EPA v. MINNKOTA POWER COOPERATIVE

Case summary

EPA INITIATED THE UTILITY INITIATIVE TO FOCUS ON NONCOMPLIANCE AT COAL-FIRED ELECTRICAL GENERATING PLANTS WITH EPA'S NEW SOURCE REVIEW (NSR) PROGRAM WHICH INCORPORATES BOTH THE PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PROGRAM AND THE NON-ATTAINMENT NEW SOURCE REVIEW PROGRAM. THIS CASE INVOLVES ONLY PSD VIOLATIONS. IN REVIEWING RESPONSES TO NUMEROUS SECTION 114 REQUESTS, EPA HAS FOUND EVIDENCE RELATING TO THREE CAPITAL PROJECTS GREATER THAN $500,000 ON UNIT 1 AND 13 CAPITAL PROJECTS GREATER THAN $500,000 ON UNIT 2. THESE CAPITAL PROJECTS ARE MAJOR MODIFICATIONS FOR WHICH MINNKOTA SHOULD HAVE OBTAINED A PSD PERMIT PRIOR TO CONSTRUCTION. MINNKOTA FAILED TO OTAIN THE REQUISITE PSD PERMITS OR TO COMPLY WITH OTHER REQUIREMENTS OF PSD. REGION 8 WILL WORK WITH HEADQUARTERS AND DOJ TO CALCULATE AN APPROPRIATE BOTTOM LINE SETTLEMENT PENALTY AFTER SUBMISSION OF THIS REFERRAL.

Defendants (1)

• MINNKOTA POWER COOPERATIVENamed in complaintNamed in settlement

Facilities (2)

• MINNKOTA POWER COOPERATIVE

  1822 MILL ROAD, GRAND FORKS, ND, 58203

  Registry ID: 110011562610

• MINNKOTA POWER COOPERATIVE

  1822 MILL ROAD, GRAND FORKS, ND, 58203

  Registry ID: 110011562610

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Minnkota Power Cooperativeentered 2006-07-27

  Primary law: CAA

  Federal penalty: $425,000 · State/local: $425,000

Timeline (6 milestones)

• 2001-12-18Referred To Dept Of Justice
• 2002-03-13Enforcement Action Data Entered
• 2006-04-25Complaint Filed With Court
• 2006-04-25Final Order Lodged
• 2006-07-27Final Order Entered
• 2019-10-18Enforcement Action Closed