EPA v. OHIO DEPT. OF REHAB. & CORRECT. ET AL.

Case summary

SYNOPSIS OF CASE THE STATE OF OHIO AND THE OHIO DEPARTMENT OF MENTAL HEALTH OWN AND OPERATE LONGVIEW STATE HOSPITAL (LONGVIEW) IN CINCINNATI, OHIO. ON DECEMBER 12, 1977, THE NORTH- WESTERN OHIO LUNG ASSOCIATION (NOLA) FILED AN ACTION TO RE- QUIRE COMPLIANCE WITH THE CLEAN AIR ACT (THE ACT), 42 U.S.C. 7413 AND THE OHIO STATE IMPLEMENTATION PLAN (SIP) RULES AP-3-07 AND AP-3-11. ON OCTOBER 26, 1978, THE UNITED STATES WAS REALIGNED AS PLAINTIFF IN THAT ACTION. ON JANUARY 12, 1979, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) ISSUED FINAL APPROVAL OF A DE- LAYED COMPLIANCE ORDER (DCO). LONGVIEW WAS REQUIRED TO IN- STALL AN EMISSION CONTROL SYSTEM NOT LATER THAN JUNE 1, 1979 AND TO ACHIEVE COMPLIANCE WITH THE ACT AND THE SIP NOT LATER THAN JULY 1, 1979. AFTER LONGVIEW'S FAILURE TO COM- PLY WITH THE DCO, U.S. EPA AS REALIGNED PLAINTIFF AMENDED NOLA'S COMPLAINT TO INCLUDE VIOLATIONS OF THE DCO. AFTER EXTENSIVE TRIAL PREPARATION, DEFENDANTS REQUESTED A SETTLE- MENT ON THE EVE OF THE TRIAL. ON MARCH 20, 1981, JUDGMENT ORDER NO. C80-2341 WAS SIGNED. IN PART THE ORDER REQUIRED LONGVIEW TO INSTALL A MECHANICAL COLLECTOR AND TO ACHIEVE AND DEMONSTRATE COMPLIANCE WITH AP-3-07 AND AP-3-11 OF THE OHIO STATE IMPLEMENTATION PLAN (SIP) ON A SCHEDULE. NO EMISSION TESTING HAS BEEN CONDUCTED DUE TO ALLEGED MECHANICAL SYSTEM PROBLEMS ASSOCIATED WITH THE BOILER AND STOKERS. THE CONTINUOUS EMISSION MONITORING EQUIPMENT HAS NOT YET BEEN CERTIFIED BECAUSE OF A FAILURE TO PROVIDE CAL- IBRATION TESTS. LONGVIEW BOILERS NO. 1, 2, AND 3 CONTINUE TO OPERATE EVEN THOUGH THE ORDER HAS BEEN VIOLATED. BECAUSE LONGVIEW HAS FAILED TO MEET THE SCHEDULE AS ORDERED AND HAS CONTINUED TO OPERATE ITS BOILERS IN VIOLATION OF THOSE REQUIREMENTS, REGION V SEEKS IMMEDIATE COMMENCEMENT OF A CONTEMPT ACTION FOR VIOLATION OF THE JUDGMENT ORDER. 10/14/83 REFERRAL OF FACILITY LEBANON CORRECTIONAL INST. NATURE OF REFERRAL THE STATE OF OHIO AND THE OHIO DEPARTMENT OF REHABILI- TATION AND CORRECTION OWN AND OPERATE LEBANON CORRECTIONAL INSTITUTION (LEBANON) IN LEBANON, OHIO. ON NOVEMBER 5, 1976, REGION V ISSUED A NOTICE OF VIOLATION FOR VIOLATIONS OF THE OHIO STATE IMPLEMENTATION PLAN (SIP) RULE AP-3-11, FOR MASS EMISSIONS OF PARTICULATE. REGION V CITED DEFEND- ANTS TWO YEARS LATER FOR OPACITY VIOLATIONS OF SIP RULE AP-3-07 IN A NOTICE OF VIOLATION ISSUED ON NOVEMBER 28,1978. ON DECEMBER 12, 1977, THE NORTHWESTERN OHIO LUNG ASSO- CIATION (NOLA) FILED AN ACTION TO REQUIRE COMPLIANCE WITH THE CLEAN AIR ACT (THE ACT), 42 U.S.C. 7413 AND THE OHIO SIP. ON OCTOBER 26, 1978, THE UNITED STATES WAS REALIGNED AS PLAINTIFF IN THAT ACTION. U.S. EPA AMENDED NOLA'S COM- PLAINT ON NOVEMBER 27, 1978, TO INCLUDE THE LEBANON FACILITY AND BOTH VIOLATIONS UNDER SIP RULES AP-3-07 AND AP-3-11. AFTER EXTENSIVE TRIAL PREPARATION AND ON THE DAY BEFORE TRIAL WAS SET TO BEGIN, DEFENDANTS REQUESTED A SETTLEMENT AND ON MARCH 20, 1981, A JUDGMENT ORDER WAS SIGNED. IN PART, THE ORDER REQUIRED LEBANON TO INSTALL EITHER AN ELEC- TROSTATIC PRECIPITATOR (ESP), A FABRIC FILTER SYSTEM, OR A SIDE-STREAM SEPARATOR SUFFICIENT TO CONTINUALLY ACHIEVE COMPLIANCE WITH THE SIP NOT LATER THAN JULY 18, 1983. LEBANON CHOSE TO INSTALL AN ESP AND A MONITOR HAVE NOT YET BEEN COMPLETED, YET LEBANON CONTINUES TO OPERATE ITS TWO COAL-FIRED BOILERS IN VIOLATION OF THE ORDER. IN ADDITION, RECENT VISIBLE EMISSION READINGS SHOW VIOLATIONS OF OHIO SIP OPACITY RULE AP-3-07, AND FOR THIS REASON, REGION V BELIEVES THAT LEBANON IS OPERATING IN EXCESS OF THE SIP MASS EMISSION LIMIT AP-3-11, AS WELL. BECAUSE LEBANON HAS FAILED TO MEET THE COMPLIANCE SCHEDULE AS ORDERED AND HAS CONTINU

