EPA v. CONSUMERS ENERGY - CONSENT DECREE

Case summary

The Consent Decree addresses violations of the Clean Air Act (CAA) Prevention of Significant Deterioration (PSD) and Title V programs at Consumer Energy Company?s (Consumers') Campbell, Cobb, Karn, and Weadock coal-fired power plants in Michigan. This settlement will be the 29th settlement reached under the National Coal Fired Power Plant Initiative. Upon full implementation of the proposed Consent Decree, emissions of oxides of nitrogen (NOx) and sulfur dioxide (SO2) will be reduced by approximately 46,500 tons per year (tpy) and carbon dioxide (CO2) by 3,260,000 tpy as measured from 2012 levels. These reductions will secure significant human health and environmental benefits. We estimate that the total value of the injunctive relief package for the settlement is approximately $1 billion in capital costs. Consumers will also pay a civil penalty of $2.75 million and spend a minimum of $7.7 million implementing environmental mitigation projects. Consumers will spend up to $4 million on wind energy, solar photovoltaic, or anaerobic digestion with nutrient recovery/removal projects to avoid or reduce emissions; up to $3 million on vehicle replacement and retrofit and/or fueling infrastructure projects; up to $2 million on the acquisition, donation, and/or restoration of ecologically significant lands, watersheds, vegetation, and/or forests that are part of or near Consumers? service territories; no less than $1 million sponsoring a wood-burning appliance replacement and/or retrofit program; up to $500,000 on energy efficiency projects for low-income residents and/or public schools; and $500,000 will go to the National Park Service for the restoration of land, watersheds, vegetation, and forests. The settlement is consistent with other EPA system-wide settlements; it complies with all applicable Agency policies and is in the public interest.

Defendants (1)

• CONSUMERS POWER CONamed in complaintNamed in settlement

Facilities (4)

• B. C. COBB PLANT

  151 N. CAUSEWAY, MUSKEGON, MI, 49445

  Registry ID: 110000411037

• J. H. CAMPBELL PLANT

  17000 CROSWELL STREET, WEST OLIVE, MI, 49460

  Registry ID: 110000411108

• J.R. WHITING CO

  4525 E. ERIE RD, ERIE, MI, 48133

  Registry ID: 110001840964

• CONSUMERS ENERGY D.E. KARN FACILITY

  2680 NORTH WEADOCK, ESSEXVILLE, MI, 48732

  Registry ID: 110000593171

Statutes cited

• CAA TITLE5 — Title V Permits
• CAA 111 — New Source Performance Standards
• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CONSUMERS ENERGY COentered 2014-11-04

  Primary law: CAA

  Federal penalty: $2,750,000

Timeline (7 milestones)

• 2008-09-30Referred To Dept Of Justice
• 2008-10-08Enforcement Action Data Entered
• 2014-09-16Final Order Lodged
• 2014-09-16Complaint Filed With Court
• 2014-11-04Final Order Entered
• 2020-09-02Enforcement Action Closed
• 2020-09-02Air Resolved