EPA v. DUKE ZIMMER DYNEGY

Case summary

On January *, 2020, Region 5 filed a Consent Decree (CD) settling a judicial civil action under Section 113(b) of the Clean Air Act with Dynegy Zimmer LLC's (parent company Vistra Energy, William H. Zimmer Generating Station (Zimmer Station) in Moscow, Ohio. In 2008, 2010, and 2014 EPA issued Notice and Finding of Violations (NOVs/FOVs) to the Zimmer Station alleging that the facility exceeded a SO2 Best Available Control Technology and an opacity limitation contained in OAC Chapter 3745-17-07(A)(1) of the Ohio SIP, NSPS Subpart Da, and Prevention of Significant Deterioration (PSD) and Title V Permits. EPA estimates that Dynegy Zimmer?s Clean Air Act non-compliance resulted in over 520 tons per year of excess sulfuric acid mist emissions (causing the opacity exceedances) and 134 tons per year of excess sulfur dioxide emissions. The CD will require that Dynegy Zimmer meet enforceable sulfuric acid mist emission limits to ensure compliance with opacity limitations and continuously comply with existing SO2, opacity, and particulate matter limitations. To comply with the CD, Dynegy Zimmer upgraded its sulfuric acid mist mitigation system in 2014 and has increased regent injection rates to ensure adequate and continuous removal of sulfuric acid. The CD also requires that Dynegy conduct root cause failure analyses (RCFAs) if SO2 emissions exceed certain trigger levels which are set below the permitted emission rates. As part of these RCFAs, Dynegy Zimmer is, among other potential actions, required to place in service all available flue gas desulfurization absorber recirculation pumps. In addition, the CD requires monitoring, stack testing, and reporting to ensure continuous compliance with all terms. As part of the settlement Dynegy will pay a civil penalty of $600,000, complete a $45,000 Supplemental Environmental Project (SEP) and implement a $270,000 Mitigation Project. The SEP will include the replacement of lighting in a public school with more energy efficient fixtures and the mitigation will include the replacement of three older public-school buses with new, cleaner burning, more fuel-efficient buses. EPA has kept Ohio EPA informed of its ongoing settlement discussions with Dynegy Zimmer. Ohio will not be joining EPA on this enforcement matter. While Ohio has expressed agreement with the violations to the extent they have analyzed the evidence in their possession, they stated they were not interested in joining the settlement.

Defendants (1)

• DUKE ZIMMER DYNEGYNamed in complaintNamed in settlement

Facilities (1)

• ZIMMER POWER COMPANY LLC

  1781 US ROUTE 52, MOSCOW, OH, 451539705

  Registry ID: 110000392860

Statutes cited

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

Enforcement conclusions (1)

• DUKE ZIMMER DYNEGYentered 2020-05-08

  Primary law: CAA

  Federal penalty: $600,000 · SEP: $45,000

Timeline (5 milestones)

• 2015-09-24Referred To Dept Of Justice
• 2015-09-29Enforcement Action Data Entered
• 2020-01-28Complaint Filed With Court
• 2020-01-28Final Order Lodged
• 2020-05-08Final Order Entered