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February 09 2010 13:44

Hibbing Public Utilities Commission Penalized for Alleged Environmental Permit Violations

Contact: Anne Perry Moore,  218-302-6605 

Duluth, Minn. -- The Minnesota Pollution Control Agency (MPCA) and the Hibbing, Minn., Public Utilities Commission recently reached an agreement resolving the utility’s alleged failure to follow state air quality permit requirements. As a result, the HPUC will pay a $33,000 penalty and fulfill all compliance requirements, including a Supplemental Environmental Project (SEP) to reduce noise valued at more than $19,000. 

Quarterly stack emission monitoring reports submitted from the second quarter of 2008 through the first quarter of 2009 documented emissions exceeding permit limits for carbon monoxide and opacity, an air quality measurement related to particulate air pollution. The HPUC also failed to submit a quarterly monitoring report on time in 2008, noise violations and excessive fugitive dust emissions from ash, coal and wood handling operations. 

The HPUC is making corrective actions including minimizing wood boiler and airborne dust emissions and conducting a noise survey to determine the best way to reduce noise at the facility. Facility staff have also applied for an air quality permit modification which will allow the facility to comply with state air quality rules. 

In addition to the penalty the HPUC agrees to conduct a voluntary SEP worth at least $19,000. The proposed project would modify the existing steam vent silencer to reduce the noise during the start-up or shut down of the wood-fired boiler. 

A SEP addresses environmental concerns and is developed as part of the stipulation agreement. A SEP can be undertaken in lieu of part of a fine for violations of state or federal law, and must be negotiated between and agreed to by the company and the MPCA. It may take the form of a pollution prevention or remediation project, or a change in equipment or manufacturing process. 

A stipulation agreement such as this is one of the tools used to achieve compliance with environmental laws. When calculating penalties, the MPCA takes into account how seriously the violation affected the environment, whether it is a first time or repeat violation and how promptly the violation was reported to appropriate authorities. It also attempts to recover the calculated economic benefit gained by failure to comply with environmental laws in a timely manner. 

For a comprehensive list of enforcement actions by the MPCA, go to the agency Web site at www.pca.state.mn.us/newscenter/enforcement.html