EPA v. BARRON COUNTY WASTE TO ENERGY FACILITY - APO/CAFO

Case summary

Barron County Waste to Energy Facility (BCW2E) entered into a CAFO resolving a Finding of Violation (FOV) issued by Region 5 on March 7, 2019, for violations of the Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999, 40 C.F.R. Part 62, Subpart 1.1.1, and BCW2E's associated Title V operating permit requirements. The FOV alleged that BCW2E operated its municipal waste combustion units in excess of the cadmium (Cd) emissions limits, in violation of 40 C.F.R. 62.1516(a)(2) and its Title V permit; failed to stack test until three consecutive years showed compliance with the Cd limit, in violation of 40 C.F.R. ? 62.15250(a) and its TV permit; failed to record the reasons for its low-carbon feed rates, in violation of 40 C.F.R. ?15310(b)(2) and its Title V permit; failed to record the corrective actions required to meet the 8-hour average, in violation of 40 C.F.R. ? 62.15310(b)(3) and its Title V permit; failed to develop a specific operating manual for the plant, as required by 40 C.F.R. ? 62.15115(a)(2) and its Title V permit; failed to have its shift supervisors complete the EPA operator training course in violation of 40 C.F.R. 62.15Jo5(b) and its Title V permit; and exceeded stack opacity average limits at exhaust stack S10 in violation of 40 C.F.R. ? 62.15160 (a)(2) and its Title V permit. During settlement negotiations BCW2E presented evidence that it was currently in compliance and that the cadmium emissions exceedance was a one-day violation that occurred due to the placement of the probe during the stack test. The CAFO requires BCW2E to pay a civil penalty of $33,734.

Defendants (1)

• BARRON COUNTY WASTE TO ENERGY FACILITYNamed in complaintNamed in settlement

Facilities (1)

• BARRON COUNTY WASTE TO ENERGY AND RECYCLING FACILITY

  585 10 1/2 AVE, ALMENA, WI, 548059527

  Registry ID: 110002033834

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 129 — Solid Waste Fuel Combustion

Enforcement conclusions (1)

• BARRON COUNTY WASTE TO ENERGY FACILITY - APO/CAFOentered 2020-05-12

  Primary law: CAA

  Federal penalty: $33,734

Timeline (5 milestones)

• 2020-05-12Final Order Issued
• 2020-05-12Complaint Filed/Proposed Order
• 2020-05-15Enforcement Action Data Entered
• 2020-12-21Enforcement Action Closed
• 2020-12-21Air Resolved