EPA v. LANSING BOARD OF WATER & LIGHT, ECKERT STATION - APO/CAFO

Case summary

EPA agreed to a Consent Agreement and Final Order (CAFO) for Lansing Board of Water & Light (LBWL) Eckert Station, Lansing, Michigan, to resolve violations regarding the National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Utility Steam Generating Units at 40 C.F.R. Part 63, Subpart UUUUU (also known as the Mercury Air Toxics Standards, or the MATS rule). From April 16, 2016, through June 30, 2018, LBWL reported recurring continuous monitoring downtime greater than 5 percent of total operating time at two coal-fired boilers identified as Units 4 and 5. The continuous monitoring system in question is used to monitor mercury emissions at the two units for compliance with the emission limits in NESHAP Subpart UUUUU. Monitoring downtime at Unit 4 was as high as 34 percent for one of the facility?s semi-annual reporting periods, and monitoring downtime at Unit 5 was as high as 22 percent. The Michigan Department of Environment, Great Lakes, and Energy referred this matter to EPA on April 5, 2018, after determining it was not delegated the authority to enforce the NESHAP. EPA issued a Finding of Violation (FOV) to LBWL on September 28, 2018. The CAFO requires LBWL to pay a civil penalty of $17,500 and to spend $60,0000 on a Supplemental Environmental Project installing renewable energy at a local high school and resolves the FOV.

Defendants (1)

• LANSING BOARD OF WATER & LIGHT, ECKERT STATIONNamed in complaintNamed in settlement

Facilities (1)

• LANSING BOARD OF WATER AND LIGHT - REO TOWN PLANT

  1201 SOUTH WASHINGTON AVENUE, LANSING, MI, 48910

  Registry ID: 110000408531

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• LANSING BOARD OF WATER & LIGHT, ECKERT STATION - apo/cafoentered 2019-09-30

  Primary law: CAA

  Federal penalty: $17,500 · SEP: $60,000

Timeline (5 milestones)

• 2019-09-30Complaint Filed/Proposed Order
• 2019-09-30Final Order Issued
• 2019-10-02Enforcement Action Data Entered
• 2020-12-14Enforcement Action Closed
• 2020-12-14Air Resolved