EPA v. WISCONSIN PUBLIC SERVICE CORP

Case summary

On November 18, 2009, Region 5 issued a Notice of Violation (Notice) to Wisconsin Public Service Corporation in accordance with Section 113(a) of the Clean Air Act (the Act), 42 U.S.C. ? 7413(a). In the Notice, EPA states that WPS is violating the Prevention of Significant Deterioration requirements under Section 165 of the Act, 42 U.S.C. 7475, and the Wisconsin State Implementation Plan at its J.P. Pulliam Generating Station and its Weston Generating Station. EPA's Notice identified five projects that triggered PSD requirements: a 1994 superheater and waterwall replacement project at its Pulliam Station; a 1990 economizer replacement project at its Weston Station; a 1993 economizer and secondary superheater replacement project at its Weston Station; a 2007 superheater pendant platen assemblies replacement project at its Weston Station; and a superheater division panel replacement at its Weston Station. Section 113(a)(1) of the Act, 42 U.S.C. 7413(a)(1), provides that at any time after the expiration of 30 days following the date of the issuance of a Notice of Violation, the Administrator may, without regard to the period of violation, issue an order requiring compliance with the requirements of the SIP, issue an administrative penalty order pursuant to Section 113(d), or bring a civil action pursuant to Section 113(b) for injunctive relief and/or civil penalties.

Defendants (2)

• WIS PUBLIC SERVICE CORP - WESTON PLANTNamed in complaintNamed in settlement
• WI Public Service Corp - JP Pulliam PlantNamed in complaintNamed in settlement

Facilities (2)

• WI PUBLIC SERVICE CORP - JP PULLIAM PLANT

  1501 BYLSBY AVE, GREEN BAY, WI, 54303

  Registry ID: 110000421534

• WI PUBLIC SERVICE WESTON POWER PLANT

  2491 OLD HWY 51, KRONENWETTER, WI, 54455

  Registry ID: 110043779783

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 (2)

• WISCONSIN PUBLIC SERVICE CORPentered 2013-03-07

  Primary law: CAA

  Federal penalty: $1,200,000

• WISCONSIN PUBLIC SERVICE CORPentered 2016-05-18

  Primary law: CAA

Timeline (7 milestones)

• 2010-04-14Referred To Dept Of Justice
• 2010-06-23Enforcement Action Data Entered
• 2013-01-04Complaint Filed With Court
• 2016-03-30Final Order Lodged
• 2016-05-18Final Order Entered
• 2024-12-16Air Resolved
• 2024-12-16Enforcement Action Closed