EPA v. CLEV EL IL-ASHTABULA

Case summary

NATURE OF THE CASE: CLEVELAND ELECTRIC ILLUMINATING(CEI) OWNS & OPERATES 5 ELECTRICITY GENERATING PLANTS IN OH. THESE FACILITIES ARE SUBJECT TO THE OH STATE IMPLEMENTATION PLAN LIMITATIONS ON PARTICUALTE & VISIBLE EMISSIONS. ALL THE PLANTS EXCEPT AVON LAKE ARE IN PRIMARY NON-ATTAINMENT AREAS. CAUSE OF ACTION: ON 1/23/79, A DELAYED COMPLIANCE ORDER(DCO) SIGNED BY CEI Z& EPA BECAME FINAL. SETTING FORTH COMPLIANCE SCHED FOR 16 UNITS AT 4 POWER-PLANTS; ASHTABULA, AVON LAKE, EASTLAKE & LAKE SHORE. ON 6/28/79, EPA ISSUED A NOV TO CEI ADDRESSING PARTICULATE VIOL'S AT THE CANAL ROAD PLANT, WHICH WAS NOT SUBJECT TO THWE DCO. CEI FAILED TO MEET THE FINAL COMPLIANCE DATES FOR SEVERAL UNITS COVERED BY THE DCO. ON 3/17/81, THE GOV'T FILED A COMPLAINT ALLEGING VIOL'S AT 4 OF THE 5 PLANTS . THE ASHTABULA PLANT COMPLIED W/THE DCO. PROPOSED REMEDY: AT THIS POINT ONLY 2 UNITS AT THESE PLANTS HAVE NOT DEMONSTRATED COMPLAINCE AT FULL CAPACITY. CANAL ROAD UNITS 34 & 36. THE OH SIP HAS RECENTLY BEEN REVISED TO ALLOW DEMO- NSTATION OF COMPLIANCE AT DERATED LAODS. THE GOV'T IS NEG' ING A CD W/CEI WHICH WOULD SET FORTH OPERATING PARAMETERS FOR MAINTAINING COMPLIANCE AT THE CANAL ROAD PLANT, AS WELL AS CIVIL PLTY'S FOR PAST VIOL'S. NATIONALLY SIGNIFICANT ISSUES: NONE.

Defendants (1)

• CLEVELAND ELEC ILLUMINATING CONamed in complaintNamed in settlement

Facilities (4)

• CLEVELAND THERMAL ENERGY CORPORATION

  2274 CANAL ROAD, CLEVELAND, OH, 44113

  Registry ID: 110004637643

• FIRSTENERGY CORP - LAKE SHORE PLANT

  6800 S MARGINAL RD, CLEVELAND, OH, 44103

  Registry ID: 110000386500

• FIRSTENERGY ASHTABULA PLANT

  2133 LAKE RD. E., ASHTABULA, OH, 44004

  Registry ID: 110000385002

• ORION POWER AVON LAKE POWER PLANT

  33570 LAKE ROAD, AVON LAKE, OH, 44012

  Registry ID: 110000385173

Statutes cited

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

Enforcement conclusions (1)

• CLEVELAND ELEC ILLUMINATING COentered 1983-08-16

  Primary law: CAA

  Federal penalty: $175,000

Timeline (8 milestones)

• 1980-01-03Referred To Headquarters
• 1980-04-04Referred To Dept Of Justice
• 1981-02-27Referred TO U.S. Attorney
• 1981-03-17Complaint Filed With Court
• 1983-08-16Final Order Lodged
• 1983-08-16Final Order Entered
• 1983-08-16Concluded
• 1989-09-16Enforcement Action Closed