EPA v. ECOELECTRICA L.P.

Case summary

EPA SEEKS A CIVIL PENALTY FOR DEFENDANT'S VIOLATIONS OF SECT/ 111 OF THE CLEAN AIR ACT, 42 USC  7411, AS ADOPTED BY EPA UNDER THE NEW SOURCE PERFORMANCE STANDARDS ( NSPS ), EN- TITLED STANDARDS OF PERFORMANCE FOR STATIONARY GAS TUR- BINES, 40 CFR PART 60, SUBPART GG. EPA HAS ALSO ADOPTED REGULATIONS UNDER SECT 111 OF THE ACT WHICH ARE ENTITLED GENERAL PROVISIONS AND WHICH ARE APPLICABLE TO ALL STATIONARY SOURCES THAT ARE SUBJECT TO A NSPS. THESE REGU- LATIONS ARE SET FORTH AT 40 CFR PART 60 SUBPART A. EPA ALSO SEEKS A CIVIL PENALTY FOR VIOLATIONS TO THE PSD PERMIT ISSUE ISSUED TO ECOEL?CTRICA ON OCT. 1, 1996 UNDER 40 CFR/52.21. DEFENDANT FAILED TO INSTALL AND OPERATE THE CONTROL EQUIP- MENT FOR NOX, FAILED TO INSTALL AND OPERATE THE CONTINUOUS EMISSION MONITORING EQUIPMENT, EXCEEDED THE NOX AND CO EMISSIONS AND FAILED TO TIMELY REPORT THE EXCESS EMISSIONS, AS REQUIRED BY THE PSD PERMIT AND 40 C.F.R.  52.21. * EcoElectrica failed to comply with the notification requirements of NESHAPS and failed to conduct initial performance testing as required by NESHAPS. EcoElectrica is now in compliance, therefore, no injunctive relief is warranted. The Defendant paid the penalty in its entirety on 12/03/03. The Defendant is in compliance with all other terms settlement is closed as of Dec. 5, 2003.

Defendants (1)

• ECOELECTRICA LPNamed in complaintNamed in settlement

Facilities (1)

• ECOELECTRICA

  PR RD 337, TALLABOA WARD, PENUELAS, PR, 00624

  Registry ID: 110007816471

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• ECOELECTRICA L.P.entered 2003-11-05

  Primary law: CAA

  Federal penalty: $195,000

Timeline (7 milestones)

• 2001-10-15Referred To Dept Of Justice
• 2001-10-19Enforcement Action Data Entered
• 2003-10-16Complaint Filed With Court
• 2003-11-05Concluded
• 2003-11-05Final Order Entered
• 2003-11-05Final Order Lodged
• 2003-12-03Enforcement Action Closed