IN THE UNITED STATES DISTRICT COURT 

FOR THE CENTRAL DISTRICT OF ILLINOIS 

UNITED STATES OF AMERICA, ) 

Plaintiff, ) 

) 

) 

v. ) 

) 

Dominion Energy, Inc., 

Dominion Energy Brayton Point, LLC, and 

Kincaid Generation, LLC, 

) 

) 

) Civil Action No.: _____________ 

) 

Defendants. ) 

) 

) 

) 

) 

) 

) 

CONSENT DECREE
 
TABLE OF CONTENTS
 

I. JURISDICTION AND VENUE............................................................ 3 

II. APPLICABILITY........................................................................... 4 

III. DEFINITIONS.............................................................................. 4 

IV. NOx EMISSION REDUCTIONS AND CONTROLS................................ 13
 

V. SO2 EMISSION REDUCTIONS AND CONTROLS................................... 18
 

VI. PM EMISSION REDUCTIONS AND CONTROLS.................................. 24
 

VII. RETIRE STATE LINE..................................................................... 30
 

VIII. PROHIBITION ON NETTING CREDITS OR OFFSETS........................... 30
 

IX. ENVIRONMENTAL MITIGATION PROJECTS.................................... 32
 

X. CIVIL PENALTY.......................................................................... 34
 

XI. RESOLUTION OF CLAIMS AGAINST DOMINION............................... 35
 

XII. PERIODIC REPORTING................................................................. 36
 

XIII. REVIEW AND APPROVAL OF SUBMITTALS..................................... 39
 

XIV. STIPULATED PENALTIES............................................................. 39
 

XV. FORCE MAJEURE........................................................................ 50
 

XVI. DISPUTE RESOLUTION................................................................ 53
 

XVII. PERMITS.................................................................................... 55
 

XVIII. INFORMATION COLLECTION AND RETENTION.............................. 58
 

XIX. NOTICES.................................................................................... 59
 

XX. SALES/TRANSFERS OF OPERATIONAL OR OWNERSHIP INTERESTS... 61
 

XXI. EFFECTIVE DATE........................................................................ 63
 

XXII. RETENTION OF JURISDICTION...................................................... 63
 
 

 

XXIII. MODIFICATION.......................................................................... 64
 

XXIV. GENERAL PROVISIONS................................................................ 64
 

XXV. SIGNATORIES AND SERVICE........................................................ 67
 

XXVI. PUBLIC COMMENT..................................................................... 68
 

XXVII. CONDITIONAL TERMINATION OF ENFORCEMENT UNDER DECREE... 68
 

XXVIII. FINAL JUDGMENT..................................................................... 70
 

APPENDIX A -- ENVIRONMENTAL MITIGATION PROJECTS
 
WHEREAS, Plaintiff, the United States of America (“the United States”), on behalf of 

the United States Environmental Protection Agency (“EPA”), is concurrently filing a Complaint 

and Consent Decree for injunctive relief and civil penalties pursuant to Sections 113(b)(2) and 

167 of the Clean Air Act (the “Act”), 42 U.S.C. §§ 7413(b)(2) and 7477, alleging that 

Defendants, Dominion Energy, Inc., et al. (hereinafter “Dominion”), violated the Prevention of 

Significant Deterioration (“PSD”) provisions of Part C of Subchapter I of the Act, 42 U.S.C. 

§§ 7470-7492, the Non-Attainment New Source Review (“NA-NSR”) provisions found at Part 

D of Subchapter I of the Act, 42 U.S.C. §§ 7501-7515, the New Source Performance Standards 

(“NSPS”), 42 U.S.C. § 7411, requirements of Title V of the Act, 42 U.S.C. §§ 7661-7661f, and 

the federally enforceable Indiana, Illinois, and Massachusetts State Implementation Plans 

(“SIPs”); 

WHEREAS, on April 16, 2009, EPA issued a Notice of Violation and Finding of 

Violation (“NOV/FOV”) to Dominion with respect to certain alleged violations of the CAA; 

WHEREAS, the United States provided Dominion and the States of Indiana, Illinois and 

Massachusetts with actual notice pertaining to Dominion’s alleged violations, in accordance with 

Section 113 of the Act, 42 U.S.C. § 7413; 

WHEREAS, in the Complaint, the United States alleges claims upon which, if proven, 

relief can be granted against Dominion under Sections 113 and 167 of the Act, 42 U.S.C. §§ 

7413 and 7477; 

WHEREAS, in the Complaint, the United States alleges, inter alia, that Dominion made 

major modifications to major emitting facilities, and failed to obtain the necessary permits and 

install and operate the controls necessary under the Act to reduce sulfur dioxide (“SO2”), 

1 
 

nitrogen oxides (“NOx”), and/or particulate matter (“PM”) emissions, and that such emissions 

damage human health and the environment; 

WHEREAS, Dominion has not answered the Complaint in light of the settlement 

memorialized in this Decree; 

WHEREAS, Dominion has denied and continues to deny the violations alleged in the 

NOV and Complaint; maintains that it has been and remains in compliance with the Act and is 

not liable for civil penalties or injunctive relief; and states that it is agreeing to the obligations 

imposed by this Decree solely to avoid the costs and uncertainties of litigation and to improve 

the environment; 

WHEREAS, the United States and Dominion (collectively, the “Parties”) have agreed 

that settlement of this action is in the best interests of the Parties and in the public interest, and 

that entry of this Consent Decree without further litigation is the most appropriate means of 

resolving this matter; 

WHEREAS, the Parties anticipate that the installation and operation of pollution control 

equipment pursuant to this Consent Decree, and the retirement of certain facilities required by 

this Consent Decree, will achieve significant reductions of SO2, NOx, and PM emissions, as well 

as other pollutants, and improve air quality; 

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 of the Act; 

and 

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WHEREAS, the Parties have consented to entry of this Consent Decree without trial of 

any issues; 

NOW, THEREFORE, without any admission of fact or law, it is hereby ORDERED, 

ADJUDGED, AND DECREED as follows: 

I. JURISDICTION AND VENUE 

1.	 This Court has jurisdiction 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 

Sections 113 and 167 of the Act, 42 U.S.C. §§ 7413 and 7477. Venue is proper under 

Section 113(b) of the Act, 42 U.S.C. § 7413(b), and under 28 U.S.C. § 1391(b) and (c). 

Solely for the purposes of this Consent Decree and the underlying Complaint, and for no 

other purpose, Dominion waives all objections and defenses that it may have to the 

Court’s jurisdiction over this action, the Court’s jurisdiction over Dominion, and to venue 

in this judicial district. Dominion consents to and shall not challenge entry of this 

Consent Decree or this Court’s jurisdiction to enter and enforce this Consent Decree. 

Notwithstanding the foregoing, should this Consent Decree not be entered by this Court, 

then the waivers and consents set forth in this Section I (Jurisdiction and Venue) shall be 

null and void and of no effect. 

2.	 Except as expressly provided for herein, this Consent Decree shall not create any rights in 

or obligations of any party other than the Parties to this Consent Decree. Except as 

provided in Section XXVI (Public Comment) of this Consent Decree, the Parties consent 

to entry of this Consent Decree without further notice. 

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II. APPLICABILITY
 

3.	 Upon entry, the provisions of this Consent Decree shall apply to and be binding upon the 

United States, and upon Dominion and any successors, assigns, or other entities or 

persons otherwise bound by law. 

4.	 Dominion shall provide a copy of this Consent Decree to all vendors, suppliers, 

consultants, contractors, agents, and any other company or other organization retained to 

perform any of the work required by this Consent Decree. Notwithstanding any retention 

of contractors, subcontractors, or agents to perform any work required under this Consent 

Decree, Dominion shall be responsible for ensuring that all work is performed in 

accordance with the requirements of this Consent Decree. In any action to enforce this 

Consent Decree, Dominion shall not assert as a defense the failure of its officers, 

directors, employees, servants, agents, or contractors to take actions necessary to comply 

with this Consent Decree, unless such failure is determined to be a Force Majeure Event 

as defined in Paragraph 147 of this Consent Decree. 

