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05-2003-0333JudicialClosedFY 2003· Region 05

EPA v. WISCONSIN ELECTRIC POWER COMPANY (5)

Final Order With Penalty

Case summary

WE Energies is a large Midwestern coal-fired electric utility. The settlement covers five Wisconsin Electric plants, four in Wisconsin and one in Michigan, consisting of 23 electricity generating units. These five plants emitted over 147,000 tons of SO2 and NOx in 2001. Wisconsin Electric Power Company will spend up to $600 million to reduce 72,000 tons per year of SO2 and 32,000 tons per year of NOx and improve its control of particulate matter (PM) from each of the plants included in the settlement. The company also will pay a $3.2 million civil penalty ($3.1 million to USEPA and $100,000 to the State of Michigan, and spend at least $20 million to finance an environmental mitigation project demonstrating a new technology to significantly reduce mercury emissions from coal-fired power plants. The settlement will achieve reductions through the installation of new pollution control equipment, the upgrading of existing pollution controls on several of the units in the Wisconsin Electric system, and through the retirement of some older units. This technology is required to be installed or upgraded on specified units in the Wisconsin Electric system. Amendment is for Milwaukee facility.

Defendants (1)

  • Wisconsin Electric Power CompanyNamed in complaintNamed in settlement

Facilities (5)

  • WE ENERGIES PORT WASHINGTON GENERATING STATION

    146 S WISCONSIN ST, PORT WASHINGTON, WI, 530742222

    Registry ID: 110043810276

  • WISCONSIN ELECTRIC POWER COMPANY, D/B/A

    8000 95TH ST, PLEASANT PRAIRIE, WI, 531582206

    Registry ID: 110000417433

  • WISCONSIN ELECTRIC POWER COMPANY

    2701 N LAKESHORE BOULEVARD, MARQUETTE, MI, 49855

    Registry ID: 110056964030

  • WE ENERGIES-OAK CREEK POWER PLANT

    11060 S CHICAGO RD, OAK CREEK, WI, 531547308

    Registry ID: 110070834965

  • WE ENERGIES - VALLEY POWER PLANT

    1035 W CANAL ST, MILWAUKEE, WI, 532332613

    Registry ID: 110000419299

Statutes cited

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

Enforcement conclusions (2)

  • WISCONSIN ELECTRIC POWER COMPANY (5)entered 2014-09-08

    Primary law: CAA

  • WISCONSIN ELECTRIC POWER COMPANY (5)entered 2007-09-30

    Primary law: CAA

    Federal penalty: $3,100,000 · State/local: $100,000

Timeline (7 milestones)

  • 2003-03-25Referred To Dept Of Justice
  • 2003-04-17Enforcement Action Data Entered
  • 2003-04-29Complaint Filed With Court
  • 2014-07-08Final Order Lodged
  • 2014-09-08Final Order Entered
  • 2016-04-01Enforcement Action Closed
  • 2016-04-01Air Resolved

Case metadata

EPA activity ID
94930
Case number
05-2003-0333
Lead agency
EPA
EPA region
05
Voluntary self-disclosure
No
Primary statute
Prevention of Significant Deterioration (PSD)

Sourced verbatim from EPA ECHO Enforcement Case Report for case 05-2003-0333 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.