_____________________________________ 

 

 

 

 

 

 

 

 

 

 

 

 

 

UNITED STATES DISTRICT COURT
 

FOR THE SOUTHERN DISTRICT OF ILLINOIS 

) 

UNITED STATES OF AMERICA, ) 

)

 Plaintiff, ) 

) 

and the STATE of ALABAMA, the STATE ) 

of ILLINOIS, the STATE of IOWA, ) 

the STATE of KANSAS, the STATE of ) 

MICHIGAN, the STATE of MISSOURI, ) 

the STATE of NEW YORK, the STATE ) 

OF OHIO, the STATE of PENNSYLVANIA, ) 

the STATE of SOUTH CAROLINA ) 

DEPARTMENT OF HEALTH AND ) 

ENVIRONMENTAL CONTROL, ) 

the WASHINGTON STATE ) 

DEPARTMENT OF ECOLOGY, ) 

the OKLAHOMA DEPARTMENT OF ) 

ENVIRONMENTAL QUALITY, and ) 

the PUGET SOUND CLEAN AIR AGENCY, ) 

) 

Plaintiff-Intervenors, ) 

) Civil Action No. ______

 v. ) 

) 

LAFARGE NORTH AMERICA, INC., ) 

LAFARGE MIDWEST, INC. , and ) 

LAFARGE BUILDING MATERIALS, INC., ) 

)

 Defendants. ) 

_____________________________________ ) 

CONSENT DECREE 
 

 

Table of Contents 

I. JURISDICTION AND VENUE................................................................................................. 3
 

II. APPLICABILITY ..................................................................................................................... 3
 

III. DEFINITIONS......................................................................................................................... 5
 

IV. CIVIL PENALTY ................................................................................................................. 19
 

V. NOx CONTROL TECHNOLOGY, EMISSION LIMITS, TONNAGE LIMITS,
 

AND MONITORING REQUIREMENTS ............................................................................. 26
 

A. NOx Control Technology, Emission Limits and Tonnage Limits. .......................... 26
 

B. NOx Continuous Emission Monitoring Systems..................................................... 47
 

VI. SO2 CONTROL TECHNOLOGY, EMISSION LIMITS, TONNAGE LIMITS, AND 

MONITORING REQUIREMENTS ....................................................................................... 48
 

A. SO2 Control Technology, Emission Limits, and Tonnage Limits. ......................... 48
 

B. SO2 Continuous Emission Monitoring Systems...................................................... 70
 

VII. TEMPORARY CESSATION OF KILN OPERATION ...................................................... 71
 

VIII. ELECTION TO RETIRE AND REPLACE KILNS ........................................................... 73
 

IX. PROHIBITION ON NETTING CREDITS OR OFFSETS FROM REQUIRED 

CONTROLS.......................................................................................................................... 74
 

X. PERMITS ................................................................................................................................ 76
 

XI. REVIEW AND APPROVAL OF SUBMITTALS ................................................................ 81
 

XII. REPORTING REQUIREMENTS........................................................................................ 82
 

XIII. STIPULATED PENALTIES .............................................................................................. 86
 

XIV. FORCE MAJEURE ............................................................................................................ 95
 

XV. DISPUTE RESOLUTION ................................................................................................... 98
 

XVI. INFORMATION COLLECTION AND RETENTION ................................................... 100
 

XVII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ....................................... 103
 

i 
XVIII. COSTS ........................................................................................................................... 106
 

XIX. NOTICES.......................................................................................................................... 106
 

XX. EFFECTIVE DATE........................................................................................................... 111
 

XXI. RETENTION OF JURISDICTION.................................................................................. 111
 

XXII. MODIFICATION............................................................................................................ 111
 

XXIII. TERMINATION............................................................................................................ 112
 

XXIV. PUBLIC PARTICIPATION .......................................................................................... 113
 

XXV. SIGNATORIES/SERVICE............................................................................................. 114
 

XXVI. INTEGRATION ............................................................................................................ 114
 

XXVII. FINAL JUDGMENT.................................................................................................... 115
 

XXVIII. APPENDIX ................................................................................................................. 115
 

ii 
WHEREAS, Plaintiff, the United States of America, on behalf of the United States 

Environmental Protection Agency (herein U.S. EPA") has, simultaneously with the lodging of 

this Consent Decree filed a Complaint against Defendants, Lafarge North America Inc., 

(“Lafarge”) and its wholly owned subsidiaries Lafarge Midwest, Inc. (“Lafarge Midwest”) and 

Lafarge Building Materials Inc. (“Lafarge Materials”) (collectively “Defendants”), pursuant to 

Sections 113(b) and 167 of the Clean Air Act (“Clean Air Act” or “the Act”), 42 U.S.C. §§ 

7413(b) and 7477, for injunctive relief and the assessment of civil penalties for violations of one 

or more of the following statutory and regulatory requirements of the Act at one or more of each 

of the individual Defendant’s Portland cement plants which collectively are located in thirteen 

(13) different states within the United States: the Prevention of Significant Deterioration (“PSD”) 

provisions of the Act, 42 U.S.C. §§ 7470-7492; and/or the nonattainment New Source Review 

(“nonattainment NSR”) provisions of the Act, 42 U.S.C. §§ 7501-7515; and/or the federallyapproved and enforceable state implementation plans (“SIPs”), which incorporate and/or 

implement the above-listed federal PSD and/or nonattainment NSR requirements; and Title V of 

the Act, 42 U.S.C. §§ 7661-7661f, and Title V’s implementing federal and state regulations. 

WHEREAS, the State of Alabama, the State of Illinois, the State of Iowa, the State of 

Kansas, the State of Michigan, the State of Missouri, the State of New York, the State of Ohio, 

the State of Pennsylvania, the South Carolina Department of Health and Environmental Control, 

the Washington State Department of Ecology, the Oklahoma Department of Environmental 

Quality, and the Puget Sound Clean Air Agency (collectively, “State Plaintiffs”) have filed a 

Complaint in Intervention; 

WHEREAS, U.S. EPA has provided notice of the violations alleged herein to the 

Defendants and to each of the states where Defendants' Facilities identified in the Complaint and 

1 
Complaint in Intervention are located, and to the Puget Sound Clean Air Agency, pursuant to 

Section 113(a) of the Act, 42 U.S.C. § 7413(a), and Defendants stipulate that they have received 

actual notice of the violations alleged in the Complaint and the Complaint in Intervention and 

that they do not contest the adequacy of the notice provided. 

WHEREAS, the Lafarge Companies deny the allegations of the Complaint of the United 

States and the Complaint in Intervention of the State Plaintiffs and do not admit that they have 

any liability to the United States or the State Plaintiffs for civil penalties or injunctive relief 

arising out of the transactions and occurrences alleged in the Complaint or Complaint in 

Intervention; 

WHEREAS, Plaintiff United States, the State Plaintiffs, and the Lafarge Companies have 

agreed that settlement of this action is in the public interest and will result in air quality 

improvements in the areas where Defendants’ Facilities are located, and that entry of this 

Consent Decree without further litigation is the most appropriate means of resolving this matter; 

and 

WHEREAS, the Parties recognize, and the Court by entering this Consent Decree finds, 

that this Consent Decree has been negotiated by the Parties in good faith and will avoid litigation 

between the Parties and that this Consent Decree is fair, reasonable, and in the public interest. 

NOW, THEREFORE, before the taking of any testimony, without the adjudication or 

admission of any issue of fact or law except as provided in Section I (Jurisdiction and Venue), 

below, and with the consent of the Parties, IT IS HEREBY ADJUDGED, ORDERED, AND 

DECREED as follows: 

2 
I. JURISDICTION AND VENUE 

1. This Court has jurisdiction of the subject matter herein and over the Parties 

consenting hereto pursuant to Sections 113(b), 167, and 304(a) of the Act, 42 U.S.C. §§ 7413(b), 

7477, and 7604(a), and pursuant to 28 U.S.C. §§ 1331, 1345, 1355 and 1367(a). Venue is proper 

under Sections 113(b) and 304(c) of the Act, 42 U.S.C. §§ 7413(b) and 7604(c), and under 28 

U.S.C. §§ 1391(b) and (c) and 1395(a). For purposes of this Consent Decree and the underlying 

Complaint and Complaint in Intervention, the Defendants waive all objections and defenses they 

may have to the Court’s jurisdiction over this action, to the Court’s jurisdiction over the 

Defendants, and to venue in this District. For the purposes of the Complaint and Complaint in 

Intervention filed by the Plaintiffs in this matter and resolved by the Consent Decree, Defendants 

waive any defense or objection based on standing. 

2. For purposes of this Consent Decree, the Lafarge Companies agree that the 

Complaint and Complaint in Intervention state claims upon which relief may be granted pursuant 

to Sections 113 and 167 of the Act, 42 U.S.C. §§ 7413 and 7477. 

II. APPLICABILITY 

3. The obligations of this Consent Decree apply to and are binding upon the United 

States, the State of Alabama, the State of Illinois, the State of Iowa, the State of Kansas, the State 

of Michigan, the State of Missouri, the State of New York, the State of Ohio, the State of 

Pennsylvania, the South Carolina Department of Health and Environmental Control, the 

Washington State Department of Ecology, the Oklahoma Department of Environmental Quality, 

and the Puget Sound Clean Air Agency, and jointly and severally, upon the Lafarge Companies, 

and any successors, assigns, or other entities or persons otherwise bound by law. 

3 
4. At least 30 Days prior to any transfer of ownership or operation of any Facility 

identified in Paragraph 7.w., (except for Atlanta Cement Plant) the Lafarge Companies shall 

provide a copy of this Consent Decree to the proposed transferee and shall simultaneously 

provide written notice of the prospective transfer, together with a copy of the proposed written 

agreement, to U.S. EPA, the United States, and the Affected State(s) in accordance with Section 

XIX (Notices) of this Consent Decree. No transfer of ownership or operation of a Facility 

identified in Paragraph 7.w., whether in compliance with the procedures of this Paragraph or 

otherwise, shall relieve the Lafarge Companies of their obligation to ensure that the terms of the 

Decree are implemented, unless: 

a.	 the transferee agrees, in writing, to undertake the obligations required by Sections V 

(NOx Control Technology, Emission Limits, Tonnage Limits, and Monitoring 

Requirements), VI (SO2 Control Technology, Emission Limits, Tonnage Limits, and 

Monitoring Requirements), VII (Temporary Cessation of Kiln Operation), VIII 

(Election to Retire and Replace Kilns), IX (Prohibition on Netting Credits or Offsets 

From Required Controls), Section X (Permits), Section XI (Review and Approval of 

Submittals), Section XII (Reporting Requirements), Section XIII (Stipulated 

Penalties), Section XIV (Force Majeure), Section XV (Dispute Resolution), and XVI 

(Information Collection and Retention) of this Decree applicable to such Facility and 

further agrees in writing to be substituted for the Defendants as a Party under the 

Decree with respect to such Facility and thus become bound by the terms thereof; 

b.	 the United States and the Affected State(s) determine that the transferee has the 

financial and technical ability to assume the Consent Decree’s obligations applicable 

to such Facility; 

4 
c.	 the United States and the Affected State(s) consent, in writing, to relieve Defendants 

of their Consent Decree obligations applicable to such Facility, and 

d.	 the transferee becomes a party to this Consent Decree with respect to the transferred 

Facility, pursuant to Section XXII (Modification). 

Any attempt to transfer ownership or operation of any of the Facilities identified in Paragraph 

7.w., or any portion thereof, without complying with this Paragraph constitutes a violation of this 

Decree. 

5. The Lafarge Companies shall provide a copy of this Consent Decree to all officers, 

employees, and agents whose duties might reasonably include compliance with any provision of 

this Decree, as well as to any Contractor retained to provide services required to comply with the 

provisions of this Consent Decree. The Lafarge Companies shall condition any such contract 

upon performance of the services in conformity with the provisions of this Consent Decree. 

6. In any action to enforce this Consent Decree, the Lafarge Companies shall not 

raise as a defense the failure by any of its officers, directors, employees, agents, or Contractors to 

take any actions necessary to comply with the provisions of this Consent Decree. 

III. DEFINITIONS 

7. Terms used in this Consent Decree that are defined in the Act or in regulations 

promulgated by U.S. EPA pursuant to the Act shall have the meanings assigned to them in the 

Act or such regulations, unless otherwise provided in this Decree. Whenever the terms set forth 

below are used in this Consent Decree, the following definitions shall apply: 

a.	 “30-Day Rolling Average Emission Limit” shall mean with respect to any Kiln (or 

Kilns, in the case of Ravena) at a Facility, the maximum allowable rate of emission of 

a specified air pollutant from such Kiln or Kilns and shall be expressed as pounds of 

5 
such air pollutant emitted per Ton of clinker produced. Compliance with the 30-Day 

Rolling Average Emission Limit shall be determined in accordance with the 

following procedure, beginning on the 30th Day after the applicable deadline for 

Commencement of Continuous Operation pursuant to Sections V (NOx Control 

Technology, Emission Limits, Tonnage Limits, and Monitoring Requirements) and 

VI (SO2 Control Technology, Emission Limits, Tonnage Limits, and Monitoring 

Requirements): first, sum the total pounds of the air pollutant in question emitted 

from the Kiln or Kilns during an Operating Day and the previous twenty-nine (29) 

Operating Days as measured pursuant to Section V.B. (NOx Continuous Emission 

Monitoring Systems) or Section VI.B. (SO2 Continuous Emission Monitoring 

Systems), as applicable; second, sum the total Tons of clinker produced by the Kiln or 

Kilns during the same Operating Day and previous 29 Operating Days; and third, 

divide the total number of pounds of the air pollutant emitted from the Kiln or Kilns 

during the thirty (30) Operating Days by the total Tons of clinker produced by such 

Kiln or Kilns during the same 30 Operating Days. A new compliance determination 

of the 30-Day Rolling Average Emission Limit shall be calculated for each new 

Operating Day in accordance with the provisions of this Consent Decree. In 

calculating each compliance determination of the 30-Day Rolling Average Emission 

Limit in accordance with this Paragraph 7.a., for a specified air pollutant at any 

Facility, the total pounds of such air pollutant emitted from the Kiln or Kilns during a 

specified period (Operating Day or 30-Day Period) shall include all emissions of that 

pollutant from the subject Kiln that occur during the specified period, including 

emissions during each Startup, Shutdown, or Malfunction, except to the extent a 

6 
Malfunction qualifies as a Force Majeure event under Section XIV and the Lafarge 

Companies have complied with the requirements of that Section. 

b.	 “30-Day Rolling Average Emission Rate” shall mean with respect to each Kiln (or 

Kilns, in the case of Ravena) the rate of emission of a specified air pollutant (NOx or 

SO2) expressed as pounds (lbs.) per Ton of clinker produced at such Kiln(s) and 

calculated in accordance with the following procedure: first, sum the total pounds of 

the pollutant in question emitted from the specified Kiln(s) during an Operating Day 

and the previous twenty-nine (29) Operating Days, as measured pursuant to Section 

V.B. (NOx Continuous Emission Monitoring Systems) or Section VI.B. (SO2 

Continuous Emission Monitoring Systems), as applicable; second, sum the total Tons 

of clinker produced by that Kiln during the same Operating Day and previous 29 

Operating Days; and third, divide the total number of pounds of the specified 

pollutant emitted from the Kiln(s) during the thirty (30) Operating Days referred to 

above by the total Tons of clinker produced at such Kiln(s) during the same 30 

Operating Days. A new 30-Day Rolling Average Emission Rate shall be calculated 

for each new Operating Day. In calculating each 30-Day Rolling Average Emission 

Rate, the total pounds of any pollutant emitted from a Kiln during a specified period 

(Operating Day or 30-Day Period) shall include all emissions of that pollutant from 

the subject Kiln that occur during the specified period, including emissions during 

each Startup, Shutdown, or Malfunction; 

c.	 “Affected State” shall mean any State Plaintiff and its agencies and political 

subdivisions having jurisdiction over a Facility addressed in this Consent Decree; 

d.	 “Business Day” means any Day, except for Saturday, Sunday, and federal holidays. 

7 
e. “CEMS” or “Continuous Emission Monitoring System” shall mean, for obligations 

involving NOx and SO2 under this Consent Decree, the devices defined, installed, 

calibrated, maintained, and operated in accordance with 40 C.F.R. § 60.13 and 40 

C.F.R. Part 60 Appendix B and Appendix F; 

f. “Commence” or “Commencement” of operation of a Control Technology shall mean 

to begin the introduction of the reagent employed by the Control Technology, or as 

otherwise defined by U.S. EPA and the Affected State in approving an alternative 

Control Technology pursuant to Paragraphs 52.f. and 57.f of this Consent Decree; 

g. “Complaint” shall mean the complaint filed by the United States in this action; 

h. “Complaint in Intervention” shall mean the complaint filed by the intervening State 

Plaintiffs in this action; 

i. “Consent Decree” or “Decree” shall mean this Decree and the Appendix attached 

hereto (listed in Section XXVIII), but in the event of any conflict between the text of 

this Decree and any Appendix, the text of this Decree shall control; 

j. “Continuously Operate” or “Continuous Operation” shall mean that when a Control 

Technology is used at a Kiln, except during a Malfunction of the Control Technology, 

it shall be operated at all times of Kiln Operation, consistent with the technological 

limitations, manufacturers’ specifications, and good engineering and maintenance 

practices for such Control Technology and the Kiln; 

k. “Contractor” shall mean any person or entity hired by the Lafarge Companies to 

perform services on its behalf necessary to comply with the provisions of this 

Consent Decree; 

8 
l.	 “Control Efficiency” shall mean the extent of reduction in the emissions of a specific 

air pollutant; 

m. “Control Technology” shall mean Selective Non-Catalytic Reduction, Selective 

Catalytic Reduction, Dry Absorbent Addition, or Wet Flue Gas Desulphurization, or 

other alternative technology approved by U.S. EPA and the Affected State(s) 

pursuant to Paragraphs 52.f or 57.f of this Consent Decree; 

n.	 “Date of Lodging of the Consent Decree” or “Date of Lodging” shall mean the date 

the Consent Decree is filed for lodging with the Clerk of the Court for the United 

States District Court for the Southern District of Illinois; 

o.	 “Day” shall mean a calendar day unless expressly stated to be a Business Day. In 

computing any period of time under this Consent Decree, where the last day would 

fall on a Saturday, Sunday, or federal holiday, the period shall run until the close of 

business of the next Business Day; 

p.	 “Defendants” or “Lafarge Companies” shall mean Lafarge North America, Inc., 

Lafarge Midwest, Inc. and Lafarge Building Materials, Inc.; 

q.	 “Demonstration Phase” shall mean that period of time identified in the Appendix 

during which the Lafarge Companies will establish a 30-Day Rolling Average 

Emission Limit that is achievable through the implementation of Control Technology 

at a given Kiln and that will be applied in accordance with Sections V (NOx Control 

Technology, Emission Limits, Tonnage Limits, and Monitoring Requirements) and 

VI (SO2 Control Technology, Emission Limits, Tonnage Limits, and Monitoring 

Requirements) of this Consent Decree; 

9 
r.	 “Demonstration Phase Facility-Wide 12-Month Rolling Average Emission Limit” 

shall mean, with respect to any Kiln or Kilns at a Facility, the maximum allowable 

rate of emission of a specified air pollutant from such Kiln or Kilns and shall be 

expressed as pounds of such air pollutant emitted per Ton of clinker produced. 

Compliance with the Demonstration Phase Facility-Wide 12-Month Rolling Average 

Emission Limit shall be determined in accordance with the following procedure: first, 

sum the total pounds of the air pollutant in question emitted from the Kiln or Kilns 

during the most recent complete month and the previous eleven (11) months, as 

measured pursuant to Section V.B. (NOx Continuous Emission Monitoring Systems) 

or Section VI.B. (SO2 Continuous Emission Monitoring Systems), as applicable; 

second, sum the total Tons of clinker produced by the Kiln or Kilns during the most 

recent complete month and the previous 11 months; and third, divide the total number 

of pounds of the air pollutant emitted from the Kiln or Kilns during the twelve (12) 

months by the total Tons of clinker produced by such Kiln or Kilns during the 12 

months. A new compliance determination of the Demonstration Phase Facility-Wide 

12-Month Rolling Average Emission Limit shall be calculated for each new complete 

month in accordance with the provisions of this Consent Decree. In calculating each 

compliance determination of the Demonstration Phase Facility-Wide 12-Month 

Rolling Average Emission Limit for a specified air pollutant at any Facility, the total 

pounds of such air pollutant emitted from the Kiln or Kilns during the 12-month 

period shall include all emissions of that air pollutant during each Startup, Shutdown 

or Malfunction that occurs during the 12-month period at issue. A Demonstration 

Phase Facility-Wide 12-Month Rolling Average Emission Limit shall apply only 

10
 
 

 

during the Demonstration Phase and until a 30-Day Rolling Average Emission Limit 

is established under the Appendix of the Consent Decree; 

s.	 “Dry Absorbent Addition” or “DAA” shall mean a pollution control system that 

combines a dry alkaline or semi-dry alkaline reagent directly with the Kiln gas stream 

to achieve the reduction of sulfur dioxide emissions; 

t.	 “Effective Date” shall have the meaning given in Paragraph 156. 

u.	 “Emission Limit” shall mean the maximum allowable Emission Rate of a specified 

air pollutant from any Kiln or Kilns and shall be expressed as pounds of such air 

pollutant emitted per Ton of clinker produced; 

v.	 “Emission Rate” for a specified air pollutant from any Kiln or Kilns shall mean the 

number of pounds of such air pollutant emitted per Ton of clinker measured in 

accordance with this Consent Decree; 

w.	 “Facilities” shall mean the following thirteen (13) Portland cement manufacturing 

facilities used for the production of Portland cement. Each of these facilities may be 

referred to as a “Facility.”

 (1) Alpena Cement Plant, 1435 Ford Avenue; Alpena, Michigan 

49707 (hereinafter “Alpena” or “Alpena, Michigan”); 

(2) Ravena Plant, P.O. Box 3 or Route 9W, Ravena, New York 12143 

(hereinafter “Ravena” or “Ravena, New York”); 

(3) Tulsa Cement Plant, 2609 North 145th East Avenue, Tulsa, 

Oklahoma 74116 (hereinafter “Tulsa” or “Tulsa, Oklahoma”); 

(4) Fredonia Cement Plant, 1400 South Cement Road, Fredonia, 

Kansas 66736 (hereinafter “Fredonia” or “Fredonia, Kansas”); 

11
 
 

 

 

 

 

(5) Sugar Creek Cement Plant, 2200 N. Courtney Road, Sugar Creek, 

Missouri 64050 (hereinafter “Sugar Creek” or “Sugar Creek, 

Missouri”); 

(6) Davenport Cement Plant, PO Box 690, 301 East Front Street, 

Buffalo, Iowa 52728 (hereinafter “Davenport” or “Davenport, 

Iowa”); 

(7) Paulding Cement Plant, 11435 Road 176, Paulding, Ohio 45879 

(hereinafter “Paulding” or “Paulding, Ohio”); 

(8) Joppa Cement Plant, 2500 Portland Road, Grand Chain, Illinois 

62941 (hereinafter “Joppa” or “Joppa, Illinois”); 

(9) Seattle Cement Plant, 5400 West Marginal Way Southwest, Seattle, 

Washington 98019 (hereinafter “Seattle” or “Seattle, Washington”); 

(10) Whitehall Cement Plant, 5160 Main Street, Whitehall, 

Pennsylvania 18052 (hereinafter “Whitehall” or “Whitehall, 

Pennsylvania”); 

(11) Harleyville Cement Plant, 463 Judge Street, Harleyville, South 

Carolina 29448 (hereinafter “Harleyville” or “Harleyville, South 

Carolina”); 

(12) Atlanta Cement Plant, 2520 Paul Avenue, NW, Atlanta, Georgia 

30318 (hereinafter “Atlanta” or “Atlanta, Georgia”); and 

(13) Roberta Cement Plant, 8039 Highway 25 West, Calera, Alabama, 

35040 (hereinafter “Roberta” or “Roberta, Alabama”). 

