EPA v. BIO-ENERGY CORP.

Case summary

DEFENDANT FAILED TO OBTAIN A PSD PERMIT BEFORE IT BEGAN ACT- UAL CONSTRUCTION OF A COGENERATION PLANT CONSISTING OF ONE WOOD-FIRED BOILER. THE PLANT IS IN AN ATTAINMENT AREA & IS A MAJOR STATIONARY SOURCE BECAUSE IT HAS THE POTENTIAL TO E- MIT 250 TONS PER YEAR OF CARBON MONOXIDE, A REGULATED POLL- UTANT UNDER THE ACT. EPA IS SEEKING INJUNCTIVE RELIEF DIRECTING DEFENDANT TO COM- PLY W/THE REQUIREMENTS OF SECT 165 OF THE ACT, AND ASSESS- MENT OF CIVIL PENALTIES OF NOT MORE THAN $25,000 FOR EACH DAY OF VIOLATION. THIS CASE RAISES THE ISSUE OF STATE CONSTRUCTION PERMIT CON- DITIONS WHICH PURPORT TO LIMIT A SOURCE'S STATUS TO THAT OF MINOR AND, HENCE, NOT SUBJECT TO PSD REQUIREMENTS. 01/19/89: ENTERED BY HQ AT REQUEST OF BDR IN RESPONSE TO MEMO FROM E.E. REICH. THIS REFERRAL SEEKS PENALTIES AND INJUNCTIVE RELIEF AGAINST BIO-ENERGY CORPORATION UNDER THE PREVENTION OF SIGNIFICANT DETERIORATION ( PSD ) PROVISIONS OF THE CLEAN AIR ACT.*** SEE NEXT PAGE *** THIS CASE WAS RETURNED TO THE REGION AND ENTERED AS A PRN ON 7/16/93 WITH THE FOLLOWING CASE SUMMARY: THIS PRE-REFERRAL INVOLVES VIOLATIONS OF THE CLEAN AIR ACT BY BIO-ENGERY CORPORATION, A WOOD-FIRED POWER GENERATOR IN WEST HOPKINGTON, NH. THE COMPANY HAS OPERATED A MAJOR STATIONARY SOURCE WITHOUT OBTAINING A PSD PERMIT.

Defendants (1)

• BIO-ENERGY CORP.Named in complaintNamed in settlement

Facilities (1)

• BIOENERGY CORPORATION

  1994 MAPLE STREET, HOPKINTON, NH, 03229

  Registry ID: 110004092151

Statutes cited

• CAA 167 — Clean Air Act
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• BIO-ENERGY CORPORATIONentered 1995-10-11

  Primary law: CAA

  Federal penalty: $100,000

Timeline (9 milestones)

• 1987-02-17Enforcement Action Data Entered
• 1993-06-16PRN Sent
• 1995-05-23Referred To Dept Of Justice
• 1995-06-29Referred TO U.S. Attorney
• 1995-07-10Complaint Filed With Court
• 1995-10-11Final Order Lodged
• 1995-10-11Final Order Entered
• 1995-10-11Concluded
• 1999-12-29Enforcement Action Closed