EPA v. NATIONAL CEMENT

Case summary

THIS IS A CIVIL JUDICIAL REFERRAL TO SEEK PENALTIES AGAINST NATIONAL CEMENT COMPANY OF CALIFORNIA, INC. FOR VIOLATING SECTION 110 OF THE CLEAN AIR ACT (CAA OR THE ACT), 42 U.S.C. 7410, AND SECTION 103 OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), 42 U.S.C. 9603. NATIONAL CEMENT VIOLATED ITS NOX EMISSION LIMITS AND AUTHORITY TO CONSTRUCT, EMITTING HUNDREDS OF TONS OF EXCESS EMISSIONS. THE FACILITY ALSO VIOLATED THE CO AND SO2 EMISSION LIMITS AND PREVENTION OF SIGNIFICANT DETERIOR- ATION PERMIT ON NUMEROUS OCCASIONS AND FAILED TO COMPLY WITH OTHER REQUIREMENTS IN THAT PERMIT FOR EMISSIONS MONITORING AND REPORTING. ADDITIONALLY, NATIONAL CEMENT VIOLATED SEC. 103 OF CERCLA WHICH REQUIRES REPORTING OF ANY RELEASE OF A CERCLA HAZARDOUS SUBSTANCE ABOVE ITS RQ. NATIONAL CEMENT FAILED TO COMPLY WITH THIS REQUIREMENT EVEN THOUGH ITS EMISSIONS OF NITROGEN DIOXIDE, A CERCLA HAZARDOUS SUBSTANCE, EXCEEDED THE APPLICABLE REPORTABLE QUANTITY (RQ).

Defendants (1)

• NATIONAL CEMENTNamed in complaintNamed in settlement

Facilities (1)

• NATL CEMENT CO

  HWY 138, LEBEC, CA, 93243

  Registry ID: 110000601180

Statutes cited

• CAA 173 — New Source Review Permit Requirements
• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• National Cement Consent Decreeentered 2003-07-21

  Primary law: CAA

  Federal penalty: $838,396

Timeline (6 milestones)

• 2001-09-28Referred To Dept Of Justice
• 2001-10-01Enforcement Action Data Entered
• 2003-07-21Complaint Filed With Court
• 2003-07-21Concluded
• 2003-07-21Final Order Entered
• 2003-07-21Final Order Lodged