EPA v. FREEBURG, VILLAGE OF

Case summary

VIOLATIONS - 1) FAILURE TO GET A CONSTRUCTION PERMIT PRIOR TO CONSTRUCTION OF THE TWO NEW GENERATORS. ARD ENGINEER IS LOREN DENTON. THIS CASE INVOLVES THE VILLAGE OF FREEBURG (FREEBURG) THAT OWNS AND OPERATES A POWER (ELECTRICITY) PEAKING PLANT IN FREEBURG IL WHICH IS IN A MODERATE NON-ATTAINMENT AREA FOR OZONE. THE FACILITY HAS A TOTAL OF EIGHT GENERATORS. SIX GENERATORS WERE CONSTUCTED DURING THE 1950'S OR 1960'S AND ARE NOT DIRECTLY AT ISSUE IN THIS CASE. THE LAST TWO GERNERATORS WERE CONSTRUCTED WITHOUT A CONSTRUCTION PERMIT IN MARCH 1997 AND ARE THE SUBJECT OF THE CONTROVERSY AT HAND. PLEASE NOTE THAT, ALTHOUGH FREEBURG NEVER HAD A CONST RUCTION PERMIT, IT APPLIED FOR A CONSTUCTION PERMIT SHORTLY AFTER IT BEGAN CONSTURCTION OF THE TWO GENERATORS. FREEBURG HAD PREVIOUSLY FILED AN APPLICATION FOR A TITLE V PERMIT, (ALTHOUGH IT IS QUESTIONABLE WHETHER FREEBURG EVEN NEEDED SUCH A PERMIT). THE STATE OF IL ISSUED THE TILE V PERMIT BUT NOT THE CONSTRUCTION PERMIT. CURRENTLY, FREEBURG HAS A FEDERALLY ENFORCEABLE STATE OPERATING PERMIT (FESOP) APPLICATION PENDING. THE FESOP, IF GRANTED, WILL GIVE FREEBURG A SYNTHETIC MINOR EMISSION LIMITS FOR THE TWO NEW GENERATORS. THIS CASE WAS INITIATED BY DINA DALIANIS (AND PROGRAM) IN 1998, AND THE NOV WAS ISSUED ON SEPTEMBER 28, 1998. AT THE TIME OF THE ISSUANCE OF THE NOV, EPA'S ENFORCEMENT TEAM THOUGHT THAT THIS WOULD BE A VERY STRAIGHTFORWARD CASE; EPA ANTICIPATED ISSUING AN APO FOR FREEBURG'S FAILURE TO GET A CONSTRUCTION PEMIT FOR THE CONSTRUCTION OF THE TWO NEW GENERATORS. THE ISSUE OF CONSTRUCTING THE TWO GENERATORS WITHOUT APPLICATION OF LAER CONTROLS WAS NOT VIEWED BY THE ENFORCEMENT TEAM, AT THAT TIME, TO BE AN ISSUE. SUB- SEQUENTLY, THE VILLAGE OF FREEBURG SUBMITTED SOME AD- DITIONAL INFORMATION AND REQUESTED A SECTION 113 CONFERENCE THAT WAS HELD ON OCTOBER 27, 1998.(SEE NOV AND DALIANIS NOTES OF 113 CONFERENCE. BECAUSE THE VIOLATION WAS MORE THAN A YEAR OLD, WE NEEDED TO FIRST GET A WAIVER FROM EPA HQ AND DOJ BEFORE BRINGING AN ADMINISTRATIVE PENALTY CASE AGAINST FREEBURG. THE PROGRAM AND I DRAFTED A WAIVER REQUEST AND SENT IT TO HQ AND DOJ ON OR ABOUT FEBRUARY 8, 1999. DOJ APPROVED THE WAIVER, BUT HQ DID NOT. HQ INDICATED TO THE REGION THAT IT WAS NOT GRANTING THE WAIVER FOR THE APO BECAUSE THERE WAS A MAJOR UNRESOLVED INJUNCTIVE RELIEF ISSUE. EPA HQ INDICATED THAT, IN ADDITION TO THE VIOLATION FOR FAILURE TO GET A CONSTRUCTION PERMIT, FREEBURG HAD FAILED TO COMPLY WITH ALL REQUIREMENTS FOR EVALUATION AND INSTALLATION OF LAER FOR THE TWO NEW GENERATORS. THEREFORE, FREEBURG WOULD HAVE TO INSTALL LAER AND FOLLOW ALL OF THE REQUIREMENTS RE- GARDING LAER. PLEASE NOTE THAT THERE IS A NOVEMBER 1998 GUIDANCE ON INJUNTIVE RELIEF IN PSD/NSR CASES, THAT IS PROVI DING THE BASIS FOR HQ'S POSITION ON LAER IN THIS MATTER. THE GUIDANCE IS IN THE CASE FILE. WHEN EPA ISSUED THE NOV IN 1998, IT BELIEVED THAT LAER WAS NOT GOING TO BE AN ISSUE IN THIS CASE. THIS IS BECAUSE FREEBURG'S POWER PEAKING PLANT IS RELATIVELY SMALL AND HAS NEVER HAD EMISSIONS IN EXCESS OF THE THRESHOLDS FOR EITHER A MAJOR SOURCE (AT 100 TPY) OR A MAJOR MODIFICATION (AT 40 TPY). FREEBURG'S HIGHEST TOTAL ACTUAL NOX EMMISSIONS WERE 19TPY, WELL UNDER THE MAJOR THRESHOLDS. MOREOVER, FREEBURG HAD A PENDING FESOP APPLICATION THAT SOUGHT MINOR EMISSION LIMITS FOR THE TWO NEWEST GENERATORS. EPF PERMITS BELIEVED THAT THESE LIMITS WOULD BE APPROVED BY THE STATE. INDEED, EPA PERMITS HAD SEEN THE FESOP APPLICATION AND HAD NOT RAISED ANY PRELIMINARY OBJECTIONS, ALTHOUGH NOW THE FESOP APPROVAL IS CURRENTLY ON HOLD. HQ (RICH BIONDI, CAROL HOLMES, CHAR

Defendants (1)

• FREEBURG, VILLAGE OFNamed in complaintNamed in settlement

Facilities (1)

• FREEBURG WEST STP

  14 SOUTHGATE CENTER, FREEBURG, IL, 62243

  Registry ID: 110006678844

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• FREEBURG, VILLAGE OFentered 1999-09-30

  Primary law: CAA

  Federal penalty: $23,000

Timeline (4 milestones)

• 1999-07-30Enforcement Action Data Entered
• 1999-09-22Complaint Filed/Proposed Order
• 1999-09-30Final Order Issued
• 1999-10-20Enforcement Action Closed