EPA v. BUZZI UNICEM - LONE STAR INDUSTRIES

Case summary

The most serious violations that EPA found involve the facility burning hazardous waste in the kiln under conditions which do not meet required standards. The kiln is subject to the HWC MACT standards at all times that hazardous waste is in the combustion chamber. The HWC MACT requires Lone Star to continuously monitor and record operational data and keep the values under the Operation Parameter Limits (OPLs) set during a required performance test. There were several instances in which the Carbon Monoxide (CO) concentrations in the kiln combustion chamber suddenly spiked to values above the monitors measurement capabilities and instantly brought the hourly rolling average CO concentration above the 100 parts per million (ppm) limit required under the HWC MACT at 40 C.F.R. ? 63.1220(a)(5)(i)(A). A high CO concentration is indicative of incomplete combustion in the combustion chamber. Ring build up collapse in the rotary kiln makes up a large contribution of CO OPL exceedances. An Automatic Waste Feed Cut-Off (AWFCO) will initiate any time that there is an exceedance of an OPL; a valve will close to shut off hazardous waste feed. There is a relay time between when the monitors detect the CO concentration, the values are averaged, and, when the limit is exceeded, relay to back to the AWFCO system. During that relay time, hazardous waste is still being fed to the combustion chamber and conditions are not conducive to complete combustion due to decreased oxygen levels. EPA has estimated that approximately 9 tons of hazardous waste was improperly combusted in this way throughout the years from 2015 to 2018. In addition, it?s estimated that an excess 247 tons of CO was emitted throughout the same time frame for the same and similar upset conditions. Excess Particulate Matter (PM) emissions at the Greencastle Facility were indicated by violations of the HWC MACT at 40 C.F.R. ? 63.1220(a)(7)(i), the PC MACT at 40 C.F.R. ? 63.1345, and the Indiana SIP at 326 IAC ? 5-1-2. The kiln stack had an opacity OPL of 20% associated with it until a particulate matter detection system (PMDS) was installed; the 20% opacity standard was exceeded during 54 separate days between March 6, 2012 and September 18, 2014. Under the HWC MACT, the subject facility is allowed to use a PMDS for PM compliance assurance and not have an associated OPL for PM. The kiln stack is also subject to the 40% opacity limit requirements of the Indiana SIP. The 40% opacity limit was exceeded on 125 separate days from January 9, 2015 and December 30, 2018. Lastly, the hot clinker belt system that is subject to the PC MACT had visible emissions associated with its operation at an opacity above the 10% limitation. These excursions occurred 77 times between April 1, 2017 and November 28, 2018 for a total of 60 hours and 7 minutes. EPA has estimated that the above violations resulted in approximately 13 tons of excess PM emissions between the years 2015 and 2018. In settlement of this case, Lone Star will be required to implement several improvements of the Greencastle Facility?s electrostatic precipitator which controls PM emissions from the cement kiln, install an oxygen analyzer in the kiln to improve the ability to detect conditions not conducive to the combustion process, install a dust suppression system on their hot clinker belt, and analyze and improve kiln start up procedures. As part of the settlement, Lone Star will pay a civil penalty of $729,000, split evenly between the United States and Indiana. To mitigate past excess PM emissions, Lone Star will be improving existing dust suppression controls and undertaking paving projects to reduce fugitive PM emissions from roadways. EPA estimates that this settlement will reduce excess PM emissions by 2.44 tons per year, CO emissions by 46.4 tons per year, and prevent 1.69 tons per year of hazardous waste from being improperly combusted.

Defendants (1)

• BUZZI UNICEM - LONE STAR INDUSTRIESNamed in complaintNamed in settlement

Facilities (1)

• LONE STAR INDUSTRIES INCORPORATED DBA BUZZI UNICEM USA

  3301 S CR 150 W, GREENCASTLE, IN, 46135-5510

  Registry ID: 110056963451

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• BUZZI UNICEM - LONE STAR INDUSTRIESentered 2021-08-09

  Primary law: CAA

  Federal penalty: $364,500 · State/local: $364,500

Timeline (5 milestones)

• 2017-09-27Referred To Dept Of Justice
• 2017-09-28Enforcement Action Data Entered
• 2021-06-02Final Order Lodged
• 2021-06-02Complaint Filed With Court
• 2021-08-09Final Order Entered