United States v. Golden Valley Electric Association, et al. Notice of Lodging of Proposed Consent Decree 

### ELLEN MAHAN Acting Section Chief JUSTIN A. SAVAGE, Senior Counsel (D.C. Bar 466345) U.S. Department of Justice Environment and Natural Resources Division Environmental Enforcement Section Ben Franklin Station, P.O. Box 7611 Washington, D.C. 20044-7369 Tel: (202) 514-5293 Fax: (202) 616-6584 DEAN K. DUNSMORE U.S. Department of Justice Environment and Natural Resources Division 801 B Street, Suite 504 Anchorage, Alaska 99501-3657 Tel: (907) 271-5452 Fax: (907) 271-5827 Email: dean.dunsmore@usdoj.gov Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

__________________________________________ ) UNITED STATES OF AMERICA, ) ) ) Plaintiff ) ) ) ) ) v. ) Civil Action No.: ____ ) Notice of Lodging of Consent Decree GOLDEN VALLEY ELECTRIC ASSOCIATION ) For 30-Day Public Comment Period and ALASKA INDUSTRIAL DEVELOPMENT ) AND EXPORT AUTHORITY, ) )

Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 1 of 672 United States v. Golden Valley Electric Association, et al. Notice of Lodging of Proposed Consent Decree 

### ) Defendants. ) ) _________________________________________ ) UNITED STATES’ NOTICE OF LODGING OF PROPOSED CONSENT DECREE FOR 30-DAY PUBLIC COMMENT PERIOD The United States has lodged withthe Court as Exhibit 1 to this Notice a proposed Consent Decree that would resolve all litigation in this action commencedby the contemporaneous filing of its Complaint. The United States respectfully requests that the Court not consider whether to approve and enter the settlement embodied in the proposed Consent Decree at this time. The United States is required by regulation to invite the public to comment on the proposed Consent Decree for a period of thirty (30) days before seeking judicial approval. Upon expiration of that comment period, the United States will advise the Court of any comments received and of the United States’ position as to whether the proposeddecree should be approved and entered by the Court. Pursuant to 28 C.F.R. § 50.7, the United Statesmay not seek the Court’s approval of the proposed Consent Decree until the opportunity for public comment is satisfied. Notice of the lodging of this Consent Decree, and the opportunity to comment thereon, will be published in the Federal Register. The United States will then receive public comments on the proposed Consent Decree for the requisite 30-day public comment period. During the pendency of the public comment period, no action is required of this Court. This regulatory requirement has been acknowledged by the parties to the proposed decree as a condition of the settlement as reflected in Paragraph 175 of the proposed decree. Upon expiration of the comment period, the United

Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 2 of 673 United States v. Golden Valley Electric Association, et al. Notice of Lodging of Proposed Consent Decree 

### States will provide the Court with any comments received and advise the Court of its position regarding approval and entry of the decree. In the meantime, the United States respectfully requests that the Court take no actionwith respect to Exhibit 1 to this Notice, the lodged Consent Decree, until the United States moves for the entry of the Consent Decree or otherwise advises the Court.
Respectfully submitted, _/s/ Justin A. Savage JUSTIN SAVAGE Senior Counsel Environmental Enforcement Section Environment and Natural Resources Division P.O. Box 7611 Washington, DC 20044-7611 (202) 514-5293 justin.savage@usdoj.gov /s/ Dean K. Dunsmore DEAN K. DUNSMORE U.S. Department of Justice Environment and Natural Resources Division 801 B Street, Suite 504 Anchorage, Alaska 99501-3657 Tel: (907) 271-5452 Fax: (907) 271-5827 Email: dean.dunsmore@usdoj.gov
Attorneys for Plaintiff

Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 3 of 674 United States v. Golden Valley Electric Association, et al. Notice of Lodging of Proposed Consent Decree 

### Of Counsel: SABRINA ARGENTIERI Attorney-Advisor, Air Enforcement Division United States Environmental Protection Agency U.S. Environmental Protection Agency, Region V 77 W. Jackson Blvd. Chicago, Illinois 60604 JULIANE MATTHEWS Assistant Regional Counsel Office of Regional Counsel U.S. EPA Region 10 (ORC-158) 1200 Sixth Avenue, Suite 900 Seattle, WA 98101

Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 4 of 675 United States v. Golden Valley Electric Association, et al. Notice of Lodging of Proposed Consent Decree 

### IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

__________________________________________ ) UNITED STATES OF AMERICA, ) ) ) Plaintiff ) ) ) ) ) v. ) Civil Action No.: ____ ) Notice of Lodging of Consent Decree GOLDEN VALLEY ELECTRIC ASSOCIATION ) For 30-Day Public Comment Period and ALASKA INDUSTRIAL DEVELOPMENT ) AND EXPORT AUTHORITY, ) ) ) Defendants. ) ) _________________________________________ ) EXHIBIT 1: PROPOSED CONSENT DECREE FOR 30-DAY PUBLIC COMMENT PERIOD

Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 5 of 67ELLEN MAHAN

Acting Section Chief JUSTIN A. SAVAGE,Senior Counsel (D.C.Bar 466345) U.S. Department ofJustice Environment and Natural Resources Division Environmental Enforcement Section. Ben Franklin Station, P.O.Box 761.1 Washington,D.C. 20044-7369 Tel:(202)514-5293 Fax:(202)616-6584 DEAN K.DUNSMORE U.S. Department ofJustice Environment and Natural Resources Division 801 B Street, Suite 504 Anchorage,Alaska 99501 -3657 Tel:(907)271 -5452 . Fax:(9U7)271 -5827 Email: dean.dunsmore@usdoj.gov Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

UNITED STATES OF AMERICA, )

Plaintiff )

v. ) Civil Action No.: Consent Decree GOLDEN VALLEY ELECTRIC ASSOCIATION ) INC. and ALASKA INDUSTRIAL ) DEVELOPMENT AND EXPORT AUTHORITY, )

Defendants. ) 1
CONSENT DECREE

United States v. Golden Malley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 6 of 67TABLE OF CONTENTS

L JURISDICTION AND VENiJE ....:............................................... .......:......................3 IL APPLICABILITY ..............................................:........................:...: ..................:...........4 III. DEFINITIONS.... ............................:.. ......:................................... .........................:....5 IV. CIVIL PENAL' I' Y..................................................:.........:.............. ...:.........................12 V. NOX EMISSION REDUCTIONS AND CONTROLS .....:............. .................:...........13 VI. S02 EMISSION REDUCTIONS AND CONTROLS .................... ......:....:.................i5 VII. PM EMISSION REDUCTIONS AND CONTROLS ..................... .............................16 VIII. PROHIBITION ON NETTING CREDITS OR OFFSETS .........:................ ....19 IX. ENVIIZONMENTAL MITIGATION PROJECT .................:...... ~..:.....................,......20 X. MERCURY........................:............................................................ .............................22 XI. RESOLUTION OF CNIL CLAIMS......................:...... ................ .................23 XII. PERIODIC REPORTING............................................................... ..................:.....:....23 XIII. REVIEW AND APPROVAL OF SUBMITTALS ....................:.... .............................25 XIV. STIPULATED PENALTIES .......................................................... ...:......................:..26 XV. FORCE MAJEURE .........:.............:......:........................................ .............................36 XVI. DISPUTE RESOLUTION ....:.................:..............:........................ .............................39 XVII. PERMITS..............................................................:...........:..........................................41 XVITI. INFORMATION COLLECTION AND RETENTION ................. .............................44 XIX. NOTICES........................................................................................ .............................45 XXI. EFFECTIVE DATE........................................................................ .............................50 XII. RETENTION OF JURISDICTION ................................................ .............................50 XIII. MODIFICATION ........................................................................... .............................51 XXN. GENERAL PROVISIONS ..........................................................................................51 XXV. SIGNATORIES AND. SERVICE ................................................... .............................54 XXVI. PUBLIC COMIlVIENT /AGENCY REVIEW: ......... ........ ....... .:...............:...........55 XXVII. CONDITIONAL TERMINATION OF ENFORCEMENT UNDER CONSENT 

### DECREE............. :.............................. ....:...: :........ ..._................ ....:...............:......55 XXVIII. FINAL JUDGMENT ....................................................................... ...................:.........56

i

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 7 of 67WHEREAS,Plaintiff, the United States ofAmerica( "the United States"), on behalfofthe

United States Environmental Protection Agency ( "EPA"), is concurrently filing a Complaint and Consent Decree,for injunctive reliefpursuant to Section 167 ofthe Clean Air Act( "Act" or "CAA"), 42 U.S.C. §7477,to prevent Golden Valley Electric Association, Inc.( "GVEA ")and/or the Alaska Industrial Development and Export Authority( "AIDEA")(collectively the "Defendants")from violating the Prevention ofSignificant Deterioration ( "PSD") provisions of Part C ofSubchapter I ofthe Act,42 U.S.C. §§ 7470-7492, and the federally enforceable Alaska State Implementation Plan ( "SIl'"); WHEREAS,

Unit 1 at the Healy Power Plant in Healy,Alaska is a nominal 25 megawatt ( "MW")coal-fired electric generating unit owned and operated by GVEA; WI~REAS,Unit 2 at the Healy Power Plant, the Healy Clean Coal Project( "HCCP"or "Unit 2")is a nomina150 MW coal-fired electric generating unit that is currently owned by AIDEA,with GVEA acting as the operator ofthe unit; WHEREAS,Unit 2 previously went through PSD review and received an Air Quality Control Permit issued in 1993 and amended in 1994; WHEREAS,Unit 2 was constructed in 1997 and has not been operated since 1998

- 1999;. WHEREAS,in its Complaint,the United States alleges, inter alia, that Defendants intend to reactivate and/or restart HCCP or Unit 2; WHEREAS,

the Complaint further alleges that the Defendants'project at Unit 2 at the Healy Power Plant, a major emitting facility, would result in the construction ofa new source or, in the alternative, a major modification ofan existing source without obtaining the necessary 1

United States v. Golden Palley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 8 of 67permits under the Act and installing and operating the state-of -the-art controls necessary under the Act to reduce air pollutants, particularly oxides ofnitrogen ( "NOX ")emissions from Unit 2; WHEREAS,

Defendants have denied and continue to deny the violations alleged in the Complaint,maintain that their construction and operation activities at the Healy Power Plant -. have been and remain fully permitted and in compliance with the Clean Air Act,Defendants are not liable for civil penalties or injunctive relief, and state that they are agreeing to the obligations imposed by this Consent Decree solely to avoid the costs and uncertainties oflitigation; WHEREAS,Defendants do not admit any liability to the United States or any other person, and nothing herein shall constitute an admission ofliability; WHEREAS,

the Parties agree that nothing in this Consent Decree shall constitute an admission ofliability in this or any other proceeding; WHEREAS,GVEA is a small, not
-for

-profit rural electric power generating cooperative serving approximately 44,000 meters and with an approximate peak demand of 220 megawatts; WI~REAS,GVEA serves the Alaskan Interior where,because ofextreme climate conditions, prudent utility practice is to conduct construction and maintenance on generating and transmission facilities during summer months and where dispatch schedules may be impacted by extreme climate during winter months; WHEREAS,GVEA is an isolated power generating system operating without connection to an interstate transmission grid; WHEREAS,GVEA is generally not directed to supply power on an emergency basis by any governmental agency or regulatory authority, nor is GVEA subject to a Regional Transmission Organization or Independent System Operator;

