EPA v. DAIRYLAND POWER COOP

Case summary

Dairyland Power Cooperative (DPC) is signing a Consent Decree modification to an existing consent decree that resolved Clean Air Act New Source Review , Title V, and Wisconsin State Implementation Plan violations at three coal-fired power plants owned and operated by DPC. The original Consent Decree was entered by the U.S. District Court for the Western District of Wisconsin on August 25, 2012 and on August 27, 2012. The proposed Modification would extend by up to eight months the time for DPC to comply with the Consent Decree's 30-day rolling average sulfur dioxide (SO2) emission rate for J.P. Madgett, from May 1, 2014 to December 31, 2014. The Modification also requires DPC to offset all excess emissions caused by the delay by ceasing to burn coal at the two remaining units capable of burning coal at DPC's Alma Station, Alma Units 4 and 5, by December 31, 2014, and accepting more stringent system-wide SO2 and nitrogen oxide (NOx) tonnage caps to reduce emissions below what would be required to offset excess emissions. This modification will result in an emissions reduction of 23,086 tons of SO2 and 7,098 tons of NOx between June 2014 and June 2020 with a reduction of the end-of-the-day cap by 2,248 tons SO2 and 934 tons NOx. Additionally, the shutdown of the Alma Units 4 and 5 will result in a reduction of 100,000 tons of carbon dioxide and 100 tons of hydrogen chloride annually.

Defendants (1)

• DAIRYLAND POWER COOPNamed in complaintNamed in settlement

Facilities (4)

• DAIRYLAND POWER COOP ALMA SITE

  500 OLD STATE ROAD 35, ALMA, WI, 546109701

  Registry ID: 110000422560

• DAIRYLAND POWER CO-OP. JP MADGETT #1

  U. S. HIGHWAY 35, ALMA, WI, 54610

  Registry ID: 110067215463

• DAIRYLAND POWER COOP ALMA STATION

  500 OLD STATE ROAD 35, ALMA, WI, 54610

  Registry ID: 110000422560

• DAIRYLAND POWER COOP GENOA STATION-EOP

  S4651 STATE HIGHWAY 35, GENOA, WI, 546328846

  Registry ID: 110000422597

Statutes cited

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

Enforcement conclusions (2)

• DAIRYLAND POWER COOPentered 2012-08-27

  Primary law: CAA

  Federal penalty: $950,000

• DAIRYLAND POWER COOPentered 2014-04-28

  Primary law: CAA

Timeline (7 milestones)

• 2010-09-23Referred To Dept Of Justice
• 2010-10-12Enforcement Action Data Entered
• 2012-06-28Complaint Filed With Court
• 2014-03-10Final Order Lodged
• 2014-04-28Final Order Entered
• 2019-12-31Enforcement Action Closed
• 2019-12-31Air Resolved