EPA v. CALAVERAS CEMENT CORPORATION

Case summary

DEFENDANTS BUILT AND CURRENTLY OPERATE A MAJOR MODIFICATION TO THEIR PORTLAND CEMENT PLANT WITHOUT A VALID PREVENTION OF SIGNIFICANT DETERIORATION PERMIT. ALTERNATIVELY, DEFENDANTS FAILED TO COMPLY WITH THE FACILITY'S AUTHORITY TO CONSTURCT PERMIT ISSUED BY THE KERN'S COUNTY AIR POLLUTION CONTROL DISTRICT ON JULY 6, 1989 BY FAILING TO MEET THE EMISSION LIMITS FOR NITROGEN OXIDES AS SET FORTH IN THE ATC PERMIT. DEFENDANTS FAILED TO COMPLY WITH 40 C.F.R. PART 60 SUBPART F BY FAILING TO PROVIDE, IN A TIMELY MANNER, CONTINUOUS EMISSION MONITORING DATA FOR KILN OPACITY TO THE EPA, AND FOR EXCEEDING PARTICULATE EMISSIONS STANDARDS FROM THE CLINKER COOLER. DEFENDANTS FAILED TO COMPLY WITH 40 C.F.R. PART 60 SUBPART Y BY FAILING TO CONDUCT START-UP PERFORMANCE TESTS ON ITS COAL PREPARATION PLANT. REGION IX IS REQUESTING AUTHORIZATION TO CONDUCT PRE- REFERRAL NEGOTATIONS AND PROPOSES TO RESOLVE THIS CASE VIA A CONSENT DECREE THAT WILL PROVIDE FOR A CIVIL PENALTY IN THE AMOUNT OF $207,480 AND A REQUIREMENT THAT DEFENDANTS COMPLY WITH ALL ATC PERMIT CONDITIONS, NSPS REQUIREMENTS AND OBTAIN A PSD PERMIT.

Defendants (1)

• CALAVERAS CEMENT CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CALAVERAS CEMENT CO

  HWY 58 4 MI E OF TEHACHAPI, MONOLITH, CA, 93561

  Registry ID: 110000481915

Statutes cited

• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CALAVERAS CEMENT CO.entered 1999-02-02

  Primary law: CAA

  Federal penalty: $222,000

Timeline (8 milestones)

• 1992-12-01Enforcement Action Data Entered
• 1994-02-10PRN Sent
• 1994-09-30Referred To Dept Of Justice
• 1997-04-25Complaint Filed With Court
• 1999-02-02Final Order Lodged
• 1999-02-02Final Order Entered
• 1999-02-02Concluded
• 2001-04-20Enforcement Action Closed