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

Case summary

THIS CASE INVOLVES VIOLATIONS OF THE PREVENTION OF SIGNIFICANT DETERIORIATION (PSD) REQUIREMENTS FOUND IN SECTION 165(a) OF THE CAA. EPA ALLEGES THAT LEHIGH CEMENT COMPANY, LLC VIOLATED SECTION 165(a) OF THE CAA FOR NITROGEN OXIDE AND SULFUR DIOXIDE EMISSIONS. EPA'S CASE INVOLVES MULTIPLE REGIONS. 12/3/19 - LEHIGH CEMENT COMPANY LLC AND LEHIGH WHITE CEMENT COMPANY LLC HAVE AGREED TO INVEST APPROX $12 MILLION IN POLLUTION CONTROL TECHNOLOGY AT THE 11 PORTLAND CEMENT MANUFACTURING PLANTS IN AL, CA, IA, INDIANA, MARYLAND, NY, PA, AND TX, TO RESOLVE ALLEGED VIOLATIONS OF THE CAA. THE AGREEMENT IS MEMORALIZED IN A CD WHICH HAS BEEN LODGED WITH THE DISTRICT COURT, ED OF PA. The Consent Decree resolves alleged violations of the Clean Air Act and requires Defendants to pay a civil penalty to the United States; the States of Indiana, Iowa, Maryland and New York; the Pennsylvania Department of Environmental Protection, the Bay Area Air Quality Management District and the Jefferson County Board of Health. The Defendants must perform injunctive relief at eleven of their Portland cement facilities, which are located in eight different States within the United States.

Defendants (1)

• LEHIGH CEMENT COMPANY, LLCNamed in complaintNamed in settlement

Facilities (4)

• LEHIGH CEMENT COMPANY

  8401 2ND AVENUE, LEEDS, AL, 35094

  Registry ID: 110038165936

• LEHIGH CEMENT COMPANY

  8401 2ND AVENUE, LEEDS, AL, 35094

  Registry ID: 110038165936

• LEHIGH CEMENT COMPANY

  8401 2ND AVENUE, LEEDS, AL, 35094

  Registry ID: 110038165936

• LEHIGH CEMENT COMPANY

  8401 2ND AVENUE, LEEDS, AL, 35094

  Registry ID: 110038165936

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

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

  Primary law: CAA

  Federal penalty: $74,395 · State/local: $86,298

Timeline (6 milestones)

• 2013-03-26Referred To Dept Of Justice
• 2013-03-28Enforcement Action Data Entered
• 2019-12-03Final Order Lodged
• 2019-12-03Complaint Filed With Court
• 2020-11-18Final Order Entered
• 2020-11-19Concluded