9/18/03 - REFERRAL SENT TO DOJ.
1. By failing to obtain PSD permits for the modifications and new construction at plants owned by the Defendant, Santee Cooper (South Carolina Public Service Authority), Santee Cooper violated Section 165(a) of the Act, 42 U.S.C. ?? 7475(a), and regulations under the South Carolina. Furthermore, Santee Cooper violated the Title V provisions of the Act, 42 U.S.C. ?? 7661 et. seq., by failing to properly address the PSD requirements under its Title V permits for those plants.
Santee Cooper made the following modifications at its Winyah coal-fired electric generating plant:
??? Replacement of major portions of the reheater and waterwall at Unit 1 in 1997
??? Boiler modifications at Unit 2 in 1985 ??? Replacement of major portions of the waterwall at Unit 2 in 1999
??? Replacement of major portions of the waterwall at Unit 3 in 1996.
In addition Santee Cooper commenced and continued construction of an entirely new coal-fired generating unit at its Cross Plant in late 2002 and early 2003. Moreover, Santee Cooper operating the modified units at the Winyah Plant without first installing modern pollution controls at the modified units, as required under the PSD provisions of the Act, resulting in the illegal emission of massive amounts of SO2, NOx, and Particulate Matter (PM).
2. Santee Cooper is the only defendant and is a quasi-public utility, created by an act of the South Carolina legislature and managed by a Board o