EPA v. VIRGINIA CONCRETE COMPANY, LLC

Case summary

On September 30, 2019, Region III filed with the Regional Hearing Clerk an Administrative Compliance Order on Consent ( ACOC ) agreed to and executed by Virginia Concrete Company, LLC ( ACOC ) ( Respondent ), which owns and operates a concrete mixing plant known as the Southwest DC Ready-Mix Plant and located at 2 S Street SW, Washington, D.C. (the Facility ). The basis of the ACOC is Respondent's violation of requirements found in a federally enforceable state operating permit ( FESOP ) issued by the District of Columbia ( DC ) Department of Energy & Environment ( DC DOEE ) pursuant to regulations incorporated into DC?s CAA State Implementation Plan (the DC SIP ) the Clean Air Act, 42 U.S.C. 7401 et seq (the CAA or the Act ) to the Respondent and governing operations at the Facility. The failure to meet these requirements was identified by a compliance evaluation conducted by the EPA at the Facility on April 16, 2015. The specific provisions alleged to have been violated include Respondent's operation of the baghouse at the Facility at a pressure drop outside the permitted range of between 3 and 8 inches of water required by State Operating Permit ( SOP ) 6451-R1, issued by DC DOEE to Respondent pursuant to DCMR 20-200.2, with an effective date of May 14, 2015, which governs the Facility as well as operation of control devices at the Facility for the period from May 14, 2015 up to and including the date of issuance of this ACOC. The actions ordered pursuant to the ACOC include completion of source testing to establish that Respondent's operation of the baghouse at the Facility outside the pressure drop range designated in the SOP nevertheless does not produce violations of the emissions standards set forth in Section II. of the SOP as identified in paragraphs 16 and 17 of the ACOC. Further, if source testing determines this to be the case, Respondent must seek an amendment to the SOP to revise the required pressure drop range to reflect a range that accurately represents the actual performance of the baghouse at expected maximum representative production rates and within the emissions limitations currently set forth in the SOP. Both the results of the source testing and proposed new pressure drop ranges must be submitted by Respondent to EPA for approval.

Defendants (1)

• VIRGINIA CONCRETE COMPANY, LLCNamed in settlement

Facilities (2)

• VULCAN MATERIALS / VIRGINIA CONCRETE

  2 S. ST., SW, WASHINGTON, DC, DC, 20003

  Registry ID: 110070072161

• VIRGINIA CONCRETE COMPANY, LLC

  2 S STREET, SW, WASHINGTON, DC, 20003

  Registry ID: 110063218101

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• VIRGINIA CONCRETE COMPANY, LLCentered 2019-09-30

  Primary law: CAA

Timeline (3 milestones)

• 2019-09-30Final Order Issued
• 2019-10-03Enforcement Action Data Entered
• 2020-09-23Enforcement Action Closed