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

Case summary

On July 16, 2024, a Consent Agreement and Final Order entered into by EPA and Lake Erie Biofuels, LLC doing business as HeroBX ( Respondent ) was filed with the Regional Hearing Clerk settling alleged violations of the CAA. The violations were discovered as a result of an investigation into activities at Respondent's biodiesel production facility located at 1670 East Lake Road in Erie, Pennsylvania ( Facility ) where it was determined that Respondent failed to reduce emissions of total organic compounds (less methane and ethane) by 98 weight percent as required by New Source Performance Standards published at 40 C.F.R. Part 60, Subparts NNN and RRR, from at least October 7, 2020 through April 26, 2023. On August 31, 2023, the EPA issued an Administrative Compliance Order on Consent pursuant to Section 113(a) of the Act, 42 U.S.C. ? 7413(a), requiring Respondent to come into compliance with NSPS Subpart NNN and NSPS Subpart RRR. Respondent conducted an engineering study on April 26, 2023 and a performance test on October 11, 2023, both showing compliance with the emission reduction standards required by NSPS Subpart NNN and NSPS Subpart RRR. The Facility is located in an area of potential EJ concern. This case seeks to ensure that facilities that work with hazardous air pollutants comply with applicable emissions standards, minimizing the risk of potential harm to neighboring communities and the environment, which is especially important in potential EJ areas. The parties reached an agreement on a civil penalty of $179,225 to address Respondent?s violations. 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.

Defendants (1)

• LAKE ERIE BIOFUELS, LLC D.B.A. HERO BXNamed in complaintNamed in settlement

Facilities (2)

• LAKE ERIE BIOFUELS LLC/ERIE

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

  Registry ID: 110024759199

• LAKE ERIE BIOFUELS, LLC

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

  Registry ID: 110024759199

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• LAKE ERIE BIOFUELS, LLC D.B.A. HERO BX (LAKE ERIE BIOFUELS, LLC)entered 2024-07-16

  Primary law: CAA

  Federal penalty: $179,225

Timeline (3 milestones)

• 2024-07-16Enforcement Action Data Entered
• 2024-07-16Complaint Filed/Proposed Order
• 2024-07-16Final Order Issued