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Madera Glass (AO #2)

Administrative - Formal · FY2003 · — · Unilateral Administrative Order Without Adjudication · 93342

Penalty
Cost recovery
Compliance action

Case

Case Number
09-2003-0040
Type
Administrative - Formal
Lead
EPA
Outcome
Unilateral Administrative Order Without Adjudication
Multimedia
Self-disclosure
N

Defendants (1)

Summary

This is an AO issued to Saint-Gobain Containers, L.L.C. (?Saint-Gobain?) pursuant to Section 113(a)(1), (4) of the Clean Air Act, 42 U.S.C. ? 7413(a)(1), (4) (the ?Act?). The Order has been issued by the Director of the Air Division, Region IX, of the United States Environmental Protection Agency (?EPA?) for Saint-Gobain?s glass manufacturing and bottle forming plant in Madera, California (the ?Facility?). Under the terms of the Order, Saint-Gobain has agreed to 1) submit to EPA a preliminary analysis of Best Available Control Technology for NOx emissions from Furnace #2 that complies with the requirements of the Act and EPA?s Prevention of Significant Deterioration (?PSD?) regulations at 40 C.F.R. Part 52; 2) maintain and operate continuous emissions monitoring systems in the Furnace #2 exhaust stack; and 3) comply with an interim emission limit of 4.0 pounds of NOx per ton of glass produced from Furnace #2. These requirements are in response to EPA?s Notice of Violation (?NOV?), Docket No. R9-99-13, issued August 6, 1999 for violations of the PSD program. The NOV notified the Facility of EPA?s finding that the Facility had violated Section 165 of the Act and 40 C.F.R. ?52.21 as incorporated into the applicable implementation plan for California at 40 C.F.R. ?52.270 because it failed to obtain a PSD permit for a major modification before commencing construction of modifications to Furnace #2 on or about December 23, 1998. [Note that an earlier action against Madera Glass

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