2

United States v. Golden Valley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 9 of 67WHEREAS,GVEA must supply electricity to the Alaskan'Interior, particularly during

the winter months,to protect against the loss oflife and destruction ofproperty under extreme climate conditions regardless ofsystem upsets and malfunctions; WHEREAS,

the Parties recognize that the restart activities for Unit 2 may require up to 18 months to complete; WI~REAS,pursuant to terms ofthis Consent Decree,the Defendants are taking a number ofactions to mitigate.emissions from the.restart ofUnit 2 including emission reductions at Unit 1 ofthe Healy Power Plant and a stove changeout project; WHEREAS,

the Parties recognize that EPA is currently reviewing the Regional Haze SIP submittal from Alaska and that EPA may consider the enforceable conditions in this Consent Decree when it takes .final action on that SIP submission; WI~REAS,

the Parties believe that the emission limits established under this Consent Decree are enforceable limits for purposes ofBest Available Retrofit Technology( "BART")and the Regional Haze SIP in Alaska; WHEREAS,

the Parties have agreed, and this .Court by entering this Consent Decree finds, that this Consent Decree has been negotiated in good faith and at arm's length and that this Consent Decree is fair,reasonable, in the public interest, and consistent with the goals ofthe Act; NOW, TI~REFORE,with the consent ofthe Parties, it is hereby ORDERED, ADJUDGED,AND DECREED as follows: 11~_-- 1 _ 1 ~ -:_ELI L_ ~lJ_ 1. This Court hasjurisdiction over this action,the subject matter herein, and the Parties consenting hereto, pursuant to 28 U.S.C. §§ 1331, 1345, 1355, and 1367,and pursuant to Section 167 ofthe Act,42 U.S.C. § 7477. Venue is proper under Section 167 of 3

United States v. Golden Palley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 10 of 67the Act, 42 U.S.C. § 7477 and under 28 U.S.C. § 1391(b)and (c). For purposes.ofthis

Consent Decree, any action to enforce this Consent Decree,and the underlying Complaint, the Defendants consent to the Court's jurisdiction over this action, to the Court's jurisdiction.
over the Defendants, and to venue in this district. The Defendants consent to and shall not challenge entry ofthis Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree. 2. For purposes ofthis Consent Decree,Defendants agreethat the Complaint states claims upon which reliefmaybe granted pursuant to the PSD program. II. APP .T RIL.ITY 3. Subject to Section XX (Sales or Transfers ofOperational or Ownership Interests), the provisions ofthis Consent Decree apply to and are binding upon the Parties, their
successors and assigns,and upon the Defendants' directors,..officers,.employees, servants, and agents. 4. Defendants shall provide a copy ofthis Consent Decree to all officers, employees, and agents whose duties might reasonably include compliance with any provision ofthis Consent Decree, as well as to any vendors, suppliers, consultants, contractors; agents, and any other company other organization retained to perform any ofthe- work required by this Consent Decree. Notwithstanding any retention ofcontractors, subcontractors, or agents to perform any work required under this Consent Decree,the.Defendants shall be responsible for ensuring that all work is performed in accordance.with the requirements ofthis Consent Decree. In any action to enforce this Consent Decree, subject to Section XV (Force Majeure),Defendants shall not assert as a defense the failure ofits officers, directors,

4

United States v. Golden Yalley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 11 of 67employees, servants, agents, or contractors to take actions necessary to comply with this

Consent Decree.
o ~I I~1 Y 1 ~ . 5. Every term expressly defined by this Section shall have the meaning given that term herein. Every other term used in this Consent Decree that is also a term used under the Act or in a federal regulation implementing the Act shall mean in this Consent Decree what such term means under the Act or those regulations. 6. A "30-Day Rolling Average NOX Emission Rate" for a Unit shall be expressed in lb /mmBTU and calculated in accordance with the following procedure: first,.sum the total pounds ofNOX emitted from the Unit during the current Unit Operating Day and the previous 29 Unit Operating Days; second, sum the total heat input to the Unit in mmBTU during the current Unit Operating Day and the previous 29 Unit Operating Days;and third, divide the total number ofpounds ofNOX emitted during the 30 Unit Operating Days by the total heat input during the 30 Unit Operating. Days. Anew 30-Day Rolling Average NOX Emission Rate shall be calculated far.each new Unit Operating. Day. Each 30-Day Rolling.Average NOX Emission Rate shall include all emissions that occur during all periods within any Unit Operating Day,including emissions from startup, shutdown,and Malfunction. 7. A "30-Day Rolling Average PM Emission Rate" for a Unit shall be expressed in lb/mmBTU and calculated in accordance with the following procedure: first, sum the total pounds ofPM emitted from the Unit during the current Unit Operating Day and the previous 29 Unit Operating Days; second, sum the total heat input to the Unit in mmBTU during the current Unit Operating Day and the previous 29 Unit Operating Days;and third, divide the. total number ofpounds ofPM emitted during the 30 Unit Operating Days by the total heat 5

United States v. Golden Yadley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 12 of 67input during the 30 Unit Operating Days. Anew 30-Day Rolling Average PM Emission Rate

shall be calculated for each new Unit Operating Day. Each 30-Day Rolling Average PM Emission Rate shall include all emissions-that occur during all periods within any Unit Operating Day,including emissions. from startup, shutdown,and Malfunction. 8. A "30-Day Rolling Average SO2 Emission Rate" for.a Unit shall be expressed in lb /mmBTU and calculated in accordance with the following procedure: first, sum the total pounds of S02 emitted from the Unit during the current Unit Operating Day and the previous 29 Unit Operating Days; second, sum the total heat inputto the Unit in mmBTU during the current Unit Operating Day and the previous 29 Unit Operating Days; and third, divide the total number ofpounds ofS02 emitted during the 30Unit

- Operating Days by the total heat input during the 30 Unit Operating Days. Anew 30-Day Rolling Average SOZ Emission Rate shall be calculated for each new Unit Operating Day. Each 30-Day Rolling Average S02Emission Rate shall include all emissions that occur during all periods within any Unit Operating Day,including emissions from startup, shutdown,-and Malfunction. 9. "AIDEA"means the Alaska Industrial Development and Export Authority. 10. "Alaska SIP"means the Alaska State Implementation Plan, and any amendments thereto, as approved by EPA pursuant to Section 110 ofthe Act,42 U.S.C. § 7410. 11. "Baghouse"means a full stream (fabric filter or membrane)particulate emissions control device. 12. "GEMS"or "Continuous Emission Monitoring System," means,for obligations involving the monitoring ofNOS,502,and PM emissions under this ConsentDecree,the devices defined, installed and maintained specified by 40 C.F.R.Parts 60 and flow

6

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 13 of 67monitoring devices necessary to calculate compliance with the Unit 1 and Unit 2 Annual

Tonnage Limitation. 13. "Clean Air Act" or "Act" or "CAA"means the federal Clean Air Act, 42 U.S.C. §§ 7401-7671q,and its implementing regulations. 14. "Complaint" means the.complaint filed by the United States in this action. 15. "Consent Decree" means this Consent Decree. 16. "Continuously Operate" ar "Continuous Operation" means that when a pollution control technology or combustion control is required to be used at a Unit pursuant to this Consent Decree (including, but not limited to, SCR,SNCR,SDA,DSI,Bag~ouse or TRW Slagging Combustor), it shall be operated at all times such Unit is in operation, except as otherwise provided by Section XV (Force Majeure),so as to minimize emissions to the greatest extent practicable, consistent with the technological limitations, manufacturers' specifications, and good engineering and maintenance practices for such equipment and the Unit.

17. "Date ofEntry"means the date this Consent Decree is approved or signed by the United States District Court Judge. 18. "Date ofLodging" means the date this Consent Decree is filed for lodging with the Clerk ofthe Court for the United States District Court for the District ofAlaska. 19. "Day"means calendar day unless otherwise specified in this Consent Decree. In computing any period oftime under this Consent Decree, where the last day would fall on a Saturday, Sunday or federal holiday,the period shall run until the close ofbusiness on the next business day. 20. "Defendants" means GVEA and AIDEA.

7

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 14 of 6721. "Dry Sorbent Injection" or "DSI" means an add-on air pollution control system in

which sorbent (e.g:, Trona,hydrated lime, sodium carbonate, etc.) is injected into the flue gas stream upstream ofa PM Control Device to react with and neutralize acid gases (such as SOZ and hydrogen chloride) in the exhaust stream forming a dry powder material that maybe removed in a primary or secondary PM Control Device. 22. "Emission Rate" for a given pollutant means the number ofpounds ofthat pollutant emitted per million British thermal units ofheat input (lb /mmBTi~,measured in accordance with this Consent Decree. 23."Environmental Mitigation Project" or "Project" means the project set forth in Section IX ofthis Consent Decree. 24. "EPA"means the United StatesEnvironmenta.l Protection Agency. 25. "First Fires Coal" or "First Firing of Coal" means the first day after which any coal ofany type or quantity is combusted in Unit 2. 26. "Fossil Fuel" means any hydrocarbon fuel, including coal, petroleum coke, petroleum oil, or natural gas. 27. "GVEA"means Golden Valley Electric Association;Inc., and its wholly owned subsidiaries. 28. "Healy Power Plant" means, solely for purposes ofthis Consent Decree, the Healy Power Plant, consisting ofthe following pulverized coal-fired boilers designated as Unit 1 (nominally 25 MVO and Unit 2(nominally 50 MVO and related emission control equipment,which is located in Healy,Alaska. 29. "lb /mmBTU"means pound per million British thermal units.



### s

United States v. Golden Valley Electric Association,, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 15 of 6730. "Malfunction" means a failure to operate in a normal or usual manner by any air

pollution control equipment,process equipment, or a process, which is sudden, infrequent, and not reasonably preventable. Failures that are caused in part by poor maintenance or careless operation are not Malfunctions. 31. "Month" shall mean calendar month unless otherwise specified in this Consent Decree.32. "Netting" shall mean the process ofdetermining whether a particular physical change or change in the method, ofoperation ofa major stationary source results in a "net emissions increase," as that term is defined a~ 40 C.F.R. § 52.21(b)(3)(i)and in the Alaska SIP. 33. "NOX

".means oxides ofnitrogen,measured in accordance with the provisions.of this Consent Decree. 34. "Operational or Ownership Interest" means part or all ofAIDEA's or GVEA's legal or equitable ownership interest in any Unit( "Ownership Interest")or the -right to be the operator (as that term is used and interpreted under the Act)ofany Unit. 35. "Parties" means the United States ofAmerica on behalfofEPA,AIDEA and GVEA. "Party" means one ofthe named "Parties." 36. "PM"means total filterable particulate matter, measured.in accordance with the provisions ofthis Consent Decree. 37. "PM CEMS"or "PM Continuous Emission Monitoring System" means,for obligations involving the monitoring ofPM emissions under this Consent Decree,the ; equipmentthat samples, analyzes,measures, and provides, by readings taken at frequent intervals, an electronic and/or paper record ofPM emissions. 9

United States v. Golden Valley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 16 of 6738. "PM Control Device"means any device, including but not limited to, a Baghouse,

which reduces emissions ofPM. 39. "PM Emission Rate" means the number ofpounds ofPM emitted per million BTU ofheat input (lb

/mmBTU). 40. "Prevention ofSignificant Deterioration" or "PSD"means the Source Review program within the meaning ofPart C of Subchapter I ofthe Act, 42 U.S.C. §§ 7470- 7492 and 40 C.F.R.Part 52,and corresponding provisions ofthe federally enforceable Alaska SIP. 41. "Project Dollars" means Defendants' expenditures and payments incurred or made in carrying out the Environmental Mitigation Project identified in Section IX (Environmental Mitigation Project)ofthis Consent Decree to the extent that such expenditures or payments both: (a)comply with the requirements set forth in .Section IX of this Consent Decree, and (b)constitute Defendants' direct payments for such projects, or Defendants' external costs for contractors, vendors, and equipment. 42. "Regional Haze State Implementation Plan" or "Regional Haze SIP"means the State Implementation Plan developed pursuant to section 169A and 169B ofthe CAA ,42 U.S.C. §§ 7491 and 7492. -7492 and 40 C.F.R. §§ 50.308 and 50.309. 43. "Retire" means that GVEA shall permanently shut down and cease to operate Unit 1 such that it cannot legally burn any fuel nor produce any steam.-for electricity production and that GVEA shall comply with applicable state and federal requirements for permanently retiring acoal-fired electric generating unit, including removing Unit 1 from Alaska's air emissions inventory and amending all applicable permits so as to reflect the permanent shutdown status ofUnit 1.