12
 
x.	 “Facility-Wide 12-Month Rolling Average Emission Limit” shall mean, with respect 

to any Kiln or Kilns at a Facility, the maximum allowable rate of emission of a 

specified air pollutant from such Kiln or Kilns and shall be expressed as pounds of 

such air pollutant emitted per Ton of clinker produced. Compliance with the FacilityWide 12-Month Rolling Average Emission Limit shall be determined in accordance 

with the following procedure, beginning on the 12th month after the applicable 

deadline for Continuous Operation pursuant to Section V (NOx Control Technology, 

Emission Limits, Tonnage Limits, and Monitoring Requirements) and VI (SO2 

Control Technology, Emission Limits, Tonnage Limits, and Monitoring 

Requirements), respectively: first, sum the total pounds of the air pollutant in question 

emitted from the Kiln or Kilns during the most recent complete month and the 

previous eleven (11) months; second, sum the total Tons of clinker produced by the 

Kiln or Kilns during the most recent complete month and the previous 11 months, as 

measured pursuant to Section V.B. (NOx Continuous Emission Monitoring Systems) 

or Section VI.B. (SO2 Continuous Emission Monitoring Systems), as applicable; and 

third, divide the total number of pounds of the air pollutant emitted from the Kiln or 

Kilns during the twelve (12) months by the total Tons of clinker produced by such 

Kiln or Kilns during the 12 months. A new compliance determination of the FacilityWide 12-Month Rolling Average Emission Limit shall be calculated for each new 

complete month in accordance with the provisions of this Consent Decree. In 

calculating each compliance determination of the Facility-Wide 12-Month Rolling 

Average Emission Limit for a specified air pollutant at any Facility, the total pounds 

of such air pollutant emitted from the Kiln or Kilns shall include all emissions of that 

13
 
air pollutant during each Startup, Shutdown or Malfunction that occurs during the 12-

month period at issue; 

y.	 “Facility-Wide 12-Month Rolling Tonnage Limit,” shall mean, with respect to any 

Facility, the maximum allowable Tons of a specified air pollutant that may be emitted 

from all Kilns at a Facility during any consecutive 12-month period, expressed as 

Tons of such air pollutant. Compliance with the Facility-Wide 12-Month Rolling 

Tonnage Limit shall be determined on a monthly basis by summing the total Tons of 

the air pollutant in question emitted from all Kilns at a Facility during the most recent 

complete month and the previous eleven (11) months, as measured pursuant to 

Section V.B. (NOx Continuous Emission Monitoring Systems) or Section VI.B. (SO2 

Continuous Emission Monitoring Systems), of this Consent Decree. A new 

compliance determination of the Facility-Wide 12-Month Rolling Tonnage Limit 

shall be calculated for each new complete month in accordance with the provisions of 

this Consent Decree. In calculating each compliance determination of the FacilityWide 12-Month Rolling Tonnage Limit for a specified air pollutant at any Facility, 

the total Tons of such air pollutant emitted from the Kiln or Kilns shall include all 

emissions of that air pollutant during each Startup, Shutdown, or Malfunction that 

occurs during the 12-month period at issue; 

z.	 “Kiln” as used in this Consent Decree shall have the same meaning as defined at 40 

C.F.R. § 63.1341. The following are identified as the individual Kilns at each 

Facility:

 (1) Alpena, Michigan: Alpena Kiln 19, Alpena Kiln 20, Alpena Kiln 

21 (collectively, “Kiln Group 5”or “KG5”), Alpena Kiln 22 and 

14
 
 

 

 

 

 

 

 

 

Alpena Kiln 23 (collectively, “Kiln Group 6” or “KG6”), including 

any Replacement pursuant to Sections VIII (Election to Retire and 

Replace Kilns) and IX (Prohibition on Netting Credits or Offsets 

from Required Controls); 

(2) Ravena, New York: Ravena Kiln 1, Ravena Kiln 2, including any 

Replacement pursuant to Sections VIII (Election to Retire and 

Replace Kilns) and IX (Prohibition on Netting Credits or Offsets 

from Required Controls); 

(3)	 Tulsa, Oklahoma: Tulsa Kiln 1, Tulsa Kiln 2; 

(4) Fredonia, Kansas: Fredonia Kiln 1, Fredonia Kiln 2; 

(5) Sugar Creek, Missouri: Sugar Creek Kiln 3; 

(6) Davenport, Iowa: Davenport Kiln 1; 

(7) Paulding, Ohio: Paulding Kiln 1, Paulding Kiln 2; 

(8) Joppa, Illinois: Joppa Kiln 1, Joppa Kiln 2, and Joppa Kiln 3; 

(9) Seattle, Washington: Seattle Kiln 1; 

(10) Whitehall, Pennsylvania: Whitehall Kiln 2, Whitehall Kiln 3; 

(11) Harleyville, South Carolina: Harleyville Kiln 1; 

(12) Atlanta, Georgia: Atlanta Kiln 1; 

(13) Roberta, Alabama: Roberta Kiln 5. 

aa. “Kiln Operation” shall mean any period when any raw materials are fed into the Kiln 

or any period when any combustion is occurring or fuel is being fired in the Kiln; 

bb. “Lafarge Companies” shall mean Lafarge North America, Inc., Lafarge Midwest, Inc., 

Lafarge Building Materials, Inc. or any of the foregoing; 

15
 
cc. “Malfunction” as used in this Consent Decree shall have the same meaning as 

defined at 40 C.F.R. § 60.2; 

dd. “National Ambient Air Quality Standards” or “NAAQS” shall mean national ambient 

air quality standards that are promulgated pursuant to Section 109 of the Act, 42 

U.S.C. § 7409; 

ee. “NOx” shall mean oxides of nitrogen, measured in accordance with the provisions of 

this Consent Decree; 

ff. “Non-attainment NSR” shall mean the non-attainment area New Source Review 

(NSR) program within the meaning of Part D of Subchapter I of the Act, 42 U.S.C. §§ 

7501-7515, 40 C.F.R. Part 51, and any applicable State Implementation Plan. 

gg. “Operating Day” shall mean any Day on which Kiln Operation has occurred; 

hh. “Operating Month” shall mean any calendar month in which Kiln Operation has 

occurred; 

ii.	 “Optimization Phase” shall mean those requirements identified in Section IV of the 

Appendix (Control Technology Start Up and Optimization Period); 

jj. “Paragraph” shall mean a portion of this Decree identified by an Arabic numeral; 

kk. “Parties” shall mean the United States, the State of Alabama, the State of Illinois, the 

State of Iowa, the State of Kansas, the State of Michigan, the State of Missouri, the 

State of New York, the State of Ohio, the State of Pennsylvania, Washington State 

Department of Ecology, the South Carolina Department of Health and Environmental 

Control, the Oklahoma Department of Environmental Quality, the Puget Sound Clean 

Air Agency, and the Lafarge Companies; 

16
 
ll.	 “PSD” shall mean the Prevention of Significant Deterioration program within the 

meaning of Part C of Subchapter I of the Act, 42 U.S.C. §§ 7470-7492, 40 C.F.R. Part 

52, and any applicable State Implementation Plan; 

mm. “Replace” or “Replacement” shall mean the construction of any new Kiln at the 

Ravena or Alpena Facilities pursuant to Sections V (NOx Control Technology, 

Emission Limits, Tonnage Limits, and Monitoring Requirements) and VI (SO2 

Control Technology, Emission Limits, Tonnage Limits, and Monitoring 

Requirements) of this Consent Decree, such that the Kiln replaced by the new Kiln 

has been Retired; 

nn. “Retire” or “Retirement” shall mean, with respect to any Kiln: (1) to permanently 

Shut Down the Kiln; and (2) to file an application in accordance with the Affected 

State’s SIP to remove permanently any legal authorization for further operation of the 

Kiln. 

oo. “Section” shall mean a portion of this Decree identified by a Roman numeral; 

pp. “Selective Catalytic Reduction System” or “SCR” shall mean a pollution control 

system that employs ammonia-based reagent injection and a catalyst to speed the 

reaction of the reagent with NOx, for the purpose of reducing NOx emissions; 

qq. “Selective Non-Catalytic Reduction” or “SNCR” shall mean a pollution control 

system that injects an ammonia-based reagent into the gas stream without the use of a 

catalyst for the purpose of reducing NOx emissions; 

rr.	 “SO2” means the pollutant sulfur dioxide, measured in accordance with the provisions 

of this Consent Decree; 

ss. “Shut Down” shall mean the cessation of Kiln Operation; 

17
 
tt. “Startup” shall mean the beginning of Kiln Operation; 

uu. “State Plaintiff” or “State” shall mean any of the following: the State of Alabama, the 

State of Illinois, the State of Iowa, the State of Kansas, the State of Michigan, the 

State of Missouri, the State of New York, the State of Ohio, the State of Pennsylvania, 

the South Carolina Department of Health and Environmental Control, the Washington 

State Department of Ecology, the Oklahoma Department of Environmental Quality, 

or the Puget Sound Clean Air Agency; 

vv. “Temporary Cessation,” “Temporary Cessation of Kiln Operation” or “Temporarily 

Cease Kiln Operation” shall mean the period when a Kiln is not in a state of Kiln 

Operation and the Lafarge Companies have provided the required notice pursuant to 

Paragraph 82 of Section VII (Temporary Cessation of Kiln Operation) of this Consent 

Decree; 

ww. “Title V permit” shall mean a permit required by and issued in accordance with 

the requirements of 42 U.S.C. §§ 7661 - 7661f; 

xx. “Ton” or “Tons” shall mean short ton or short tons; 

yy. “Tonnage Limit” shall mean the total amount of NOx or SO2 emissions allowed under 

this Consent Decree, expressed as Tons. 

18
 
zz. “United States” shall mean the United States of America, acting on behalf of U.S. 

EPA; 

aaa. “U.S. EPA” shall mean the United States Environmental Protection Agency and 

any of its successor departments or agencies; and 

bbb. “Wet Flue Gas Desulphurization System,” or “Wet FGD,” shall mean a pollution 

control system that employs wet gas scrubber technology to achieve the reduction of 

sulfur dioxide emissions. 

IV. CIVIL PENALTY 

8. Within thirty (30) Days after the Effective Date of this Consent Decree, the 

Lafarge Companies shall pay to the United States as a civil penalty the sum of $3,383,000, 

together with interest accruing from the Effective Date through the date of payment, at the rate 

specified in 28 U.S.C. § 1961 as of the Effective Date. The Lafarge Companies shall pay the 

civil penalty due under this Paragraph 8 by FedWire Electronic Funds Transfer (“EFT”) to the 

U.S. Department of Justice in accordance with written instructions to be provided to the Lafarge 

Companies following lodging of the Consent Decree by the Financial Litigation Unit of the U.S. 

Attorney’s Office for the Southern District of Illinois, 9 Executive Drive, Fairview Heights, 

Illinois 62208; telephone (618) 628-3700. At the time of payment, the Lafarge Companies shall 

send a copy of the EFT authorization form and the EFT transaction record, together with a 

transmittal letter, which shall state that the payment is for the civil penalty owed pursuant to the 

Consent Decree in United States, et al. v. Lafarge North America, Inc., et al., and shall reference 

the civil action number and DOJ case number 90-5-2-1-08221, to the United States in 

19
 
accordance with Section XIX of this Decree (Notices); by email to 

acctsreceivable.CINWD@epa.gov; and to: 

U.S. EPA Cincinnati Finance Office 

26 Martin Luther King Drive 

 Cincinnati, Ohio 45268. 

9. Within thirty (30) Days after the Effective Date of this Consent Decree, the 

Lafarge Companies shall pay civil penalties, together with interest accruing from the Effective 

Date through the date of payment at the rate identified in Paragraph 8, in the following amounts 

to the following Affected States in accordance with the payment instructions below: 

State Amount Payment Instructions 

Alabama $55,250 (plus interest per 

Paragraph 8 if applicable) 

Corporate check made payable to “Alabama 

Department of Environmental Management” 

and mailed to: 

Alabama Department of Environmental 

Management 

P.O. Box 301463 

Montgomery, AL 36130-1463 

Kansas $55,250 (plus interest per 

Paragraph 8 if applicable) 

Check payable and mailed to: 

Kansas Department of Health and 

Environment 

Address: Kansas Department of Health and 

Environment 

1000 SW Jackson Street, Suite 310 

Topeka, Kansas 66612-1366 

Attn: Victor Cooper 

The memorandum portion of the check shall 

identify the case number. 

20
 
State Amount Payment Instructions 

Illinois $135,000 (plus 

interest per 

Paragraph 8 if 

applicable) 

Lafarge shall pay to the State of Illinois a civil 

penalty of $135,000.00 to be paid as follows: 

$85,000.00 to the Illinois EPA for deposit into the 

Environmental Protection Trust Fund (“EPTF”) and 

$50,000.00 to the Illinois Attorney General’s Office 

for deposit into the State Projects and Court Ordered 

Distribution Fund for subsequent expenditure as 

authorized by the Attorney General. 

The $85,000.00 payment to the Illinois EPA shall be 

made by certified check or money order payable to 

the Illinois EPA for deposit into the Environmental 

Protection Trust Fund ("EPTF"). Payments shall be 

sent by first class mail and delivered to: 

Illinois Environmental Protection Agency 

Fiscal Services 

1021 North Grand Avenue East 

P.O. Box 19276 

Springfield, IL 62794-9276 

The name, case number and the Defendant's federal 

tax identification number shall appear on the face of 

the certified check or money order. A copy of the 

certified check or money order and any transmittal 

letter shall be sent to: 

Environmental Bureau 

Illinois Attorney General's Office 

500 South Second Street 

Springfield, Illinois 62706 

The $50,000.00 payment to the Illinois Attorney 

General’s Office shall be made by certified check or 

money order payable to the Illinois Attorney 

General's Office for deposit into the State Projects 

and Court Ordered Distribution Fund for subsequent 

expenditure as authorized by the Attorney General 

(con’t on next page) 

21
 
State Amount Payment Instructions 

Illinois (con’t) (con’t from previous page) 

and shall be sent by first class mail and delivered to: 

Josiah E. Small, Accounting Director 

Illinois Attorney General's Office 

500 South Second Street 

Springfield, Illinois 62706 

The name, case number and the Defendant's Federal 

Social Security Number shall appear on the face of 

the certified check or money order. A copy of the 

certified check or money order and any transmittal 

letter shall be sent to: 

Environmental Bureau 

Illinois Attorney General's Office 

500 South Second Street 

Springfield, Illinois 62706 

Iowa $135,000 (plus 

interest per 

Paragraph 8 if 

applicable) 

Check payable to the "State of Iowa" and mailed to: 

David R. Sheridan 

Environmental Law Division 

Lucas State Office Bldg. 

321 E. 12th Street, Room 018 

Des Moines, IA 50319 

Michigan $490,000 (plus 

interest per 

Paragraph 8 if 

applicable) 

Check payable to the "State of Michigan" and shall 

be mailed to: 

Michigan Department of Environmental Quality, 

Financial and Business Services Division, Revenue 

Control 

P.O. Box 30657 

Lansing, Michigan 48909-8157. 

To ensure proper credit, the civil penalty payment 

shall include the Agreement Identification No. 

AQD3303 on the face of the check. 

22
 
State Amount Payment Instructions 

Missouri $55,250 (plus 

interest per 

Paragraph 8 if 

applicable) 

Certified check payable to the “State of Missouri 

(Jackson County Treasurer)” and mailed to: 

Jo Ann Horvath 

Office of the Attorney General 

P. O. Box 899 

Jefferson City, MO 65102-0899 

New York $490,000 (plus 

interest per 

Paragraph 8 if 

applicable) 

In lieu of paying a civil penalty to New York, and in 

accordance with New York State Department of 

Environmental Conservation Guidelines, the Lafarge 

Companies shall fund an environmentally beneficial 

project as follows: 

Within thirty (30) calendar Days after the Effective 

Date of this Consent Decree, Lafarge shall send via 

certified mail a check in the amount of $490,000 

(four hundred and ninety thousand) payable to “New 

York State Energy Research and Development 

Authority” (“NYSERDA”) to Robert Rosenthal, 

Environmental Protection Bureau, Office of the 

Attorney General, The Capitol, Albany, New York 

12224. NYSERDA shall use such funds to carry out 

one or more environmentally beneficial projects 

authorized by New York that pertain to energy 

efficiency and/or pollution reduction. New York 

shall implement such projects within a thirty-mile 

radius of Lafarge’s facility located on Route 9W, 

Ravena, New York. The projects may include but 

not be limited to the weatherization of low income 

housing, photo-voltaic cells on municipal buildings, 

truck-stop electrification, replacement of outdoor 

wood boilers, and the retrofitting of pollution 

controls on school buses. New York shall have 

final approval authority over the project(s) selected. 

23
 
State Amount Payment Instructions 

Ohio $55,250 (plus 

interest per 

Paragraph 8 if 

applicable) 

Two certified checks payable to the order of 

“Treasurer, State of Ohio” and mailed to Martha 

Sexton, Paralegal, or her successor, Office of the 

Attorney General of Ohio, Environmental 

Enforcement Section, 30 East Broad Street, 25th 

Floor, Columbus, Ohio 43215. The two checks shall 

be divided in the following manner: 

The first check shall consist of 80% of the total civil 

penalty due to the State of Ohio. The memorandum 

portion of the check, or some other prominent 

location on the transmittal letter or documentation, 

shall include reference to “A.G. EAGO No. 

354473.” 

The second check shall consist of 20% of the total 

civil penalty due to the State of Ohio and shall be 

contributed to a fund utilized to install, in 

accordance with Ohio Environmental Protection 

Agency guidelines, diesel particulate filters for 

school buses operated by school districts in the State 

of Ohio. Money in the fund shall be made available 

to school districts in accordance with a grant 

established by the Director of the Ohio 

Environmental Protection Agency. The 

memorandum portion of the check, or some other 

prominent location on the transmittal letter or 

documentation, shall include a reference to “A.G. 

EAGO No. 354473” and specify that such monies 

are to be deposited into Fund 5CD0 established by 

Ohio Environmental Protection Agency for the 

Clean Diesel School Bus Program. 

Oklahoma $55,250 (plus Check payable and mailed to: 

Department of interest per 

Environmental Paragraph 8 if Resources Management 

Quality applicable) Accounts Receivable 

Financial and Human Department of Environmental 

Quality 

P.O. Box 2036 

Oklahoma City, OK 73101-2036 

24
 
State Amount Payment Instructions 

Pennsylvania $55,250 (plus 

interest per 

Paragraph 8 if 

applicable) 

Corporate check made payable to the 

“Commonwealth of Pennsylvania – Clean Air Fund” 

and mailed to: 

Air Quality Program Manager, PA Department of 

Environmental Protection, 

2 Public Square 

Wilkes-Barre, PA 18711 

Puget Sound $41,437.50 (plus Check payable to “Puget Sound Clean Air Agency”: 

Clean Air Agency interest per 

Paragraph 8 if 

applicable) 

Dennis McLerran 

Executive Director 

Puget Sound Clean Air Agency 

1904 3rd Ave, Suite 105 

Seattle WA USA 98101 

South Carolina $55,250 (plus Check payable to: “SC Department of Health and 

Department of interest per Environmental Control” 

Health and Paragraph 8 if 

Environmental applicable) R. Keith Frost, Director 

Control Air Compliance Management Division 

Bureau of Air Quality 

SC Department of Health and Environmental 

Control 

2600 Bull Street 

Columbia, SC 29201 

Washington State $13,812.50 (plus Check payable to “Department of Ecology” and sent 

Department of interest per to: 

Ecology Paragraph 8 if 

applicable) Department of Ecology 

Cashiering Unit 

P.O. Box 47611, 

Olympia, WA 98504-7611 

The Memorandum on the check should reference 

NR09002001 and “Lafarge Settlement.” 

10. The Lafarge Companies shall not deduct the any penalties paid under this Section 

in calculating its federal or state or local income tax. 

25 
V. NOx CONTROL TECHNOLOGY, EMISSION LIMITS, TONNAGE LIMITS,
 

AND MONITORING REQUIREMENTS
 

A. NOx Control Technology, Emission Limits and Tonnage Limits. 

11. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall install the NOx Control Technology and comply with the Emission Limits and 

Tonnage Limits for the specific Facilities and Kilns within their system according to Paragraphs 

11 through 44. The Lafarge Companies shall Continuously Operate each NOx Control 

Technology as applicable to each Kiln at all times of Kiln Operation, except for periods of 

Malfunction of the NOx Control Technology. Compliance with any requirement of this Section 

V (NOx Control Technology, Emission Limits, Tonnage Limits, and Monitoring Requirements) 

relating to any specific Facility or Kiln shall not be required if the Lafarge Companies Retire any 

such Facility or Kiln prior to any date for compliance. If one or more Kilns at a Facility is in 

Temporary Cessation, then the following provisions shall apply in addition to any other 

requirements in this Consent Decree: 

a.	 The Lafarge Companies shall comply with the applicable Demonstration Phase 

Facility-Wide 12-Month Rolling Average Emission Limit at all other Kilns not in 

Temporary Cessation at the Facility within 12 months of the Day on which the 

last Optimization Phase was concluded (as determined by U.S. EPA and the 

Affected State) at a Kiln not in Temporary Cessation at the Facility; and 

b.	 The Lafarge Companies shall comply with the applicable Facility-Wide 12-Month 

Rolling Average Emission Limit and Facility-Wide 12-Month Rolling Tonnage 

Limit at all other Kilns not in Temporary Cessation on the dates required in this 

Section V (NOx Control Technology, Emission Limits, Tonnage Limits and 

Monitoring Requirements). 

26
 
 

Alpena 

12. By January 1, 2011, the Lafarge Companies shall achieve and maintain 

compliance with an interim Facility-Wide 12-Month Rolling Tonnage Limit for NOx of 8,650 

tons. 

13. Control Technology Retrofit Option. 

a.	 Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the 

SNCR technology specified in the table below on individual Kilns in the order 

selected by the Lafarge Companies within each specified Kiln Group (“KG”) at 

the Alpena Facility by the dates specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limits 

(lbs. NOx/Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. NOx/Ton of 

clinker) 

1st Kiln 

in KG5 

SNCR 10/1/2011 See Appendix 

4.89 

2nd Kiln 

in KG5 

SNCR 11/1/2011 See Appendix 

3rd Kiln 

in KG5 

SNCR 12/1/2011 See Appendix 

1st Kiln 

in KG6 

SNCR 1/1/2012 See Appendix 

2nd Kiln 

in KG6 

SNCR 3/1/2012 See Appendix 

27
 
b.	 Upon installation of the Control Technology, the Lafarge Companies shall 

Continuously Operate the SNCR technology during all times of Kiln Operation, 

except during periods of SNCR technology Malfunction. 

c.	 If the Lafarge Companies elect not to Retire and Replace any Alpena Kiln in 

accordance with Section VIII (Election to Retire and Replace Kilns), then: 

i.	 Within 12 months after the conclusion of the Optimization Phase as it 

applies to Kilns 19, 20, and 21 (KG5) identified in Paragraphs 13 and 

7.z(1), the Lafarge Companies shall achieve and maintain compliance with 

the Demonstration Phase Facility-Wide 12-Month Rolling Average 

Emission Limit for NOx of 4.89 lbs./Ton of clinker at Kilns 19, 20, and 21 

(KG5), or, alternatively, at those Kilns the Lafarge Companies have 

elected not to Retire and Replace; 

ii.	 Within 12 months after the conclusion of the Optimization Phase as it 

applies to Kilns 22 and 23 (KG6) identified in Paragraphs 13 and 7.z(1), 

the Lafarge Companies shall achieve and maintain compliance with the 

Demonstration Phase Facility-Wide 12-Month Rolling Average Emission 

Limit for NOx of 4.89 lbs./Ton of clinker at Kilns 19, 20, 21, 22, and 23 

(KG5 and KG6), or, alternatively, at those Kilns the Lafarge Companies 

have elected not to Retire and Replace. 

d.	 The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission 

Limit for NOx applicable to each Alpena Kiln that the Lafarge Companies have 

not otherwise elected to Retire and/or Replace pursuant to Section VIII (Election 

28
 
to Retire and Replace Kilns). Within 30 Days after the establishment of a 30-Day 

Rolling Average Emission Limit for NOx under the Appendix at any Alpena Kiln 

that the Lafarge Companies have not otherwise elected to Retire or Replace, the 

Lafarge Companies shall achieve and maintain compliance with the 30-Day 

Rolling Average Emission Limit for NOx at the respective Kiln. 

14. Kiln Replacement Option. If the Lafarge Companies elect to Retire and Replace 

any Alpena Kiln in accordance with Section VIII (Election to Retire and Replace Kilns), then 

Paragraph 13 (Control Technology Retrofit Option) shall not apply to that Kiln. Instead, the 

Lafarge Companies shall: 

a.	 Within 180 Days from the Date of Lodging of this Consent Decree, submit an 

application addressing all applicable requirements under the Clean Air Act and 

the Michigan SIP for a permit to install any Replacement Kiln(s) and thereafter 

take all other actions necessary to obtain such permits or approvals after filing the 

applications including, but not limited to, responding to reasonable requests for 

additional information by the permitting authority in a timely fashion, and 

conducting any environmental or other assessment lawfully required by the 

permitting authority; 

b.	 Submit written notice to U.S. EPA and the State of Michigan pursuant to Section 

XIX (Notices) within ten (10) Days after the date on which the Lafarge 

Companies have commenced construction of the Replacement Kiln(s), stating the 

date on which such construction commenced; 

c.	 Complete construction of the Replacement Kiln(s) within 42 months of the date 

on which the Lafarge Companies commence construction of the Replacement 

29
 
Kiln(s), provided that if the Lafarge Companies fail to commence construction of 

any Replacement Kilns by January 1, 2012 or within 12 months of permit 

issuance pursuant to Paragraph 14.a., whichever is earlier, then, in addition to any 

other remedies available to the United States or the State of Michigan under this 

Consent Decree or other applicable law, the Lafarge Companies shall either: 

i.	 Install and Commence Continuous Operation of the Control Technology 

by January 1, 2014 or within 36 months of permit issuance pursuant to 

Paragraph 14.a., whichever is earlier, and thereafter comply with the 

Control Technology and other applicable requirements of Paragraph 13 as 

to the existing Alpena Kilns; or 

ii.	 Retire the Kiln(s) by July 1, 2012 or within 18 months of a permit 

issuance pursuant to Paragraph 14.a, whichever is earlier. 

d.	 Commence Kiln Operation of any Replacement Kiln(s) within 42 months of the 

date on which the Lafarge Companies commence construction of the Replacement 

Kiln, or January 1, 2015, whichever is earlier; 

e.	 Retire the Replaced Kiln(s) within 180 Days of commencement of Kiln Operation 

of the Replacement Kiln(s); 

f.	 Install and Commence Continuous Operation of one SNCR at each Replacement 

Kiln within 42 months of the date on which the Lafarge Companies commence 

construction of the Replacement Kiln, or January 1, 2015, whichever is earlier; 

and 

g.	 Within 180 Days after the Lafarge Companies have commenced Kiln Operation 

of any Replacement Kiln at Alpena, achieve and maintain compliance with a 30-

30
 
Day Rolling Average Emission Limit for NOx of 2.1 lb/Ton of clinker, or the 

applicable New Source Performance Standard for NOx for Portland Cement 

Manufacturing Facilities promulgated pursuant to Section 111 of the Act, 

whichever is more stringent, at each Replacement Kiln. 

15. Subject to Paragraph 16 below, within 54 months of the date on which the 

Lafarge Companies commence construction of any Replacement Kiln(s), or January 1, 2016, 

whichever is earlier, the Lafarge Companies shall, at Alpena, achieve and maintain compliance 

with a Facility-Wide 12-Month Rolling Tonnage Limit for NOx of 7,160 Tons of NOx emitted per 

12-month period. 

16. Notification Regarding Alpena Replacement Compliance Dates. If a 

governmental entity's failure to act upon a timely-submitted or supplemented permit or approval 

application submitted pursuant to Paragraph 14.a., or the action of any third-party challenging 

the issuance of such permit operates to delay the issuance or effectiveness of a final valid permit 

or approval, thereby impairing the Lafarge Companies’ ability to timely satisfy the 

implementation schedule requirements of Paragraph 14, the Lafarge Companies shall notify, in 

writing, the U.S. EPA and the State of Michigan of any such delay as soon as the Lafarge 

Companies reasonably conclude that the delay could affect their ability to comply with the 

implementation schedule set forth in Paragraph 14. 

a.	 If the Lafarge Companies provide the notification required under this Paragraph 

16, the Lafarge Companies shall propose in such notification, for approval by the 

U.S. EPA and the State of Michigan pursuant to Section XXII (Modification), a 

modification to the applicable schedule of implementation setting out the time 

necessary to comply after the permit or approval has been finalized and becomes 

31
 
 

effective, taking into consideration necessary periods for final contracting and 

delivery of equipment. In addition, the Lafarge Companies shall propose, 

pursuant to Section XI (Review and Approval of Submittals), interim measures 

(taking into consideration the anticipated time period such measures would be in 

use or operation) capable of reducing emissions of NOx at the existing Alpena 

Kilns to be Replaced pursuant to Section VIII (Election to Retire and Replace 

Kilns) of this Consent Decree. Upon approval by U.S. EPA and the State of 

Michigan, such interim measures shall be implemented by no later than January 1, 

2015 and shall continue until the Alpena Kilns to be Replaced are Retired. 

