EPA v. Madera Glass (AO #2)

Case summary

This is an AO issued to Saint-Gobain Containers, L.L.C. (?Saint-Gobain?) pursuant to Section 113(a)(1), (4) of the Clean Air Act, 42 U.S.C. ? 7413(a)(1), (4) (the ?Act?). The Order has been issued by the Director of the Air Division, Region IX, of the United States Environmental Protection Agency (?EPA?) for Saint-Gobain?s glass manufacturing and bottle forming plant in Madera, California (the ?Facility?). Under the terms of the Order, Saint-Gobain has agreed to 1) submit to EPA a preliminary analysis of Best Available Control Technology for NOx emissions from Furnace #2 that complies with the requirements of the Act and EPA?s Prevention of Significant Deterioration (?PSD?) regulations at 40 C.F.R. Part 52; 2) maintain and operate continuous emissions monitoring systems in the Furnace #2 exhaust stack; and 3) comply with an interim emission limit of 4.0 pounds of NOx per ton of glass produced from Furnace #2. These requirements are in response to EPA?s Notice of Violation (?NOV?), Docket No. R9-99-13, issued August 6, 1999 for violations of the PSD program. The NOV notified the Facility of EPA?s finding that the Facility had violated Section 165 of the Act and 40 C.F.R. ?52.21 as incorporated into the applicable implementation plan for California at 40 C.F.R. ?52.270 because it failed to obtain a PSD permit for a major modification before commencing construction of modifications to Furnace #2 on or about December 23, 1998. [Note that an earlier action against Madera Glass was referred to DOJ in 1999. This AO is an interim step towards compliance actions which will be more fully addressed in a forthcoming Consent Decree.

Defendants (1)

• Saint-Gobain Containers Inc.Named in complaintNamed in settlement

Facilities (2)

• MADERA GLASS

  24441 AVENUE 12 & ROAD 24 1/2, MADERA, CA, 93637

  Registry ID: 110000482022

• MADERA GLASS

  24441 AVENUE 12 & ROAD 24 1/2, MADERA, CA, 93637

  Registry ID: 110000482022

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Madera Glass Compliance Orderentered 2003-02-26

  Primary law: CAA

Timeline (4 milestones)

• 2003-02-26Complaint Filed/Proposed Order
• 2003-02-26Final Order Issued
• 2003-03-28Enforcement Action Closed
• 2003-03-28Enforcement Action Data Entered