EPA v. LEHIGH PORTLAND CEMENT

Case summary

THE SUBJECT CO IS IN VIOLATION OF THE REQUIREMENTS OF IOWA ADMIN CODE REGS 4.3(2)C(2) (FUGITIVE DUST NON-ATTAINMENT AREAS), AND 4.1(1) & 4.1(2)C, OPACITY. IOWA HAS BEEN DELEG- ATED THE AUTHORITY TO ENFORCE THE NSPS FOR PORTLAND CEMENT PLANTS (40CFR PART 60, SUBPART F). IN ADDITION, THE SOURCE IS LOCATED IN A NONATTAINMENT AREA FOR PARTICULATE MATTER. REGION VII ISSUED AN NOV ON 3/16/83. CONTINUING VIOLATIONS WERE DOCUMENTED ON 7/12/83 AND OTHER DATES BY REGION VII AND STATE INSPECTORS. THIS CASE IS BEING REFERRED PURSUANT TO THE ENFORCEMENT POLICY SET OUT IN THE 9/30/83 MEMO ENTITLED ENFORCEMENT ACTION AGAINST STATIONARY AIR SOURCES WHICH WILL NOT BE IN COMPLIANCE BY DECEMBER 31, 1982. THE STATE AGENCY'S ACTION IN REGARD TO THESE VIOLATIONS IS NOT IN CONFORMITY WITH THAT POLICY. THE STATE HAS ISSUED A DEPARTMENTAL ORDER CONTAIN- ING A GENERAL COMPLIANCE SCHEDULE, BUT THE ORDER CONTAINS NO INCREMENTS OF PROGRESS, NOR DOES IT IMPOSE PENALTIES FOR PAST VIOLATIONS NOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE SCHEDULE IN THE ORDER. THE DEF DEFENDANT HAS CONTESTED THE STATE ORDER AND WANTS A SCHEDULE RUNNING TO 1986. CONSENT ORDER ENTERED 5/84, W. SOME OF SCHEDULE RUNNING TO '86, AND STIP. PENS. BUT NO PENS. FOR PAST VIOLATIONS. BECAUSE LEHIGH HAS APPEALED THE ORDER, MOST OF THE COMPLIANCE DATES THEREIN HAVE PASSED. REGION VII IS RECOMMENDING THE INITIATION OF A CIVIL ACTION, REQUESTING CIVIL PENALTIES FOR PAST VIOLATIONS, IN- JUNCTIVE RELIEF, INCLUDING A COMPLIANCE SCHEDULE WITH IN- CREMENTS OF PROGRESS TO ACHEIVE COMPLAINCE W/IN 6 MONTHS, & STIPULATED PENALTIES FOR FAILURE TO MEET COMPLIANCE SCHED. THE SOURCE IS ENGAGED IN THE MANUFACTURE OF PORTLAND CEMENT, AND IN THE COURSE OF THESE ACTIVITIES, GENERATES FUGITIVE DUST FROM SEVERAL SOURCES ON THE PROPERTY AND HAS SEVERAL EMISSION POINTS SUBJECT TO OPACITY REQUIREMENTS. FOR THE MAJORITY OF THE SOURCES OF FUGITIVE DUST, THERE ARE MEASURES THAT CAN BE EMPLOYED TO SUPPRESS THE DUST THAT DO NOT TAKE LONG TO IMPLEMENT AND DO NOT COST MUCH. FUGITIVE DUST IS ALSO CAUSED BY VEHICLE TRAFFIC ON UNPAVED ROADWAYS ON DEFENDANT'S PROPERTY WHICH CAN BE PAVED WITH AN ASPHALTIC EMULSION, OILED, SPRAYED WITH AN AD- HESIVE, OR WATERED REGULARLY TO SUPPRESS DUST. THIS DOES NOT REQUIRE A LONG LEAD TIME TO IMPLEMENT.AN OPACITY VIOLATION OF NSPS STANDARDS HAS ALSO BEEN DOCUMENTED.

Defendants (1)

• LEHIGH PORTLAND CEMENT COMPANYNamed in complaintNamed in settlement

Facilities (1)

• LEHIGH CEMENT COMPANY

  700 25TH ST. N.W., MASON CITY, IA, 504019771

  Registry ID: 110000767705

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• LEHIGH PORTLAND CEMENT COMPANYentered 1986-07-15

  Primary law: CAA

  Federal penalty: $35,000

Timeline (7 milestones)

• 1983-12-28Referred To Headquarters
• 1984-01-18Referred To Dept Of Justice
• 1984-04-04Complaint Filed With Court
• 1986-07-15Concluded
• 1986-07-15Final Order Lodged
• 1986-07-15Final Order Entered
• 1987-07-14Enforcement Action Closed