III. DEFINITIONS 

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 “12-Month Rolling Average Emission Rate” shall be expressed in lb/mmBTU and 

calculated in accordance with the following procedure: first, sum the pounds of the 

pollutant in question emitted from the applicable Unit during the most recent complete 

Month and the previous eleven (11) Months; second, sum the heat input to the applicable 

4 
Unit in mmBTU during the most recent complete Month and the previous eleven (11) 

Months; and third, divide the total number of pounds of the pollutant emitted during the 

twelve (12) Months by the total heat input during the twelve (12) Months. A new 12-

Month Rolling Average Emission Rate shall be calculated for each new complete Month 

in accordance with the provisions of this Consent Decree. Each 12-Month Rolling 

Average Emission Rate shall include all emissions that occur during all periods of 

operation, including startup, shutdown, and Malfunction, except as otherwise provided by 

Section XV (Force Majeure). 

7.	 A “30-Day Rolling Average 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 

pollutant emitted from the Unit during the current Unit Operating Day and the previous 

twenty-nine (29) Unit Operating Days; second, sum the total heat input to the Unit in 

mmBTU during the current Unit Operating Day and the previous twenty-nine (29) Unit 

Operating Days; and third, divide the total number of pounds of pollutant emitted during 

the thirty (30) Unit Operating Days by the total heat input during the thirty (30) Unit 

Operating Days. A new 30-Day Rolling Average Emission Rate shall be calculated for 

each new Operating Day. Each 30-Day Rolling Average Emission Rate shall include all 

emissions that occur during all periods within any Operating Day, including emissions 

from startup, shutdown, and Malfunction, except as otherwise provided by Section XV 

(Force Majeure). 

8.	 “Baghouse” means a full stream (fabric filter) particulate emissions control device. 

5 
9. “Brayton Point” means, for purposes of this Consent Decree, Dominion’s Brayton Point 

Power Station consisting of three coal-fired units designated as Unit 1 (244 net MW), 

Unit 2 (244 net MW), and Unit 3 (612 net MW), located in Somerset, Massachusetts. 

10.	 “CEMS” or “Continuous Emission Monitoring System,” means, for obligations involving 

the monitoring of NOx and SO2 emissions under this Consent Decree, the devices defined 

in 40 C.F.R. § 72.2 and installed and maintained as required by 40 C.F.R. Part 75. 

11.	 “Clean Air Act” or “Act” means the federal Clean Air Act, 42 U.S.C. §§ 7401-7671q, 

and its implementing regulations. 

12.	 “Consent Decree” means this Consent Decree and the Appendix hereto, which is 

incorporated into the Consent Decree. 

13.	 “Continuous Operation” and “Continuously Operate” mean 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, FGD, DSI, ESP, Baghouse, LNB, or OFA), it 

shall be operated at all times such Unit is in operation while burning any coal (except as 

otherwise provided by Section XV (Force Majeure)), consistent with the technological 

limitations, manufacturers’ specifications, good engineering and maintenance practices, 

and good air pollution control practices for minimizing emissions (as defined in 40 

C.F.R. § 60.11(d)) for such equipment and the Unit. 

14.	 “Date of Entry” means the date this Consent Decree is approved or signed by the United 

States District Court Judge. 

15.	 “Date of Lodging” means the date this Consent Decree is filed for lodging with the Clerk 

of the Court for the United States District Court for the Central District of Illinois. 

16.	 “Day” means calendar day unless otherwise specified in this Consent Decree. 

6 
17. “Dominion” or “Defendant” means Dominion Energy, Inc., Dominion Energy Brayton 

Point, LLC, and Kincaid Generation, LLC. 

18.	 “Dominion System” means the Brayton Point, Kincaid, and State Line facilities as 

defined herein. 

19.	 “Dry Sorbent Injection” or “DSI” means a process in which a sorbent is pneumatically 

injected into the ducting downstream of the boiler where the coal is combusted and flue 

gas is produced, and upstream of the PM Control Device. 

20.	 “Electrostatic Precipitator” or “ESP” means a device for removing particulate matter 

from combustion gases by imparting an electric charge to the particles and then attracting 

them to a metal plate or screen of opposite charge before the combustion gases are 

exhausted to the atmosphere. 

21.	 “Emission Rate” for a given pollutant means the number of pounds of that pollutant 

emitted per million British thermal units of heat input (lb/mmBTU), calculated in 

accordance with this Consent Decree. 

22.	 “Environmental Mitigation Projects” or “Projects” means the projects identified in 

Section IX and Appendix A of this Consent Decree. 

23.	 “EPA” means the United States Environmental Protection Agency. 

24.	 “Flue Gas Desulfurization System” or “FGD” means a pollution control device that 

removes sulfur compounds from a flue gas stream, including an absorber or absorbers 

utilizing lime, limestone, or a sodium-based slurry, for the reduction of SO2 emissions. 

25.	 “Fossil Fuel” means any hydrocarbon fuel, including coal, petroleum coke, petroleum oil, 

fuel oil, or natural gas. 

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26. “Kincaid” means Dominion’s Kincaid Power Station consisting of two cyclone boilers, 

designated as Unit 1 (579 net MW) and Unit 2 (579 net MW), located in Kincaid, Illinois. 

Kincaid Unit 1 and Unit 2 exhaust to a common stack where all emissions are monitored. 

Accordingly, so long as the two Units exhaust to a common stack, notwithstanding any 

other provision, any Emission Rates set forth under this Consent Decree as applicable to 

each of Kincaid Unit 1 and Unit 2 shall be measured and calculated for the two Units 

together as if they were a single Unit (e.g., where the Consent Decree specifies that 

Dominion shall operate controls at Kincaid Unit 1 and Unit 2 to achieve and maintain a 

30-Day Rolling Average Emissions Rate for SO2 of 0.100 lb/mmBTU at each Unit, the 

emissions rate calculation for the Kincaid Units will be based on the total SO2 emissions 

and heat input for the two Units together measured at the stack). A violation of any such 

rate based on common stack measurements shall be presumed to be two violations, unless 

Dominion proves to EPA’s satisfaction that the violation is due solely to the malperformance of one of the two units. 

27.	 “KW” means Kilowatt or one thousand watts. 

28.	 “lb/mmBTU” means one pound per million British thermal units. 

29.	 “Low NOx Burner” or “LNB” means commercially available combustion modification 

technology that minimizes NOx formation by introducing coal and combusting air into a 

boiler such that initial combustion occurs in a manner that promotes rapid coal 

devolatilization in a fuel-rich (i.e. oxygen deficient) environment and introduces 

additional air to achieve a final fuel-lean (i.e. oxygen rich) environment to complete the 

combustion processes. 

8 
30. “Malfunction” means any sudden, infrequent, and not reasonably preventable failure of 

air pollution control equipment, process equipment, or a process to operate in a normal or 

usual manner. Failures that are caused in part by poor maintenance or careless operation 

are not Malfunctions. 

31.	 “Month” means a calendar month. 

32.	 “MW” means a megawatt or one million watts. 

33.	 “National Ambient Air Quality Standards” or “NAAQS” means national ambient air 

quality standards promulgated pursuant to Section 109 of the Act, 42 U.S.C. § 7409. 

34.	 “Netting” shall mean the process of determining whether a particular physical change or 

change in the method of operation of a major stationary source results in a net emissions 

increase, as that term is defined at 40 C.F.R. § 52.21(b)(3)(i) and/or an applicable SIP. 

35.	 “NOx” means oxides of nitrogen, measured in accordance with the provisions of this 

Consent Decree. 

36.	 “NOx Allowance” means an authorization to emit a specified amount of NOx that is 

allocated or issued under an emissions trading or marketable permit program of any kind 

established under the Clean Air Act or applicable State Implementation Plan; provided, 

however, that with respect to any such program that first applies to emissions occurring 

after December 31, 2011, a “NOx Allowance” shall include an allowance created and 

allocated to a Dominion System Unit under such program only for control periods 

starting on or after the fourth anniversary of the Date of Entry of this Consent Decree. 

37.	 “Nonattainment NSR” means the new source review program within the meaning of Part 

D of Subchapter I of the Act, 42 U.S.C. §§ 7501-7515 and 40 C.F.R. Part 51, and 

9 
corresponding provisions of the federally enforceable Illinois, Indiana, or Massachusetts 

SIPs. 

