EPA v. DIGERONIMO AGGREGATES - ACO

Case summary

DiGeronimo owns and operates a shale mineral product processing facility in Independence, Ohio. In a Notice and Finding of Violation issued to DiGeronimo on December 29, 2016, EPA alleged that at its rotary kiln, DiGeronimo violated an hourly NOx emission limit, an annual NOx emission limit which was taken to avoid Nonattainment New Source Review, a requirement to maintain a certain lime injection rate, an annual SO2 emission limit, the opacity limit under the NSPS for Calciners and Dryers in Mineral Industries. EPA also alleged that DiGeronimo failed to notify the state of these permit limit exceedances, and that DiGeronimo had installed new emission units that are affected sources under the NSPS for Nonmetallic Mineral Processing Plants but had not complied with the applicable requirements. This ACO requires DiGeronimo to comply with the NSPS for Nonmetallic Mineral Processing Plants, including submitting the initial performance tests and conducting initial compliance tests. It requires DiGeronimo to comply with the NSPS for Calciners and Dryers in Mineral Industries, including the opacity limitation. The ACO also requires DiGeronimo to comply with all of its permit limitations by the effective date of the Order. Finally, because DiGeronimo violated its synthetic minor limit and thus triggered the Nonattainment New Source Review requirements, the ACO requires DiGeronimo to install LAER and obtain the required offsets at its facility, and to get the appropriate Nonattainment New Source Review Permit.

Defendants (1)

• DIGERONIMO AGGREGATESNamed in complaintNamed in settlement

Facilities (1)

• DIGERONIMO AGGREGATES LLC

  8900 HEMLOCK ROAD, INDEPENDENCE, OH, 441310000

  Registry ID: 110043806708

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA PARTD — New Source Review Permit Requirements
• CAA 173 — New Source Review Permit Requirements
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• DIGERONIMO AGGREGATES - ACOentered 2018-06-04

  Primary law: CAA

Timeline (2 milestones)

• 2018-06-04Final Order Issued
• 2018-06-07Enforcement Action Data Entered