EPA v. GOPHER RESOURCE CORP

Case summary

Respondent requested the amendment to investigate the use of a sorbent polymer composite membrane technology (SPC Technology) for removal of sulfur dioxide (SO2) as a potential substitute for the dry scrubber it agreed to operate under the original SEP. To date, the SPC Technology has not been used for the primary purpose of SO2 removal. As compared with a dry scrubber, the SPC Technology would result in additional environmental benefits, including the production of sulfuric acid for potential reuse or sale rather than the generation of spent lime which would need to be disposed of in a landfill, and a reduction of electricity use that equates to a reduction of 1,200 tons of CO2 per year. Under the amended CAFO, following the investigation, Respondent will have the option of choosing between two control technologies to limit its SO2 emissions: SPC Technology or a dry scrubber. Respondent has agreed to operate the selected control technology for three years or the date that Respondent obtains a federally-enforceable permit amendment from the State that includes a SO2 emission limit imposed to comply with the 2010 primary National Ambient Air Quality Standard for SO2, whichever is later. In addition, to account for the SO2 emissions resulting from the delay associated with investigating the potential use of the SPC Technology at its facility, Respondent has agreed to further reduce its emissions of SO2 beyond the emission reductions it agreed to as part of the original SEP. Under the original SEP agreement, Respondent would have reduced its SO2 emissions by 1,095 tons per year (tpy) of SO2. This amendment will result in the reduction of an additional 110 tpy of SO2. Respondent paid the full penalty in accordance with the original CAFO's terms.

Defendants (1)

• GOPHER RESOURCE CORPNamed in complaintNamed in settlement

Facilities (1)

• GOPHER RESOURCE LLC

  685 YANKEE DOODLE RD, EAGAN, MN, 551212326

  Registry ID: 110008819494

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (3)

• GOPHER RESOURCE CORPentered 2013-02-20

  Primary law: CAA

  Federal penalty: $75,000 · SEP: $91,631

• GOPHER RESOURCE CORPentered 2014-03-14

  Primary law: CAA

  · SEP: $470,765

• GOPHER RESOURCE CORPentered 2015-09-25

  Primary law: CAA

  · SEP: $1,148,617

Timeline (3 milestones)

• 2013-02-20Complaint Filed/Proposed Order
• 2013-02-26Enforcement Action Data Entered
• 2015-09-25Final Order Issued