EPA v. OWENS BROCKWAY GLASS CONTAINER, INC. (NATIONAL CASE)(CLARION/BROCKPORT, PA)

Case summary

THIS IS A FEDERAL CONSENT DECREE MEMORALIZING A SETTLEMENT BETWEEN THE PLAINTIF UNITED STATES AND DEFENDANT OWENS-BROCKWAY GLASS INC (OB). THE PROPOSED CONSENT DECREE ADDRESSES VIOLATIONS OF THE CLEAN AIR ACT (CAA) PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PROGRAM AT FIVE OF OB'S CONTAINER GLASS MANUFACTURING PLANTS IN PENNSYLVANIA (CLARION AND CRENSHAW), GEORGIA, TEXAS AND OKLAHOMA. THREE OF THE FACILITES COVERED BY THE SETLEMENTS ARE LOCATED IN ENVIRONMENTAL JUSTICE COMMUNITIES OF CONCERN IN ATLANTA, GA, MUSKOGEE, OKLAHOMA AND WACO, TX. REGIONS 3, 4 AND 6 AND THE OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY (ODEQ)ACTIVELY PARTICIPATED IN THE NEGOTIATIONS. UNDER THE TERMS OF THE PROPOSED SETTLEMENT, OB WILL INSTALL AIR POLLUTION CONTROL EQUIPMENT TO CONTROL EMISSIONS OF NITROGEN OXIDE (NOx), SULFUR DIOXIDE (SO2), AND PARTICULATE MATTER (PM) AT AN ESTIMATED COST OF $37.5 MILLION. OB WILL ALSO COMMIT TO A MITIGATION PROJECT VALUE AT $200,000 TO RETROFIT DIESEL SCHOOL BUSES IN ATLANTA. IN ADDITION, OB HAS SHUT DOWN ITS CLARION, PA FACILITY. UPON FULL IMPLEMENTATION OF THE PROPOSED CONSENT DECREE, NOx EMISSIONS WILL BE REDUCED BY MORE THAN 2,000 TONS PER YEAR (TPY), SO2 EMISSIONS WILL BE REDUCED BY MOR THAN 450 TPY, AND PM WILL ALSO BE REDUCED. THESE REDUCTIONS WILL SECURE SIGNIFICANT HUMAN HEALTH AND ENVIORNMENTAL BENEFITS.

Defendants (1)

• OWENS BROCKWAY GLASS CONTAINER, INC.Named in complaintNamed in settlement

Facilities (2)

• OWENS BROCKWAY GLASS CONTAINER INC/PLT 76

  4189 US HIGHWAY 219, BROCKPORT, PA, 15823-3819

  Registry ID: 110037592735

• OWENS-BROCKWAY GLASS/CLARION

  151 GRAND AVE, CLARION, PA, 162141708

  Registry ID: 110000331285

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 173 — New Source Review Permit Requirements
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• OWENS BROCKWAY GLASS CONTAINER, INC. (NATIONAL CASE)(CLARION/BROCKPORT, PA)entered 2013-02-07

  Primary law: CAA

  Federal penalty: $268,444

Timeline (5 milestones)

• 2007-09-25Referred To Dept Of Justice
• 2007-10-01Enforcement Action Data Entered
• 2012-11-30Final Order Lodged
• 2012-11-30Complaint Filed With Court
• 2013-02-07Final Order Entered