EPA v. LOUISVILLE GAS & ELECTRIC - MILL CREEK (LG&E MILL CREEK)

Case summary

7/31/2020 - Complaint Filed. This matter involves potential violations of federally-enforceable State Implementation Regulations requiring Louisville Gas & Electric Company (?LG&E?) to take reasonable steps to reduce its emissions and prohibit emissions that cause injury, detriment, nuisance, or annoyance from its Mill Creek coal-fired electric generating units. Since at least 2005, LG&E has been aware that Mill Creek was emitting sulfuric acid mist, causing a visible plume that sometimes touched down in a nearby neighborhood in Louisville, Kentucky. In 2006, LG&E successfully requested a rate increase with the Kentucky Public Service Commission, allowing the company to increase electricity rates to finance the cost of installing sulfuric acid mist emissions control equipment. However, LG&E delayed installation of the needed controls for nearly a decade, leading to emissions of sulfuric acid mist that negatively impacted public health and the environment in nearby communities. EPA has worked closely with the Louisville Metro Air Pollution Control District on this enforcement action since October 2014.

Defendants (1)

• LOUISVILLE GAS & ELECTRIC - MILL CREEKNamed in complaintNamed in settlement

Facilities (2)

• LOUISVILLE GAS & ELECTRIC COMPANY, MILL CREEK GENERATING STATION

  14660 DIXIE HIGHWAY, LOUISVILLE, KY, 40272

  Registry ID: 110000378733

• LOUISVILLE GAS & ELECTRIC COMPANY, MILL CREEK GENERATING STATION

  14660 DIXIE HIGHWAY, LOUISVILLE, KY, 40272

  Registry ID: 110000378733

Statutes cited

• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• LOUISVILLE GAS & ELECTRIC - MILL CREEK (LG&E MILL CREEK)entered 2022-02-24

  Primary law: CAA

  Federal penalty: $375,000 · State/local: $375,000 · SEP: $500,000

Timeline (6 milestones)

• 2017-11-02Referred To Dept Of Justice
• 2017-12-18Enforcement Action Data Entered
• 2020-07-31Complaint Filed With Court
• 2020-12-18Amended Complaint
• 2021-12-01Final Order Lodged
• 2022-02-24Final Order Entered