EPA v. Wheeler Rock Products

Case summary

On February 26, 2018, Region 10 filed an administrative complaint against Wheeler Rock Products (Wapato, Washington) to resolve violations of the Clean Air Act (CAA). Wheeler Rock Products failed to obtain a preconstruction permit under the Tribal Minor New Source Review program, or an air operating permit under the Title V of the Clean Air Act. Respondent also failed to timely provide the required notifications and conduct the performance test as required by the new source performance standard for nonmetallic mineral processing plants (NSPS Subpart OOO). On August 21, 2017, the region sent an opportunity to confer letter to the company inviting the company to resolve the alleged violations prior to filing an administrative complaint. The company has refused to meaningfully engage in settlement negotiations to date.

Defendants (1)

• Wheeler Rock ProductsNamed in complaintNamed in settlement

Facilities (1)

• WHEELER ROCK PRODUCTS

  502 COWIN LANE, WAPATO, WA, 98951

  Registry ID: 110067367824

Statutes cited

• CAA TRIBAL — Tribal Rule not otherwise covered
• CAA PARTD — New Source Review Permit Requirements
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• Wheeler Rock Productsentered 2018-11-01

  Primary law: CAA

  Federal penalty: $40,000

Timeline (5 milestones)

• 2018-02-12Enforcement Action Data Entered
• 2018-02-26Complaint Filed/Proposed Order
• 2018-11-01Final Order Issued
• 2019-02-01Air Resolved
• 2019-02-01Enforcement Action Closed