EPA v. WHITE PINE ELECTRIC POWER LLC

Case summary

This CAFO resolves alleged violations for White Pine Electric Power, LLC, in White Pine, Michigan regarding Prevention of Significant Deterioration (PSD) regulations at 40 C.F.R. � 52.21 and the Michigan State Implementation Plan (SIP). Specifically, White Pine Copper Refinery Incorporated reactivated the two coal-fired boilers currently located at White Pine Electric Power in White Pine, Michigan, after a shutdown from September 1998 to June 2004. White Pine did not continuously demonstrate plans to restart the facility. Therefore, this reactivation constituted an alleged violation of Section 165 of the Clean Air Act, 42 U.S.C. � 7475, 40 C.F.R. � 52.21, 40 C.F.R. Part 70, and the Michigan State Implementation Plan, specifically the Michigan Air Pollution Control Rules, Part 18. Region 5 sent White Pine a Notice and Finding of Violation on August 26, 2009. Under the CAFO, White Pine will convert its 40 megawatt coal-fired boilers to natural gas firing. This agreement is estimated to remove 4000 tons combined annually of SO2 and NOx from what would otherwise be emitted into the environment. Additionally, the boilers will be retired by June 30, 2023. Further, White Pine will pay a $25,000 civil penalty and $75,000 toward environmentally mitigation projects. Environmental mitigation funds will be used for tree planting in Michigan�s Porcupine State Park.

Defendants (1)

• WHITE PINE ELECTRIC POWER LLCNamed in complaintNamed in settlement

Facilities (1)

• WHITE PINE ELECTRIC POWER LLC

  29639 WILLOW ROAD, WHITE PINE, MI, 49971

  Registry ID: 110025332030

Statutes cited

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

Enforcement conclusions (1)

• WHITE PINE ELECTRIC POWER LLCentered 2014-08-19

  Primary law: CAA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2014-08-19Complaint Filed/Proposed Order
• 2014-08-19Final Order Issued
• 2014-08-22Enforcement Action Data Entered
• 2014-09-23Air Resolved