EPA v. DOMINION ENERGY INC. (NATIONAL CASE)(LEAD)

Case summary

The settlement will cover three of Dominion's coal-fired power plants, located in Kincaid, Illinois, Hammond, Indiana, and Somerset, Massachusetts. The settlement will result in reductions of nitrogen oxides, sulfur dioxide, and particulate matter by more than 70,000 tons per year. The settlement will also require that Dominion spend $9.75 million on environmental mitigation projects and pay a civil penalty of $3.4 million. Under the settlement, Dominion must install or upgrade pollution control technology on two plants, and permanently retire the third plant. Dominion 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 actions taken by Dominion to comply with this settlement will result in annual reductions at the Brayon Point and Kincaid plants of sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions by 52,000 tons from 2010 levels. The retirement of the State Line plant will result in an additional reduction of 18,000 tons of SO2 and NOx. The settlement also requires Dominion to spend $9.75 million on projects that will benefit the environment and human health in communities located near the Dominion facilities. A total of $9 million will be spent on one or more of the following projects; 1) wood stove changeouts, including $2 million for changeouts in Southeastern Massachusetts, Rhode Island, and Eastern Connecticut; 2) switcher locomotive idle reduction for Chicago rail yards, 3) land acquisition and restoration adjacent to, or near, the Indiana Dunes National Lakeshore, 4) energy efficiency and geothermal/solar projects for local schools and food banks, and 5) clean diesel engine retrofits for municipalities and school districts. Dominion must also pay a total of $750,000 to the United States Forest Service and the National Park Service, to be used on projects to address the damage done from Dominion�s alleged excess emissions.

Defendants (1)

• DOMINION ENERGY, INC.Named in complaintNamed in settlement

Facilities (2)

• KINCAID GENERATION LLC

  4 MI W OF KINCAID RTE 104, KINCAID, IL, 62540

  Registry ID: 110000602125

• STATE LINE ENERGY, LLC

  103RD ST & LAKE MICHIGAN, HAMMOND, IN, 46320

  Registry ID: 110000602633

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• DOMINION ENERGY INC. (NATIONAL CASE)(LEAD)entered 2013-07-18

  Primary law: CAA

  Federal penalty: $2,000,000

Timeline (5 milestones)

• 2009-09-23Referred To Dept Of Justice
• 2009-09-29Enforcement Action Data Entered
• 2013-04-01Final Order Lodged
• 2013-04-01Complaint Filed With Court
• 2013-07-18Final Order Entered