38.	 “Operational or Ownership Interest” means part or all of Dominion’s legal or equitable 

operational or ownership interest in any Unit at Brayton Point, Kincaid, or State Line. 

39.	 “Operating Day” means any calendar day on which a Unit fires Fossil Fuel. 

40. “Over Fire Air” or “OFA” mean an in-furnace staged combustion control to reduce NOx 

emissions. 

41.	 “Parties” means the United States of America on behalf of EPA; and Dominion. “Party” 

means one of the named “Parties.” 

42.	 “PM” means total filterable particulate matter, measured in accordance with the 

provisions of this Consent Decree. 

43.	 “PM CEMS” or “PM Continuous Emission Monitoring System” means, for obligations 

involving the monitoring of PM emissions under this Consent Decree, the continuous 

emission monitors installed and maintained as described in 40 C.F.R. § 60.49Da(v). 

44.	 “PM Control Device” means the following devices which reduce emissions of PM: ESPs 

at Kincaid and State Line, and Baghouses at Brayton Point. 

45.	 “PM Emission Rate” means the number of pounds of PM emitted per million BTU of 

heat input (lb/mmBTU). 

46.	 “Plant-Wide Annual Tonnage Limitation” means the limitation, as specified in this 

Consent Decree, on the number of tons of pollutant (SO2 or NOx) that may be emitted 

from the respective facility during the relevant calendar year (i.e., January 1 through 

December 31), and shall include all emissions of the specified pollutant that occur during 

all periods of operation, including startup, shutdown, and Malfunction. 

10
 
47. “Prevention of Significant Deterioration” or “PSD” means the new source review 

program within the meaning of Part C of Subchapter I of the Clean Air Act, 42 U.S.C. §§ 

7470-7492 and 40 C.F.R. Part 52, and corresponding provisions of the federally 

enforceable Illinois, Indiana, or Massachusetts SIPs. 

48.	 “Project Dollars” means Dominion’s expenditures and payments incurred or made in 

carrying out the Environmental Mitigation Projects identified in Section IX and 

Appendix A of this Consent Decree to the extent that such expenditures or payments 

both: (a) comply with the requirements set forth in Section IX and Appendix A of this 

Consent Decree, and (b) constitute Dominion’s direct payments for such projects, or 

Dominion’s external costs for contractors, vendors, and equipment. 

49. “Retire” means to permanently shut down and physically render the Unit inoperable such 

that the Unit cannot physically or legally burn coal, and to comply with applicable state 

and federal requirements for permanently ceasing operation of the Unit as a coal-fired 

electric generating Unit, including amending any submissions to state air emissions 

inventories, and submitting applications to amend all applicable permits so as to reflect 

the permanent shutdown status of such Unit. 

50.	 “SCR” or “Selective Catalytic Reduction” means a pollution control device that destroys 

NOx by injecting a reducing agent (e.g., ammonia) into the flue gas that, in the presence 

of a catalyst (e.g., vanadium, titanium, or zeolite), converts NOx into molecular nitrogen 

and water. 

51. “SO2” means sulfur dioxide, measured in accordance with the provisions of this Consent 

Decree. 

11
 
52. “SO2 Allowance” means an authorization to emit a specified amount of SO2 that is 

allocated or issued under an emissions trading or marketable permit program of any kind 

established under the Clean Air Act or applicable State Implementation Plan; provided, 

however, that with respect to any such program that first applies to emissions occurring 

after December 31, 2011, an “SO2 Allowance” shall include an allowance created and 

allocated to a Dominion System Unit under such program only for control periods 

starting on or after the fourth anniversary of the Date of Entry of this Consent Decree. 

53.	 “State Implementation Plan” or “SIP” means regulations and other materials promulgated 

by a state for purposes of meeting the requirements of the Clean Air Act that have been 

approved by EPA pursuant to Section 110 of the Act, 42 U.S.C. § 7410. 

54.	 “State Line” means Dominion’s State Line Power Station consisting of two coal-fired 

generating units designated as Unit 3 (197 net MW) and Unit 4 (318 net MW), located in 

Hammond, Indiana. 

55.	 “Surrender” or “Surrender of Allowances” means, for purposes of SO2 or NOx 

Allowances, permanently surrendering allowances from the accounts administered by 

EPA and Indiana, Illinois, and Massachusetts for all Units in the Dominion System, so 

that such allowances can never be used thereafter to meet any compliance requirements 

under the Clean Air Act, a SIP, or this Consent Decree. 

56.	 “Title V Permit” means the permit required for Defendant’s major sources pursuant to 

Subchapter V of the Act, 42 U.S.C. §§ 7661-7661e. 

57.	 “Unit” means collectively, the coal pulverizer, stationary equipment that feeds coal to the 

boiler, the boiler that produces steam for the steam turbine, the steam turbine, the 

generator, the equipment necessary to operate the generator, steam turbine, and boiler, 

12
 
and all ancillary equipment, including pollution control equipment and systems necessary 

for production of electricity. An electric steam generating station may comprise one or 

more Units. 

IV. NOx EMISSION REDUCTIONS AND CONTROLS 

A. NOx Emission Limitations and Control Requirements 

1. Selective Catalytic Reduction, Low NOx Burner and Over Fire Air, 

Operation and Performance Requirements at Brayton Point Unit 1 and Unit 

3 

58.	 Commencing no later than thirty (30) Days after the Date of Entry of the Consent Decree, 

and continuing thereafter, Dominion shall Continuously Operate the SCR, OFA, and 

LNB at Unit 1 and Unit 3. Commencing no later than thirty (30) Operating Days 

thereafter, Dominion shall Continuously Operate such SCR, OFA, and LNB so that each 

Unit achieves and maintains a 30-Day Rolling Average NOx Emission Rate of no greater 

than 0.080 lb/mmBTU. During any 30-Day period used to calculate a 30-Day Rolling 

Average NOx Emission Rate for Brayton Point Unit 1 or Unit 3, if the dispatch of either 

Unit requires operation of such Unit(s) burning only natural gas at a load level that results 

in flue gas temperature so low that it becomes technically infeasible to Continuously 

Operate the SCR despite Dominion’s best efforts to do so, Dominion shall not be subject 

to stipulated penalties pursuant to Section XIV (Stipulated Penalties) for violating the 

Emission Rate required by this Paragraph provided that Dominion’s emissions do not 

exceed a 30-Day Rolling Average NOx Emission Rate of 0.090 lb/mmBTU and 

Dominion provides EPA with data and calculations to demonstrate that but for such low 

load operation burning only natural gas, Dominion would have achieved and maintained 

13
 
a 30-Day Rolling Average NOx Emission Rate of no greater than 0.080 lb/mmBTU at 

such Unit(s). 

2. Low NOx Burner and Over Fire Air Operation and Performance 

Requirements at Brayton Point Unit 2 

59.	 Commencing no later than thirty (30) Days after the Date of Entry of the Consent Decree, 

and continuing thereafter, Dominion shall Continuously Operate the LNB and OFA at 

Unit 2. Commencing no later than thirty (30) Operating Days thereafter, Dominion shall 

Continuously Operate such LNB and OFA so that the Unit achieves and maintains a 30-

Day Rolling Average NOx Emission Rate of no greater than 0.280 lb/mmBTU. 

3. Selective Catalytic Reduction and Over Fire Air Operation and 

Performance Requirements at Kincaid Unit 1 and Unit 2 

60.	 Commencing on March 1, 2013, and continuing thereafter, Dominion shall Continuously 

Operate each SCR and OFA at Kincaid Unit 1 and Unit 2. Commencing no later than 

thirty (30) Operating Days thereafter, Dominion shall Continuously Operate each such 

SCR and OFA so that each Unit achieves and maintains a 30-Day Rolling Average 

Emission Rate for NOx of no greater than 0.080 lb/mmBTU. During any 30-Day period 

used to calculate a 30-Day Rolling Average NOx Emission Rate for Kincaid Unit 1 or 

Unit 2, if the dispatch of either Unit requires operation of such Unit(s) at a load level that 

results in flue gas temperature so low that it becomes technically infeasible to 

Continuously Operate the SCR despite Dominion’s best efforts to do so (including, but 

not limited to, maintaining minimum load operation which provides for achieving 

sufficient inlet temperatures for injection of ammonia to the SCR), Dominion shall not be 

subject to stipulated penalties pursuant to Section XIV (Stipulated Penalties) for violating 

14
 
the Emission Rate required by this Paragraph provided that Dominion’s emissions do not 

exceed a 30-Day Rolling Average NOx Emission Rate of 0.090 lb/mmBTU and 

Dominion provides EPA with data and calculations to demonstrate that but for such low 

load operation, Dominion would have achieved and maintained a 30-Day Rolling 

Average NOx Emission Rate of no greater than 0.080 lb/mmBTU at such Unit(s). 

