EPA v. CARDINAL POWER PLANT - ACO

Case summary

Buckeye Power, Inc. and Cardinal Operating Company violated the 1.2 lb/TBtu 30-day rolling average emission limit for mercury outlined in NESHAP Subpart UUUUU and the Title V permit for the Brilliant, Ohio facility. The violation of the 30-day rolling average emission limit occurred in the Unit 3 coal boiler from December 26, 2021 to January 24, 2022. This ACO requires Cardinal to operate and maintain its coal-fired boilers at all times in accordance with a newly developed mercury management plan (attached to the ACO), and to provide mercury emissions information to the EPA. Cardinal must submit daily 30-boiler operating day rolling average Hg emissions rate (lb/TBtu) at the end of each quarter, and, if any deviation occurred, provide a brief description of the deviation, the duration of the deviation, and the cause of the deviation. There is a concurrent CAFO requiring Cardinal to pay a penalty of $112,621.

Defendants (1)

• CARDINAL POWER PLANTNamed in settlement

Facilities (2)

• CARDINAL POWER PLANT (CARDINAL OPERATING COMPANY)

  306 COUNTY ROAD 7 EAST, BRILLIANT, OH, 439131088

  Registry ID: 110000605426

• CARDINAL POWER PLANT (CARDINAL OPERATING COMPANY)

  306 COUNTY ROAD 7 EAST, BRILLIANT, OH, 439131088

  Registry ID: 110000605426

Statutes cited

• CAA 112D — MACT Standards

Enforcement conclusions (1)

• CARDINAL POWER PLANT - ACOentered 2024-09-13

  Primary law: CAA

Timeline (2 milestones)

• 2024-09-13Final Order Issued
• 2024-09-16Enforcement Action Data Entered