EPA v. CATERPILLAR TRACTOR

Case summary

NATURE OF CASE CATERPILLER TRACTOR OWNS & OPERATES A GREY-IRON FOUNDRY AT MAPLETON, IL. THE FACILITY INCLUDES A HEATING PLANT WHICH CONSISTS OF 5 SPREADER STOKER BOILERS, 4 OF WHICH (BOILERS #2-#5) ARE THE SUBJECT OF THIS REFERRAL. EACH HAS A DESIGN HEAT INPUT RATE GREATER THAN 250 MILLION BTU PER HR. (MM BTU/HR) AND WAS DESIGNED AND CONSTRUCTED AFTER 8/17/71, THE EFFECTIVE DATE OF THE FEDERAL NEW SOURCE PERFORMANCE STANDARD FOR FOSSIL FUEL-FIRED STEAM GENERATORS (40 CFR PART 60, SUBPART D). REG. 5 HAS FOUND THE BOIULERS TO BE SUBJECT TO THAT STANDARD. THESE BOIL- ERS ARE SUBJECT TO IL. AIR POLLUTION CONTROL REGULATION 203(G)(1)(D), WHICH LIMITS PARTICULATE EMISSIONS FROM COM- BUSTION SOURCES BURNING SOLID FUEL CONSTRUCTED AFTER 5/31 72. RULE 203 (G)(1)(D) IS PART OF THE IL. STATE IMPLEMEN- TATION PLAN (SIP). CATERPILLAR INSTALLED MULTICLONES FOLLOWED BY DUAL ALKALI FLUE GAS DESULFURIZATION (FGD) SYSTEMS ON EACH OF MAPLETON BOILERS TO CONTROL BOTH SULFUR DIOXIDE AND PAR- TICULATE EMISSIONS. (CATERPILLAR ALSO INSTALLED THESE SYS TEMS ON 12 OTHER BOILERS LOCATED AT 4 OTHER PLANTS IN IL.) BOILERS #2 & #3 AT MAPLETON WERE COMPLETED IN LATE 1978- EARLY 1979. PERFORMANCE TESTS WERE PERFORMED ON THESE BOILERS IN JUNE-JULY 1979. THE TESTS SHOWED COMPLIANCE WITH THE NSPS SULFUR DIOXIDE LIMITATION BUT SUBSTANTIAL VIOLATION OF THE NSPS AND IL SIP PARTICULATE LIMITATIONS. THE VIOLATIONS WERE RE-AFFIRMED BY STACK TESTS ON BOILER #3 ON 1/27/82. NO PERFORMANCE TESTS HAVE BEEN PERFORMED ON BOILERS #4 OR #5. WE EXPECT THAT IF THEY WERE TESTED, THE RESULTS WOULD SHOW BOILERS #4 & #5 IN VIOLATION OF THE NSPS AND IL SIP PARTICULATE LIMITS BECAUSE THEY ARE IDENTICAL IN DESIGN TO BOILERS #2 & #3 AND BURN THE SAME COAL. CATERPILLAR INSTALLED OPACITY, SULFUR DIOXIDE & OX. CONTINUOUS EMISSION MONITORS AS REQUIRE BY THE NSPS REG., BUT THE MONITORS HAVE NEVER BEEN OPERATIONAL. NO CERTIFI- CATION TESTS WERE PERFORMED TO VERIFY THEIR ACCURACY; NO EXCESS EMISSION REPORTS HAVE BEEN SUBMITTED AS REQUIRED BY THE REGULATIONS. US EPA ISSUED A FINDING OF VIOLATION TO CATERPILLAR IN 9/1980. IN RESPONSE, CATERPILLAR TOOK THE POSITION, AND HAS REITERATED IT IN ALL SUBSEQUENT NEGOTIATIONS, THAT THE PARTICULATE NSPS IN SUBPART D IS NOT APPLICABLE TO THE MAPLETON BOILERS 1) BECAUSE NO SPREADER STOKER BOILERS (AND ONLY PULVERIZED COAL BOILERS) WERE TESTED IN DEVELOPING THE STANDARD OR 2) BECAUSE THE BOILERS HAVE NOT BEEN OPERATED OVER 210 MM BTU/HR IN A STABLE OPERAT- ING MODE. REG 5 HAS MAINTAINED THAT THE PARTICULATE STAND- ARD IN SUBPART D DOES APPLY TO THESE SPREADER STOKER BOILERS. EPA MADE A FINAL DETERMINATION OF APPLICABILITY AS TO ISSUE 2) ABOVE ON 5/4/81. REG 5 HAS FORWARDED UNDER SEPARATE COVER A REQUEST FOR A FINAL DETERMINATION ON ISSUE (1) TO THE ASS'T. ADMIN. FOR AIR, NOISE & RADIATION ALTHOUGH US EPA & CATERPILLAR HAVE MET TO DISCUSS THE VIOLATIONS ON 3 OCCASIONS SINCE ISSUANCE OF THE FINDING OF VIOLATION, CATERPILLAR HAS STEADFASTLY TAKEN THE POSI- TION THAT THERE IS NOTHING THEY CAN DO WHICH IS COST EFF- ECTIVE TO ACHIEVE THE NSPS AND IL. SIP PARTICLATE EMISSIO LIMITS. REG. 5 BELIEVES THAT MODIFYING THE EXISTING SCRUBBER AND REPLACING THE PRESENT INDUCED DRAFT FANS WITH LARGER FANS, WILL ACHIEVE COMPLIANCE. THE EFFECT OF THESE MODI- FICATIONS WOULD BE TO INCREASE THE PRESSURE DROP ACROSS THE SCRUBBER TO INCREASE ITS REMOVAL EFFICIENCY. THE COST IS ESTIMATED AT $625,000 PER BOILER. THIS CASE INVOLVES A CHALLENGE

Defendants (1)

• CATERPILLAR TRACTOR CO.Named in complaintNamed in settlement

Facilities (1)

• CATERPILLAR INC. - MAPLETON PLANT

  8826 W. RTE. 24, MAPLETON, IL, 615479799

  Registry ID: 110000437965

Statutes cited

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

Enforcement conclusions (1)

• CATERPILLAR TRACTOR COentered 1985-08-02

  Primary law: CAA

  Federal penalty: $225,000

Timeline (10 milestones)

• 1982-04-01Referred To Headquarters
• 1983-02-25Returned To Region
• 1983-05-01Rereferred
• 1983-06-28Referred To Dept Of Justice
• 1983-07-08Referred TO U.S. Attorney
• 1983-07-11Complaint Filed With Court
• 1985-08-02Final Order Lodged
• 1985-08-02Final Order Entered
• 1985-08-02Concluded
• 1990-01-01Enforcement Action Closed