However, nothing in this subparagraph shall obligate the United States or the 

State of Michigan to modify the schedule for implementation if a final valid 

permit or approval necessary for the construction of any Replacement Kiln(s) is 

denied by the permitting authority (including the conclusion of any administrative 

or judicial appeals) or has not issued or become effective by July 1, 2012. 

Within two years of any such denial by the permitting authority (including the 

conclusion of any administrative or judicial appeals) or by July 1, 2014, 

whichever is earlier, the Lafarge Companies shall install and Commence 

Continuous Operation of the Control Technology and thereafter comply with the 

Emission Limits and other applicable requirements of Paragraph 13 as to the 

existing Alpena Kilns which were to be Replaced. Alternatively, the Lafarge 

Companies may elect to Retire the Kiln(s); provided, such Retirement shall be 

completed within twelve (12) months of any such denial by the permitting 

32
 
authority (including the conclusion of any administrative or judicial appeals) or 

by July 1, 2013, whichever is earlier. 

b.	 Stipulated Penalties Inapplicable. If the Lafarge Companies timely provide the 

notification required under this Paragraph 16, Stipulated penalties shall not accrue 

nor be due and owing during any period between an originally-scheduled 

implementation date and an approved modification to such date; provided, 

however, that if the U.S. EPA and the State of Michigan do not approve a 

modification to a date or dates then: (i) U.S. EPA and the State of Michigan will 

retain the right to seek stipulated penalties; and (ii) the Lafarge Companies will 

retain the right to dispute any demand for stipulated penalties, pursuant to Section 

XV (Dispute Resolution). 

c.	 Force Majeure Inapplicable. The failure of a governmental entity to issue a final 

valid permit or approval or the action of third-parties challenging the issuance of 

such permit that operates to delay the issuance or effectiveness of a final valid 

permit or approval issued pursuant to Paragraph 14.a. necessary for the 

construction or operation of any Replacement Kiln(s) shall not constitute Force 

Majeure events triggering the requirements of Section XIV (Force Majeure); 

instead, the provisions set forth in this Paragraph 16 shall apply. 

33
 
Ravena 

17. By October 1, 2012 the Lafarge Companies shall achieve and maintain 

compliance with an interim Facility-Wide 12-Month Rolling Tonnage Limit for NOx of 3,750 

tons. 

18. Control Technology Retrofit Option. 

a.	 Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the 

SNCR technology specified in the table below in the order selected by the Lafarge 

Companies at Ravena Kiln 1 and Ravena Kiln 2 at the Ravena Facility by the 

dates specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limits 

(lbs. NOx/Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. NOx/Ton of 

clinker) 

1st 

Selected 

Kiln 

SNCR 1/1/2012 See Appendix 

4.33 2nd 

Selected 

Kiln 

SNCR 3/1/2012 See Appendix 

b.	 Upon installation of the SNCR technology, the Lafarge Companies shall 

Continuously Operate the SNCR technology during all times of Kiln Operation, 

except during periods of SNCR technology Malfunction. 

c.	 If the Lafarge Companies elect not to Retire and Replace any Ravena Kiln in 

accordance with Section VIII (Election to Retire and Replace Kilns), then within 

12 months after the conclusion of the Optimization Phase as it applies to all Kilns 

34
 
identified in Paragraphs 18 and 7.z(2), the Lafarge Companies shall achieve and 

maintain compliance with the Demonstration Phase Facility-Wide 12-Month 

Rolling Average Emission Limit for NOx of 4.33 lbs./Ton of clinker at all Kilns at 

the Ravena Facility, or, alternatively, at those Kilns the Lafarge Companies have 

elected not to Retire and Replace. 

d.	 The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission 

Limit for NOx applicable to each Ravena Kiln that the Lafarge Companies have 

not otherwise elected to Retire and/or Replace pursuant to Section VIII (Election 

to Retire and Replace Kilns). Within 30 Days after the establishment of a 30-Day 

Rolling Average Emission Limit for NOx under the Appendix at any Ravena Kiln 

that the Lafarge Companies have not otherwise elected to Retire or Replace, the 

Lafarge Companies shall achieve and maintain compliance with the 30-Day 

Rolling Average Emission Limit for NOx at the respective Kiln. 

19. Kiln Replacement Option. If the Lafarge Companies elect to Retire and Replace 

any Ravena Kiln in accordance with Section VIII (Election to Retire and Replace Kilns), the 

requirements of Paragraph 18 (Control Technology Retrofit Option) shall not apply to that Kiln. 

Instead, the Lafarge Companies shall: 

a.	 Within 30 Days following the Date of Lodging of this Consent Decree, submit an 

application for an air pollution control permit, draft scope and full environmental 

assessment form as required in 6 NYCRR 617.6(a)(2) and 6 NYCRR 621.4(g)(1) 

for any Replacement Kiln(s), and a preconstruction permit as may be required by 

40 C.F.R. 52.21, and thereafter take all other actions necessary to obtain such 

35
 
permits or approvals after filing the applications including, but not limited to, 

responding to reasonable requests for additional information by the permitting 

authority in a timely fashion, and conducting any environmental or other 

assessment lawfully required by the permitting authority; 

b.	 Submit written notice to U.S. EPA and the State of New York pursuant to 

Section XIX (Notices) within 10 Days after the date on which Lafarge has 

commenced construction of the Replacement Kiln(s), stating the date on which 

such construction commenced; 

c.	 Complete construction of the Replacement Kiln(s) within 42 months of the date 

on which the Lafarge Companies commence construction of the Replacement 

Kiln(s), provided that if the Lafarge Companies fail to commence construction of 

any Replacement Kilns by January 1, 2012 or within 12 months of permit 

issuance pursuant to Paragraph 19.a., whichever is earlier, then, in addition to any 

other remedies available to the United States or the State of New York under this 

Consent Decree or other applicable law, the Lafarge Companies shall either: 

i.	 Install and Commence Continuous Operation of the Control Technology 

by January 1, 2014 or within 36 months of permit issuance pursuant to 

Paragraph 19.a, whichever is earlier, and thereafter comply with the 

Control Technology and other applicable requirements of Paragraph 18 as 

to the existing Ravena Kilns; or 

ii.	 Retire the Kiln(s) by July 1, 2012 or within 18 months of the permit 

issuance pursuant to Paragraph 19.a, whichever is earlier. 

36
 
 

d.	 Commence Kiln Operation of the Replacement Kiln(s) within 42 months of the 

date on which the Lafarge Companies commence construction of the Replacement 

Kiln(s), or January 1, 2015, whichever is earlier; 

e.	 Retire any Replaced Kiln(s) within 180 Days of commencement of Kiln 

Operation of the Replacement Kiln(s); 

f.	 Install and Commence Continuous Operation of one SNCR at each Replacement 

Kiln within 42 months of the date on which the Lafarge Companies commence 

construction of the Replacement Kiln, or January 1, 2015, whichever is earlier; 

and 

g.	 Within 180 Days after the Lafarge Companies have commenced Kiln Operation 

of any Replacement Kiln at Ravena, achieve and maintain compliance with a 30-

Day Rolling Average Emission Limit for NOx of 2.3 lb/Ton of clinker, or the 

applicable New Source Performance Standard for NOx for Portland Cement 

Manufacturing Facilities promulgated pursuant to Section 111 of the Act, 

whichever is more stringent, at each Replacement Kiln. 

20. Subject to Paragraph 21 below, within 54 months of the date on which the 

Lafarge Companies commence construction of any Replacement Kiln(s), or January 1, 2016, 

whichever is earlier, the Lafarge Companies shall, at Ravena, achieve and maintain compliance 

with a Facility-Wide 12-Month Rolling Tonnage Limit for NOx of 3,750 Tons of NOx emitted 

per 12-month period. 

21. Notification Regarding Ravena Replacement Kiln Compliance Dates. If a 

governmental entity's failure to act upon a timely-submitted or supplemented permit or approval 

application submitted pursuant to Paragraph 19.a or the action of any third-party challenging the 

37
 
issuance of such permit operates to delay the issuance or effectiveness of a final valid permit or 

approval, thereby impairing the Lafarge Companies’ ability to timely satisfy the implementation 

schedule requirements of Paragraph 19, the Lafarge Companies shall notify, in writing, the U.S. 

EPA and the State of New York of any such delay as soon as the Lafarge Companies reasonably 

conclude that the delay could affect their ability to comply with the implementation schedule set 

forth in Paragraph 19. 

a.	 If the Lafarge Companies provide the notification required under this Paragraph 

21, the Lafarge Companies shall propose in such notification, for approval by the 

U.S. EPA and the State of New York pursuant to Section XXII (Modification), a 

modification to the applicable schedule of implementation setting out the time 

necessary to comply after the permit or approval has been finalized and becomes 

effective, taking into consideration necessary periods for final contracting and 

delivery of equipment. In addition, the Lafarge Companies shall propose, 

pursuant to Section XI (Review and Approval of Submittals), interim measures 

(taking into consideration the anticipated time period such measures would be in 

use or operation) capable of reducing emissions of NOx at the existing Ravena 

Kilns to be Replaced pursuant to Section VIII (Election to Retire and Replace 

Kilns) of this Consent Decree. Upon approval by U.S. EPA and the State of New 

York, such interim measures shall be implemented by no later than January 1, 

2015 and shall continue until the Ravena Kilns to be Replaced are Retired. 

However, nothing in this subparagraph shall obligate the United States or the 

State of New York to modify the schedule for implementation if a final valid 

permit or approval necessary for the construction of any Replacement Kiln(s) is 

38
 
denied by the permitting authority (including the conclusion of any administrative 

or judicial appeals) or has not issued or become effective by July 1, 2012. 

Within two years of any such denial by the permitting authority (including the 

conclusion of any administrative or judicial appeals) or by July 1, 2014, 

whichever is earlier, the Lafarge Companies shall install and Commence 

Continuous Operation of the Control Technology and thereafter comply with the 

Emission Limits and other applicable requirements of Paragraph 18 as to the 

existing Ravena Kilns which were to be Replaced. Alternatively, the Lafarge 

Companies may elect to Retire the Kiln(s); provided, such Retirement shall be 

completed within twelve (12) months of any such denial by the permitting 

authority (including the conclusion of any administrative or judicial appeals) or 

by July 1, 2013, whichever is earlier. 

b.	 Stipulated Penalties Inapplicable. Stipulated penalties shall not accrue nor be due 

and owing during any period between an originally-scheduled implementation 

date and an approved modification to such date; provided, however, that if the 

U.S. EPA and the State of New York do not approve a modification to a date or 

dates then: (i) U.S. EPA and the State of New York will retain the right to seek 

stipulated penalties; and (ii) the Lafarge Companies will retain the right to dispute 

any demand for stipulated penalties, pursuant to Section XV (Dispute Resolution). 

c.	 Force Majeure Inapplicable. The failure of a governmental entity to issue a final 

valid permit or approval or action of any third party challenging the issuance of 

such permit that operates to delay the issuance or effectiveness of a final valid 

permit or approval issued pursuant to Paragraph 19.a necessary for the 

39
 
construction or operation of any Replacement Kiln(s) shall not constitute Force 

Majeure events triggering the requirements of Section XIV (Force Majeure); 

instead, the provisions set forth in this Paragraph 21 shall apply. 

Fredonia 

22. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the SNCR technology 

specified in the table below at Fredonia Kiln 1 and Fredonia Kiln 2 at the Fredonia Facility Kilns 

in the order selected by the Lafarge Companies by the dates specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limits 

(lbs. NOx/Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. NOx/Ton of 

clinker) 

1st 

Selected 

Kiln 

SNCR 10/1/2012 See Appendix 

4.81 

2nd 

Selected 

Kiln 

SNCR 11/1/2012 See Appendix 

Upon installation of the SNCR technology, the Lafarge Companies shall Continuously Operate 

the SNCR technology during all times of Kiln Operation, except during periods of SNCR 

technology Malfunction. 

23. Within 12 months after the conclusion of the Optimization Phase as it applies to 

all Kilns identified in Paragraph 22, the Lafarge Companies shall achieve and maintain 

compliance with the Demonstration Phase Facility-Wide 12-Month Rolling Average Emission 

Limit for NOx of 4.81 lbs./Ton of clinker. 

40
 
 

24. The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission Limit for NOx 

applicable to each Fredonia Kiln. Within 30 Days after the establishment of a 30-Day Rolling 

Average Emission Limit for NOx at Fredonia Kilns 1 or 2 under the Appendix, the Lafarge 

Companies shall achieve and maintain compliance with the 30-Day Rolling Average Emission 

Limit for NOx at the respective Kiln. 

Whitehall 

25. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the SNCR technology 

specified in the table below at Whitehall Kiln 2 and Whitehall Kiln 3 at the Whitehall Facility by 

the dates specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limits 

(lbs. NOx /Ton 

clinker) 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. NOx /Ton clinker) 

Kiln 2 SNCR 1/1/2011 2.58 

2.03 

Kiln 3 SNCR 2/1/2011 2.92 

Upon installation of the SNCR technology, the Lafarge Companies shall Continuously Operate 

the SNCR technology during all times of Kiln Operation, except during periods of SNCR 

technology Malfunction. 

26. Within 14 months after the date by which the Lafarge Companies are required to 

Commence Continuous Operation of the Control Technology at the first Kiln identified in 

Paragraph 25, the Lafarge Companies shall achieve and maintain compliance with a FacilityWide 12-Month Rolling Average Emission Limit for NOx of 2.03 lbs./Ton of clinker. 

41
 
27. Within 90 Days after the date by which the Lafarge Companies are required to 

Commence Continuous Operation of the SNCR technology at each Kilns identified in Paragraph 

25, the Lafarge Companies shall achieve and maintain compliance with the 30-Day Rolling 

Average Emission Limit for NOx at that Kiln specified in Paragraph 25. 

Paulding 

28. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the SNCR technology 

specified in the table below at Paulding Kiln 1 and Paulding Kiln 2 at the Paulding Facility in the 

order selected by the Lafarge Companies by the dates specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limits 

(lbs. NOx /Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. NOx /Ton of 

clinker) 

1st 

Selected 

Kiln 

SNCR 11/1/2011 See Appendix 

5.24 2nd 

Selected 

Kiln 

SNCR 12/1/2011 See Appendix 

Upon installation of the SNCR technology, the Lafarge Companies shall Continuously Operate 

the SNCR technology during all times of Kiln Operation, except during periods of SNCR 

technology Malfunction. 

29. Within 12 months after the conclusion of the Optimization Phase as it applies to 

all Kilns identified in Paragraph 28, the Lafarge Companies shall achieve and maintain 

compliance with the Demonstration Phase Facility-Wide 12-Month Rolling Average Emission 

Limit for NOx of 5.24 lbs./Ton of clinker. 

42
 
30. The Lafarge Companies shall comply with Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission Limit for NOx 

applicable to each Paulding Kiln. Within 30 Days after the establishment of a 30-Day Rolling 

Average Emission Limit for NOx at Paulding Kiln 1 or 2 under Appendix, the Lafarge 

Companies shall achieve and maintain compliance with the 30-Day Rolling Average Emission 

Limit for NOx at the respective Kiln. 

Seattle 

31. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the SNCR technology 

at Seattle Kiln 1 at the Seattle Facility by the date specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limit 

(lbs. NOx /Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. NOx /Ton of 

clinker) 

1 SNCR 2/1/2011 See Appendix 8.43 

Upon installation of the SNCR technology, the Lafarge Companies shall Continuously Operate 

the SNCR technology during all times of Kiln Operation, except during periods of SNCR 

technology Malfunction. 

32. Within 12 months after the conclusion of the Optimization Phase as it applies to 

the Kiln identified in Paragraph 31, the Lafarge Companies shall achieve and maintain 

compliance with the Demonstration Phase Facility-Wide 12-Month Rolling Average Emission 

Limit for NOx of 8.43 lbs./Ton of clinker. 

33. The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission Limit for NOx 

43
 
applicable to Seattle Kiln 1. Within 30 Days after the establishment of a 30-Day Rolling 

Average Emission Limit for NOx at Seattle Kiln 1 under the Appendix, the Lafarge Companies 

shall achieve and maintain compliance with the 30-Day Rolling Average Emission Limit for 

NOx at Seattle Kiln 1. 

Joppa 

34. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of SCR technology on 

Joppa Kiln 1 at the Joppa Facility by the date specified below: 

Kiln 

Control 

Technology 

Date of Installation and 

Commencement of 

Continuous Operation 

30-Day Rolling Average Emission 

Limit 

(lbs. NOx /Ton of clinker) 

1 SCR 7/31/2013 See Appendix 

Upon installation of the SCR technology, the Lafarge Companies shall Continuously Operate the 

SCR technology during all times of Kiln Operation, except during periods of SCR technology 

Malfunction. From January 1, 2011 through July 31, 2013 or until 180 Days following first 

introduction of raw material in Joppa Kiln 3 pursuant to Illinois Environmental Protection 

Agency Permit # 05100026 (issued July 6, 2007), whichever is earlier, the Lafarge Companies 

shall achieve and maintain compliance with an interim Facility-Wide 12-Month Rolling Average 

Tonnage Limit for NOx of 3,500 tons per year. 

35. The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission Limit for NOx 

applicable to Joppa Kiln 1. Within 30 Days after the establishment of a 30-Day Rolling Average 

Emission Limit for NOx at Joppa Kiln 1 under the Appendix, the Lafarge Companies shall 

44
 
achieve and maintain compliance with the 30-Day Rolling Average Emission Limit for NOx at 

Joppa Kiln 1. 

36. Until such time as the Lafarge Companies are required to comply with a 30-Day 

Rolling Average Emission Limit for NOx at Joppa Kiln 1 as established under Paragraph 34, the 

Lafarge Companies shall comply with such requirements of Illinois Environmental Protection 

Agency Permit # 05100026 (issued July 6, 2007), applicable to NOx emissions at Joppa Kiln 1. 

37. If the Lafarge Companies Retire Joppa Kiln 1 prior to the date by which the 

Lafarge Companies are required to install and Commence Continuous Operation of the SCR 

technology at Joppa Kiln 1, then the Lafarge Companies shall provide written notice of such 

Retirement to U.S. EPA and the Affected State pursuant to Section XIX of this Consent Decree 

(Notices) within 30 Days prior to such Retirement, and in such notice shall propose an 

alternative Kiln at which it shall install and Commence Continuous Operation of SCR 

technology and a schedule for such installation and Commencement of Continuous Operation. 

U.S. EPA and the Affected State shall review the written submission pursuant to Section XI of 

this Consent Decree (Review and Approval of Submittals). The Lafarge Companies shall 

thereafter install and Commence Continuous Operation of SCR technology at the alternative Kiln 

and comply with the requirements of the Appendix in accordance with U.S. EPA’s and the 

Affected State’s review and approval. 

Sugar Creek 

38. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have Commenced Continuous Operation of the SNCR technology specified in 

the table below at Sugar Creek Kiln 3 at the Sugar Creek Facility by the date specified below: 

45
 
Kiln Control 

Technology 

Date of 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limit 

(lbs. NOx /Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. NOx /Ton of 

clinker) 

3 SNCR 7/1/2010 See Appendix 3.70 

39. Within 12 months after the conclusion of the Optimization Phase as it applies to 

the Kiln identified in Paragraph 38, the Lafarge Companies shall achieve and maintain 

compliance with the Demonstration Phase Facility-Wide 12-Month Rolling Average Emission 

Limit for NOx of 3.70 lbs./Ton of clinker. 

40. The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission Limit for NOx 

applicable to Sugar Creek Kiln 3. Within 30 Days after the establishment of a 30-Day Rolling 

Average Emission Limit for NOx at the Sugar Creek Kiln under the Appendix, the Lafarge 

Companies shall achieve and maintain compliance with the 30-Day Rolling Average Emission 

Limit for NOx at Sugar Creek Kiln 3. 

Tulsa 

41. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the SNCR technology 

specified in the table below at Tulsa Kiln 1 and Tulsa Kiln 2 at the Tulsa Facility by the dates 

specified below: 

46
 
Kiln Control 

Technology 

Date of Installation and 

Commencement of 

Continuous Operation 

30-Day Rolling Average Emission 

Limits 

(lbs. NOx /Ton of clinker) 

Kiln 1 SNCR 11/1/2011 See Appendix 

Kiln 2 SNCR 12/1/2011 See Appendix 

Upon installation of the SNCR technology, the Lafarge Companies shall Continuously Operate 

the SNCR technology during all times of Kiln Operation, except during periods of SNCR 

technology Malfunction. 

42. The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission Limit for NOx 

applicable to each Tulsa Kiln. Within 30 Days after the establishment of a 30-Day Rolling 

Average Emission Limit for NOx at Tulsa Kilns 1 and 2 under the Appendix, the Lafarge 

Companies shall achieve and maintain compliance with the 30-Day Rolling Average Emission 

Limit for NOx at the respective Kiln. 

Roberta 

43. Upon and after the Effective Date of this Consent Decree, the Lafarge Companies 

shall achieve and maintain compliance with a 30-Day Rolling Average Emission Limit for NOx 

of 2.4 lbs/Ton of clinker at Roberta Kiln 5. 

Harleyville 

44. The Lafarge Companies shall comply with such requirements of Permit Number 

0900-0004-ER-R2, issued by the South Carolina Department of Health and Environmental 

Control on December 14, 2007, applicable to NOx emissions at Harleyville Kiln 1 at the 

Harleyville Facility. 

B. NOx Continuous Emission Monitoring Systems 

47
 
45. At each Kiln identified in Paragraph 7.z of this Decree (except for Joppa Kiln 3), 

the Lafarge Companies shall install and make operational within 12 months of the Effective Date 

a NOx continuous emissions monitoring system (CEMS) at each stack which collects emissions 

from such Kiln (or Kilns, in the case of Ravena) in accordance with the requirements of 40 C.F.R. 

Part 60. 

46. Except during CEMS breakdowns, repairs, calibration checks, and zero span 

adjustments, the CEMS required pursuant to Paragraph 45 shall be operated at all times during 

Kiln Operation. Each such CEMS shall be used at each Kiln to demonstrate compliance with the 

NOx Emission Limits established in Section V.A (NOx Control Technology, Emission Limits, 

and Tonnage Limits) and the Appendix (Control Technology Demonstration Requirements), as 

applicable, of this Consent Decree. 

47. Each NOx CEMS required pursuant to Paragraph 45 shall monitor and record the 

applicable NOx emission rate from each Kiln stack in units of lbs of NOx per Ton of clinker 

produced at such Kiln and shall be installed, certified, calibrated, maintained, and operated in 

accordance with the applicable requirements of 40 C.F.R. Part 60. 

48. For purposes of this Consent Decree, all emissions of NOx shall be measured by 

CEMS. During any time when CEMs are inoperable and otherwise not measuring emissions of 

NOx from any Kiln, the Lafarge Companies shall apply the missing data substitution procedures 

used by the Affected State or the missing data substitution procedures in 40 C.F.R. Part 75, 

Subpart D, whichever is deemed appropriate by the Affected State. 

VI. SO2 CONTROL TECHNOLOGY, EMISSION LIMITS, TONNAGE LIMITS, AND 

MONITORING REQUIREMENTS
 

A. SO2 Control Technology, Emission Limits, and Tonnage Limits. 

49. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

48
 
Companies shall install the SO2 Control Technology and comply with the Emission Limits for 

the specific Facilities and Kilns within their system according to Paragraphs 49 through 77. The 

Lafarge Companies shall Continuously Operate each SO2 Control Technology as applicable to 

each Kiln at all times of Kiln Operation, except for periods of Malfunction of the SO2 Control 

Technology. Compliance with any requirements of this Section VI relating to any specific 

Facility or Kiln shall not be required if the Lafarge Companies Retire any such Facility or Kiln 

prior to any date for compliance. If one or more Kilns at a Facility is in Temporary Cessation, 

then the following provisions shall apply in addition to any other requirements in this Consent 

Decree: 

a.	 The Lafarge Companies shall comply with the applicable Demonstration Phase 

Facility-Wide 12-Month Rolling Average Emission Limit at all other Kilns not in 

Temporary Cessation at the Facility within 12 months of the date on which the 

last Optimization Phase was concluded (as determined by U.S. EPA and the 

Affected State) at a Kiln not in Temporary Cessation at the Facility. 

b.	 The Lafarge Companies shall comply with the applicable Facility-Wide 12-Month 

Rolling Average Emission Limit and Facility-Wide 12-Month Rolling Tonnage 

Limit at all other Kilns not in Temporary Cessation on the dates required in this 

Section VI (SO2 Control Technology, Emission Limits, Tonnage Limits and 

Monitoring Requirements). 

49
 
Alpena 

50. By January 1, 2011, the Lafarge Companies shall achieve and maintain 

compliance with an interim Facility-Wide 12-Month Rolling Tonnage Limit for SO2 of 13,100 

tons per year. 

51. Control Technology Retrofit Option. 

a.	 Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of DAA 

or Wet FGD technology in the table specified below on individual Kilns in the 

order selected by the Lafarge Companies within each specified Kiln Group (“KG”) 

at the Alpena Facility by the dates specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limits 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. SO2 /Ton of 

clinker) 

1st Kiln 

in KG5 DAA 10/1/2011 See Appendix 

3.68 

2nd Kiln 

in KG5 DAA 11/1/2011 See Appendix 

3rd Kiln 

in KG5 DAA 12/1/2011 See Appendix 

1st Kiln 

in KG6 Wet FGD 1/1/2014 See Appendix 

2nd Kiln 

in KG6 Wet FGD 3/1/2014 See Appendix 

b. Upon installation of the SO2 Control Technology, the Lafarge Companies shall 

Continuously Operate the SO2 Control Technology during all times of Kiln 

Operation, except during periods of SO2 Control Technology Malfunction. 

