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Nevada Cement Company Clean Air Act Settlement

(Washington, DC - May 13, 2017) - 

Settlement Resources
  • Reference News Release
  • Consent Decree
  • Overview
  • Violations
  • Injunctive Relief
  • Pollutant Impacts
  • Health and Environmental Benefits
  • Civil Penalty
  • Comment Period
  • Contact

Overview of Company

Nevada Cement Company is a wholly-owned division of Eagle Materials, Inc., a provider of building materials that serves markets throughout the United States, and headquartered in Dallas, Texas. 

Violations

The United States alleges in its complaint that on more than one occasion, Nevada Cement failed to obtain pre-construction permits and install and operate the appropriate nitrogen oxide (NOx) pollution control technology for major modifications at the cement manufacturing plant located in Fernley, Nevada that resulted in significant net emissions increases of NOx. Nevada Cement upgraded the long-dry rotary kiln to a one-stage pre-heater rotary kiln, rebuilt its clinker coolers, replaced its drive gear reducer and installed new variable speed drives at the kilns. These changes removed cement production bottlenecks and resulted in a significant emissions increase of NOx, violating requirements contained in Section 165(a) of the Clean Air Act, regulations set forth in 40 C.F.R. § 52.21.

Injunctive Relief

The settlement requires Nevada Cement to install and continuously operate modern pollution controls for nitrogen oxide (NOx) emissions at its cement kilns located at the plant. Specifically, Nevada Cement must install a selective non-catalytic reduction system for controlling NOx and meet stringent emission rates at each kiln. For the control of sulfur dioxide (SO2) emissions, Nevada Cement will rely on inherent scrubbing provided by kiln operation and a low-emissions baseline for SO2. Also, Nevada Cement will be required to operate and maintain continuous emission monitoring systems for NOx and SO2 at the kilns. Nevada Cement will spend an estimated $2.5 million on these injunctive relief measures.

The settlement also requires Nevada Cement to spend $420,000 to purchase a new diesel truck and new rail car mover to replace existing equipment at the plant and thereby reduce harmful air emissions.  

Pollutant Impacts

The total estimated NOx emission reductions from the settlement are approximately 1,140 tons per year. The settlement requires that Nevada Cement maintain compliance with environmentally protective emissions limits for NOx and SO2. 

Health and Environmental Benefits

NOx and SO2, two key pollutants emitted from cement plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze. The pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts, and premature death. Reducing these harmful air pollutants will benefit the community located near the plant, particularly those disproportionately impacted by environmental risks, including children.  

Civil Penalty

Nevada Cement will pay a civil penalty of $550,000 for violations resolved in the consent decree. 

Comment Period

The consent decree, lodged in U.S. District Court for the District of Nevada, is subject to a 30-day public comment period and final court approval.  Information on submitting comment is available at the Department of Justice.

For more information, contact:

Robert G. Klepp
Attorney-Adviser
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460
(202) 564-5805
klepp.robert@epa.gov

Shaun Burke
Senior Environmental Engineer
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., N.W.
Washington, DC 20460
(202) 564-1039
​burke.shaun@epa.gov

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Last updated on July 26, 2024
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