EPA v. STATE OF MICHIGAN DEPT. OF MENTAL HEALTH

Case summary

BACKGROUND AND NATURE OF THE CASE ON FEBRUARY 7, 1986, REGION V ISSUED A NOTICE OF VIOLA- TION TO THE STATE OF MICHIGAN DEPARTMENT OF MENTAL HEALTH FOR EMITTING VISIBLE AIR CONTAMINANTS INTO THE ATMOSPHERE IN VIOLATION OF MAPCC RULE R336.1301, WHICH IS PART OF THE FEDERALLY APPROVED AND ENFORCEABLE MICHIGAN SIP. VISIBLE EMISSIONS FROM THREE OF NORTHVILLE HOSPITAL'S BOILERS HAVE CONSISTENTLY EXCEEDED THESE LIMITS FOR SEVERAL YEARS. CAUSE OF ACTION U.S. EPA IS AUTHORIZED TO BRING SUIT TO ABATE SIP VIOLATIONS AND RECOVER PENALTIES UNDER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE MICHIGAN SIP, NORTHVILLE HOSPITAL WOULD HAVE TO INSTALL POLLUTION CONTROL EQUIPMENT THAT WILL REDUCE THE VISIBLE AIR CONTAMINANTS EMITTED FROM ITS BOILERS. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE THERE ARE NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNI- FICANCE. STATUTORY BASIS SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413(B) DEFENDANT STATE OF MICHIGAN DEPARTMENT OF MENTAL HEALTH LEWIS CASS BUILDING LANSING, MICHIGAN 48926 (517) 373-3500 VIOLATION FAILURE TO COMPLY WITH VISIBLE EMISSION LIMITATIONS CONTAINED IN THE MICHIGAN STATE IMPLEMENTATION PLAN AT BOILER NO. 2 RELIEF SOUGHT COMPLIANCE WITH VISIBLE EMISSION LIMITATIONS, I.E., 20 PERCENT OPACITY, AND A CIVIL PENALTY OF AT LEAST $15,000 CONTACT WITH DEFENDANT MARCH 28, 1986 - SECTION 113 CONFERENCE PRECEDENT NO SIGNIFICANT NATIONAL OR PRECEDENTIAL ISSUES DATE ENFORCEMENT PROCEEDING INITIATED FEBRUARY 7, 1986 - NOTICE OF VIOLATION ISSUED TECHNICAL DATA RECEIVED THE TECHNICAL SUPPORT DOCUMENT NECESSARY FOR PREPARA- TION OF A REFERRAL REACHED THE REGIONAL COUNSEL'S OFFICE ON JUNE 17, 1986. DATE REFERRAL SIGNED BY REGIONAL ADMINISTRATOR JUNE 27, 1986

Defendants (1)

• NORTHVILLE REGIONAL PSYCHIATRIC HOSPITALNamed in complaintNamed in settlement

Facilities (1)

• NORTHVILLE REG PSYCHIATRIC CTR

  41001 W SEVEN MILE RD, NORTHVILLE, MI, 48167

  Registry ID: 110007595307

Statutes cited

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

Enforcement conclusions (1)

• MICHIGAN, DEPT. OF/NORTHVILLEentered 1988-03-10

  Primary law: CAA

  Federal penalty: $9,500

Timeline (7 milestones)

• 1985-12-23Enforcement Action Data Entered
• 1986-06-30Referred To Dept Of Justice
• 1987-04-10Complaint Filed With Court
• 1988-03-10Final Order Entered
• 1988-03-10Concluded
• 1988-03-10Final Order Lodged
• 1988-12-31Enforcement Action Closed