50 
c.	 Lafarge shall design each Wet FGD to be installed at Alpena Kilns 22 and 23 

(KG6) to achieve a removal efficiency for SO2 of no less than 90%. 

d.	 If the Lafarge Companies elect not to Retire and Replace any Alpena Kiln in 

accordance with Section VIII (Election to Retire and Replace Kilns), then: 

i.	 Within 12 months after the conclusion of the Optimization Phase as it 

applies to Kilns 19, 20, and 21 (KG5) identified in Paragraphs 51 and 

7.z(1), the Lafarge Companies shall achieve and maintain compliance with 

the Demonstration Phase Facility-Wide 12-Month Rolling Average 

Emission Limit for SO2 of 3.68 lbs./Ton of clinker at Kilns 19, 20, and 21 

(KG5), or, alternatively, at those Kilns the Lafarge Companies have 

elected not to Retire and Replace; 

ii.	 Within 12 months after the conclusion of the Optimization Phase as it 

applies to Kilns 22 and 23 (KG6) identified in Paragraphs 51 and 7.z(1), 

the Lafarge Companies shall achieve and maintain compliance with the 

Demonstration Phase Facility-Wide 12-Month Rolling Average Emission 

Limit for SO2 of 3.68 lbs./Ton of clinker at Kilns 19, 20, 21, 22, and 23 

(KG5 and KG6), or, alternatively, at those Kilns the Lafarge Companies 

have elected not to Retire and Replace. 

e.	 The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission 

Limit for SO2 applicable to each Alpena Kiln that the Lafarge Companies have 

not otherwise elected to Retire and/or Replace pursuant to Section VIII (Election 

to Retire and Replace Kilns). Within 30 Days after the establishment of a 30-Day 

51
 
Rolling Average Emission Limit for SO2 under the Appendix at any Alpena Kiln 

that the Lafarge Companies have not otherwise elected to Retire or Replace, the 

Lafarge Companies achieve and maintain compliance with the 30-Day Rolling 

Average Emission Limit for SO2 at the respective Kiln. 

52. Kiln Replacement Option. If the Lafarge Companies elect to Retire and Replace 

any Alpena Kiln in accordance with Section VIII (Election to Retire and Replace Kilns), then 

Paragraph 51 (Control Technology Retrofit Option) shall not apply to that Kiln. Instead, the 

Lafarge Companies shall: 

a.	 Within 180 Days following the Date of Lodging of this Consent Decree, submit 

an application addressing all applicable requirements under the Clean Air Act and 

the Michigan SIP for a permit to install any Replacement Kiln(s) at Alpena and 

thereafter take all other actions necessary to obtain such permits or approvals after 

filing the applications including, but not limited to, responding to reasonable 

requests for additional information by the permitting authority in a timely fashion, 

and conducting any environmental or other assessment lawfully required by the 

permitting authority; 

b.	 Submit written notice to U.S. EPA and the State of Michigan pursuant to Section 

XIX (Notices) within 10 Days after the date on which Lafarge has commenced 

construction of the Replacement Kiln(s), stating the date on which such 

construction commenced; 

c.	 Complete construction of the Replacement Kiln(s) within 42 months of the date 

on which the Lafarge Companies commence construction of the Replacement 

Kiln(s), provided that if the Lafarge Companies fail to commence construction of 

52
 
any Replacement Kilns by January 1, 2012 or within 12 months of permit 

issuance pursuant to Paragraph 52.a., whichever is earlier, then, in addition to any 

other remedies available to the United States or the State of Michigan under this 

Consent Decree or other applicable law, the Lafarge Companies shall either: 

i.	 Install and Commence Continuous Operation of the Control Technology 

by January 1, 2015 or within 48 months of permit issuance pursuant to 

Paragraph 52.a, whichever is earlier, and thereafter comply with the 

Control Technology and other applicable requirements of Paragraph 50 as 

to the existing Alpena Kilns; or 

ii.	 Retire the Kiln(s) by July 1, 2012 or within 18 months of permit issuance 

pursuant to Paragraph 52.a, whichever is earlier; 

d.	 Commence Kiln Operation of the Replacement Kiln(s) within 42 months of the 

date on which the Lafarge Companies commence construction of the Replacement 

Kiln, or January 1, 2015, whichever is earlier; 

e.	 Retire the Replaced Kiln(s) within 180 Days of commencement of Kiln Operation 

of the Replacement Kiln(s); 

f.	 Within 42 months of the date on which the Lafarge Companies commence 

construction of the Replacement Kiln, or January 1, 2015, whichever is earlier, 

install and Commence Continuous Operation of Wet FGD technology designed to 

achieve a Control Efficiency for SO2 of 95% at each Replacement Kiln, as 

compared to an identical Replacement Kiln without Wet FGD technology, at the 

Alpena Facility or, subject to review and approval by U.S. EPA and the Affected 

State pursuant to Section XI (Review and Approval of Submittals), equivalent 

53
 
alternative SO2 Control Technology that may include but shall not be limited to 

kiln system design, which is individually or collectively designed to achieve a 

Control Efficiency for SO2 equivalent to that of Wet FGD technology designed to 

achieve a Control Efficiency for SO2 of 95% at each Replacement Kiln(s) at the 

Alpena Facility; and 

g.	 Within 180 Days after the Lafarge Companies have commenced Kiln Operation 

of the applicable Replacement Kiln at Alpena, achieve and maintain compliance 

with a 30-Day Rolling Average Emission Limit for SO2 of 1.4 lb/Ton of clinker, 

or the New Source Performance Standard for SO2 for Portland Cement 

Manufacturing Facilities promulgated pursuant to Section 111 of the Act, 

whichever is more stringent, at each Replacement Kiln. 

53. Subject to Paragraph 54 below, within 54 months of the date on which the 

Lafarge Companies commence construction of any Replacement Kiln(s), or January 1, 2016, 

whichever is earlier, the Lafarge Companies shall, at Alpena, achieve and maintain compliance 

with a Facility-Wide 12-Month Rolling Tonnage Limit for SO2 of 5,762 Tons emitted per 12-

month period. 

54. Notification Regarding Alpena Replacement Kiln Compliance Date. If a 

governmental entity's failure to act upon a timely-submitted or supplemented permit or approval 

application submitted pursuant to Paragraph 52.a or the action of any third-party challenging the 

issuance of such permit operates to delay the issuance or effectiveness of a final valid permit or 

approval, thereby impairing the Lafarge Companies’ ability to timely satisfy the implementation 

schedule requirements of Paragraph 52, the Lafarge Companies shall notify, in writing, the U.S. 

EPA and the State of Michigan of any such delay as soon as the Lafarge Companies reasonably 

54
 
 

 

conclude that the delay could affect their ability to comply with the implementation schedule 

requirements of Paragraph 52. 

a.	 If the Lafarge Companies provide the notification required under this Paragraph 

54, the Lafarge Companies shall propose in such notification, for approval by the 

U.S. EPA and the State of Michigan pursuant to Section XXII (Modification), a 

modification to the applicable schedule of implementation setting out the time 

necessary to comply after the permit or approval has been finalized and becomes 

effective, taking into consideration necessary periods for final contracting and 

delivery of equipment. In addition, the Lafarge Companies shall propose, 

pursuant to Section XI (Review and Approval of Submittals), interim measures 

(taking into consideration the anticipated time period such measures would be in 

use or operation) capable of reducing emissions of SO2 at the existing Alpena 

Kilns to be Replaced pursuant to Section VIII (Election to Retire and Replace 

Kilns) of this Consent Decree. Upon approval by U.S. EPA and the State of 

Michigan, such interim measures shall be implemented by no later than January 1, 

2015 and shall continue until the Alpena Kilns to be Replaced are Retired. 

However, nothing in this subparagraph shall obligate the United States or the 

State of Michigan to modify the schedule for implementation if a final valid 

permit or approval necessary for the construction of any Replacement Kiln(s) is 

denied by the permitting authority (including the conclusion of any administrative 

or judicial appeals) or has not issued or become effective by July 1, 2012. 

Within three years of any such denial by the permitting authority (including the 

conclusion of any administrative or judicial appeals) or by July 1, 2015, 

55
 
whichever is earlier, the Lafarge Companies shall install and Commence 

Continuous Operation of the Control Technology and thereafter comply with the 

Emission Limits and other applicable requirements of Paragraph 51 as to the 

existing Alpena Kilns which were to be Replaced. Alternatively, the Lafarge 

Companies may elect to Retire the Kiln(s); provided, such Retirement shall be 

completed within twelve (12) months of any such denial by the permitting 

authority (including the conclusion of any administrative or judicial appeals) or 

by July 1, 2013, whichever is earlier. 

b.	 Stipulated Penalties Inapplicable. If the Lafarge Companies timely provide the 

notification required under this Paragraph 54, stipulated penalties shall not accrue 

nor be due and owing during any period between an originally-scheduled 

implementation date and an approved modification to such date; provided, 

however, that if the U.S. EPA and the State of Michigan do not approve a 

modification to a date or dates then: (i) U.S. EPA and the State of Michigan will 

retain the right to seek stipulated penalties; and (ii) the Lafarge Companies will 

retain the right to dispute any demand for stipulated penalties, pursuant to Section 

XV (Dispute Resolution). 

c.	 Force Majeure Inapplicable. The failure of a governmental entity to issue a final 

valid permit or approval or the action of any third-party challenging the issuance 

of such permit that operates to delay the issuance or effectiveness of a final valid 

permit or approval issued pursuant to Paragraph 52.a necessary for the 

construction or operation of any Replacement Kiln(s) shall not constitute Force 

56
 
Majeure events triggering the requirements of Section XIV (Force Majeure); 

instead, the provisions of this Paragraph 54 shall apply. 

Ravena 

55. By January 1, 2011, the Lafarge Companies shall achieve and maintain 

compliance with an interim Facility-Wide 12-Month Rolling Tonnage Limit for SO2 of 11,500 

tons. 

56. Control Technology Retrofit Option. 

a.	 Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and shall Commence Continuous Operation of 

Wet FGD technology in the table specified below at Ravena Kiln 1 and Ravena 

Kiln 2 at the Ravena Facility by the date specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limit 

(lbs. SO2/Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. SO2/Ton of clinker) 

1 

Wet FGD 3/1/2014 See Appendix 2.62 

2 

b.	 Upon installation of the Wet FGD technology, the Lafarge Companies shall 

Continuously Operate the Wet FGD technology during all times of Kiln 

Operation, except during periods of Wet FGD technology Malfunction. 

c.	 The Lafarge Companies shall design the Wet FGD or Wet FGDs to be installed at 

Ravena Kilns 1 and 2 to achieve a removal efficiency for SO2 of no less than 90%. 

d.	 If the Lafarge Companies elect not to Retire and Replace any Ravena Kiln in 

accordance with Section VIII (Election to Retire and Replace Kilns), then within 

12 months after the conclusion of the Optimization Phase as it applies to all Kilns 

57
 
identified in Paragraphs 56 and 7.z(2), the Lafarge Companies shall achieve and 

maintain compliance with the Demonstration Phase Facility-Wide 12-Month 

Rolling Average Emission Limit for SO2 of 2.62 lbs./Ton of clinker, or, 

alternatively, at any Kiln that the Lafarge Companies have elected not to Retire 

and Replace. 

e.	 The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission 

Limit for SO2 applicable to each Ravena Kiln that the Lafarge Companies have 

not otherwise elected to Retire and/or Replace pursuant to Section VIII (Election 

to Retire and Replace Kilns). Within 30 Days after the establishment of a 30-Day 

Rolling Average Emission Limit for SO2 under the Appendix at all Ravena Kilns 

that the Lafarge Companies have not otherwise elected to Retire or Replace, the 

Lafarge Companies shall achieve and maintain compliance with the 30-Day 

Rolling Average Emission Limit for SO2 at the respective Kiln. 

57. Kiln Replacement Option. If the Lafarge Companies elect to Retire and Replace 

any Ravena Kiln in accordance with Section VIII (Election to Retire and Replace Kilns), then 

Paragraph 56 (Control Technology Retrofit Option) shall not apply to that Kiln. Instead, the 

Lafarge Companies shall, with respect to each Replacement Kiln: 

a.	 Within 30 Days following the Date of Lodging of this Consent Decree, submit an 

application for an air pollution control permit, draft scope and full environmental 

assessment form as required in 6 NYCRR 617.6(a)(2) and 6 NYCRR 621.4(g)(1) 

for any Replacement Kiln(s), and a preconstruction permit as may be required by 

40 C.F.R. 52.21, and thereafter take all other actions necessary to obtain such 

58
 
permits or approvals after filing the applications including, but not limited to, 

responding to reasonable requests for additional information by the permitting 

authority in a timely fashion, and conducting any environmental or other 

assessment lawfully required by the permitting authority; 

b.	 Submit written notice to U.S. EPA and the State of New York pursuant to 

Section XIX (Notices) within 10 Days after the date on which Lafarge has 

commenced construction of the Replacement Kiln(s), stating the date on which 

such construction commenced; 

c.	 Complete construction of the Replacement Kiln(s) within 42 months of the date 

on which the Lafarge Companies commence construction of the Replacement 

Kiln(s), provided that if the Lafarge Companies fail to commence construction of 

any Replacement Kilns by January 1, 2012 or within 12 months of permit 

issuance pursuant to Paragraph 57.a., whichever is earlier, then, in addition to any 

other remedies available to the United States or the State of New York under this 

Consent Decree or other applicable law, the Lafarge Companies shall either: 

i.	 Install and Commence Continuous Operation of the Control Technology 

by January 1, 2015 or within 48 months of permit issuance pursuant to 

Paragraph 57.a., whichever is earlier, and thereafter comply with the 

Control Technology and other applicable requirements of Paragraph 56 as 

to the existing Ravena Kilns; or 

ii.	 Retire the Kiln(s) by July 1, 2012 or within 18 months of permit issuance 

pursuant to Paragraph 57.a, whichever is earlier. 

59
 
d.	 Commence Kiln Operation of the Replacement Kiln(s) within 42 months of the 

date on which the Lafarge Companies commence construction of the Replacement 

Kiln, or January 1, 2015, whichever is earlier; 

e.	 Retire the Replaced Kiln(s) within 180 Days of commencement of Kiln Operation 

of the Replacement Kiln(s); 

f.	 Within 42 months of the date on which the Lafarge Companies commence 

construction of the Replacement Kiln, or January 1, 2015, whichever is earlier, 

install and Commence Continuous Operation of Wet FGD technology designed to 

achieve a Control Efficiency for SO2 of 95% at each Replacement Kiln, as 

compared to an identical Replacement Kiln without Wet FGD technology, at the 

Ravena Facilities or, subject to review and approval by U.S. EPA and the 

Affected State pursuant to Section XI (Review and Approval of Submittals), 

equivalent alternative SO2 Control Technology that may include but shall not be 

limited to kiln system design, which is individually or collectively designed to 

achieve a Control Efficiency for SO2 equivalent to that of Wet FGD technology 

designed to achieve a Control Efficiency for SO2 of 95% at each Replacement 

Kiln(s) at the Ravena Facilities; and 

g.	 Within 180 Days after the Lafarge Companies have commenced Kiln Operation 

of any Replacement Kiln at Ravena, achieve and maintain compliance with a 30-

Day Rolling Average Emission Limit for SO2 of 1.4 lb/Ton of clinker, or the 

applicable New Source Performance Standard for SO2 for Portland Cement 

Manufacturing Facilities promulgated pursuant to Section 111 of the Act, 

whichever is more stringent, at each Replacement Kiln. 

60
 
58. Subject to Paragraph 59 below, within 54 months of the date on which the 

Lafarge Companies commence construction of any Replacement Kiln(s), or January 1, 2016, 

whichever is earlier, the Lafarge Companies shall, at Ravena, achieve and maintain compliance 

with a Facility-Wide 12-Month Rolling Tonnage Limit for SO2 of 2,462 Tons emitted per 12-

month period. 

59. Notification Regarding Ravena Replacement Kiln Compliance Date. If a 

governmental entity's failure to act upon a timely-submitted or supplemented permit or approval 

application submitted pursuant to Paragraph 57.a or the action of any third-party challenging the 

issuance of such permit operates to delay the issuance or effectiveness of a final valid permit or 

approval, thereby impairing the Lafarge Companies’ ability to timely satisfy a compliance 

obligation according to the implementation schedule requirements of Paragraph 57, the Lafarge 

Companies shall notify, in writing, the U.S. EPA and the State of New York of any such delay as 

soon as the Lafarge Companies reasonably conclude that the delay could affect their ability to 

comply with the implementation schedule set forth in Paragraph 57. 

a.	 If the Lafarge Companies provide the notification required under this Paragraph 

59, the Lafarge Companies shall propose in such notification, for approval by the 

U.S. EPA and the State of New York pursuant to Section XXII (Modification), a 

modification to the applicable schedule of implementation setting out the time 

necessary to comply after the permit or approval has been finalized and becomes 

effective, taking into consideration necessary periods for final contracting and 

delivery of equipment. In addition, the Lafarge Companies shall propose, 

pursuant to Section XI (Review and Approval of Submittals), interim measures 

(taking into consideration the anticipated time period such measures would be in 

61
 
 

use or operation) capable of reducing emissions of SO2 at the existing Ravena 

Kilns to be Replaced pursuant to Section VIII (Election to Retire and Replace 

Kilns) of this Consent Decree. Upon approval by U.S. EPA and the State of New 

York, such interim measures shall be implemented by no later than January 1, 

2015 and shall continue until the Ravena Kilns to be Replaced are Retired. 

However, nothing in this subparagraph shall obligate the United States or the 

State of New York to modify the schedule for implementation if a final valid 

permit or approval necessary for the construction of any Replacement Kiln(s) is 

denied by the permitting authority (including the conclusion of any administrative 

or judicial appeals) or has not issued or become effective by July 1, 2012. 

Within three years of any such denial by the permitting authority (including the 

conclusion of any administrative or judicial appeals) or by July 1, 2015, 

whichever is earlier, the Lafarge Companies shall install and Commence 

Continuous Operation of the Control Technology and thereafter comply with the 

Emission Limits and other applicable requirements of Paragraph 56 as to the 

existing Ravena Kilns which were to be Replaced. Alternatively, the Lafarge 

Companies may elect to Retire the Kiln(s); provided, such Retirement shall be 

completed within twelve (12) months of any such denial by the permitting 

authority (including the conclusion of any administrative or judicial appeals) or 

by July 1, 2013, whichever is earlier. 

b.	 Stipulated Penalties Inapplicable. If the Lafarge Companies timely provide the 

notification required under this Paragraph 59, stipulated penalties shall not accrue 

nor be due and owing during any period between an originally-scheduled 

62
 
implementation date and an approved modification to such date; provided, 

however, that if the U.S. EPA and the State of New York do not approve a 

modification to a date or dates then: (i) U.S. EPA and the State of New York will 

retain the right to seek stipulated penalties; and (ii) the Lafarge Companies will 

retain the right to dispute any demand for stipulated penalties, pursuant to Section 

XV (Dispute Resolution). 

c.	 Force Majeure Inapplicable. The failure of a governmental entity to issue a final 

valid permit or approval or the action of any third-party challenging the issuance 

of such permit that operates to delay the issuance or effectiveness of a final valid 

permit or approval issued pursuant to Paragraph 57.a necessary for the 

construction or operation of any Replacement Kiln(s) shall not constitute Force 

Majeure events triggering the requirements of Section XIV (Force Majeure); 

instead, the provisions of this Paragraph 59 shall apply. 

Fredonia 

60. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of DAA technology in 

the table specified below at Fredonia Kiln 1 and Fredonia Kiln 2 at the Fredonia Facility in the 

order selected by the Lafarge Companies by the dates specified below: 

63
 
Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limits 

(lbs. SO2/Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. SO2/Ton of clinker) 

1st 

Selected 

Kiln 

DAA 10/1/2012 See Appendix 

6.15 2nd 

Selected 

Kiln 

DAA 11/1/2012 See Appendix 

Upon installation of the DAA technology, the Lafarge Companies shall Continuously Operate 

the DAA technology during all times of Kiln Operation, except during except for periods of 

DAA technology Malfunction. 

61. Within 12 months after the conclusion of the Optimization Phase as it applies to 

all Kilns identified in Paragraph 60, the Lafarge Companies shall achieve and maintain 

compliance with the Demonstration Phase Facility-Wide 12-Month Rolling Average Emission 

Limit for SO2 of 6.15 lbs./Ton of clinker. 

62. The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission Limit for SO2 

applicable to each Fredonia Kiln. Within 30 Days after the establishment of a 30-Day Rolling 

Average Emission Limit for SO2 at Fredonia Kilns 1 or 2 under the Appendix, the Lafarge 

Companies shall achieve and maintain compliance with the 30-Day Rolling Average Emission 

Limit for SO2 at the respective Kiln. 

Whitehall 

63. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the DAA technology 

64
 
 

in the table specified below at Whitehall Kiln 2 and Whitehall Kiln 3 at the Whitehall Facility by 

the dates specified below: 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limits 

(lbs. SO2/Ton clinker) 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. SO2/Ton clinker) 

Kiln 2 DAA 1/1/2011 4.06 

2.59 

Kiln 3 DAA 2/1/2011 3.19 

Upon installation of the DAA technology, the Lafarge Companies shall Continuously Operate 

the DAA technology during all times of Kiln Operation, except during except for periods of 

DAA technology Malfunction. 

64. Within 14 months after the date by which the Lafarge Companies are required to 

Commence Continuous Operation of the DAA technology at the first Kiln identified in 

Paragraph 63, the Lafarge Companies shall comply with a Facility-Wide 12-Month Rolling 

Average Emission Limit for SO2 of 2.59 lbs./Ton of clinker. 

65. Within 90 Days after the date by which the Lafarge Companies are required to 

Commence Continuous Operation of the DAA technology at each Kiln identified in Paragraph 

63, the Lafarge Companies shall comply with the 30-Day Rolling Average Emission Limits for 

SO2 at the respective Kiln specified in Paragraph 63. 

Paulding 

66. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of DAA technology in 

the table specified below at Paulding Kiln 1 and Paulding Kiln 2 at the Paulding Facility in the 

order selected by the Lafarge Companies by the dates specified below: 

65
 
Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limit 

(lbs. SO2/Ton of 

clinker) 

Demonstration Phase 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. SO2/Ton of clinker) 

1st 

Selected 

Kiln 

DAA 11/1/2011 See Appendix 

5.35 2nd 

Selected 

Kiln 

DAA 12/1/2011 See Appendix 

Upon installation of the DAA technology, the Lafarge Companies shall Continuously Operate 

the DAA technology during all times of Kiln Operation, except during periods of DAA 

technology Malfunction. 

67. Within 12 months after the conclusion of the Optimization Phase as it applies to 

all Kilns identified in Paragraph 66, the Lafarge Companies shall achieve and maintain 

compliance with the Demonstration Phase Facility-Wide 12-Month Rolling Average Emission 

Limit for SO2 of 5.35 lbs./Ton of clinker. 

68. The Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission Limit for SO2 

applicable to each Paulding Kiln. Within 30 Days after the establishment of a 30-Day Rolling 

Average Emission Limit for SO2 at Paulding Kiln 1 or 2 under the Appendix, the Lafarge 

Companies shall achieve and maintain compliance with the 30-Day Rolling Average Emission 

Limit for SO2 at the respective Kiln. 

Seattle 

69. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of DAA technology in 

the table specified below at Seattle Kiln 1 at the Seattle Facility by the date specified below: 

66
 
 

Kiln Control 

Technology 

Date of 

Installation and 

Commencement 

of Continuous 

Operation 

30-Day Rolling 

Average Emission 

Limit 

(lbs. SO2/Ton of 

clinker) 

Facility-Wide 12-Month 

Rolling Average 

Emission Limit 

(lbs. SO2/Ton of clinker) 

1 DAA 2/1/2011 4.12 2.77 

Upon installation of the DAA technology, the Lafarge Companies shall Continuously Operate 

the DAA technology during all times of Kiln Operation, except during periods of DAA 

technology Malfunction. 

70. Within 14 months after the date by which the Lafarge Companies are required to 

Commence Continuous Operation of the DAA technology at the Kiln identified in Paragraph 69, 

the Lafarge Companies shall achieve and maintain compliance with a Facility-Wide 12-Month 

Rolling Average Emission Limit for SO2 of 2.77 lbs./Ton of clinker. 

71. Within 90 Days after the date by which the Lafarge Companies are required to 

Commence Continuous Operation of the DAA technology at the Kiln identified in Paragraph 69, 

the Lafarge Companies shall comply with the 30-Day Rolling Average Emission Limit for SO2 

of 4.12 lbs./Ton of clinker at Seattle Kiln 1. 

Joppa 

72. The Lafarge Companies shall comply with such requirements of Illinois 

Environmental Protection Agency Permit # 05100026 (issued July 6, 2007), applicable to SO2 

emissions at Joppa Kiln 1. From January 1, 2011 through July 31, 2013 or until 180 Days 

following first introduction of raw material in Joppa Kiln 3 pursuant to Illinois Environmental 

Protection Agency Permit # 05100026 (issued July 6, 2007), whichever is earlier, the Lafarge 

Companies shall achieve and maintain compliance with an interim Facility-Wide 12-Month 

Rolling Average Tonnage Limit for SO2 of 1,757 tons per year. 

67
 
 Tulsa 

73. No later than December 1, 2010, the Lafarge Companies shall provide to U.S. 

EPA and the Oklahoma Department of Environmental Quality, pursuant to Section XIX 

(Notices), a written report stating daily SO2 emissions data for the previous six (6) Operating 

Months collected by the CEMs installed and operated at Tulsa Kilns 1 and 2 pursuant to Section 

VI.B of this Consent Decree (SO2 Continuous Emission Monitoring Systems). The written 

report shall include a statement of whether the Lafarge Companies are capable of achieving a 30-

Day Rolling Average Emission Rate for SO2 of 2.5 lb/Ton of clinker at each Tulsa Kiln without 

DAA technology, including all periods of Startup, Shut Down, and Malfunction, and an 

explanation for such statement based upon the CEMs data provided in the written report. 

a.	 If, upon review of the written report pursuant to Section XI of this Consent 

Decree (Review and Approval of Submittals), U.S. EPA and the Oklahoma 

Department of Environmental Quality determine that the Lafarge Companies can 

achieve a 30-Day Rolling Average Emission Limit for SO2 of 2.5 lb/Ton of 

clinker at a Tulsa Kiln without DAA technology, then within 30 Days of written 

notice from U.S. EPA and the Oklahoma Department of Environmental Quality, 

the Lafarge Companies shall achieve and maintain compliance with a 30-Day 

Rolling Average Emission Limit for SO2 of 2.5 lb/Ton of clinker at the respective 

Tulsa Kiln. 

b.	 If, upon review of the written report pursuant to Section XI of this Consent 

Decree (Review and Approval of Submittals), U.S. EPA and the Oklahoma 

Department of Environmental Quality determine that the Lafarge Companies 

cannot achieve a 30-Day Rolling Average Emission Rate for SO2 of 2.5 lb/Ton of 

68
 
clinker at a Tulsa Kiln without DAA technology, then, subject to Section VII 

(Temporary Cessation of Kiln Operation), within 12 months following U.S. EPA 

and the Oklahoma Department of Environmental Quality’s determination that the 

Lafarge Companies cannot achieve a 30-Day Rolling Average Emission Rate for 

SO2 of 2.5 lb/Ton of clinker at a Tulsa Kiln, the Lafarge Companies shall have 

installed and Commenced Continuous Operation of DAA technology at the 

respective Tulsa Kiln. Upon installation of the DAA technology, the Lafarge 

Companies shall Continuously Operate the DAA technology during all times of 

Kiln Operation, except for periods of DAA technology Malfunction. The 

Lafarge Companies shall comply with the Appendix (Control Technology 

Demonstration Requirements) in setting a 30-Day Rolling Average Emission 

Limit for SO2 applicable to the respective Tulsa Kiln. Within 30 Days after the 

establishment of a 30-Day Rolling Average Emission Limit for SO2 at the 

respective Tulsa Kiln under the Appendix, the Lafarge Companies shall achieve 

and maintain compliance with the 30-Day Rolling Average Emission Limit for 

SO2 at the respective Kiln. 

