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STATE OF
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BEFORE THE
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COUNTY OF
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ENVIRONMENTAL
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COMMISSIONER
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Complainant, |
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SOUTHERN INDIANA GAS AND ELECTRIC COMPANY, |
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Respondent. |
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AGREED ORDER
Complainant and Respondent desire to
settle and compromise this action without hearing or adjudication of any issue
of fact or law, and consent to the entry of the following Findings of Fact and
Order. Pursuant to Indiana Code (“IC”) 13-30-3-3, entry into the terms of this
Agreed Order does not constitute an admission of any violation contained
herein. Respondent’s entry into this Agreed Order shall not constitute a waiver
of any defense, legal or equitable, which Respondent may have in any future
administrative or judicial proceeding, except a proceeding to enforce this
order.
I. FINDINGS OF
FACT
1.
Complainant
is the Commissioner (“Complainant”) of the Indiana Department of Environmental
Management (“IDEM”), a department of the State of Indiana created by IC
13-13-1-1.
2.
Respondent
is Southern Indiana Gas and Electric Company – A. B. Brown Generating Station (“Respondent”),
which owns and operate the stationary electric utility generating station with Plant
ID No. 129-00010, located at 8511 Welborn Road, in Mount Vernon, Posey County,
Indiana (“Site”).
3.
IDEM has jurisdiction over the parties and the
subject matter of this action.
4.
Pursuant to IC 13-30-3-3, IDEM issued a Notice
of Violation (“NOV”) via electronic mail to:
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Wayne Games, Vice-President |
CT Corporation System |
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Power Generation Operations |
Registered Agent |
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Southern
Indiana Gas and Electric Company |
334 N. Senate Ave |
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211 N.W. Riverside Dr. |
Indianapolis, IN 46204 |
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Evansville, IN 47708 |
wkuslawdept@wolterskluwer.com |
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Wayne.Games@centerpointenergy.com |
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5.
During
an investigation conducted by a representative of IDEM, the following violations
were found:
Based on the
Enforcement Action Letter issued to Respondent on September 8, 2020, case
number 2020-27386-A contains the following violations:
a. Pursuant to Part 70 Permit
129-38980-00010, Conditions D.1.2(b)(2) and D.2.3(a)(2), when both Unit No. 1
and Unit No. 2 are in operation, both units shall not exceed the combined SO2
emissions limitation of 1,831.6 pounds per hour (“lbs/hr”), twenty-four (24)
hour rolling average.
On three
occasions in November and December 2019, when both Unit No. 1 and Unit No. 2
were in operation, both units exceeded the combined SO2 emissions limitation of
1,831.6 lbs/hr, twenty-four (24) hour rolling average, in violation of Part 70
Permit 129-38980-00010, Conditions D.1.2(b)(2) and D.2.3(a)(2).
b. Pursuant to Part 70 Permit
129-38980-00010, Condition D.2.1(a) and corresponding conditions in subsequent
permits, the particulate matter emission rate from Unit 2 shall not exceed 0.03
pounds per million Btu (“lbs/MMBtu”) of energy input.
On six
occasions in October and November 2019 and January and February 2020, the
particulate matter emission rate from Unit 2 exceeded 0.03 lbs/MMBtu of energy
input, in violation of Part 70 Permit 129-38980-00010, Condition D.2.1(a) and
corresponding conditions in subsequent permits.
c. Pursuant to Part 70 Permit
129-38980-00010, Condition D.2.3(b)(2), when Unit No. 2 is operating alone, the
unit shall not exceed the SO2 emissions limitation of 1,485.59 lbs/hr,
twenty-four (24) hour rolling average.
On October 4,
2019, when Unit No. 2 was operating alone, the unit exceeded the SO2 emissions
limitation of 1,485.59 lbs/hr, twenty-four (24) hour rolling average, in
violation of Part 70 Permit 129-38980-00010, Condition D.2.3(b)(2).
d. Pursuant to Part 70 Permit
129-38980-00010, Condition E.1.2(4), and 40 CFR § 60.43(a)(2), Unit 1 shall not
exceed the SO2 emissions limitation of 1.2 lbs/MMBtu of energy input.
