EPA v. LEHIGH PORTLAND CEMENT (NATIONAL CASE) (NLP)

Case summary

Lehigh Cement Company, LLC (Lehigh) is a leading cement producer with plants across the United States and Canada. It is the third largest cement producer in the United States. Lehigh manufactures a variety of cement and cement related products. Lehigh Cement Company, LLC?s headquarters is located in Pennsylvania. The Decree covers all eleven of Lehigh?s Portland cement manufacturing plants in the United States and includes fourteen kilns. The plants are located in EPA Regions 2, 3, 4, 5, 6, 7, and 9. The plant in Region 5 is in Mitchell, Indiana, and includes three kilns. The proposed settlement includes pollution control technology and enforceable emission limits for nitrogen oxides (NOx) and sulfur dioxide (SO2), as well as penalty and mitigation projects. The alleged violations in this case are as follows: - Prevention of Significant Deterioration (PSD), Part C of Title I, 42 U.S.C. ? 7475, and the regulations promulgated thereunder at 40 C.F.R. ?? 52.21 and 51.166, for NOx and SO2; - Non-attainment New Source Review (NNSR), Part D of Subchapter I of the Act, 42 U.S.C. ? 7503 and the regulations promulgated thereunder at 40 C.F.R. ?? 51.165(a) and (b), 40 C.F.R. Part 51 (Appendix S), and 40 C.F.R. ? 52.24, for NOx and SO2; - the federally-approved and enforceable state implementation plan (SIP), which incorporates and/or implements the above-listed federal PSD/NNSR requirements; - the New Source Performance Standards (NSPS) provisions of the Act, 42 U.S.C. ? 7411, and its implementing regulations, for NOx and SO2 only; and - Title V of the Act, 42 U.S.C. ?? 7661-7661f, and Title V?s implementing federal and state regulations. Lehigh made several changes at their plants resulting in significant net emissions increases of NOx and SO2. Therefore, they were major modifications which required PSD and NNSR permits that were never obtained. Specific to Region 5, the Mitchell plant underwent two major changes occurred that warranted the issued violations. in 2003, two kilns were converted from one-stage preheater kilns to long dry kilns and, in 2005, a series of projects were completed to install a static clinker distribution system in the existing clinker cooler area and to split the common kiln feed and clinker cooler dust system. Upon full implementation, the Decree will result in substantial reductions of NOx and SO2 emissions at the Lehigh plants. NOx emissions will be reduced by approximately 4,555 tpy, and SO2 emissions will be reduced by approximately 989 tpy. Additionally, Lehigh will conduct mitigation projects to replace old engines in several off-road vehicles at some of its plant sites, estimated to achieve 25 tpy reductions in NOx and will cost $650,000. Region 5, specifically, will see a reduction of NOx emissions by approximately 1,703 tpy and SO2 emissions by approximately 932 tpy. Lehigh has agreed to pay a $1.3 million civil penalty. Of the total civil penalty amount, half, or $650,000 million, will be paid to the United States. The other half of the civil penalty, $650,000, will be divided between the seven state and local agencies signing the Decree. Region 5's portion of the penalty is $60,356, as noted in the penalty tab of this CCDS. The total cost of the injunctive relief package is estimated to be $12 million. At the time that this CCDS was drafted, a rough estimation was calculated at $1.2 million for the injunctive relief at the Mitchell plant.

Defendants (1)

• LEHIGH PORTLAND CEMENTNamed in complaintNamed in settlement

Facilities (2)

• HEIDELBERG MATERIALS US CEMENT LLC

  180 N MERIDIAN RD, MITCHELL, IN, 47446-1144

  Registry ID: 110043798744

• HEIDELBERG MATERIALS US CEMENT LLC

  3084 W CR 225 S, LOGANSPORT, IN, 46947-8476

  Registry ID: 110000401459

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 112D — MACT Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• LEHIGH PORTLAND CEMENT (NATIONAL CASE)entered 2020-11-18

  Primary law: CAA

  Federal penalty: $60,356

Timeline (5 milestones)

• 2009-09-25Referred To Dept Of Justice
• 2009-09-28Enforcement Action Data Entered
• 2019-12-03Final Order Lodged
• 2019-12-03Complaint Filed With Court
• 2020-11-18Final Order Entered