EPA v. HAWAIIAN CEMENT

Case summary

HAWAIIAN CEMENT OWNS AND OPERATES A PORTLAND CEMENT PLANT LOCATED IN THE CAMPBELL INDUSTRIAL PARK ON OAHU, HAWAII. THE FACILITY PROCESSES CLINKER WITH GYPSUM TO PRODUCE CEMENT. THE PROCESS GENERATES PARTICULATE MATTER FROM GRINDING, BLENDING, TRANSPORTING, AND STORAGE OF MATERIALS. THE FUGITIVE DUST LIMIT IN THE HAWAII SIP IS 150 MICROGRAMS PER CUBIC METER WITH EXCEPTIONS NOTED IN THE SIP. HAWAIIAN CEMENT CONDUCTED MONITORING FOR 90 DAYS AS REQUIRED BY EPA PURSUANT TO SECTION 114 OF THE CLEAN AIR ACT. HAWAIIAN CEMENT VIOLATED THE 150 MCG/M3 LIMIT DURING APPROXIMATELY EIGHTY PERCENT OF THE MONITORED DAYS. IN ADDITION, REGION IX BELIEVES THAT HAWAIIAN CEMENT MAY BE VIOLATING APPLICABLE NEW SOURCE PERFORMANCE STANDARDS AT THE FACILITY. REGION IX IS CURRENTLY REVIEWING INFORMATION THAT IT RECENTLY RECEIVED FROM HAWAIIAN CEMENT AND WILL SUPPLEMENT THIS REFERRAL IF SUCH INFORMATION SHOWS THAT HAWAIIAN CEMENT IS ALSO VIOLATING THESE STANDARDS. HAWAIIAN CEMENT MUST INSTALL OR UPGRADE CONTROLS ON DUST EMITTING UNITS TO A SUFFICIENT EXTENT TO MEET THE 150 MCG/M3 LIMIT. CERTAIN STORAGE BUILDINGS AND DUST EMITTING OPERATIONS SHOULD BE ENCLOSED WITH EMISSIONS DUCTED TO A BAGHOUSE. OTHER CONTROLS INCLUDES ENCLOSURES AND BAGHOUSES FOR BELT CONVEYORS AND TRASNFER POINTS, AND COVERS OR ENCLOSURES FOR RAW MATERIAL STOCKPILES. IN ADDITION, HAWAIIAN CEMENT MUST CONDUCT MONITORING TO CONFIRM THAT IT CAN COMPLY WITH THE 150 MCG/M3 LIMIT. FINALLY, HAWAIIAN CEMENT MUST PAY APPROPRIATE CIVIL PENALTIES TO RECOVER THE ECONOMIC BENEFIT FOR ITS FAILURE TO COMPLY AND SOME AMOUNT OF GRAVITY AS SET FORTH IN THE CLEAN AIR ACT PENALTY POLICY.

Defendants (1)

• HAWAIIAN CEMENTNamed in complaintNamed in settlement

Facilities (1)

• HAWAIIAN CEMENT CEMENT DIVISION

  91-055 KAOMI LOOP, EWA BEACH, HI, 96706

  Registry ID: 110014038433

Statutes cited

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

Enforcement conclusions (1)

• HAWAIIAN CEMENTentered 1998-02-11

  Primary law: CAA

  Federal penalty: $1,162,500

Timeline (5 milestones)

• 1995-03-01Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 1997-09-15Complaint Filed With Court
• 1997-09-16Final Order Lodged
• 1998-02-11Final Order Entered