On four
occasions in May, November and December 2019, Unit 1 exceeded the SO2 emissions
limitation of 1.2 lbs/MMBtu of energy input, in violation of Part 70 Permit
129-38980-00010, Condition E.1.2(4), and 40 CFR § 60.43(a)(2).
e. Pursuant to Part 70 Permit 129-38980-00010,
Condition E.3.2(5), corresponding conditions in subsequent permits, and 40 CFR
§ 60.334(j), Respondent shall maintain the acceptable water to fuel ratio to
control NOx emissions at Unit ABB No. 3.
On sixteen
occasions in the fourth quarter of 2019, and the first, second and third
quarters of 2020, Respondent failed to maintain the acceptable water to fuel
ratio to control NOx emissions at Unit ABB No. 3, in violation of Part 70
Permit 129-38980-00010, Condition E.3.2(5), corresponding conditions in
subsequent permits, and 40 CFR § 60.334(j).
f. Pursuant to Part 70 Permit
129-40544-00010, Condition D.4.2, during normal simple cycle operation of Unit
ABB No. 4, NOx emissions shall be less than 9.0 parts per million by volume,
dry basis (“ppmvd”) corrected to fifteen (15) percent
oxygen, based on a twenty-four (24) operating hour averaging period.
On February
20, 2020, during normal simple cycle operation of Unit ABB No. 4, NOx emissions
exceeded 9.0 ppmvd corrected to fifteen (15) percent
oxygen, based on a twenty-four (24) operating hour averaging period, in
violation of Part 70 Permit 129-40544-00010, Condition D.4.2.
Based on the Enforcement Action Letter
issued to Respondent on January 5, 2022, case number 2022-28407-A contains the
following violations:
g. Pursuant to Part 70 Permit 129-40544-00010, Conditions
D.1.2(b)(2) and D.2.3(a)(2), when both Unit No. 1 and Unit No. 2 are in
operation, both units shall not exceed the combined SO2 emissions limitation of
1,831.6 lbs/hr, twenty-four (24) hour rolling average.
On November 11, 2021, when both Unit No.
1 and Unit No. 2 were in operation, both units exceeded the combined SO2
emissions limitation of 1,831.6 lbs/hr, twenty-four (24) hour rolling average,
in violation of Part 70 Permit 129-40544-00010, Conditions D.1.2(b)(2) and
D.2.3(a)(2).
h. Pursuant to Part 70 Permit 129-40544-00010, Condition
D.2.1(a), the particulate matter emission rate from Unit 2 shall not exceed
0.03 lbs/MMBtu of energy input.
On June 22, 2021, the particulate matter
emission rate from Unit 2 exceeded 0.03 lbs/MMBtu of energy input, in violation
of Part 70 Permit 129-40544-00010, Condition D.2.1(a).
6.
Orders
of the Commissioner are subject to administrative review by the Office of
Environmental Adjudication under IC 4-21.5; however, in recognition of the settlement
reached, Respondent acknowledge notice
of this right and waives any right to administrative and judicial review of
this Agreed Order.
II. ORDER
1.
This Agreed Order shall be effective
(“Effective Date”) when it is approved by Complainant or Complainant’s delegate, and has been received by Respondent. This Agreed
Order shall have no force or effect until the Effective Date.
2.
Respondent shall comply with the Permit 129-40544-00010
unless superseded by a renewal or revision.
3.
All submittals required by this Agreed Order,
unless IDEM notifies the Respondent otherwise in writing, shall be sent to:
Andrew Taylor,
Enforcement Case Manager
Office of Air Quality
Indiana
Department of Environmental Management
100 North
Senate Avenue
Indianapolis,
IN 46204-2251
AKTaylor@idem.IN.gov
4.