4. Annual NOx Tonnage Limitations 

61.	 In calendar year 2014, and in each calendar year thereafter, Kincaid shall not exceed a 

Plant-Wide Annual Tonnage Limitation of 3,500 tons of NOx, and Brayton Point shall not 

exceed a Plant-Wide Annual Tonnage Limitation of 4,600 tons of NOx. 

B. Monitoring of NOx Emissions 

62.	 In determining a 30-Day Rolling Average NOx Emission Rate, Dominion shall use CEMS 

in accordance with the procedures of 40 C.F.R. Part 75 and 40 C.F.R. Part 60, Appendix 

F, Procedure 1, except that NOx emissions data for the 30-Day Rolling Average NOx 

Emission Rate need not be bias adjusted and the missing data substitution procedures of 

40 C.F.R. Part 75 shall not apply. 

63.	 For purposes of calculating the Plant-Wide Annual NOx Tonnage Limitation, Dominion 

shall use CEMS in accordance with the procedures at 40 C.F.R. Part 75. 

C. Use and Surrender of NOx Allowances 

64.	 Except as may be necessary to comply with Section XIV (Stipulated Penalties), 

Dominion shall not use NOx Allowances to comply with any requirement of this Consent 

Decree, including by claiming compliance with any emission limitation required by this 

Consent Decree by using, tendering, or otherwise applying NOx Allowances to offset any 

excess emissions (i.e., emissions above the limits set forth in this Consent Decree). 

15
 
65. Except as provided in this Consent Decree, and except as required under the current 

Power Purchase Agreement (“PPA”) with ComEd for Kincaid, which will expire on 

February 28, 2013, beginning in calendar year 2013 Dominion shall not sell, bank, trade, 

or transfer any NOx Allowances allocated to the Dominion System. 

66.	 Beginning in calendar year 2013, and continuing each calendar year thereafter, Dominion 

shall Surrender all NOx Allowances (other than those NOx Allowances required to be 

transferred to the previous owner of Kincaid under the PPA referenced in Paragraph 65) 

allocated to the Dominion System for that calendar year that Dominion does not need in 

order to meet its own federal and/or state Clean Air Act regulatory requirements for the 

Dominion System Units. However, NOx Allowances allocated to the Dominion System 

may be used by Dominion to meets its own federal and/or state Clean Air Act regulatory 

requirements for such Units. 

67.	 Nothing in this Consent Decree shall prevent Dominion from purchasing or otherwise 

obtaining NOx Allowances from another source for purposes of complying with federal 

and/or state Clean Air Act regulatory requirements to the extent otherwise allowed by 

law. 

68.	 The requirements of this Consent Decree pertaining to Dominion’s use and Surrender of 

NOx Allowances are permanent injunctions not subject to any termination provision of 

this Consent Decree. 

D. Super-Compliant NOx Allowances 

69.	 Notwithstanding Paragraphs 65 and 66, in each calendar year beginning in 2014, and 

continuing thereafter, Dominion may sell, bank, use, trade, or transfer NOx Allowances 

made available in that calendar year solely as a result of: 

16
 
 

a. the installation and operation of any NOx pollution control that is not otherwise 

required by, or necessary to maintain compliance with, any provision of this Consent 

Decree, and is not otherwise required by law; or 

b. achievement and maintenance of an Emission Rate below an applicable 30-Day 

Rolling Average NOx Emission Rate, 

provided that Dominion is also in compliance for that calendar year with all emission 

limitations for NOx set forth in this Consent Decree. Dominion shall timely report the 

generation of such super-compliant NOx Allowances in accordance with Section XII 

(Periodic Reporting) of this Consent Decree. 

E. Method for Surrender of NOx Allowances 

70.	 Dominion shall Surrender, or transfer to a non-profit third-party selected by Dominion 

for Surrender, all NOx Allowances required to be Surrendered pursuant to Paragraph 66 

by April 30 of the immediately following calendar year. 

71.	 If any NOx Allowances required to be Surrendered under this Consent Decree are 

transferred directly to a non-profit third-party, Dominion shall include a description of 

such transfer in the next report submitted to EPA pursuant to Section XII (Periodic 

Reporting) of this Consent Decree. Such report shall: (a) identify the non-profit thirdparty recipient(s) of the NOx Allowances and list the serial numbers of the transferred 

NOx Allowances; and (b) include a certification by the third-party recipient(s) stating that 

the recipient(s) will not sell, trade, or otherwise exchange any of the NOx Allowances and 

will not use any of the NOx Allowances to meet any obligation imposed by any 

environmental law. No later than the third periodic report due after the transfer of any 

NOx Allowances, Dominion shall include a statement that the third-party recipient(s) 

17
 
Surrendered the NOx Allowances for permanent Surrender to EPA in accordance with the 

provisions of Paragraph 72 within one (1) year after Dominion transferred the NOx 

Allowances to them. Dominion shall not have complied with the NOx Allowance 

Surrender requirements of this Paragraph until all third-party recipient(s) have actually 

Surrendered the transferred NOx Allowances to EPA. 

72.	 For all NOx Allowances required to be Surrendered, Dominion or the third-party 

recipient(s) (as the case may be) shall first submit a NOx Allowance transfer request to 

EPA’s Office of Air and Radiation’s Clean Air Markets Division directing the transfer of 

such NOx Allowances to the EPA Enforcement Surrender Account or to any other EPA 

account that EPA may direct in writing. Such NOx Allowance transfer requests may be 

made in an electronic manner using the EPA’s Clean Air Markets Division Business 

System or similar system provided by EPA. As part of submitting these transfer requests, 

Dominion or the third-party recipient(s) shall irrevocably authorize the transfer of these 

NOx Allowances and identify – by name of account and any applicable serial or other 

identification numbers or station names – the source and location of the NOx Allowances 

being Surrendered. 

V. SO2 EMISSION REDUCTIONS AND CONTROLS 

A. SO2 Emission Limitations and Control Requirements 

1. Dry FGD Operation and Performance Requirements at Brayton Point 

Unit 1 and Unit 2 

73.	 Commencing no later than sixty (60) Days after the Date of Entry of this Consent Decree, 

and continuing thereafter, Dominion shall Continuously Operate the existing dry FGDs at 

18
 
both Brayton Point Unit 1 and Unit 2 so that each Unit achieves and maintains a 12-

Month Rolling Average Emission Rate for SO2 of no greater than 0.150 lb/mmBTU. 

74.	 Commencing on December 31, 2014, and continuing thereafter, Dominion shall 

Continuously Operate the dry FGDs at both Brayton Point Unit 1 and Unit 2 so that each 

Unit achieves and maintains a 30-Day Rolling Average Emission Rate for SO2 of no 

greater than 0.150 lb/mmBTU. Days on which there is a “gas curtailment” shall be 

excluded from the calculation of the 30-Day Rolling Average Emission Rate required by 

this Paragraph. For purposes of this Paragraph, “gas curtailment” means: (a) that ISONew England has requested that Brayton Point not burn gas during a declared “Energy 

Emergency” under Operating Procedure No. 21 or during a declared “Cold Weather 

Event” under Section III.H.3.4(c) of Market Rule 1, Appendix H; (b) that the natural gas 

transmission pipeline operator (e.g., currently, Algonquin Gas Transmission Company) 

has posted a notice to its Electronic Bulletin Board that restricts deliveries on the “GSystem,” or issues an Operational Flow Order, which limits the delivery of gas to 

Brayton Point; or (c) that there is a physical disruption in the delivery of natural gas to 

Brayton Point. To exclude a period of gas curtailment under this Paragraph, Dominion 

must provide notice to EPA of such curtailment within 10 Days of such curtailment, and 

provide EPA with data or information in the next scheduled periodic report required by 

Section XII of this Consent Decree that demonstrates that but for such curtailment, 

Dominion would have achieved and maintained the 30-Day Rolling Average Emission 

Rate otherwise required by this Paragraph. A gas curtailment shall not be deemed to 

occur on the basis of any increase in the cost of supply or transportation of otherwise 

available natural gas to Brayton Point. 

