EPA v. MARTIN MARIETTA MAGNESIA SPECIALTIES - CONSENT DECREE

Case summary

In a settlement with the United States, Martin Marietta Magnesia Specialties (Martin Marietta), has agreed to undertake significant injunctive relief to reduce harmful air pollution from the company's facility located in Woodville, Ohio, the U.S. Environmental Protection Agency (EPA) announced today. The settlement will resolve claims that the company violated the National Emission Standards for Hazardous Air Pollutants (NESHAP) from Lime Manufacturing Plants, the Prevention of Significant Deterioration program requirements, the Ohio State Implementation Plan, and the Facility's Title V Permit. EPA expects that the actions required by the settlement will result in annual emission reductions of 1,865 tons per year (TPY) of sulfur dioxide (SO2) and 37 TPY of particulate matter (PM), including over 100 pounds per year of metal hazardous air pollutant (HAP) emissions. Martin Marietta will also perform a supplemental environmental project that will cost at least $375,000 to replace an old diesel haul truck with a newer model that emits less pollution, and will retire the old truck rather than resell it. The settlement requires the company to pay a civil penalty of $800,000 to resolve Clean Air Act violations. The settlement requires Martin Marietta to reduce emissions of SO2 from two of its lime kilns by over 90% by installing preheaters. Martin Marietta will also reduce emissions of PM from one of its kilns by installing a new baghouse to replace the existing PM control device. Martin Marietta has also agreed to an emission limit for NOx on two of its lime kilns that is intended to reflect current NOx emissions and prevent NOx emissions from increasing in the future. Martin Marietta will install continuous emission monitoring equipment for SO2 and NOx to ensure compliance with its new limits, and will conduct performance testing for PM.

Defendants (1)

• MARTIN MARIETTA MAGNESIA SPECIALTIESNamed in complaintNamed in settlement

Facilities (1)

• MARTIN MARIETTA MAGNESIA SPECIALTIES INC.

  755 LIME ROAD, WOODVILLE, OH, 434699727

  Registry ID: 110033595152

Statutes cited

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

Enforcement conclusions (1)

• MARTIN MARIETTA MAGNESIA SPECIALTIES - CDentered 2018-06-18

  Primary law: CAA

  Federal penalty: $800,000 · SEP: $375,000

Timeline (6 milestones)

• 2010-09-27Referred To Dept Of Justice
• 2010-10-07Enforcement Action Data Entered
• 2011-06-15Supplemental Referral-Other
• 2018-03-19Final Order Lodged
• 2018-03-19Complaint Filed With Court
• 2018-06-18Final Order Entered