EPA v. LAFARGE NORTH AMERICA, INC. (NATIONAL CASE) (LEAD)

Case summary

In July 2003, EPA and Lafarge initiated global settlement discussions in order to address possible violations of PSD/NNSR and Title V at the company?s cement plants. The Consent Decree requires Lafarge to, among other things: Control sulfur dioxide (SO2) and nitrogen oxide (NOx) emissions at its cement plants, through both process changes and control equipment; Control NOx emissions at the Joppa, Illinois facility with Selective Catalytic Reduction (SCR). This will be the first such application of SCR on a cement kiln in the United States; Control SO2 emissions at the two largest Lafarge facilities (Alpena, Michigan and Ravena, New York) by installing wet scrubbers; In some cases, utilize a test-and-set method to more accurately determine current emissions and appropriate reductions; and, Install continuous emission monitoring systems for SO2 and NOx at most plants. The Decree requires Lafarge to pay a civil penalty of $5,075,000, with two-thirds ($3,383,000) to be paid to the United States and the remaining one-third ($1,692,000) to be divided among the state/local agency signators. In addition, Lafarge is subject to stipulated penalties for violations of the Decree. The Consent Decree also resolves Lafarge?s liability for past violations of PSD, NNSR and Title V alleged in the complaint. Once Lafarge has satisfied all of its obligations under the Decree and maintained satisfactory compliance for three years at all facilities, it may request termination. The Decree also contains customary language regarding force majeure, dispute resolution, information collection and retention, among other standard provisions. As a result of the injunctive relief required by the Consent Decree, we estimate emission reductions in SO2 of 26,697 tons/year, and in NOX of 9,923 tons/year.

Defendants (1)

• LAFARGE NORTH AMERICA, INC.Named in complaintNamed in settlement

Facilities (6)

• HOLCIM (US) INC

  2500 PORTLAND RD, GRAND CHAIN, IL, 62941-2306

  Registry ID: 110000790653

• HOLCIM (US) INC

  2500 PORTLAND RD, GRAND CHAIN, IL, 62941-2306

  Registry ID: 110000790653

• HOLCIM (US) INC

  2500 PORTLAND RD, GRAND CHAIN, IL, 62941-2306

  Registry ID: 110000790653

• AMRIZE CEMENT INC.

  1435 FORD AVENUE, ALPENA, MI, 49707

  Registry ID: 110015742605

• HOLCIM (US) INC

  2500 PORTLAND RD, GRAND CHAIN, IL, 62941-2306

  Registry ID: 110000790653

• AMRIZE CEMENT INC.

  11435 COUNTY RD 176, PAULDING, OH, 458790226

  Registry ID: 110000592010

Statutes cited

• CAA 173 — New Source Review Permit Requirements
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (4)

• LAFARGE NORTH AMERICA, INC. (NATIONAL CASE)( LEAD)entered 2010-03-18

  Primary law: CAA

  Federal penalty: $780,692 · State/local: $680,250

• LAFARGE NORTH AMERICA, INC. (NATIONAL CASE) (LEAD)entered 2014-07-21

  Primary law: CAA

• LAFARGE NORTH AMERICA, INC. (NATIONAL CASE) (LEAD)entered 2012-10-04

  Primary law: CAA

• LAFARGE NORTH AMERICA, INC. (NATIONAL CASE) (LEAD)entered 2013-11-14

  Primary law: CAA

Timeline (8 milestones)

• 2004-09-29Referred To Dept Of Justice
• 2004-10-04Enforcement Action Data Entered
• 2010-01-21Complaint Filed With Court
• 2011-09-15Supplemental Referral to DOJ for Consent Decree Enforcement-Sent
• 2014-05-09Final Order Lodged
• 2014-07-21Final Order Entered
• 2016-06-23Enforcement Action Closed
• 2016-06-23Air Resolved