EPA v. PAINESVILLE, CITY OF

Case summary

CASE SUMMARY A. DESCRIPTION OF FACILITY THE CITY OF PAINESVILLE IS A MUNICIPAL CORPORATION WHICH OWNS AND OPERATES AN ELECTRIC PLANT KNOWN AS THE PAINESVILLE MUNICIPAL LIGHT PLANT, HAVING AN INSTALLED CAPACITY OF 63 MEGAWATTS. THERE ARE 5 COAL-FIRED BOIILERS AT THE PLANT. AT ISSUE IN THIS CASE IS BOILER NO.5 WHICH HAS A MAXIMUM RATED CAPACITY OF 276.4 MILLION BTU/HR. ALTHOUGH BOILER NO.5 HAS BEEN EQUIPPED WITH THE BEST AVAILABLE CONTROL EQUIPMENT FOR CONTROL OF PARTICULATE MATTER EMISSIONS, NO CONTROL EQUIPMENT HAS BEEN INSTALLED TO CONTROL SO2 EMISSIONS. B. VIOLATIVE CONDUCT ON JUNE 18, 1978, THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, EASTERN DIVISION, FOUND FOR THE UNITED STATES IN A MOTION FOR SUMMARY JUDGMENT REGARDING PAINES- VILLE'S LIABILITY. THE COURT FOUND THAT BOILER NO.5 WAS SUBJECT TO NSPS AND ENJOINED IT FROM OPERATING IN VIOLATION OF THE STANDARDS. ALTHOUGH PAINESVILLE HAS ATTEMPTED TO LIMIT THE COAL FEED SYSTEM OF THE BOILER IN ORDER TO REDUCE ITS CAPACITY TO LESS THAN 250 MILLION BTU/HR, U.S. EPA BELIEVES THE APPROACH IS NOT PERMANENT IN NATURE AND THAT THE SOURCE CONTINUES TO BE SUBJECT TO NSPS. ENGINEERING CALCULATIONS INDICATE THAT BOILER NO.5'S SULFUR DIOXIDE EMISSIONS EXCEED 1.2 LB/MILLION BTU HEAT INPUT. D. HISTORY OF CONTACT WITH THE CITY OF PAINESVILLE SINCE THE LATEST APPEAL TO THE U.S. SUPREME COURT IN NOVEMBER OF 1981, PAINESVILLE HAS DISCUSSED THE POSSIBILITY OF DERATING THE BOILER AS A METHOD OF COMPLIANCE . IN JUNE OF 1982, PAINESVILLE FILED A MOTION TO AMEND OR OTHERWISE MODIFY THE COURT'S ORDER REQUIRING COMPLIANCE WITH NSPS BASED ON THE POSSIBILITY OF A DERATE. THE COURT REFUSED TO HEAR THE MOTION AND TOLD THE PARTIES TO EITHER WORK AT A NEGOTIATED SETTLEMENT OR FILE A MOTION FOR DECLARATORY JUDGMENT. PAINESVILLE DOES NOT CURRENTLY INTEND TO COME INTO COMPLIANCE WITH NSPS. U.S. EPA AND PAINESVILLE HAVE BEEN UNABLE TO AGREE UPON AN ACCEPTABLE PERMANENT DERATE. NEGOTIATIONS ARE ONGOING WITH A MEETING PLANNED IN APRIL'83. E. ISSUES OF NATIONAL SIGNIFICANCE THE MOST IMPORTANT ISSUE WHICH MAY BE RAISED IS WHETHER A SOURCE CAN AVOID THE REQUIREMENTS OF NSPS BY ATTEMPTING TO EFFECTUATE A PERMANENT DERATE.

Defendants (1)

• PAINESVILLE, CITY OFNamed in complaintNamed in settlement

Facilities (1)

• CITY OF PAINESVILLE POWER PLANT

  325 RICHMOND ST., PAINESVILLE, OH, 44077

  Registry ID: 110000385878

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• PAINESVILLE, OHIO, CITY OFentered 1985-04-04

  Primary law: CAA

  Federal penalty: $20,000

Timeline (8 milestones)

• 1983-03-31Referred To Headquarters
• 1983-05-20Referred To Dept Of Justice
• 1985-03-12Referred TO U.S. Attorney
• 1985-03-12Complaint Filed With Court
• 1985-04-04Final Order Lodged
• 1985-04-04Final Order Entered
• 1985-04-04Concluded
• 1988-09-30Enforcement Action Closed