EPA v. Arizona Public Service Steam Electric Station (Four Corners Power Plant)

Case summary

U.S. EPA reached a Clean Air Act settlement with several Arizona and New Mexico-based utility companies to install pollution control technology to reduce harmful air pollution from the Four Corners Power Plant located on the Navajo Nation near Shiprock, New Mexico. The settlement requires an estimated $160 million in upgrades to the plant's sulfur dioxide (SO2) and nitrogen oxide (NOx) pollution controls. The settlement also requires $6.7 million to be spent on three health and environmental mitigation projects for tribal members and payment of a $1.5 million civil penalty. The $6.7 million of mitigation funds includes $2 million to establish a Health Care Project trust fund to pay for certain medical expenses for people living on the Navajo Nation near the Four Corners Power Plant, who require respiratory health care. EPA expects that the actions required by the settlement will reduce harmful emissions by approximately 5,540 tons (11 million+ pounds) per year. Arizona Public Service Company (APS) is the operator and primary owner of the Four Corners Plant. El Paso Electric Company, Public Service Company of New Mexico, Salt River Project Agricultural Improvement and Power District and Tucson Electric Power Company are current co-owners of the plant and Southern California Edison Company is a former co-owner of the plant. The settlement resolves claims that the companies violated the New Source Review provisions of the federal Clean Air Act by unlawfully modifying the Four Corners Power Plant without obtaining required permits or installing and operating the best available air pollution control technology.

Defendants (1)

• Arizona Public Service (4 Corners)Named in complaintNamed in settlement

Facilities (1)

• ARIZONA PUBLIC SERV/4 CORNERS_________GF

  US 550, FRUITLAND, NM, 87416

  Registry ID: 110042068473

Statutes cited

• CAA TITLE5 — Title V Permits
• CAA PARTD — New Source Review Permit Requirements
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• Arizona Public Service Steam Electric Station (Four Corners Power Plant)entered 2015-08-17

  Primary law: CAA

  Federal penalty: $1,500,000

Timeline (6 milestones)

• 2011-05-11PRN Sent
• 2011-05-11Referred To Dept Of Justice
• 2011-05-16Enforcement Action Data Entered
• 2015-06-24Final Order Lodged
• 2015-06-24Complaint Filed With Court
• 2015-08-17Final Order Entered