On January 25, 1999, the Wisconsin Department of Natural Resources ("WDNR") issued a prevention of significant deterioration ("PSD") permit to RockGen Energy Center authorizing construction and operation of a 525-megawatt electric power-generating facility to be located in the town of Christiana, Wisconsin.

U.S. EPA, Region 5 appeals an Initial Decision issued by an EPA administrative law judge ("Presiding Officer") dismissing with prejudice a complaint filed against SchoolCraft Construction Company, Inc. ("SchoolCraft"). In its complaint, the Region had sought a penalty of $ 20,000 against SchoolCraft for alleged violations of the Clean Air Act § 112, 42 U.S.C. § 7412, and certain regulations appearing at Subpart M (National Emission Standard for Asbestos) of the National Emission Standards for Hazardous Air Pollutants ("NESHAP"), 40 C.F.R. Part 61.

This is an appeal by SchoolCraft Construction Company, Inc. ("SchoolCraft") from a Decision Following Remand dated June 23, 1998. This matter arises out of an administrative enforcement action filed against SchoolCraft by the Director of the Air and Radiation Division, U.S. Environmental Protection Agency Region V ("Region"). By the Decision Following Remand, the Presiding Officer held SchoolCraft liable for five violations of Clean Air Act ("CAA") § 112, 42 U.S.C. § 7412, and assessed an aggregate penalty for those violations of $ 20,000.

This proceeding concerns an administrative compliance order, as amended (the "Compliance Order"), EPA Region IV issued under the Clean Air Act ("CAA") to the Tennessee Valley Authority ("TVA"). EPA Administrator Carol M. Browner asked that the Environmental Appeals Board ("Board") reconsider the Compliance Order and issue the Agency's final decision on reconsideration.