EPA v. Argos Puerto Rico Corp.

Case summary

The CAFO will resolve EPA's civil administrative action against the Respondent for failure to comply with the Clean Air Act (CAA) and various provisions of the applicable National Emission Standards for Hazardous Air Pollutants (NESHAP), 40 C.F.R. Part 63 Subpart LLL, National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry, codified at 40 C.F.R. 63.1340 et seq. (the Portland Cement MACT). Respondent failed to demonstrate compliance with the Portland Cement MACT and to submit required reports under the regulation. EPA conducted an inspection in 2017 that revealed potential non-compliance with the Portland Cement MACT. After the 2017 inspection, EPA continued having compliance discussions with the Respondent which led to a series of failed attempts from the company to demonstrate compliance via performance testing. The facility struggled to demonstrate compliance (in combination with the effects of the COVID19 pandemic) led the Respondent to shut down the cement kiln, which was the facility main emission source. The CAFO requires the Respondent to pay a civil penalty, and undertake two Supplemental Environmental Projects (SEPs).

Defendants (1)

• Argos Puerto Rico Corp.Named in complaintNamed in settlement

Facilities (2)

• ARGOS SAN JUAN (FKA ESSROC)

  PR 2 KM 26.7_BO ESPINOSA, DORADO, PR, 00936

  Registry ID: 110000581004

• ARGOS SAN JUAN (FKA ESSROC)

  PR 2 KM 26.7_BO ESPINOSA, DORADO, PR, 00936

  Registry ID: 110000581004

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• Argos Puerto Rico Corp.entered 2024-09-16

  Primary law: CAA

  Federal penalty: $111,168 · SEP: $211,000

Timeline (5 milestones)

• 2024-09-16Enforcement Action Closed
• 2024-09-16Complaint Filed/Proposed Order
• 2024-09-16Air Resolved
• 2024-09-16Final Order Issued
• 2024-09-24Enforcement Action Data Entered