EPA v. BLUE DIAMOND GROWERS

Case summary

BLUE DIAMOND GROWERS ( DEFENDANT ) IS THE CURRENT OWNER AND OPERATOR OF A BIOMASS FIRED COGENERATION FACILITY ( FACILITY ) LOCATED IN SACRAMENTO, CALIFORNIA. A PRIOR OWNER OF THE FACILITY, IMOTEK, INC. ( IMOTEK ), CONSTRUCTED THE FACILITY IN LATE 1980/EARLY 1981. THE ORIGINAL AUTHORITIES TO CONSTRUT ( ATC ) ISSUED BY THE SACRAMENTO COUNTY AIR POLLUTION CONTROL DISTRICT, REQUIRED A WET SCRUBBER TO CONTROL PARTICULATE EMISSIONS AND A THERMAL CONTROL SYSTEM FOR NITROGEN OXIDE EMISSIONS AT THE FACILITY. THE DISTRICT DID NOT REQUIRE AN EMISSION, SINCE IMOTEK HAD ESTIMATED IN THE PERMIT APPLICATION THAT CO EMISSIONS WOULD BE BELOW THE REGULATORY THRESHOLD. DURING START UP OF THE FACILITY IN 1981/1982, IMOTEK EXPERIENCED PROBLEMS WITH EXCESSIVE EMISSIONS OF PARTICU- LATES. SOURCE CONTROL TESTS CONDUCTED BY THE CALIFORNIA AIR RESOURCES BOARD IN APRIL, 1982, SHOWED EMISSION LEVELS OF NOX AND CO ABOVE THE REGULATORY THRESHOLDS. THE LEVELS MADE THE FACILITY SUBJECT TO THE FEDERAL PREVENTION OF SIGNIFICANT DETERIORATION REQUIREMENTS WHICH WERE INCORPORATED INTO THE STATE IMPLEMENTATION PLAN APPLICABLE TO SACRAMENTO COUNTY AT THAT TIME. TO REMEDY THE PARTICULATE PROBLEM, THE DISTRICT ISSUED A REVISED ATC WHICH REQUIRED SUBSTITUTION OF A BAGHOUSE FOR THE WET SCRUBBER AND PERMITTED REMOVAL OF THE THERMAL DE-NOX SYSTEM. THESE MODIFICATIONS RESULTED IN FURTHER INCREASES IN THE COX AND NOX EMISSION LEVELS. THE MODIFICATIONS MADE THE FACILITY SUBJECT TO THE NEW SOURCE REVIEW REQUIREMENTS FOR MAJOR MODIFICATIONS WHICH WERE INCORPORATED INTO THE SIP IN JULY, 1982. IN 1985, IMOTEK SOLD ITS INTEREST IN THE FACILITY TO THE DEFENDANT. NEITHER IMOTEK NOR THE DEFENDANT EVER MET THE PSD OR NSR REQUIREMENTS FOR THE FACILITY. THE DEFENDANT CONTINUES TO OPERATE THE FACILITY IN VIOLATION OF THE PSD AND NSR REQUIREMENTS.

Defendants (1)

• BLUE DIAMOND GROWERSNamed in complaintNamed in settlement

Facilities (1)

• CALIFORNIA ALMOND GROWERS EXCHANGE

  1802 C ST, SACRAMENTO, CA, 95814

  Registry ID: 110009528163

Statutes cited

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

Enforcement conclusions (1)

• CALIFORNIA ALMOND GROWERS EXCHentered 1995-05-23

  Primary law: CAA

  Federal penalty: $437,000

Timeline (8 milestones)

• 1991-01-01Enforcement Action Data Entered
• 1991-09-30PRN Sent
• 1993-09-30Referred To Dept Of Justice
• 1995-03-15Complaint Filed With Court
• 1995-05-23Final Order Lodged
• 1995-05-23Final Order Entered
• 1995-05-23Concluded
• 1995-10-01Enforcement Action Closed