EPA v. MICHIGAN SOUTH CENTRAL POWER AGENCY

Case summary

NATURE OF CASE MSCP IS A NEW UTILITY SUBJECT TO SUBPART DA OF THE NSPS, 40 CFR PART 60. ITS MOST SIGNIFICANT VIOLATION IS ITS FAILURE TO DEMONSTRATE INITIAL COMPLIANCE WITH THE STANDARD FOR PARTICULATE MATTER. ALTHOUGH MSCP HAS AGREED TO CONDUCT A SECOND STACK TEST, U.S. EPA POLICY, ENUNCIATED AS RECENTLY AS JUNE 28, 1984, REQUIRES THE PAYMENT OF AN APPROPRIATE CASH PENALTY. CAUSE OF ACTION MSCP HAS VIOLATED SEVERAL REQUIREMENTS OF NSPS: FAIL- URE TO DEMONSTRATE COMPLIANCE WITH THE STANDARD FOR PARTICU- LATE MATTER UNDER 40 CFR 60.8(A); FAILURE TO SUBMIT TIMELY REPORT OF A STACK TEST UNDER 40 CFR 60.8(A); FAILURE TO GIVE TIMELY NOTICE OF STACK TEST UNDER 60.8(D); FAILURE TO SUBMIT EXCESS EMISSION REPORTS UNDER 40 CFR 60.7(C); FAILURE TO SUBMIT NOTICE OF DATE OF DEMONSTRATION OF PERFORMANCE OF CONTINUOUS EMISSIONS MONITORING SYSTEM UNDER 40 CFR 60.7(A) (5); AND FAILURE TO SUBMIT NOTICES OF ANTICIPATED AND ACTUAL STARTUP DATES UNDER 40 CFR 60.7(A)(2,3). EACH OF THESE ACTS OR OMISSIONS CONSTITUTES A VIOLA- TION OF SECTION 111(E) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7411(E). SECTION 113(B)(3) OF THE ACT AUTHORIZES THE FILING OF A CIVIL ACTION IN SUCH CASES. 42 U.S.C. SECTION 7413(B)(3). PROPOSED REMEDY U.S. EPA SEEKS A SECOND STACK TEST TO DEMONSTRATE COM- PLIANCE WITH THE PARTICULATE MATTER STANDARD. WE ALSO SEEK THE SUBMISSION OF EXCESS EMISSION REPORTS. FURTHERMORE, WE RECOMMEND A PENALTY FOR SETTLEMENT PURPOSES OF NOT LESS THAN $7,500. A PROPOSED CONSENT DECREE IS INCLUDED IN THE AT- TACHMENTS FOR YOUR REVIEW. ISSUES OF NATIONAL SIGNIFICANCE NONE. ALTHOUGH THIS IS BELIEVED TO BE THE FIRST SUB- PART DA NSPS CASE IN REGION V, AND MAY BE THE FIRST IN THE COUNTRY, THERE ARE NOT EXPECTED TO BE ANY ISSUES RAISED OF NATIONAL SIGNIFICANCE.

Defendants (1)

• MICHIGAN SOUTH CENTRAL POWER AGENCYNamed in complaintNamed in settlement

Facilities (1)

• MICHIGAN SOUTH CENTRAL POWER AGENCY ENDICOTT GENERATING STATION

  720 HERRING ROAD, LITCHFIELD, MI, 49252

  Registry ID: 110017431162

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• MICHIGAN S. CENTRAL PWR ACGY.entered 1986-06-13

  Primary law: CAA

  Federal penalty: $7,500

Timeline (7 milestones)

• 1984-09-28Referred To Dept Of Justice
• 1986-03-25Referred TO U.S. Attorney
• 1986-03-28Complaint Filed With Court
• 1986-06-13Final Order Lodged
• 1986-06-13Final Order Entered
• 1986-06-13Concluded
• 1989-09-13Enforcement Action Closed