Parties to a 2007 consent decree, including American Electric Power Service Corp. (AEP), the U.S. Environmental Protection Agency (EPA), eight states, and a number of environmental groups, have filed a revision aiming to accelerate emission cuts previously agreed to. United States v. Am. Elec. Power Serv. Corp., No. 2:99-cv-01182 (S.D. Ohio modified decree filed 2/22/13). AEP had allegedly modified operations at multiple plants in multiple states without undergoing new source review or obtaining a permit. The case was settled under a 2007 consent decree that called for installation of additional emission controls and set limits on emissions from specific AEP plants.
AEP requested modifications to the 2007 consent order to allow it to install emission controls that are not contemplated in the 2007 consent order at one of its plants. As finalized, the agreement calls for more rapid reductions in sulfur dioxide emissions throughout the AEP system and the addition of newer control technology at some plants. It also includes AEP’s agreement to cease burning coal at several generating units and to either retire or refuel those units.