Roberta 

74. Upon and after the Effective Date, the Lafarge Companies shall achieve and 

maintain compliance with a 30-Day Rolling Average Emission Limit for SO2 of 2.2 lbs/Ton of 

clinker at the Roberta Kiln 5. 

Davenport 

75. Subject to Section VII (Temporary Cessation of Kiln Operation), the Lafarge 

Companies shall have installed and Commenced Continuous Operation of the DAA technology 

69
 
specified in the table below at Davenport Kiln 1 at the Davenport Facility by the date specified 

below: 

Kiln Control 

Technology 

Date of Installation and 

Commencement of 

Continuous Operation 

Facility-Wide 12-Month Rolling 

Tonnage Limit 

(Tons SO2/12 month period) 

1 DAA 7/1/2010 4,850 

Upon installation of the DAA technology, the Lafarge Companies shall thereafter Continuously 

Operate the DAA technology during all times of Kiln Operation, except during periods of DAA 

technology Malfunction. 

76. Upon and after the Effective Date of this Consent Decree, the Lafarge Companies 

shall achieve and maintain compliance with the Facility-Wide 12-Month Rolling Tonnage Limit 

for SO2 of 4,850 Tons emitted per rolling 12 month period. 

Harleyville 

77. The Lafarge Companies shall comply with such requirements of Permit Number 

0900-0004-EF-R2, issued by the South Carolina Department of Health and Environmental 

Control on December 14, 2007, as may become applicable relative to SO2 emissions at 

Harleyville Kiln 1 at the Harleyville Facility. 

B. SO2 Continuous Emission Monitoring Systems 

78. At each Kiln identified in Paragraph 7.z (except for Joppa Kiln 3) of this Decree, 

the Lafarge Companies shall install and make operational within 12 months of the Effective Date 

a SO2 continuous emissions monitoring system (CEMS) at each stack which collects emissions 

from such Kiln (or Kilns, in the case of Ravena) in accordance with the requirements of 40 C.F.R. 

Part 60. 

70
 
79. Except during CEMS breakdowns, repairs, calibration checks, and zero span 

adjustments, the CEMS required pursuant to Paragraph 78 shall be operated at all times, and 

shall be used at each Kiln to demonstrate compliance with the SO2 Emission Limits established 

in Section VI.A (SO2 Control Technology, Emission Limits, and Tonnage Limits) and the 

Appendix (Control Technology Demonstration Requirements), as applicable, of this Consent 

Decree. 

80. Each SO2 CEMs required pursuant to Paragraph 78 shall monitor and record the 

applicable SO2 emission rate from each Kiln stack in units of lbs of SO2 per Ton of clinker 

produced at such Kiln and shall be installed, certified, calibrated, maintained, and operated in 

accordance with the applicable requirements of 40 C.F.R. Part 60. 

81. For purposes of this Consent Decree, all emissions of SO2 shall be measured by 

CEMS. During any time when CEMs are inoperable and otherwise not measuring emissions of 

SO2 from any Kiln, the Lafarge Companies shall apply the missing data substitution procedures 

used by the Affected State or the missing data substitution procedures in 40 C.F.R. Part 75, 

Subpart D whichever is deemed appropriate by the Affected State. 

VII. TEMPORARY CESSATION OF KILN OPERATION 

82. If the Lafarge Companies Temporarily Cease Kiln Operation of any Kiln prior to 

the date by which the Lafarge Companies are required to install and/or Continuously Operate any 

Control Technology at that Kiln under Section V (NOx Control Technology, Emission Limits, 

Tonnage Limits, and Monitoring Requirements) and/or Section VI (SO2 Control Technology, 

Emission Limits, Tonnage Limits, and Monitoring Requirements), the Lafarge Companies shall 

provide written notice within ten (10) Days after such Temporary Cessation, specifying the date 

71
 
on which such period of Temporary Cessation began. The Lafarge Companies shall provide 

such written notice pursuant to Section XIX (Notices). 

83. If the Lafarge Companies have provided the written notice as required in 

Paragraph 82, the Lafarge Companies shall not be required to install and Continuously Operate 

the Control Technology at that Kiln by the date required in Section V (NOx Control Technology, 

Emission Limits, Tonnage Limits and Monitoring Requirements) and/or Section VI (SO2 Control 

Technology, Emission Limits, Tonnage Limits, and Monitoring Requirements) of this Consent 

Decree with respect to that Kiln. However, the Lafarge Companies shall not recommence Kiln 

Operation after the date required in Section V (NOx Control Technology, Emission Limits, 

Tonnage Limits and Monitoring Requirements) and Section VI (SO2 Control Technology, 

Emission Limits, Tonnage Limits, and Monitoring Requirements) of this Consent Decree with 

respect to that Kiln unless the Lafarge Companies have first installed and Commenced 

Continuous Operation of the Control Technology required, commenced compliance with all 

requirements for that Kiln contained in Section V (NOx Control Technology, Emission Limits, 

Tonnage Limits and Monitoring Requirements) and/or Section VI (SO2 Control Technology, 

Emission Limits, Tonnage Limits, and Monitoring Requirements) and have provided notice to 

EPA within 30 Days after recommencing Kiln Operation. If the Lafarge Companies 

recommence Kiln Operation without installing and Commencing Continuous Operation of the 

Control Technology required under, and do not commence compliance with all requirements for 

that Kiln contained in Section V (NOx Control Technology, Emission Limits, Tonnage Limits 

and Monitoring Requirements) and/or Section VI (SO2 Control Technology Emission Limits, 

Tonnage Limits, and Monitoring Requirements), they shall be liable for stipulated penalties 

pursuant to Section XIII (Stipulated Penalties). 

72
 
84. Notwithstanding Paragraph 83, if the Lafarge Companies Temporarily Cease Kiln 

Operation for twenty-four (24) consecutive months subsequent to the Effective Date of this 

Consent Decree, prior to recommencing Kiln Operation the Lafarge Companies shall first apply 

for and obtain applicable permits required under: (1) the PSD provisions of the Act, 42 U.S.C. §§ 

7470-7492 and/or the nonattainment NSR provisions of the Act, 42 U.S.C. §§ 7501-7515; or (2) 

the federally-approved and enforceable SIPs which incorporate and/or implement the federal 

PSD and/or nonattainment NSR requirements. Periods of Kiln Operation after the date the 

requirement to install and Commence Continuous Operation of a Control Technology arises in 

Section V (NOx Control Technology, Emission Limits, Tonnage Limits and Monitoring 

Requirements) and/or Section VI (SO2 Control Technology, Emission Limits, Tonnage Limits, 

and Monitoring Requirements) without the required Control Technology installation and 

Commencement of Continuous Operation shall not interrupt any portion of the twenty-four (24) 

consecutive month period of Temporary Cessation of Kiln Operation that applies under this 

paragraph. For the purposes of this Paragraph, such periods of Kiln Operation without the 

required Control Technology shall be included in the Temporary Cessation of Kiln Operation. 

VIII. ELECTION TO RETIRE AND REPLACE KILNS 

85. By December 31, 2010, the Lafarge Companies shall provide written notice to 

U.S. EPA, Director of the Air Enforcement Division, and the Affected States in which the Kilns 

are located, stating whether the Lafarge Companies intend to Retire and Replace any Kiln at 

Ravena and Alpena in lieu of retrofitting the Control Technology required under this Consent 

Decree. 

73
 
IX. PROHIBITION ON NETTING CREDITS OR OFFSETS FROM REQUIRED 

CONTROLS
 

86. Except as provided in Paragraph 87 below, emission reductions resulting from 

compliance with the requirements of this Consent Decree shall not be considered as a creditable 

contemporaneous emission decrease for the purpose of obtaining a netting credit under the Clean 

Air Act’s Non-attainment NSR and PSD programs. 

87. Notwithstanding Paragraph 86, Lafarge may use any emission decreases of NOx 

and SO2 under this Consent Decree generated from the Retirement of any Alpena Kiln or any 

Ravena Kiln as creditable decreases for the purpose of obtaining netting credits or offsets for 

these pollutants under the Clean Air Act’s Non-attainment NSR and PSD programs, solely at the 

respective Facility, for construction of any Replacement Kilns at the Alpena and Ravena 

Facilities if, as required under this Consent Decree: 

a.	 The Lafarge Companies Retire any Kiln(s) to be Replaced by a new Kiln at 

Alpena or Ravena; 

b.	 The Lafarge Companies install and Commence Continuous Operation of Wet 

FGD technology designed to achieve an SO2 Control Efficiency of 95% at each 

Replacement Kiln(s) at the Alpena or Ravena Facilities or, subject to review and 

approval by U.S. EPA and the Affected State pursuant to Section XI (Review and 

Approval of Submittals), equivalent alternative SO2 Control Technology that may 

include but shall not be limited to kiln system design, which is individually or 

collectively designed to achieve an equivalent Control Efficiency at each 

Replacement Kiln(s) at the Alpena or Ravena Facilities; 

c.	 The Lafarge Companies install and Commence Continuous Operation of one 

SNCR at each Replacement Kiln at the Alpena or Ravena Facilities; 

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d.	 Within 180 Days after the Lafarge Companies have commenced operation of any 

Replacement Kiln(s) at Alpena or Ravena, the Lafarge Companies achieve 

compliance with the 30-Day Rolling Average Emission Limit for SO2 of 1.4 

lb/Ton of clinker at the Replacement Kiln, or the applicable New Source 

Performance Standard for SO2 for Portland Cement Manufacturing Facilities 

promulgated pursuant to Section 111 of the Act, whichever is more stringent, at 

each Replacement Kiln; 

e.	 Within 180 Days after the Lafarge Companies have commenced operation of any 

Replacement Kiln(s) at Alpena or Ravena, the Lafarge Companies achieve 

compliance with the 30-Day Rolling Average Emission Limit for NOx of 2.1 

lb/Ton of clinker at that Alpena Replacement Kiln and 2.3 lb/Ton of clinker at 

that Ravena Replacement Kiln, or applicable New Source Performance Standard 

for NOx for Portland Cement Manufacturing Facilities promulgated pursuant to 

Section 111 of the Act, whichever is more stringent, at the Replacement Kiln; 

f.	 The permits or approvals for any Replacement Kilns at the Alpena or Ravena 

Facilities are consistent with the requirements and limitations of this Paragraph; 

and 

g.	 The Lafarge Companies comply with all other requirements under Sections V 

(NOx Control Technology, Emission Limits, Tonnage Limits, and Monitoring 

Requirements), VI (SO2 Control Technology, Emission Limits, Tonnage Limits, 

and Monitoring Requirements), VII (Temporary Cessation of Kiln Operation) and 

VIII (Election to Retire and Replace Kilns) of this Consent Decree applicable to 

the Ravena or Alpena Facilities. 

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88. The limitations on the generation and use of netting credits or offsets set forth in 

Paragraphs 86 do not apply to emission reductions achieved by the Lafarge Companies that are 

surplus to those required under this Consent Decree (“surplus emission reductions”). For 

purposes of this Paragraph, surplus emission reductions are the reduction over and above those 

required under this Consent Decree that result from the Lafarge Companies’ compliance with 

federally enforceable emissions limits that are more stringent than limits imposed under this 

Consent Decree or from the Lafarge Companies’ compliance with emissions limits otherwise 

required under applicable provisions of the Clean Air Act or with an applicable SIP that contains 

more stringent limits than those imposed under this Consent Decree. 

89. Nothing in this Consent Decree is intended to preclude the emission reductions 

generated under this Consent Decree from being considered by U.S. EPA or a State as creditable 

contemporaneous emission decreases for the purpose of attainment demonstrations submitted 

pursuant to § 110 of the Act, 42 U.S.C. § 7410, or in determining impacts on NAAQS, PSD 

increments, or air quality-related values, including visibility in a Class I area. 

90. The Lafarge Companies shall, within 30 Days after the Effective Date, apply to 

the State of Georgia for and upon issuance retire fifty (50) NOx Emission Reduction Credits 

pursuant to Georgia's Emission Reduction Credit Rule Ga. Comp. R. & Regs. R., 391-3-1-.03(13) 

and the Clean Air Act. Lafarge shall thereafter provide notice to U.S. EPA of such retirement 

within 30 Days following receipt from the State of Georgia of confirmation of the retirement. 

X. PERMITS 

91. Where any compliance obligation under this Consent Decree requires the Lafarge 

Companies to obtain a federal, State, or local permit or approval the Lafarge Companies shall 

submit a timely and complete application for such permit or approval and take all other actions 

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necessary to obtain all such permits or approvals, allowing for all legally required processing and 

review including requests for additional information by the permitting or approval authority. 

Except as provided for in Paragraphs 16, 21, 54, and 59, the Lafarge Companies may seek relief 

under the provisions of Section XIV of this Consent Decree (Force Majeure) for any delay in the 

performance of any obligation under this Consent Decree resulting from a failure to obtain, or a 

delay in obtaining, any permit or approval required to fulfill such obligation, if the Lafarge 

Companies have submitted timely and complete applications and have taken all other actions 

necessary to obtain all such permits or approvals and responses to requests for additional 

information. 

92. In addition to having first obtained any required preconstruction permits or other 

approvals pursuant to Paragraph 91, the Lafarge Companies, within 12 months after the 

Commencement of operation of each Control Technology required to be installed, upgraded, or 

operated on a Kiln under this Consent Decree, shall apply to the Affected State to include the 

requirements and limitations enumerated in this Consent Decree in a construction permit or other 

permit or approval (other than a Title V permit) which is federally enforceable, issued under the 

SIP of the Affected State, and issued under authority independent of the Affected State’s 

authority to issue Title V permits. The permit or approval shall require compliance with any 

applicable 30-Day Rolling Average Emission Limit, Facility-Wide 12-Month Rolling Average 

Emission Limit, and any applicable Facility-Wide 12-Month Rolling Tonnage Limit, and any 

monitoring requirements, including those in Sections V.B and VI.B. of this Decree. Following 

submission of the application for the permit or approval, the Lafarge Companies shall cooperate 

with the appropriate permitting authority by promptly submitting all information that such 

permitting authority seeks following its receipt of the application for the permit. 

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93. Upon issuance of a permit by the Affected State, or in conjunction with the 

issuance of such permit, the Lafarge Companies shall file any applications necessary to 

incorporate the requirements of the permit into the Title V operating permit for the relevant 

Facility. The Lafarge Companies shall not challenge the inclusion in any such permit of the 

Emission Limits and Tonnage Limits expressly prescribed in this Consent Decree (including, 

where applicable, 30-Day Rolling Average Emission Limits determined in accordance with the 

Appendix), but nothing in this Consent Decree is intended nor shall it be construed to require the 

establishment of Emission Limits or Tonnage Limits other than those Emission Limits and 

Tonnage Limits expressly prescribed in this Consent Decree nor to preclude the Lafarge 

Companies from challenging any more stringent Emission Limits or Tonnage Limits should they 

be proposed for reasons independent of this Consent Decree. 

94. As soon as practicable, but in no event later than one hundred twenty (120) Days 

after the establishment of any Emission Limits pursuant to Consent Decree, the Lafarge 

Companies shall submit applications to the appropriate permitting authority to incorporate all 

applicable Emission Limits, and any requirements and limitations, including those in Sections V 

(NOx Control Technology, Emission Limits, Tonnage Limits, and Monitoring Requirements) 

and VI (SO2 Control Technology, Emission Limits, Tonnage Limits, and Monitoring 

Requirements) of this Decree, into federally enforceable construction or other permits (other than 

Title V permits) which are federally enforceable. Following submission of the permit 

application by the Lafarge Companies to the Affected State, the Lafarge Companies shall 

cooperate with the appropriate permitting authority by promptly submitting all information that 

such permitting authority seeks following its receipt of the permit application. Upon issuance of 

such permit or in conjunction with such permitting by the Affected State, the Lafarge Companies 

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shall file any applications necessary to incorporate the requirements of that permit into the Title 

V operating permit of the appropriate Facility. The Lafarge Companies shall not challenge the 

inclusion in any such permit of the Emission Limits and Tonnage Limits expressly prescribed in 

this Consent Decree (including, where applicable, 30-Day Rolling Average Emission Limits 

determined in accordance with the Appendix), but nothing in this Consent Decree is intended nor 

shall it be construed to require the establishment of Emission Limits or Tonnage Limits other 

than those Emission Limits and Tonnage Limits expressly prescribed in this Consent Decree nor 

to preclude the Lafarge Companies from challenging any more stringent Emission Limits or 

Tonnage Limits should they be proposed for reasons independent of this Consent Decree. 

95. The Parties agree that the incorporation of any Emission Limits and any other 

requirements and limitations into the Title V permits for the Lafarge Companies’ Facilities shall 

be in accordance with the applicable federal, State or local rules or laws. 

96. For each Kiln, the Lafarge Companies shall provide U.S. EPA with a copy of 

each application for a permit to address or comply with any provision of this Consent Decree, as 

well as a copy of any permit proposed as a result of such application, to allow for timely 

participation in any public comment opportunity. 

97. In lieu of incorporating the terms of the Consent Decree directly into a permit 

issued under a SIP pursuant to Paragraphs 92 and 94, the Lafarge Companies may request an 

Affected State to submit the portions of the Consent Decree applicable to the Facilities in that 

Affected State to the U.S. EPA for approval under the State’s SIP in accordance with 42 U.S.C. § 

7410(k). Upon approval by the U.S. EPA, those portions of this Consent Decree will be 

incorporated into the Affected State’s SIP, and subsequently incorporated into Title V permits 

for each Facility consistent with applicable requirements in 40 C.F.R. Part 70 or State-specific 

79
 
rules adopted and approved consistent with Part 70. The Lafarge Companies agree not to contest 

the submittal of any such proposed SIP revision that incorporates the terms of this Consent 

Decree to U.S. EPA, or U.S. EPA’s approval of such submittal, or the incorporation of the 

applicable portions of this Consent Decree through these SIP requirements into the Title V 

permits. 

98. Notwithstanding Paragraphs 91-94 and 97, nothing in this Consent Decree shall 

be construed to require the Lafarge Companies to apply for or obtain a PSD or Non-attainment 

NSR permit or SIP amendment for any actions required under this Consent Decree. 

99. When permits or SIP amendments are required as described in Paragraphs 91-94 

and 97, the Lafarge Companies shall complete and submit applications for such permits or SIP 

amendments to the appropriate authorities to allow sufficient time for all legally required 

processing and review of the permit application or application for a SIP amendment, including 

requests for additional information by the permitting authorities. Any failure by the Lafarge 

Companies to submit a timely and complete permit application or application for a SIP 

amendment for any Kiln shall bar any use by the Lafarge Companies of Section XIV (Force 

Majeure) of this Consent Decree, where a Force Majeure claim is based on permitting delays or 

delays associated with issuance of a the SIP amendment. 

100. Notwithstanding the reference to Title V permits in this Consent Decree, the 

enforcement of such permits shall be in accordance with their own terms and the Act. The Title 

V permits shall not be enforceable under this Consent Decree, although any term or limit 

established by or under this Consent Decree shall be enforceable under this Consent Decree 

regardless of whether such term has or will become part of a Title V permit, subject to the terms 

of Section XXIII (Termination) of this Consent Decree. 

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XI. REVIEW AND APPROVAL OF SUBMITTALS 

101. After review of any plan, report, or other document that is required to be 

submitted pursuant to this Consent Decree, U.S. EPA and the Affected State shall in writing: (a) 

approve the submission; (b) approve the submission upon specified conditions; (c) approve part 

of the submission and disapprove the remainder; or (d) disapprove the submission. 

102. If the submission is approved pursuant to Paragraph 101, the Lafarge Companies 

shall take all actions required by the plan, report, or other document, in accordance with the 

schedules and requirements of the plan, report, or other document, as approved. If the 

submission is conditionally approved or approved only in part, pursuant to Paragraph 101(b) or 

(c), the Lafarge Companies shall, upon written direction of U.S. EPA, after consultation with the 

Affected State, take all actions required by the approved plan, report, or other item that U.S. EPA, 

after consultation with the Affected State, determines are technically severable from any 

disapproved portions, subject to Lafarge’s right to dispute only the specified conditions or the 

disapproved portions, under Section XV of this Decree (Dispute Resolution). 

103. If the submission is disapproved in whole or in part pursuant to Paragraph 101(c) 

or (d), the Lafarge Companies shall, within 45 Days or such other time as the Parties agree to in 

writing, correct all deficiencies and resubmit the plan, report, or other item, or disapproved 

portion thereof, for approval, in accordance with the preceding Paragraphs. If the resubmission 

is approved in whole or in part, the Lafarge Companies shall proceed in accordance with the 

preceding Paragraph. 

104. Any stipulated penalties applicable to an original submission that is disapproved 

in whole or in part pursuant to Paragraph 101(c) or (d), as provided in Section XIII (Stipulated 

Penalties) of this Decree, shall continue to accrue during the period specified in Paragraph 114, 

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but any stipulated penalties that accrue following the receipt of the submission shall not be 

payable unless the resubmission is untimely or is disapproved in whole or in part; provided that, 

if the original submission was so deficient as to constitute a material breach of Lafarge’s 

obligations under this Decree, the stipulated penalties applicable to the original submission shall 

be due and payable notwithstanding any subsequent resubmission. 

105. If a resubmitted plan, report, or other item, or portion thereof, is disapproved in 

whole or in part, U.S. EPA and the Affected State may again require the Lafarge Companies to 

correct any deficiencies in accordance with the preceding Paragraphs, or may themselves correct 

any deficiencies and seek stipulated penalties, subject to the Lafarge Companies’ right to invoke 

Dispute Resolution under Section XV of this Consent Decree. 

XII. REPORTING REQUIREMENTS 

106. The Lafarge Companies shall submit the following reports: Within 30 Days after 

the end of each half calendar year (i.e., by January 30th, July 30th) after the Effective Date, until 

termination of this Decree pursuant to Section XXIII (Termination), the Lafarge Companies shall 

submit a semi-annual report to U.S. EPA and the Affected States for the immediately preceding 

half calendar year period that shall: 

a.	 Identify any and all dates on which the Lafarge Companies have installed, or 

describe the progress of installation of, each Control Technology required for 

each Kiln under Section V (NOx Control Technology, Emission Limits, Tonnage 

Limits and Monitoring Requirements) and Section VI (SO2 Control Technology, 

Emission Limits, Tonnage Limits, and Monitoring Requirements), and describe 

any problems encountered or anticipated during such installation, together with 

implemented or proposed solutions; 

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b.	 Identify any and all dates on which the Lafarge Companies have completed 

installation of, or describe the progress of installation of, each CEMS required 

under Section V.B. (NOx Continuous Emission Monitoring Systems)and Section 

VI.B (SO2 Continuous Emission Monitoring Systems), and describe any problems 

encountered or anticipated during such installation, together with implemented or 

proposed solutions; 

c.	 Identify any and all dates on which the Lafarge Companies Temporarily Ceased 

Kiln Operation pursuant to Section VII (Temporary Cessation of Kiln Operation); 

d.	 Provide all CEMS data collected for each Kiln, including an explanation of any 

periods of CEMs downtime together with any missing data for which the Lafarge 

Companies applied missing data substitution procedures, under Section V.B. 

(NOx Continuous Emission Monitoring Systems) and Section VI.B (SO2 

Continuous Emission Monitoring Systems); 

e.	 Demonstrate compliance with all applicable Demonstration-Phase Facility-Wide 

12-Month Rolling Average Emission Limits in Section V (NOx Control 

Technology, Emission Limits, Tonnage Limits and Monitoring Requirements) 

and Section VI (SO2 Control Technology, Emission Limits, Tonnage Limits, and 

Monitoring Requirements) of the Consent Decree; 

f.	 Demonstrate compliance with all applicable Facility-Wide 12-Month Rolling 

Average Emission Limits in Section V (NOx Control Technology, Emission 

Limits, Tonnage Limits and Monitoring Requirements) and Section VI (SO2 

Control Technology, Emission Limits, Tonnage Limits and Monitoring 

Requirements) of the Consent Decree; 

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g. Demonstrate compliance with all applicable 30-Day Rolling Average Emission 

Limits of this Consent Decree, including but not limited to those in Sections V 

(NOx Control Technology, Emission Limits and Monitoring Requirements) and 

VI (SO2 Control Technology, Emission Limits and Monitoring Requirements) of 

this Consent Decree; 

h. Demonstrate compliance with all applicable 12-Month Rolling Tonnage Limits 

under Sections V (NOx Control Technology, Emission Limits, Tonnage Limits, 

and Monitoring Requirements) and VI (SO2 Control Technology, Emission Limits, 

Tonnage Limits, and Monitoring Requirements); 

i. Provide a complete description and status of all actions the Lafarge Companies 

have undertaken to comply with the Appendix of this Consent Decree; 

j. Demonstrate compliance with any applicable 30-Day Rolling Average Emission 

Limits established under the Appendix of this Consent Decree; 

k. Describe the status of the election made pursuant to Section VIII (Election to 

Retire and Replace Kilns) of this Consent Decree; 

l. If applicable, describe the status of actions undertaken pursuant to Section IX 

(Prohibition on Netting Credits or Offsets from Required Controls) of this 

Consent Decree; 

m. Describe the status of permit applications and any proposed SIP revisions 

required under this Consent Decree; and 

n.	 Describe the status of any operation and maintenance work relating to activities 

required under this Consent Decree. 

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The semi-annual report shall also include a description of any non-compliance with the 

requirements of this Consent Decree and an explanation of the violation’s likely cause and of the 

remedial steps taken, or to be taken, to prevent or minimize such violation. 

107. If the Lafarge Companies violate, or have reason to believe that they may violate, 

any requirement of this Consent Decree, the Lafarge Companies shall notify the United States 

and the Affected State of such violation and its likely duration, in writing, within ten Business 

Days of the Day the Lafarge Companies first become aware of the violation, with an explanation 

of the violation’s likely cause and of the remedial steps taken, or to be taken, to prevent or 

minimize such violation. The Lafarge Companies shall investigate the cause of the violation and 

shall then submit an amendment to the report required under Paragraph 106, including a full 

explanation of the cause of the violation, within 30 Days of the Day Lafarge becomes aware of 

the cause of the violation. Nothing in this Paragraph or the following Paragraph relieves Lafarge 

of its obligation to provide the notice required by Section XIV of this Consent Decree (Force 

Majeure) if Lafarge contends a Force Majeure event occurred. 

