EPA v. CENTERS FOR DISEASE CONTROL AND PREVENTION (FF)

Case summary

1/21/2010 - ADMINISTRATIVE COMPLIANCE ORDER ISSUED. BASED ON EXCESSIVE MONITORING DOWNTIME FOR INCINERATORS, EPA FINDS THAT THE CDC DID NOT ADEQUATELY MAINTAIN AND OPERATE ITS CONTINUOUS MONITORING SYSTEM (CMS) IN A CONTINUOUS MANNER, AS REQUIRED BY CONDITION NO. 5.2.5 OF ITS TITLE V PERMIT AND CONDITION NO. 5.2.8 OF ITS TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3). BASED ON EXCESSIVE MONITORING DOWNTIME FOR BOILERS, EPA FINDS THAT THE CDC DID NOT ADEQUATELY MAINTAIN AND OPERATE ITS PEMs IN A CONTINUOUS MANNER, AS REQUIRED BY ITS TITLE V PERMIT, AS SPECIFIED BY CONDITION NO. 5.2.2. EPA FINDS THAT CDC DID NOT PERFORM ITS ANNUAL PERFORMANCE TEST ON INC3 AT THE REQUIRED 12 MONTH INTERVAL, AS REQUIRED BY CONDITION NO. 4.2.9 OF THE TITLE V PERMIT AMENDMENT (NO. 9431-089-0005-V-01-3). CDC DID NOT CONDUCT A RATA ON BOILERS BL04, BL07, AND BL10 FOR THE ENTIRE 2008 CALENDAR YEAR, AS REQUIRED BY GEORGIA RULE 391-3-1-.02(6)(b)(1)(vi). VIOLATION OF GEORGIA RULE 391-3-1-.02(6)(b)(1)(vi) IS ALSO A VIOLATION OF THE EPA APPROVED GEORGIA SIP, WHICH REQUIRES NOx EMISSION LIMITS AND CONTROLS TO PROVIDE RFP TOWARD ATTAINMENT FOR THE ATLANTA OZONE ATTAINMENT AREA. ORDER REQUIRES: CDC SHALL UPDATE AND SUBMIT ALL OF ITS CDC ENVIRONMENTAL PROCEDURES (CEPs) TO REFLECT PROVISIONS CONTAINED IN ITS CURRENTLY REVISED PART 70 OPERATING PERMIT NO. 9431-089-0005-V-01-0, EFFECTIVE FEB 11, 2009, WITHIN 30 DAYS. CDC SHALL SUBMIT ITS SOPs FOR THE OPERATION OF ITS BOILERS WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER. CDC SHALL SUBMIT THE COMPLETE 2007 ENVIRONMENTAL AUDIT REPORT, INCLUDING ALL OF ITS FINDINGS, WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS ORDER. CDC SHALL SUBMIT THE CURRENT ACTIVITY SCHEDULE FOR THE NEXT ENVIRONMENTAL COMPLIANCE AUDIT THAT IS SCHEDULED TO BE CONDUCTED AT ITS MAIN CAMPUS. BASED ON INFO SUBMITTED BY CDC TO EPA ON OCT 9, 2009, IN RESPONSE TO A FORMAL REQUEST FOR INFO, CDC HAS REPORTED THAT THE NEXT AUDIT IS TO BE CONDUCTED AT THE MAIN CAMPUS IN 2010. THE CURRENT ACTIVITY SCHEDULE SHALL BE SUBMITTED WITHIN 30 DAYS. ADDITIONALLY, THE RESULTS OF THE 2010 ENVIRONMENTAL COMPLIANCE AUDIT SHALL BE SUBMITTED TO EPA AND EPD WITHIN 30 DAYS OF ITS COMPLETION. CDC SHALL SUBMIT AN UPDATED TIMELINE FOR THE INSTALLATION AND OPERATION OF THE NEW INTEGRATED MONITORING SYSTEM THAT HAS BEEN DESCRIBED IN THE INFO SUBMIT BY CDC TO EPA ON OCT 9, 2009, IN RESPONSE TO A FORMAL REQUEST FOR INFO. THE TIMELINE WILL SPECIFY DATES FOR PROJECTED EQUIPMENT AND SOFTWARE DEVELOPMENT AND/OR PURCHASE, THE INSTALLATION AND DEBUGGING OF THE INTEGRATED MONITORING SYSTEM, THE TRAINING OF BOTH THE ENVIRONMENTAL STAFF AND THE FACILITY OPERATORS, AND THE ESTIMATED SYSTEM START UP DATE. THE ORIGINAL START UP DATA PROJECTED IN THE RESPONSE TO THE INFORMATION REQUEST WAS APR 15, 2010. IF THIS DATE WILL CHANGE, PLEASE SPECIFY THE DETAILED RESPONS FOR THE CHANGE AND THE NEW DATE FOR START UP. THIS INFO SHALL BE SUBMITTED WITHIN 30 DAYS. FOR THE TIME PERIOD OF JAN 1, 2008, UNTIL THE PRESENT, SUBMIT DETAILED DOCUMENTATION OF THE NAMES OF ALL BOILER AND INCINERATOR OPERATORS WHO WERE TRAINED AND POSSESSED THE ABILITY TO IMPLEMENT THE CEPs, THE TYPE OF UNITS THEY ARE TRAINED TO OPERATE, AND ALL RELEVANT TRAINING THAT EACH OF THE OPERATORS HAD TO QUALIFY AS AN OPERATOR. ADDITIONALLY, PROVIDE ANY RELEVANT UPDATED TRAINING IN RESPONSE TO CHANGES IN ANY OF THE PROCEDURES THAT HAVE OCCURRED SINCE JAN 1, 2009. THIS INFO SHALL BE SUBMITTED WITHIN 45 DAYS.

Defendants (1)

• CENTERS FOR DISEASE CONTROL AND PREVENTIONNamed in settlement

Facilities (1)

• CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC)

  1600 CLIFTON ROAD NE, ATLANTA, GA, 30333

  Registry ID: 110001766580

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• CENTERS FOR DISEASE CONTROL AND PREVENTION (FF)entered 2010-01-21

  Primary law: CAA

Timeline (2 milestones)

• 2010-01-21Final Order Issued
• 2010-02-23Enforcement Action Data Entered