EPA filed a new type of NSR case yesterday against Oklahoma Gas & Electric (OG&E). Instead of claiming that emissions increased and that the utility conducted a “major modification” without a required permit, EPA is claiming that OG&E failed to prepare proper emission projections in the notifications that it provided to the state permitting authority for the following 8 projects, which OG&E conducted between 2003 and 2006:
- Muskogee 4: $3.73 million “overhaul” to replace economizer
- Sooner 2: $2.5 million “overhaul” to replace economizer
- Muskogee 5: $10.2 million “overhaul” to replace turbine blades with “advanced design steam path” blades and add surface area to the boiler
- Muskogee 6: $10.8 million “overhaul” to replace turbine blades with “advanced design steam path” blades and add surface area to the boiler
- Muskogee 4: $5.8 million “overhaul” to replace turbine blades with “advanced design steam path” blades and add surface area to the boiler
- Muskogee 5: $4.33 million “overhaul” to replace economizer and low pressure turbine blades
- Sooner 1: $12.4 million “overhaul” to replace economizer, turbine rotor, low pressure blades, and add surface area to the boiler
- Sooner 2: $11.1 million “overhaul” to replace turbine blades and turbine rotor with “advanced design steam path” blades and add surface area to the boiler
EPA claims that OG&E promised to “limit emissions” to avoid any “significant” increase, instead of preparing true “projected actual emissions” calculations. As such, EPA is asking the court for a declaratory judgment that OG&E failed to properly calculate future emissions, and thus failed to comply with the CAA. EPA is also asking the court to order OG&E to make proper emission projections “to be evaluated and permitted as necessary,” even though the projects happened years ago and OG&E is claiming no increase actually occurred.
In light of the Sixth Circuit’s statement in DTE that limiting emissions to avoid a significant increase is “entirely consistent with the statute and regulations,” this could be a very interesting case to watch. The complaint is here: EPA Complaint for OG&E