The Consent Decree with the Defendant resolves violations of the prevention of significant deterioration of air quality and non-attainment new source review (collectively NSR) requirements of the Clean Air Act and its implementing regulations. The NSR violations resulted from the Defendant's construction in 1998-99 of a new glass melting furnace (Furnace US3) at its tableware glass manufacturing facility in Millville, New Jersey. Construction of Furnace US3 was a major modification that caused a significant net emission increase of NOx and PM-10, which triggered the NSR requirements with respect to those pollutants. The Defendant failed to undergo a proper new source review, in which it was required to install and operate the best available control technology (BACT) for NOx and PM emissions, and to comply with a NOx limit that reflects the lowest achievable emission rate (LAER). Because the facility is located in an attainment area for NOx, the Defendant is required to install and operate BACT to control NOx emissions from Furnace US3. In addition, the facility is located in a non-attainment area for ozone, so it must also comply with the LAER for NOx, the regulated precursor pollutant for ozone. The Defendant failed to obtain a preconstruction permit for Furnace US3 that includes the BACT and LAER requirements, and failed to incorporate these applicable NSR requirements into its title V operating permit.
This case is part of EPA's national NSR enforcement initiative for