Ohio-based glass manufacturer Owens-Brockway Glass Container, Inc. (Owens- Brockway) has entered into a consent decree with the U.S. Environmental Protection Agency (EPA) resolving allegations that it modified air emission sources without undergoing required review under the Clean Air Act (CAA). United States v. Owens-Brockway Glass Container Inc., No. 12-2961 (N.D. Ohio proposed consent decree lodged 11/30/12).
EPA alleged that, while work conducted on furnaces at five glass container manufacturing facilities in Georgia, Oklahoma, Pennsylvania, and Texas constituted major modifications, triggering either Prevention of Significant Deterioration (PSD) or New Source Review (NSR) for non-attainment areas, the company did not meet PSD or NSR requirements. The emissions of concern included nitrogen oxides, sulfur dioxide and particulate matter.
In the consent decree, Owens-Brockway, without admitting liability, agreed to install new emission controls costing $37.5 million, pay a $1.45-million civil penalty and undertake $200,000 worth of supplemental environmental projects. EPA’s enforcement action is generally consistent with its prioritization of enforcement at facilities it identifies as the largest sources of emissions. These include coal-fired power plants, cement plants, glass plants, and acid plants. The proposed consent decree is subject to public comment and court approval.