EPA v. CLEVELAND THERMAL, LLC

Case summary

The Consent Decree addresses violations of the Prevention of Significant Deterioration and Nonattainment New Source Review (NSR) provisions of the Clean Air Act (CAA), along with associated Ohio State Implementation Plan regulations, and the Standards of Performance for New Stationary Sources of the CAA at Cleveland Thermal's Canal Road Facility in Cleveland, Ohio. EPA identified projects Cleveland Thermal performed in violation of EPA's NSR requirements. Under the terms of the Consent Decree, Cleveland Thermal will retire the boilers (totaling 684 mmBTU/hr of maximum heat input) at the Canal Road Facility, and will either install a natural gas-fired boiler at its Hamilton Avenue Facility or, in the alternative, install a new natural gas-fired cogeneration facility. Installation of a natural gas-fired boiler will result in reductions of SO2 by 902 tons per year (tpy), NOx by 87 tpy, and PM by 49 tpy, compared to current emission levels. Installation of a new natural gas-fired cogeneration facility will result in reductions of SO2 by 890 tpy and PM by 37 tpy, compared to current emission levels, but will increase NOx emissions by 33 tpy. Cleveland Thermal will pay a civil penalty of $75,000 and spend a minimum of $350,000 implementing environmental mitigation projects (EMPs), using good faith efforts to secure as much environmental benefit as possible for the cost expended. Cleveland Thermal is obligated to implement at least one of the following EMPs: 1) acquisition and/or restoration of lands that are part of or adjacent to the Cuyahoga Valley National Park, and that have an ecological or environmental significance to the ecosystems of the Cuyahoga Valley National Park; 2) payment of $150,000 to the National Park Service for the restoration of land, watersheds, vegetation, and forests using techniques designed to improve ecosystem health and mitigate harmful effects from air pollution; 3) replacement of gasoline and diesel-powered fleet vehicles with newly manufactured plug-in hybrid, electric, or compressed natural gas vehicles; and 4) installation of conventional flat panel or thin film solar photovoltaics and/or solar thermal water at state or local government-owned properties and/or properties owned by nonprofit groups.

Defendants (1)

• CLEVELAND THERMAL, LLCNamed in complaintNamed in settlement

Facilities (1)

• CORIX CLEVELAND THERMAL GENERATING LP

  1921 HAMILTON AVENUE, CLEVELAND, OH, 441143515

  Registry ID: 110038502518

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 173 — New Source Review Permit Requirements
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CLEVELAND THERMAL, LLCentered 2015-12-29

  Primary law: CAA

  Federal penalty: $75,000

Timeline (7 milestones)

• 2012-03-30Referred To Dept Of Justice
• 2012-04-02Enforcement Action Data Entered
• 2015-10-26Final Order Lodged
• 2015-10-26Complaint Filed With Court
• 2015-12-29Final Order Entered
• 2021-04-19Enforcement Action Closed
• 2021-04-19Air Resolved