EPA discovered Phoenix violated its 40% over a 6-minute average opacity limit, seven times on the days of June 16, 2020, July 20, 2021, July 22, 2021, May 12, 2022, and September 28, 2022. Subsequently, EPA issued three NOV/FOV letters to Phoenix on September 28, 2021, August 2, 2022, and February 16, 2023, respectively. There will be a concurrent ACO with this action.
This CAFO requires Phoenix to pay a penalty of $190,860 and resolves the three NOV/FOV?s issued to Phoenix.