EPA v. INDIANA DEPT. OF ADMINISTRATION

Case summary

A. BACKGROUND AND NATURE OF THE CASE: THE DEPT. OF MENTAL HEALTH ADMINISTERS CENTRAL STATE HOSP. WHILE THE DEPT OF ADMINISTRATION (THROUGH ITS PUBLIC WORKS DIV.) IS RESPONSIBLE FOR THE OPERATION AND MAINTENANCE OF THE HOSPITAL'S THREE COAL-FIRED BOILERS. THESE BOILERS PRO- VIDE STEAM FOR VARIOUS USES AT THE HOSPITAL. ON MAY 10, 198 5, REGION V ISSUED A NOTICE OF VIOLATION TO THE HOSP. FOR VI OLATIONS OF SIP RULES APC-3 (OPACITY) AND 325 IAC 6-1-12 (TC P) AT THE THREE BOILERS. AFTER A CONFERENCE WAS HELD PURSU- ANT TO SECTION 113A OF THE ACT, THE DEPT. AGREED TO BRING THE HOSP'S BOILERS INTO COMPLIANCE WITH THE SIP UNDER AN AD- MINISTRATIVE ORDER, PURSUANT TO SECTIONS 113A AND 114A OF THE ACT. THE ORDER, AS ISSUED ON DECEMBER 24, 1985, REQUIRED THAT THE DEPTS. MAKE CERTAIN IMPROVEMENTS TO THE BOILERS, ADD POL LUTION CONTROL EQUIPMENT AND COMPLY WITH APPLICABLE SIP RU- LES BY DECEMBER 20, 1985. IT ALSO REQUIRED THE INSTALLATION OF CONTINUOUS EMISSION MONITORS ( CEM ) FOR OPACITY BY JULY 31, 1986, AND THE PERFORMING OF DAILY VISIBLE EMISSION OBSER VATIONS UNTIL THAT TIME. STACK TESTS CONDUSTED IN JANUARY, FEBRUARY AND JULY 1986, RECENT VISIBLE EMISSIONS OBSERVATION S AND THE FAILURE TO INSTALL THE CEMS DEMONSTRATE THAT THE FACILITY HAS VIOLATED AND CONTINUES TO VIOLATE APC-3, 325 IA C 6-1-12 AND THE DECEMBER 1985 ORDER. THE DEPTS ARE IN VIOLATION OF THE INDIANA SIP AND A FEDER- AL ORDER ISSUED UNDER SECT 113A OF THE ACT. BECAUSE THE HOS PITAL BOILERS ARE MAJOR STATIONARY SOURCES, USEPA IS REQUI- RED TO BRING A CIVIL ACTION TO ABATE THESE VIOLATIONS AND RE COVER CIVIL PENALTIES UNDER SECT 113 OF THE ACT. IN ORDER TO ACHIEVE COMPLIANCE WITH THE SIP AND ADMINISTRA TIVE ORDER, THE DEPTS SHOULD INSTALL ADDITIONAL POLLUTION CONTROL EQUIPMENT ON THE HOSP'S THREE COAL-FIRED BOILERS. A NOTHER POSSIBLE REMEDY WOULD BE TO REPLACE THE COAL-FIRED UNITS WITH ONE(S) FIRED BY NATURAL GAS. THE DEPTS HAVE INDI CATED THAT THEY ARE COMTEMPLATING THE LATTER COURSE.

Defendants (2)

• INDIANA DEPT. OF ADMINISTRATIONNamed in complaintNamed in settlement
• INDIANA DEPT. OF MENTAL HEALTHNamed in complaintNamed in settlement

Facilities (1)

• CENTRAL STATE HOSPITAL

  300 W WASHINGTON ST, INDIANAPOLIS, IN, 46204

  Registry ID: 110010758260

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 113B — Clean Air Act

Enforcement conclusions (1)

• IN.DEPT. MTL HLTH/CENT ST HOSPentered 1988-05-04

  Primary law: CAA

  Federal penalty: $28,000

Timeline (6 milestones)

• 1986-09-30Referred To Dept Of Justice
• 1987-03-05Complaint Filed With Court
• 1988-05-04Final Order Lodged
• 1988-05-04Final Order Entered
• 1988-05-04Concluded
• 1990-01-01Enforcement Action Closed