General Industry News

NSR Settlement Means BACT for Big Industry

The settlements cover 15 U.S. plants owned by Saint-Gobain Containers Inc., Muncie, Ind., the nation's second largest container glass manufacturer, and all 13 U.S. plants owned by the Lafarge Co., Herndon, Va., and two subsidiaries, the nation's second largest manufacturer of Portland cement.

The EPA's compliance arm filed two major New Source Review (NSR) settlements on Thursday, Jan. 21, 2010, that will force 28 plants across the country to update their air pollution control systems to current best-available control technology (BACT).

The settlements cover 15 U.S. plants owned by Saint-Gobain Containers Inc., Muncie, Ind., the nation's second largest container glass manufacturer, and all 13 U.S. plants owned by the Lafarge Co., Herndon, Va., and two subsidiaries, the nation's second largest manufacturer of Portland cement. These settlements are the first system-wide settlements for these sectors under the Clean Air Act and require pollution control upgrades, acceptance of enforceable emission limits and payment of civil penalties.

The facilities will have to install BACT for to control an estimated 41,000 tons of SO2, NOX, and particulate matter each year. Saint-Gobain has agreed to implement pollution controls, including the installation of the first-ever selective catalytic reduction (SCR) system at a container glass plant in the U.S. The company also will install continuous emission monitoring systems (CEMS) at all of their glass plants.

Lafarge has agreed to pay a $5 million civil penalty, and to install the first-ever SCR system at a cement plant in the United States. In addition, Lafarge has also agreed to install seven selective non-catalytic reduction (SNCR) systems at long dry cement kilns. According to the EPA, this is among the first application of this technology to this type of kiln in the United States. Lafarge will also install CEMS at all of their cement kilns.

The companies were both under indictment for violating the NSR provisions of the Clean Air Act. As a condition of the settlements, the companies lost their grandfathered status under NSR at not just the in-violation plants, but all of their sites of operation.

The agency's Office of Enforcement and Compliance Assurance and Environment and Natural Resources Division jointly filed the settlement. Seventeen states and two local governments joined as signatories to these actions, according to EPA Administrator Lisa Jackson, in a statement.

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