EPA v. LAKE ERIE BIOFUELS, LLC D/B/A HERO BX (LAKE ERIE BIOFUELS, LLC)

Case summary

On August 31, 2023, EPA Region 3 issued an Administrative Compliance Order on Consent (Order) to Lake Erie Biofuels LLC doing business as HeroBX (Lake Erie Biofuels), the owner and operator of biodiesel production facility located at 1670 East Lake Road in Erie, Pennsylvania (Facility). Lake Erie Biofuels Facility is subject to both the ?Standards of Performance for Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing Industry Distillation Operations,? found at 40 C.F.R. Part 60, Subpart NNN (?NSPS Subpart NNN?) and the ?Standards of Performance for Volatile Organic Compound (VOC) Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes, found at 40 C.F.R. Part 60, Subpart RRR (?NSPS Subpart RRR?). The applicable provisions of the NSPS Subpart NNN and NSPS Subpart RRR requiring a reduction of emissions of TOC (less methane and ethane) by 98% by weight are incorporated into a state operating permit issued to Respondent by the Pennsylvania Department of Environmental Protection. EPA obtained information as part of its investigation showing that Respondent has not been meeting the 98% destruction efficiency requirement at the Erie Facility, and therefore is operating in violation of Section 111 of the CAA, 42 U.S.C. ? 7411, NSPS Subpart NNN and NSPS Subpart RRR regulations, and Pennsylvania?s state implementation plan, 25 Pa. Code ? 127.444, 40 C.F.R. ? 52.23. The Order, issued under the authority of Section 113(a) of the CAA, 42 U.S.C. ? 7413(a)(3), requires Respondent to submit a testing protocol to EPA, conduct testing in accordance with the approved protocol, and to submit a final report of the testing results. If the testing results show that the scrubber is meeting the 98% destruction efficiency, the Order requires Respondent to submit an application to PADEP for a modification to its operating permit to include the parameters and parameter ranges recorded during the test for the purpose of demonstrating continuous compliance with the NSPS Subpart NNN and NSPS Subpart RRR standards. If the testing results show that the scrubber is not meeting the 98% destruction efficiency, the Order requires Respondent to submit an application to PADEP for a plan approval for the installation of additional controls that will meet with the NSPS Subpart NNN and NSPS Subpart RRR standards. The Facility is located in an area of potential EJ concern. This case seeks to ensure that facilities that work with hazardous air pollutants meet state permitting requirements and comply with applicable federal work practice, reporting and record keeping requirements, minimizing the risk of potential harm to neighboring communities and the environment, which is especially important in potential EJ areas. EPA delegated to Pennsylvania the authority to implement and enforce NSPS Subpart NNN and NSPS Subpart RRR. Pennsylvania has been notified of this action and has not raised any objections. EPA will resolve its claim for civil penalties for the CAA violations separately

Defendants (1)

• LAKE ERIE BIOFUELS, LLC D/B/A HERO BOXNamed in settlement

Facilities (2)

• LAKE ERIE BIOFUELS, LLC

  1540 E LAKE RD, ERIE, PA, 16511-1032

  Registry ID: 110024759199

• LAKE ERIE BIOFUELS LLC/ERIE

  1540 E LAKE RD, ERIE, PA, 16511-1032

  Registry ID: 110024759199

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• LAKE ERIE BIOFUELS, LLC D/B/A HERO BX (LAKE ERIE BIOFUELS, LLC)entered 2023-08-31

  Primary law: CAA

Timeline (4 milestones)

• 2023-08-31Final Order Issued
• 2023-09-01Enforcement Action Data Entered
• 2024-06-05Air Resolved
• 2024-06-05Enforcement Action Closed