EPA v. YOUNGSTOWN THERMAL

Case summary

NATURE OF THE CASE: YOUNGSTOWN THERMAL CORP (YTC) AND USEPA CONTINUE TO WORK ON DEVELOPING A CD REQUIRING COMPLIANCE BY JAN./1988. THE BACKGROUND OF THE CASE IS AS FOLLOWS: YTC PURCHASED THE NORTH AVENUE STEAM HEATING PLANT FROM OH EDISON ON 10/1/80, ASSUMING OPERATION & OWNERSHIP AT THAT TIME. THE COAL-BURNING PLANT PROVIDES HEATING & PROCESS STEAM TO 117 CUSTOMERS IN DOWNTOWN YOUNGSTOWN. WERE THE PLANT TO CLOSE, OTHER SOURCES OF HEATING & PRO- CESS STEAM WOULD BE AVAILABLE TO THESE CUSTOMERS, AL- THOUGH AT HIGHER RATES. OH EDISON HAD OPERATED AT UNPRO- FITABLE LEVELS FOR YRS. AFTER BEING DENIED PERMISSION TO ABANDON THE PLANT BY THE OH PUBLIC UTILITIES COMMISSION, OH EDISON NEG'D THE SALE TO YTC. FOR A PD OF 2 TO 3 MON- THS BEFORE THE SALE, OH EDISON BURNED OIL RATHER THAN COAL IN THE PLANT'S BOILER UNIT. DURING THIS TIME, THE UNIT WAS IN COMPLIANCE W/PARTICULATE & SULFUR DIOXIDE EMISSION LIMITATIONS. EPA HAS ISSUED A NOV TO OH EDISON ON 5/20/77. OH EDISON HAD NEVER TAKEN ACTION TO CORRECT THE SIGNIFICANT PARTICULATE VIOL'S THAT OCCURED WHEN THE COAL WAS BURNED. YTC THUS PURCHASED THE PLANT W/KNOWLEDGE (1) THAT A VIOL EXISTED & (2) THAT THE PURCHASE OF THE PLANT WOULD NECES- SITATE REMEDIAL ACTION BEING TAKEN BY YTC AS THE NEW OWNER/OPERATOR. A SERIES OF MTG'S BETWEEN EPA REGN 5, OH EDISON CO & YTC TOOK PLACE DURING THE NEG'S FOR THE SALE. THE PURPOSE OF THESE MTG'S WAS, IN THE WORDS OF THE REGN ATTY INVOL- VED, TO GIVE SPECIFIC ENFORCEMENT CONCESSIONS TO THE CORP WHICH WOULD ENABLE CONTINUED OPERATION OF THE FACILITY. THE REGN AIMED TO GIVE YTC BREATHING ROOM & A CHANCE TO ACHIEVE ECONOMIC VIABILITY BY ALLOWING THEM TO GO OUT OF COMPLIANCE & BURN COAL TEMPORARILY AS LONG AS THEY PROM- PTLY INSTALLED CONTROL EQUIPMENT NECESSARY FOR LONG-TERM COAL BURNING. THE OUTCOME OF THESE NEG'S WAS A CD BETWEEN EPA & YTC EMBODYING A SCHED FOR INSTALLATION OF CONTROL EQUIP- MENT TO BE COMPETED BY 6/82. THIS CD WAS CONCURRED IN BY EPA HQ ON 7/10/80. THE DOJ REFERRED THE DECREE TO THE US ATTY ON 7/30/81. IN THE MEANTIME, YTC WAS SUPPOSEDLY PRO- GRESSING ON SCHED W/THE NECESSARY WORK. (THE CD CONTAINED INTERIM DATES IN 1980 & 1981.) LAST FALL, HOWEVER, BEFORE THE CD HAD BEEN LODGED, YTC NOTIFIED THE US ATTY THAT IT COULD NOT COMPLY W/THE TERMS OF THE ORDER & REQUESTED AN EXTENSION UNTIL 4/84 TO ACHIEVE FINAL COMPLIANCE. PROPOSED REMEDY: THE US EPA & DOJ SHOULD DENY THE EXTENSION REQUEST & SEEK SHUTDOWN OF THE SOURCE AS THE MEANS OF COMPLIANCE. THIS REMEDY, ALTHOUGH HARSH, IS AMPLY JUSTIFIED IN THIS CASE FOR THE FOLLOWING REASONS: 1. SEVERE ENVIRONMENTAL HARM: THE EMISSIONS FROM THE PLANT ARE MORE THAN 20 TIMES THE ALLOWABLE SIP EMISSIONS FOR PARTICULATES. THIS IS MORE THAN 1,500 TONS PER YR BEYOND COMPLIANCE LEVEL EMISSIONS. THE PLANT IS IN A HEAVILY POPULATED NONATTAIN- MENT AREA. THESE SERIOUS PARTICULATE VIOL'S HAVE BEEN OCCURRING FOR MANY YRS. 2. FINANCIAL VIABILITY OF THE SOURCE: THE HEATING PLANT HAS HAD A LONG HISTORY OF FINAN- IAL DIFFICULTY. THE NEW OWNERS HAVE HAD AN OPPORTUNITY TO TURN AROUND THESE DIFFICULTIES AND HAVE NOT DONE SO. THE HISTORY OF THE CASE INDICATES THAT YTC IS UNLIKELY TO ACHIEVE FINANCIAL VIABILITY FOR THE PLANT. THE REGN BE- LIEVES THAT THE PLANT IS LIKELY TO SHUT DOWN REGARDLESS OF EPA ACTION. MOST SIGNIFICANTLY, THE CORP SUBMITS AS THE REASON FOR THE EXTENSION ITS PR

Defendants (2)

• YOUNGSTOWN THERMAL CORPORATIONNamed in complaintNamed in settlement
• YOUNGSTOWN THERMAL CORPORATION IINamed in settlement

Facilities (1)

• SOBE THERMAL ENERGY SYSTEMS, LLC

  205 NORTH AVE, YOUNGSTOWN, OH, 445021172

  Registry ID: 110001619758

Statutes cited

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

Enforcement conclusions (2)

• YOUNGSTOWN THERMAL CORP-(CIC)entered 1993-11-19

  Primary law: CAA

• YOUNGSTOWN THERMAL CORP.entered 1988-03-02

  Primary law: CAA

  Federal penalty: $70,953

Timeline (8 milestones)

• 1977-12-19Referred To Headquarters
• 1978-01-24Referred To Dept Of Justice
• 1981-01-19Referred TO U.S. Attorney
• 1983-02-24Complaint Filed With Court
• 1993-11-19Final Order Lodged
• 1993-11-19Final Order Entered
• 1993-11-19Concluded
• 1994-11-22Enforcement Action Closed