EPA v. GUARDIAN INDUSTRIES CORPORATION (NATIONAL CASE)

Case summary

9/29/15 Guardian Industries Corp. to Cut Harmful Air Pollution at Flat Glass Manufacturing Plants in Seven States EPA and DOJ today announced a settlement with Guardian Industries Corp. that will resolve alleged violations of the CAA at Guardian's flat glass manufacturing facilities throughout the U.S. Under the proposed settlement, Guardian will invest more than $70 million to control emissions of nitrogen oxide (NOX), sulfur dioxide (SO2), particulate matter (PM) and sulfuric acid mist (H2SO4) from all of its flat glass manufacturing facilities. Guardian will also fund an environmental mitigation project valued at $150,000 to reduce particulate matter pollution in the San Joaquin Valley in California and pay a civil penalty of $312,000. This settlement is a great example of a cooperative, company-wide effort to reduce air pollution and will mean cleaner air for communities across the country, where glass manufacturing is currently a significant source of the air pollutants that cause serious lung and heart problems said Atty Gen John C. Cruden for the Justice Dept's Environment and Natural Resources Div. We are also particularly grateful to the states of Iowa and NY, as well as the San Joaquin Valley Air Pollution Control District, all of whom were active partners in achieving this important outcome for the American people. We applaud Guardian Industries, who today became an industry leader by committing to a substantial investment to reduce emissions of air pollutants that are harmful to human lungs,said Barbara L. McQuade, United States Attorney for the ED of Michigan. This agmt strikes the appropriate balance between promoting manufacturing and protecting the clean air that is essential to public health and Michigan?s future. New Yorker's health, environment, and economy depend on clean air, said New York State Attorney General Eric Schneiderman. This settlement will ensure that the Guardian facility in Geneva operates in full compliance with air pollution laws. It will also significantly cut emissions from the facility, providing a breath of fresh air to New Yorkers living in the Finger Lakes region. Todays settlement resolves allegations that Guardian violated the CAA and state air pollution control plans when it made major modifications to its flat glass furnaces that significantly increased harmful air emissions. This settlement is part of EPA's ongoing National Enforcement Initiative addressing CAA New Source Review and Prevention of Significant Deterioration program violations, and is the agency's first settlement involving the flat glass manufacturing sector. Flat glass, also known as float glass, is used as windows for office buildings and homes as well as for automobile windshields. The $150,000 mitigation project with the San Joaquin Air Pollution Control District will provide incentives to low-income residents living in the San Joaquin Valley to replace or retrofit inefficient, higher-polluting wood-burning appliances with cleaner-burning, more energy-efficient appliances. The San Joaquin Valley is an area with poor air quality. EPA expects that the pollution controls required by the settlement will reduce harmful emissions by 7,300 tons per year, including approximately 6,400 tons per year of NOx, 550 tons per year of SO2, 200 tons per year of PM and 140 tons of H2SO4. The mitigation project in California will yield additional reductions of PM. These emissions reductions will result in significant human health and environmental benefits for communities. Guardian's flat glass manufacturing facilities are located in Kingsburg, Calif., DeWitt, Iowa, Carleton, Mich., Geneva, NY, Floreffe, Pa., Richburg, SC, and Corsicana, TX. The states of Iowa and New York actively participated in the settlement and will each receive $78,000 of the total penalty. The US will receive $156,000. The San Joaquin Valley Air Pollution Control District also actively participated in the settlement.

Defendants (1)

• GUARDIAN INDUSTRIES CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• GUARDIAN INDUSTRIES LLC

  610 L&C RAILWAY DISTRIBUTION PARK, RICHBURG, SC, 29729

  Registry ID: 110043853238

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• GUARDIAN INDUSTRIES CORPORATION (NATIONAL CASE)entered 2016-01-13

  Primary law: CAA

  Federal penalty: $22,286

Timeline (6 milestones)

• 2014-09-10Referred To Dept Of Justice
• 2014-09-16Enforcement Action Data Entered
• 2015-09-29Complaint Filed With Court
• 2015-09-29Final Order Lodged
• 2016-01-13Final Order Entered
• 2016-01-13Concluded