United States v. Golden Valley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 17 of 6744. "SCR"or "Selective Catalytic Reduction"means an air pollution control device

for reducing NOX emissions in which ammonia (NH3)is added to the flue gas and then passed through layers ofa catalyst material. The ammonia and NOx in the flue gas stream react on the surface ofthe catalyst, forming nitrogen (N2)and water vapor. 45. "SDA"or "Spray Dry Absorber" means the flue gas desulfurization equipment used for removing SOZ and other acid gases from the flue gas and is currently installed on Unit 2. 46. "SNCR"or "Selective Non
-Catalytic Reduction" means a pollution control device for the reduction ofNOX emissions through the use ofselective non-catalytic reduction technology that utilizes ammonia or urea injection (or an equivalent reagent as approved by EPA)into the boiler. 47. "S02"means sulfur dioxide, measured in accordance with the provisions ofthis Consent Decree. 48. "State" means the State ofAlaska. 49. "Title V Permit" means the Final Air Qualify Control Permit No.. AQ0173T'VP02 issued by the Alaska Department ofEnvironmental Conservation to GVEA orr February 3, 2012 pursuant to Subchapter V-ofthe Act, 42 U.S.C: §§ 7661-7661e. 50. "Unit 1" means the Foster
-Wheeler Boiler pulverized coal-fired steam generator including emission control equipment owned and operated by GVEA. 51. "Unit 2" means the TRW Integrated Entrained Combustion System pulverized coal-fired steam generator, including emission control equipment,that is currently owned by AIDEA. it

United States v. Golden Palley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 18 of 6752. "Unit 1 and Unit 2Annual Tonnage Limitation" means the sum ofthe tons of

pollutant in question emitted'from Unit 1 and Unit 2 including, without limitation; all tons of that pollutant emitted during periods ofstartup, shutdown,.and Malfunction, in the designated year. 53. "United States" means the United States ofAmerica, acting on behalfofEPA. 54. "Unit Operating Day"means,for Unit 1, any day on which Unit 1 fires Fossil Fuel and for Unit 2,any day on which Unit 2 fires Fossil Fuel.



## ~~i~~r~a~r_:~~M~4 55. Within 30 days after the Date ofEntry ofthis Consent Decree, GVEA,on behalf ofDefendants, shall pay to the United States a civil penalty in the amount of$115,000.00. The civil penalty shall be paid by Electronic Funds Transfer ( "EFT")to the United States Deparhnent ofJustice, in accordance with current EFT procedures,referencing DOJ Case Number 90-5-2- 1- 10615,the civil action case name and case number assigned to this case. The costs ofsuch EFT shall be GVEA's responsibility. Payment shall be made in accordance with instructions provided to GVEA by the Financial Litigation Unit ofthe U.S. Attorney's Office for the District ofAlaska. At the time ofpayment,GVEA shall provide notice ofpayment,referencing the DOJ Case Number,and the civil action case.name and
case number,to the Department ofJustice and to EPA in accordance with Section XIX (Notices)ofthis Consent Decree. 56. Failure to timely pay the civil penalty shall subject GVEA to interest accruing from the date payment is due until the.date payment is made at the rate prescribed by 28 U.S.C. § 1961, and shall render GVEA liable for all charges, costs, fees,.and penalties established by law for the benefit ofa creditor or ofthe United States in securing payment. 12

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 19 of 6757.Payments made pursuant to this Section are penalties within the meaning of

Section 162(fl ofthe Internal Revenue Code, 26 U.S.C. § 162(fl, and are not tax
-deductible expenditures for purposes offederal law.

V. NO4 EMISSION REDUCTIONS AND CONTROLS

58. Upon Defendants' First Firing ofCoal at Unit 2, Defendants shall achieve and maintain at Unit 2 a 30-Day Rolling Average NOX Emission Rate ofno greater than 0.325 lb /mmBTU. 59. Defendants shall install an SCR at Unit 2 on or before September 30, 2016, or 24 months after Unit 2 First Fires Coal,whichever is later. Continuing thereafter, Defendants shall Continuously Operate such SCR at Unit 2so that it achieves and maintains a 30-Day Rolling Average NOX Emission.Rate ofno greater than 0.0801b /mmBTU. 60. GVEA shall install an SNCR at Unit 1 on or before September 30,2015,or 18 months after Unit 2 First Fires Coal,whichever is later. Continuing thereafter, GVEA shall Continuously Operate such SNCR so that it achieves and maintains a 30-Day Rolling Average NOX Emission Rate ofno greater than 0.201b /mmBTU until GVEA either retires Unit 1 pursuant to Paragraph 62 or installs an SCR at Unit 1 pursuant to Paragraph 63. 61.On or before December 31, 2022,GVEA shall elect to (a)Retire Unit 1 or (b) install and operate an SCR at Unit 1 (or an alternative control technology approved by EPA)
as provided in Paragraph 63. GVEA shall provide Notice ofsuch election pursuant to Section XIX (Notices). 62. IfGVEA elects to Retire Unit 1 pursuant to Paragraph 61,GVEA shall Retire Unit 1 by no later than December 31, 2024. 13

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 20 of 6763. IfGVEA elects to continue to operate Unit 1 pursuant to Paragraph 61,then

GVEA shall install an SCR at Unit 1 (or an alternative control technology approved by EPA) commencing on December 31, 2024. Continuing thereafter, GVEA shall Continuously Operate such SCR (or alternative control technology approved by EPA)so that it achieves and maintains a 30-Day Rolling Average NOX Emission. Rate ofno greater than 0.070 lb /mmBTU. B. Unit 1 and Unit 2 Annual NO Tonna Limitation 64. Unit 1 and Unit 2 shall operate so as not to exceed the following Unit 1 and Unit 2 Annual NOX Tonnage Limitation: For Each 12

-Month Period,Beginning Unit 1 and Unit 2 Annual NOz Tonnage on January 1St, within the Dates Limitation:

Specified Below: 1,239 For the.first full year ofoperation following installation ofSNCR on Unit 1 533 For the first full year ofoperation following installation ofSCR on Unit 2 throu 2024 352 For the first full year ofoperation following installation ofSCR on Unit 1 231 For the first full year ofoperation following

retirement ofUnit 1 C. Monitorin ofNO Emissions In determining a 30-Day Rolling Average NOX Emission Rate,Defendants shall use NOX emission data obtained from a CEMS in accordance with the procedures of40 C.F.R.Part 60,and flow monitoring devices necessary to calculate compliance with the Unit 1 and Unit 2 Annual Tonnage Limitation.
14

United States v. Golden Valley Electric Association, et a1., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 21 of 67VI. SO, EMISSION REDUCTIONS: AND-CONTROLS A. Installation, Operation and Performance SO, Requirements 65. Commencing on the Day that Unit 2 First Fires and continuing thereafter, Defendants shall Continuously Operate the existing SDA on Unit 2 so that it achieves and maintains a 30-Day Rolling Average S02 Emission Rate ofno greater than O.10 lb/mmBTU. 66. Commencing September 30, 2015 or 18 months after Unit 2 First Fires Coal; whichever is later, and continuing thereafter, Defendants shall Continuously Operate the existing DSI at Unit 1 so that it achieves and maintains a 30-Day Rolling Average S02 Emission Rate ofno greater 0.301b /mmBTU:

- B. Unit 1 and Unit 2 Annual S0 e Limitation 67. Unit 1 and Unit 2 shall operate so as not to exceed the following Unit 1 and Unit 2 Annual SOZ Tonnage Limitation: For Each 12-Month Period,Beginning on Unit 1 and Unit 2 Annual S02 Tonnage January 1St, within the Dates Specified Limitation:

Below:.: January 1, 2016 and continuing each 12- 701 month period thereafter IfUnit 1 is Retired pursuant to Paragraph 248 62: January 1 ofthe calendar year after the retirement and continuing each 12- monthperiod thereafter C. Monitorin of S0 Emissions 68. In determining a.30-Day Rolling Average S02Emission Rate,Defendants shall
use S02 emission data.obtained from a CEMS accordance with the procedures of 40 C.F.R.Part 60,and flow monitoring devices necessary to calculate the Unit 1 and Unit 2 Annual Tonnage Limitation.

15

United States v. Golden Valley Electric Association, et a1., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 22 of 67YII. PM EMISSION I~F.DUCTIONS ~Nl~ CONTROLS A. Optimization of Baghouses 69. Commencing upon the Date ofEntry ofthis Consent Decree for Unit 1, and continuing thereafter, GVEA shall Continuously Operate the. Baghouse on Unit 1. 70.Exceptasrequired during correlation testing under 40 C.F.R. Part 60,Appendix B, Performance Specification 11, and Quality Assurance Requirements under Appendix F, Procedure ~, as required bythis Consent Decree, GVEA for Unit 1 and Defendants far Unit 2 shall Continuously Operate; at a minimum,to the extent practicable: each compartment of the Baghouse for Unit 1 and Unit 2(regardless ofwhether those actions-are needed to comply with opacity limits);repair any failed Baghouse compartment at the next planned Unit outage (or unplanned outage ofsufficient length); and maintain and replace bags on each Baghouse for Unit 1 and Unit 2 as needed to maximize collection efficiency, where applicable. B. Operation and Performance Requirements for PM Controls 71. Commencing on the Day that Unit 2 First Fires Coal,Defendants shall Continuously Operate the existing Baghouse at Unit 2 so that it achieves.and maintains a 30- Day Rolling Average Filterable PM Emission Rate ofno greater than. 0.0200 lb/mmBTU. 72. Commencing September 30, 2015 ar 18 months after Unit 2 First Fires Coal, whichever is later, GVEA shall Continuously Operate the existing Baghouse at Unit 1 so that it achieves and maintains a 30-Day Rolling Average Filterable PM Emission Rate ofno greater than 0.02001b/mmB'TLJ.

16

United States v. Golden Malley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 23 of 67' \l 1l . 73. Defendants with respect to Unit 2 and GVEA with respect to Unit 1; shall install, correlate, maintain, and operate'PM CEMS on Units 1 and 2 as specified below. The PM CEMS shall be comprised ofa continuous particlemassmonitor measuring filterable particulate matter concentration,directly or indirectly, on an hourly average basis and a diluent monitor used to convert the concentration to units expressed in lb /mmBTU.The PM CEMS installed at Unit 2must be appropriate for the anticipated stack conditions and capable ofmeasuring filterable PM concentrations on an hourly average basis. Defendants -shall maintain, in an electronic database thatmaintains data.for at least five years,the hourly average emission values ofall PM CEMS in lb /mmBTU.Except for periods ofmonitor malfunction,maintenance,repair, calibration, or testing as identified in Defendants' PM CEMS protocols prepared pursuant to Paragraphs 77 and 78; GVEA shall Continuously Operate the PM CEMS at all times when the Unit it serves is operating. 74.Not later than upon First Riring ofCoal in Unit 2,Defendants on Unit 2 and GCEA on Unit.1 shall install, correlate, maintain, and operate PM GEMS on Unit 1 and Unit 2 in accordance with 40 C.F.R.Part 60,Appendix B,Performance Specification 11. 75: Within 180 days ofthe Date ofEntry,Defendants shall submit to EPA a plan for the installation and correlation ofthe PM GEMS. 76. Within 365 days ofthe Date ofEntry,Defendants shall submit to EPA a Quality Assurance/Quality Control( "QA/QC") protocol that shall be followed for such PM CEMS. 77. In developing both the plan for installation and correlation ofthe PM CEMS and the QA/QC protocol,Defendants shall use the criteria set forth in 40 C.F.R.Part 60, Appendix B,Performance Specification 11, and Appendix F,Procedure 2. After PM CEMS 17

United States v. Golden Palley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 24 of 67is installed, Defendants shall thereafter operate the PM CEMS in accordance with the plan

and QA/QC protocol. 78. By no later than the Day Unit 2 First Fires Coal, except for .periods ofmonitor malfunction, maintenance,repair, calibration, testing as identified in Defendants' PM GEMS protocols prepared pursuant to Paragraphs 77 and 78,Defendants shall install, correlate, maintain, and Continuously Operate. the PM CEMS when the Unit.it serves is operating, conduct performance specification tests on the PM CEMS,and demonstrate compliance with the PM GEMS installation and correlation plans submitted to EPA. Defendants shall report;pursuant to Section XII (Periodic.Reporting),the data recorded by the PM GEMS during Unit operation, expressed in lb /mmBTU on a rolling average 30-day basis in compact disc- electronic format to EPA and identify in the report any PM emission rates in excess ofthe applicable PM Emission Rate and any concentrations measured by the PM CEMS that are greater than 125% ofthe highest PM concentration level used in the most recent correlation testing performed pursuant to Performance.Specification 11 in 40 C.F.R. Part 60,Appendix B.

