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EPA and DOJ Announce Major NSR Settlement
by Roy Bigham
January 21, 2010

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With the announcement today, new lines and standards are set by the federal government.


The EPA and DOJ announced in a press conference in Washington D.C. on Jan. 21, 2010 some details about a settlement with St. Gobain Containers Inc. and Lafarge Co. that could have major impacts on American industry.

The settlement impacts 15 Gobain glass container-manufacturing plants and 13 Lafarge cement plants. During a routine federal inspection, it was noted that some of the plants had failed to properly comply with New Source Review regulations to install Best Available Control Technology (BACT) emission control systems. Some of the other were grandfathered. The settlement requires both companies to install Selective Catalytic Reduction (SCR) systems in every plant the two companies own. The EPA considered this technology to meet BACT requirements to control SO2, NOX and PM emissions.

The use of SCR technology will be the first use of such technology in the glass manufacturing industry and the cement manufacturing industry. The actions establish two very important precedents. One, it establishes SCR control systems as BACT for these industries at this point in time. Secondly, it establishes that grandfathered plants can no longer be considered untouchable.

Assistant Attorney General Ignacia S. Moreno said, “It should be noted that business as usual is no longer acceptable.” When asked what other industries were being investigated, she responded that the DOJ’s policy is not to discuss any ongoing investigations.

Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance was also in attendance and mentioned the agency had previously reached agreement with three power generation companies and were working with others. While she would not be specific, she did hint that their investigations with other industries were an ongoing as outlined in Administrator Lisa Jackson’s earlier memorandum about environmental enforcement.

Industry has officially been put on notice that the agency is upping its enforcement of environmental rules and regulations.


Roy Bigham
roy@pollutionengineering.com
Roy D. Bigham has been the editor of Pollution Engineering since 2002. Bigham attended Eastern Michigan University where he majored in chemistry and computer science with an associates degree in mathematics. He has worked as a laboratory technician at a research laboratory, managed an electroplating operation and an associated analytical laboratory. He spent three years overseeing environmental operations of five domestic and five overseas operations for a major manufacturer in the Detroit area. He then managed a field services department for an environmental analytical laboratory before moving on to a position as an environmental engineer for a construction aggregates company.

Bigham won a design award for a waste water treatment system for a landfill in the Detroit area from the State Chamber of Commerce. He has been active in the environmental field since 1980.


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