Defendants (13)

• BALL, KENDALNamed in complaintNamed in settlement
• DAHLBER, ERICNamed in complaintNamed in settlement
• GONZALEZ, RAYMOND T.Named in complaintNamed in settlement
• GORCZ, RANDYNamed in complaintNamed in settlement
• OHIO DEPT. OF REHABILITATION & CORRECTIONamed in complaintNamed in settlement
• OHIO DEPT. OF YOUTH SERVICESNamed in complaintNamed in settlement
• ROGERS, JAMES E.Named in complaintNamed in settlement
• SEITER, RICHARDNamed in complaintNamed in settlement
• TATE, ARTHUR JR.Named in complaintNamed in settlement
• HYDE, PAMELA S.Named in complaintNamed in settlement
• JOHNSON, MINNIENamed in complaintNamed in settlement
• MORRIS, T. L.Named in complaintNamed in settlement
• OHIO DEPT. OF MENTAL HEALTHNamed in complaintNamed in settlement

Facilities (7)

• OHIO REFORMATORY FOR WOMEN

  1479 COLLINS AVENUE, MARYSVILLE, OH, 43040

  Registry ID: 110004620312

• CHILLICOTHE CORRECTIONAL INSTITUTE

  15802 STATE ROUT 104 NORTH, CHILLICOTHE, OH, 45601

  Registry ID: 110001623379

• TIFFIN DEVELOPMENTAL CENTER

  600 N. RIVER ROAD, TIFFIN, OH, 44883

  Registry ID: 110001623770

• OPI LEBANON CORRECTIONAL INST

  3791 WEST STREET ROUTE 63, LEBANON, OH, 45036

  Registry ID: 110001121367

• SOUTHEASTERN OHIO YOUTH COMM T

  5000 FAIRFIELD SCHOOL BOYS RD, LANCASTER, OH, 43130

  Registry ID: 110010640716

• LONGVIEW STATE HOSPITAL

  6600 PADDOCK ROAD, CINCINNATI, OH, 45216

  Registry ID: 110010580772

• APPLE CREEK DEVELOPMENTAL CTR

  2532 S APPLE CREEK RD, APPLE CREEK, OH, 44606

  Registry ID: 110004638429

Statutes cited

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

Enforcement conclusions (1)

• OHIO DEPT. OF REHAB. & CORRECT. ET AL.entered 1986-01-14

  Primary law: CAA

  Federal penalty: $95,000

Timeline (8 milestones)

• 1983-10-14Referred To Headquarters
• 1983-11-04Referred To Dept Of Justice
• 1984-03-09Referred TO U.S. Attorney
• 1984-03-09Complaint Filed With Court
• 1986-01-14Final Order Lodged
• 1986-01-14Final Order Entered
• 1986-01-14Concluded
• 1987-01-31Enforcement Action Closed