EPA v. CARMEUSE LIME INC. - SOUTH CHICAGO PLANT

Case summary

Carmeuse is a leading lime producer with 35 manufacturing facilities throughout the U.S. and eastern Canada that produce various types of lime products, limestone, and silica sand products. Its North American headquarters are located in Pittsburgh, Pennsylvania, while its international parent company is based in Belgium and oversees operations in 13 countries. This Consent Decree applies to Carmeuse�s lime manufacturing facility at 3245 East 103rd Street, Chicago, Illinois, known to Carmeuse as the South Chicago Operation. The plant has been operating since at least the 1920s and is located in a mixed residential/industrial neighborhood that is identified as an Environmental Justice area of concern. EPA Region 5 and the former City of Chicago Department of Environment (CDOE) had received ongoing citizen complaints of fugitive dust from Carmeuse covering cars, homes, roads, and nearby personal property. The inspection revealed poor maintenance of Carmeuse�s manufacturing operations and associated dust control equipment, which led to fugitive dust emissions affecting the residents nearby. EPA issued a Notice of Violation on March 20, 2008, to Carmeuse for violations of the Fugitive Dust Operating Program required by its Title V Permit, and for exceedences of its opacity limit at its Kiln No. 5. CONSENT DECREE The case was referred to the U.S. Department of Justice on September 11, 2008. As part of settlement negotiations between EPA and Carmeuse following the referral to DOJ, Carmeuse agreed to conduct a third-party audit of its entire facility, with the goal of identifying equipment and maintenance practices that were contributing to the fugitive dust problem. The third party produced a report with numerous recommendations for equipment upgrades, equipment replacements, and improved preventative maintenance and housekeeping practices. This Consent Decree will require Carmeuse to implement the third-party recommendations and to incorporate the ongoing preventative maintenance and housekeeping practices into its Title V permit, ensuring that the benefits of the injunctive relief will endure after the Consent Decree is terminated. CIVIL PENALTY & SUPPLEMENTAL ENVIRONMENTAL PROJECT To settle the matter, Carmeuse has agreed to pay a $350,000 penalty with an additional $125,000 toward a Supplemental Environmental Project (SEP). In addition, the Consent Decree contains stipulated penalties should Carmeuse fail, among other provisions, to complete or maintain any of the third-party recommendations, or should it exceed its permitted opacity limits. Carmeuse has agreed to spend $125,000 on a SEP that will abate lead paint hazards in eligible homes in the Englewood, West Englewood, and South Chicago neighborhoods. Since much of paint-based lead poisoning in children occurs where sliding window sashes disturb old paint, causing it to become airborne and ingestible, the SEP consists of replacing windows in eligible homes. Eligibility criteria include low-income residents, homes of an age where lead paint would likely be present, and residents who are young children. The window replacements will have the additional benefit of being energy-efficient, which can lower residents� energy costs and reduce demand on electricity generators. Lead is a trace metal in limestone and lime dust, which offers the nexus between the violating pollutant and the pollutant to be abated by the SEP. Carmeuse has tentatively contracted with Center for Neighborhood Technologies, a Chicago-based non-profit organization promoting urban sustainability, to complete the work required by the SEP.

Defendants (1)

• CARMEUSE LIME, INC.Named in complaintNamed in settlement

Facilities (2)

• CHICAGO RAIL & PORT LLC

  3245 E 103RD ST, CHICAGO, IL, 60617-5851

  Registry ID: 110001808624

• CHICAGO RAIL & PORT LLC

  3245 E 103RD ST, CHICAGO, IL, 60617-5851

  Registry ID: 110001808624

Statutes cited

• CAA 112D — MACT Standards
• CAA 502 — Operating Permits (Title V)
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 112I — Permits/Compliance Schedule

Enforcement conclusions (1)

• CARMEUSE LIME INC. - SOUTH CHICAGO PLANTentered 2012-10-23

  Primary law: CAA

  Federal penalty: $350,000 · SEP: $125,000

Timeline (7 milestones)

• 2008-09-11Referred To Dept Of Justice
• 2008-09-26Enforcement Action Data Entered
• 2012-07-19Final Order Lodged
• 2012-07-19Complaint Filed With Court
• 2012-10-23Final Order Entered
• 2016-12-13Enforcement Action Closed
• 2016-12-13Air Resolved