EPA v. MONROE COUNTY, NY

Case summary

THIS PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO SECTION 113(B) OF THE CAA, 42 USC 7413(B), AGAINST MONROE COUNTY, NY, FOR VIOLATIONS, AT THE COUNTY'S IOLA POWERHOUSE, OF THE OPACITY AND PARTICULATE EMISSION LIMITATIONSOF 6 NYCRR PART 227, A PORTION OF THE NYSIP, 40 CFR 52.1679. THE IOLA POWERHOUSE IS A STATIONARY COMBUSTION INSTALLA- TION USING SPREADER STOKERS, THAT HAS BEEN IN OPERATION PRI- OR TO 6/1/72 AND HAS A TOTAL HEAT INPUT EQUAL TO OR LESS THAN 300 MILLION BTU PER HOUR. THE FACILITY IS, THEREFORE, SUBJECT TO THE REQUIREMENTS OF PART 227. ON 4/22/85, AN EPA INSPECTOR OBSERVED VISIBLE EMISSIONS EXCEEDING BOTH THE 40% AND 20% OPACITY LIMITATIONS. ON 7/9-7/12, 1985 STACK TESTS CONDUCTED BY THE COUNTY'S CONTRACTORS AT THE POWERHOUSE RE- SULTED IN PARTICULATE EMISSIONS IN EXCESS OF 0.60 POUNDS PER MILLION BTU. EPA ISSUED THE COUNTY A NOV DATED 12/31/85, DESCRIBING THESE SIP VIOLATIONS. ON 5/18/86, EPA'S NEIC CONDUCTED A LIDAR INVESTIGATION AT THE IOLA POWERHOUSE. LIDAR IS AN APPROVED EPA REFERENCE METHOD FOR MEASURING OPA- CITY. THE LIDAR INVESTIGATION REVEALED VIOLATIONS OF BOTH THE 20% & 40% OPACITY LIMITATIONS. ON 6/3-6/4/86, THE COUN- TY PERFORMED ANOTHER STACK TEST WHICH REVEALED PARTICULATE EMISSIONS IN EXCESS OF THE PART 227 LIMITATION. AT A 3/14/86 CONFERENCE FOLLOWING THE ISSUANCE OF THE NOV, REPRESENTATIVES OF MONROE COUNTY EXPLAINED TO REGION 2 THAT THE COUNTY HAD EMBARKED UPON A COMPLIANCE PLAN FOR THE POW- ERHOUSE. THE PLAN, WHICH MAY NOT BE COMPLETED UNTIL 3/87, INCLUDES THE CONVERSION OF A COAL FIRED BOILER TO OIL AND NATURAL GAS & THE INSTALLATION OF NEW INSTRUMENTATION FOR THE FACILITY'S FOUR BOILERS. THE COUNTY ALSO INTENDS TO LI- MIT THE USE OF COAL TO CERTAIN MONTHS OF THE YEAR & TO HIGH- ER STEAM LOADINGS. THE PLAN DOES NOT INCLUDE THE ADDITION O OF SIGNIFICANT POLLUTION CONTROL EQUIPMENT SUCH AS AN ELEC- TROSTATIC PRECIPITATOR (ESP). IN VIEW OF THE FOREGOING, EPA REGION 2 PROPOSES THAT A CIVIL ACTION BE COMMENCED AGAINST THE COUNTY FOR 1) INJUNCTIVE RELIEF IN THE FORM OF AN ENFOR- CEABLE COMPLIANCE SCHEDULE(WHICH WILL REQUIRE THE COUNTY TO INSTALL CONTROL EQUIPMENT OR CONVERT FROM COAL TO OIL AND GAS SHOULD THE PRESENT PROGRAM FAIL TO ACHIEVE COMPLIANCE BY A SPECIFIED DATE); AND 2) A CIVIL PENALTY OF $167,134BASED ON EPA'S STATIONARY SOURCE CIVIL PENALTY POLICY DATED 9/12/84, WHICH TAKES INTO ACCOUNT THAT THE COUNTY IS A NON- PROFIT GOVERNMENTAL ENTITY.

Defendants (1)

• MONROE, COUNTY OFNamed in complaintNamed in settlement

Facilities (3)

• MONROE COUNTY FLEET MGMT

  444 E HENRIETTA RD, ROCHESTER, NY, 14620

  Registry ID: 110021034584

• MONROE COUNTY FLEET MGMT

  444 E HENRIETTA RD, ROCHESTER, NY, 14620

  Registry ID: 110021034584

• MONROE COUNTY FLEET MGMT

  444 E HENRIETTA RD, ROCHESTER, NY, 14620

  Registry ID: 110021034584

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• MONROE COUNTY, NYentered 1987-12-23

  Primary law: CAA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1986-09-23Referred To Dept Of Justice
• 1987-10-06Referred TO U.S. Attorney
• 1987-10-27Complaint Filed With Court
• 1987-12-23Final Order Lodged
• 1987-12-23Final Order Entered
• 1987-12-23Concluded
• 1995-03-30Enforcement Action Closed