EPA v. Capitol Aggregates Ltd

Case summary

On June 25, 2015, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) for Capitol Aggregates, Inc. (Capitol). The Clean Air Act violations alleged in the CAFO arose from Capitol's failure to obtain a PSD permit prior to making two major modifications at Capitol's cement manufacturing facility located in San Antonio,Texas. Capitol subsequently obtained a new PSD permit from the TCEQ which included BACT level permit limits for NOx and SO2. Capitol agreed to pay a civil penalty of $48,000 and complete four mitigation actions to replace equipment at the facility. DOJ signed a waiver to allow the Region to pursue the enforcement case administratively in March 2013.

Defendants (1)

• Capitol Aggregates LtdNamed in complaintNamed in settlement

Facilities (1)

• CAPITOL AGGREGATES CEMENT PLANT

  11551 NACOGDOCHES RD, SAN ANTONIO, TX, 78217

  Registry ID: 110000464710

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Capitol Aggregates Ltdentered 2015-06-25

  Primary law: CAA

  Federal penalty: $48,000

Timeline (6 milestones)

• 2015-02-26Complaint Filed/Proposed Order
• 2015-03-31Enforcement Action Data Entered
• 2015-06-25Final Order Issued
• 2016-03-10Air Resolved
• 2016-03-10Enforcement Action Closed
• 2016-03-10Compliance Achieved