EPA v. GRAIN POWER - TUCUMCARI LTD

Case summary

GRAIN POWER-TUCUMCARI LTD OWNS AND OPERATES A GRAIN FERMENTA TION ETHANOL PLANT IN TUCUMCARI, NM. IT IS SUBJECT TO THE REQUIREMENTS OF 40 CFR PART 60, SUBPART VV, NEW SOURCE PER- FORMANCE STANDARDS. SUBPART VV REGULATES THE SYNTHETIC OR- GANIC CHEMICAL MANUF INDUSTRY AND MORE SPECIFICALLY, THE LEAKS OF VOLATILE ORGANIC COMPOUNDS FROM PROCESS EQUIPMENT. THE ADMINISTRATOR OF EPA HAS DETERMINED THAT FUGITIVE EMIS- SIONS FROM THE SYNTHETIC ORGANIC CHEMICAL MANUF INDUSTRY CAUSE OR CONTRIBUTE SIGNIFICANTLY TO, AIR POLLUTION WHICH MAY REASONABLE BE ANTICIPATED TO ENDANGER PUBLIC HEALTH OR WELFARE. VOC COMPOUNDS REACT IN THE ATMOSPHERE WITH OXIDES OF NITROGEN TO FORM OZONE WHICH IS HARMFUL TO HUMAN HEALTH. * ON 10/22/85 AND 12/23/85, RESPECTIVELY, EPA REGION 6 RE- QUESTED INFORMATION FROM GRAIN POWER, PURSUANT 114 OF CAA, TO DETERMINE IF IT WAS SUBJECT TO NSPS AND IF SO, WHETHER IT WAS IN COMPLIANCE. AFTER REVIEWING GRAIN POWER'S 11/6/85 AND 1/21/86, RESPONSES TO THE 114 LETTERS, EPA DETERMINED THAT GRAIN POWER IS OPERATING ITS ETHANOL PLANT IN VIOLATION OF 40 CFR PART 60, SUBPART VV. * EPA REQUESTS A CIVIL ACTION BE FILED TO COLLECT PENALTIES AC CORDING TO REGIONAL POLICIES REGARDING SIGNIFICANT VIOLA- TORS AND, ALSO REQUIRING GRAIN POWER TO INSTITUTE A VOCS LEAK DETECTION PROGRAM WHICH WILL SATISFY THE REQUIREMENTS OF 40 CFR PART 60, SUBPART VV. * THE MINIMUM PENALTY AMOUNT IS $44,500. THE PROPOSED FIGURE AT WHICH THE GOVT WILL OPEN ANY NEGOTIATIONS OR SETTLEMENT TALKS IS $75,000. THE STATUTORY MAX IN THIS CASE IS $20,250,000. * THE POTENTIAL FOR SETTLEMENT IN THIS CASE IS NIL SINCE THE DEFENDANT THROUGH ITS ATTY HAS ADAMANTLY PURPORTED THAT GRAIN POWER IS NOT LIABLE FOR VIOLATIONS OF THE NSPS REGULA- TIONS CITED IN THE NOV ISSUED AGAINST IT AND THAT IT WILL NOT PAY ANY FINES OR PENALTIES.

Defendants (2)

• GARVEY INDUSTRIES, INC.Named in complaintNamed in settlement
• GRAIN POWER - TUCUMCARI LTDNamed in complaintNamed in settlement

Facilities (1)

• THRIFTWAY MARKETING CORP

  1600 ROCK ISLAND, TUCUMCARI, NM, 88401

  Registry ID: 110010594507

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• GRAIN POWER-TUCUMCARI, LTDentered 1988-04-07

  Primary law: CAA

  Federal penalty: $13,505

Timeline (7 milestones)

• 1986-08-06Enforcement Action Data Entered
• 1986-12-31Referred To Dept Of Justice
• 1987-12-18Complaint Filed With Court
• 1988-04-07Final Order Lodged
• 1988-04-07Final Order Entered
• 1988-04-07Concluded
• 1988-04-19Enforcement Action Closed