EPA v. BOHEMIA INC.

Case summary

BOHEMIA INC. (BOHEMIA) OPERATES TWO WOOD-WASTE FIRED BOILERS (BOILERS #1 AND #2) AT ITS LUMBER MILL AT LINCOLN, CALIFORNIA. BOTH BOILERS ARE SUBJECT TO PREVENTION OF SIGNIFICANT DETERIORATION (PSD) REQUIREMENTS AND BOILER #2 IS SUBJECT TO NEW SOURCE PERFORMANCE STANDARDS (NSPS) REQUIREMENTS. BOHEMIA HAS VIOLATED PROVISIONS OF BOTH THE PSD AND NSPS REGULATIONS IN THE CONSTRUCTION AND OPERATION OF THE BOILERS. IN 1984 BOHEMIA CONSTRUCTED BOILER #1. AT THE TIME OF CONSTRUCTION, IT WAS NOT SUBJECT TO PSD REVIEW BECAUSE BOHEMIA HAD OBTAINED FEDERALLY ENFORCEABLE LIMITATIONS IN A PLACER COUNTY AIR POLLUTION CONTROL DISTRICT (PCAPCD) CONSTRUCTION PERMIT. THOSE EMISSION LIMITS RESTRICTED BOILER #1'S EMISSIONS TO LEVELS BELOW THE PSD APPLICABILITY THRESHOLD. HOWEVER, IN 1985 BOHEMIA OBTAINED AN INCREASED EMISSION LIMIT IN ITS DISTRICT PERMIT FOR BOILER #1. THE INCREASED LIMITS IN THE DISTRICT PERMIT, AS CONFIRMED BY A 1985 SOURCE TEST, MADE BOILER #1 SUBJECT TO PSD REVIEW. BOHEMIA THEN CONSTRUCTED BOILER #2 IN 1986. BOILER #2 IS SUBJECT TO PSD REVIEW AS A MAJOR MODIFICATION TO A MAJOR SOURCE (BOILER #1). BOTH BOILERS ARE OPERATING WITHOUT A PSD PERMIT, IN VIOLATION OF THE PSD REGULATIONS. ON JUNE 13, 1988, EPA SENT BOHEMIA A NOTICE OF VIOLATIO N (NOV) STATING THAT BOHEMIA WAS IN VIOLATION OF THE CLEAN AIR ACT BECAUSE IT HAD CONSTRUCTED A MAJOR MODIFICATION (BOILER #2) AT ITS MAJOR SOURCE FACILITY WITHOUT OBTAINING A VALID PSD PERMIT FROM EPA. ATTACHMENT A. (PSD REVIEW HAS NOT BEEN DELEGATED TO PCAPCD.) ON SEPTEMBER 28, 1988 EPA SENT BOHEMIA ANOTHER NOTICE OF VIOLATION (NOV) FOR THE PSD VIOLATIONS OF BOILER #1. ATTACHMENT B. BOHEMIA HAS ALSO VIOLATED SEVERAL NEW SOURCE PERFOR- MANCE STANDARDS (NSPS) REQUIREMENTS, INCLUDING FAILURE TO INSTALL CONTINUOUS EMISSION MONITORING SYSTEMS (CEMS), FAILURE TO PROVIDE PROPER NOTIFICATION OF TESTING, AND FAILURE TO PROVIDE NOTIFICATION OF COMMENCEMENT OF CONSTURC- TION AND START-UP OF BOILER #2. BOILER #2 IS SUBJECT TO THE NSPS REGULATIONS, 40 CFR PART 60 SUBPARTS A AND DB, SINCE IT IS A STEAM GENERATING BOILER WITH GREATER THAN 100 MMBTUH HEAT INPUT AND WAS CONSTRUCTED AFTER JUNE 19, 1984. BOILER #1 IS APPARENTLY NOT SUBJECT TO NSPS SINCE BOHEMIA HAS NOT YET PRODUCED ANY DOCUMENTATION TO VERIFY THIS CLAIM. EPA MET WITH REPRESENTATIVE OF BOHEMIA ON JULY 12, 1988 AND DISCUSSED BOTH THE PSD AND NSPS VIOLATIONS. BOHEMIA AGREED TO APPLY FOR A PSD PERMIT FOR BOTH BOILERS AND SENT IN AN APPLICATION FOR A PSD PERMIT ON AUGUST 18, 1988. ATTACHMENT C. HOWEVER, BOHEMIA FELT THAT IT WAS THE VICTIM OF MISCOMMUNICATION BETWEEN ITSELF AND EPA. IN A LETTER TO EPA DATED AUGUST 17, 1988, THE COMPANY PRESENTED ITS ARGUMENTS WHY IT SHOULD NOT PAY A CIVIL PENALTY.

Defendants (1)

• BOHEMIA INC.Named in complaintNamed in settlement

Facilities (1)

• SIERRA PACIFIC IND.

  1445 HWY. 65, LINCOLN, CA, 95648

  Registry ID: 110041236123

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• BOHEMIA, INC.entered 1990-12-07

  Primary law: CAA

  Federal penalty: $350,000

Timeline (8 milestones)

• 1988-09-30Referred To Dept Of Justice
• 1989-03-15Returned To Region
• 1989-07-30Rereferred
• 1990-09-14Complaint Filed With Court
• 1990-12-07Final Order Entered
• 1990-12-07Concluded
• 1990-12-07Final Order Lodged
• 1993-07-15Enforcement Action Closed