EPA v. NCRA

Case summary

THIS CASE INVOLVES VIOLATIONS OF THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS, 40 C.F.R. PART 60, SUBPART DB, AT A PETROLEUM REFINERY IN MCPHERSON, KANSAS. SPECIFICALLY, NATIONAL COOPERATIVE REFINERY ASSOCIATION ( NCRA ) FAILED TO INSTALL CONTINUOUS EMISSION MONITORING SYSTEMS ON TWO AFFECTED FACILITIES A THE REFINERY, IN VIOLATION OF 40 C.F.R. SECTION 60.48B(B). SUBPART DB OF THE NSPS REGULATIONS APPLIES TO EACH STEAM GENERATING UNIT (AFFECTED FACILITY) THAT COMMENCES CONSTRUCTION, MODIFICATION, OR RECONSTRUCTION AFTER JUNE 19, 1984, AND THAT HAS A HEAT INPUT CAPACITY FROM FUELS COMBUSTED IN THE STEAM GENERATING UNIT OF GREATER THAN 29 MW (100 MILLION BTU/HOUR). SECTION 60.44(E) ESTABLISHES A LIMIT ON THE EMISSION OF NITROGEN OXIDES (NOS) FROM ANY AFFECTED FACILITY THAT SIMULTANEOUSLY COMBUSTS COAL, OIL, OR NATURAL GAS WITH BYPRODUCT/WASTE. SECTION 60.48B(B) REQUIRES THAT THE OWNER OR OPERATOR OF AN AFFECTED FACILITY SUBJECT TO THE NOX LIMITS SET FORTH IN SECTION 60.44B SHALL INSTALL, CALIBRATE, MAINTAIN AND OPERATE A CONTINUOUS MONITORING SYSTEM FOR MEASURING NOX EMISSIONS FROM THE AFFECTED FACILITY. BASED ON INFORMATION OBTAINED BY THE REGION FROM NCRA, NCRA HAS TWO AFFECTED FACILITIES SUBJECT TO SUBPART DB A THE MCPHERSON PLANT -- BOILERS SB-16 AND SB-17. BOTH OF THESE BOILERS SIMULTANEOUSLY COMBUST NATURAL GAS WITH BYPRODUCT/WASTE (REFINERY GAS) AND ARE THUS SUBJECT TO THE NOX LIMITS SET FORTH INSECTION 60.44B(E). NCRA FAILED TO INSTALL A CONTINUOUS EMISSION MONITORING SYSTEM ( CEMS ) TO MEASURE NOX EMISSIONS FROM EITHER SB-16 OR SB-17, IN VIOLATION OF THE NSPS REGULATIONS. THE RELIEF PROPOSED BY THE REGION IS TO ENTER INTO A CONSENT DECREE WITH NCRA WHICH WOULD REQUIRE INSTALLATION OF CONTINUOUS EMISSION MONITORING SYSTEMS ON BOTH BOILERS AND WHICH WOULD REQUIRE NCRA TO DEMONSTRATE COMPLIANCE WITH THE NOX EMISSION LIMIT FOR BOTH BOILERS. IN ADDITION, THE REGION PROPOSES THAT THE CONSENT DECREE REQUIRE PAYMENT OF A CIVIL PENALTY BY NCRA IN AN AMOUNT CNOSISTENT WITH EPA'S CLEAN AIR ACT STATIONARY SOURCE CIVIL PENALTY POLICY. COMBINED WITH DOCKET NO 07-1994-0292 (CONSENT DECREE).

Defendants (1)

• NCRANamed in complaint

Statutes cited

• CAA 111 — New Source Performance Standards

Timeline (5 milestones)

• 1992-09-04Enforcement Action Data Entered
• 1992-09-29Referred To Dept Of Justice
• 1994-01-12Complaint Filed With Court
• 1994-01-12Concluded
• 1994-01-12Enforcement Action Closed