The consent decree was lodged on June 19, 2013. Ash Grove has agreed to pay to the United States as a civil penalty the sum of $1,666,000 together with interest accruing from the Effective Date through the date of payment. The consent decree requires Ash Grove to install and continuously operate current best available control technology (BACT) and meet NOx emission limits. Ash Grove is also required to meet unit specific BACT level SO2 emission limits for all kilns.
In Region 6, Ash Grove will install SNCR technology at Foreman Kiln 4 and will retire Midlothian Kiln 1 and Midlothian Kiln 2. Ash Grove agreed not to operate Midlothian Kiln 3 unless and until Midlothian Kiln 3 has been Reconstructed.
The, Plaintiff, the United States of America, on behalf of the United States Environmental Protection Agency (herein U.S. EPA) has, simultaneously with the lodging of this Consent Decree, filed a Complaint against Defendant Ash Grove Cement Company (Defendant), pursuant to Sections 113(b) and 167 of the Clean Air Act (Clean Air Act or Act), 42 U.S.C. 7413(b) and 7477, for injunctive relief and the assessment of civil penalties for violations of one or more of the following statutory and regulatory requirements of the Act at one or more of each of Defendant?s Portland cement plants which collectively are located in nine (9) different states within the United States: the Prevention of Significant Deterioration (PSD) provisions of the Act, 42 U.S.C. 7470-7492; and/or the n