EPA v. DETROIT EDISON - CONSENT DECREE

Case summary

After more than ten years of litigation and settlement negotiations with DTE Energy Company and Detroit Edison Company (DTE), the company and the United States (through DOJ) have agreed to final settlement terms. The final consent decree resolves Clean Air Act New Source Review violations cited in three Notices/Findings of Violation at DTE's five coal-fired power plants in southeast Michigan. To resolve the alleged violations, DTE has agreed to retrofit, refuel, or repower all coal-fired units at its Belle River, River Rouge, St. Clair, and Trenton Channel stations, and meet enforceable sulfur dioxide (SO2), nitrogen oxide (NOx) and particulate matter emission rates at its Monroe Generation Station. SO2 emissions from the System will be reduced from approximately 123,000 tons per year (tpy) in 2010 to less than 9,500 tpy by 2031 and NOx emissions from 37,500 tpy in 2010 to 13,400 tpy in 2031. The company has also agreed to pay a $1.8M civil penalty and to perform a $5.5M Clean Bus Replacement Program as an environmental mitigation project. Michigan EGLE is not a party to the consent decree but supports it. Sierra Club is a party to the decree, and has also negotiated an additional separate consent decree with DTE to address unit retirements and additional mitigation projects.

Defendants (1)

• DETROIT EDISONNamed in complaintNamed in settlement

Facilities (5)

• DTE ELECTRIC COMPANY - MONROE POWER PLANT

  3500 EAST FRONT STREET, MONROE, MI, 48161

  Registry ID: 110000405927

• DTE ELECTRIC COMPANY - TRENTON CHANNEL POWER PLANT

  4695 W JEFFERSON AVE, TRENTON, MI, 48183

  Registry ID: 110000406267

• DTE ST. CLAIR / BELLE RIVER POWER PLANT

  4505 KING ROAD, CHINA, MI, 48054

  Registry ID: 110017414038

• DETROIT EDISON BELLE RIVER

  4505 KING RD, ST. CLAIR, MI, 48079

  Registry ID: 110017414038

• DTE ELECTRIC COMPANY - RIVER ROUGE POWER PLANT

  1 BELANGER PARK DRIVE, RIVER ROUGE, MI, 48218

  Registry ID: 110000406917

Statutes cited

• CAA 173 — New Source Review Permit Requirements
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• DETROIT EDISON - CONSENT DECREEentered 2020-07-22

  Primary law: CAA

  Federal penalty: $1,800,000

Timeline (7 milestones)

• 2009-09-25Referred To Dept Of Justice
• 2009-09-29Enforcement Action Data Entered
• 2010-07-16Supplemental Referral-Adding parties, counts
• 2013-06-28Supplemental Referral-Adding parties, counts
• 2014-04-09Complaint Filed With Court
• 2020-07-22Final Order Lodged
• 2020-07-22Final Order Entered