EPA v. HOOSIER ENERGY REC. - MEROM GENERAT

Case summary

Hoosier is a non-profit generation and transmission cooperative providing electric power to 17 member electric distribution cooperatives in central and southern Indiana and one member cooperative in Illinois. Hoosier, headquartered in Bloomington, Indiana, owns and operates two coal-fired electric generating stations: Merom Generating Station (Merom), located in Sullivan County and Ratts Generating Station (Ratts), located in Pike County. The total gross coal-fired capacity is about 1,358 MW. These plants are subject to, among other things, Clean Air Act (Act) provisions regarding Prevention of Significant Deterioration (PSD), Non-attainment New Source Review (NNSR), and Title V. On August 26, 2009, EPA Region 5 issued a notice of violation (NOV) to Hoosier for alleged NSR violations at Merom. The NOV alleged that in 2008, Hoosier made physical changes to the high temperature superheater outlet header, the radiant and high temperature superheater sections, and high temperature reheater tubes. The NOV also alleged that these physical changes resulted in a significant net emissions increase of regulated pollutants, including SO2, NOx, and/or PM. As such, these physical changes were major modifications within the meaning of the Clean Air Act and its implementing regulations, including 40 C.F.R. � 52.21 and the Indiana State Implementation Plan (SIP). Shortly following receipt of the NOV, Hoosier requested a settlement conference to discuss resolution of the alleged violations. Hoosier had been poised to begin additional, similar projects at the plant that could have also violated NSR. Hoosier postponed the projects with the goal of swiftly reaching resolution with EPA. EPA, DOJ, and Hoosier entered into good-faith, expedited settlement negotiations culminating in this proposed Consent Decree.

Defendants (1)

• HOOSIER ENERGY REC. - MEROM GENERATNamed in complaintNamed in settlement

Facilities (2)

• HALLADOR POWER COMPANY LLC MEROM GENERATING STATION

  5500 W OLD 54, SULLIVAN, IN, 47882-7064

  Registry ID: 110000592831

• HOOSIER ENERGY REC, INC. - FRANK E. RATTS GENERATING STATION

  6825 N BLACKBURN RD, PETERSBURG, IN, 47567-8760

  Registry ID: 110000403581

Statutes cited

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

Enforcement conclusions (1)

• HOOSIER ENERGY REC. - MEROM GENERATentered 2010-11-04

  Primary law: CAA

  Federal penalty: $850,000 · State/local: $100,000

Timeline (7 milestones)

• 2009-09-23Referred To Dept Of Justice
• 2009-10-01Enforcement Action Data Entered
• 2010-07-23Complaint Filed With Court
• 2010-07-23Final Order Lodged
• 2010-11-04Final Order Entered
• 2024-03-21Air Resolved
• 2024-03-21Enforcement Action Closed