EPA v. Ash Grove Cement Company (National Case)

Case summary

The consent decree was lodged on June 19, 2013. Ash Grove has agreed to pay to the United States as a civil penalty the sum of $1,666,000 together with interest accruing from the Effective Date through the date of payment. The consent decree requires Ash Grove to install and continuously operate current best available control technology (BACT) and meet NOx emission limits. Ash Grove is also required to meet unit specific BACT level SO2 emission limits for all kilns. In Region 6, Ash Grove will install SNCR technology at Foreman Kiln 4 and will retire Midlothian Kiln 1 and Midlothian Kiln 2. Ash Grove agreed not to operate Midlothian Kiln 3 unless and until Midlothian Kiln 3 has been Reconstructed. The, Plaintiff, the United States of America, on behalf of the United States Environmental Protection Agency (herein U.S. EPA) has, simultaneously with the lodging of this Consent Decree, filed a Complaint against Defendant Ash Grove Cement Company (Defendant), pursuant to Sections 113(b) and 167 of the Clean Air Act (Clean Air Act or Act), 42 U.S.C. 7413(b) and 7477, for injunctive relief and the assessment of civil penalties for violations of one or more of the following statutory and regulatory requirements of the Act at one or more of each of Defendant?s Portland cement plants which collectively are located in nine (9) different states within the United States: the Prevention of Significant Deterioration (PSD) provisions of the Act, 42 U.S.C. 7470-7492; and/or the nonattainment New Source Review (nonattainment NSR) provisions of the Act, 42 U.S.C. 7501-7515; the New Source Performance Standards (NSPS) provisions of the Act, 42 U.S.C. 7411; the federally-approved and enforceable state implementation plans (SIPs), which incorporate and/or implement the above-listed federal PSD and/or nonattainment NSR requirements and NSPS Requirements; Title V of the Act, 42 U.S.C. 7661-7661f; and Title Vs implementing federal and state regulations.

Defendants (2)

• Ash Grove Texas, L.P.
• Ash Grove Cement CompanyNamed in complaintNamed in settlement

Facilities (2)

• ASH GROVE CEMENT COMPANY

  4343 HIGHWAY 108, FOREMAN, AR, 71836

  Registry ID: 110000597729

• ASH GROVE CEMENT

  900 GIFCO RD, MIDLOTHIAN, TX, 76065

  Registry ID: 110000459192

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards
• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Ash Grove Cement Company (National Case)entered 2013-08-14

  Primary law: CAA

  Federal penalty: $416,500 · State/local: $103,000

Timeline (8 milestones)

• 2009-09-15Referred To Dept Of Justice
• 2009-09-28Enforcement Action Data Entered
• 2012-10-18Supplemental Referral-Adding parties, counts
• 2013-06-19Final Order Lodged
• 2013-06-19Complaint Filed With Court
• 2013-08-14Final Order Entered
• 2018-05-01Air Resolved
• 2019-02-19Enforcement Action Closed