Pursuant to IC 13-30-4-1, Respondent is
assessed and agrees to pay a civil penalty of Ninety-Nine Thousand Dollars ($99,000.00). Said penalty amount shall be due and payable
to the Environmental Management Special Fund within thirty (30) days of the
Effective Date; the thirtieth day being the “Due Date.”
5.
Civil penalties are payable by check to the
“Environmental Management Special Fund.” Checks shall include the Case Number
of this action and shall be mailed to:
Indiana
Department of Environmental Management
Accounts
Receivable
IGCN, Room
1340
100 North
Senate Avenue
Indianapolis,
IN 46204
6.
In the event that the monies
due to IDEM pursuant to this Agreed Order are not paid on or before their Due
Date, Respondent shall pay interest on the unpaid balance at the rate
established by IC 24-4.6-1. The interest shall be computed as having accrued
from the Due Date until the date that Respondent pays any unpaid balance. Such
interest shall be payable to the Environmental Management Special Fund, and shall be payable to IDEM in the manner specified
in Paragraph 5, above.
7.
Signatories to this Agreed Order certify that
they are fully authorized to execute this Agreed Order and legally bind the
party they represent.
8.
This Agreed Order shall apply to and be binding
upon Respondent and all successors and assigns. Respondent shall provide a copy
of this Agreed Order, if in force, to any subsequent owners, successors, or
assigns before ownership rights are transferred.
9.
No change in ownership, corporate, or
partnership status of Respondent shall in any way alter the Respondent’s status
or responsibilities under this Agreed Order.
10.
Respondent shall ensure that all contractors,
firms, and other persons performing work under this Agreed Order comply with
the terms of this Agreed Order.
11.
In the event that any terms of
this Agreed Order are found to be invalid, the remaining terms shall remain in
full force and effect and shall be construed and enforced as if this Agreed
Order did not contain the invalid terms.
12.
This Agreed Order is not and shall not be
interpreted to be a permit or a modification of an existing permit. This Agreed
Order, and IDEM’s review or approval of any submittal made by Respondent pursuant
to this Agreed Order, shall not in any way relieve Respondent of the obligation
to comply with the requirements of any applicable permits or any applicable
Federal or State laws or regulations.
13.
Complainant does not, by its approval of this
Agreed Order, warrant or aver in any manner that Respondent’s compliance with
any aspect of this Agreed Order will result in compliance with the provisions
of any permit, order, or any applicable Federal or State law or regulation.
Additionally, IDEM or anyone acting on its behalf shall not be held liable for
any costs or penalties Respondent may incur as a result of
Respondent’s efforts to comply with this Agreed Order.
14.
Nothing in this Agreed Order shall prevent or
limit IDEM’s rights to obtain penalties or injunctive relief under any
applicable Federal or State law or regulation, except that IDEM may not, and
hereby waives its right to, seek additional civil
penalties for the violations specified in the NOV.
15.
Nothing in this Agreed Order shall prevent IDEM
or anyone acting on its behalf from communicating with the U.S. Environmental
Protection Agency (“U.S. EPA”) or any other agency or entity about any matters
relating to this enforcement action. IDEM or anyone acting on its behalf shall
not be held liable for any costs or penalties Respondent may incur as a result of such communications with the U.S. EPA or any
other agency or entity.
16.
This Agreed Order shall remain in effect until
Respondent has complied with all terms and conditions of this Agreed Order and
IDEM has issued a Resolution of Case letter to Respondent.
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TECHNICAL
RECOMMENDATION: |
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RESPONDENT: |
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Department
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Southern Indiana Gas and Electric Company |
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By: |
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By: |
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David
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Enforcement
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Office
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COUNSEL
FOR COMPLAINANT: |
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COUNSEL
FOR RESPONDENT: |
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For
the Department of Environmental Management |
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By: |
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Date: |
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APPROVED
AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL |
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MANAGEMENT THIS |
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DAY OF |
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2022. |
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For
the Commissioner: |
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Signed
on June 22 , 2022 |
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Matthew
Stuckey |
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Assistant
Commissioner |
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Office
of Air Quality Indiana
Department of Environmental Management |
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