108. Whenever any violation of this Consent Decree, or of any applicable permits 

required under this Consent Decree, or any other event affecting the Lafarge Companies’ 

performance under this Decree, or the performance of any Facility, may pose an immediate 

threat to the public health or welfare or the environment, the Lafarge Companies shall notify U.S. 

EPA and the Affected State, orally or by electronic or facsimile transmission as soon as possible, 

but no later than 24 hours after Lafarge first knew, or should have known, of the violation or 

event. This procedure is in addition to the requirements set forth in the preceding Paragraph. 

109. All reports shall be submitted to the persons designated in Section XIX of this 

Consent Decree (Notices). 

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110. Each report submitted by Lafarge under this Section shall be signed by an official 

of the submitting party and include the following certification: 

I certify under penalty of law that this document and all 

attachments were prepared under my direction or supervision in 

accordance with a system designed to assure that qualified 

personnel properly gather and evaluate the information submitted. 

Based on my inquiry of the person or persons who manage the 

system, or those persons directly responsible for gathering the 

information, the information submitted is, to the best of my 

knowledge and belief, true, accurate, and complete. I am aware 

that there are significant penalties for submitting false information, 

including the possibility of fine and imprisonment for knowing 

violations. 

This certification requirement does not apply to emergency or similar notifications where 

compliance would be impractical. 

111. The reporting requirements of this Consent Decree do not relieve Lafarge of any 

reporting obligations required by the Clean Air Act or implementing regulations, or by any other 

federal, State, or local law, regulation, permit, or other requirement. 

112. Any information provided pursuant to this Consent Decree may be used by the 

United States in any proceeding to enforce the provisions of this Consent Decree and as 

otherwise permitted by law. 

XIII. STIPULATED PENALTIES 

113. The Lafarge Companies shall be liable for stipulated penalties to the United States 

and Affected State(s) for violations of this Consent Decree as specified in Table 1 below, unless 

excused under Section XIV (Force Majeure). A violation includes failing to perform any 

obligation required by the terms of this Decree, including any work plan or schedule approved 

under this Decree, according to all applicable requirements of this Decree and within the 

specified time schedules established by or approved under this Decree. Violation of an Emission 

86
 
Limit that is based on a 30-Day Rolling Average is a violation on every Day on which the 

average is based. Where a violation of a 30-Day Rolling Average Emission Limit (for the same 

pollutant and from the same source) recurs within periods of less than thirty (30) Days, the 

Lafarge Companies shall not pay a daily stipulated penalty for any Day of recurrence for which a 

stipulated penalty is already recoverable. A violation of an Emission Limit that is based on a 12-

Month Rolling Average is a violation each month on which the average is based. Where a 

violation of a 12-Month Rolling Average Emission Limit or 12-Month Rolling Tonnage Limit 

(for the same pollutant and from the same source) recurs within periods of less than twelve (12) 

months, the Lafarge Companies shall not pay a monthly stipulated penalty for any month of the 

recurrence for which a stipulated penalty is already recoverable. Stipulated penalties may only 

be assessed once for a given Day or month within any averaging period for violation of any 

particular Emission Limit or Tonnage Limit. Stipulated penalties for consecutive periods of 

violation of an Emission Limit or Tonnage Limit shall be calculated based upon the violation of 

the Emission Limit or Tonnage Limit for the same pollutant from the same Kiln (if a Kilnspecific limit) or Facility (if a Facility-specific limit). 

TABLE 1 

Consent Decree Violation Stipulated Penalty 

Failure to pay the civil penalty as specified in Section 

IV (Civil Penalty) of this Consent Decree. $7,500 for each Day 

Failure to Comply with a Facility-Wide 12-Month 

Rolling Average Tonnage Limit for NOx or SO2 

For each new calendar month on 

which the calculated Facility-Wide 

12-Month Rolling Tonnage emissions 

exceed the applicable Limit: $1,000 

per Ton for the first 100 Tons over 

the Limit, and $5,000 per Ton for 

each additional Ton over the Limit. 

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Consent Decree Violation Stipulated Penalty 

Failure to comply with a Facility-Wide 12-Month 

Rolling Average Emission Limit (including 

Demonstration Phase Limits) for NOx or SO2, where 

the emissions are less than 5% in excess of the limits 

set forth in this Consent Decree. 

$7,500 for each month during the 

initial 12 months, and $10,000 for 

each consecutive month thereafter of 

a violation of the Facility-Wide 

Rolling Average Emission Limit 

(including Demonstration Phase 

Limits), where the violation is less 

than 5% in excess of the Limit. 

Failure to comply with a Facility-Wide 12-Month 

Rolling Average Emission Limit (including 

Demonstration Phase Limits) for NOx or SO2, where 

the emissions are equal to or greater than 5% but less 

than 10% in excess of the limits set forth in this 

Consent Decree. 

$10,000 for each month during the 

initial 12 months, and $15,000 for 

each consecutive month thereafter of 

violation of the Facility-Wide Rolling 

Average Emission Limit (including 

Demonstration Phase Limits), where 

the violation is equal to or greater 

than 5% and less than 10% in excess 

of the Limit. 

Failure to comply with a Facility-Wide 12-Month 

Rolling Average Emission (including Demonstration 

Phase Limits) for NOx or SO2, where the emissions 

are equal to or greater than 10% in excess of the limits 

set forth in this Consent Decree. 

$20,000 for each month during the 

initial 12 months, and $32,500 for 

each consecutive month thereafter of 

violation of the Facility-Wide Rolling 

Average Emission Limit (including 

Demonstration Phase Limits), where 

the violation is equal to or greater 

than 10% in excess of the Limit. 

Failure to comply with a 30-Day Rolling Average $1,500 for each Day during any 30-

Emission Limit for NOx or SO2, where the emissions Day rolling period where the 

are less than 5% in excess of the limits set forth in this violation is less than 5% in excess of 

Consent Decree. the Limit. 

Failure to comply with a 30-Day Rolling Average 

Emission Limit for NOx or SO2, where the emissions 

are equal to or greater than 5% but less than 10% in 

excess of the limits set forth in this Consent Decree 

$3,000 for each Day during any 30-

Day rolling period where the 

violation is equal to or greater than 

5% but less than 10% in excess of the 

Limit. 

Failure to comply with a 30-Day Rolling Average $5,000 for each Day during any 30-

Emission Limit for NOx or SO2, where the emissions Day rolling period where equal to or 

are equal to or greater than 10% in excess of the limits greater than 10% in excess of the 

set forth in this Consent Decree Limit. 

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Consent Decree Violation Stipulated Penalty 

Failure to install or Commence Continuous Operation 

or Continuously Operate Control Technology at a Kiln 

$5,000 for each consecutiveDay 

during the first 20 Days, $10,000 for 

each consecutive Day for the next 40 

Days, and $32,500 for each 

consecutive Day thereafter 

Failure to install or Commence Continuous Operation 

or Continuously Operate Control Technology at a Kiln 

upon re-commencing operation of that Kiln following 

Temporary Cessation of Kiln Operation under Section 

VII of this Consent Decree 

$100,000 upon re-commencing Kiln 

Operation and $32,500 for each Day 

thereafter 

Failure to apply for any permit or permit amendment 

or seek a SIP approval required by Section X (Permits) 

$1,000 for each Day for each such 

failure 

Failure to install or operate a CEMS in conformance 

with the requirements of Section V.B. (NOx 

Continuous Emission Monitoring Systems) or Section 

VI.B (SO2 Continuous Emission Monitoring Systems), 

as applicable. 

$1,000 for each Day for each such 

failure 

Failure to timely submit, modify, or implement, as 

approved, a report, plan, study, analysis, protocol, or 

other submittal required by this Consent Decree 

$750 for each Day during the first 10 

Days, $1,000 per Day thereafter 

Any other violation of this Consent Decree $1,000 for each Day for each 

violation 

114. Subject to the provisions of Paragraph 113 above, stipulated penalties under this 

Section shall begin to accrue on the Day after performance is due or on the Day a violation 

occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily 

completed or until the violation ceases. Stipulated penalties shall accrue simultaneously for 

separate violations of this Consent Decree. The United States or Affected State(s), or all of the 

foregoing, may seek stipulated penalties under this Section. Where both the United States and 

the Affected State(s) seek stipulated penalties for the same violation of this Consent Decree, the 

Lafarge Companies shall pay 67% to the United States and 33% to the Affected State(s). 

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115. The Lafarge Companies shall pay any stipulated penalty within thirty (30) Days 

of receiving the United States’ and/or the Affected State(s’) written demand. 

116. The United States and the Affected State(s) may, in the unreviewable exercise of 

their collective or individual discretion, reduce or waive stipulated penalties otherwise due either 

the United States or the Affected State(s) under this Consent Decree. 

117. Stipulated penalties shall continue to accrue as provided in this Section, during 

any Dispute Resolution, but need not be paid until the following: 

a.	 If the dispute is resolved by agreement between the Parties or by a decision of the 

United States or the Affected State that is not appealed to the Court, the Lafarge 

Companies shall pay accrued penalties determined to be owing, together with 

interest accruing from the 31st Day after the written demand in Paragraph 115, 

within 30 Days of the effective date of the agreement or the receipt of U.S. EPA’s 

or the Affected State’s decision or order. 

b.	 If the dispute is appealed to the Court and the United States or the Affected State 

is the prevailing party, in whole or in part, as may be determined by the Court, the 

Lafarge Companies shall pay all accrued penalties determined by the Court to be 

owing, together with interest accruing from the 31st Day after the written demand 

in Paragraph 115, within 60 Days of receiving the Court’s decision or order, 

except as provided in Subparagraph c, below. 

c.	 If any Party appeals the District Court’s decision, the Lafarge Companies shall 

pay all accrued penalties determined to be owing, together with interest accruing 

from the 31st Day after the written demand in Paragraph 115, within 15 Days of 

receiving the final appellate court decision. 

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118. The Lafarge Companies shall pay stipulated penalties owing to the United States 

and an Affected State in the manner set forth and with the confirmation notices to the persons 

specified in Paragraphs 8 and 9, except that the transmittal letter shall state that the payment is 

for stipulated penalties and shall state for which violation(s) the penalties are being paid. The 

Lafarge Companies shall pay stipulated penalties owing to an Affected State in accordance with 

the instructions provided below: 

TABLE 2 

State Payment Instructions 

Alabama Corporate check made payable to “Alabama Department of Environmental 

Management” and mailed to: 

Alabama Department of Environmental Management 

P.O. Box 301463 

Montgomery, AL 36130-1463 

Kansas Check payable and mailed to: 

Kansas Department of Health and Environment 

Address: Kansas Department of Health and Environment 

1000 SW Jackson Street, Suite 310 

Topeka, Kansas 66612-1366 

Attn: Victor Cooper 

The memorandum portion of the check shall identify the case number. 

Illinois Certified check or money order payable to "Illinois EPA for deposit into the 

EPTF" and mailed to: 

Illinois Environmental Protection Agency 

Fiscal Services 

1021 North Grand Avenue East 

P. O. Box 19276 

Springfield, IL 62794-9276 

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State Payment Instructions 

Iowa Check payable to the "State of Iowa" and mailed to: 

David R. Sheridan 

Environmental Law Division 

Lucas State Office Bldg. 

321 E. 12th Street, Room 018 

Des Moines, IA 50319 

Michigan Check payable to the "State of Michigan" and mailed to: 

Michigan Department of Environmental Quality, Financial and Business 

Services Division, Revenue Control 

P.O. Box 30657 

Lansing, Michigan 48909-8157. 

To ensure proper credit, the civil penalty payment shall include the 

Agreement Identification No. AQD3303S on the face of the check. 

Missouri Certified check payable to the “State of Missouri (Jackson County 

Treasurer)” and mailed to: 

Jo Ann Horvath 

Office of the Attorney General 

P. O. Box 899 

Jefferson City, MO 65102-0899 

New York Check payable to “Department of Environmental Conservation” and mailed 

to: 

Attention: Elissa Armater, Office of General Counsel 

New York Department of Environmental Conservation 

625 Broadway 

Albany, New York 12233-5500, 

With a copy to: 

Robert Rosenthal, Assistant Attorney General 

Environmental Protection Bureau 

Office of the Attorney General 

The Capitol 

Albany, New York 12224 

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State Payment Instructions 

Ohio Certified check payable to the order of “Treasurer, State of Ohio,” mailed 

to: 

Martha Sexton, Paralegal, or her successor, Office of the Attorney General 

of Ohio, Environmental Enforcement Section, 

30 East Broad Street, 25th Floor 

Columbus, Ohio 43215 

A letter shall accompany the check briefly describing the type of violation, 

deadline, or requirement not met and the date upon which the violation of 

this Consent Decree occurred; the memorandum portion of the check, or 

some other prominent location on the transmittal letter or documentation, 

shall include a reference to “A.G. EAGO No. 354473.” 

Oklahoma Check payable and mailed to: 

Department of 

Environmental Resources Management 

Quality Accounts Receivable 

Financial and Human Department of Environmental Quality 

P.O. Box 2036 

Oklahoma City, OK 73101-2036 

Pennsylvania Corporate check payable to the “Commonwealth of Pennsylvania – Clean 

Air Fund” and mailed to: 

Air Quality Program Manager, PA Department of Environmental 

Protection, 

2 Public Square 

Wilkes-Barre, PA 18711 

Puget Sound Check payable and mailed to “Puget Sound Clean Air Agency”: 

Clean Air 

Agency Dennis McLerran 

Executive Director 

Puget Sound Clean Air Agency 

1904 3rd Ave, Suite 105 

Seattle WA USA 98101 

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State Payment Instructions 

South Check payable to: “SC Department of Health and Environmental Control” 

Carolina 

Department of R. Keith Frost, Director 

Health and Air Compliance Management Division 

Environmental Bureau of Air Quality 

Control SC Department of Health and Environmental Control 

2600 Bull Street 

Columbia, SC 29201 

Washington Check payable and mailed to: 

State 

Department of Department of Ecology 

Ecology Cashiering Unit 

P.O. Box 47611, 

Olympia, WA 98504-7611 

The Memorandum on the check should reference NR09002001 and 

“Lafarge Settlement.” 

119. The Lafarge Companies shall not deduct stipulated penalties paid under this 

Section in calculating their federal income tax. 

120. If the Lafarge Companies fail to pay stipulated penalties according to the terms of 

this Consent Decree, the Lafarge Companies shall be liable for interest on such penalties, as 

provided for in 28 U.S.C. § 1961, accruing as of the date payment became due. Nothing in this 

Paragraph shall be construed to limit the United States or any Affected State from securing any 

remedy otherwise provided by law for the Lafarge Companies’ failure to pay any stipulated 

penalties. 

121. Subject to the provisions of Section XVII of this Consent Decree (Effect of 

Settlement/Reservation of Rights), the stipulated penalties provided for in this Consent Decree 

shall be in addition to any other rights, remedies, or sanctions available to the United States or an 

Affected State for the Lafarge Companies’ violation of this Consent Decree or applicable law. 

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Where a violation of this Consent Decree is also a violation of any applicable statute or 

regulation, the Lafarge Companies shall be allowed a credit, dollar for dollar, for any stipulated 

penalties paid, against any statutory penalties imposed for such violation, including penalties 

resulting from enforcement pursuant to Paragraphs 146 and 147. 

XIV. FORCE MAJEURE 

122. “Force Majeure” (for purposes of this Consent Decree) is defined as any event 

arising from causes beyond the control of the Lafarge Companies, of any entity controlled by the 

Lafarge Companies, or of the Lafarge Companies’ Contractors, that causes a delay or 

impediment to performance in complying with any obligation under this Consent Decree despite 

the Lafarge Companies’ best efforts to fulfill the obligation. The requirement that the Lafarge 

Companies exercise best efforts to fulfill the obligation includes using best efforts to anticipate 

any potential Force Majeure event and best efforts to address the effects of any such event (a) as 

it is occurring and (b) after it has occurred to prevent or minimize any resulting delay to the 

greatest extent possible. Force Majeure does not include the Lafarge Companies’ financial 

inability to perform any obligation under this Consent Decree. 

123. If any event occurs or has occurred that may delay the performance of any 

obligation under this Consent Decree, and which Lafarge Companies contend qualifies as an 

event of Force Majeure, the Lafarge Companies shall provide notice orally or by electronic or 

facsimile transmission to the representatives of U.S. EPA and the Affected State(s) designated to 

receive notice pursuant to Section XIX (Notices) as soon as practicable but no later than seven (7) 

Business Days following the date the Lafarge Companies first knew, or in the exercise of due 

diligence should have known, that the claimed Force Majeure event might cause a delay and give 

rise to a claim of Force Majeure. The Lafarge Companies shall provide written notice of the 

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event as soon as practicable, but in no event later than 21 Business Days following the date when 

the Lafarge Companies first knew that the event might cause a delay. The written notice shall 

explain and describe the reasons for the delay; the anticipated duration of the delay; all actions 

taken or to be taken to prevent or minimize the delay; a schedule for implementation of any 

measures to be taken to prevent or mitigate the delay or the effect of the delay; and the Lafarge 

Companies’ rationale for attributing such delay to a Force Majeure event if it intends to assert 

such a claim. The Lafarge Companies shall include with any written notice all available 

documentation supporting the claim that the delay was attributable to a Force Majeure. The 

Lafarge Companies shall be deemed to know of any circumstance of which the Lafarge 

Companies, any entity controlled by the Lafarge Companies, or the Lafarge Companies 

Contractors knew or should have known. 

124. Failure by the Lafarge Companies to comply with the notice requirements of 

Paragraph 123 may render this Section voidable by U.S. EPA, after an opportunity for 

consultations with the Affected State, as to the specific event for which the Lafarge Companies 

have failed to comply with such notice requirement. If so voided, it shall be of no effect as to the 

particular event involved. 

125. If U.S. EPA and the Affected State agree that the delay or anticipated delay is 

attributable to a Force Majeure event, the appropriate Parties may reach agreement and stipulate 

in writing to an extension of the required deadline(s) for all requirement(s) affected by the Force 

Majeure event for a period equivalent to the delay actually caused by the Force Majeure event, or 

such other period as may be appropriate in light of the circumstances. If such stipulation results 

in a material change to the terms of the Consent Decree, the stipulation shall be filed as a 

modification to the Consent Decree pursuant to Section XXII (Modification). An extension of 

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the time for performance of the obligations affected by the Force Majeure event shall not, of 

itself, extend the time for performance of any other obligation. If the Parties do not reach 

agreement on the appropriate extension of any deadlines affected by a Force Majeure event, U.S. 

EPA and the Affected State will notify the Lafarge Companies in writing of the length of the 

extension, if any, for performance of the obligations affected by the Force Majeure event. The 

Lafarge Companies shall comply with the extended deadlines specified in the notice from U.S. 

EPA and the Affected State, subject to the provisions of Section XV (Dispute Resolution). 

126. If U.S. EPA and the Affected State do not agree that the delay or anticipated delay 

has been or will be caused by a Force Majeure event, U.S. EPA and the Affected State will 

notify the Lafarge Companies in writing of their decision. 

127. If the Lafarge Companies elect to invoke the formal dispute resolution procedures 

set forth in Section XV (Dispute Resolution), they shall do so no later than 45 Days after receipt 

of U.S. EPA’s and the Affected State’s notice pursuant to Paragraph 125 or Paragraph 126, 

whichever applies, and shall first comply with the provisions for Informal Dispute Resolution 

contained in Section XV before proceeding to Formal Dispute Resolution. In any such 

proceeding in accordance with Formal Dispute Resolution Procedures, the Lafarge Companies 

shall have the burden of demonstrating that the delay or anticipated delay has been or will be 

caused by a Force Majeure event, that the duration of the delay or the extension sought was or 

will be warranted under the circumstances, that best efforts were exercised to avoid and mitigate 

the effects of the delay, and that the Lafarge Companies complied with the requirements of 

Paragraph 123, above. If the Lafarge Companies carry this burden, the delay at issue shall be 

deemed not to be a violation by the Lafarge Companies of the affected obligation of this Consent 

Decree identified to U.S. EPA and the Court. 

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128. This Court shall not draw any inferences nor establish any presumptions adverse 

to any Party as a result of the Lafarge Companies delivering a notice of Force Majeure or the 

Parties’ inability to reach agreement. 

XV. DISPUTE RESOLUTION 

129. Unless otherwise expressly provided for in this Consent Decree, the dispute 

resolution procedures of this Section shall be the exclusive mechanism to resolve disputes arising 

under or with respect to this Consent Decree. The Lafarge Companies’ failure to seek resolution 

of a dispute under this Section shall preclude the Lafarge Companies from raising any such issue 

as a defense to an action by the United States or the Affected State(s) to enforce any obligation 

of the Lafarge Companies arising under this Decree. 

130. Informal Dispute Resolution. Any dispute subject to Dispute Resolution under 

this Consent Decree shall first be the subject of informal negotiations. The dispute shall be 

considered to have arisen when the Lafarge Companies sends the United States and the Affected 

State(s) a written Notice of Dispute. Such Notice of Dispute shall state clearly the matter in 

dispute. The period of informal negotiations shall not exceed 20 Days from the date the dispute 

arises, unless that period is modified by written agreement. If the Parties cannot resolve a 

dispute by informal negotiations, then the position advanced by the United States and the 

Affected State(s) shall be considered binding unless, within 20 Days after the conclusion of the 

informal negotiation period, the Lafarge Companies invoke formal dispute resolution procedures 

as set forth below. 

131. Formal Dispute Resolution. The Lafarge Companies shall invoke formal dispute 

resolution procedures, within the time period provided in the preceding Paragraph, by serving on 

the United States and Affected State(s) a written Statement of Position regarding the matter in 

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dispute. The Statement of Position shall include, but may not necessarily be limited to, any 

factual data, analysis, or opinion supporting the Lafarge Companies’ position and any supporting 

documentation relied upon by the Lafarge Companies. 

132. The United States and the Affected State(s) shall serve their Statement of Position 

within 45 Days of receipt of the Lafarge Companies’ Statement of Position. The United States’ 

and the Affected State(s)’ Statement of Position shall include, but may not necessarily be limited 

to, any factual data, analysis, or opinion supporting that position and any supporting 

documentation relied upon by the United States and the Affected State(s). The Statement of 

Position of the United States and Affected State(s) shall be binding on the Lafarge Companies, 

unless the Lafarge Companies file a motion for judicial review of the dispute in accordance with 

the following Paragraph. 

133. The Lafarge Companies may seek judicial review of the dispute by filing with the 

Court and serving on the United States and the Affected State(s), in accordance with Section 

XIX of this Consent Decree (Notices), a motion requesting judicial resolution of the dispute. 

The motion shall contain a written statement of the Lafarge Companies’ position on the matter in 

dispute, including any supporting factual data, analysis, opinion, or documentation, and shall set 

forth the relief requested and any schedule within which the dispute must be resolved for orderly 

implementation of the Consent Decree. 

134. The United States and the Affected State(s) shall respond to the Lafarge 

Companies’ motion within the time period allowed by the Local Rules of this Court. The 

Lafarge Companies may file a reply memorandum, to the extent permitted by the Local Rules. 

135. Standard of Review. Except as otherwise provided in this Consent Decree, the 

Court shall decide all disputes pursuant to applicable principles of law. The disputing Parties 

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shall state their respective positions as to the applicable standard of law for resolving the 

particular dispute in the Parties’ initial filings with the Court under Paragraphs 133 and 134. 

Except as otherwise provided in this Consent Decree, in any dispute brought under this Section 

XV (Dispute Resolution), the Lafarge Companies shall bear the burden of demonstrating that 

their position complies with this Consent Decree. 

136. The invocation of dispute resolution procedures under this Section shall not, by 

itself, extend, postpone, or affect in any way any obligation of the Lafarge Companies under this 

Consent Decree, unless and until final resolution of the dispute so provides. Stipulated penalties 

with respect to the disputed matter shall continue to accrue from the first Day of noncompliance, 

but payment shall be stayed pending resolution of the dispute and in accordance with any 

extension or modification of the schedule for completion of work as provided in Paragraph 125. 

If the Lafarge Companies do not prevail on the disputed issue, stipulated penalties shall be 

assessed and paid as provided in Section XIII (Stipulated Penalties). 

137. This Court shall not draw any inferences nor establish any presumptions adverse 

to any disputing Party as a result of invocation of this Section or the disputing Parties’ inability 

to reach agreement. 

138. As part of the resolution of any dispute under this Section, in appropriate 

circumstances the disputing Parties may agree, or this Court may order, an extension or 

modification of the schedule for the completion of the work required under this Consent Decree. 

XVI. INFORMATION COLLECTION AND RETENTION 

139. The United States, the Affected States and their representatives, including 

attorneys, Contractors, and consultants, shall have the right of entry into any Facility covered by 

this Consent Decree, at all reasonable times, upon presentation of credentials, to: 

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a.	 monitor the progress of activities required under this Consent Decree; 

b.	 verify any data or information submitted to the United States or the Affected 

State(s) in accordance with the terms of this Consent Decree; 

c.	 obtain samples and, upon request, splits of any samples taken by the Lafarge 

Companies or its representatives, Contractors, or consultants; 

d.	 obtain copies of any documents, including photographs and similar data, relating 

to activities required under this Consent Decree; and 

e.	 assess the Lafarge Companies’ compliance with this Consent Decree. 

140. Until five years after the termination of this Consent Decree, the Lafarge 

Companies shall retain in electronic form, and shall instruct its Contractors and agents to 

preserve in electronic form, all non-identical copies of all documents and records in their or their 

Contractors’ or agents’ possession or control, or that come into their or their Contractors’ or 

agents’ possession or control, and that relate in any manner to the Lafarge Companies’ 

performance of their obligations under this Consent Decree. This information-retention 

requirement shall apply regardless of any contrary corporate or institutional policies or 

procedures. At any time during this information-retention period, upon request by the United 

States or the Affected State(s), the Lafarge Companies shall provide copies of any documents, 

records, or other information required to be maintained under this Paragraph. 

141. Upon request, the Lafarge Companies shall provide U.S. EPA and the Affected 

State or their authorized representative with splits of any samples taken by the Lafarge 

Companies. Upon request, U.S. EPA and the Affected State shall provide the Lafarge 

Companies with splits of samples taken by U.S. EPA or the Affected State. 

