# ULTRAPOWER 2, INC.
> **Judicial** · FY1987 · — · Final Order With Penalty
## Case
- **Activity ID:** `52102`
- **Case Number:** 09-1987-0004
- **Type:** Judicial
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $54K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- PACIFIC ENERGY RESOURCES, INC. (complaint) (settlement)
- ULTRA POWER ENERGY RESOURCES, INC. (complaint) (settlement)
- ULTRAPOWER 2, A GENERAL PARTNERSHIP (complaint) (settlement)
## Summary

ULTRAPOWER OPERATES AN ELECTRICITY PRODUCING, WOOD-FIRED   BOILER LOCATED ON COURTY ROAD A-21, 1/2 MILE WEST OF WEST-   WOOD IN LASSEN COUNTY, CALIFORNIA. TESTS CONDUCTED BY ENERGY SYSTEMS ASSOCIATES ON JULY 18 AND 19, 1985 SHOWED THAT THE   WOOD-FIRED BOILER WAS EMITTING 403 TONS PER YEAR OF CARBON   MONOXIDE.  THIS AMOUNT GREATLY EXCEEDS THE THRESHOLD OF CO   EMISSIONS LEVEL THAT IS PERMISSIBLE FOR A SOURCE TO          CONSTRUCT WITHOUT A PREVENTION OF SIGNIFICANT DETERIORATION  PERMIT FORM EPA. ULTRAPOWER DID NOT OBTAIN A PSD PERMIT      PRIOR TO CONSTRUCTION OF THE ULTRAPOWER 2 FACILITY. IN       ADDITION, THE SOURCE TESTS WERE CONDUCTED WITH THE FACILITY  RUNNING AT 80% OF ITS CAPACITY.  ULTRAPOWER EXPECTS CO       EMISSIONS TO GREATLY EXCEED THIS AMOUNT WHEN THE FACILITY IS RUNNING AT 100% CAPACITY.                                      EPA REGION 9 LEARNED OF THE RESULTS OF THE SOURCE TEST IN  THE FALL OF 1985.  ON NOVEMBER 14, 1985, EPA SENT ULTRAPOWER A NOV STATING THAT ULTRAPOWER HAD CONSTRUCTED AND WAS        OPERATING THE FACILITY WITHOUT A PSD PERMIT IN VIOLATION OF  THE CAA.                                                       REPRESENTATIVES FOR ULTRAPOWER MET WITH EPA PERSONNEL ON   DECEMBER 10, 1985.  THEY DID NOT DISPUTE ULTRAPOWER'S        VIOLATION BUT STATED THAT ULTRAPOWER SHOULD NOT BE PENALIZED BECAUSE THE MANUFACTURER  OF THE BOILER USED AT THE FACILITY HAD GUARANTEED EMISSIONS BELOW THE PSD THRESHOLD LEVELS AND  BECAUSE A VALID PSD PERMIT COULD AND S

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