EPA v. SANTEE COOPER (SOUTH CAROLINA PUBLIC SERVICE AUTHORITY) - WINYAH & CROSS PLANTS

Case summary

9/18/03 - REFERRAL SENT TO DOJ. 1. By failing to obtain PSD permits for the modifications and new construction at plants owned by the Defendant, Santee Cooper (South Carolina Public Service Authority), Santee Cooper violated Section 165(a) of the Act, 42 U.S.C. ?? 7475(a), and regulations under the South Carolina. Furthermore, Santee Cooper violated the Title V provisions of the Act, 42 U.S.C. ?? 7661 et. seq., by failing to properly address the PSD requirements under its Title V permits for those plants. Santee Cooper made the following modifications at its Winyah coal-fired electric generating plant: ??? Replacement of major portions of the reheater and waterwall at Unit 1 in 1997 ??? Boiler modifications at Unit 2 in 1985 ??? Replacement of major portions of the waterwall at Unit 2 in 1999 ??? Replacement of major portions of the waterwall at Unit 3 in 1996. In addition Santee Cooper commenced and continued construction of an entirely new coal-fired generating unit at its Cross Plant in late 2002 and early 2003. Moreover, Santee Cooper operating the modified units at the Winyah Plant without first installing modern pollution controls at the modified units, as required under the PSD provisions of the Act, resulting in the illegal emission of massive amounts of SO2, NOx, and Particulate Matter (PM). 2. Santee Cooper is the only defendant and is a quasi-public utility, created by an act of the South Carolina legislature and managed by a Board of Directors appointed by the South Carolina governor and approved by the South Carolina Senate. 3. Relief requested includes penalty and injunctive relief. Injunctive relief sought is the installation of modern pollution controls or best available control technology (BACT). Settlement in principle provides for 2.7 million in penalty, 5.25 million in environmental projects, and installation of BACT controls. 4. This is part of the National Utilities New Source Review enforcement initiati

Defendants (2)

• SOUTH CAROLINA PUBLIC SERVICE AUTH (SANTEE COOPER)Named in complaintNamed in settlement
• SANTEE COOPER (SOUTH CAROLINA PUBLIC SERVICE AUTH)Named in complaintNamed in settlement

Facilities (5)

• SCPSA - SANTEE COOPER - JEFFERIES GENERATING STATION

  463 POWER HOUSE ROAD, MONCKS CORNER, SC, 29461

  Registry ID: 110002232281

• SANTEE COOPER WINYAH GENERATING STATION

  661 STEAM PLANT DR, GEORGETOWN, SC, 29440-4815

  Registry ID: 110000353457

• SANTEE COOPER WINYAH GENERATING STATION

  661 STEAM PLANT DR, GEORGETOWN, SC, 29440-4815

  Registry ID: 110000353457

• SANTEE COOPER CROSS GENERATING STATION

  553 CROSS STATION ROAD, PINEVILLE, SC, 29468

  Registry ID: 110000499764

• SCPSA - SANTEE COOPER GRAINGER GENERATING STATION

  1605 MARINA DR, CONWAY, SC, 29526-5249

  Registry ID: 110000353885

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• SANTEE COOPER (SOUTH CAROLINA PUBLIC SERVICE AUTHORITY) - WINYAH & CROSS PLANTS (04-2004-C010)entered 2004-06-24

  Primary law: CAA

  Federal penalty: $1,300,000 · State/local: $700,000 · SEP: $4,250,000

Timeline (6 milestones)

• 2003-09-18Referred To Dept Of Justice
• 2003-09-23Enforcement Action Data Entered
• 2004-03-16Final Order Lodged
• 2004-03-16Complaint Filed With Court
• 2004-06-24Concluded
• 2004-06-24Final Order Entered