EPA v. COMBUSTION ENGINEERING, INC./GREATER DETROIT RESOURCE REC'RY

Case summary

(CASE SUMMARY SUBMITTED, 11/05/86, BY HQ ATTY, TO BE ADDED LATER.---W.B.) I. SYNOPSIS OF CASE THIS CASE IS REFERRED FOR THE PURPOSE OF ENJOINING THE GRE ATER DETROIT RESOURCE RECOVERY AUTHORITY (GDRRA) AND COMBUS- TION ENGINEERING, INC. (CE) FROM FURTHER CONSTRUCTION OF THE DETROIT RESOURCE RECOVERY FACILITY (THE FACILITY) WITHOUT AP PROPRIATE EMISSION LIMITATIONS ON PARTICULATE MATTER AND CAR BON MONOXIDE. THE CAA, 42 USC 7401 ET SEQ. (THE ACT) REQUIRES THAT EMIS- SIONS OF CERTAIN POLLUTANTS FOR WHICH AN AREA HAS NOT ATTAIN ED THE NATL AMBIENT AIR QUALITY STANDARDS (NAAQS), BE LIMIT- ED BY THE LOWEST ACHIEVABLE EMISSION RATE (LAER). 42 USC 750 3. PERMITS GRANTED TO SOURCES THAT WILL BE CONSTRUCTED IN A NONATTAINMENT AREA MUST CONTAIN LAER FOR EACH NONATTAINMENT POLLUTANT. ON NOVEMBER 9, 1984, THE MICHIGAN AIR POLLUTION CONTROL CO MMISSION (MAPCC) ISSUED A PERMIT TO CE FOR CONSTRUCTION OF THE DETROIT FACILITY. THE PERMIT DOES NOT REQUIRE THE FACI- LITY TO OPERATE AT EMISSION CONTROL LIMITS THAT ARE CONSIS- TENT WITH THE DEFINITION OF LAER AT 42 USC 7501. IN ADDITION THE FEDERALLY APPROVED MICHIGAN SIP REQUIRES LAER IN PERMITS FOR ALL NEW SOURCES LOCATED IN NONATTAINMENT AREAS. USEPA ISSUED FINDINGS OF VIOLATION (FOVS) ON MAY 12, 1986, TO BOTH THE STATE OF MICHIGAN AND CE FOR VIOLATION OF THE SIP AND PART D OF THE ACT BECAUSE OF THE FAILURE TO IMPOSE LAER IN THE MAPCC PERMIT ISSUED TO CE. A NOTICE OF VIOLA- TION (NOV) DATED MAY 28, 1986, WAS SENT TO CE FOR COMMENCE- MENT OF CONSTRUCTION OF A MAJOR SOURCE IN A NONATTAINMENT AREA WITHOUT A PERMIT REQUIRING LAER, IN VIOLATION OF THE MI CHIGAN SIP AND THE ACT. THE GDRRA WAS CITED BY USEPA FOR COMMENCEMENT OF CONSTRUCTION OF A MAJOR SOURCE IN A NONATTAI NMENT AREA WITHOUT LAER IN AN NOV DATED JUNE 12, 1986. SUBSEQUENT TO THE ISSUANCE OF THE FOVS AND NOVS REGION V HAS MET WITH BOTH THE GDRRA AND CE TO DISCUSS SETTLEMENT OF THE MATTER. A CONSENT DECREE HAS BEEN DRAFTED AND THE TERMS ARE UNDER NEGOTIATION. THE STATE OF MICHIGAN HAS EXPRESSED A DESIRED TO JOIN THE NEGOTIATIONS AND NONE OF THE OTHER PAR TIES HAVE OBJECTED. CONSTRUCTION OF THE FACILITY CONTINUES WITH ON-SITE WORK AND OFF-SITE FABRICATION OF POLLUTION CONTROL EQUIPMENT. A COMPANION CASE HAS BEEN BROUGHT BY THE GDRRA AND CE TO PREVENT EPA FROM INVALIDATING A PORTION OF THE SAME PERMIT WITH REGARD TO SO2 EMISSIONS FROM THE FACILITY. THE CASE IS FILED IN THE EASTERN DISTRICT OF MICHIGAN AND IS SET FOR AU- GUMENT ON CROSS-MOTIONS FOR SUMMARY JUDGMENT ON OCTOBER 2, 1986. NOTE: A CITIZEN SUIT WAS GOING TO BE FILED BUT THE NOV WAS FILED BY EPA FIRST. OTHER CASES IN CONJUCTION WITH THIS CASE ARE: SIERRA CLUB, DETROITY AUDUBON SOCIETY SOCIETY AND NORTH CASS COMMUNITY.

Defendants (1)

• COMBUSTION ENGINEERINGNamed in complaintNamed in settlement

Facilities (1)

• DETROIT RESOURCE RECOVERY FACI

  RUSSELL & FERRY STS, DETROIT, MI, 48211

  Registry ID: 110010701589

Statutes cited

• CAA PARTD — New Source Review Permit Requirements
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• GREATER DETROIT RES REC/COMBUSentered 1988-08-04

  Primary law: CAA

Timeline (8 milestones)

• 1986-09-29Referred To Dept Of Justice
• 1987-02-10Returned To Region
• 1987-04-24Rereferred
• 1987-12-10Complaint Filed With Court
• 1988-08-04Concluded
• 1988-08-04Enforcement Action Closed
• 1988-08-04Final Order Lodged
• 1988-08-04Final Order Entered