EPA v. COSTIGAN CHIP LLC

Case summary

On March 7, 2022, EPA and Costigan Chip LLC (Costigan Chip) reached an expedited settlement agreement (ESA) to settle an EPA administrative enforcement action for alleged Clean Air Act (CAA) regulatory violations at Costigan Chip's wood-chipping facility in Milford, Maine. EPA alleged that Costigan Chip violated the reciprocating internal combustion engine (RICE) national emission standards for hazardous air pollutants (NESHAP) by failing to re-test the facility's stationary diesel engine in 2017 for compliance with carbon monoxide (CO) emission limits. A CO emissions test is a surrogate test for the engine's hazardous air pollutant emissions. There were also violations of notification, monitoring and reporting requirements associated with the test. Costigan Chip corrected its violations after being contacted by EPA. The ESA was negotiated using EPA?s Expedited Settlement Agreement Pilot Program for CAA stationary source cases. Under the ESA, Costigan Chip will pay a settlement penalty of $37,274. Maine is not authorized to implement the RICE NESHAP, but Region 1 coordinated with the Maine Department of Environmental Protection and they are aware of EPA?s action. Stationary diesel engines such as the one operated by Costigan Chip emit hazardous air pollutants. This enforcement action is part of an EPA National Compliance Initiative for creating cleaner air for communities by reducing excess emissions of harmful pollutants.

Defendants (1)

• Costigan Chip, LLCNamed in complaintNamed in settlement

Facilities (1)

• COSTIGAN CHIP LLC

  123 CHAMPION WAY, MILFORD, ME, 04461

  Registry ID: 110039675722

Statutes cited

• CAA 112C — Hazardous Air Pollutants

Enforcement conclusions (1)

• COSTIGAN CHIP LLCentered 2022-03-07

  Primary law: CAA

  Federal penalty: $37,274

Timeline (3 milestones)

• 2022-03-07Final Order Issued
• 2022-03-07Complaint Filed/Proposed Order
• 2022-03-10Enforcement Action Data Entered