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

Case summary

This order commenced and concluded an action for alleged violations of the Clean Air Act, 42 U.S.C. 7401 et seq. In particular, Region 5 alleges that LBWL's replacement of the secondary superheater, economizer, and a portion of the waterwall tubing in 2010 and 2012 at Erickson Unit 1 were major modifications resulting a significant increase of both NOx and SO2 emissions and triggering New Source Review (NSR) permitting requirements. The terms of the settlement include: o operating the existing selective non-catalytic reduction (SNCR) at the Erickson Station to meet an interim NOx emission rate of 0.170 lbs/mmbtu until 2025; o meeting declining system-wide NOx and SO2 emission caps; o paying a civil penalty of $150,000; and o spending at least $400,000 on an electric vehicle mitigation project. LBWL has two coal-fired power plants: the Erickson Station and the Eckert Station, both located in Lansing, Michigan. The Erickson Station has one coal-fired steam electric generating unit (Unit 1), with about 166 MWg generating capacity and the Eckert Station with 6 smaller coal-fired steam electric generating units (Units 1-6), each with a capacity of 35 to 70 MWg. All units operate with low NOx burners, but have no SO2 emission controls. Erickson also has a SNCR system installed but it is not currently being operated. The alleged modification at Erickson Unit 1 resulted in approximately 17,785 tons of excess SO2 emissions and 4,255 tons of excess NOx emissions from 2011 to 2017. EPA estimates that the interim NOx reductions secured through an administrative settlement with LBWL and requirement to operate the SNCR at Erickson would reduce NOx emissions by approximately 180 tons per year (or 1,200 tons over the 7-year interim period) in addition to decreases in NOx, VOC, and PM, associated with mitigation project.

Defendants (1)

• LANSING BOARD OF WATER & LIGHT- ECKERT & ERICKSONNamed in complaintNamed in settlement

Facilities (2)

• LANSING BOARD OF WATER & LIGHT - ERICKSON STATION

  3725 SOUTH CANAL ROAD, LANSING, MI, 48917

  Registry ID: 110040958425

• LANSING BOARD OF WATER AND LIGHT - REO TOWN PLANT

  1201 SOUTH WASHINGTON AVENUE, LANSING, MI, 48910

  Registry ID: 110000408531

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• LANSING BOARD OF WATER & LIGHT ECKERT & ERICKSON - APO/CAFOentered 2019-09-30

  Primary law: CAA

  Federal penalty: $150,000

Timeline (3 milestones)

• 2019-09-30Complaint Filed/Proposed Order
• 2019-09-30Final Order Issued
• 2019-10-02Enforcement Action Data Entered