# PHELPS DODGE TYRONE, INC.
> **Administrative - Formal** · FY2001 · — · Unilateral Administrative Order Without Adjudication
## Case
- **Activity ID:** `41467`
- **Case Number:** 06-2001-3307
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Unilateral Administrative Order Without Adjudication
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- PHELPS DODGE TYRONE, INC. (settlement)
## Summary

1. SECTION 167 0F THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC-     TION 7477.                                                2. PHELPS DODGE TYRONE, INC.                                    HIGHWAY 90 SOUTH, TYRONE MINE ROAD, P.O. DRAWER 571          TYRONE, GRANT COUNTY, NEW MEXICO 88065                    3. RESPONDENT ALLEGED THAT IT WAS NECESSARY TO INCREASE OP-     ERATION AT THE POWR PLANT IN RESPONSE TO DRAMATIC            CHANGES IN THE AVAILABILITY AND COST OF POWER ON THE         WESTERN SYSTEMS COORDINATING COUNCIL ( WSCC ) ELECTRICAL     POWER GRID. IN ORDER TO MAXIMIZE ITS ONSITE ELECRRICAL       GENERATING CAOACITY, THE RESPONDENT ESTIMATES THAT AN EX-    PENDITURES OF APPROXIMATELY $3 MILLION IS NECESSARY FOR      THE REPAIR AND MAINTENACE OF ITS POWER PLANT. NMED AND       EPA ARE OFP POSITION THAT REPAIRING AND OPERATING THE        POWER PLANT WOULD RESULT IN A PHYSICAL CHANGE THEREBY IN-    CREASING AIR POLLUTION EMISSIONS ABOVE HISTORICAL LEVELS     IN AMOUNTS THAT WOULD EXCEED PSD SIGNIFICANT LEVELS AND      CONSTITUTE A PSD MAJOR MODIFICATION OF A MAJOR STATIONARY    SOURCE.                                                   4. RELIEF SOUGHT PURSUANT TO SECTION 167 OF THE CAA, EPA AND    THE RESPONDENT ENTERED INTO AN ADMINISTRATIVE ORDER ON       CONSENT (AOC) IN ORDER TO AVOID PROTRACTED LITIGATION AND    TO ASSIST IN ALLEVIATING THE CURRENT ENERGY GENERATION       SHORTAGE IN THE WSCC ELECTRICAL GRID. THE AOC REQUIRES       THE RESPONDENT TO OBTAIN A PSD PE

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