EPA v. UMASS AT AMHERST

Case summary

THIS CASE INVOLVES VIOLATIONS OF THE MASS STATE IMPLE- MENTATION PLAN OF SECTION 110 OF THE CAA. THE UNIVERSITY OF MASSACHUSETTS AT AMHERST OPERATES 7 BITUMINOUS COAL-FIRED STOKER BOILERS. DESPITE NUMEROUS EN- FORCEMENT ACTIONS TAKEN BY THE MASS DEQE THAT INCLUDED STATE COURT CONSENT DECREES, THE UNIVERSITY HAS CONTINUALLY OPER- ATED THE BOILERS IN VIOLATION OF THE APPLICABLE EMISSION LIMITS FOR PARTICULATES. THESE LIMITS ARE CONTAINED IN THE MASS REGS PROMULGATED PURSUANT TO THE MASS STATE IMPLEMENTA- TION PLAN (SIP). THE UNIVERSITY IS PUBLICLY FUNDED, OWNED & OPERATED BY THE COMMONWEALTH OF MASS. IT IS REGISTERED AS A NONPROFIT CORPORATION W/THE MASS SECRETARY OF STATE. THE 7 BOILERS, W/AN OIL-FIRED UNIT, SUPPLY STEAM & ELEC TRICITY TO THE CAMPUS; SOME PORTION OF THE POWER PLANT MUST BE IN OPERATION AT ALL TIMES. THE UNIVERSITY OPERATED THESE BOILERS W/O CONTROLLING PARTICULATE EMISSIONS & IN VIOLATION OF THE MA SIP LIMIT FROM JAN 1974, THE COMPLIANCE DEADLINE SET IN THE MASS REGS, UNTIL MAR 1985. IN MAR 1985, THE UNI- VERSITY COMPLETED INSTALLATION OF POLLUTION CONTROL EQUIP- MENT & BEGAN CONTROLLING PARTICULATE EMISSIONS FROM 3 OF THE BOILERS. THE REMAINING 4 BOILERS ARE STILL W/O CONTROL EQUIPMENT; THEY ARE USED AS A BACK-UP SYSTEM & WHEN OPERATED ARE IN VIOLATION OF THE EMISSION LIMIT.IN JULY 1985, THE POLLUTION CONTROL EQUIPMENT BROKE DOWN. THE UNIVERSITY CON- TINUED TO OPERATE 3 OF THE BOILERS W/O CONTROLLING PARTICU- LATE EMISSIONS UNTIL OCT 4, 1985, WHEN THE EQUIPMENT WAS AGAIN OPERATIONAL. IN 1977,THE STATE OBTAINED A CONSENT JUDGEMENT THAT SET UP A TIME TABLE FOR THE UNIVERSITY TO INSTALL POLL CON- TROL EQUIPMENT. WHEN THE SCHEDULE WAS NOT MET, MA AMENDED THE CONSENT JUDGEMENT REQUIRING THE SYSTEM TO BE INSTALLED BY 1983. THE STATE REPORTED THE UNIVERSITY TO EPA WHEN THEY FAILED TO MEET THE 1983 DEADLINE. EPA INSPECTED THE UNIVER- SITY ON 5/2/83 & 9/29/83, & OBSERVED THAT IT WAS IN VIOLA- TION OF 310 CMR SECT 7.02(8). EPA ISSUED UNIVERSITY AN NOV PURSUANT TO SECT 113 OF THE CAA. ON 1/9 & 12/13/84, EPA AGAIN INSPECTED UMASS & OBSERVED THAT IT WAS STILL VIOLATING MASS REGS. ON 5/25/85, EPA ISSUED AN ADMINISTRATIVE ORDER PURSUANT TO SECT 113 OF CAA. THE UNIVERSITY COMPLETED IN- STALLATION OF CONTROL EQUIPMENT IN MARCH 1985, & THIS EQUIP- MENT BROKE DOWN ON JULY 19 & 22, 1985. EPA INSPECTED THE UNIVERSITY ON 8/6/85 & FOUND THAT THE BOILER WAS VIOLATING MASS REGS. ON 8/31/85 EPA ISSUED A 2ND NOV TO THE UNIVERSI- TY, & ON 10/2/85 NOV CONFERENCE WAS HELD IN WHICH THE UNI- VERSITY ADMITTED THAT IT CONTINUED TO OPERATE THE BOILERS DESPITE NONCOMPLIANCE W/THE LIMIT. IT ALSO STATED THAT IT EXPECTS TO OPERATE BOILERS IN VIOLATION OF THE PARTICULATE LIMITS IN THE FUTURE BECAUSE OF OPERATING & MAINTENANCE PROBLEMS W/CONTROL EQUIPMENT. IT IS LIKELY THAT THERE WILL BE VIOLATIONS IN THE FU- TURE BECAUSE IN INSTALLING THE CONTROL EQUIPMENT, CORNERS WERE CUT TO REDUCE EXPENSES. IN THE BAGHOUSE, THE BAGS ARE RUN VERY CLOSE TO THE HIGHEST OPERATING TEMPERATURE & ARE LOCATED CLOSE TO THE BOILERS, THUS CAUSING THE BAGS TO BURN & ALLOWING UNCONTROLLED EMISSIONS. THE EXISTING BACKUP SYS- TEM DOES NOT COMPLY W/THE EMISSION LIMIT. FURTHER, THE UNIVERSITY MAY HAVE TO OPERATE 1 OR MORE OF ITS 4 STANDBY BOILERS, WHICH ARE NOT EQUIPPED W/CONTROL EQUIPMENT, IN OR- DER TO MEET INCREASED STEAM DEMANDS. RELIEF REQUESTED: AMHERST IS IN AN AREA DEFINED BY THE STATE AS AN AREA OF CRITICAL CONCERN W/RESPECT TO AIR QUALITY, ALTHOUGH IT IS IMPOSSIBLE TO QUANTIFY THE HARM DONE BY THE UNIVERSITY'S EMISSIONS. EPA PERSONNEL ARE TRYING TO DEVELOP TECHNICAL ADVICE THAT THE UNIVERSITY COULD BE REQUIR

Defendants (2)

• UNIVERSITY OF MASSACHUSETTSNamed in complaintNamed in settlement
• MASSACHUSETTS, COMMONWEALTH OFNamed in complaintNamed in settlement

Facilities (2)

• UNIVERSITY OF MASSACHUSETTS AMHERST CAMPUS

  PHYSICAL PLANT DEPARTMENT, AMHERST, MA, 010036710

  Registry ID: 110038498792

• UNIVERSITY OF MASSACHUSETTS AMHERST CAMPUS

  PHYSICAL PLANT DEPARTMENT, AMHERST, MA, 010036710

  Registry ID: 110038498792

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• UMASS AT AMHERSTentered 1988-06-27

  Primary law: CAA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1985-10-02Enforcement Action Data Entered
• 1985-12-31Referred To Headquarters
• 1986-01-14Referred To Dept Of Justice
• 1986-05-09Complaint Filed With Court
• 1988-06-27Final Order Lodged
• 1988-06-27Final Order Entered
• 1988-06-27Concluded
• 1990-06-27Enforcement Action Closed