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142. At the conclusion of the information-retention period provided in Paragraph 140, 

the Lafarge Companies shall notify the United States and the Affected States at least 90 Days 

prior to the destruction of any documents, records, or other information subject to the requirements of Paragraph 140 and, upon request by the United States or the Affected States, the 

Lafarge Companies shall deliver any such documents, records, or other information to U.S. EPA 

or the Affected States. The Lafarge Companies may assert that certain documents, records, or 

other information are privileged under the attorney-client privilege or any other privilege 

recognized by federal law. If the Lafarge Companies assert such a privilege, they shall provide 

the following: (1) the title of the document, record, or information; (2) the date of the document, 

record, or information; (3) the name and title of each author of the document, record, or 

information; (4) the name and title of each addressee and recipient; (5) a description of the 

subject of the document, record, or information; and (6) the privilege asserted by the Lafarge 

Companies. However, no documents, records, or other information created or generated 

pursuant to the requirements of this Consent Decree shall be withheld on grounds of privilege. 

143. The Lafarge Companies may assert that information required to be provided 

under this Section is protected as Confidential Business Information (“CBI”) under 40 C.F.R. 

Part 2 and any applicable states laws. As to any information that the Lafarge Companies seek to 

protect as CBI, the Lafarge Companies shall follow the procedures set forth in 40 C.F.R. Part 2 

and any applicable State laws. 

144. This Consent Decree in no way limits or affects any right of entry and inspection, 

or any right to obtain information, held by the United States or the Affected State(s) pursuant to 

applicable federal or State laws, regulations, or permits, nor does it limit or affect any duty or 

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obligation of the Lafarge Companies to maintain documents, records, or other information 

imposed by applicable federal or State laws, regulations, or permits. 

XVII. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS 

145. Liability Resolution. With respect to the emissions of NOx and SO2 from the 

Kilns identified in Paragraph 7.z (except for Joppa Kiln 3), entry of this Consent Decree shall 

resolve all civil liability of the Lafarge Companies to the United States and the Affected States 

for violations of the following requirements resulting from or arising out of a construction or 

modification that commenced prior to the Date of Lodging of the Consent Decree: 

a.	 The PSD requirements at Part C of Subchapter I of the Act, 42 U.S.C. § 7475, and 

the regulations promulgated thereunder at 40 C.F.R. §§ 52.21 and 51.166; “Plan 

Requirements for Non-attainment Areas” at Part D of Subchapter I of the Act, 42 

U.S.C. §7503 and the regulations promulgated thereunder at 40 C.F.R. §§ 

51.165(a) and (b), 40 C.F.R. Part 51 (Appendix S), and 40 C.F.R. § 52.24; any 

applicable federally-enforceable State, regional, or local regulations that 

implement, adopt, or incorporate the specific federal regulatory requirements 

identified above; and, any applicable State, regional, or local regulations that 

implement, adopt, or incorporate the specific federal regulatory requirements 

identified above. 

b.	 Title V of the Clean Air Act, 42 U.S.C. §§ 7661-7661f; any applicable federallyenforceable State, regional, or local regulations that implement, adopt, or 

incorporate the specific federal regulatory requirements of Title V; and, any 

applicable State, regional, or local regulations that implement, adopt, or 

incorporate the specific federal regulatory requirements of Title V, but only to the 

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extent that such claims are based on the Lafarge Companies’ failure to obtain an 

operating permit that reflects applicable requirements imposed under Parts C or D 

of Subchapter I of the Clean Air Act as a result of construction or modification of 

the Kilns identified in Paragraph 7.z. (except for Joppa Kiln 3) that commenced 

prior to the Date of Lodging. 

146. Notwithstanding the resolution of liability in Paragraph 145 nothing in this 

Consent Decree precludes the United States and/or the Affected States from seeking from the 

Lafarge Companies injunctive relief, penalties, or other appropriate relief for violations by the 

Lafarge Companies of the regulatory requirements identified in Paragraph 145 resulting from (1) 

construction or modification that commenced prior to the Date of Lodging of the Consent Decree, 

if the resulting violations do not relate to the Kilns (other than Joppa Kiln 3) or do not relate to 

NOx or SO2; or (2) any construction or modification that commences after the Date of Lodging 

of the Consent Decree. 

147. The United States and the Affected States reserve all legal and equitable remedies 

available to enforce the provisions of this Consent Decree. This Consent Decree shall not be 

construed to limit the rights of the United States or the Affected States to obtain penalties or 

injunctive relief under the Act or implementing regulations, or under other federal or State laws, 

regulations, or permit conditions, except as expressly specified in Paragraph 145. The United 

States and the Affected States further reserve all legal and equitable remedies to address any 

imminent and substantial endangerment to the public health or welfare or the environment 

arising at, or posed by, one or more of the Lafarge Companies’ Facilities, whether related to the 

violations addressed in this Consent Decree or otherwise. 

104
 
148. In any subsequent administrative or judicial proceeding initiated by the United 

States or the Affected States for injunctive relief, civil penalties, other appropriate relief relating 

to the Facilities or the Lafarge Companies’ violations, the Lafarge Companies shall not assert, 

and may not maintain, any defense or claim based upon the principles of waiver, res judicata, 

collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based 

upon any contention that the claims raised by the United States or an Affected State in the 

subsequent proceeding were or should have been brought in the instant case, except with respect 

to claims that have been specifically resolved pursuant to Paragraph 145 of this Section. 

149. This Consent Decree is not a permit, or a modification of any permit, under any 

federal, State, or local laws or regulations. The Lafarge Companies are responsible for achieving 

and maintaining complete compliance with all applicable federal, State, and local laws, 

regulations, and permits; and the Lafarge Companies’ compliance with this Consent Decree shall 

be no defense to any action commenced pursuant to any such laws, regulations, or permits, 

except as set forth herein. The United States and the Affected States do not, by their consent to 

the entry of this Consent Decree, warrant or aver in any manner that the Lafarge Companies’ 

compliance with any aspect of this Consent Decree will result in compliance with provisions of 

the Act, 42 U.S.C. U.S.C. § 7401 et seq., or with any other provisions of federal, State, or local 

laws, regulations, or permits. 

150. This Consent Decree does not limit or affect the rights of the Lafarge Companies 

or of the United States or the Affected States against any third parties, not party to this Consent 

Decree, nor does it limit the rights of third parties, not party to this Consent Decree, against the 

Lafarge Companies, except as otherwise provided by law. 

105
 
 

151. This Consent Decree shall not be construed to create rights in, or grant any cause 

of action to, any third party not party to this Consent Decree. 

XVIII. COSTS 

152. The Parties shall bear their own costs of this action, including attorneys’ fees, 

except that the United States and any Affected State shall be entitled to collect the costs 

(including attorneys’ fees) incurred in any action necessary to collect any portion of the civil 

penalty or any stipulated penalties due but not paid by the Lafarge Companies. 

XIX. NOTICES 

153. Unless otherwise specified herein, whenever notifications, submissions, or 

communications are required by this Consent Decree, they shall be made in writing and 

addressed as follows: 

To U.S. EPA: 

Pamela Mazakas 

U.S. Environmental Protection Agency 

MC 2242A 

1200 Pennsylvania Ave. NW 

Washington, D.C. 20460 

And 

For all submissions referring to the Ravena Facility: 

Dore Laposta 

U.S. EPA Region II 

290 Broadway 

New York, New York 10007-1866 

For all submissions referring to the Whitehall Facility: 

Judy Katz 

U.S. EPA Region III 

1650 Arch Street (3PM52) 

Philadelphia, PA 19103-2029 

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For all submissions referring to the Atlanta, Roberta, and Harleyville Facilities: 

Beverly Spagg 

U.S. EPA Region IV
 

Sam Nunn Atlanta Federal Center 

61 Forsyth Street, SW
 

Atlanta, GA 30303-8960 

For all submissions referring to the Joppa, Paulding, and Alpena Facilities: 

George Czerniak 

U.S. EPA Region V 

77 W. Jackson Blvd. 

Chicago, IL 60604 

For all submissions referring to the Tulsa Facility: 

David Garcia 

U.S. EPA Region VI 

1445 Ross Avenue 

Suite 1200 

Dallas, Texas 75202 

For all submissions referring to the Davenport, Sugar Creek, and Fredonia Facilities: 

Rebecca Weber 

U.S. EPA Region VII 

901 N. 5th Street 

Kansas City, KS 66101 

For all submissions referring to the Seattle Facility: 

John Keenan 

U.S. EPA Region X 

1200 Sixth Avenue Suite 900 

Seattle, WA 98101 

To the United States (in addition to the U.S. EPA addresses above): 

Chief, Environmental Enforcement Section 

Environment and Natural Resources Division 

U.S. Department of Justice 

Box 7611 Ben Franklin Station 

Washington, D.C. 20044-7611 

Re: DOJ No. 90-5-2-1-08221 

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For all submissions referring to the Roberta Facility, to the State of Alabama: 

Ronald W. Gore, Chief 

Air Division 

Alabama Department of Environmental Management 

P.O. Box 301463 

Montgomery, AL 36130-1464 

For all submissions referring to the Ravena Facility, to the State of New York: 

Gene Kelly, Regional Director 

NYSDEC Region 4 Headquarters 

1130 North Westcott Road 

Schenectady, NY 12306-2014 

For all submissions referring to the Whitehall Facility, to the State of Pennsylvania: 

Mark Wejkszner 

Air Quality Program Manager – Northeast Regional Office 

Pennsylvania Department of Environmental Protection 

2 Public Square 

Wilkes-Barre, PA 18711-0790 

For all submissions referring to the Paulding Facility, to the State of Ohio: 

Tom Kalman, or his successor 

Air Quality Engineer 

Ohio Environmental Protection Agency 

Division of Air Pollution Control 

50 West Town Street, Suite 700 

Columbus, Ohio 43215 

Don Waltermeyer, or his successor 

Environmental Supervisor 

Ohio Environmental Protection Agency 

Northwest District Office 

347 North Dunbridge Road 

Bowling Green, Ohio 43402 

Robert Kenneth James, or his successor 

Assistant Attorney General 

Office of the Attorney General of Ohio 

Environmental Enforcement Section 

30 East Broad Street, 25th Floor 

Columbus, Ohio 43215 

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For all submissions referring to the Alpena Facility, to the State of Michigan: 

Thomas Hess 

Enforcement Unit Chief 

Michigan Department of Environmental Quality 

Air Quality Division 

P.O. Box 30260 

Lansing, Michigan 48909-7760 

For all submissions referring to the Harleyville Facility, to the South Carolina Department of 

Health and Environmental Control: 

Myra C. Reece, Chief 

Bureau of Air Quality Control 

South Carolina Department of Health and Environmental Control 

2600 Bull Street 

Columbia, SC 29201 

For all submissions referring to the Joppa Facility, to the State of Illinois: 

Raymond Pilapil, Section Manager 

Compliance and Systems Management Section 

Illinois Environmental Protection Agency 

1021 North Grand Avenue 

Springfield, Illinois 62702 

For all submissions referring to the Davenport Facility, to the State of Iowa: 

Brian Hutchins, Chief 

Air Compliance and Monitoring Section 

Iowa Department of Natural Resources 

Air Quality Bureau 

7900 Hickman Road, Suite 1 

Urbandale, IA 50322 

For all submissions referring to the Sugar Creek Facility, to the State of Missouri: 

Steve Feeler, Chief 

Compliance/Enforcement Section 

Missouri Department of Natural Resources 

P.O. Box 176 

Jefferson City, MO 65102 

For all submissions referring to the Fredonia Facility, to the State of Kansas: 

Victor Cooper, Chief 

Air Compliance and Enforcement Section 

Kansas Department of Health and Environment 

1000 SW Jackson, Suite 310 

Topeka, Kansas 66612-1366 

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For all submissions referring to the Tulsa Facility, to the Oklahoma Department of 

Environmental Quality: 

Mr. Eddie Terrill 

Director 

Air Quality Division 

Oklahoma Department of Environmental Quality 

P.O. Box 1677 

Oklahoma City, OK 73101-1677 

For all submissions referring to the Seattle Facility, to the Washington State Department of 

Ecology: 

Stuart Clark 

Air Quality Manager 

Washington State Department of Ecology 

PO Box 47600 

Olympia, WA 98504-7600 

For all submissions referring to the Seattle Facility, to the Puget Sound Clean Air Agency: 

Jim Nolan 

Puget Sound Clean Air Agency 

1904 Third Avenue - Suite 105 

Seattle, WA 98101 

To the Lafarge Companies: 

General Counsel, Peter L. Keeley (or Successor) 

Lafarge North America Inc. 

12950 Worldgate Dr., Ste. 500 

Herndon, VA 20170 

Vice President of Environment and Government Affairs, Craig S. Campbell (or Successor) 

Lafarge North America Inc. – Cement Division 

12950 Worldgate Dr., Ste. 500 

Herndon, VA 20170 

Steven C. Kohl, Esq. 

Warner Norcross & Judd LLP 

2000 Town Center, Suite 2700 

Southfield, MI 48075-1318 

154. Any Party may, by written notice to the other Parties, change its designated notice 

recipient or notice address provided above. 

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155. Notices submitted pursuant to this Section shall be deemed submitted upon 

mailing, unless otherwise provided in this Consent Decree or by mutual agreement of the Parties 

in writing. 

XX. EFFECTIVE DATE 

156. The Effective Date of this Consent Decree shall be the date upon which this 

Consent Decree is entered by the Court or a motion to enter the Consent Decree is granted, 

whichever occurs first. 

XXI. RETENTION OF JURISDICTION 

157. The Court shall retain jurisdiction over this case until termination of this Consent 

Decree, for the purpose of resolving disputes arising under this Decree or entering orders 

modifying this Decree, pursuant to Sections XV (Dispute Resolution) and XXII (Modification), 

or effectuating or enforcing compliance with the terms of this Decree. 

XXII. MODIFICATION 

158. The terms of this Consent Decree, including the Appendix, may be modified only 

by a subsequent written agreement signed by any Affected State(s), the United States, and the 

Lafarge Companies, except as provided in Paragraph 159. Where the modification constitutes a 

material change to this Decree, it shall be effective only upon approval by the Court. If the 

Effective Date of this Consent Decree is after January 1, 2010, the Parties will negotiate in good 

faith an extension of up to one year for any Dates of Commencement of Continuous Operation 

under Section V (NOx Control Technology, Emission Limits, Tonnage Limits, and Monitoring 

Requirements) or VI (SO2 Control Technology, Emission Limits, Tonnage Limits, and 

Monitoring Requirements) falling between July 1, 2010 and July 1, 2011. Such agreement, if 

111
 
reached by the Parties, shall be in writing and shall be submitted by the Parties on joint motion to 

the Court as a modification of this Consent Decree. 

159. Any disputes concerning modification of this Decree shall be resolved pursuant to 

Section XV of this Decree (Dispute Resolution), provided, however, that, instead of the burden 

of proof provided by Paragraph 135, the Party seeking the modification bears the burden of 

demonstrating that it is entitled to the requested modification in accordance with Federal Rule of 

Civil Procedure 60(b). 

XXIII. TERMINATION 

160. Termination as to an Individual Facility. After the Lafarge Companies have 

satisfied the requirements of Sections V (NOx Control Technology, Emission Limits, Tonnage 

Limits, and Monitoring Requirements), VI (SO2 Control Technology, Emission Limits, Tonnage 

Limits, and Monitoring Requirements), VII (Temporary Cessation of Kiln Operation), VIII 

(Election to Retire and Replace Kilns), IX (Prohibition on Netting Credits or Offsets from 

Required Controls) and X (Permits) of this Decree and have maintained operation of any Control 

Technology as required by this Consent Decree for a period of three years at an individual 

Facility, the Lafarge Companies may serve upon the United States and the Affected State a 

Request for Termination, stating that the Lafarge Companies have satisfied those requirements, 

together with all necessary supporting documentation. If the United States and the Affected 

State agree that the Decree as it relates to an individual Facility may be terminated, the Parties 

shall submit, for the Court’s approval, a joint stipulation terminating those provisions of the 

Decree. 

161. Complete Termination. After the Lafarge Companies have satisfied the 

requirements of Sections V (NOx Control Technology, Emission Limits, Tonnage Limits, and 

112
 
Monitoring Requirements), VI (SO2 Control Technology, Emission Limits, Tonnage Limits, and 

Monitoring Requirements), VII (Temporary Cessation of Kiln Operation), VIII (Election to 

Retire and Replace Kilns), IX (Prohibition on Netting Credits or Offsets from Required Controls) 

and X (Permits) of this Decree and have maintained operation of all Control Technology as 

required by this Consent Decree for a period of three years at all Facilities, have complied with 

all other requirements of this Consent Decree, and have paid the civil penalty and any accrued 

stipulated penalties as required by this Consent Decree, the Lafarge Companies may serve upon 

the United States and the Affected States a Request for Termination, stating that the Lafarge 

Companies have satisfied those requirements, together with all necessary supporting 

documentation. If the United States and the Affected State(s) agree that the Decree may be 

terminated, the Parties shall submit, for the Court’s approval, a joint stipulation terminating the 

Decree. 

162. If the United States and the Affected State(s) do not agree that the Decree as a 

whole or as it relates to an individual Facility may be terminated, the Lafarge Companies may 

invoke Dispute Resolution under Section XV of this Decree. However, the Lafarge Companies 

shall not seek Dispute Resolution of any dispute regarding termination under Section XV of this 

Consent Decree until sixty (60) Days after service of its Request for Termination. 

XXIV. PUBLIC PARTICIPATION 

163. This Consent Decree shall be lodged with the Court for a period of not less than 

30 Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United States 

reserves the right to withdraw or withhold its consent if the comments regarding the Consent 

Decree disclose facts or considerations indicating that the Consent Decree is inappropriate, 

improper, or inadequate. The Lafarge Companies consent to entry of this Consent Decree 

113
 
without further notice and agree not to withdraw from or oppose entry of this Consent Decree by 

the Court or to challenge any provision of the Decree, unless the United States has notified the 

Lafarge Companies in writing that it no longer supports entry of the Decree. 

XXV. SIGNATORIES/SERVICE 

164. The Assistant Attorney General or Acting Assistant Attorney General for the 

Environment and Natural Resources Division of the Department of Justice and each undersigned 

representative of the Lafarge Companies and the State Plaintiffs certifies that he or she is fully 

authorized to enter into the terms and conditions of this Consent Decree and to execute and 

legally bind the Party he or she represents to this document. 

165. This Consent Decree may be signed in counterparts, and its validity shall not be 

challenged on that basis. The Lafarge Companies agree to accept service of process by mail with 

respect to all matters arising under or relating to this Consent Decree and to waive the formal 

service requirements set forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any 

applicable Local Rules of this Court including, but not limited to, service of a summons. The 

Lafarge Companies shall identify, on the attached signature page, the name, address and 

telephone number of an agent who is authorized to accept service of process by mail on behalf of 

the Lafarge Companies with respect to all matters arising under or relating to this Consent 

Decree. All Parties agree that the Lafarge Companies need not file an answer or otherwise 

respond to the Complaint and Complaint in Intervention in this action unless or until the Court 

expressly declines to enter this Consent Decree. 

XXVI. INTEGRATION 

166. This Consent Decree constitutes the final, complete, and exclusive agreement and 

understanding among the Parties with respect to the settlement embodied in the Decree and 

114
 
 

 

supersedes all prior agreements and understandings, whether oral or written, concerning the 

settlement embodied herein. No other document, nor any representation, inducement, agreement, 

understanding or promise constitutes any part of this Decree or the settlement it represents, nor 

shall it be used in construing the terms of this Decree. 

XXVII. FINAL JUDGMENT 

167. Upon approval and entry of this Consent Decree by the Court, this Consent 

Decree shall constitute a final judgment of the Court as to the United States, the State of 

Alabama, the State of Illinois, the State of Iowa, the State of Kansas, the State of Michigan, the 

State of Missouri, the State of New York, the State of Ohio, the State of Pennsylvania, South 

Carolina Department of Health and Environmental Control, the Washington State Department of 

Ecology, the Oklahoma Department of Environmental Quality, the Puget Sound Clean Air 

Agency, and the Lafarge Companies. The Court finds that there is no just reason for delay and 

therefore enters this judgment as a final judgment under Fed. R. Civ. P. 54 and 58. 

XXVIII. APPENDIX 

168. The following Appendix is attached to and incorporated as part of this Consent 

Decree: 

"Appendix" contains the Technology Demonstration Requirements that apply to each 

Kiln under this Decree subject to those requirements. All terms in the Appendix shall be 

construed in a manner consistent with this Decree. 

Dated and entered this ___ ___Day of _________, ____________. 

_______________________________________ 

 UNITED STATES DISTRICT COURT JUDGE 

 Southern District of Illinois 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR PLAINTIFF UNITED STATES OF AMERICA:

 _____________________________ Date: ____________________ 

 JOHN C. CRUDEN 

Acting Assistant Attorney General 

Environment and Natural Resources 

Division 

United States Department of Justice 

_____________________________ Date: ______________________ 

 PAMELA R. LEE 

Trial Attorney 

Environmental Enforcement Section 

Environment and Natural Resources Division 

United States Department of Justice 

P.O. Box 7611 

Washington, D.C. 20044-7611 

(202) 305-2775 (Tel.) 

(202) 616-6584 (Fax) 

 pamela.r.lee@usdoj.gov 

__________________________ Date: ______________________ 

ANDREW C. HANSON 

 Trial Attorney 

Environmental Enforcement Section 

Environment and Natural Resources Division 

United States Department of Justice 

P.O. Box 7611 

Washington, D.C. 20044-7611 

(202) 514-9859 (Tel.) 

(202) 616-6584 (Fax) 

andrew.hanson2@usdoj.gov 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR PLAINTIFF UNITED STATES OF AMERICA: 

A. COURTNEY COX 

United States Attorney
 

______________________________ Date: _________________________ 

J. CHRISTOPHER MOORE
 

Assistant United States Attorney
 

Nine Executive Drive 

Fairview Heights, Illinois 62208-1344 

(618) 628-3700 (Tel.) 

(618) 628-3730 (Fax) 

Chris.Moore@usdoj.gov 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: 

_________________________ Date: ____________________ 

CYNTHIA GILES 

Assistant Administrator 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

_________________________ Date: ____________________ 

PAMELA MAZAKAS 

Director, Air Enforcement Division 

Office of Enforcement and Compliance Assurance 

United States Environmental Protection Agency 

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Signature Page for United States of America et al. v. Lafarge North America, Inc. et al. Consent 

Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: 

_________________________ Date: _______________ 

GEORGE PAVLOU 

Acting Regional Administrator 

U.S. Environmental 

Protection Agency 

Region 2 

_________________________ Date: _______________ 

EDWARD ZIEGLER 

Attorney-Adviser 

U.S. Environmental 

Protection Agency 

Region 2 

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Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: 

_________________________ Date: _______________ 

MARY J. WILKES 

Regional Counsel 

U.S. Environmental 

Protection Agency 

Region 4 

_________________________ Date: _______________ 

ELLEN A. ROUCH 

Attorney-Adviser 

U.S. Environmental 

Protection Agency 

Region 4 

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Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: 

_________________________ Date: _______________ 

BHARAT MATHUR 

Acting Regional Administrator 

U.S. Environmental 

Protection Agency 

Region 5 

_________________________ Date: _______________ 

ROBERT A. KAPLAN 

Regional Counsel 

United State Environmental 

Protection Agency 

Region 5 

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Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: 

_________________________ Date: _______________ 

LAWRENCE STARFIELD 

Acting Regional Administrator 

United States Environmental 

Protection Agency 

Region 6 

_________________________ Date: _______________ 

SUZANNE B. MURRAY 

Regional Counsel 

United State Environmental 

Protection Agency 

Region 6 

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Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY: 

_________________________ Date: _______________ 

WILLIAM W. RICE 

Acting Regional Administrator 

United States Environmental 

Protection Agency 

Region 7 

_________________________ Date: _______________ 

DAVID COZAD 

Regional Counsel 

United States Environmental 

Protection Agency 

Region 7 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE STATE OF ALABAMA: 

TROY R. KING 

Attorney General 

___________________________ Date: ____________________ 

ROBERT D. TAMBLING 

Assistant Attorney General 

500 Dexter Avenue 

Montgomery, Alabama 36130 

FOR THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT: 

___________________________ Date: ____________________ 

S. SHAWN SIBLEY 

Associate General Counsel 

Alabama Department of Environmental Management 

Post Office Box 301463 

Montgomery, Alabama 36130-1463 

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Decree 

FOR THE PLAINTIFF- INTERVENOR; THE STATE OF ILLINOIS: 

FOR THE STATE OF ILLINOIS 

PEOPLE OF THE STATE OF ILLINOIS ex rel.
 

LISA MADIGAN 

Attorney General of the State of Illinois
 

MATTHEW J. DUNN, Chief 

Environmental Enforcement Division/Asbestos 

Litigation Division
 

__________________________________ Date: ____________________ 

THOMAS DAVIS, Chief 

Environmental Bureau 

Assistant Attorney General 

FOR THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY:
 

DOUGLAS P. SCOTT, DIRECTOR
 

__________________________________ Date: ____________________ 

JOHN J. KIM 

Chief Legal Counsel 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE STATE OF IOWA: 

_________________________ Date: ____________________ 

DAVID R. SHERIDAN 

Assistant Attorney General 

Environmental Law Division 

Lucas State Office Building 

321 E. 12th Street, Room 018 

Des Moines, IA 50319 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE STATE OF KANSAS: 

_________________________ Date: ____________________ 

RODERICK L. BREMBY 

Secretary 

Kansas Department of Health and Environment 

1000 SW Jackson, Room 560 

Topeka, KS 66611 

_________________________ Date: ____________________ 

YVONNE ANDERSON 

Chief Legal Counsel 

Kansas Department of Health and Environment 

1000 SW Jackson, Room 560 

Topeka, KS 66611 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE STATE OF MICHIGAN: 

_________________________ Date: ____________________ 

NEIL D. GORDON 

Michigan Department of Attorney General 

Environment, Natural Resources and Agriculture Division 

P.O. Box 30755 

Lansing, MI 48909 

__________________________ Date: ____________________ 

G. VINSON HELLWIG 

Chief, Air Quality Division 

Michigan Department of Environmental Quality 

P.O. Box 30260 

Lansing, MI 48909-7760 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE STATE OF MISSOURI: 

CHRIS KOSTER 

ATTORNEY GENERAL OF MISSOURI 

Date: ____________________ 

TIMOTHY P. DUGGAN 

Assistant Attorney General 

Environmental Protection Division 

Broadway State Office Building, 8th Floor 

221 W. High Street 

P.O. Box 899 

Jefferson City, MO 65102-0899 

Date: ____________________ 

DANIEL R. SCHUETTE 

Director 

Division of Environmental Quality 

Missouri Department of Natural Resources 

1101 Riverside Drive 

P.O. Box 176 

Jefferson City, Missouri 65102-0176 

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Decree 

FOR THE STATE OF NEW YORK 

ANDREW M. CUOMO 

ATTORNEY GENERAL OF THE STATE OF NEW YORK 

_________________________ Date: ____________________ 

By: ROBERT ROSENTHAL 

Assistant Attorney General 

Environmental Protection Bureau 

The Capitol 

Albany, New York 12224 

_________________________ Date: ____________________ 

ALEXANDER B. GRANNIS 

Commissioner 

New York State Department of 

Environmental Conservation 

625 Broadway 

Albany, New York 12233-5500 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE STATE OF OHIO: 

NANCY H. ROGERS 

ATTORNEY GENERAL OF OHIO 

_________________________ Date: ____________________ 

ROBERT KENNETH JAMES 

Assistant Attorney General 

Office of the Ohio Attorney General 

Environmental Enforcement Section 

Public Protection Division 

30 East Broad Street, 25th Floor 

Columbus, Ohio 43215 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY 

_________________________ Date: ____________________ 

SARAH E. PENN 

Environmental Attorney 

Oklahoma Department of Environmental Quality 

707 N. Robinson 

Oklahoma, OK 73101-1577 

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Decree 

FOR COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL 

PROTECTION: 

_________________________ Date: ____________________ 

MICHAEL D. BEDRIN 

Pennsylvania Department of Environmental Protection 

Regional Director - Northeast Regional Office 

2 Public Square 

Wilkes-Barre, PA 18711-0790 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE PUGET SOUND CLEAN AIR AGENCY: 

_________________________ Date: ____________________ 

LAURIE HALVORSON 

General Counsel 

Puget Sound Clean Air Agency 

1904 Third Avenue, Suite 105 

Seattle, WA 98101 

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 Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL 

CONTROL: 

_________________________ Date: ____________________ 

ROBERT W. KING, JR., P.E. 

