THIS REFERRAL RECOMMENDS A CIVIL ENFORCEMENT ACTION AGAINST SIGECO PURSUANT TO SECTIONS 113(B)(2) AND 167 OF THE CLEAN AIR ACT, 42 U.S.C. 7413(B)(2) AND 7477, FOR INJUNCTIVE RELIEF AND THE ASSESSMENT OF CIVIL PENALTIES FOR VIOLATIONS OF THE PREVENTATION OF SIGNIFICANT DETERIORATION ( PSD ) PROVISIONS AND NEW SOURCE PERFORMANCE STANDARDS ( NSPS ) OF THE ACT, 42 U.S.C. 7470-92 AND 7411, RESPECTIVELY. NUMEROUS TIMES, SIGECO SIGNIFICANTLY MODIFIED ITS CULLEY STATION COAL-FIRED ELECTRICITY GENERATING POWER PLANT IN WARRICK COUNTY, INDIANA WITHOUT FIRST SECURING PERMITS AUTHORIZING THIS CONSTRUCTION AND WITHOUT INSTALLING THE BEST AVAILABLE CONTROL TECHNOLOGY TO CONTROL EMISSIONS OF NITROGEN OXIDES, SULFUR DIOXIDE, AND PARTICULATE MATTER, AS THE CLEAN AIR ACT REQUIRES.
On June 6, 2002, the U.S. Environmental Protection Agency and the Department of Justice announced a Clean Air Act (CAA) settlement with the Southern Indiana Gas and Electric Company, Inc. (SIGECO) to resolve Clean Air Act violations at SIGECO???s F.B. Culley coal-fired power plant (Culley Station). Under the settlement, SIGECO will spend approximately $30 million between now and 2007 to install state-of-the-art pollution controls to meet stringent pollution limits. The agreement requires SIGECO to install and/or upgrade state of the art air pollution controls at two of the Culley Station units, and elect to shut down a third unit or repower the unit with natural gas. Approximately 10,600 tons of