79. Compliance with the PM Emission Rates established by this Consent Decree shall be determined using CEMS data obtained in accordance with Paragraphs 78 and 79. Data from PM CEMS shall be used to monitor compliance with PM Emission Rates established by this Consent Decree on a continuous basis: 80.Nothing in this Consent Decree is intended to, or shall, alter or waive any applicable law (including but not limited to any defenses, entitlements, challenges,; ar

1s

United States v. Golden Valley Electric Association, et a1., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 25 of 67clarifications related to the Credible Evidence Rule, 62 Fed.Reg...8314 (Feb. 24, 1997))

concerning the use ofdata for any purpose under the Act.

II 'CI.It I~I~U 1~ 1 ICI 81. Except as provided in Paragraph 83, emission reductions that result from actions -. to betaken by Defendants after the Date ofEntry ofthis Consent Decree to comply with the requirements ofthis Consent Decree shall not be considered as a creditable contemporaneous emission decrease for the purpose ofobtaining a Netting credit or offset under the Act's Nonattainment NSR and PSD programs. 82. The limitations on the generation and use ofNetting credits and offsets set forth. in the previous Paragraph do not apply to emission reductions achieved by Unit 1 and Unit 2 that are greater than those required under this Consent Decree.. For purposes ofthis Paragraph, emission reductions from Unit 1 and Unit 2 are greater than those required under this Consent Decree ifthey result from such Unit's compliance with federally

-enforceable emission limits that are more stringent than those limits imposed on the Unit under this Consent Decree anti under applicable provisions ofthe Act or the Alaska SIP. Nothing in this Consent Decree is intended to preclude the emission reductions generated"under this Consent Decree from being considered by EPA or the applicable state for the purposes of: attainment demonstrations submitted pursuant to Section 110 ofthe Act, 42 U.S.C. § 7410; determining impacts on National Ambient Air Quality Standards,PSD_ increment, or air quality related values, including visibility, in a Class I area; Best Available Retrofit Technology ( "BART")determinations pursuantto Section 169A(g)(2)ofthe CAA,42 U.S.C. § 7491(g)(2); and reasonable progress portions ofthe Alaska Regional Haze State Implementation Plan. 19

United States v. Golden Palley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 26 of 6783. GVEA,on behalfofDefendants, shall fund as an Environmental Mitigation

Project a change out program for solid-fuel burning devices, including wood or coal stoves, wood or coal-fired furnaces, wood or coal-fired hydronic heaters, or fireplace inserts( "Stove Change Out Project" or "Stove Project")in compliance with the approved plans and schedules for such Project and the other terms ofthis Consent Decree. 84. GVEA shall spend a total of$250,000 in Project Dollars. on a Stove Change.Out Project for municipalities in Interior Alaska, specifically the Fairbanks North Star Borough and Denali Borough (collectively "the Boroughs"). GVEA shall spend no less than $175,000 ofthe Project Dollars by providing funds to the Fairbanks North Star Borough Air Quality Division ( "FNSB")for the express purpose offunding FNSB's existing Change Out Program for solid-fuel burning devices such as stoves ( "FNSB Program"). GVEA shall spend no less than $75,000 in Project Dollars on a Stove Project for the Denali.Borough ( "Denali") that meets the requirements ofthe FNSB Program. After providing notification to EPA pursuant to Section XIX (Notices),the allocation ofProject Dollars between FNSB and Denali may be changed.by GVEA ifone ofthe Boroughs is unwilling or unable to spend Project Dollars on the Stove Change Out Project in compliance with the terms and conditions ofthis Consent Decree.85. To the extent that a Borough is willing to participate in the Stove Change Out Project under this Consent Decree,GVEA shall provide to the United States within 90 days ofthe Date ofEntry ofthis Consent Decree certification from that participating Borough stating that: the Borough shall spend all ofits Project Dollars provided by GVEA exclusively and solely on the Project; the Borough shall limit the use ofits Project Dollars 20

United States v. Golden Palley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 27 of 67for administrative costs associated with the Stove Project to no greater than 10% ofthe

Project Dollars GVEA provides;the Borough shall implement the Stove Project consistent with the materials available on EPA's website at http://www.epa.gov/burnwise; the Borough shall prepare true and accurate reports for GVEA's use in complying with this Consent Decree,to the extent GVEA requests the Borough to do so; and the Borough shall direct Project Dollars to the Stove Change Out Project, such that all Project Dollars,to the best of the Borough's ability, are expended by no later than December 31, 2014 or twenty -four (24) months following the Date ofEntry ofthis Consent Decree whichever is later. 86. GVEA sha11 pay $87,500 to FNSB and $37,500 to Denali within 120 days ofthe Date ofEntry of

this Consent Decree for the Implementation ofthe Change OutProgram,consistent with this Consent Decree and the Boroughs' certifications. Within 365.days ofthe Date ofEntry ofthis Consent Decree;GVEA shall pay $87,500 ofProjectDollars to FNSB and $37,500 in Project Dollaxs to Denali. GVEA shall not include its own personnel costs as a credit ar offset for the Project Dollars to be paid to the Boroughs to implement the Stove.Project. 87. All plans and reports .prepared by GVEA pursuant to the requirements.of this Section IX ofthe Consent Deeree and required to be submitted to EPA shall be publicly available from GVEA without charge. 88. While GVEA intends to have the Stove Change Out Project carried out by the Boroughs,GVEA acknowledges that GVEA will receive credit for the expenditure ofsuch funds as Project Dollars only ifGVEA demonstrates that the funds have been actually spent by the Boroughs,and that such expenditures met all requirements ofthis Consent Decree. Nothing in this settlement shall be construed to prohibit a contractual allocation ofliability

21

United States v. Golden i~alley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 28 of 67between the Boroughs and GVEA,should the Boroughs fail to spend the Project Dollars in

accordance with the certification that it provided to the Parties to this Consent Decree. 89. Beginning one hundred eighty (180)days from the Date ofEntry ofthis Consent Decree, and continually annually thereafter until completion of the Project, GVEA shall provide EPA with written reports (which maybe prepared by the Boroughs)detailing the: progress ofthe Stove.Project, including an accounting ofProject Dollars spent to date. 90. Within 60 Days following the completion ofthe Project required under this Consent Decree GVEA shall submit to the United States a report, which maybe prepared by the Boroughs,that documents: the date that the Stove Project was.completed, i.e., when all ofthe Project Dollars-were spent by the Boroughs; the results ofimplementing the Stoye Project;including the emission reductions or other environmental benefits achieved; and the Project Dollars expended by the Boroughs in implementing the Stove Project. X. MERCURY 91. GVEA stipulates that Unit 1 and Unit 2 at the Healy Power Plantshall comply with the requirements for.mercury emissions from existing coal-fired electric generating. units established by the National Emission Standards for Hazardous Air Pollutants From Coal and Oil-Fired Electric Utility Steam Generating. Units, 40 C.F.R.Part 63, Subpart UUIJ[JU (the "MATS Rule"). 92. GVEA shall make available to the National Park Service ( "NPS")the results of any mercury emissions monitoring required by law conducted on Unit 1 and Unit2 within 45 days ofreceiving a request for such data from the NPS. 93.Nothing in this Consent Decree shall be construed or interpreted to relieve GVEA ofany requirements in the MATS Rule that may otherwise apply to Unit 1 or Unit 2 ofthe 22

United States v. Golden i~alley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 29 of 67Healy Power Plant, including requirements that might apply to emissions ofother hazardous

air pollutants from Unit 1 or Unit 2: t 1 ~ 1 /I ►l. 94. Entry ofthis Consent Decree shall resolve all civil claims ofthe United States against AIDEA and GVEA that are {1)alleged in the Complaint, specifically claims under Section 167 ofthe Act, 42 U.S.C. § 7477,that arise from the proposed modification, proposed restart, and/or proposed reactivation of.Unit 2 at the Healy.Power Plant, and (2) claims that arise, prior to the Date ofLodging ofthis ConsentDecree,from the proposed modification, proposed restart, and/or proposed reactivation ofUnit 2 at the HealyPower Plant under any or all of: (a)Part C and D ofSubchapter I ofthe Act,42 U.S.C. §§ 7470- 7492, 7501 -7515, and the implementing PSD and Nonattainment NSR provisions ofthe Alaska SIP; (b)Section 111 ofthe Act,42 U.S.C. § 7411,and 40 C.F.R. § 60:14; and (c) Title V ofthe Act,42 U.S.C. § 7661-7661f,but only to the extent that such Title V claims are based on Defendants'. failure to obtain terms in the Title V Permit that reflect applicable requirements imposed under Part C or D ofSubchapter I ofthe Act,42 U.S.C. §§ 7470-7492, 7501.-7515, and the implementing PSD and Nonattainment NSR provisions of the Alaska SIP. / C 1 1 C' 1 C I~ 95. After the Date ofEntry ofthis Consent Decree, GVEA for Unit 1 and Defendants far Unit 2 shall submit to the United States a periodic report, within 60 Days after the end of each halfofthe calendar year (January through June and July through December): The report shall include the following information:

23

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 30 of 67a. all information necessary to determine compliance during the reporting period with: all applicable 30-Day Rolling Average NOX Emission Rates and 30-Day Rolling Average S02 Emission Rates; all applicable PM Emission Rates; all applicable Unit 1 and Unit 2Annual Tonnage Limitations;the obligation to ,. monitor NOX, SO2,and PM emissions; and the obligation to optimize PM emission controls; b. the schedule for the installation or upgrade and commencement ofoperation of
new or upgraded pollution control devices required by this Consent Decree,. including the nature and cause ofany actual.or anticipated delays,.and any steps taken by Defendants to mitigate such delay;
c. the date on which Unit 2First Fires Coal; d. all afFrmative defenses asserted pursuant to Paragraphs 110 through 118 during the period covered by the progress report; and
e. an identification ofall periods when any pollution control device required by this Consent Decree to Continuously Operate did not Continuously Operate,the reasons)for the equipment not operating, and the basis for Defendants' compliance or non-compliance with the Continuous Operation requirements of this Consent Decree. 96. In any periodic report submitted pursuant to this Section XII,Defendants may incorporate by reference information previously submitted under its Title V permitting requirements,provided that Defendants attach the Title V Permitreport (or the pertinent portions ofsuch report) and provide a specific reference to the .provisions ofthe, Title.V Permit report that are responsive to the information required in the periodic report. 24

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 31 of 6797. In addition to the reports required pursuant to this Section XII, ifDefendants

violate or deviate from any provision ofthis Consent Decree,Defendants shall submit to United States a report on the violation or deviation within 10 business days after Defendants knew or by the exercise ofdue diligence should have known ofthe event. In the report, Defendants shall explain the cause or causes ofthe violation or deviation and any measures taken or to be taken by Defendants to cure the reported violation or deviation or to prevent such violation or deviation in the future. Ifat any time,the provisions ofthis Consent Decree
are included in Title V Permits, consistent with the requirements for such inclusion in this Consent Decree,then the deviation reports required under applicable Title V regulations shall be deemed to satisfy all the requirements ofthis Paragraph. 98. Each ofDefendants'reports shall be signed by the Responsible Official as defined in Title V ofthe Act for the Healy Power Plant, as appropriate, and shall contain the following certification:

This information wasprepared either by me or under my direction or supef-vision in accordance with a system designed to assure that qualifiedpersonnelproperly gather and evaluate the information submitted. Based on my evaluation, or the direction and my inquiry of the persons)who manage the system, or the persons)directly responsiblefor gathering the information, Ihereby certify underpenalty of

law that, to the best of

my knowledge and belief, this information is true, accurate, and complete. Iunderstand that there are significantpenalties for submitting

false, inaccurate, or misleading information to the United States.

