EPA v. CINERGY - GALLAGHER

Case summary

Part of HQ initiative against coal fired utilities for NSR violations. The original complaint filed was on 11/03/1999 which included other facilities. Case stayed pending settlement negotiations. The Department of Justice and the Environmental Protection Agency initiated a $93 million settlement with Duke Energy to resolve violations of the Clean Air Act at the Gallagher coal-fired power plant in New Albany, Indiana, directly across the Ohio River from Louisville, Kentucky. The settlement requires Duke to spend approximately $85 million to cut sulfur dioxide pollution at the Gallagher plant, to fund an additional $6.25 million for environmental mitigation projects such as investments in new hydro power generation, and to pay a $1.75 million penalty. Overall, the settlement is anticipated to reduce sulphur dioxide emissions at the Gallagher Plant by about 34,770 tons per year, an 86% reduction in emissions when compared to 2008 emissions.

Defendants (2)

• CINERGY CORPORATIONNamed in complaintNamed in settlement
• PSI ENERGY, INC.Named in complaintNamed in settlement

Facilities (1)

• DUKE ENERGY INDIANA, LLC - GALLAGHER GENERATING STATION

  30 JACKSON ST, NEW ALBANY, IN, 47150-6043

  Registry ID: 110007565214

Statutes cited

• CAA 173 — New Source Review Permit Requirements
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• CINERGY - GALLAGHERentered 2010-03-19

  Primary law: CAA

  Federal penalty: $1,750,000

Timeline (7 milestones)

• 1999-12-14Referred To Dept Of Justice
• 2000-03-15Enforcement Action Data Entered
• 2009-12-22Complaint Filed With Court
• 2009-12-22Final Order Lodged
• 2010-03-19Final Order Entered
• 2017-04-19Enforcement Action Closed
• 2017-04-19Air Resolved