EPA v. California Portland Cement

Case summary

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced that CalPortland Company (CPC), a major producer of Portland cement and building materials in the United States, has agreed to pay a $1.425 million penalty to resolve alleged violations of the Clean Air Act at its cement plant in Mojave, California. CPC will also spend an estimated $1.3 million on pollution controls that will reduce harmful emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2), pollutants that can lead to childhood asthma and smog. The government�s complaint alleges that CPC made significant modifications to its plant, resulting in increased emissions of NOx, SO2 and carbon monoxide, without first obtaining a Clean Air Act-required permit and without installing necessary pollution control equipment. Major sources of air pollution are required to obtain such permits before making changes that would result in a significant emissions increase of any pollutant. The settlement ensures that the proper equipment, estimated to cost $1.3 million to install and $500,000 per year to operate, will be installed to reduce future emission levels. These measures are expected to reduce pollution each year from the plant by at least 1,200 tons of NOx and 360 tons of sulfur dioxide SO2.

Defendants (2)

• California Portland Cement
• CalPortland CompanyNamed in complaintNamed in settlement

Facilities (1)

• CA PORTLAND CEMENT CO

  9350 OAK CREEK ROAD, MOJAVE, CA, 93501

  Registry ID: 110017431233

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 173 — New Source Review Permit Requirements

Enforcement conclusions (1)

• California Portland Cemententered 2012-02-09

  Primary law: CAA

  Federal penalty: $1,425,000

Timeline (9 milestones)

• 2008-09-18Enforcement Action Data Entered
• 2008-09-26Referred To Dept Of Justice
• 2011-12-15Complaint Filed With Court
• 2011-12-15Final Order Lodged
• 2012-02-09Final Order Entered
• 2012-02-09Concluded
• 2016-10-20Demand for Stipulated Penalties
• 2019-03-07Enforcement Action Closed
• 2019-03-07Air Resolved