EPA v. KENTUCKY UTILITIES - GHENT STATION

Case summary

KENTUCKY UTILITIES COMPANY (KENTUCKY UTILITIES) WILL SPEND APPROX $57 MILLION TO INSTALL SULFURIC ACID MIST CONTROL SYSTEMS AND PERFORM OTHER WORK TO REDUCE SULFURIC ACID MIST (SAM) EMISSIONS, FUND AN ENVIRONMENTAL MITIGATION PROJECT THAT INCLUDES REPLACING A COAL-FIRED BOILER AT AN ELEMENTARY SCHOOL, AND PAY A CIVIL PENALTY OF $300,000 TO RESOLVE ALLEGED CAA VIOLATIONS (CAA) AT THE GHENT STATION FACILITY LOCATED IN GHENT, KY. THE TERMS OF THE SETTLEMENT REQUIRES KY UTILITIES TO ADHERE TO MORE STRINGENT AND PERMANENT EMISSIONS LIMITS AND INSTALL SULFURIC ACID POLLUTION CONTROLS SYSTEMS THAT WILL REDUCE EMISSIONS OF THE POLLUTNAT, SAM, BY MORE THAN TWO-THIRDS (3.7 MILLION LBS/YR). KY UTILITIES WILL SPEND APPROX $57 MLLION IN INJUNCTIVE RELIEF COSTS TO INSTALL POLLUTION CONTROLS SYSTEMS AND MAKE OTHER CHANGES AT THE GHENT STATION FACILITY. THIS WILL REDUCE EMISSIONS OF SAM IN AN AREA THAT AMONG THE TOP 10 PERCENT OF ENVIRONMENTAL JUSTICE AREAS IN THE COMMONWEALTH OF KY. AS PART OF THE SETTLEMENT, THE COMPANY HAS ALSO AGREED TO SPEND $500,000 FOR AN ENVIRONMENTAL MITIGATION PROJECT THAT WILL INCLUDE THE REPLACEMENT OF A COAL-FIRED BOILER WITH A GEOTHERMAL HEATING AND COOLING SYSTEM AT AN ELEMENTARY SCHOOL IN THE KY UTILITIES SERVICE AREA. THE CD WAS LODGED WITH THE U.S. DISTRICT COURT FOR THE EDKY ON DEC 20, 2012, AND WILL BE SUBJECT TO A 30-DAY COMMENT PERIOD. THE COMPLAINT ALLEGES CAA VIOLATIONS AT KY UTILITIES' GHENT STATION, INCLUDING VIOLATION OF THE PSD REGS AND EXCEEDANCES OF STACK OPACITY LIMITS ESTABLISHED UNDER THE NEW SOURCE PERFORMANCE STANDARD (NSPS) REGULATIONS AND THE KY STATE IMPLEMENTATION PLAN (SIP).

Defendants (1)

• KENTUCKY UTILITIES COMPANYNamed in complaintNamed in settlement

Facilities (3)

• KY UTILITIES CO - GHENT STATION

  9485 US 42 E, GHENT, KY, 41045

  Registry ID: 110000874224

• KY UTILITIES CO - GHENT STATION

  9485 US 42 E, GHENT, KY, 41045

  Registry ID: 110000874224

• KY UTILITIES CO - GHENT STATION

  9485 US 42 E, GHENT, KY, 41045

  Registry ID: 110000874224

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• KENTUCKY UTILITIES - GHENT STATION (04-2013-C001)entered 2013-08-21

  Primary law: CAA

  Federal penalty: $300,000

Timeline (8 milestones)

• 2008-09-12Referred To Dept Of Justice
• 2008-09-16Enforcement Action Data Entered
• 2012-12-20Complaint Filed With Court
• 2012-12-20Final Order Lodged
• 2013-08-21Concluded
• 2013-08-21Final Order Entered
• 2018-09-19Enforcement Action Closed
• 2018-09-19Air Resolved