EPA v. ALABAMA POWER COMPANY

Case summary

ln August 24, 2015, the U.S. District Court for the Northern District of Alabama entered the modification to a prior 2006 consent decree that was agreed to by the EPA, the U.S. Department of Justice, and Alabama Power Company. The modified consent decree will result in further reductions of harmful air pollutants, primarily sulfur dioxide (SO2) and nitrogen oxide (NOX), from three of Alabama Power?s coal-fired power plants in Alabama. The modifications resolve the remaining claims in a long-running case that alleged violations of the Clean Air Act's New Source Review program. The pollution reductions will be achieved through operation of state-of-the-art pollution control devices, the conversion of four units from the use of coal to natural gas, and the retirement of three other units. Specifically, Alabama Power is required to: Beginning April 1, 2016, operate SCR technology at Plant Gorgas Unit 10 on a year-round basis, and comply with a 30-day rolling average NOX emission rate of 0.100 lb/mmBtu and a 365-day rolling average NOX emission rate of 0.220 lb/mmBtu; Beginning April 1, 2016, operate FGD technology at Plant Gorgas Unit 8, Unit 9, and Unit 10 on a year-round basis, and comply with a 30-day rolling average removal efficiency of 95% for SO2 emissions; Beginning 60 days after entry of the consent decree modification, combust only natural gas in Plant Barry Unit 1 and Unit 2, and comply with a 30-day rolling average NOX emission rate of 0.200 lb/mmBtu; Beginning January 1, 2017, combust only natural gas in Plant Greene County Unit 1 and Unit 2, and comply with a 30-day rolling average NOX emission rate of 0.280 lb/mmBtu and a total annual NOX emission limitation of 4,790 tons per year; and No later than 60 days after entry of the consent decree modification, permanently retire Plant Barry Unit 3, Plant Gorgas Unit 6, and Plant Gorgas Unit 7. Alabama Power is also required to pay a $100,000 penalty, and within three years after entry of the consent decree modification, it must spend at least $1.5 million on providing electrical charging infrastructure for electric airport service vehicles and passenger cars.

Defendants (1)

• ALABAMA POWER COMPANYNamed in settlement

Facilities (66)

• ALABAMA POWER COMPANY PLANT GASTON

  31972 HIGHWAY 25, WILSONVILLE, AL, 35186

  Registry ID: 110000589097

• ALABAMA POWER COMPANY PLANT GASTON

  31972 HIGHWAY 25, WILSONVILLE, AL, 35186

  Registry ID: 110000589097

• ALABAMA POWER COMPANY GORGAS STEAM PLANT

  460 GORGAS ROAD, PARRISH, AL, 35580

  Registry ID: 110000367380

• ALABAMA POWER COMPANY

  HWY 43, BUCKS, AL, 36512

  Registry ID: 110000741270

• ALABAMA POWER COMPANY

  HWY 43, BUCKS, AL, 36512

  Registry ID: 110000741270

• ALABAMA POWER COMPANY

  CR 18, FORKLAND, AL, 36732

  Registry ID: 110000608398

• ALABAMA POWER COMPANY

  460 GORGAS RD, PARRISH, AL, 35580

  Registry ID: 110000367380

• ALABAMA POWER COMPANY

  460 GORGAS RD, PARRISH, AL, 35580

  Registry ID: 110000367380

• ALABAMA POWER COMPANY

  US HIGHWAY 43, BUCKS, AL, 36512

  Registry ID: 110000741270

• ALABAMA POWER COMPANY

  US HIGHWAY 43, BUCKS, AL, 36512

  Registry ID: 110000741270

• ALABAMA POWER COMPANY (MILLER POWER PLANT)

  4250 PORTER ROAD, QUINTON, AL, 35130

  Registry ID: 110043792651

• ALABAMA POWER COMPANY

  460 GORGAS RD, PARRISH, AL, 35580

  Registry ID: 110000367380

• ALABAMA POWER COMPANY

  US HIGHWAY 43, BUCKS, AL, 36512

  Registry ID: 110000741270

• ALABAMA POWER COMPANY

  HWY 25, WILSONVILLE, AL, 35186

  Registry ID: 110000589097

• ALABAMA POWER COMPANY GORGAS STEAM PLANT

  460 GORGAS ROAD, PARRISH, AL, 35580

  Registry ID: 110000367380

• …and 51 more

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (2)

• ALABAMA POWER COMPANY (04-2006-C010)entered 2006-06-19

  Primary law: CAA

  Federal penalty: $100,000

• ALABAMA POWER COMPANY (04-2015-C015)entered 2015-08-24

  Primary law: CAA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1999-10-28Referred To Dept Of Justice
• 2000-03-11Enforcement Action Data Entered
• 2001-01-12Complaint Filed With Court
• 2015-08-24Concluded
• 2015-08-24Final Order Entered
• 2015-08-24Final Order Lodged
• 2022-04-28Enforcement Action Closed
• 2022-04-28Air Resolved