~__ /_I_ . -III ~_ ~ • C 1 - 1
_ _ J. ►/_I_
_ ~~rf. 99. Defendants shall submit each plan, report, or other submission required by this Consent Decree to United States whenever such a document is required to be submitted for review or approval pursuant to this Consent Decree. To the extent EPA approval is required, EPA may approve the submittal or decline to approve it and provide written comments 25

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 32 of 67explaining the basis for declining such approval as soon as reasonably practicable. Within 60

Days ofreceiving written comments from EPA,Defendants shall either: (a)revise the submittal consistent with the written comments and provide the revised submittal to EPA;or (b)submit the -matter for dispute resolution, including the period ofinformal negotiations, under Section XVI (Dispute Resolution)ofthis ConsentDecree. 100. Upon receipt ofEPA's final approval ofthe submittal, or upon completion ofthe submittal pursuant to dispute resolution, Defendants shall implement the approved submittal in accordance with the schedule specified therein or another EPA
-approved schedule or as resolved at the completion ofthe Dispute Resolution process. XIV. STIPiTT.ATED PENALTIES 101. For .any failure by Defendants to comply with the terms ofthis Consent Decree,and subject to the provisions of Sections XV .(Force Majeure)and XVI (Dispute Resolution), Defendants shall pay, within 30 Days after receipt ofwritten demand to Defendants by the United States, the following stipulated penalties to the United States:

26

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 33 of 67Consent Decree Violation Stipulated .Penalty

a. Failure to pay the civil penalty as specified in Section IV $5,000 per Day (Civil Penalty)ofthis ConsentDecree b. Failure to comply with any applicable 30-Day Rolling $1,250 per Day per violation Average NOX Emission Rate, 30-Day Rolling Average S02 ~'~'here the violation is less than Emission Rate, or 30-Day Rolling Average PM Emission 5% in excess ofthe lb /mmBTU Rate limits $2,500 per Day per violation where the violation is equal to or greater than 5%but less than 10% in excess ofthe lb /mmBTU limits $5,000 per Day per violation where the violation is equalto or greater than 10% in excess of the lb /mmBTL7limits c. Failure to comply with the applicable Unit 1 and Unit 2 $2,500 per ton for first 100 tons, Annual NOX Tonnage Limitation established by this $5,000 per ton for each Consent Decree additional ton above 100 tons, plus the payment of$2,500 per ton for an amount oftons equal to two times the number oftons ofNOX emitted that exceeded the Unit 1 and Unit 2 Annual NOX Tonnage Limitation on Units 1 and 2 d. Failure to comply with the applicable Unit 1 and Unit 2 $2,500 per ton for the first 100 Annual Tonnage Limitation for S02 required by this tons over the limit, and $5,000 Consent Decree per ton for each additional ton

_ over the limit, plus the payment of$1,250 per ton for an amount oftons equal to two times the number oftons ofS02 emitted that exceeded the Unit 1 and Unit 2 Annual Tonnage Limitation on Units 1 and 2

27

United States v. Golden Valley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 34 of 67e. Failure to install and commence Continuous Operation, $5,000 per Day per violation

or Continuously Operate an NOX,502,or PM control device during the first 30 Days; as required under this Consent Decree $19,000 per Day per violation thereafter f. Failure to Retire Unit 1, ifelected, as required under this . $5,000 per Day during the first Consent Decree 30 Days;.$19,000 per Day thereafter g. Failure to install or operate NOX,502,andlor PM CEMS $500 per Day per violation as required in this Consent Decree h. Failure to apply for any permit required by Section XVII $500 per Day per violation (Permits) i. Failure to timely submit, modify, or implement, as $375 per Day per violation approved, the reports,plans,studies, analyses, protocols, or during the first 10 Days; $500 other submittals required by this Consent Decree per Day per violation thereafter j. Failure to optimize Baghouses as required by Paragraph $500 per Day per violation 71 k. Any other violation ofthis Consent Decree $500 per Day per violation

102. Violation ofany limit based on a 30-Day rolling average constitutes 30 Days ofviolation but where such a violation (for the same pollutant and from the same Unit)
recurs within periods less than 30 Days,Defendants shall not be obligated to pay a daily stipulated penalty for any Day ofthe recurrence for which a stipulated penalty has already been paid... 103. All stipulated penalties shall begin to accrue on the Day after the .performance is due oz on the Day a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed or until the violation ceases, whichever.

is applicable. Nothing in this Consent Decree shall prevent the simultaneous accrual ofseparate stipulated penalties for separate violations ofthis Consent Decree. Notwithstanding any other provision ofthis Consent Decree,the United States may, in its 

### 2s

United States v. Golden i~alley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 35 of 67unreviewable discretion, waive all or any part ofany stipulated penalties which may have

accrued pursuant to this Consent Decree. 104. Defendants shall pay all stipulated penalties to the United States within 30 Days ofreceipt ofwritten demand to Defendants from the United States, and shall continue to make such payments every 30 Days thereafter until the violations)no longer continues, unless Defendants elect within 20 Days ofreceipt ofwritten demand to Defendants from the United States to dispute the accrual ofstipulated penalties in accordance with the provisions in Section XVI (Dispute Resolution)ofthis Consent Decree. 105. Stipulated penalties shall continue.to accrue as provided in accordance with Paragraph 104 during any dispute, with interest on accrued stipulated penalties payable and calculated at the rate established by the Secretary ofthe Treasury,pursuant to 28 U.S.C. § 1961,but need not be paid until the following:
a. Ifthe dispute is resolved by agreement, or by a decision ofthe United States pursuant to Section XVI (Dispute Resolution) ofthis Consent Decree that is not appealed. to .the Court,accrued stipulated penalties agreed or determined to be owing,together with accrued interest,.shall be paid within 30 Days"ofthe. effective date ofthe agreement or ofthe.receipt ofthe United States' decision; b. Ifthe dispute is appealed to the Court and the United States prevails in whole or in part, Defendants shall, within 30 Days ofreceipt ofthe Court's decision or order, pay all accrued stipulated.penalties determined by the Court to be owing, together with interest accrued on such penalties determined by the Court to be owing,except as provided in Subparagraph c,below;.

►~~

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 36 of 67c. Ifthe Court's decision is appealed by either Party, Defendants shall, within 15 Days ofreceipt ofthe final appellate court decision, pay all accrued stipulated. penalties determined to be owing,together with interest accrued on such stipulated penalties determined to be owing by the appellate court. Notwithstanding any other provision ofthis Consent Decree,,the accrued stipulated penalties agreed by the United States and Defendants, or determined by the United States through Dispute Resolution,to be owing maybe less than the stipulated penalty amounts set forth in Paragraph 102. 106. All monetary stipulated penalties shall be paid in the manner set forth in Section IV (Civil Penalty)ofthis Consent Decree. 107. Should Defendants fail to pay stipulated penalties in compliance with the terms ofthis Consent Decree,the United States shall be entitled to collect interest on such penalties, as provided for in 28 U.S.C. § 1961. 108. The stipulated penalties provided for in this Consent Decree shall be in addition to any other rights, remedies, or sanctions available to the United States by reason of Defendants' failure to comply with anyrequirement ofthis Consent Decree or applicable law, except that for any violation ofthe Act for which this ConsentDecree provides for payment ofa stipulated penalty, Defendants shall be allowed a credit for stipulated penalties paid against any statutory penalties also imposed for such violation. 109. Affirmative Defense as to Stipulated Penalties for Excess Emissions Occurring During Malfunctions: Ifany ofDefendants' Units exceed an applicable 30-Day Rolling Average Emission Rate for PM, NOX or SOZ,or fail to meet a Continuously Operate
30

United States v. Golden i~alley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 37 of 67

### requirement set forth in this Consent Decree due to a claimed Malfunction,Defendants,

bearing the burden ofproofby a preponderance ofthe evidence,have an 

### affirmative defense to stipulated penalties under this Consent Decree ifDefendants have complied with the reporting requirements ofParagraphs 115 through 116 and have demonstrated all ofthe following:
a. the excess emissions or failure to Continuously Operate was /were caused by a sudden,unavoidable breakdown oftechnology,beyond Defendants'control; b. the excess emissions or failure to Continuously Operate (1)did not stem from any activity or event that could have been foreseen and avoided, or planned for, and (2)could not have been avoided by better operation and maintenance practices in accordance with manufacturers' specifications and recommendations and good engineering and maintenance practices;
c. to the maximum extent practicable, the air pollution control equipment and processes were maintained and operated in a manner consistent with approved plans, QA/QC procedures, manufacturers' specifications and recommendations, and good engineering and maintenance practices for minimizing emissions;' ` d. repairs to equipment and processes were made in an expeditious fashion when such repairs were needed to prevent the exceedance ofan emission limit or the shutdown ofair pollution control equipment. Off -shift labor and overtime must have been utilized, to the extent practicable, to ensure that such repairs were made
as expeditiously as practicable;
e. the amount and duration ofthe excess emissions (including any bypass)were minimized to the maximum extent practicable during periods ofsuch emissions, 31

United States v. Golden Valley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 38 of 67and consistent- with manufacturers' specifications and recommendations and good engineering and maintenance practices; f. all possible steps were.taken to minimize the excess emissions in accordance.with approved plans, QA/QC protocols, manufacturers' specifications and recommendations, and good engineering and maintenance practices; g, all emission monitoring systems were kept in operation ifat all possible and in accordance with approved plans, QA/QC protocols,manufacturers' specifications and recommendations, and good engineering and maintenance practices; h. Defendants' actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs, or other relevant evidence; i. the excess emissions were not part ofa recurring pattern indicative ofinadequate design, operation, or maintenance; and

- j. Defendants.properly and promptly notified EPA as required by this Consent Decree. 110. To assert an affirmative defense for Malfunction under Paragraph 110, Defendants shall submit actual emissions data for the Day the Malfunction occurred and the 29-Day period following the Day the Malfunction occurred. Defendants may,ifthey elect, submit emissions data.for the same 30-Day period but that excludes the excess emissions. 111. AfFrmative Defense as to Stipulated Penalties for Excess Emissions Occurring D~ Sg tartup and Shutdown: Ifany ofDefendants' Units exceed an applicable 30-Day Rolling Average Emission Rate for PM, NOX or S02 set forth in this Consent Decree due to startup or shutdown,Defendants, bearing the burden ofproofby a preponderance of the evidence,have an affirmative defense to stipulated penalties under this Consent Decree, 32

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 39 of 67

### ifDefendants have complied with the reporting requirements ofParagraphs 115 through 116

and have demonstrated all ofthe following:
a. the periods ofexcess emissions that occurred during startup and shutdown were short and infrequent and could not have been prevented through careful planning and design consistent with good engineering and maintenance practices and manufacturers' specifications and recommendations; b. the excess emissions were not part ofa recurring pattern indicative ofinadequate design, operation, or maintenance or which could have been prevented by following manufacturers' specifications and recommendations and good . engineering and.

