EPA v. SOUTHERN INDIANA GAS & ELECTRIC CO. (SIGECO)

Case summary

THIS REFERRAL RECOMMENDS A CIVIL ENFORCEMENT ACTION AGAINST SIGECO PURSUANT TO SECTIONS 113(B)(2) AND 167 OF THE CLEAN AIR ACT, 42 U.S.C. 7413(B)(2) AND 7477, FOR INJUNCTIVE RELIEF AND THE ASSESSMENT OF CIVIL PENALTIES FOR VIOLATIONS OF THE PREVENTATION OF SIGNIFICANT DETERIORATION ( PSD ) PROVISIONS AND NEW SOURCE PERFORMANCE STANDARDS ( NSPS ) OF THE ACT, 42 U.S.C.  7470-92 AND 7411, RESPECTIVELY. NUMEROUS TIMES, SIGECO SIGNIFICANTLY MODIFIED ITS CULLEY STATION COAL-FIRED ELECTRICITY GENERATING POWER PLANT IN WARRICK COUNTY, INDIANA WITHOUT FIRST SECURING PERMITS AUTHORIZING THIS CONSTRUCTION AND WITHOUT INSTALLING THE BEST AVAILABLE CONTROL TECHNOLOGY TO CONTROL EMISSIONS OF NITROGEN OXIDES, SULFUR DIOXIDE, AND PARTICULATE MATTER, AS THE CLEAN AIR ACT REQUIRES. On June 6, 2002, the U.S. Environmental Protection Agency and the Department of Justice announced a Clean Air Act (CAA) settlement with the Southern Indiana Gas and Electric Company, Inc. (SIGECO) to resolve Clean Air Act violations at SIGECO???s F.B. Culley coal-fired power plant (Culley Station). Under the settlement, SIGECO will spend approximately $30 million between now and 2007 to install state-of-the-art pollution controls to meet stringent pollution limits. The agreement requires SIGECO to install and/or upgrade state of the art air pollution controls at two of the Culley Station units, and elect to shut down a third unit or repower the unit with natural gas. Approximately 10,600 tons of SO2 and NOX emissions annually will be reduced from three coal-fired electricity generating plants in southern Indiana. In addition, SIGECO will retire pollution emission allowances that it or others could use to emit additional pollution into the environment. SIGECO will also spend $2.5 million to fund an environmentally beneficial project to the Culley Station to reduce sulfuric acid, and pay a civil penalty of $600,000.

Defendants (1)

• SIGECONamed in complaintNamed in settlement

Facilities (1)

• SIGECO - FB CULLEY GENERATING STATION

  3711 DARLINGTON RD, NEWBURGH, IN, 47630-9706

  Registry ID: 110000403723

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SOUTHERN INDIANA GAS & ELECTRIC CO. (FP CULLEY)entered 2003-08-13

  Primary law: CAA

  Federal penalty: $600,000

Timeline (7 milestones)

• 1999-09-23Referred To Dept Of Justice
• 1999-10-21Enforcement Action Data Entered
• 1999-11-03Complaint Filed With Court
• 2003-06-03Final Order Lodged
• 2003-08-13Final Order Entered
• 2016-03-23Enforcement Action Closed
• 2016-03-23Air Resolved