EPA v. ARIZONA PUBLIC SERVICE COMPANY

Case summary

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

Defendants (1)

• ARIZONA PUBLIC SERVICE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• APX CHOLLA STEAM ELECTRIC STN

  OLD U S 66 FRONTAGE RD, JOSEPH CITY, AZ, 86032

  Registry ID: 110017206192

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• ARIZONA PUBLIC SERVICE CO.entered 1992-02-04

  Primary law: CAA

  Federal penalty: $1,310,000

Timeline (7 milestones)

• 1987-07-01Enforcement Action Data Entered
• 1987-09-30Referred To Dept Of Justice
• 1991-12-02Complaint Filed With Court
• 1992-02-04Final Order Lodged
• 1992-02-04Final Order Entered
• 1992-02-04Concluded
• 1994-01-15Enforcement Action Closed