EPA v. LEHIGH CEMENT COMPANY, LLC (NATIONAL CASE)(LEAD)

Case summary

the U.S. District Court for the Eastern District of Pennsylvania entered a Consent Decree to implement a settlement between EPA and seven states/local agencies with Lehigh Cement Company LLC and Lehigh White Cement Company, LLC (Lehigh) to correct alleged CAA violations at their eleven cement plants (14 kilns) located across the United States. The Consent Decree was lodged with the court on December 3, 2019 and numerous public comments were subsequently filed in response. DOJ filed a response to the comments on behalf of EPA and the state/local agencies on July 27, 2020. The settlement is expected to reduce harmful emissions from the companies? cement plants by a total of approximately 4,555 tons per year (tpy) of nitrogen oxides (NOx) and 989 tpy of sulfur dioxide (SO2). Among the requirements of the Consent Decree, the companies must install and continuously operate best available control technology (BACT) controls and/or meet enforceable BACT-level emission rates for NOx and SO2 and install continuous emission monitoring systems for NOx and SO2 at all facilities that do not currently have CEMS. Lehigh is also required to replace, at a cost of $650,000, diesel engines in non-road machines at two plants as mitigation projects that will achieve approximately an additional 25 tpy of NOx reductions. Lehigh will spend approximately $12 million on air pollution controls/improved work practices at its plants and pay a civil penalty of $1.3 million, which will be split between the federal government ($650,000) and states/local agencies ($650,000). EPA Regions 2, 3, 4, 5, 6, 7, and 9, OECA, DOJ, the Pennsylvania Department of Environmental Protection, Maryland, Indiana, Iowa, New York, the Jefferson County Board of Health (Alabama), and the Bay Area Air Quality Management District (California) have all been involved in the negotiation of the proposed Lehigh CD. The Region III facilities are located in Fleetwood (Evansville plant), PA; York, PA; and Union Bridge, MD.

Defendants (2)

• LEGHIGH CEMENT COMPANY, LLCNamed in complaintNamed in settlement
• LEHIGH WHITE CEMENT COMPANY, LLCNamed in complaintNamed in settlement

Facilities (4)

• LEHIGH CEMENT

  537 EVANSVILLE RD, FLEETWOOD, PA, 19522

  Registry ID: 110000338073

• LEHIGH WHITE CEMENT COMPANY

  200 HOKES MILL ROAD, YORK, PA, 17404-5540

  Registry ID: 110008054773

• LEHIGH CEMENT COMPANY, LLC

  675 QUAKER HILL ROAD, UNION BRIDGE, MD, 21791

  Registry ID: 110003507385

• HEIDELBERG MATERIALS US CEMENT LLC/EVANSVILLE CEMENT PLT & Q

  537 EVANSVILLE RD, FLEETWOOD, PA, 19522-8541

  Registry ID: 110000338073

Statutes cited

• CAA 173 — New Source Review Permit Requirements
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• LEHIGH CEMENT COMPANY, LLC (NATIONAL CASE)(LEAD)entered 2020-11-18

  Primary law: CAA

  Federal penalty: $192,090 · State/local: $1,278

Timeline (6 milestones)

• 2010-09-27Referred To Dept Of Justice
• 2010-09-29Enforcement Action Data Entered
• 2013-06-26Supplemental Referral-Other
• 2019-12-03Complaint Filed With Court
• 2019-12-03Final Order Lodged
• 2020-11-18Final Order Entered