPORATION ( LVPC ) OWNS AND OPERATES SEVERAL NON-METALLIC MINERAL PROCESSING AND HOT MIX ASPHALT PLANTS IN CLARK COUNTY, NEVADA. THESE PLANTS ARE LOCATED AT THE FOLLOWING LOCATIONS: 1) THE 3400 BLOCK OF NORTH 5TH ST., LAS VEGAS, NEVADA (ASPHALT RECYCLING PLANT, HOT ASPHALT MIX PLANT, AND HYDROCARBON REMEDIATION PLANT, A.K.A., NORTH 5TH ST. FACILITY SOURCE ID #A104); 2) THE SOUTHEAST CORNER OF SUNSET AND EASTGATE ROADS (HOT MIX ASPHALT AND AN ASPHALT RECYCLING PLANT, A.K.A., SUNSET FACILITY, SOURCE ID # A186), HENDERSON, NEVADA; 3) T23S, R60, SECTION 13 (HOT MIX ASPHALT PLANT, A.K.A, SLOAN FACILITY, SOURCE ID # A488); 4) WEST LONE MOUNTAIN ROAD, CLARK COUNTY, NEVADA (CRUSING PLANT, CEMENT TREATED BASE PRODUCTION PLANT, SAND WASHING PLANT, SCREENING PLANT, AND A HOT MIX ASHPHALT PLANT, A.K.A. LONE MOUNTAIN OMNI FACILITY, SOURCE ID # A105); AND 5) APEX DRY LAKE VALLEY, 1.5 MILES SOUTHWEST OF THE US-95 AND I15 JUNCTION (CRUSHING AND SCREENING PLANT, AND A HOT MIX ASPHALT PLANT, A.K.A. (APEX FACILITY, SOURCE ID # A187). THE NONMETALLIC MINERAL PROCESSING PLANTS CRUSH ROCKS AND SCREEN THEM INTO DIFFERENT SIZES OF MATERIALS FOR CONSTUCTION. THE HOT MIX ASPHALT PLANTS MANUFACTURE AND PRODUCE ASPHALT MIX PRODUCTS FOR USE IN GARDING AND PAVING FOR COMMERCIAL AND MUNICIPAL CUSTOMERS IN THE CLARK COUNTY AREA. 0N MARCH 20, 1996 AND AGAIN ON FEBRUARY 21, 1997 EPA ISSUED LVPC INFORMATIN REQUESTS PURSUANT TO SECTION 114 OF THE CLEAN AIR ACT ( ACT ) TO DETERMINE REQUIREMENTS OF THE NEW SOURCE PERFORMANCE STANDARDS ( NSPS ), FOUND AT 40 C.F.R. PART 60, SUBPART A ( GENERAL PROVISION ), SUBPART I ( STANDARDS OF PERFORMANCE FOR HOT MIX ASPHALT FACILITIES ), AND SUBPART 000 ( STANDARDS OF PERFORMANCE FOR NONMETALLLIC MINERAL PROCESSING PLANTS ), AS WELL AS WITH CERTAIN PROVISIONS OF SECTION 15 AND 16 THE CLARK COUNTY STATE IMPLEMENTATION PLAN ( SIP ). LVPC RESPONDED TO THESE INFORMATION REQUEST LETTERS ON MAY 31, 1996 AND APRIL 7, 1997 RESPECTIVELY. AFTER REVIEWING THE INFORMATION PROVIDED BY LVPC IN RESPONSE TO EPA'S SECTION 114 LETTERS, AS WELL AS INFORMATION RECEIVED FROM THE CLARK COUNTY HEALTH DISTRICT, AIR POLLUTION CONTROL DIVISION ( APCD ), EPA DETERMINED THAT LVPC HAD VIOLATED SEVERAL OF THE NSPS SUBPART A, SUBPART I, AND SUBPART 000 REGULATIONS AND CERTAIN PROVISION OF SECTION 15 AND 16 OF THE CLARK COUNTY SIP AT ITS VARIOUS PLANTS. LVPC VIOLATED THE NSPS SUBPART A AND SUBPART I REGUALTIONS BY CONSTRUCTING OR MODIFYING AFFECTED FACILITIES, AS DEFINED IN SUBPART I, AT ITS LONE MOUNTAIN OMNI, NORTH 5TH STREET, SUNSET, APEX, AND SLOAN PLANTS BY: 1) FAILING TO PROVIDE WRITTEN NOTIFICATION TO EPA OF THE DATE CONSTRUCTION OR MODIFICATION WAS TO COMMENCE; AND 2) BY FAILING TO CONDUCT, OR CONDUCTING LATE, PERFORMANCE TESTS AS REQUIRED BY THE NSPS REGULATION AFTER COMPLETION OF THE CONSTRUCTION OR MODIFICATION. LVPC VIOLATED THE NSPS SUBPART A AND SUBPART 000 REGULATIONS BY CONSTRUCTING OR MODIFY AFFECTED FACILITIES, AS DEFINED IN SUBPART 000, AT ITS LONE MOUNTAIN OMNI, NORTH 5TH STREET, SUNSET, AND APEX PLANTS BY: 1) FAILING TO PROVIDE WRITTEN NOTIFICATION TO EPA OF THE DATE CONSTRUCTION OR MODIFICATION WAS TO COMMENCE; AND 2) FAILING TO CONDUCT PERFORMANCE TESTS AND PROVIDE WRITTEN REPORTS OF THE SAME AS REQUIRED BY THE NSPS REGULATION AFTER COMPLETION OF THE CONSTRUCTION OR MODIFICATION. LVPC VIOLATED SECTION 15 AND 16 OF THE CLARK COUNTY SIP BY OPERATING INTERNAL CUMBUSTION ( IC ) DIESEL ENGINES AT ITS APEX AND SLOAN FACIL

Defendants (1)

• LAS VEGAS PAVINGNamed in complaintNamed in settlement

Facilities (5)

• SUNSET FAC

  SE CORNER OF SUSNSET AND EASTGATE ROADS, HENDERSON, NV, 89009

  Registry ID: 110010731351

• LAS VEGAS PAVING-LONE MOUNTAIN FACILITY

  W LONE MOUNTAIN RD, LAS VEGAS, NV, 89147

  Registry ID: 110025332502

• APEX DRY LAKE FACIITY

  1.5 MI SW OF US-95 AND I-15 JUNCTION, LAS VEGAS, NV, 89030

  Registry ID: 110010628222

• NORTH 5TH STREET FAC

  3400 BLOCK OF N 5TH ST, LAS VEGAS, NV, 89030

  Registry ID: 110010781056

• SLOAN FAC

  T23S, R60, SECTION 13, SOURCE ID#: A488, LAS VEGAS, NV, 89030

  Registry ID: 110010731360

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 113 — Clean Air Act
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• LVP - APEX AND LONE MAOUNTAIN FACILITIESentered 2000-03-21

  Primary law: CAA

  Federal penalty: $82,500

Timeline (7 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-10Enforcement Action Data Entered
• 2000-02-10Final Order Lodged
• 2000-02-10Complaint Filed With Court
• 2000-03-21Final Order Entered
• 2000-03-21Concluded
• 2001-06-21Enforcement Action Closed