# W.E. BLAIN & SONS INC.
> **Judicial** · FY1989 · — · Final Order With Penalty
## Case
- **Activity ID:** `20519`
- **Case Number:** 04-1989-0126
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $20K
- **Cost recovery:** $0
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- W.E. BLAIN & SONS, INC. (complaint) (settlement)
## Summary

W.E. BLAIN & SONS, INC. OWNS AND OPERATES A BARBER GREEN  DM 60 ASPHALT PLANT IN CUBA, ALABAMA.  THE PLANT IS SUBJECT  TO NEW SOURCE PERFORMANCE STANDARDS (NSPS), 40 CODE OF       FEDERAL REGULATIONS (C.F.R.), PART 60, SUBPART I, SECTION    60.90 ET. SEQ, STANDARDS OF PERFORMANCE FOR HOT MIX ASPHALT  FACILITIES, SINCE THE PLANT COMMENCED CONSTRUCTION AFTER     JUNE 11, 1973.  SECTION 60.92 (A) (1) OF THE STANDARD        SPECIFIES THAT NO OWNER OR OPERATOR SUBJECT TO THE PRO-      VISIONS OF THIS SUBPART SHALL DISCHARGE INTO THE ATMOSPHERE  FROM ANY AFFECTED FACILITY ANY GASES WHICH CONTAIN PARTI-    CULATE MATTER IN EXCESS OF 0.04 GRAINS PER DRY STANDARD      CUBIC FOOD (GR/DSCF).  THE ACTUAL AVERAGE PARTICULATE        EMISSIONS RATE, AS DETERMINED FROM PARTICULATE EMMISSIONS    TEST CONDUCTED ON OCTOBER 13 AND NOVEMBER 9, 1988 WAS 0.12   GR/DSCF ABD 0.06 GR/DSCF, RESPECTIVELY.                         THE EXCESS EMISSIONS OF PARTICULATE MATTER FROM W.E.      BLAIN & SONS, INC.'S ASPHALT PLANT CAUSED VIOLATION OF       FEDERAL NSPS.  ALL VIOLATIONS OF NSPS ARE SUBJECT TO THE      TIMELY AND APPROPRIATE  GUIDANCE IN WHICH A CASE PENALTY OF SUFFICIENT MAGNITUDE IS REQUIRED AS AN ELEMENT OF RESOLUTION FOR NSPS VIOLATIONS.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*