EPA v. SEWERAGE AND WATER BOARD OF NEW ORLEANS

Case summary

THE BOARD IS IN VIOLATION OF THE STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES (NSPS) PROMULGATED UNDER SEC. 111 OF THE CLEAN AIR ACT, AND THE NATIONAL EMISSION STAND- ARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) UNDER SEC. 112 OF THE CLEAN AIR ACT. SPECIFICALLY, THE BOARD VIOLATED THE FOLLOWING REGULATIONS: NSPS- 40 CFR SEC. 60.7 (A) (1) - (3)- FAILURE TO PROVIDE NOTIFICATION OF CERTAIN DATES FOR THE FLUIDIZED BED IN- CINERATOR (FBI). 40 CFR SEC. 60.8 (A) - FAILURE TO CONDUCT A PERFORMANCE STACK TEST ON THE FBI'S CONTROL DEVICE. 40 CFR SEC. 60.13 (B) - FAILURE TO INSTALL/CALIBRATE REQUIRED MONITORING EQUIPMENT PRIOR TO THE PERFORMANCE STACK TEST OT THE FBI'S CONTROL DEVICE. 40 CFR SEC. 60.155 - FAILURE TO SUBMIT SEMI-ANNUAL REPORTS FOR SUBPART O COMPLAINCE STATUS OF THE FBI. NESHAP - 40 CFR SEC. 61.09 (A) (1) AND (A) (2) - FAILURE TO PROVIDE NOTIFICATIONS OF CERTAIN DATES FOR THE FBI. 40 CFR SEC. 61.10 - FAILURE TO PROVIDE INFORMATION SETS FOR BOTH THE MHF AND THE FBI. 40 CFR SEC. 61.54 (A) (1), (C) (1), AND (F) - FAILURE TO CONDUCT SLUDGE SAMPLING, TESTING AND REPORTING FOR BOTH THE MHF AND THE FBI. 40 CFR SEC. 61.54 (G) - FAILURE TO RETAIN RECORDS OF SLUDGE SAMPLING OR TESTING ON THE MHF AND THE FBI. 5/21/93 - EPA REGION 6 SENT A CLEAN AIR ACT SEC. 114 LETTER TO THE BOARD. 5/21/93 - MR. WILLIAM PALMERO (WALDEMAR S. NELSON AND COM- PANY, INCORPORATED), ON BEHALF OF THE BOARD, REQUESTED AN EXTENSION TO RESPOND TO THE SEC. 114 LETTER REQUEST. 6/12/93 - THE BOARD SUBMITTED A RESPONSE TO THE SEC. 114 LETTER. 7/10/93 - BOBBY BERRY, PROFESSIONAL SERVICES GROUP (PSG), SUBMITTED A SEC. 60.155 SEMI-ANNUAL REPORT OF INCINERATOR OPERATING PARAMETERS TO EPA. THE EAST BANK SEWAGE TREATMENT PLANT (EBSTP) FACILITY, OWNED, MANAGED AND OPERATED BY THE SEWERAGE AND WATER BOAED OF NEW ORLEANS, ( BOARD ) WAS INSPECTED BY THE AIR QUALITY COMPLAINCE DIVISION OF THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY (LDEQ) ON OCTOBER 22, 1991, BY A LDEQ SOUTHEAST REGIONAL OFFICE INSPECTOR, LOUIS E. SHEPPER- GRELL, WHO DISCOVERED EVIDENCE TO SUPPORT THE ISSUANCE OF A STATE NOTICE OF VIOLATION (NOV) ON FEBRUARY 7, 1992. FOLLOW- ING ENFORCEMENT CONFERENCES ON MARCH 4, 1992 AND MAY 7, 1992, THE BOARD SUBMITTED A RESPONSE TO THE STATE NOV ON MAY 21, 1992. LDEQ DETERMINED THAT THE ENFORCEMENT OF NSPS PART 60, SUBPART O WAS WITHIN THE JURISDICTION OF EPA ONLY AND REFERRED ITS FINDINGS TO EPA REGION 6 ON JUNE 9, 1992. THE BOARD RESPONDED TO EPA'S MAY 21, 1992 INFORMATION RE- QUEST ON JULY 12, 1993 AND PROVIDED THE REMAINDER OF THE EVIDENCE TO SUPPORT THE VIOLATIONS CITED. THE SEWERAGE AND WATER BOARD OF NEW ORLEANS (THE BOARD ) CONSISTS OF THE MAYOR OF THE CITY OF NEW ORLEANS, TWO AT- LARGE-MEMBERS OF THE CITY COUNCIL, ONE DISTRICT COUNCILMAN SELECTED BY THE COUNCIL, ONE MEMBER FROM THE BOARD OF LIQUIDATION, ONE MEMBER FROM CITY DEBT, AND SEVEN MEMBERS CONSISTING OF CITIZEN PROPERTY OWNERS APPOINTED BY THE MAYOR. THE EAST BANK SEWAGE TREATMENT PLANT (EBSTP) IS OWNED, MANAGED AND OPERATRD BY THE SEWERAGE AND WATER BOARD OF NEW ORLEANS. IN PREPARATION OF THE BOARD'S RESPONSE TO THE STATE'S NOV AND EPA'S REQUEST FOR INFORMATION, THE SEWERAGE AND WATER BOARD USED THE SERVICES OF WALDEMAR S. NELSON AND COMPANY INCORPORATED, ENGINEERS AND ARCHITECTS OF NEW ORLEANS. TO CONDUCT OPERATION AND MAINTENANCE ON ITS EBSTP, THE SEWERAGE AND WATER BOARD OF NEW ORLEANS CONTRACTED IN JANUARY 1992 WITH PROFESSIONAL SERV

Defendants (1)

• SEWERAGE AND WATER BOARD OF NEW ORLEANSNamed in complaint

Facilities (1)

• WEST BANK SEWAGE TREATMENT PLT

  2900 PEOPLES AVE, NEW ORLEANS, LA, 701225844

  Registry ID: 110003289879

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 113 — Clean Air Act
• CAA 111 — New Source Performance Standards

Timeline (5 milestones)

• 1993-06-30Enforcement Action Data Entered
• 1993-09-30Referred To Dept Of Justice
• 1994-05-02Complaint Filed With Court
• 1994-05-02Concluded
• 1994-05-02Enforcement Action Closed