Document 44V9Be6jd5kpGd6ryq1xmdpaQ

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1201 Elm Street, Suite 500 Dallas, Texas 75270 April 10, 2020 VIA EMAIL: Mr. Russ Snyder CLECO Power, LLC - Coughlin Power Station P.O. Box 5000 Pineville, LA 71361-5000 Re: Clean Air Act Notice of Violation Dear Mr. Snyder: The United States Environmental Protection Agency ("EPA") has identified CLECO Power, LLC ("CLECO Power") as having violated the Clean Air Act ("CAA"), 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder. This Notice of Violation ("Notice") is issued to CLECO Power for violations of the CAA at its Coughlin Power Station located at 2180 St. Landry Hwy, St. Landry, LA 71367 ("the Facility"). Specifically, EPA believes that CLECO Power1 has violated the Louisiana State Implementation Plan ("SIP"). The Notice is issued pursuant to Section 113(a)(1) of the CAA, 42 U.S.C. 7413(a)(1), which requires the Administrator of EPA to notify any person in violation of a SIP or permit of the violation(s). The authority to issue this Notice has been delegated to the Director of the Enforcement and Compliance Assurance Division, EPA Region 6. On October 3, 2019, we sent CLECO Power a letter regarding our Emission Inventory Permit Consistency Review, in which we reviewed the Facility's emission inventory for criteria pollutant and hazardous air pollutant (HAP) emission totals for calendar year 2017, as reported to the Louisiana Department of Environmental Quality ("LDEQ"). As noted in our letter, the Facility's reported annual emission totals exceeded its permit authorization limits. CLECO Power responded via email on October 3, 2019 and provided further information regarding the annual emission totals via email on October 4, 2019. Review of CLECO Power's additional information indicates that although annual emission totals did not exceed permit authorization limits, there were errors in the Facility's inventory of actual emissions reported. 1 Please be advised that some companies may qualify as a "small business" under the Small Business Regulatory Enforcement and Fairness Act (SBREFA). The U.S. Small Business Administration has established a Table of Small Business Size Standards, which can be found at: https://www.sba.gov/sites/default/files/Size_Standards_Table.pdf. The SBREFA Information Sheet provides information on compliance assistance to entities that may qualify as small businesses as well as to inform them of their right to comment to the SBREFA Ombudsman concerning EPA enforcement activities. The SBREFA Information Sheet can be found at: https://nepis.epa.gov/Exe/ZyPDF.cgi/P100BYAV.PDF?Dockey=P100BYAV.PDF. CLECO Power, LLC Notice of Violation CAA Violation We are sending this letter to inform CLECO Power of violations of Louisiana's federally approved SIP at the Facility. LAC 33:III.919.B.1 of the Louisiana SIP, approved at 76 Fed. Reg. 38,977 (July 5, 2011), requires that CLECO Power submit an Annual Emissions Statement to LDEQ consisting of an inventory of the Facility's actual emissions and the permitted emissions limits of volatile organic compounds (VOCs), nitrous oxides (NOX), carbon monoxide (CO), sulfur dioxide (SO2), lead (Pb), particulate matter of 10 microns or less (PM10) and 2.5 microns or less (PM2.5), and ammonia. Actual emissions must be reported for all sources of emissions at the Facility, including fugitive emissions, flash gas emissions, insignificant sources, and excess emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime. Based on its review, EPA finds that CLECO Power violated LAC 33:III.919.B.1 of the Louisiana SIP by failing to report the Facility's actual emissions of VOC for all sources in CLECO's Annual Emissions Statement for reporting year 2017. Opportunity to Confer We appreciate CLECO Power working with us regarding this matter. Please contact Carlos Zequeira, Assistant Regional Counsel, Zequeira.C@epa.gov, (214) 665-8053, within ten (10) business days of receipt of this Notice to discuss an administrative path for quick resolution. Sincerely, Digitally signed by seager.cheryl@epa.gov DN: cn=seager.cheryl@epa.gov Date: 2020.04.09 17:37:07 -05'00' Cheryl T. Seager Director, Enforcement and Compliance Assurance Division ec: Celena Cage, LDEQ (Celena.Cage@la.gov) Page 2 of 2