maintenance practices;
c. ifthe excess emissions were caused by a bypass (an intentional diversion of control equipment), then the bypass was unavoidable to prevent loss oflife,. personal injury, or severeproperty damage; d. at all times,the facility was operated in a manner consistent with good engineering and maintenance practices and manufacturers' specifications.and recommendations for minimizing emissions;
e. the frequency and duration ofoperation in startup or shutdown mode was minimized to the maximum extent practicable and consistent with good engineering and maintenance practices and manufacturers'.specifications and recommendations; f. all possible steps were taken to minimize the excess emissions in accordance with approved plans, QA/QC protocols,manufacturers' specifications and recommendations, and good engineering and maintenance practices; 33

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 40 of 67g. all emissions monitoring systems were kept in operation ifat all possible and in accordance with approved plans, QA/QC protocols,manufacturers' specifications and recommendations, and good engineering and maintenance practices; h. Defendants'actions during the period ofexcess emissions were documented by properly signed, contemporaneous operating logs, or other relevant evidence; and i. Defendants properly and promptly notified EPA as required by this Consent Decree. ll2. To assert an affirmative defense for startup or shutdown under Paragraph 112,Defendants shall submit actual emissions data for the Day the excess emissions from startup or shutdown occurred and the 29-Day period following the Day the excess emissions from startup or shutdown occurred. Defendants may, ifelected, submit emissions data.for.the
same 30-Day period but that excludes the excess- emissions. 113. Ifexcess emissions. occurred due to a Malfunction during routine startup and shutdown,then those instances shall be treated as other Malfunctions subject to Paragraph-110. 114. For an affirmative defense under Paragraphs 110 and 112,Defendants, bearing the burden ofproof, shall demonstrate,through submission ofthe data and information under the reporting provisions ofthis Section, that all reasonable and practicable
measures in accordance with good engineering and maintenancepractices and within Defendants' control were implemented to prevent the occurrence ofthe excess emissions. l 15. Defendants shall provide notice to United States in writing ofDefendants' intent to assert an affirmative defense for Malfunction, startup, or.shutdown under Paragraphs 110 and 112, as soon as practicable, but in no event later than 21 Days following 34

United States v. Golden Palley Electric Association, et al., ConsentDecree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 41 of 67the date ofthe Malfunction, startup or shutdown. This notice shall be submitted pursuant to

the provisions of Section XIX (Notices). The notice shall contain:
a. the identity ofeach stack or other emission point where the excess emissions occurred; b. the magnitude ofthe excess emissions expressed in lb /mmBTU and the operating data and calculations used in determining the magnitude ofthe excess emissions;
c. the time and duration or expected duration ofthe. excess emissions or failure to Continuously Operate; d. the identity ofthe equipment causing the excess emissions failure to Continuously Operate;
e. the nature and suspected cause ofthe excess emissions or failure to Continuously Operate; f. the steps taken, ifthe excess emissions or failure to Continuously Operate were the result ofa Malfunction, to remedy the Malfunction and the steps taken or planned to prevent the recurrence of the Malfunction; g. the steps that were or are being taken to limit the excess emissions limit the duration ofthe failure to Continuously Operate;and h. ifapplicable, a list 

### ofthe steps taken to comply with permit conditions governing Unit operation during periods ofstartup, shutdown,and/or Malfunction. 116. A Malfunction, startup, or shutdown shall not constitute a Force Majeure Event unless the Malfunction;startup, or shutdown also meets the definition ofa Force Majeure Event, as provided Section XV (Force Majeure):

35

United States v. Golden Va11ey Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 42 of 67117. The affirmative defense provided herein is only an affirmative defense to

stipulated penalties for violations ofthis Consent Decree,and not a defense to any civil or administrative action for injunctive relief. t: u: 1 1: 118. For purposes ofthis Consent Decree, a "Force Majeure Event" shall mean
an event that has been or will be caused 

## by circumstances beyond the control ofDefendants, its contractors, or any entity controlled by Defendants that delays compliance with any provision ofthis Consent Decree or otherwise causes a violation ofany provision ofthis Consent Decree despite Defendants'best efforts to fulfill the obligation. "Best efforts to fulfill the obligation" include using the best efforts to anticipate any potential Force Majeure Event and to address the effects ofany such event (a)as it is .occurring and (b)after it has occurred, such that the delay and any adverse environmental effect ofthe delay or violation is minimized to the greatest extent possible. 119. Notice ofForce Majeure Events. Ifany event occurs or has occurred that may delay compliance with or otherwise cause a violation ofany obligation under this Consent Decree,as to which Defendants intend to assert a claim ofForce Majeure, Defendants shall notify United States in writing as soon as practicable, but in no event later than 21 Days following the date Defendants first knew,or by the exercise ofdue diligence should have known,that the event caused or may cause such delay or violation. In this notice, Defendants shall reference this Paragraph ofthis Consent Decree and describe the anticipated length oftime that the delay or violation may persist; the cause or causes ofthe delay or violation; all measures taken or to betaken by Defendants to prevent or minimize the delay or violation; the schedule by which Defendants propose to implement those 36

United States v. Golden Talley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 43 of 67measures; and Defendants' rationale for attributing the delay or violation to a Force Majeure

Event. Defendants shall include with any notice all available documentation supporting'the claim that the delay was attributable to a Force Majeure Event. Defendants shall adopt all reasonable measures to avoid or minimize such delays or violations. Defendants shall be deemed to know ofany circumstance which Defendants, its contractors, or any entity controlled by Defendants knew or should have known. 120. Failure to Give Notice. IfDefendants fail to comply with the notice requirements ofthis Section,the United States may void Defendants"claim for Force Majeure as to the specific event for which Defendants have failed to comply with such notice requirement. 121'. United St ates' Response. The United States shall notify Defendants in writing regarding Defendants' claim ofForce Majeure within 30 Days after receipt ofthe notice provided in Paragraph 120: Ifthe United States agrees that a delay in performance has been or will be caused by a Force Majeure Event,the United States and Defendants shall stipulate to an extension ofdeadlines)for performance ofthe affected compliance requirements)by a period equal to the delay actually caused by the event. In such circumstances, an appropriate modification shall be made pursuant to Section XXIII (Modification)ofthis Consent Decree. 122. Disagreement. Ifthe United States does not accept Defendants'claim of Force Majeure, or ifthe United States and Defendants cannot agree on the length ofthe delay actually caused by the Force Majeure Event,the matter shall be resolved in accordance with Section XVI (Dispute Resolution)ofthis Consent Decree.

37

United States v. Golden i~alley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 44 of 67123. Burden ofProof. In any dispute regarding Force Majeure,Defendants

shall bear the burden_ ofproving that any delay.in performance or other violation ofany requirement ofthis Consent Decree was caused by or will be caused by aForce Majeure Event. Defendants shall also bear the burden ofproving by a preponderance ofthe evidence that Defendants gave the notice required by this Section and the burden ofproving the anticipated duration and extent ofany delays)attributable to a Force Majeure Event. An extension ofone compliance date based on a particular event may,but will not necessarily, result in an extension ofa subsequent compliance date. 124. Events Excluded. Unanticipated or increased costs or expenses associated with the performance ofDefendants'obligations under this Consent Decree shall not constitute a Force Majeure Event.. Force Majeure also does not include Defendants' financial inability to perform any obligation under this Consent Decree. 125. Potential Force Majeure Events. The Parties agree that, depending upon the circumstances related to an event and the Defendants' response to such circumstances, the kinds ofevents listed below are among those that could qualify as Force Majeure Events within the meaning ofthis Section: construction, labor, or equipment delays; Malfunction of
a Unit or emission.

control or monitoring device; unanticipated coal.supply or pollution control reagent delivery interruptions; acts ofGod;acts ofwar or terrorism; the need of Defendants to supply electricity in response to a system-wide (state-wide or regional) emergency that temporarily precludes compliance with an Emission Rate, a Tonnage Limitation, or the duty to Continuously Operate a NOS,502, or PM control device. Depending upon the circumstances and Defendants' response to such circumstances, failure ofa permitting authority to issue a necessary permit in a timely fashion may constitute a 38

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 45 of 67Force Majeure Event where the failure ofthe permitting authority to act is beyond the control

ofDefendants and Defendants have taken all steps available to obtain the necessary permit, including without limitation, submitting a complete permit application, responding to requests for additional information by the permitting authority in a timely fashion, and accepting lawful permit terms and conditions after expeditiously e~austing any legal rights to appeal terms and conditions imposed by the permitting authority. 126. As part ofthe resolution ofany matter submitted ~o this Court under Section XVI (Dispute Resolution)regarding a claim ofForce Majeure,the United States and Defendants by agreement, or this Court by order, may in appropriate circumstances extend or modify the schedule for completion ofwork under this Consent Decree to account for the delay in the work that occurred as a result ofany delay agreed to by the United States or approved by the Court. Defendants shall be liable for stipulated penalties pursuant to Section XIV (Stipulated Penalties) for its failure thereafter to complete the work in accordance with the extended or modified schedule (provided that Defendants shall not be precluded from making a further claim ofForce Majeure with regard to meeting any such extended or modified schedule). 1 1 : 1 1► 127. The dispute resolution procedure provided by this Section shall be available to resolve all disputes arising under this Consent Decree,provided that the Party invoking such procedure has first made a good faith attempt to resolve the matter with the other Party. The provisions ofthis Section XVI shall be the.sole and.exclusive mechanism to resolve disputes arising.under or with respect to this Consent Decree.

39

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 46 of 67128. The dispute resolution procedure required herein shall be invoked by one

Party giving written notice to the other Party advising ofa dispute pursuant to this Section. The notice shall describe the nature ofthe dispute and shall state the noticing Party's position with regard to such dispute. The. Party receiving such a notice shall acknowledge receipt of the notice, and the Parties in dispute shall expeditiously schedule a meeting to discuss the dispute informally not later than 14 Days following receipt ofsuch notice. 129. Disputes submitted to dispute resolution under this Section shall, in the first instance, be the.subject ofinformal negotiations between the Parties. Such period of informal negotiations shall not extend beyond 30 Days from the date of the first meeting between the Parties' representatives unless they agree in writing to shorten or extend this period. 130. Ifthe Parties are unable to reach agreement during the informal negotiation period,the United States shall provide AIDEA and GVEA with a written summary oftheir position regarding the dispute. The written position provided by the United States shall be considered binding unless, within 45 Days thereafter,Defendants seek judicial resolution of the dispute by filing a petition with this Court. The United States may submita response to the petition within 45 Days' offiling.. 131. This court shall.not draw any inferences nor establish any presumptions adverse to either Party as a result ofinvocation ofthis Section or the Parties' inability to reach agreement. 132. The time periods set .out in this Section maybe shortened or lengthened upon motion to the Court ofone ofthe Parties to the dispute,explaining the Party's basis for seeking such a scheduling modification. 40

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 47 of 67133. T'he invocation ofdispute resolution procedures shall not, by itself, extend,

postpone, or affect any obligation ofDefendants under this Consent Decree,unless and until final resolution ofthe dispute so provides. As part ofthe resolution ofany dispute under this Section, in appropriate circumstances the Parties may agree, or this Court may order, an extension or modification ofthe schedule for the completion ofthe activities required under this Consent Decree to account for the delay that occurred as a result ofdispute resolution. Defendants shall be liable for stipulated penalties pursuant to Section XIV (Stipulated Penalties) for their failure thereafter to complete the work in accordance with the extended or modified schedule. / 9C►ll I.~ 134. Unless expressly stated otherwise in this Consent Decree, in any instance where otherwise applicable law or this Consent Decree requires GVEA to secure a permit to authorize construction or operation ofany device, including all preconstruction, construction, and operating permits required under State law, GVEA shall make such application in a timely manner. EPA will use best efforts to review expeditiously,to the extent applicable, all permit applications submitted by GVEA to meet the requirements ofthis Consent Decree. 135. When permits are required, GVEA shall complete and submit applications for such permits to the applicable State agency to allow sufficient time for all legally required processing and review ofthe permit request, including requests for additional information by the applicable State agency. Any failure by GVEA to submit a timely permit application for
a GVEA Unit, as required by permitting requirements under state and/or federal regulations, shall bar any use by GVEA ofSection XV (Force Majeure)ofthis Consent Decree.where a Force Majeure claim is based on permitting delays. 41

