EPA v. HOOSIER ENERGY RURAL ELECTRIC

Case summary

NATURE OF THE CASE HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC. OWNS AND OPERATES TWO COAL-FIRED BOILERS AT ITS MEROM GENERATING STATION. THESE BOILERS ARE SUBJECT TO NEW SOURCE PERFORM- ANCE STANDARDS FOR FOSSIIL-FUEL-FIRED STEAM GENERATORS, 40 C.F.R. PART 60, SUBPART D. THE BOILERS ARE OPERATED IN VIOLATION OF THE APPLICABLE NSPS SULFUR DIOXIDE EMISSION LIMITATION, OPERATION AND MAINTENANCE REQUIREMENTS, AND RE- QUIREMENT FOR CONTINUOUS MONITORING OF SULFUR DIOXIDE EMISSIONS. ACTUAL EMISSIONS DURING 1983 WERE APPROXIMATELY 71,500 TONS SULFUR DIOXIDE. ALLOWABLE EMISSIONS WERE AP- PROXIMATELY 30,700 TONS. CAUSE OF ACTION SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413(B), AUTHORIZES THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY TO COMMENCE A CIVIL ACTION TO ABATE VIOLATIONS OF THE ACT, 42 U.S.C. SECTION 7411(E). SECTION 111(E) PROHIBITS NEW SOURCE OPERATION IN VIOLATION OF APPLICABLE NSPS. PROPOSED REMEDY HOOSIER ENERGY MUST INITIATE IMPROVED OPERATION AND MAINTENANCE PROCEDURES AND DESIGN MODIFICATIONS TO THE LIMESTONE FLUE GAS DESULFURIZATION SYSTEM TO ACHIEVE COM- PLIANCE WITH THE APPLICABLE NSPS. THE RELIEF SOUGHT IN- CLUDES AN INJUNCTION REQUIREING DEFENDANT TO EXPEDITIOUSLY COMPLETE SUCH AFFIRMATIVE ACTIONS AS ARE NECESSARY TO ASSURE COMPLIANCE WITH APPLICABLE NSPS AND THE IMPOSITION OF CIVIL PENALTIES UP TO A MAXIMUM OF $25,000 PER DAY FOR EACH VIOLA- TION. ISSUES OF NATIONAL SIGNIFICANCE NONE.

Defendants (1)

• HOOSIER ENERGY RURAL ELECTRIC COOP.Named in complaintNamed in settlement

Facilities (1)

• HOOSIER ENERGY MEROM GENERATING STATION

  5500 HIGHWAY 54 WEST, SULLIVAN, IN, 47882

  Registry ID: 110000592831

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• HOOSIER ENERGY RURAL ELECTRICentered 1986-09-30

  Primary law: CAA

  Federal penalty: $40,000

Timeline (7 milestones)

• 1984-09-28Referred To Dept Of Justice
• 1984-12-31Referred TO U.S. Attorney
• 1985-01-10Complaint Filed With Court
• 1986-09-30Final Order Lodged
• 1986-09-30Final Order Entered
• 1986-09-30Concluded
• 1988-09-30Enforcement Action Closed