EPA v. ST. GOBAIN CONTAINERS, INC. (NATIONAL CASE)

Case summary

SGCI is a manufacturer of glass bottles for the food and beverage industry. Each of the company�s 15 facilities, located in 13 states, is covered by settlement - Burlington, WI; Cartaret, NJ; Dolton, IL; Dunkirk, IN; Henderson, NC; Lincoln, IL; Madera, CA; Milford, MA; Pevely, MO; Port Allegany, PA; Ruston, LA; Sapulpa, OK; Seattle, WA; Waxahachie, TX; Wilson, NC. Violations: Complaint alleges SGCI constructed or made modifications to some or all of the 31 furnaces at 15 facilities, resulting in increased emissions of NOx, SO2 and/or PM, w/out first obtaining pre-construction permits and installing required pollution control equipment, in violation of CAA Nonattainment New Source Review and Prevention of Significant Deterioration provisions The State Implementation Plans (SIPs) in each of the states where the facilities are located. Injunctive Relief: More than $112 million will be spent on IR thru 2018 to reduce emissions of NOx, SO2 and PM. IR will be implemented for NOx at the 29 furnaces (at 13 facilities) still operating, and for SO2 and PM at 28 furnaces at 12 facilities (both the furnaces at the Madera facility implemented SO2 and PM controls after the 2005 settlement of an enforcement action there). NOx Controls Installation of one selective catalytic reduction (SCR) unit on 3 furnaces (at Dolton, IL facility). This is the first SCR to be installed on a container-glass furnace in the U.S. Installation of oxy-fuel technology on 17 furnaces, and oxygen-enriched air staging (OEAS) on 9 furnaces. All 15 facilities will be subject to NOx emission limits of 1.3 pounds per ton of glass produced (for furnaces with SCR and oxy-fuel), or 3.8 pounds per ton (for furnaces with OEAS). SO2 Controls. Installation of dry or semi-dry scrubbers, including at least one cloud-chamber scrubber, at 11 furnaces. Cloud chamber scrubbers use a new scrubber technology that removes particulate matter as well as SO2 gases, and also offers increased energy efficiencies. Implementation of process controls (e.g., changes to the raw material feed) at 17 furnaces to reduce SO2 emissions. All 15 facilities will be subject to SO2 emission limits. Furnaces with scrubbers will be subject to a limit equivalent to approx 0.8 pounds per ton and all other furnaces will be subject to a limit of approx 2.25 pounds per ton. PM Controls. Installation of either electrostatic precipitators or cloud chamber scrubbers at 11 furnaces. Implementation of process controls at the remaining 17 furnaces to reduce PM emissions. Enforceable limits for both filterable particulates and total particulates. Pollutant Reductions. Settlement will result in the following estimated emissions reductions once all emissions controls and emissions-reduction practices have been installed and implemented - Nitrogen Oxides, 4,162 tons per year (tpy); Sulfur Dioxide, 1,386 tpy; Particulate Matter, 364 tpy; SEPs - Federal SEP requires SGCI to surrender permanently, and request that the State of NJ retire, all remaining emissions credits from its closed glass mfg plant in Millville, NJ. This would prohibit the further use of those emissions credits in any circumstance including permitting and trading. Those credits include 157 tpy of SO2, 43.3 tpy of NOx, and 46 tpy of total suspended particulates (TSP, or PM10). The SEP will permanently remove SO2, NOx and PM emissions from the NJ air shed. State SEP requires SGCI to pay $250,000 into fund established by the OK Dept of Env Quality for the purpose of reducing NOx emissions in the Tulsa air shed. SGCI will pay a $2.25 million penalty - $1.15 million paid to the U.S. and $1.1 million divided among the 12 state and local regulatory agencies that have joined the settlement. The following 10 states and 2 regional regulatory agencies joined EPA in this CD: MA, PA, NC, IL, IN, WI, OK, LA, MO and WA, plus the Puget Sound Clean Air Agency and the San Joaquin Valley Unified Air Pollution Control District.

Defendants (1)

• ST. GOBAIN CONTAINERS, INC.Named in complaintNamed in settlement

Facilities (2)

• ARDAGH GLASS INC. ** INACTIVE **

  2201 FIRESTONE PARKWAY, WILSON, NC, 27893

  Registry ID: 110000347802

• ARDAGH GLASS INC.

  620 FACET ROAD, HENDERSON, NC, 27537

  Registry ID: 110001482887

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• ST. GOBAIN CONTAINERS, INC. (NATIONAL CASE)entered 2010-05-07

  Primary law: CAA

  Federal penalty: $153,333 · State/local: $100,000

Timeline (6 milestones)

• 2005-12-13Referred To Dept Of Justice
• 2006-02-06Enforcement Action Data Entered
• 2010-01-21Final Order Lodged
• 2010-01-21Complaint Filed With Court
• 2010-05-07Concluded
• 2010-05-07Final Order Entered