Lehigh Cement Company, LLC (Lehigh) is a leading cement producer with plants across the United States and Canada. It is the third largest cement producer in the United States. Lehigh manufactures a variety of cement and cement related products. Lehigh Cement Company, LLC?s headquarters is located in Pennsylvania. The Decree covers all eleven of Lehigh?s Portland cement manufacturing plants in the United States and includes fourteen kilns. The plants are located in EPA Regions 2, 3, 4, 5, 6, 7, and 9. The plant in Region 5 is in Mitchell, Indiana, and includes three kilns. The proposed settlement includes pollution control technology and enforceable emission limits for nitrogen oxides (NOx) and sulfur dioxide (SO2), as well as penalty and mitigation projects.
The alleged violations in this case are as follows:
- Prevention of Significant Deterioration (PSD), Part C of Title I, 42 U.S.C. ? 7475, and the regulations promulgated thereunder at 40 C.F.R. ?? 52.21 and 51.166, for NOx and SO2;
- Non-attainment New Source Review (NNSR), Part D of Subchapter I of the Act, 42 U.S.C. ? 7503 and the regulations promulgated thereunder at 40 C.F.R. ?? 51.165(a) and (b), 40 C.F.R. Part 51 (Appendix S), and 40 C.F.R. ? 52.24, for NOx and SO2;
- the federally-approved and enforceable state implementation plan (SIP), which incorporates and/or implements the above-listed federal PSD/NNSR requirements;
- the New Source Performance Standards (NSPS) provisions of the Act, 42 U.S.C