The Consent Decree addresses violations of the Prevention of Significant Deterioration and Nonattainment New Source Review (NSR) provisions of the Clean Air Act (CAA), along with associated Ohio State Implementation Plan regulations, and the Standards of Performance for New Stationary Sources of the CAA at Cleveland Thermal's Canal Road Facility in Cleveland, Ohio. EPA identified projects Cleveland Thermal performed in violation of EPA's NSR requirements.
Under the terms of the Consent Decree, Cleveland Thermal will retire the boilers (totaling 684 mmBTU/hr of maximum heat input) at the Canal Road Facility, and will either install a natural gas-fired boiler at its Hamilton Avenue Facility or, in the alternative, install a new natural gas-fired cogeneration facility. Installation of a natural gas-fired boiler will result in reductions of SO2 by 902 tons per year (tpy), NOx by 87 tpy, and PM by 49 tpy, compared to current emission levels. Installation of a new natural gas-fired cogeneration facility will result in reductions of SO2 by 890 tpy and PM by 37 tpy, compared to current emission levels, but will increase NOx emissions by 33 tpy.
Cleveland Thermal will pay a civil penalty of $75,000 and spend a minimum of $350,000 implementing environmental mitigation projects (EMPs), using good faith efforts to secure as much environmental benefit as possible for the cost expended. Cleveland Thermal is obligated to implement at least one of the following EMPs: 1) acquisition