EPA v. CITY OF WYANDOTTE

Case summary

EPA cited Wyandotte for violations of NOx, SO2, Opacity and CO violations at two of its units. Several meetings have been held with the company to discuss the allegations and a 114 Request for information was issued July, 2007. EPA alleges the plant failed to comply with emission limits in its state operating permit and in state regulations on opacity, which is the amount of light obscured by particulates such as smoke, dust and ash. The plant was also cited for excessive releases of nitrogen oxide, carbon monoxide and sulfur dioxide. Wyandotte failed to comply with several provisions of a Consent Decree entered by the court on September 13, 2011. EPA sought stipulated penalties for the alleged violations and negotiated modifications to the 2011 Consent Decree through an amended Consent Decree. The amended Consent Decree involves two units at the Wyandotte facility Unit 7 and Unit 8. Both Units are coal-fired boilers. The amended Consent Decree seeks stipulated penalties in the amount of $425,000. The amended Consent Decree also requires Wyandotte to operate Unit 7 by firing only natural gas as fuel and remove from the Michigan emissions inventory and permits the right to burn coal at Unit 7. The amended decree requires Wyandotte comply with an emission limit for NOx no greater than 0.20 lbs-NOx/MMBtu and establishes additional air pollution control equipment for NOx if Wyandotte fails to comply as outlined in the Amended Consent Decree. Finally, the amended Consent Decree requires Wyandotte retire Unit 8 by no later than June 30, 2016. AMENDED CONSENT DECREE: Wyandotte failed to comply with several provisions of a Consent Decree entered by the court on September 13, 2011. EPA sought stipulated penalties for the alleged violations and negotiated modifications to the 2011 Consent Decree through an amended Consent Decree. The amended Consent Decree involves two units at the Wyandotte facility Unit 7 and Unit 8. Both Units are coal-fired boilers. The amended Consent Decree seeks stipulated penalties in the amount of $425,000. The amended Consent Decree also requires Wyandotte to operate Unit 7 by firing only natural gas as fuel and remove from the Michigan emissions inventory and permits the right to burn coal at Unit 7. The amended decree requires Wyandotte comply with an emission limit for NOx no greater than 0.20 lbs-NOx/MMBtu and establishes additional air pollution control equipment for NOx if Wyandotte fails to comply as outlined in the Amended Consent Decree. Finally, the amended Consent Decree requires Wyandotte retire Unit 8 by no later than June 30, 2016.

Defendants (1)

• City of WyandotteNamed in complaintNamed in settlement

Facilities (1)

• WYANDOTTE DEPT MUNICIPAL POWER PLANT

  2555 VAN ALSTYNE STREET, WYANDOTTE, MI, 48192

  Registry ID: 110001680823

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 111 — New Source Performance Standards
• CAA 502 — Operating Permits (Title V)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (2)

• CITY OF WYANDOTTEentered 2011-09-13

  Primary law: CAA

  Federal penalty: $112,000 · SEP: $210,000

• CITY OF WYANDOTTEentered 2016-08-29

  Primary law: CAA

Timeline (8 milestones)

• 2007-09-21Referred To Dept Of Justice
• 2007-10-01Enforcement Action Data Entered
• 2009-09-25Supplemental Referral-Adding parties, counts
• 2011-05-18Complaint Filed With Court
• 2016-06-15Final Order Lodged
• 2016-08-29Final Order Entered
• 2019-03-14Enforcement Action Closed
• 2019-03-14Air Resolved