EPA v. FUYAO GLASS ILLINOIS INC - APO/CAFO

Case summary

On December 19, 2019, EPA issued a Notice and Finding of Violation (NOV/FOV) for Fuyao Glass Illinois, Inc., alleging violations of the federal Prevention of Significant Deterioration (PSD) regulations at 40 C.F.R. Part 52.21 and Title V regulations at 40 C.F.R. Part 70. Fuyao rebuilt its Glass Furnace #1 in 2015-2016. In obtaining a construction permit for the rebuild, Fuyao projected that its emissions would not increase by a significant amount and thus would not be subject to the federal PSD requirements. Post-project actual data demonstrates that Furnace #1's PM10 and PM2.5 emissions increased by greater than PSD significant amounts, contrary to Fuyao?s projections. With those emissions, Fuyao triggered the PSD requirements. Additionally, the construction permit required Fuyao to report to Illinois EPA if its actual emissions exceeded its baseline emissions by a significant amount and were different than the preconstruction projections. This requirement was incorporated into the facility?s Title V Permit. Fuyao did not submit reports to Illinois EPA when its emissions exceeded the baseline emissions by a significant amount and differed from the preconstruction projections. Within 180 days of the Effective Date of the CAFO, Fuyao must install and operate a TriMer UltraCat Catalytic Filter (UCF) system system to control PM2.5 and PM10 emissions, and comply with a total PM emission limit of 0.30 pounds of PM10/PM2.5 per ton of glass produced on a 3-hour average basis. Fuyao will conduct stack tests to demonstrate compliance with this limit. The CAFO also requires Fuyao to pay a penalty of $450,000, and resolves the December 19, 2019 NOV/FOV.

Defendants (1)

• FUYAO GLASS ILLINOIS INCNamed in complaintNamed in settlement

Facilities (1)

• FUYAO GLASS ILLINOIS INC

  2768 E ELWIN RD, DECATUR, IL, 62521

  Registry ID: 110017422582

Statutes cited

• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• FUYAO GLASS ILLINOIS INC - APO/CAFOentered 2022-06-01

  Primary law: CAA

  Federal penalty: $450,000

Timeline (3 milestones)

• 2022-06-01Final Order Issued
• 2022-06-01Complaint Filed/Proposed Order
• 2022-06-27Enforcement Action Data Entered