EPA v. Guardian Industries-CAA Consent Decree (National Case) (R6 Lead)

Case summary

On September 29, 2015, the United States of America, on behalf of EPA, and the State of Iowa, the State of New York, and the San Joaquin Valley Unified Air Pollution Control District filed a Complaint and lodged a Consent Decree (CD) addressing a global settlement of Clean Air Act (CAA) violations at eight float glass manufacturing plants owned/operated by Guardian Industries Corp. These eight plants are located in Carleton, MI; Corsicana, TX; Floreffe, PA; DeWitt, IA; Geneva, NY; Richburg, NC; and Kingsburg, CA. The CAA violations consist of major modifications that occurred at these eight plants without having obtained a Prevention of Significant Deterioration permit as required by 42 U.S.C. 7475 and 40 C.F.R. 52.21. This settlement was part of the Glass Plant New Source Review National Initiative. Under the terms of the proposed settlement, Guardian Industries will install air pollution control equipment so that all eight of its float glass furnaces will control emissions of NOX, SO2, and PM at an estimated cost of $70.6 million. Upon full implementation of the CD, NOX emissions will be reduced by more than 6,400 tons per year (TPY); SO2 emissions by more than 550 TPY, PM emissions by more than 200 TPY, and H2SO4 by 140 TPY. Guardian will pay a civil penalty of $312,000 to be split as follows: $156,000 to the United States, $78,000 to the State of Iowa, and $78,000 to the State of New York.

Defendants (1)

• Guardian IndustriesNamed in complaintNamed in settlement

Facilities (1)

• GUARDIAN INDUSTRIES

  3801 S US HIGHWAY 287, CORSICANA, TX, 75109

  Registry ID: 110002339434

Statutes cited

• CAA TITLE5 — Title V Permits
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Guardian Industries-CAA Consent Decree (National Case) (R6 Lead)-2016entered 2016-01-13

  Primary law: CAA

  Federal penalty: $22,286

Timeline (5 milestones)

• 2014-06-26Referred To Dept Of Justice
• 2014-07-10Enforcement Action Data Entered
• 2015-09-29Complaint Filed With Court
• 2015-09-29Final Order Lodged
• 2016-01-13Final Order Entered