Deputy Commissioner 

Environmental Quality Control 

South Carolina Department of Health and Environmental Control 

2600 Bull Street 

Columbia, SC 29201 

_________________________ Date: ____________________ 

SARA P. BAZEMORE 

Staff Counsel 

Office Of General Counsel 

South Carolina Department of Health and Environmental Control 

2600 Bull Street 

Columbia, SC 29201 

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Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR THE WASHINGTON STATE DEPARTMENT OF ECOLOGY:
 

_________________________ Date: ____________________ 

KATHARINE G. SHIREY 

Assistant Attorney General 

2425 Bristol Court SW, 2nd Floor 

P.O. Box 40117 

Olympia, WA 98504-0117 

_________________________ Date: ____________________ 

STUART CLARK 

Manager 

Air Quality Program 

Washington State Department of Ecology 

PO Box 47600 

Olympia, WA 98504-7600 

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 Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR DEFENDANT LAFARGE NORTH AMERICA, INC.: 

Sylvain Garnaud 

Co-President, Lafarge North America Inc. 

The following is the name and address of Defendant Lafarge North America, Inc.’s agent for 

service pursuant to Paragraph 164. 

Steven C. Kohl 

Warner Norcross & Judd LLP 

2000 Town Center 

Suite 2700 

Southfield MI 48075-1318 

137
________________________ 

Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR DEFENDANT LAFARGE MIDWEST, INC.: 

Sylvain Garnaud 

President, Lafarge Midwest Inc. 

The following is the name and address of Defendant Lafarge Midwest, Inc.’s agent for service 

pursuant to Paragraph 164. 

Steven C. Kohl 

Warner Norcross & Judd LLP 

2000 Town Center 

Suite 2700 

Southfield MI 48075-1318 

138
 
________________________ 

Signature Page for United States of America et al v. Lafarge North America, Inc., et al. Consent 

Decree 

FOR DEFENDANT LAFARGE BUILDING MATERIALS, INC.: 

Sylvain Garnaud 

President, Lafarge Building Materials Inc. 

The following is the name and address of Defendant Lafarge Building Materials, Inc.’s agent for 

service pursuant to Paragraph 164. 

Steven C. Kohl 

Warner Norcross & Judd LLP 

2000 Town Center 

Suite 2700 

Southfield MI 48075-1318 

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CONSENT DECREE APPENDIX 

United States of America et al v. Lafarge North America, Inc., et al. 

1 
 

 

 

CONSENT DECREE APPENDIX 

United States of America et al v. Lafarge North America, Inc., et al. 

Control Technology Demonstration Requirements 

I. Scope and Applicability 

1. The Lafarge Companies1 shall comply with this Appendix in proposing and establishing 30-

Day Rolling Average Emission Limits for Nitrogen Oxide (“NOx”) and Sulfur Dioxide 

(“SO2”) as applicable under Sections V and VI of the Consent Decree for individual kilns at 

Alpena, Sugar Creek, Fredonia, Joppa, Paulding, Ravena, Seattle and Tulsa (Affected Kilns). 

2. The Affected Kilns include kilns of varying type, age, design and operating capacities. Raw 

materials employed in the Affected Kilns vary substantially. Similarly, fuels permitted and 

employed in the Affected Kilns vary by location and can include fuel oil, natural gas, coal, 

petroleum coke, tire-derived fuel, hazardous waste derived fuels, used oils and other 

materials beneficially reused as fuel. The Lafarge Companies shall take the following steps 

to establish 30-Day Rolling Average Emission Limits as required under Sections V and VI 

of the Consent Decree for NOx and/or SO2 at individual Affected Kilns at Alpena, Sugar 

Creek, Fredonia, Joppa, Paulding, Ravena, Seattle and if necessary, Tulsa: 

a. Design Report: The Lafarge Companies shall prepare and submit to U.S. EPA and the 

Affected State a Design Report for each Control Technology required under the Consent 

Decree for each Affected Kiln, except Sugar Creek; 

b.aseline Data Collection:The Lafarge Companies shall collect baseline emission and 

operational data for each Affected Kiln for a 180-Day period prior to initiating operation 

of any Control Technology. The baseline data collection may run concurrently with other 

activities identified within this Appendix; 

c.ptimization Program: Following completion of installation of each Control 

Technology at each Affected Kiln, the Lafarge Companies shall, consistent with the 

requirements of Sections V or VI of the Consent Decree, undertake a startup and 

optimization program for each Control Technology; 

d.Demonstration Program: Upon completion of the startup and optimization program 

specified above, the Lafarge Companies shall operate the Control Technology in an 

optimized manner for a period of 12 months for the purpose of establishing a 30-Day 

Rolling Average Emission Limit for each Affected Kiln; 

e. Final Report: The Lafarge Companies shall prepare and submit to U.S. EPA and the 

Affected State for approval, a Final Report following completion of the 12-month period 

used to establish 30-Day Rolling Average Emission Limits for each Affected Kiln. 

1

 All terms in this Appendix shall be construed consistent with meanings specified in Section III, Definitions, of the 

Consent Decree into which this Appendix is incorporated. 

2 
 

3. Supporting data required to be submitted under this Appendix may contain information 

relative to Kiln Operation and production that the Lafarge Companies may consider to be 

proprietary. In such a situation, the Lafarge Companies may submit the information to U.S. 

EPA as “Confidential Business Information,” subject to the provisions of 40 C.F.R. Part 2. 

II. Design Report Submittal 

4. The Lafarge Companies shall submit to U.S. EPA and the Affected State pursuant to Section 

XI (Review and Approval of Submittals) a Design Report for a Control Technology required 

under the Consent Decree for each Affected Kiln except Sugar Creek, subject to the 

requirements of this Appendix. The Design Report will form the basis for any permit 

application which may be required under state or federal law for the Control Technology. 

The provisions of Section XI (Review and Approval of Submittals) shall apply to U.S.EPA’s 

and the Affected State’s review of the Design Report, except that U.S. EPA and the Affected 

State shall review and comment on the Design Report within 45 Days of receipt of the 

Design Report and supporting data and the Lafarge Companies shall respond to any 

comments received within 30 Days of their receipt of U.S. EPA’s and the Affected State’s 

comments. If U.S. EPA and the Affected State submit their review and comments to the 

Lafarge Companies more than 45 Days after receipt of the Design Report and supporting data, 

the applicable Date of Installation and Commencement of Continuous Operation of the 

Control Technology in Section V or Section VI of this Consent Decree for that Kiln to which 

this Appendix applies shall be extended by the same number of Days that U.S. EPA and the 

Affected State’s submission of review and comments exceed the 45 Day period specified 

above. 

a. Dry Absorbent Addition (DAA) For any Affected Kiln to be equipped with a DAA 

system, the Lafarge Companies shall design the DAA system to deliver the selected 

reagent to the exhaust gases at a rate equivalent to the mass quantity of pollutant 

estimated to be present in the exhaust gases (1.0 reagent: SO2 molar ratio). The Lafarge 

Companies shall design the DAA system to inject one or more of the following reagents 

into the kiln gas stream: Lime, Calcium HydroxideCement Kiln Dust, and Sodium 

Carbonate. The Lafarge Companies shall justify in the Design Report the reagent(s) 

selected, the location selected for reagent injection and other design parameters based on 

emission reduction effectiveness, good engineering judgment, vendor standards, available 

data, and kiln operability. 

b. Wet Flue Gas Desulfurization (Wet FGD) For any Affected Kiln to be equipped with a 

Wet FGD, the Lafarge Companies shall design the Wet FGD system to achieve 90% 

control of estimated or known SO2 emissions and shall scrub the kiln gas stream with 

one of the following reagents: Limestone, Lime, and/or Cement Kiln Dust. The Lafarge 

Companies shall justify in the Design Report the reagent(s) and other design parameters 

based on emission reduction effectiveness, good engineering judgment, vendor standards, 

available data, and kiln operability. 

c. Selective Non-Catalytic Reduction (SNCR) , For any Affected Kiln to be equipped with 

a SNCR system, the Lafarge Companies shall design the SNCR system to deliver the 

3 
 

proposed reagent to the exhaust gases at a rate equivalent to the mass quantity of 

pollutant estimated to be present in the exhaust gases (1.0 reagent: NOx molar ratio). 

The system shall be designed to inject one or more of the following reagents into the kiln 

gas stream:Anhydrous Ammonia, Aqueous (<20%) Ammonia, Aqueous (<40%) Urea, 

and/or Dry Urea. The Lafarge Companies shall justify in the Design Report the reagent(s) 

selected, the location selected for reagent injection and other design parameters based on 

emission reduction effectiveness, good engineering judgment, vendor standards, available 

data, and kiln operability. 

d. Selective Catalytic Reduction (SCR) The Lafarge Companies shall depend on vendor 

recommendations for design of an SCR to be installed on the Joppa Kiln #1 (or an 

alternate Kiln pursuant to Paragraph 37 of the Consent Decree). The Lafarge Companies 

shall request proposals from vendors for design of an SCR at Joppa Kiln 1 that is capable 

of reducing emissions of NOx by up to 80%. The Lafarge Companies shall submit to U.S. 

EPA and the Affected State a final Design Report that justifies and identifies the amount 

and type of reagent and catalyst to be used, the manner of reagent injection and all other 

relevant design parameters selected for the equipment, including vendor 

recommendations for design and operation of the SCR. 

III. Baseline Data Collection 

5. During the baseline data collection period, the Lafarge Companies shall collect emissions 

and operational data for 180 operating Days prior to commencement of Continuous 

Operation of required Control Technology from each Affected Kiln. 

6. The Lafarge Companies shall select the data collection period to obtain a continuous 

collection of consecutive data points, and shall base the data collection period on the 

following criteria: 

a. The installation of a Control Technology will not interfere with the continuous and 

consecutive collection of emissions and operational data; 

b. The baseline data will be collected as close as possible in time to the commencement of 

Continuous Operation of required Control Technology; 

c. The baseline data collection period will be representative of the normal Kiln Operation; 

and 

d. If continuous and consecutive data are not available prior to the commencement of 

Continuous Operation of a required Control Technology due to unplanned outages, 

excessive Startups and Shut Downs, or if a Kiln is temporarily Shut Down for business or 

technical reasons, the Lafarge Companies will provide an explanation to U.S. EPA and 

the Affected State as to why and shall select a period consistent with the requirements of 

paragraph 7 of this Appendix, below. 

4 
7. During the baseline data collection period, the Lafarge Companies shall operate an Affected 

Kiln in a manner necessary to produce a quality cement clinker product. The Lafarge 

Companies shall not be expected to operate a Kiln within normal operating parameters 

during periods of Kiln Malfunction, Startup and Shut Down. The Lafarge Companies shall 

not adjust parameters to increase the rate of emission (expressed as lbs/ ton of clinker 

produced) for NOx or SO2 during the baseline data collection period. For the Seattle Kiln, 

Joppa Kiln 1, Tulsa Kiln 1 and Tulsa Kiln 2, the baseline data collection period shall include 

representative periods of Kiln Operation with and without tire-derived fuel. 

8. Within 45 Days following the completion of the baseline data collection period, the Lafarge 

Companies shall submit to U.S. EPA and the Affected State the baseline data collected 

during the baseline data collection period. The baseline data will include the following 

information either derived from available direct monitoring or as estimated from monitored 

or measured data: 

a. Kiln flue gas temperature at the inlet to the fabric filter or electrostatic precipitator as 

applicable or at the Kiln stack (daily average); 

b. Kiln production rate in tons of clinker (daily total); 

c. Raw material feed rate in tons (daily total); 

d. Type and percentage of each raw material used and the total feed rate (daily); 

e. NOx and SO2 concentrations (dry basis) and mass rates for each Kiln (daily average for 

concentrations and daily totals for mass rates) as measured at the Kiln stack gas analyzer 

location; 

f. Flue gas volumetric flow rate (daily average in dry acfm); 

g. Sulfur in feed (calculated to a daily average percentage), except for Seattle, Sugar Creek 

and Joppa; 

h. Feed burnability (at least once at the beginning and once at the end of the baseline data 

collection period); 

i. Temperatures indicative of the burning zone; 

j. Kiln fuel feed rate and type of fuel by weight or heat input rate (calculated to a daily 

average); 

k. Fuel distribution, if fuel is injected at more than one location, how much is injected at 

each location (daily average); 

l. Fuel sulfur percentage by weight (daily average), except for Seattle, Sugar Creek and 

Joppa; 

5 
m. Primary (and secondary and tertiary, where available) air rate into the Kiln, preheater 

and/or precalciner (as applicable) or blower/fan settings; 

n. Documentation of any Startup, Shut Down, or Malfunction events; and 

o. An explanation of any gaps in the data or missing data. 

9. The Lafarge Companies shall submit the baseline data to U.S. EPA and the Affected State in 

an electronic format and shall explain the reasons for any data not collected for each of the 

parameters listed in Paragraph 8 of this Appendix. The Lafarge Companies shall report all 

data in a format consistent with and able to be manipulated by Microsoft Excel. The 

provisions of Section XI (Review and Approval of Submittals) shall apply to U.S. EPA’s and 

the Affected State’s review of the baseline data, except that U.S. EPA and the Affected State 

shall review and comment on the baseline data within 45 Days of receipt of the baseline data 

and the Lafarge Companies shall respond to any comments received within 30 Days of their 

receipt of U.S. EPA’s and the Affected State’s comments. The Lafarge Companies’ 

submittal and U.S. EPA’s and the Affected State’s review of the baseline data shall not toll 

the Lafarge Companies’ obligation to fulfill other requirements of this Appendix. 

IV. Control Technology Startup and Optimization Period 

10. Following completion of the installation of the Control Technologies required under 

Section V or Section VI of the Consent Decree, the Lafarge Companies shall commence 

Continuous Operation of a Control Technology, in accordance with the final protocol 

described in Paragraph 11 of this Appendix, by the date required in Section V or Section VI 

of the Consent Decree, whichever is applicable, by adding reagent to the SNCR or SCR 

systems, by combining reagent and kiln gases through the DAA systems, and/or commencing 

Continuous Operation of the Wet FGD systems. The Startup of each Control Technology 

will include any required shakedown of newly installed equipment. The Lafarge Companies 

shall commence optimization of the Control Technology immediately upon commencement 

of Continuous Operation. Startup and optimization shall extend for no longer than six 

Operating Months. The Lafarge Companies will make best efforts to establish the optimized 

steady-state operation of each Control Technology as soon as practicable. 

11. Not later than 90 Days prior to the commencement of the Continuous Operation, the Lafarge 

Companies will submit to U.S. EPA and the Affected State pursuant to Section XI (Review 

and Approval of Submittals) a protocol for optimizing each Control Technology 

(“optimization protocol”) to minimize emissions of NOx and SO2 to the greatest extent 

practicable. The provisions of Section XI (Review and Approval of Submittals) shall apply 

to U.S.EPA’s and the Affected State’s review of the optimization protocol, except that U.S. 

EPA and the Affected State shall review and comment on the optimization protocol within 45 

Days of receipt of the optimization protocol and the Lafarge Companies shall respond to any 

comments received within 30 Days of their receipt of U.S. EPA’s and the Affected State’s 

comments. The protocol shall describe procedures that shall be used to evaluate the impact 

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of different Control Technology operating parameters on the rate of emission reduction 

achieved by each applicable Control Technology and shall contain: 

a. The steps taken to commence Continuous Operation of the Control Technology; 

b. The initial reagent injection rate (as a molar ratio of the average pollutant concentration) 

for each Control Technology; 

c. 	 Sampling and testing programs that will be undertaken during the initial reagent injection 

rate period for each Control Technology; 

d. A plan to increase the reagent injection rate for each Control Technology and associated 

sampling and testing programs for each increase in the reagent rate; 

e. The factors that will determine the maximum reagent injection rates and pollutant 

emission rates for each Control Technology (including maintenance of Kiln productivity 

and product quality); 

f. Evaluation of any observed synergistic effects on Kiln emissions, Kiln Operation or 

product quality from Control Technologies for NOx, SO2 and particulates; 

g.Evaluation of the cost effectiveness of the incremental addition of reagent(s) and any 

incremental reduction in emissions of an air contaminant; and 

h. For the Seattle Kiln, Joppa Kiln 1, Tulsa Kiln 1 and Tulsa Kiln 2, optimization of the 

SNCR in light of the above factors while operating both with and without tire-derived 

fuel. The protocol shall address the sequence and time required to optimize the SNCR 

system while operating both with and without tire-derived fuel and the sequence and time 

required during the Demonstration Period for data collection while operating both with 

and without tire-derived fuel. 

12. Within 30 Days following the optimization period for each Control Technology at each 

Affected Kiln (or in the case of Ravena, Affected Kilns) subject to the requirements of this 

Appendix, the Lafarge Companies shall provide to U.S. EPA and the Affected State pursuant 

to Section XI (Review and Approval of Submittals) an Optimization Report demonstrating 

conformance with the optimization protocol for the Control Technology and establishing the 

operating parameters for the Control Technology determined under the optimization protocol. 

The Lafarge Companies shall also include in the report a discussion of any problems 

encountered with the operation of the Control Technology and the impact, if any, the Control 

Technology may have had on changes in the emissions from the Kiln. The provisions of 

Section XI (Review and Approval of Submittals) shall apply to U.S.EPA’s and the Affected 

State’s review of the Optimization Report, except that U.S. EPA and the Affected State shall 

review and comment on the Optimization Report within 45 Days of receipt of the 

Optimization Report and the Lafarge Companies shall respond to any comments received 

within 30 Days of their receipt of U.S. EPA’s and the Affected State’s comments. The 

Lafarge Companies’ submittal of and U.S. EPA’s and the Affected State’s review of the 

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Optimization Report shall not toll the Lafarge Companies’ obligation to fulfill other 

requirements of this Appendix. 

13. Optimization Targets 

a. Except as otherwise provided in this Paragraph and in Paragraph 14, below, a DAA or 

SCNR for an Affected Kiln shall be deemed to be optimized if the Optimization Report 

demonstrates that the DAA or SNCR during periods of normal operation has achieved the 

percentage reduction consistent with its maximum design stoichiometric rate identified in 

the Design Report approved pursuant to Paragraph 4 of this Appendix, as applicable to 

the Control Technology; 

b. Except as otherwise provided in this Paragraph and in Paragraph 14, below, a Wet FGD 

for an Affected Kiln shall be deemed optimized if the Optimization Report demonstrates 

that the Wet FGD achieved a reduction in the rate of emission (lbs/ton clinker) of SO2 of 

no less than 90% as compared to baseline data; 

c. Except as otherwise provided in this Paragraph and in Paragraph 14, below, an SCR for 

an Affected Kiln shall be deemed optimized if the Optimization Report demonstrates that 

the SCR achieved a reduction in the rate of emission of NOx (lbs/ton clinker) of no less 

than 80%, or the removal achievable based on the vendor’s recommended design, as 

compared to baseline data. 

A Wet FGD or an SCR for an Affected Kiln shall be deemed to be optimized at a greater 

percentage reduction in the rate of emissions than that identified in subparagraph (b) or (c), 

respectively, if the Optimization Report submitted pursuant to Paragraph 12, taking into 

consideration the items enumerated in Paragraph 11.a. through h. of this Appendix, 

demonstrates that the Lafarge Companies can achieve and sustain a greater percentage 

reduction in the rate of emissions during periods of normal operation. 

14. Notwithstanding the provisions of Paragraph 13 of this Appendix, a Control Technology for 

an Affected Kiln shall be deemed to be optimized at a lower percentage reduction in the rate 

of emissions than that identified in Paragraph 13 if the Optimization Report demonstrates 

that, during periods of normal operation, a higher rate of emission reduction or operation 

cannot be sustained without creating a meaningful risk of impairing product quality, 

impairing kiln system reliability or impairing compliance with then applicable emission 

requirements or if the Control Technology cannot sustain operation at design values. 

15. During the optimization period, the Lafarge Companies, to the extent practicable, shall 

operate the Control Technology in a manner consistent with good air pollution control 

practice for minimizing emissions of pollutants other than NOx and SO2. The Lafarge 

Companies will adjust its optimization of a Control Technology as may be necessary to avoid, 

mitigate or abate an identifiable non-compliance with the emission limitation or standard for 

pollutants other than NOx and SO2. In the event the Lafarge Companies determines, prior to 

the expiration of six Operating Months, that its ability to optimize the Control Technology 

will be affected by potential impairments to product quality, kiln system reliability or 

8 
 

increased emissions of other pollutants, then the Lafarge Companies shall promptly advise 

U.S. EPA and the Affected State of this determination. In the event the Lafarge Companies 

determine, prior to the expiration of the six Operating Months that the Control Technology 

has been optimized, the Lafarge Companies shall promptly advise U.S. EPA and the Affected 

State of this determination. 

V. Control Technology Demonstration Period 

16. The Demonstration Period shall commence immediately following the acceptance by U.S. 

EPA and the Affected State of the Optimization Report. During the Demonstration Period, 

the Lafarge Companies shall operate a Control Technology for a period of at least 12 

Operating Months consistent with the operating parameters determined during the 

Optimization Period for the Control Technology and identified in the Optimization Report 

approved by EPA and the Affected State pursuant to Paragraph 12 of this Appendix. 

17. If Kiln Operation is disrupted by excessive unplanned outages, or excessive Startups and 

Shut Downs during the Demonstration Period, or if an Affected Kiln Temporarily Ceases 

Operation for business or technical reasons, the Lafarge Companies may request that U.S. 

EPA and the Affected State temporarily extend the Demonstration Period. U.S. EPA and the 

Affected State shall grant or deny the request and shall state the amount the time, if any, that 

the Demonstration Period may be extended. The Lafarge Companies may not suspend 

Demonstration Period data collection until and unless U.S. EPA and the Affected State have 

granted the request. Disputes regarding the appropriate amount of time shall be governed by 

Section XV of the Consent Decree (Dispute Resolution). 

18. If evidence arises during the Demonstration Period that product quality, kiln system 

reliability or emission compliance with an emission limitation or standard is impaired by 

reason of longer term operation of a Control Technology in a manner consistent with the 

parameters identified in the Optimization Report, then the Lafarge Companies may, upon 

notice to U.S. EPA and the Affected State, temporarily modify the manner of operation of the 

Control Technology to mitigate the effects and request that U.S. EPA and the Affected State 

suspend or extend the Demonstration Period for further technical evaluation of the effects of 

a Control Technology or permanently modify the manner of operation of the Control 

Technology to mitigate the effects. U.S. EPA and the Affected State shall grant or deny the 

request and shall state the amount the time, if any, that the Demonstration Period may be 

suspended or extended. Disputes regarding the appropriate action shall be governed by 

Section XV of the Consent Decree (Dispute Resolution). 

19. During the Demonstration Period, the Lafarge Companies shall collect the same data as 

required in Paragraph 8 of this Appendix. At least every 60 Days, the Lafarge Companies 

shall submit periodic Demonstration Period Reports to U.S. EPA and the Affected State 

during the Demonstration Period. Each Demonstration Period Report shall include the data 

collected as required in this paragraph. 

20. Within 60 Days following completion of the Demonstration Period, the Lafarge Companies 

shall submit a Final Demonstration Report to U.S. EPA and the Affected State, based upon 

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and including all of the data collected during the Demonstration Period including data from 

Startup, Shut Down and Malfunction events, that identifies proposed 30-Day Rolling 

Average Emission Limits for each pollutant (NOx and/or SO2) at an Affected Kiln subject to 

the requirements of this Appendix. For the Seattle Kiln, Joppa Kiln 1, Tulsa Kiln 1 and 

Tulsa Kiln 2, the Final Demonstration Report shall propose separate 30-Day Rolling Average 

Emission Limits for each Affected Kiln for NOx for Kiln Operation with and without tirederived fuel. Each 30-Day Rolling Average Emission Limit for NOx and SO2 shall be based 

upon an analysis of continuous emissions monitoring system (CEMS) data and clinker 

production data collected at the Affected Kiln during the Demonstration Period. Total 

pounds of an affected pollutant emitted during an individual Operating Day will be 

calculated from collected CEMS data for that Day. Hours or Days when there is no Kiln 

Operation may be excluded from the analyses. However, the Lafarge Companies shall 

provide an explanation in the Demonstration Report for any data excluded from the analyses. 

In any event, Lafarge shall include all data required to be collected during the Demonstration 

Period in the Final Demonstration Report. 

21. The Lafarge Companies shall propose 30-Day Rolling Average Emission Limits in the Final 

Demonstration Report in accordance with the definition of that term in the Consent Decree. 

The final 30-Day Rolling Average Emission Limit for an Affected Kiln shall be calculated in 

accordance with the following formula: 

 X= ū + 1.645σ

 where: 

 X = 30-Day Rolling Average Emission Limit (lbs/ton clinker) 

ū = mean of all of the 30-Day averages 

σ = standard deviation of all of the 30-Day averages 

22. The Final Demonstration Report for an Affected Kiln (in the case of Ravena, Kilns), shall be 

subject to Section XI (Review and Approval of Submittals) of the Consent Decree and the 

Dispute Resolution provisions of Section XV of the Consent Decree. 

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