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 48 of 67136. Notwithstanding the reference to Defendants' Title V Permit in this

Consent Decree,the enforcement ofsuch permit shall be in accordance with its own terms and the Act and its implementing regulations, and nothing in this Decree shall be construed to relax any terms and conditions in the Title V Permit. Defendants'Title V Permit shall notbe enforceable under this Consent Decree,although any term or limit established by or under this Consent Decree shall be enforceable under this Consent Decree regardless ofwhether such term has or will become part ofa Title V Permit; subject to the terms ofSection XXVII (Conditional Termination ofEnforcement Under Consent Decree)ofthis Consent Decree. 137. Within 180 Days after the Date ofEntry ofthis Consent Decree, Defendants shall apply to modify the Title V Permit,to include a schedule for all Unitspecific and plant-specific performance, operational, maintenance, and control technology requirements established by this Consent Decree including, but not limited to, any (a)30-Day Rolling Average NOX Emission Rate,(b)30-Day Rolling Average S02 Emission Rate,(c) Unit 1 and Unit2 Annual Tonnage Limitation, (d)30-Day Rolling Average filterable PM Emission Rate,(e)installation ofcontrols; and 

## (fl Retirement ofany Unit as required or elected under this Consent Decree. 138. Within 365 days from the Date ofEntry ofthis Consent Decree, Defendants shall either to permanently include the requirements and limitations enumerated in this Consent Decree into a federally enforceable non-Title V permit or request
a site

-specific revision to the Alaska SIl'to include the requirements and limitations enumerated in this Consent Decree. The permit application or Alaska SIP revision request shall require compliance with the following: any applicable (a) 30-Day Rolling Average NOX Emission Rate;(b)30-Day Rolling Average S02 Emission Rate;(c)Unit 1 and Unit 2 42

United States v. Golden valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 49 of 67Annual Tonnage Limitations;(d)30 Day Rolling Average filterable PM Emission Rate;{e)

installation ofcontrols; and 

## (fl the Retirement ofany Unitas required or elected under this Consent Decree. 139. Defendants shall provide the United States with a copy ofeach application . for a federally enforceable permit or Alaska SIP revision submitted pursuant to paragraph 139, as well a copy ofanypermit proposed as a result ofsuch application, to allow for timely participation in any public comment opportunity. 140. Prior to conditional termination ofenforcement through this Consent Decree,Defendants shall obtain enforceable provisions in its Title V permits that incorporate all Unit

-specific performance, operational, maintenance, and control technology requirements established by this Consent Decree including,but not limited to, any (a) 30-Day Rolling Average NOX Emission Rate; (b)30-Day Rolling Average S02 Emission Rate;(c) Unit 1 and Unit 2 Annual Tonnage Limitations; (d)30-Day Rolling Average filterable PM Emission Rate; (e)installation ofcontrols; and 

## (fl the election to retire or retrofit any Unit as required or elected under this Decree. 141. IfAIDEA proposes to sell or transfer to GVEA part or all ofits Operational or Ownership Interest ofUnit 2,AIDEA shall comply with the requirements of Section XX (Sales or Transfers ofOperational or Ownership Interests) ofthis Consent Decree with regard to that Operational or Ownership Interest prior to any such sale transfer. 142. IfAIDEA or GVEA proposes to sell transfer to'an entity unrelated to AIDEA and GVEA ( "Third Party Purchaser") part or all ofits Operational or Ownership Interest ofUnits covered under this Consent Decree,AIDEA and GVEA shall comply with 43

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 50 of 67the requirements of Section XX (Sales or Transfers ofOperational or Ownership Interests) of

this Consent Decree with regard to that Operational or Ownership Interest prior to any such sale or transfer. XVIII. INFO MATION OL.L..CTION ND RF.T .NTION 143. Any authorized representative ofthe United States, including its attorneys, contractors, and:consultants, upon presentation ofcredentials, shall have a right ofentry to the Healy Power Plant at any reasonable time.for the purpose of:
a. monitoring the.progress ofactivities required under this Consent Decree; b. verifying any data or information submitted to the United States accordance with the terms ofthis Consent Decree;
c. obtaining samples and,upon request, splits ofany samples taken by AIDEA or GVEA or .its representatives, contractors, or consultants; and d. assessing Defendants' compliance.with this Consent Decree. 144. From the Date ofEntry until five years after the termination- ofthis Consent Decree,Defendants shall retain, and instruct its contractors and agents to preserve, all non-identical copies ofall records and documents (including records and documents in electronic form)that are in its or its contractors' or agents' possession or control, and that directly relate to Defendants' performance oftheir obligations under this Consent Decree. This record retention requirement shall apply regardless ofany corporate document retention policy to the contrary. At any time during the information retention period, upon request by the United States, Defendants shall provide copies ofany documents,records or other information required to be maintained under this Paragraph.

44

United States v. Golden TJalley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 51 of 67145. All information and documents submitted by Defendants pursuant to this

Consent Decree shall be subject to any requests under applicable law providing public disclosure ofdocuments unless (a)the information and documents are subject to legal privileges or protection or (b)Defendants claims and substantiates in accordance with 40 C.F.R.Part 2that the information and documents contain confidential business information. 146. Nothing in this Consent Decree shall limit the authority ofEPA to conduct tests and right ofentry, or right to obtain information under Section 114 ofthe Act,42 U.S.C. § 7414, or any other applicable federal laws,regulations, or permits, nor does it limit ar affect any duty or obligation ofthe Defendants to maintain documents,records or other information imposed by applicable federal or state laws,regulations or permits.

► ►~ 147. Unless otherwise provided herein, whenever notifications, submissions, or communications are required by this Consent Decree,they shall be made in writing and addressed as follows:

As to the United States ofAmerica: (ifby mail service) Chief, Environmental Enforcement Section Environment and Natural ResourcesDivision U.S.Department ofJustice P.O.Box 76.11, Ben Franklin Station Washington,DC 20044-7611 DJ# 90-5-2-1 -10163 (ifby commercial delivery service) Chief, Environmental Enforcement Section Environment and Natural Resources Division U.S.Department ofJustice ENRD Mailroom,Room 2121 601 D Street,NW Washington,DC 20004 45

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 52 of 67DJ# 90-5-2-1 -10163 and (ifby mail service) Director, Air Enforcement Division Office of Enforcement and Compliance Assurance U.S. Environmental Protection Agency Mail Code 2242A 1200 Pennsylvania Avenue,NW Washington,DC 20460 (ifby commercial delivery service} Director,Air Enforcement Division Office ofEnforcement and Compliance Assurance U.S. Environmental Protection Agency Arie1 Rios South Building,Room 1119 1240 Pennsylvania Avenue,NW Washington,DC 20004 and Manager ofAir/RCRA Compliance. Unit EPA Region 10 Air /RCRA Compliance Unit U.S.EPA Region 1.0 '1200 Sixth Avenue Ste. 900 Seattle, WA 98101 As to GVEA: President &CEO Golden Valley Electric Association,Inc. PO Box 71249 Fairbanks,AK 99707-1249 and Vice President ofPower Supply Golden Valley Electric Association, Inc. PO Box 71249 Fairbanks, AK 99707-1249 I~~~I~:~ Executive Director 46

United States v. Golden Valley Electric Association, et a1., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 53 of 67Alaska Industrial Development and Export Authority 813 West Northern Lights Blvd. Anchorage,AK 99503 and. State ofAlaska Department ofLaw Counsel for the Alaska Industrial Development and Export Authority P.O.Box 110300 Juneau,AK 99811

148. All notifications, communications, or submissions made pursuant to this Section shall be sent either by: (a)overnight mail or overnight delivery service with signature required for delivery,(b)certified or registered mail,return receipt requested, or (c) email. All notifications, communications, and transmissions (a)sent by overnight, certified,
or registered mail shall be deemed submitted the date they are postmarked,(b)sent by overnight delivery service shall be deemed submitted on the date they are delivered to the delivery service or (c)sent by email shall be deemed submitted on the date they are electronically transmitted. Defendants may provide the notifications, communications, or submissions made pursuantto this Section electronically or in hard copy. 149. Any Party may change either the notice recipient or the address for providing notices to it by serving the other Parties with a notice setting forth such new notice recipient or address.

150. Prior to any transfer ofan ownership or operational interest in Unit 2, Defendants shall remain jointly and severally liable to the United States for the obligations of this Consent Decree unless such obligation is the sole responsibility ofGVEA under this 47

United States v. Golden Palley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 54 of 67Consent Decree for Unit l . The United States and the Defendants recognize that AIDEA and

GVEA have been in negotiations to transfer ownership ofUnit 2 from AIDEA to GVEA. The transfer has not yet occurred. Without further approval ofthe Court or the United States, AIDEA's obligations and its Party status under this Consent Decree shall immediately terminate upon the sale or transfer ofUnit 2 from AIDEA to GVEA,provided that AIDEA and GVEA file a notice with the Court certifying that (1)the transfer has occurred,(2)any accrued stipulated penalties are paid in full, and (3)GVEA shall remain liable to the United States for the obligations ofthis Consent Decree applicable to the transferred or purchased Operational or Ownership Interest. So long as the requirements ofthis ConsentDecree are met,this Consent Decree shall not be construed to impede the.transfer ofany Operational or Ownership .Interests between GVEA and any Third Party Purchaser. This Consent Decree shall not be construed to prohibit a contractual allocation ofthe burdens ofcompliance with this Consent Decree as between AIDEA and GVEA Operational or Ownership Interests. 151. IfAIDEA or GVEA proposes to sell or transfer an Operational or Ownership Interest in the Healy Power Plant to another' entity (a Third.

Party Purchaser)

_ AIDEA or GVEA shall advise the Third Party Purchaser in writing ofthe existence ofthis Consent Decree prior to such sale or transfer, and shall send a copy ofsuch written notification to the United States pursuant to Section XIX (Notices)ofthis Consent Decree at least 60 Days before such proposed sale or transfer.

_ 152. No 

### sale or transfer 

### ofan Operational or Ownership Interest shall take place before the Third Party Purchaser and the United States have executed, and the Court has approved, a modification pursuant to Section XXIII (Modification)ofthis Consent Decree making the Third Party Purchaser a party to this Consent Decree and jointly and 48

United States 

### v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 55 of 67severally liable with AIDEA and GVEA for all the requirements ofthis Consent Decree that

maybe applicable to the transferred or purchased Operational or Ownership Interests. 153. This Consent Decree shall not be construed to impede the transfer ofany Operational or Ownership Interests between AIDEA or GVEA and any Third Party Purchaser so long as the requirements ofthis Consent Decree are met. This Consent Decree shall not be construed to prohibit a contractual allocation ofthe burdens ofcompliance with this Consent Decree as between GVEA and/or AIDEA and any Third Party Purchaser of Operational or Ownership Interests, provided that both AIDEA and/or GVEA and/or such Third Party Purchaser,to the extent they retain any operational or ownership interests, shall remain jointly and severally liable to the United States for the obligations ofthis Consent Decree applicable to the transferred or purchased Operational or Ownership Interests. 154. Ifthe United States agrees,the United States, the Defendants,.and the Third Party Purchaser that has become a party to this Consent Decree pursuant to Paragraph 153 may execute a modification that relieves AIDEA or GVEA ofits liability under this Consent Decree for, and makes the Third Party Purchaser liable for, all obligations and liabilities applicable to the purchased transferred Operational or Ownership Interests. Notwithstanding the foregoing, however,AIDEA and GVEA may not assign, and may not be released from,any obligation under this Consent Decree that is not specific to the purchased
or transferred Operational or Ownership Interests, including the obligations set forth in Sections IX (Environmental Mitigation Project) and N (Civil Penalty). AIDEA and GVEA may propose and the United States may agree to restrict the scope ofthe joint and several liability ofany purchaser or transferee for any obligations ofthis Consent Decree that are not
49

