EPA v. ULTRAPOWER 2, INC.

Case summary

ULTRAPOWER OPERATES AN ELECTRICITY PRODUCING, WOOD-FIRED BOILER LOCATED ON COURTY ROAD A-21, 1/2 MILE WEST OF WEST- WOOD IN LASSEN COUNTY, CALIFORNIA. TESTS CONDUCTED BY ENERGY SYSTEMS ASSOCIATES ON JULY 18 AND 19, 1985 SHOWED THAT THE WOOD-FIRED BOILER WAS EMITTING 403 TONS PER YEAR OF CARBON MONOXIDE. THIS AMOUNT GREATLY EXCEEDS THE THRESHOLD OF CO EMISSIONS LEVEL THAT IS PERMISSIBLE FOR A SOURCE TO CONSTRUCT WITHOUT A PREVENTION OF SIGNIFICANT DETERIORATION PERMIT FORM EPA. ULTRAPOWER DID NOT OBTAIN A PSD PERMIT PRIOR TO CONSTRUCTION OF THE ULTRAPOWER 2 FACILITY. IN ADDITION, THE SOURCE TESTS WERE CONDUCTED WITH THE FACILITY RUNNING AT 80% OF ITS CAPACITY. ULTRAPOWER EXPECTS CO EMISSIONS TO GREATLY EXCEED THIS AMOUNT WHEN THE FACILITY IS RUNNING AT 100% CAPACITY. EPA REGION 9 LEARNED OF THE RESULTS OF THE SOURCE TEST IN THE FALL OF 1985. ON NOVEMBER 14, 1985, EPA SENT ULTRAPOWER A NOV STATING THAT ULTRAPOWER HAD CONSTRUCTED AND WAS OPERATING THE FACILITY WITHOUT A PSD PERMIT IN VIOLATION OF THE CAA. REPRESENTATIVES FOR ULTRAPOWER MET WITH EPA PERSONNEL ON DECEMBER 10, 1985. THEY DID NOT DISPUTE ULTRAPOWER'S VIOLATION BUT STATED THAT ULTRAPOWER SHOULD NOT BE PENALIZED BECAUSE THE MANUFACTURER OF THE BOILER USED AT THE FACILITY HAD GUARANTEED EMISSIONS BELOW THE PSD THRESHOLD LEVELS AND BECAUSE A VALID PSD PERMIT COULD AND SHOULD BE ISSUED BASED ON THE FACILITY'S CURRENT EMISSIONS AND EMISSIONS CONTROL EQUIPMENT. REGION 9 PERSONNEL BOTH REMINDED THE ULTRAPOWER REPRESENTATIVES THAT CONSTRUCTION AND OPERATION OF THE FACILITY CONSTITUTED VIOLATIONS REGARDLESS OF ANY GOOD FAITH RELIANCE ON MANUFACTURER'S GUARANTEES AND SUGGESTED THAT A CONSENT DECREE REQUIRING ULTRAPOWER TO SEEK AND OBTAIN A PSD PERMIT AND PAY SOME CIVIL PENALTY MIGHT BE NECESSARY TO SETTLE THE MATTER.

Defendants (3)

• PACIFIC ENERGY RESOURCES, INC.Named in complaintNamed in settlement
• ULTRA POWER ENERGY RESOURCES, INC.Named in complaintNamed in settlement
• ULTRAPOWER 2, A GENERAL PARTNERSHIPNamed in complaintNamed in settlement

Facilities (1)

• ULTRAPOWER 2

  COUNTY RD A 21, WESTWOOD, CA, 96137

  Registry ID: 110010595524

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• ULTRAPOWER 2, INC.entered 1987-11-24

  Primary law: CAA

  Federal penalty: $54,000

Timeline (7 milestones)

• 1987-03-31Referred To Dept Of Justice
• 1987-06-03Referred TO U.S. Attorney
• 1987-11-24Final Order Lodged
• 1987-11-24Final Order Entered
• 1987-11-24Complaint Filed With Court
• 1987-11-24Concluded
• 1989-02-02Enforcement Action Closed