# BIO-ENERGY CORP.
> **Judicial** · FY1987 · — · Final Order With Penalty
## Case
- **Activity ID:** `133`
- **Case Number:** 01-1987-0014
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $100K
- **Cost recovery:** —
- **Compliance action $:** $300K
- **Multimedia (multi-env):** N
## Defendants
- BIO-ENERGY CORP. (complaint) (settlement)
## Summary

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.

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*