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 56 of 67specific to the transferred or purchased Operational or Ownership Interests, to the extent such

obligations maybe adequately separated in an enforceable manner. 155. Paragraphs 152 through 155 ofthis Consent Decree do not apply ifan Ownership Interest is transferred solely as collateral security. in order to consummate a financing arrangement (not including asale-leaseback), so long as AIDEA and GVEA:(a) remain the operator (as that term is used and interpreted under the Act)ofthe subject Unit(s); (b)remain subject to and liable for all obligations and liabilities ofthis Consent. Decree; and (c) supply the United States with the following certification within 30 Days after the transfer: "Certification.ofChange in Ownership Interest Solely for Purpose ofConsummating Financing. We,the ChiefExecutive Officer and General Counsel of [insert name of Owner],hereby jointly certify under Title 18 U.S.C. Section 1001, on our own behalfand on behalfof [insert name ofOwner],that any change in [insert name ofOwner]'s Ownership Interest in any Unit that is caused by the sale or transfer as collateral security ofsuch Ownership Interest in such Units)pursuant to the financing agreement consummated on [insert applicable date] between [insert name ofOwner]and [insert applicable entity]: a)is made solely for the purpose ofproviding collateral security in order to consummate a financing arrangement; b)does not impair [insert name of Owner]'s ability, legally or otherwise,to comply timely with all terms and provisions of the Consent Decree entered in United States v. Golden Valley Electric Association et al., Civil Action ; c)does not affect [insert name ofOwner]'s operational control of any Unit covered by that Consent Decree in a manner that is inconsistent with [insert name ofOwner]'s performance ofits obligations under the Consent Decree; and d)in no way affects the status of [insert name ofOwner]'s obligations or liabilities under that Consent Decree."

156. The effective date ofthis Consent Decree shall be the Date ofEntry.

~ 1~ 1 11: _ 1 1~ 157. The Court shall retain jurisdiction ofthis case after entry ofthis Consent Decree to enforce compliance with the terms and conditions ofthis Consent Decree and to take any action necessary or appropriate for the interpretation, construction, execution, or 50

United States v. Golden Ijalley ElectricAssociation, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 57 of 67modification ofthe Consent Decree,or for.adjudication ofdisputes. During the term ofthis

Consent Decree, any Party to this Consent Decree may apply to the Court for any relief necessary to construe or effectuate this Consent Decree. XIII. MODIFICATION 158. The terms ofthis Consent Decree may be modified only by a subsequent written agreement signed by United States and Defendants. Where the modification constitutes a material change any term ofthis Consent Decree, it shall be effective only upon approval by the Court. XXIV. G . Ai.PROVISIONS 159. When this Consent Decree specifies that Defendants shall achieve and maintain a 30-Day Rolling Average Emission. Rate,the Parties expressly recognize that compliance with:such 30-Day Rolling Average Emission Rate shall commence immediately upon the date specified and that compliance as ofsuch specified date (ems., December 30) shall be determined based on data from that date and the 29 prior Unit Operating Days. 160. This Consent Decree is not a permit. Compliance with the terms ofthis Consent Decree does not guarantee compliance with all applicable federal, state, or local laws or regulations. The emission rates and removal efficiencies set forth herein do not relieve Defendants from any obligation to comply with other state and federal requirements under the Act. 161. This Consent Decree does not apply to any claims)ofalleged criminal liability. 162. In any subsequent administrative or judicial action initiated by the United States for injunctive reliefor civil penalties relating to Unit 1 or Unit 2 as covered by this s1

United States v. Golden Yalley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 58 of 67Consent Decree,neither AIDEA nor GVEA shall assert any defense or claim based upon

principles ofwaiver,res 'ud,~ icata, collateral estoppel, issue preclusion, claim preclusion, or claim splitting, or any other defense based upon the contention that the claims raised by the United States in the subsequent proceeding were brought;or should have been brought, in the instant case; provided, however,that nothing in this Paragraph is intended to affect the validity ofSection XI (Resolution ofCivil Claims). 163. Nothing in this Consent Decree shall relieve Defendants oftheir obligation to comply with all applicable federal, state, and local laws and regulations; including,but not limited to,the Clean Water Actand the. National Pollutant Discharge Elimination System (NPDES)implementing regulations, National Ambient Air Quality Standards, the National Emission Standards for Hazardous Air Pollutants From Coal and Oil- Fired Electric Utility Steam Generating Units (Utility MACT or MATS),the Standards ofPerformance for FossilFuel-Fired Electric Utility, Industrial- Commercial

-Institutional, and Small Industrial Commercial

-Institutional Steam Generating Units (Utility NSPS),and BART requirements set forth in the Alaska SIP. Nothing in this Consent Decree shall be construed to provide any relieffrom the emission limits or deadlines for the installation of pollution controls specified in these regulations. 164. Subject to the provisions in Section XI (Resolution of Civil Claims),XIV (Stipulated Penalties), and in Section XVI (Dispute Resolution), nothing contained in this Consent Decree shall be construed to prevent or limit the rights ofthe United States to obtain penalties or injunctive reliefunder the Act or other federal, state, or local statutes, regulations, or permits.

52

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 59 of 67165. Nothing in this Consent Decree shall be interpreted or construed to relieve

Defendants oftheir obligations under the Memorandum ofAgreement that it signed in 1993 with the U.S.Department ofthe Interior, National Park Service,concerning the Healy Clean Coal Project,Healy Alaska. 166. Each limit and/or other requirement established by or under this Consent Decree is a separate, independent requirement. 167. Performance standards, emissions limits, and other quantitative standards set by or under this Consent Decree must be met to the number ofsignificant digits in which the standard or limit is expressed. For example,an Emission Rate of0.100 not met ifthe actual Emission Rate is 0.101. Defendants shall round the fourth significant digit to the nearest third significant digit, or the third significant digit to the nearest second significant digit, depending upon whether the limit is expressed to three or two significant digits. For example, ifan actual Emission Rate is 0.1004,that shall be reported as 0.100, and shall be in compliance with an Emission Rate of0.100, and ifan actual Emission Rate is 0.1005, that shall be reported as 0.101, and shall not be in compliance with an Emission Rate of0.100. Defendants shall report data.to the number ofsignificant digits which the standard or limit is expressed. 168. This Consent Decree does not limit, enlarge, or affect the rights ofany. Party to this Consent Decree as against any third parties. 169. This Consent Decree constitutes the final, complete, and exclusive agreement and understanding between the Parties with respect to the settlement embodied in this Consent Decree, and supersedes all prior agreements and understandings between the Parties related to the subject matter herein. No document,representation, inducement, 53

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 60 of 67agreement, understanding, or promise constitutes any part ofthis Consent Decree or the

settlement it represents, nor shall they be used in construing the terms ofthis Consent Decree.170. Except as provided below,each Party to this action .shall bear its own costs and attorneys' fees.

-- ~:__1_._.- =-~l1

- -~~ 171. Each undersigned representative ofAIDEA,GVEA and the Assistant Attorney General for the Environment and Natural Resources Division ofthe United States Department ofJustice, certifies that he or she is fully authorized to enter into the terms and conditions ofthis Consent Decree and to execute.and legally bind to this document the.Party he or she represents. 172. This ConsentDecree may be signed in counterparts, and such counterpart signature pages shall be given full force and effect. 173. Each Party hereby agrees to accept service ofprocess by mail with respect to all matters arising under or relating to this Consent Decree and to waive the formal service requirements set forth in Rule 4 ofthe Federal Rules ofCivil Procedure and any applicable Local Rules ofthis Court including, but not limited to, service ofa summons. 174. Unless otherwise ordered by the Court,the United States agrees that Defendants will not be required to file.any answer or other pleading responsive to the United States' concurrently filed Complaint in this matter until and unless the Court expressly declines to enter this Consent Decree, in which case Defendants shall have no less than 45 Days after.receiving notice ofsuch express declination.to file an answer or other pleading in response to the Complaint. 54

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 61 of 67Ji 11/1\/1 \ \ ~ /I ~ 175. This Consent Decree shall be lodged with the Court for a period ofnot less than 30 Days for public notice and comment in accordance with 28 C.F.R. ' 50.7. The United States reserves the right to withdraw or withhold its consent ifthe comments regarding the Consent Decree disclose facts or considerations indicating that the Consent Decree is inappropriate, improper,or inadequate.. Defendants consent to entry ofthis Consent Decree without further notice and agree not to withdraw from or oppose entfy ofthis Consent Decree by the Court or to challenge any provision ofthis Consent Decree,unless the United States has notified Defendants in writing that it no longer supports entry ofthis Consent Decree.

1 ~Io 1 ~ : :

u I I~ : ~ ► 1 ~ 1 : ►~7 ~1 /1 ~I~Y~i1~11]

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--- 176. Conditional Termination ofEnforcement Through this Consent Decree. Subject to the provisions ofParagraph 178, after Defendants:
a. have successfully completed construction, and have maintained operation, ofall. pollution controls as required by this Consent Decree for a period oftwo years and have successfully competed all actions necessary to Retire any Unit required
or elected to be Retired as required by this Consent Decree; and b. have obtained all the final permits and/or site

-specific Alaska SIl'revisions (i)as required by Section XVII (Permits)ofthis Consent Decree and (ii)that include as federally enforceable permit terms or Alaska SIP provisions all Unit

-specific performance, operational, maintenance, and control technology requirements established by this Consent Decree;

55

United States v. Golden Palley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 62 of 67then Defendants may so certify these facts to the United States and this Court. Ifthe United

States do not object in writing with specific reasons within 45 Days ofreceipt ofDefendants' certification, then, for any violations ofthis Consent Decree that occur after the filing ofnotice, the United States shall pursue enforcement ofthese requirements through the applicable permits andlor other enforcement authorities and not through this Consent Decree.

177. Resort to Enforcement Under this Consent Decree. Notwithstanding Paragraph 177, ifenforcement ofaprovision this Consent Decree cannot be pursued by the United States under the Alaska SIP or applicable permits)issued pursuant to the Act or its implementing regulations ( "CAA Permit"), or ifa Consent Decree requirement was intended to be ofthe Alaska SIl' or CAA Permit but did not become or remain part of such SIP or permit,then such requirement may be enforced under the terms ofthis Consent Decree at any time. XXVIII. FIN i. Ti t .NT 178. Upon approval and entry ofthis Consent Decree by the Court, this Consent Decree shall constitute a final judgment between the United States,AIDEA and GVEA.

SO ORDERED,THIS DAY OF 2012

UNITED STATES DISTRICT COURT JUDGE

56

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 63 of 67

### Signature Page for United States of America v. Golden Valley Electric Assoc. et al. Consent Decree
- FOR THE UNITED STATES DEPARTMENT OF JUSTICE

Respectfully submitted, ~,

-, ,< ,~ L MAHAN Deputy Section Chief Environmental Enforcement Section Environment and Natural Resources Division United States Department ofJustice

JUSTIN AGE Senior Counsel Environmental Enforcement Section Environment and Natural Resources Division P.O.. Box 761.1 Washington,DC .20044-7611 (202)514-5293

s~


### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 64 of 67

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 65 of 67Signature Page for United States ofAmerica v. Golden Palley Electric Assoc. et al. Consent

Decree
FOR GOLDEN VALLEY ELECTRIC ASSOCIATION,INC.

By: Bor n Interim President &CEO Golden Valley Electric Association, Inc.

59

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 66 of 67Signature Page for United States ofAmerzca v. Golden Valley Electric Assoc. et al. Consent

Decree
FOR ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY 

## By: 6~-~~ `.-`' Ted Leonard Executive Director Alaska Industrial Development and Export Authority

60

United States v. Golden Valley Electric Association, et al., Consent Decree 

### Case 4:12-cv-00025-RRB Document 3 Filed 10/02/12 Page 67 of 67