EPA v. ARIZONA ELECTRIC POWER COOPERATIVE, INC.

Case summary

ARIZONA ELECTRIC POWER COOPERATIVE, INC. ( AEPCO ) IS A RURAL ELECTRIC POWER COOPERATIVE THAT PROVIDES ELECTRIC POWER TO COOPERATIVES IN ARIZONA AND CALIFORNIA. AEPCO OWNS AND OPERATES THE APACHE GENERATING STATION NEAR COCHISE, ARIZONA. THE STATION HAS TWO SIMPLE CYCLE GAS TURBINES, ONE COMBINED CYCLE UNIT AND TWO PULVERIZED COAL- FIRED BOILERS. THESE COAL-FIRED BOILERS ARE KNOWN AS UNIT 2 AND UNIT 3. IN SEPTEMBER 1989, REGION IX REQUESTED AUTHORIZATION FROM THE OFFICE OF ENFORCEMENT ( OE ) TO CONDUCT PRE-REFERRAL NEGOTIATIONS WITH AEPCO REGARDING AEPCO'S OPERATION WITH AEPCO'S PRACTICE OF SOOTHBLOWING ACCUMULATED PARTICULATE MATTER FROM UNIT 3 DIRECTLY INTO THE UNIT'S GAS EXHAUST. THIS PRACTICE CONSTITUTES A FAILURE TO OPERATE AND MAINTAIN EQUIPMENT IN A MANNER CONSISTENT WITH GOOD AIR POLLUTION CONTROL PRACTICES FOR MINIMIZING EMISSIONS, AS REQUIRED BY 40 C.F.R. 60.11(D). OE AUTHORIZED PRE-REFERRAL NEGOTIATIONS REGARDING THIS MATTER ON NOVEMBER 1, 1989. THIS NEW REFERRAL RAISES NEW VIOLATIONS BY AEPCO. REGION IX BECAME AWARE OF THESE ADDITIONAL VIOLATIONS DURING A SETTLEMENT MEETING WITH AEPCO REPRESENTATIVES IN DECEMBER 1991. THE VIOLATIONS STEM FROM AEPCO'S FAILURE TO OBTAIN A CLASS B PERMIT BEFORE CHANGING ITS OPERATION OF POLLUTION CONTROL EQUIPMENT ATTACHED TO UNITS 2 AND 3. THE FAILURE TO OBTAIN A CLASS B PERMIT BEFORE MODIFYING AIR POLLUTION CONTROL EQUIPMENT IS A VIOLATION OF THE ARIZONA STATE IMPLEMENTATION PLAN ( ARIZONA SIP ). THIS REPORT WILL REFER TO THESE VIOLATIONS AS CASE TWO. THROUGH THIS REPORT, REGION 9 REQUESTS APPROVAL OF THE MINIMUM PENALTY AMOUNT FOR THESE ADDITIONAL VIOLATIONS AND APPROVAL TO INCORPORATE DISCUSSION OF THESE VIOLATIONS INTO THE ON-GOING NEGOTIATIONS REGARDING CASE ONE.

Defendants (1)

• ARIZONA ELECTRIC POWER COOPERATIVE, INC.Named in complaint

Facilities (1)

• ARIZONA ELECTRIC POWER COOPERATIVE INCORPORATED APACHE STATION

  3525 HIGHWAY 191, COCHISE, AZ, 85606

  Registry ID: 110043804390

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• **PROPOSED SETTLEMENT**

  Primary law: CAA

Timeline (8 milestones)

• 1991-12-17Enforcement Action Data Entered
• 1992-03-31PRN Sent
• 1992-06-03Referred To Dept Of Justice
• 1993-04-12Final Order Lodged
• 1993-04-12Final Order Entered
• 1993-04-12Complaint Filed With Court
• 1993-04-12Concluded
• 1993-04-12Enforcement Action Closed