EPA v. GEORGIA POWER COMPANY - PLANT SCHERER & BOWEN

Case summary

GEORGIA POWER OPERATES THE SCHERER PLANT, WHICH IS A 4-UNIT COAL-FIRED POWER PLANT. GP OBTAINED STATE CONSTRUCTION PERMITS, AND GRANDFATHERED STATUS FROM THE STATE IN THE MID-1970'S. BUT, THE UNITS DID NOT COME ON LINE UNTIL 1982, 1984, 1987, AND 1989. EPA ALLEGES THAT GP VIOLATED THE PSD PROVISIONS OF THE CAA BY NOT UNDERGOING PSD REVIEW. EPA ALSO ALLEGES THAT GP VIOLATED THE NSPS PROVISIONS OF THE CAA BY NOT COMPLYING WITH NSPS PROVISIONS. 7/31/03 - AMENDED REFERRAL SENT TO DOJ. (FOR AMENDMENT DETAILS, SEE MATTER NUMBER 04-2003-9023). GEORGIA POWER COMPANY IS THE ONLY DEFENDANT IN THE AMENDMENT, ALTHOUGH SAVANNAH ELECTRIC AND POWER COMPANY IS PART OF THE ORIGINAL REFERRAL. CASE SUMMARY: ON NOVEMBER 3, 1999, A CIVIL ACTION WAS FILED IN U.S. DISTRICT COURT AGAINST SOUTHERN COMPANY, WHICH INCLUDES GEORGIA POWER. THE EXISTING ACTION ALLEGES PSD VIOLATIONS AT TWO GEORGIA POWER COAL-FIRED ELECTRICAL GENERATING PLANTS (THREE UNITS TOTAL). THE AMENDED REFERRAL SEEKS TO EXPAND THE EXISTING CASE AGAINST GEORGIA POWER TO SIX ADDITIONAL UNITS AT FOUR PLANTS. SIMILAR TO THE ALLEGATIONS IN THE ORIGINAL FILED ACTION, THE DEFENDANT PERFORMED PLANT MODIFICATIONS TO THE ABOVE-MENTIONED GENERATING PLANTS WHICH RESULTED IN INCREASES OF EMISSIONS FOR NOX, SO2 AND PM. THE DEFENDANT PERFORMED THESE MODIFICATION WITHOUT OBTAINING PSD PERMITS, AND WITHOUT THE REQUIRED INSTALLATION OF UPDATED EMISSION CONTROL TECHNOLOGIES. INJUNCTIVE RELIEF (INSTALLATION OF BACT, MODERN EMISSION CONTROL TECHNOLOGY), AND PENALTY. NO PROPOSED PENALTY HAS BEEN CALCULATED YET. THIS IS PART OF A NATIONAL PSD ENFORCEMENT INITIATIVE AT UTILITIES INDUSTRY WITH AN NUMBER OF SIGNIFICANT/PRECEDENTIAL ISSUES

Defendants (3)

• SAVANNAH ELECTRIC AND POWER COMPANYNamed in complaint
• SOUTHERN COMPANYNamed in complaint
• GEORGIA POWER COMPANYNamed in complaint

Facilities (34)

• BOWEN STEAM ELECTRIC GENERATING PLANT

  317 COVERED BRIDGE RD., CARTERSVILLE, GA, 30120

  Registry ID: 110000356356

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• GEORGIA POWER COMPANY SCHERER STEAM ELECTRIC GENERATING STATION

  10986 HIGHWAY 87, JULIETTE, GA, 31046

  Registry ID: 110007356066

• …and 19 more

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Timeline (4 milestones)

• 1999-09-29Referred To Dept Of Justice
• 1999-10-01Enforcement Action Data Entered
• 1999-11-03Complaint Filed With Court
• 2000-09-30Enforcement Action Closed