Air pollution to be reduced in agreement with glass manufacturer

AG Zoeller: Indiana joins environmental settlement in multistate case

INDIANAPOLIS, IN - Indiana Attorney General Greg Zoeller today announced that Indiana, nine other states and the federal government reached a settlement of an environmental case with a Muncie-based glass manufacturer. Indiana will receive $100,000 in the agreement.

Indiana today joined in the settlement reached by the U.S. Department of Justice and U.S. Environmental Protection Agency and the nation’s second-largest container-glass manufacturer, Saint-Gobain Containers Inc., based in Muncie, Ind. The agreement, involving 15 Saint-Gobain plants, is the first system-wide settlement for the container-glass sector under the federal Clean Air Act.

One of the plants covered by the settlement is Saint-Gobain’s glass-container manufacturing facility in Dunkirk, Ind., in Jay County. Under the agreement, the State of Indiana has not alleged any air-quality violations by that plant. But it is included in the legal remedy and will install new pollution-control equipment under the settlement.

Companywide, the settlement requires Saint-Gobain to upgrade its pollution control equipment at 15 plants, adopt enforceable emission limits and pay civil penalties.

“This is great news for residents of Jay County and east-central Indiana who will ultimately benefit from the technological upgrades that will reduce air pollutants and improve their environmental quality of life,” Zoeller said. “I am pleased that this important Hoosier employer has stepped up to its legal responsibilities and agreed to resolve the federal environmental issues.”

Saint-Gobain has agreed to pay a $2.25 million civil penalty to resolve alleged violations of the Clean Air Act’s “new source review” regulations. Of the $2.25 million civil penalty, Saint-Gobain will pay $1.15 million to the federal government and $1.1 million to the 10 states and two local regulatory agencies that joined the case. Indiana will receive $100,000 under the settlement.

Saint-Gobain also will install pollution control equipment at an estimated cost of $112 million to reduce emissions of nitrogen oxides, sulfur dioxide and particulate matter by approximately 6,000 tons each year. Under the consent decree, Saint-Gobain will install continuous emission monitoring systems at all its glass plants.

“We thank the Department of Justice and U.S. EPA for their work to ensure Hoosiers will benefit from cleaner air in the future,” said Indiana Department of Environmental Management Commissioner Thomas Easterly. “Through this agreement, Saint-Gobain Containers Inc. will reduce emissions in the Muncie area. The new pollution control equipment will contribute to ozone and particulate-matter reductions, which will improve Indiana’s air quality.”

According to the U.S. Environmental Protection Agency (EPA), this is the federal government’s first nationwide Clean Air Act settlement with a glass manufacturer that covers all of a company’s plants. The states of Indiana, Illinois, Louisiana, Massachusetts, Missouri, North Carolina, Oklahoma, Pennsylvania, Washington and Wisconsin, as well as the Puget Sound Clean Air Agency and the San Joaquin Valley Unified Air Pollution Control District, joined in today’s settlement.

In the complaint filed simultaneously with today’s settlement, the federal government, Indiana, nine other states and two local governments alleged that the company constructed new glass furnaces or modified existing ones over two decades without first obtaining pre-construction permits and installing required pollution control equipment. The alleged violations were discovered through an EPA investigation that included inspections, file reviews, information requests, and analysis of data obtained from the company. The Clean Air Act requires major sources of air pollution to obtain such permits before making changes that would result in a significant increase in emissions of any pollutant, according to the EPA.

Filed today in the U.S. District Court for the Western District of Washington, the consent decree is subject to a 30-day public comment period and approval by the federal court. 

According to the EPA, nitrogen oxides are one of the main ingredients involved in the formation of ground-level ozone, which can trigger serious respiratory problems. They react to form nitrate particles, acid aerosols, as well as nitrogen dioxide (NO₂), which also cause respiratory problems. They also contribute to formation of acid rain, nutrient overload that deteriorates water quality, the creation of atmospheric particles that cause visibility impairment most noticeable in national parks and react to form toxic chemicals and contribute to climate change, the EPA reported.

Exposure to sulfur dioxide (SO₂) can aggravate asthma, cause respiratory difficulties, and result in emergency room visits and hospitalization. People with asthma, children and the elderly are especially vulnerable to SO₂’s effects. Exposure to particulate matter is also linked to respiratory problems such as asthma and other adverse health effects, the EPA said.

According to the U.S. Justice Department and EPA, the settlement is part of the federal government’s focus on improving compliance among industries that emit significant amounts of air pollution, such as glass manufacturing, cement manufacturing, acid production and coal-fired power. Installing new controls and technology at the facilities will reduce air pollution in the communities downwind from them, the agencies said.

The settlement covers the following 15 Saint-Gobain facilities: Dunkirk, Ind. (two furnaces);  Burlington, Wis. (two furnaces); Carteret, N.J. (one furnace, closed); Dolton, Ill. (three furnaces); Henderson, N.C. (two furnaces); Lincoln, Ill. (one furnace); Madera, Calif. (one furnace); Milford, Mass. (two furnaces); Pevely, Mo. (two furnaces); Port Allegany, Pa. (three furnaces, one closed); Ruston, La. (two furnaces); Sapulpa, Okla. (three furnaces); Seattle (four furnaces); Waxahachie, Texas (one furnace, closed); and Wilson, N.C. (two furnaces). Saint-Gobain has closed two of the plants for independent business reasons, according to the EPA.

A copy of the consent decree is available on the U.S. Justice Department Web site at http://www.justice.gov/enrd/Consent_Decrees.html.