EPA v. OWENS-BROCKWAY GLASS CONTAINER, INC.

Case summary

EPA alleged that Owens-Brockway violated, at its glass melting furnace (Furnace H), Illinois SIP rule 35 IAC 212.321(a) and corresponding Title V permit Condition 7.3.3.c limiting PM emissions from process units during any one hour period to rates of less than those computed by the relationship E = A(P)B; where E is the allowable emission rate; P is the process weight rate; and A and B are constants. These violations were revealed by EPA during a review of information submitted by Owens-Brockway in response to a Section 114 information request. On March 13, 2007, EPA issued to Owens-Brockway a Notice of Violation and Finding of Violation alleging that the company violated the aforementioned conditions of its Title V permit and Illinois SIP. Owens-Brockway representatives met with EPA on April 17, 2007, to discuss the alleged violations and actions that the company would take to achieve and maintain compliance with the Illinois SIP and its operating permit limitations. Owens-Brockway subsequently proposed utilizing electric boost to reduce PM emissions from the furnace to within the allowable PM limits. Electric boost is a known method of reducing glass furnace PM emissions, if it is used to offset natural gas combustion and not to increase glass production. EPA required that Owens-Brockway demonstrate the effectiveness of the proposed electric boost-production rate schedule by conducting a number of stack tests at varying production rates and electric boost rates. The results of these tests indicated that compliance with the allowable PM limitation can be achieved by maintaining an established minimum electric boost level associated with a daily glass production rate. An agreement on an electric boost and production rate schedule was established, between EPA and Owens-Brockway, in an Administrative Consent Order. EPA also required that Owens-Brockway incorporate this schedule into a federally enforceable permit. EPA is issuing the APO concurrently with the CAFO. Under this CAFO, Owens-Brockway will pay a penalty of $76,725.

Defendants (1)

• OWENS-BROCKWAY GLASS CONTAINER, INC.Named in complaintNamed in settlement

Facilities (1)

• OWENS-BROCKWAY GLASS CONTAINER INC

  901 N SHABBONA ST, STREATOR, IL, 61364-2058

  Registry ID: 110000437812

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• OWENS-BROCKWAY GLASS CONTAINER, INC.entered 2009-05-15

  Primary law: CAA

  Federal penalty: $76,725

Timeline (3 milestones)

• 2009-05-15Complaint Filed/Proposed Order
• 2009-05-15Final Order Issued
• 2009-07-20Enforcement Action Data Entered