EPA v. NATIONAL CEMENT CO., INC.

Case summary

NATURE OF THE CASE THIS CIVIL ACTION IS AUTHORIZED BY SEC TION 113(A)(3), 113(B) AND 111(E) OF THE CLEAN AIR ACT. THE PURPOSE OF THIS LITIGATION IS TO ABATE EXCESSIVE PARTICULATE EMISSIONS DISCHARGED BY NATIONAL CEMENT'S PORTLAND CEMENT KILN AND CLINKER COOLER LOCATED IN RAGLAND, SAINT CLAIR COUNTY, ALABAMA. THESE EXCESSIVE EMISSIONS HAVE BEEN DOCU- MENTED BY VISIBLE EMISSIONS EVALUATIONS CONDUCTED BY STATE & EPA INSPECTORS, AND BY PERFORMANCE (STACK) TESTS DONE BY NATIONAL CEMENTS' CONSULTANT, GUARDIAN SYSTEMS, INC. THE SPECIFIC FEDERAL AIR POLLUTION CONTROL REGULATIONS VIOLATED ARE FOUND AT 40 C.F.R. SECTION 60.62(A)(2), (B)(1), AND (B) (2) WHICH ARE NEW SOURCE PERFORMANCE STANDARDS APPLICABLE TO KILNS AND CLINKER COOLERS AT PORTLAND CEMENT PLANTS. NATION- AL CEMENT CO., INC. SHOULD HAVE COMPLIED WITH NEW SOURCE PER FORMANCE STANDARDS ON A CONTINUOUS BASIS SINCE MODIFYING AND EXPANDING THE RAGLAND PLANT IN 1977; THE COMPANY PLANS TO A- CHIEVE FINAL COMPLIANCE ON MARCH 15, 1985, EIGHT (8) YEARS LATER. DOCUMENTED EMISSIONS HAVE EXCEEDED NEW SOURCE PERFORM ANCE STANDARDS BY A FACTOR OF TWO (2) TO TEN (10) TIMES THE ALLOWABLE LIMITS. IN JUNE, 1982 AGENTS OF NATIONAL CEMENT RE MOVED GRAVEL FROM THE CLINKER COOLER CONTROL DEVICE, THE REX NORD GRAVEL BED FILTER, WHICH CRIPPLED THE POLLUTION CONTROL COLLECTION EFFICIENCY OF THAT POLLUTION CONTROL DEVICE. CAUSE OF ACTION/REQUESTED RELIEF - PLEASE REFER TO THE AT- TACHED COMPLAINT FOR ALL ALLEGATIONS OF THE CAUSE OF ACTION, JURISDICTION, AND VENUE. IN SUMMARY, THE UNITED STATES IS BRINGING THIS CIVIL ACTION PURSUANT TO SECTIONS 113(A)(3), 113(B) AND SECTION 111(E) OF THE CAA, 42 U.S.C. SECTION 7401 ET SEQ. THE FEDREAL NEW SOURCE PERFORMANCE STANDARDS BEING ENFORCED ARE FOUND AT 40 C.F.R. SECTION 60.60 ET SEQ. (SUB- PART F-STANDARDS OF PERFORMANCE FOR PORTLAND CEMENT PLANTS). IN TERMS OF RELIEF, THE UNITED STATES CAN OBTAIN CIVIL PEN- ALITIES UP TO $25,000 PER DAY OF VIOLATION AND/OR INJUNCTIVE RELIEF. INJUNCTIVE RELIEF PREVENTING FURTHER VIOLATIONS BY THE KILN AND CLINKER COOLER AND SUBMISSION BY THE COMPANY OF A COMPLIANCE SCHEDULE FOR THE INSTALLATION OF NECESSARY AIR POLLUTION CONTROL EQUIPMENT SHOULD BE REQUESTED FROM THE COURT. THE GROUNDS FOR THE MOTION TO CONSOLIDATE WITH THE ON GOING CIVIL ACTION PURSUANT TO F.R.C.P. 42 ARE EXPLAINED IN THE ATTACHED MOTION TO CONSOLIDATE. RESOURCE REQUIREMENTS - UNLESS THIS CASE PROCEEDS TO TRIAL, THERE SHOULD BE NO UNDUE RESOURCE REQUIREMENTS UPON THE FEDERAL GOVERNMENT. RECOMMENDED ACTION - I REQUEST THAT THE MOTION TO CONSOLI- DATE AND THE COMPLAINT BE FILED AS SOON AS POSSIBLE, PREFER- ABLY BEFORE ARGUMENTS ARE HEARD ON THE MOTION TO DISMISS ON NOVEMBER 15, 1984. SEE THE ATTACHED MOTION AND COMPLAINT.

Defendants (1)

• NATIONAL CEMENT CO., INC.Named in complaintNamed in settlement

Facilities (4)

• NATIONAL CEMENT CO INC

  HWY 144, RAGLAND, AL, 35131

  Registry ID: 110056970167

• NATIONAL CEMENT CO INC

  HWY 144, RAGLAND, AL, 35131

  Registry ID: 110056970167

• NATIONAL CEMENT CO INC

  HWY 144, RAGLAND, AL, 35131

  Registry ID: 110056970167

• NATIONAL CEMENT CO INC

  HWY 144, RAGLAND, AL, 35131

  Registry ID: 110056970167

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• NATIONAL CEMENT CO., INC.entered 1986-07-09

  Primary law: CAA

  Federal penalty: $50,000

Timeline (6 milestones)

• 1984-10-30Referred To Dept Of Justice
• 1984-11-28Complaint Filed With Court
• 1986-07-09Final Order Lodged
• 1986-07-09Final Order Entered
• 1986-07-09Concluded
• 1988-06-13Enforcement Action Closed