EPA v. WASTE RESOURCES

Case summary

THE FACILITY THAT IS THE SUBJECT OF THIS MATTER IS A MUNICIPAL WASTE INCINERATOR PLANT LOCATED IN MANCHESTER TOWNSHIP, YORK COUNTY, PENNSYLVANIA. THE FACILITY IS OWNED BY WESTINGHOUSE ELECTRIC CORPORATION (WESTINGHOUSE), AND OPERATED BY YORK RESOURCE ENERGY SYSTEMS, INCOPORATED (YORK) A SUBSIDIARY OF WESTINGHOUSE. THE PLANT IS EQUIPPED WITH THREE ROTARY WATER WLAL COMBUSTORS THAT EMIT, AMONG OTHER THINGS, CARBON MONOXIDE (CO), SULFUR DIOXIDE (SO2), HYDROGEN CHLORIDE (HCI), NICKEL, PARTICULATE MATTER, ARSENIC, MERCURY AND CHROMIUM. THE FACILITY IS LOCATED IN AN AREA THAT HAS BEEN DESIGNATED AS AN AREA IN WHICH THE PRIMARY AND SECON- DARY NATIONAL AMBIENT AIR QUALITY STANDARDS (NAAQS) HAVE BEEN ATTAINED OR ARE UNCLASSIFIABLE FOR ALL CRITERIA POLLUTANTS, EXCEPT OZONE, THAT ARE EMITTED BY THE FACILITY. SEE 40 C.F.R. SECTION 81,339. A PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT WAS ISSUED TO YORK COUNTY SOLID WASTE AND REFUSE AUTHORITY, THE ORIGINAL OWNER OF THE FACILITY, AND TO WESTINGHOUSE (WHO WAS THEN THE FACILITY'S OPERATOR) ON *05/13/87, FOR CONSTRUCTION OF THE FACILITY. (ATTACHMENT 1) THE PERMIT STATES THAT THE FACILITY WOULD USE THREE WESTINGHOUSE/O'CONNOR ROTARY WATER WALL COMBUSTORS, EACH OF WHICH HAS THE POTENTIAL TO CHARGE 448 TONS OF REFUSE PER DAY. AS A RESULT, THE FACILITY WOULD HAVE THE POTENTIAL TO CHARGE 1,344 TONS OF REFUSE PER DAY. THE PERMIT ALSO ALLOWS MAXIMUM TOTAL EMISSIONS OF SULFUR DIOXIDE (SO2), HYDROGEN CHLORIDE (HCL), AND CARBON MONOXIDE (CO), AND REQUIRES THAT THE FACILITY SUBMIT CONTINUOUS EMISSION MONITOR (CEM) QUARTERLY REPORTS TO THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES** IN ORDER TO DETER- MINE COMPLIANCE WITH THE APPLICABLE LIMITS FOR CO, SO2, AND HCL. *05/13/87 - WESTINGHOUSE ACQUIRED FULL OWNERSHIP OF THE FACILITY IN FEBRUARY 1990. **THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES HAS RECENTLY CHANHGED ITS NAME TO THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND WILL BE REFERRED TO HEREINAFTER AS THE PADEP THE CEM REPORTS SHOW THAT THE FACILITY HAS INTERMITTENTLY VIOLATED THE EMISSION STANDARDS FOR CO/SO2, AND HCL SET IN MAY 13, 1987 PSD PERMIT SINCE APRIL 1, 1990. (ATTACHMENT 2 -15 AND 20 - 26) THE PERMIT ALSO PROVIDES EMISSIONS LIMITS FOR NICKEL, PARTICULATE MATTER (PM), ARSENIC, MERCURY, AND CHROMUM. NUMEROUS AIR COMPLIANCE STACK TESTS PERFORMED BY ETS, INCORPORATED PERSONNEL SINCE JANUARY 1990 REVEALED THAT THE FACILITY HAS REPEATEDLY FAILED TO MEET THESE LIMITS. (ATTACHMENT 16) ON JUNE 30, 1993, EPA APPROVED A SIP REVISION SUBMITTED BY THE COMMONWEALTH OF PENNSYLVANIA. (ATTACHMENT 17) THIS REVISION ESTABLISHES REQUIREMENTS GOVERNING CEM DATA AVAIL- ABILITY AND WAS EFFECTIVE ON AUGUST 30, 1993. ONE HUNDRED PERCENT OF THE DATA HOURS DURING WHICH THE INCINERATOR IS OPERATING MUST BE VALID HOURS. IN THE CEM REPORT TO PADEP FOR THE THIRD QUARTER OF 1993 (ATTACHMENT 15), THE FACILITY REPORTED THAT, FROM SPETEMBER 1, - SEPTEMBER 30, 1993, THE CO CEM AT THE FACILITY FAILED TO MEET THE DATA AVAILABILITY REQUIREMENT AT UNITS 1, 2 AND 3. ON MARCH 10, 1994, EPA ISSUED A NOTICE OF VIOLATION OF WE WESTINGHOUSE AND TO YORK FOR VIOLATIONS OF SOME OF THE PER- MIT'S EMISSION LIMITS, AND FOR VIOLATIONS OF THE SIPS CEM REQUIREMENTS. (ATTACHMENT 18). CEM REPORTS SINCE THEN DEMONSTRATE ADDITIONAL VIOLATIONS OF THE DATA AVAILABILITY REQUIREMENTS. (ATTACHMENT 20 THROUGH 26). FINALLY, AS DESCRIBED IN MORE DETAIL BELOW, A NUMBER OF THE STATE EMISSION STANDARDS UPON WHICH THE EMISSION STAND- ARDS IN DEFENDANTS' PERMIT MAY BE RELAXED. DEFENDANTS HAVE APPLIED FOR REVISIONS TO ITS PERMIT

Defendants (1)

• YORK RESOURCE ENERGY, INC.Named in complaintNamed in settlement

Facilities (2)

• AMERICAN REF FUEL COMPANY

  10 HIGHLAND AVENUE, CHESTER, PA, 19013

  Registry ID: 110001065016

• AMERICAN REF FUEL COMPANY

  10 HIGHLAND AVENUE, CHESTER, PA, 19013

  Registry ID: 110001065016

Statutes cited

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

Enforcement conclusions (1)

• WESTINGHOUSE ELECTRIC CORPORATIONentered 1997-07-07

  Primary law: CAA

  Federal penalty: $50,000

Timeline (8 milestones)

• 1990-10-01Enforcement Action Data Entered
• 1990-10-01PRN Sent
• 1995-12-07Referred To Dept Of Justice
• 1997-05-08Complaint Filed With Court
• 1997-07-07Final Order Lodged
• 1997-07-07Final Order Entered
• 1997-07-07Concluded
• 2003-11-24Enforcement Action Closed