Air Enforcement: Louisiana Department of Environmental Quality and New Orleans Energy Provider Enter into Settlement Agreement

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Louisiana Department of Environmental Quality (“LDEQ”) and Brookfield District Energy (“Brookfield”) entered into a Settlement Agreement (“Agreement”) addressing alleged violations of an air permit. See SA-AE-230053.

The Agreement provides that Brookfield owns and/or operates a boiler plant (“Facility”) located in New Orleans, Louisiana.

Appended to the Agreement is a Notice of Potential Penalty (“Notice”) containing Findings of Fact.

The Notice states that the Facility operates or has operated under the authority of a State (Synthetic) Minor Air Permit.

An inspection is alleged to have identified the following violations:

  • Failure to submit Boilers in Oil Operations reports for Steam Boiler No. 1 and Steam Boiler No. 2 due semiannually by the 30th day following the end of the reporting period.
  • Failure to conduct applicable performance stack tests.
  • Failure to prepare certain annual compliance certification reports .
  • Failure to submit annual reports electronically by March 31st for the preceding calendar year.
  • Failure to annually report the operating time for GRP 0001 BOILERCAP by the April 30th deadline for the preceding calendar year.
  • Brookfield denies it committed any violations or that it is liable for any fines, forfeitures and/or penalties.

The Agreement assesses a civil penalty of $7,000.

A copy of the Agreement can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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