EPA v. WISCONSIN POWER AND LIGHT COMPANY

Case summary

The consent decree resolves claims alleged by the United States against Wisconsin Power and Light Company (WPL), Madison Gas and Electric Company (MGE), Wisconsin Electric Power Company (We Energies), and Wisconsin Public Service Corporation (WPSC), for violations of the Clean Air Act�s New Source Review/ Prevention of Significant Deterioration provisions and Title V programs. The claims arise from modifications at Defendants� Nelson Dewey, Columbia and Edgewater generating stations in Wisconsin. The proposed consent decree also resolves similar claims made by the Sierra Club against Wisconsin Power and Light Company. WPL has agreed to invest more than $1 billion in pollution control technology that will protect public health and resolve violations of the CAA. The settlement will also require that WPL spend $8.5 million on environmental mitigation projects and pay a civil penalty of $2.45 million. Under the settlement, WPL must install new pollution control technology on its three largest units and will be required to continuously operate the new and existing pollution controls, and will be required to comply with stringent emission rates and annual tonnage limitations. The settlement also requires WPL to permanently retire, refuel, or repower four additional coal-fired units at the Edgewater and Nelson Dewey plants. The actions taken by WPL to comply with this settlement will result in annual reductions of sulfur dioxide (SO2), oxides of nitrogen (NOx), and particulate matter (PM) of approximately 54,000 tons from 2011 levels. This settlement covers all seven coal-fired boilers at three power plants. The settlement also requires the WPL Defendants to spend $8.5 million on projects that will benefit the environment and human health in communities located near the WPL facilities. The WPL Defendants must pay $260,500 each to the U.S. Forest Service and the National Park Service, to be used on projects to address the damage done from WPL�s alleged excess emissions. The remaining $7.479 million will be spent on a combination of the following projects: up to $2.1 million on land acquisition and restoration by an entity other than the FS or NPS; up to $5,000,000 on a long term major solar photovoltaic (PV) power purchase agreement or a solar PV panels installation project; up to $2,000,000 on renewable energy resource enhancements for existing wind farms and hydroelectric facilities; up to $1,100,000 on a penstock upgrade project to increase existing hydroelectric generating capacity; up to $2,350,000 on a compressed natural gas or hybrid fleet conversion project; up to $750,000 on a community manure digester; up to $600,000 in energy efficiency enhancements; up to $250,000 on a residential wood appliance change-out program; up to $100,000 on mitigation of the adverse impacts of nitrogen loading in the Yahara River; and up to $100,000 on collection and conversion of separated organics to methane gas for electric generation or vehicle fuel.

Defendants (3)

• ALLIANT ENERGY (WPL/NELSON DEWEY GENERATING STN.Named in complaintNamed in settlement
• ALLIANT ENERGY (WPL/COLUMBIA GENERATING STATION)Named in complaintNamed in settlement
• ALLIAN POWER (WPL/EDGEWATER GENERATING STATIONNamed in complaintNamed in settlement

Facilities (3)

• ALLIANT ENERGY - WPL - NELSON DEWEY FACILITY

  11999 COUNTY ROAD VV, CASSVILLE, WI, 538069722

  Registry ID: 110000594081

• WPL - EDGEWATER GENERATING STATION

  3739 LAKESHORE DR, SHEBOYGAN, WI, 530817233

  Registry ID: 110000416871

• ALLIANT ENERGY - WPL - COLUMBIA ENERGY CENTER

  W8375 MURRAY RD, PARDEEVILLE, WI, 539548731

  Registry ID: 110000420385

Statutes cited

• 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)

• WISCONSIN POWER AND LIGHT COMPANYentered 2013-06-18

  Primary law: CAA

  Federal penalty: $2,450,000

Timeline (7 milestones)

• 2009-09-24Referred To Dept Of Justice
• 2009-10-02Enforcement Action Data Entered
• 2013-04-22Final Order Lodged
• 2013-04-22Complaint Filed With Court
• 2013-06-18Final Order Entered
• 2016-06-02Enforcement Action Closed
• 2016-06-02Air Resolved