EPA v. KOCH INDUSTRIES, INC.

Case summary

NATURE OF CASE THIS IS A CIVIL ACTION AGAINST KOCH INDUSTRIES INC. PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. 7413(B), SEEKING PENALTIES FOR FAILURE TO COMPLY WITH EPA REGULATIONS RELATING TO THE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) OF THE AIR QUALITY, 40 C.F.R. SECTION 52.21. CAUSE OF ACTION THIS ACTION ALLEGES THAT KOCH CONSTRUCTED AND IS OPERAT- ING A MAFOR MODIFICATION TO ITS NATURAL GAS PROCESSING PLANT IN ADAMS COUNTY, COLORADO, WITHOUT FIRST APPLYING FOR AND RECEIVING A PSD PERMIT FROM EPA. SPECIFICALLY, KOCH INSTALLED TWO GAS-FIRED COMPRESSOR ENGINES AT THE PLANT HAVING THE POTENTIAL TO INCREASE EMISSIONS OF NITROGEN OXIDES BY APPROXIMATELY 89 TONS PER YEAR. THE DE MINIMIS AMOUNT FOR NOX IS 40 TONS PER YEAR. PROPOSED REMEDY EPA SEEKS CIVIL PENALTIES IN THE AMOUNT OF $14,000 AND JUDICIALLY ENFORCEABLE EMISSION LIMITS ON THE TWO NEW ENGINES WHICH WOULD LIMIT THE INCREASE IN NOX EMISSIONS TO LESS THAN 40 TONS PER YEAR. KOCH APPEARS TO BE AGREEABLE TOWARD SETTLEMENT ON THESE TERMS. ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE NONE. USE OF CASE DEVELOPMENT PROCESS A DRAFT COPY OF THE LITIGATION REPORT ON THIS CASE WAS TRANSMITTED TO KEN REICH AT THE DEPARTMENT OF JUSTICE AND TO JUDY KATZ AT EPA HEADQUARTERS ON MAY 16, 1985.

Defendants (1)

• KOCH INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• KOCH INDUSTRIES

  88TH AVE & GUN CLUB ROAD, COMMERCE CITY, CO, 80022

  Registry ID: 110010668893

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• KOCH INDUSTRIES, INC.entered 1986-01-27

  Primary law: CAA

  Federal penalty: $14,000

Timeline (7 milestones)

• 1985-06-19Referred To Dept Of Justice
• 1985-11-15Referred TO U.S. Attorney
• 1985-11-25Complaint Filed With Court
• 1986-01-27Final Order Lodged
• 1986-01-27Final Order Entered
• 1986-01-27Concluded
• 1986-02-01Enforcement Action Closed