EPA v. PHELPS DODGE TYRONE, INC.

Case summary

1. SECTION 167 0F THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7477. 2. PHELPS DODGE TYRONE, INC. HIGHWAY 90 SOUTH, TYRONE MINE ROAD, P.O. DRAWER 571 TYRONE, GRANT COUNTY, NEW MEXICO 88065 3. RESPONDENT ALLEGED THAT IT WAS NECESSARY TO INCREASE OP- ERATION AT THE POWR PLANT IN RESPONSE TO DRAMATIC CHANGES IN THE AVAILABILITY AND COST OF POWER ON THE WESTERN SYSTEMS COORDINATING COUNCIL ( WSCC ) ELECTRICAL POWER GRID. IN ORDER TO MAXIMIZE ITS ONSITE ELECRRICAL GENERATING CAOACITY, THE RESPONDENT ESTIMATES THAT AN EX- PENDITURES OF APPROXIMATELY $3 MILLION IS NECESSARY FOR THE REPAIR AND MAINTENACE OF ITS POWER PLANT. NMED AND EPA ARE OFP POSITION THAT REPAIRING AND OPERATING THE POWER PLANT WOULD RESULT IN A PHYSICAL CHANGE THEREBY IN- CREASING AIR POLLUTION EMISSIONS ABOVE HISTORICAL LEVELS IN AMOUNTS THAT WOULD EXCEED PSD SIGNIFICANT LEVELS AND CONSTITUTE A PSD MAJOR MODIFICATION OF A MAJOR STATIONARY SOURCE. 4. RELIEF SOUGHT PURSUANT TO SECTION 167 OF THE CAA, EPA AND THE RESPONDENT ENTERED INTO AN ADMINISTRATIVE ORDER ON CONSENT (AOC) IN ORDER TO AVOID PROTRACTED LITIGATION AND TO ASSIST IN ALLEVIATING THE CURRENT ENERGY GENERATION SHORTAGE IN THE WSCC ELECTRICAL GRID. THE AOC REQUIRES THE RESPONDENT TO OBTAIN A PSD PERMIT AND TO COMPLY WITH OPERATING AND REPORTING PROVISIONS OF THE AOC.

Defendants (1)

• PHELPS DODGE TYRONE, INC.Named in settlement

Facilities (1)

• PHELPS DODGE TYRONE INCORPORATED

  HWY. 90 S. & TYRONE MINE RD., TYRONE, NM, 88065

  Registry ID: 110042056333

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• PHELPS DODGE TYRONE, INC.entered 2001-06-22

  Primary law: CAA

Timeline (4 milestones)

• 2001-06-22Complaint Filed/Proposed Order
• 2001-06-22Final Order Issued
• 2001-10-16Enforcement Action Data Entered
• 2002-09-09Enforcement Action Closed