DEFENDANT FAILED TO OBTAIN A PSD PERMIT BEFORE IT BEGAN ACT- UAL CONSTRUCTION OF A COGENERATION PLANT CONSISTING OF ONE WOOD-FIRED BOILER. THE PLANT IS IN AN ATTAINMENT AREA & IS A MAJOR STATIONARY SOURCE BECAUSE IT HAS THE POTENTIAL TO E- MIT 250 TONS PER YEAR OF CARBON MONOXIDE, A REGULATED POLL- UTANT UNDER THE ACT. EPA IS SEEKING INJUNCTIVE RELIEF DIRECTING DEFENDANT TO COM- PLY W/THE REQUIREMENTS OF SECT 165 OF THE ACT, AND ASSESS- MENT OF CIVIL PENALTIES OF NOT MORE THAN $25,000 FOR EACH DAY OF VIOLATION. THIS CASE RAISES THE ISSUE OF STATE CONSTRUCTION PERMIT CON- DITIONS WHICH PURPORT TO LIMIT A SOURCE'S STATUS TO THAT OF MINOR AND, HENCE, NOT SUBJECT TO PSD REQUIREMENTS. 01/19/89: ENTERED BY HQ AT REQUEST OF BDR IN RESPONSE TO MEMO FROM E.E. REICH. THIS REFERRAL SEEKS PENALTIES AND INJUNCTIVE RELIEF AGAINST BIO-ENERGY CORPORATION UNDER THE PREVENTION OF SIGNIFICANT DETERIORATION ( PSD ) PROVISIONS OF THE CLEAN AIR ACT.*** SEE NEXT PAGE *** THIS CASE WAS RETURNED TO THE REGION AND ENTERED AS A PRN ON 7/16/93 WITH THE FOLLOWING CASE SUMMARY: THIS PRE-REFERRAL INVOLVES VIOLATIONS OF THE CLEAN AIR ACT BY BIO-ENGERY CORPORATION, A WOOD-FIRED POWER GENERATOR IN WEST HOPKINGTON, NH. THE COMPANY HAS OPERATED A MAJOR STATIONARY SOURCE WITHOUT OBTAINING A PSD PERMIT.