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2. Dry Flue Gas Desulfurization Operation and Performance Requirements 

at Brayton Point Unit 3 

75.	 Commencing on July 1, 2013, and continuing thereafter, Dominion shall Continuously 

Operate dry FGD at Brayton Point Unit 3. Commencing no later than thirty (30) 

Operating Days thereafter, Dominion shall Continuously Operate such dry FGD so as to 

achieve and maintain (a) a 30-Day Rolling Average Emission Rate for SO2 of no greater 

than 0.100 lb/mmBTU, and (b) a 12-Month Rolling Average Emission Rate for SO2 of no 

greater than 0.080 lb/mmBTU. 

3. Dry Sorbent Injection and Performance Requirements at Kincaid 

76.	 Commencing on January 1, 2014, and continuing thereafter, Dominion shall 

Continuously Operate DSI at Kincaid Unit 1 and Unit 2. Commencing no later than 

thirty (30) Operating Days thereafter, Dominion shall Continuously Operate each such 

DSI so that each Unit achieves and maintains a 30-Day Rolling Average Emission Rate 

for SO2 of no greater than 0.100 lb/mmBTU. 

4. Annual SO2 Tonnage Limitations 

77.	 In calendar year 2014 and in each calendar year thereafter, Kincaid shall not exceed a 

Plant-Wide Annual Tonnage Limitation of 4,400 tons of SO2, and Brayton Point shall not 

exceed a Plant-Wide Annual Tonnage Limitation of 4,100 tons of SO2. 

B. Monitoring of SO2 Emissions 

78.	 In determining a 30-Day Rolling Average SO2 Emission Rate or a 12-Month Rolling 

Average SO2 Emission Rate, Dominion shall use CEMS in accordance with the 

procedures of 40 C.F.R. Part 75 and 40 C.F.R. Part 60, Appendix F, Procedure 1, except 

that SO2 emissions data for the 30-Day Rolling Average SO2 Emission Rate need not be 

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bias adjusted and the missing data substitution procedures of 40 C.F.R. Part 75 shall not 

apply. 

79.	 For purposes of calculating the Plant-Wide Annual SO2 Tonnage Limitation, Dominion 

shall use CEMS in accordance with the procedures specified in 40 C.F.R. Part 75. 

C. Use and Surrender of SO2 Allowances 

80.	 Except as may be necessary to comply with Section XIV (Stipulated Penalties), 

Dominion shall not use SO2 Allowances to comply with any requirement of this Consent 

Decree, including by claiming compliance with any emission limitation required by this 

Consent Decree by using, tendering, or otherwise applying SO2 Allowances to offset any 

excess emissions. 

81.	 Except as provided in this Consent Decree, and except as required under the current PPA 

with ComEd for Kincaid, which will expire on February 28, 2013, beginning in calendar 

year 2013 Dominion shall not sell, bank, trade, or transfer any SO2 Allowances allocated 

to the Dominion System. The Parties recognize that this obligation does not apply with 

respect to specific Allowances that were previously allocated to the prior owner of any 

Dominion System Unit under the 1990 Clean Air Act Amendments’ Acid Rain Program 

and that are not owned or controlled by Dominion. 

82.	 Beginning in calendar year 2013, and continuing each year through calendar year 2015, 

Dominion shall Surrender all SO2 Allowances (other than those SO2 Allowances 

required to be transferred to the previous owner of Kincaid under the PPA referenced in 

Paragraph 81 and other than the SO2 Allowances that were previously allocated to the 

prior owner of any Dominion System Unit under the 1990 Clean Air Act Amendments’ 

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Acid Rain Program and that are not owned or controlled by Dominion) provided to 

Dominion for the Dominion System for that calendar year that Dominion does not need 

in order to meet its own federal and/or state Clean Air Act regulatory requirements for 

the Dominion System Units. Beginning in calendar year 2016, and continuing each 

calendar year thereafter, Dominion shall Surrender all SO2 Allowances allocated to the 

Dominion System for that calendar year that Dominion does not need in order to meet its 

own federal and/or state Clean Air Act regulatory requirements for the Dominion System 

Units. However, SO2 Allowances allocated to the Dominion System may be used by 

Dominion to meets its own federal and/or state Clean Air Act regulatory requirements for 

such Units. 

83.	 Nothing in this Consent Decree shall prevent Dominion from purchasing or otherwise 

obtaining SO2 Allowances from another source for purposes of complying with federal 

and/or state regulatory requirements to the extent otherwise allowed by law. 

84.	 The requirements of this Consent Decree pertaining to Dominion’s use and Surrender of 

SO2 Allowances are permanent injunctions not subject to any termination provision of 

this Consent Decree. 

D. Super-Compliant SO2 Allowances 

85.	 Notwithstanding Paragraphs 81 and 82, in each calendar year beginning in 2014, and 

continuing thereafter, Dominion may sell, bank, use, trade, or transfer SO2 Allowances 

made available in that calendar year solely as a result of: 

a. the installation and operation of any SO2 pollution control that is not otherwise 

required by, or necessary to maintain compliance with, any provision of this Consent 

Decree, and is not otherwise required by law; or 

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b. achievement and maintenance of an Emission Rate below an applicable 30-Day 

Rolling Average SO2 Emission Rate, 

provided that Dominion is also in compliance for that calendar year with all emission 

limitations for SO2 set forth in this Consent Decree. Dominion shall timely report the 

generation of such super-compliant SO2 Allowances in accordance with Section XII 

(Periodic Reporting) of this Consent Decree. 

E. Method for Surrender of SO2 Allowances 

86.	 Dominion shall Surrender, or transfer to a non-profit third party selected by Dominion for 

Surrender, all SO2 Allowances required to be Surrendered pursuant to Paragraph 82 by 

April 30 of the immediately following calendar year. 

87.	 If any SO2 Allowances required to be Surrendered under this Consent Decree are 

transferred directly to a non-profit third party, Dominion shall include a description of 

such transfer in the next report submitted to EPA pursuant to Section XII (Periodic 

Reporting) of this Consent Decree. Such report shall: (a) identify the non-profit third 

party recipient(s) of the SO2 Allowances and list the serial numbers of the transferred SO2 

Allowances; and (b) include a certification by the non-profit third party recipient(s) 

stating that the recipient(s) will not sell, trade, or otherwise exchange any of the 

allowances and will not use any of the SO2 Allowances to meet any obligation imposed 

by any environmental law. No later than the third periodic report due after the transfer of 

any SO2 Allowances, Dominion shall include a statement that the non-profit third party 

recipient(s) Surrendered the SO2 Allowances for permanent Surrender to EPA in 

accordance with the provisions of Paragraph 88 within one (1) year after Dominion 

transferred the SO2 Allowances to them. Dominion shall not have complied with the SO2 

23
 
Allowance Surrender requirements of this Paragraph until all third party recipient(s) have 

actually Surrendered the transferred SO2 Allowances to EPA. 

88.	 For all SO2 Allowances required to be Surrendered, Dominion or the third party 

recipient(s) (as the case may be) shall first submit an SO2 Allowance transfer request to 

EPA’s Office of Air and Radiation’s Clean Air Markets Division directing the transfer of 

such SO2 Allowances to the EPA Enforcement Surrender Account or to any other EPA 

account that EPA may direct in writing. Such SO2 Allowance transfer requests may be 

made in an electronic manner using the EPA’s Clean Air Markets Division Business 

System or similar system provided by EPA. As part of submitting these transfer requests, 

Dominion or the third party recipient(s) shall irrevocably authorize the transfer of these 

SO2 Allowances and identify – by name of account and any applicable serial or other 

identification numbers or station names – the source and location of the SO2 Allowances 

being Surrendered. 

