EPA v. Durand Glass Manufacturing Company Inc.

Case summary

The Consent Decree with the Defendant resolves violations of the prevention of significant deterioration of air quality and non-attainment new source review (collectively NSR) requirements of the Clean Air Act and its implementing regulations. The NSR violations resulted from the Defendant's construction in 1998-99 of a new glass melting furnace (Furnace US3) at its tableware glass manufacturing facility in Millville, New Jersey. Construction of Furnace US3 was a major modification that caused a significant net emission increase of NOx and PM-10, which triggered the NSR requirements with respect to those pollutants. The Defendant failed to undergo a proper new source review, in which it was required to install and operate the best available control technology (BACT) for NOx and PM emissions, and to comply with a NOx limit that reflects the lowest achievable emission rate (LAER). Because the facility is located in an attainment area for NOx, the Defendant is required to install and operate BACT to control NOx emissions from Furnace US3. In addition, the facility is located in a non-attainment area for ozone, so it must also comply with the LAER for NOx, the regulated precursor pollutant for ozone. The Defendant failed to obtain a preconstruction permit for Furnace US3 that includes the BACT and LAER requirements, and failed to incorporate these applicable NSR requirements into its title V operating permit. This case is part of EPA's national NSR enforcement initiative for the glass manufacturing sector, and is the third settlement reached through that initiative. The Consent Decree contains precedent-setting requirements for the glass manufacturing industry, including the lowest nitrogen oxide (NOx) emission limits for any glass furnace in the world, and the first glass sector emission limit for particulate matter (PM) less than 10 microns in diameter (PM-10). When fully implemented, the actions required by the Consent Decree are expected to reduce NOx emissions by approximately 174 tons per year (tpy), and PM emissions by approximately 24 tpy. The proposed Consent Decree also requires payment of a civil penalty to resolve the NSR violations. EPA will split this penalty with the New Jersey Department of Environmental Protection, which has been an active participant in this settlement.

Defendants (1)

• Durand Glass Manufacturing Company, Inc.Named in complaintNamed in settlement

Facilities (1)

• DURAND GLASS MFG CO

  901 SOUTH WADE BLVD., MILLVILLE, NJ, 08332

  Registry ID: 110000603188

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Durand Glass Manufacturing Company Inc.entered 2013-03-20

  Primary law: CAA

  Federal penalty: $150,000 · State/local: $150,000

Timeline (8 milestones)

• 2007-09-27Referred To Dept Of Justice
• 2007-10-02Enforcement Action Data Entered
• 2012-09-28Complaint Filed With Court
• 2012-10-01Final Order Lodged
• 2013-03-20Final Order Entered
• 2013-03-20Concluded
• 2017-07-11Enforcement Action Closed
• 2017-07-11Air Resolved