EPA v. SOUTHERN INDIANA GAS & ELECTRIC

Case summary

U.S. EPA DETERMINED THAT SOUTHERN INDIANA GAS & ELECTRIC CO. (SIGECO) VIOLATED THE INDIANA SIP LIMIT FOR SULFUR DIOXIDE BASED ON DAILY COAL SAMPLE ANALYSIS DATA SUBMITTED BY SIGECO TO THE INDIANA DEPT. OF ENVIRONMENTAL MANAGEMENT. THE DATA SHOWED THAT SIGECO'S CULLEY GENERATING STATION UNITS 1, 2 & 3 WERE IN VIOLATION ON REPEATED OCCASIONS FROM APRIL 1989 TO DECEMBER, 1989. THESE VIOLATIONS APPEARED TO RESULT FROM SIGECO'S DECISION TO BURN ITS REMAINING STOCKPILE OF NON- COMPLYING (IE HIGH SULFUR COAL). SECTION 113 OF THE CAA GRANTS VIOLATORS 30 DAYS TO ACHIEVE COMPLIANCE WITH THE ACT. BEFORE U.S.EPA CAN TAKE ANY ENFORCMENT ACTION FOR VIOLATIONS OF THE SIP. AS IT APPEARS THAT SIGECO HAS ALREADY BURNED THE LAST OF ITS NON-COMPLYING COAL, SIGECO WILL PROBABLY BE ABLE TO COMPLY WITH THE SIP DURING THE STATUTORY PERIOD.

Defendants (1)

• SOUTHERN INDIANA GAS & ELECTRICNamed in complaintNamed in settlement

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CAN CORPORATION OF AMERICA, INC.entered 1996-09-25

  Primary law: CAA

  Federal penalty: $7,500

Timeline (4 milestones)

• 1990-09-18Complaint Filed/Proposed Order
• 1990-10-03Enforcement Action Data Entered
• 1991-11-01Enforcement Action Closed
• 1996-09-25Final Order Issued