VI. PM EMISSION REDUCTIONS AND CONTROLS 

A. Optimization of Baghouse and Existing ESPs 

89.	 By no later than thirty (30) Days from the Date of Entry of this Consent Decree, and 

continuing thereafter, Dominion shall Continuously Operate each PM Control Device on 

each Unit in the Dominion System. Dominion shall, at a minimum, to the extent 

practicable: (a) fully energize each section of the ESP for each Unit, where applicable; 

operate each compartment of the Baghouse for each Unit (except the compartment 

provided as a spare compartment under the design of the baghouse), where applicable 

(regardless of whether those actions are needed to comply with opacity limits); and repair 

any failed ESP section or Baghouse compartment at the next planned Unit outage (or 

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unplanned outage of sufficient length); (b) operate automatic control systems on each 

ESP to maximize PM collection efficiency, where applicable; (c) maintain and replace 

bags on each Baghouse as needed to maximize collection efficiency, where applicable; 

and (d) inspect for and repair during the next planned Unit outage (or unplanned outage 

of sufficient length) any openings in ESP or Baghouse casings, ductwork and expansion 

joints to minimize air leakage. 

B. PM Emission Rate and Monitoring Requirements 

90.	 Commencing no later than sixty (60) Days from the Date of Entry of this Consent 

Decree, and continuing thereafter, Dominion shall Continuously Operate the Baghouses 

at Brayton Point Unit 1 and Unit 2 so that each Unit achieves and maintains a PM 

Emission Rate of no greater than 0.015 lb/mmBTU. 

91.	 Commencing on July 1, 2013, and continuing thereafter, Dominion shall Continuously 

Operate a Baghouse at Brayton Point Unit 3 so as to achieve and maintain a PM Emission 

Rate of no greater than 0.015 lb/mmBTU. 

92.	 Commencing no later than sixty (60) Days from the Date of Entry of this Consent 

Decree, and continuing thereafter, Dominion shall Continuously Operate the ESPs at 

Kincaid Unit 1 and Unit 2 so as to achieve and maintain a PM Emission Rate of no 

greater than 0.030 lb/mmBTU. 

93.	 Commencing in calendar year 2013, and continuing annually thereafter, Dominion shall 

conduct a stack test for PM pursuant to Paragraph 94 for Brayton Point Unit 1, Unit 2 and 

Unit 3, and Kincaid Unit 1 and Unit 2. The annual performance test requirement 

imposed on Dominion by this Paragraph may be satisfied by stack tests conducted by 

Dominion as may be required by its permits from the applicable State for any year that 

25
 
such stack tests are required under the permits. Dominion may perform testing every 

other year, rather than every year, provided that two of the most recently completed test 

results from tests conducted in accordance with the methods and procedures specified in 

this Consent Decree demonstrate that the PM emissions are equal to or less than 0.015 

lb/mmBTU for those units with an ESP and 0.010 lb/mmBTU for those units with a 

Baghouse. Dominion shall perform testing every year, rather than every other year, 

beginning in the year immediately following any test result demonstrating that the PM 

emissions are greater than 0.015 lb/mmBTU for those units with an ESP or 0.010 

lb/mmBTU for those units with a Baghouse . 

94.	 To determine compliance with the PM Emission Rate established in Paragraphs 90-92, 

Dominion shall use the applicable reference methods and procedures (filterable portion 

only) specified in its Clean Air Act permits and applicable SIP. Each test shall consist of 

three separate runs performed under representative operating conditions not including 

periods of startup, shutdown, or Malfunction. The sampling time for each run shall be at 

least 120 minutes and the volume of each run shall be at least 1.70 dry standard cubic 

meters (60 dry standard cubic feet). Dominion shall calculate the PM Emission Rate 

from the stack test results in accordance with 40 C.F.R. § 60.8(f). The results of each PM 

stack test shall be submitted to EPA within sixty (60) Days of completion of each test. 

95.	 Commencing in calendar year 2013, and continuing thereafter in each year that testing is 

required pursuant to Paragraph 93, Dominion shall conduct a PM stack test for 

condensable PM at Brayton Point Unit 1, Unit 2 and Unit 3, and Kincaid Unit 1 and Unit 

2, using the reference methods and procedures set forth at 40 C.F.R. Part 51, Appendix 

M, Method 202 and as set forth in Paragraph 94. Each test shall consist of three separate 

26
 
runs performed under representative operating conditions not including periods of 

startup, shutdown, or Malfunction. The sampling time for each run shall be at least 120 

minutes and the volume of each run shall be 1.70 dry standard cubic meters (60 dry 

standard cubic feet). Dominion shall calculate the number of pounds of condensable PM 

emitted in lb/mmBTU of heat input from the stack test results in accordance with 40 

C.F.R. § 60.8(f). The results of the PM stack test conducted pursuant to this Paragraph 

shall not be used for the purpose of determining compliance with the PM Emission Rates 

required by this Consent Decree. The results of each PM stack test shall be submitted to 

EPA and the applicable state agency within sixty (60) Days of completion of each test. 

96.	 When Dominion submits the application for amendment to its Title V Permit pursuant to 

Paragraph 168, that application shall include a Compliance Assurance Monitoring 

(“CAM”) plan, under 40 C.F.R. Part 64, for the PM Emission Rate in Paragraphs 90-92. 

The PM CEMS required under Paragraphs 97-101 may be used in that CAM plan. 

C. PM CEMS 

97.	 Dominion shall install, correlate, maintain, and operate PM CEMS on Brayton Point Unit 

1, Unit 2, and Unit 3, and Kincaid Unit 1 and Unit 2, as specified below. The PM CEMS 

shall comprise a continuous particle mass monitor measuring 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 each Unit must be appropriate for the anticipated stack conditions and capable 

of measuring PM concentrations on an hourly average basis. Installation and operation of 

a single PM CEMS at the common stack of Kincaid Units 1 and 2 shall serve the 

requirement for both units. Dominion shall maintain, in an electronic database, the 

27
 
hourly average emission values of all PM CEMS in lb/mmBTU. Except for periods of 

monitor malfunction, maintenance, or repair, Dominion shall continuously operate the 

PM CEMS at all times when the Unit it serves is operating. 

98.	 By no later than nine (9) Months from the Date of Entry of this Consent Decree, 

Dominion shall submit to EPA for review and approval pursuant to Section XIII (Review 

and Approval of Submittals) of this Consent Decree a plan for the installation and 

correlation of the PM CEMS for Brayton Point Unit 1, Unit 2 and Unit 3, and the 

common stack of Kincaid Unit 1 and Unit 2. 

99.	 By no later than twelve (12) Months from the Date of Entry of this Consent Decree, 

Dominion shall submit to EPA for review and approval pursuant to Section XIII (Review 

and Approval of Submittals) of this Consent Decree a proposed Quality 

Assurance/Quality Control (“QA/QC”) protocol that shall be followed for such PM 

CEMS. The proposed QA/QC protocol may include a process for streamlined revisions 

to stay current with regulatory changes (e.g., PS 11) and PM monitor vendor 

recommendations. 

100.	 In developing both the plan for installation and correlation of the PM CEMS and the 

QA/QC protocol, Dominion shall use the criteria set forth in 40 C.F.R. Part 60, Appendix 

B, Performance Specification 11, and Appendix F, Procedure 2. Following EPA’s 

approval (in consultation with the appropriate state agency) of the plan described in 

Paragraph 98 and the QA/QC protocol described in Paragraph 99, Dominion shall 

thereafter operate the PM CEMS in accordance with the approved plan and QA/QC 

protocol. 

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101.	 By no later than eighteen (18) Months after the date that EPA approves the plan for the 

installation of the PM CEMS for Kincaid Units 1 and 2, and by no later than twenty four 

(24) months after the date that EPA approves the plan for the installation of the PM 

CEMS for Brayton Point Units 1, 2, and 3, Dominion shall install, correlate, maintain, 

and operate PM CEMS at each Unit or stack, conduct performance specification tests on 

the PM CEMS, and demonstrate compliance with the plan and protocol submitted to and 

approved by EPA in accordance with Paragraphs 98 and 99. Dominion shall report, 

pursuant to Section XII (Periodic Reporting), the data recorded by the PM CEMS, 

expressed in lb/mmBTU on a rolling average 3-hour basis and a rolling average 24-hour 

basis in electronic format (Microsoft Excel compatible) to EPA. Notwithstanding any 

other provision of this Consent Decree, exceedances of the PM Emission Rate that occur 

as a result of detuning emission controls as required to achieve the high level PM test 

runs during the correlation testing shall not be considered a violation of the requirements 

of this Consent Decree and shall not be subject to stipulated penalties; provided, 

however, that Dominion shall make best efforts to keep the high level PM test runs 

during such correlation testing below the applicable PM Emission Rate. 

