EPA v. SIGNAL ENERGY SYSTEMS, INC.

Case summary

THIS REFERRAL CONCERNS CAA VIOLATIONS BY SIGNAL ENERGY SYSTEMS, INC. SIGNAL HAS COMMENCED CONSTRUCTION OF A 49.9 MEGAWATT, WOODWASTE FIRED POWER PLANT IN ANDERSON, CA WITHOUT A VALID PREVENTION OF SIGNIFICANT DETERIORATION PERMIT. SECTION 165 OF THE CAA, 42 U.S.C. PROVIDES THAT NO MAJOR EMITTING FACILITY MAY BE CONSTRUCTED IN ANY ATTAINMENT AREA UNLESS A PSD REGION 9 DELEGATED AUTHORITY TO ISSUE PSD PERMI PERMITS IN SHASTA COUNTY TO THE SHASTA COUNTY AIR POLLUTION CONTROL DISTRICT PURSUANT TO 40 CFR. THE BASIS FOR THAT DELEGATION WAS SHASTA COUNTY'S RULE II-PERMITS, WHICH EPA REGION 9 DETERMINED TO BE SUBSTANTIALLY EQUIVALENT TO THE FEDERAL PSD REQUIREMENTS. THE DISTRICT ISSUED A PSD PERMIT TO SIGNAL ON NOVEMBER 13 1986. ON DECEMBER 11, 1986, THE NORTHERN CALIFORNIA PIPE TRADES COUNCIL FILED A PETITION FOR REVIEW OF THE PSD PERMIT ISSUED TO SIGNAL WITH THE ADMINISTRATOR OF EPA PURSUANT TO THE CONSOLIDATED PERMIT REGULATIONS, 40 CFR 124. THE FILING OF THE PETITION STAYED THE EFFECTIVE DATE OF THE PERMIT UNTIL THE APPEAL PROCESS IS COMPLETED 40 CFR 124.15. IN SPITE OF THE APPEAL, SIGNAL BEGAN CONSTRUCTION OF THE POWER PLANT. SECTION 167 OF THE ACT STATES THAT THE ADMINIS- TRATOR SHALL TAKE MEASURES TO PREVENT A FACILITY FROM CON- STRUCTING WITHOUT A PSD PERMIT. SIGNAL ARGUED THAT EPA DELEGATED ITS PERMIT REVIEW AUTHORI AUTHORITY TO SHASTA COUNTY AND THEREFORE, PURSUANT TO DISTRI DISTRICT REGULATIONS, THE PERMIT WAS VALID WHEN ISSUED BY THE COUNTY. EPA BELIEVES THAT SIGNAL'S ARGUMENT IS INCOR- RECT. THE PURPOSE OF THIS REFERRAL IS TO REQUEST DOJ'S ASSIS- TANCE IN OBTAINING AN INJUNCTION RESTRICTING SIGNAL FROM FURTHER CONSTRUCTION OF THE POWER PLANT UNLESS SIGNAL AGREES TO A CONSENT DECREE AND CIVIL PENALTIES IN ACCORDANCE WITH E EPA ENFORCEMENT POLICY. AT A MINIMUM THE CONSENT DECREE SHOULD PREVENT SIGNAL FROM OPERATING THE POWER PLANT WITHOUT A VALID PSD PERMIT AND REQUIRE SIGNAL TO INSTALL THE APPROPRIATE AIR POLLUTION CONTROL EQUIPMENT, IF REQUIRED BY THE FINAL PSD PERMIT.

Defendants (1)

• SIGNALNamed in complaintNamed in settlement

Facilities (3)

• WHEELABRATOR SHASTA INCORPORATED

  20811 INDUSTRY ROAD, ANDERSON, CA, 96007

  Registry ID: 110000527779

• WHEELABRATOR SHASTA INCORPORATED

  20811 INDUSTRY ROAD, ANDERSON, CA, 96007

  Registry ID: 110000527779

• WHEELABRATOR SHASTA INCORPORATED

  20811 INDUSTRY ROAD, ANDERSON, CA, 96007

  Registry ID: 110000527779

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• SIGNAL ENERGY SYSTEM, INC.entered 1988-06-08

  Primary law: CAA

  Federal penalty: $100,000

Timeline (6 milestones)

• 1987-05-13Referred To Dept Of Justice
• 1988-03-15Complaint Filed With Court
• 1988-06-08Concluded
• 1988-06-08Final Order Lodged
• 1988-06-08Final Order Entered
• 1993-07-15Enforcement Action Closed