Sep. 10--DIXON -- The same day St. Marys Cement officials told employees the plant would soon stop production, leaving 90 workers jobless, the company agreed to pay an $800,000 fine for violating federal clean air standards.

The two events might not be related, though, a U.S. Department of Justice spokesman said Tuesday.

The Justice Department and the Environmental Protection Agency said in a news release Monday that the plant, which produces Portland cement, was in violation of the Federal Clean Air Act. The release also said that its owners had agreed to pay the penalty and install "state-of-the-art pollution controls" by April.

That's 5 months after the plant will close, according to St. Marys' officials, who said Monday afternoon that the plant was "temporarily" shutting down in December because of the poor economy.

Phone calls to the Dixon plant and the corporate office in Toronto, Ontario were not immediately returned Tuesday.

According to the EPA and the Department of Justice, the Dixon plant's four kilns were modified in 2003, when it still was owned by Cemex, without the necessary permits and without required pollution-control equipment.

When St. Marys bought the plant, it failed to rectify the situation, as was required.

The company was notified of the violations in 2005, and again this summer.

To avoid federal litigation and further fines, the plant's owners signed a consent decree Monday agreeing to update the kilns' equipment by April 30, or cease production.

According to the decree, the company will install equipment that will reduce emissions from three of the four kilns, and either replace or shut down the fourth. No cost for the work was released.

Andrew Ames, a spokesman for the Department of Justice, said he didn't think there was a relation between Monday's order and St. Marys' closure announcement.

"The settlement requires them to comply with the Clean Air Act, but does not require them to shut down the facility," Ames said. "If they did not comply with the order, then they would have to shut down the kilns."

He added, "It's my understanding they shut down for economic reasons."

In 2006, the EPA began to target the improvement of Clean Air Act compliance at Portland cement facilities, which produce sulfur dioxide and nitrogen oxides that can create smog, cause severe respiratory problems and affect climate change.

Monday's agreement, the federal government's first agreement with a Portland cement facility, was hailed as "precedent-setting" by Assistant Attorney General Ronald Tenpas, of the Justice Department's Environment and Natural Resources Division.

"We are pleased that this settlement will provide important environmental benefits without the need for complicated and prolonged litigation," Tenpas said in the release.

Cheryl Newton, acting director of Air and Radiation at the EPA's Chicago office, also was quoted in the release.

"This settlement marks a significant step in controlling harmful nitrogen oxide emissions at the Dixon plant, and from Portland cement manufacturing facilities in general."

Reporter Tara Becker contributed to this report.

What is Portland cement?

Portland cement is used in virtually all types of concrete. It is produced by heating limestone, clay and other raw materials at high temperatures to form "clinker," which is then blended with gypsum and ground into a fine powder.

The powder, known as Portland cement, is mixed with water, sand, and stone to form concrete.

According to the EPA, the Portland cement industry is the third-largest source of industrial emissions in the nation, emitting about 180,000 tons a year of sulfur dioxide and nitrogen oxides.

Nitrogen oxides cause severe respiratory problems, and contribute to childhood asthma, acid rain and smog. Air pollution from Portland cement manufacturers can travel significant distances downwind, creating regionwide health problems, the EPA says.

-----

To see more of The Daily Gazette or to subscribe to the newspaper, go to http://www.saukvalley.com/.

Copyright (c) 2008, Daily Gazette, Sterling, Ill.

Distributed by McClatchy-Tribune Information Services.

For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

NYSE:CX,