U.S. Government Reaches Clean Air Act Settlement with Electric Company

According to a press release from the United States Department of Justice, the Eastern Kentucky Power Cooperative utility company has entered into a settlement with the United States Government concerning violations of the Clean Air Act.

The utility company is based in Winchester, KY. The company's three plants generate electricity from coal. The Justice Department and the Environmental Protection Agency announced Monday that the company had agreed to 750,000 penalty for the violations and spend roughly $650 million to update their pollution controls to regulation.

The government claims that the utility violated the Clean Air Act when it built modifications to two of its three plants. The utility allegedly made the modifications without seeking proper permits or building proper pollution controls. The utilities failure to comply with these components of federal law allowed it to increase its rates of steam and electricity production; the non-compliance also emitted double the maximum allowable level of pollutants in to the air.

Implementation of the pollution controls required by the settlement will decrease the utilities emissions of nitrogen oxides by roughly 8,000 tons and sulfur dioxide over 54,000 tons per year. The company will also work on controls to reduce the level of sulfuric acid mist emissions.

The Justice Department lauded the decision. Ronald J. Tenpas, acting Assistant Attorney General for the Justice Department's Environment and Natural Resources Division said: Today's settlement is another example of the Justice Department's continued commitment to aggressively enforcing the Clean Air Act. The emissions reductions from this settlement are substantial, and we are pleased that East Kentucky has agreed to bring its facilities into compliance with important provisions of the Clean Air Act."

Representatives of the Environmental Protection Agency also had praise for the decision. Granta Nakayama, EPA assistant administrator for the Office of Enforcement and Compliance Assurance commented: "This agreement will reduce harmful air pollutants by more than 60,000 tons per year. Sulfur dioxide and nitrogen oxides can cause serious respiratory problems and exacerbate asthma conditions. This settlement will improve air quality and protect public health for the residents of eastern Kentucky and surrounding areas."

Jimmy Palmer, EPA Regional Administrator in Atlanta had this to say regarding the settlement: "The combined reductions in sulfur dioxide, nitrogen oxides, and particulate matter mandated by this settlement will greatly improve the air quality for the citizens of Kentucky. This settlement has tremendous significance for our ongoing effort to ensure cleaner air for our citizens."

The utility is one of 12 companies that the Justice Department and the EPA have arranged settlements with over violations of the clean air act.

Sources:
United States Justice Department