EPA v. ORRVILLE MUNICIPAL UTILITIES - APO/CAFO

Case summary

On 9/16/15, Region 5 filed a Consent Agreement and Final Order (CAFO) that simultaneously commences and concludes an administrative action under the Clean Air Act (CAA) against City of Orrville, Ohio, regarding its municipal electricity generating plant in Orrville, Ohio (Plant). The CAFO resolves Orrville's alleged violations of Title I, Sections 110 and 111 of the Clean Air Act, Title I, Part C of the CAA, Title V of the CAA, the Ohio State Implementation Plan, as well as the Prevention of Significant Deterioration regulations, Standards of Performance for Small Industrial Commercial-Institutional Steam Generating Units for Which Construction is Commenced After June 19, 1989, and the Title V Permit Program, when it constructed a major modification at its Plant without first obtaining a PSD permit and applying BACT. Under the settlement, Orrville agrees to permanently cease burning coal in its main boiler at the Plant, Boiler 13 and, repower Boiler 13 to natural gas, accept a 10% annual capacity factor on three other coal-fired boilers (Boilers 10, 11, and 12), and comply with corresponding emissions limitations for these boilers and perform associated stack testing. This CAFO also requires the City of Orrville to pay a civil penalty of $25,000 and conduct a $150,000 Environmental Mitigation Project that consists of replacing incandescent municipal street lights with low energy, light emitting diode (LED) fixtures.

Defendants (1)

• ORRVILLE MUNICIPAL UTILITIESNamed in complaintNamed in settlement

Facilities (1)

• DEPARTMENT OF PUBLIC UTILITIES, CITY OF ORRVILLE, OHIO

  1100 PERRY STREET, ORRVILLE, OH, 446670107

  Registry ID: 110009629599

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 (2)

• ORRVILLE MUNICIPAL UTILITIES - APO/CAFOentered 2015-09-16

  Primary law: CAA

  Federal penalty: $25,000

• ORRVILLE MUNICIPAL UTILITIES - AMENDED APO/CAFOentered 2018-09-28

  Primary law: CAA

Timeline (3 milestones)

• 2015-09-16Complaint Filed/Proposed Order
• 2015-09-22Enforcement Action Data Entered
• 2018-09-28Final Order Issued