D. General PM Provisions 

102.	 Stack testing shall be used to determine compliance with the PM Emission Rate 

established by this Consent Decree. Data from PM CEMS shall be used, at a minimum, 

to monitor progress in reducing PM emissions on a continuous basis. 

103.	 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, or clarifications 

29
 
related to the Credible Evidence Rule, 62 Fed. Reg. 8314 (Feb. 24, 1997)) concerning the 

use of data for any purpose under the Act. 

VII. RETIRE STATE LINE 

104.	 No later than June 1, 2012, Dominion shall permanently shut down State Line Unit 3 and 

Unit 4. No later than the Date of Entry of this Consent Decree, Dominion shall 

implement all other requirements to Retire State Line Unit 3 and Unit 4. 

VIII. PROHIBITION ON NETTING CREDITS OR OFFSETS 

105.	 Emission reductions that result from actions to be taken by Dominion after the Date of 

Entry of this Consent Decree to comply with the requirements of this Consent Decree 

shall not be considered as a creditable contemporaneous emission decrease for the 

purpose of obtaining a Netting credit or offset under the Clean Air Act’s Nonattainment 

NSR and PSD programs. Notwithstanding the preceding sentence, and subject to the 

limitations provided in the following Paragraph 106, Dominion may treat up to (a) 75 

tons of NOx, 75 tons of SO2, and 15 tons of PM emission reductions at the Kincaid plant 

as if they were not otherwise required by this Consent Decree for purposes of netting at 

the Kincaid plant, and (b) 75 tons of NOx, 75 tons of SO2, and 15 tons of PM emission 

reductions at Brayton Point Unit 3 as if they were not otherwise required by this Consent 

Decree for purposes of Netting at Brayton Point Unit 3. 

106.	 Use of the Netting credits provided in Paragraph 105 is subject to the following 

additional restrictions: 

(a) The emission reductions of NOx, SO2, and PM Dominion intends to utilize for 

Netting purposes must be contemporaneous and otherwise creditable within the meaning 

of the Act and the applicable SIP, and Dominion must comply with, and be subject to, all 

30
 
requirements and criteria for creating contemporaneous creditable decreases as set forth 

in 40 C.F.R. § 52.21(b) and the applicable SIP, subject to the limitations of this Section, 

(b) Dominion must apply for, and obtain, any required minor NSR permits for any 

project in which emission reductions under Paragraph 105 are used for Netting. 

Dominion shall provide notice and a copy of its permit application to EPA in accordance 

with Section XIX (Notices), concurrent with its permit application submission to the 

relevant permitting authority, 

(c) The emission reductions of NOx, SO2, and PM Dominion intends to utilize for 

Netting shall not be available under this Section if such use would result in an 

exceedance of a PSD increment, an adverse impact on a Class I area, or an interference 

with “reasonable further progress” toward attainment of a NAAQS in accordance with 

Part D of the CAA, and 

(d) Dominion must be and remain in full compliance with the provisions of this 

Consent Decree establishing performance, operational, maintenance, and control 

technology requirements at the plant at which netting is used or proposed to be used, 

including Emission Rates, Plant-Wide Annual Tonnage Limitations, and the requirements 

pertaining to the Surrender of SO2 and NOx Allowances. 

107.	 The limitations on the generation and use of Netting credits and offsets set forth in this 

Section do not apply to emission reductions achieved by a particular Dominion System 

Unit that are greater than those required under this Consent Decree for that particular 

Dominion System Unit. For purposes of this Paragraph, emission reductions from a 

Dominion System Unit are greater than those required under this Consent Decree if they 

result from such Unit’s compliance with federally-enforceable emission limits that are 

31
 
more stringent than those limits imposed on the Unit under this Consent Decree and 

under applicable provisions of the Clean Air Act or the applicable SIP. 

108.	 Nothing in this Consent Decree is intended to preclude the emission reductions generated 

under this Consent Decree from being considered by the applicable state regulatory 

agency or EPA for the purpose of attainment demonstrations submitted pursuant to § 110 

of the Act, 42 U.S.C. § 7410, or in determining impacts on National Ambient Air Quality 

Standards, PSD increment, or air quality related values, including visibility, in a Class I 

area. 

IX. ENVIRONMENTAL MITIGATION PROJECTS 

109.	 Dominion shall implement the Environmental Mitigation Projects (“Projects”) described 

in Appendix A to this Consent Decree in compliance with the approved plans and 

schedules for such Projects and other terms of this Consent Decree. In implementing the 

Projects, Dominion shall spend no less than $9.75 million in Project Dollars. Dominion 

shall not include its own personnel costs in overseeing the implementation of the Projects 

as Project Dollars. 

110.	 Dominion shall maintain, and present to EPA upon request, all documents to substantiate 

the Project Dollars expended to implement the Projects described in Appendix A, and 

shall provide these documents to EPA within thirty (30) Days of a request for the 

documents. 

111.	 All plans and reports prepared by Dominion pursuant to the requirements of this Section 

IX of the Consent Decree and required to be submitted to EPA shall be publicly available 

from Dominion without charge. 

32
 
 

112. Dominion shall certify, as part of each plan submitted to EPA for any Project, that 

Dominion is not otherwise required by law to perform the Project described in the plan, 

that Dominion is unaware of any other person who is required by law to perform the 

Project, and that Dominion will not use any Project, or portion thereof, to satisfy any 

obligations that it may have under other applicable requirements of law, including any 

applicable renewable or energy efficiency portfolio standards. 

113.	 Dominion shall use good faith efforts to secure as much environmental benefit as 

possible for the Project Dollars expended, consistent with the applicable requirements 

and limits of this Consent Decree. 

114.	 If Dominion elects (where such an election is allowed) to undertake a Project by 

contributing funds to another person or entity that will carry out the Project in lieu of 

Dominion, but not including Dominion’s agents or contractors, that person or 

instrumentality must, in writing: (a) identify its legal authority for accepting such 

funding; and (b) identify its legal authority to conduct the Project for which Dominion 

contributes the funds. Regardless of whether Dominion elects (where such election is 

allowed) to undertake a Project by itself or to do so by contributing funds to another 

person or instrumentality that will carry out the Project, Dominion acknowledges that it 

will receive credit for the expenditure of such funds as Project Dollars only if Dominion 

demonstrates that the funds have been actually spent by either Dominion or by the person 

or instrumentality receiving them, and that such expenditures met all requirements of this 

Consent Decree. 

115.	 Dominion shall comply with the reporting requirements described in Appendix A. 

33
 
116.	 In connection with any communication to the public or to shareholders regarding 

Dominion’s actions or expenditures relating in any way to the Environmental Mitigation 

Projects in this Consent Decree, Dominion shall include prominently in the 

communication the information that the actions and expenditures were required as part of 

a consent decree to resolve allegations that Dominion violated the Clean Air Act. 

117.	 Within sixty (60) Days following the completion of each Project required under this 

Consent Decree (including any applicable periods of demonstration or testing), Dominion 

shall submit to the United States a report that documents the date that the Project was 

completed, the results achieved by implementing the Project, including the emission 

reductions or other environmental benefits, and the Project Dollars expended by 

Dominion in implementing the Project. 

X. CIVIL PENALTY 

118.	 Within thirty (30) Days after the Date of Entry of this Consent Decree, Dominion shall 

pay to the United States a civil penalty in the amount of $3.4 million. The civil penalty 

shall be paid by Electronic Funds Transfer (“EFT”) to the United States Department of 

Justice, in accordance with current EFT procedures, referencing USAO File Number 

2013V00150, DOJ Case Number 90-5-2-1-09860, and the civil action case name and 

case number of this action. The costs of such EFT shall be Dominion’s responsibility. 

Payment shall be made in accordance with instructions provided to Dominion by the 

Financial Litigation Unit of the U.S. Attorney’s Office for the Central District of Illinois. 

Any funds received after 2:00 p.m. EDT shall be credited on the next business day. At 

the time of payment, Dominion shall provide notice of payment, referencing the USAO 

File Number, the DOJ Case Number, and the civil action case name and case number, to 

34
 
the United States Department of Justice and to EPA in accordance with Section XIX 

(Notices) of this Consent Decree. 

119.	 Failure to timely pay the civil penalty shall subject Dominion 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 Dominion liable for all charges, costs, fees, and penalties 

established by law for the benefit of a creditor or of the United States in securing 

payment. 

120.	 Payments made pursuant to this Section, and payments made pursuant to Section XIV 

(Stipulated Penalties), are penalties within the meaning of Section 162(f) of the Internal 

Revenue Code, 26 U.S.C. § 162(f), and are not tax-deductible expenditures for purposes 

of federal law. 

XI. RESOLUTION OF CLAIMS AGAINST DOMINION 

A. Resolution of U.S. Civil Claims 

121.	 Claims of the United States Based on Modifications Occurring Before the Date of 

Lodging of this Consent Decree. Entry of this Consent Decree shall resolve all civil 

claims of the United States against Dominion that arose from any modifications 

commenced at any Dominion System Unit prior to the Date of Lodging of this Consent 

Decree, including but not limited to those modifications alleged in the NOV/FOV issued 

by EPA to Dominion on April 16, 2009 and the Complaint filed in this civil action, under 

any or all of: (a) Parts C or D of Subchapter I of the Clean Air Act, 42 U.S.C. §§ 7470-

7492, 7501-7515, and the implementing PSD and Nonattainment NSR provisions of the 

relevant SIPs; (b) Section 111 of the Clean Air Act and 40 C.F.R. Section 60.14; and (c) 

Title V of the Clean Air Act, 42 U.S.C. § 7661-7661f, but only to the extent that such 

35
 
 

Title V claims are based on Dominion’s failure to obtain an operating permit that reflects 

applicable requirements imposed under Parts C or D of Subchapter I of the Clean Air 

Act. Entry of this Consent Decree shall also resolve the civil claims of the United States 

for any opacity claims at State Line that occurred prior to the lodging of this Consent 

Decree, including the opacity violations alleged in EPA’s April 16, 2009 NOV/FOV. 

XII. PERIODIC REPORTING 

122. After entry of this Consent Decree, Dominion shall submit to EPA a periodic report, 

within sixty (60) Days after the end of each half of the calendar year (January through 

June and July through December). The report shall include the following information: 

a.	 all information necessary to determine compliance with the requirements of the 

following provisions of this Consent Decree: Section IV concerning NOx 

emissions and monitoring (including all information necessary to determine 

whether it is technically infeasible to Continuously Operate the SCR as provided 

in Paragraphs 58 and 60), and the surrender of NOx Allowances; Section V 

concerning SO2 emissions and monitoring (including all information concerning 

gas curtailments as provided in Paragraph 74), and the surrender of SO2 

Allowances; Section VI concerning PM emissions and monitoring; 

b.	 3-hour rolling average and 24-hour rolling average PM CEMS data as required by 

Paragraph 101 in electronic format (Microsoft Excel compatible), and an 

identification of all periods of monitor malfunction, maintenance, and/or repair as 

provided in Paragraph 97; 

36
 
c. Any submittals to the applicable permitting authority requesting use of Netting 

credits or offsets generated by Paragraph 105 of this Consent Decree. 

d. all information relating to Super-Compliant NOx and SO2 Allowances that 

Dominion claims to have generated in accordance with Sections IV.D and V.D 

through compliance beyond the requirements of this Consent Decree; 

e. all information indicating that the installation or upgrade and commencement of 

operation of a new or upgraded pollution control device may be delayed, 

including the nature and cause of the delay, and any steps taken by Dominion to 

mitigate such delay; 

f. all affirmative defenses asserted pursuant to Paragraphs 138 through 144 during 

the period covered by the progress report; 

g. an identification of all periods when any pollution control device required by this 

Consent Decree to Continuously Operate was not operating, the reason(s) for the 

equipment not operating, and the basis for Dominion’s compliance or noncompliance with the Continuous Operation requirements of this Consent Decree; 

and 

h. a summary of actions implemented and expenditures made pursuant to 

implementation of the Environmental Mitigation Projects required pursuant to 

Section IX and Appendix A. 

123.	 In any periodic report submitted pursuant to this Section, Dominion may incorporate by 

reference information previously submitted under its Title V permitting requirements, 

provided that Dominion attaches the Title V Permit report (or the pertinent portions of 

37
 
such report) and provides a specific reference to the provisions of the Title V Permit 

report that are responsive to the information required in the periodic report. 

124.	 In addition to the reports required pursuant to this Section, if Dominion violates or 

deviates from any provision of this Consent Decree, Dominion shall submit to EPA a 

report on the violation or deviation within ten (10) business days after Dominion knew or 

should have known of the event. In the report, Dominion shall explain the cause or 

causes of the violation or deviation and any measures taken or to be taken by Dominion 

to cure the reported violation or deviation or to prevent such violation or deviation in the 

future. If at any time, the provisions of this 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 of this Paragraph. 

125.	 Each Dominion report shall be signed by Dominion’s Responsible Official as defined in 

Title V of the Clean Air Act, or his or her equivalent or designee of at least the rank of 

Vice President, and shall contain the following certification: 

This information was prepared either by me or under my direction or supervision 

in accordance with a system designed to assure that qualified personnel properly 

gather and evaluate the information submitted. Based on my evaluation, or the 

direction and my inquiry of the person(s) who manage the system, or the 

person(s) directly responsible for gathering the information, I hereby certify under 

penalty of law that, to the best of my knowledge and belief, this information is 

true, accurate, and complete. I understand that there are significant penalties for 

submitting false, inaccurate, or incomplete information to the United States. 

126.	 If any NOx or SO2 Allowances are surrendered to any non-profit third party pursuant to 

Paragraphs 71 and/or 87, the non-profit third party’s certification shall be signed by a 

managing officer of the non-profit third party and shall contain the following language: 

38
 
I certify under penalty of law that _____________ [name of non-profit third 

party] will not sell, trade, or otherwise exchange any of the allowances and will 

not use any of the allowances to meet any obligation imposed by any 

environmental law. I understand that there are significant penalties for making 

misrepresentations to or misleading the United States. 

XIII. REVIEW AND APPROVAL OF SUBMITTALS 

127.	 Dominion shall submit each plan, report, or other submission required by this Consent 

Decree to EPA whenever such a document is required to be submitted for review or 

approval pursuant to this Consent Decree. For any submittal requiring EPA approval 

under this Consent Decree, EPA may approve the submittal or decline to approve it and 

provide written comments explaining the bases for declining such approval as soon as 

reasonably practicable. Within sixty (60) Days of receiving written comments from EPA, 

Dominion 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 of informal negotiations, under Section XVI (Dispute Resolution) of 

this Consent Decree. 

128.	 Upon receipt of EPA’s final approval of the submittal, or upon completion of the 

submittal pursuant to dispute resolution, Dominion shall implement the approved 

submittal in accordance with the schedule specified therein or another EPA-approved 

schedule. 

XIV. STIPULATED PENALTIES 

129.	 For any failure by Dominion to comply with the terms of this Consent Decree, and 

subject to the provisions of Sections XV (Force Majeure) and XVI (Dispute Resolution), 

Dominion shall pay, within thirty (30) Days after receipt of written demand to Dominion 

by the United States, the following stipulated penalties to the United States: 

39
 
Consent Decree Violation Stipulated Penalty 

a. Failure to pay the civil penalty as required by Section X 

(Civil Penalty) of this Consent Decree 

$10,000 per Day 

b. Failure to comply with any applicable 30-Day Rolling 

Average Emission Rate. 

$2,500 per Day per violation 

where the violation is less than 

5% in excess of the lb/mmBTU 

limits 

$5,000 per Day per violation 

where the violation is equal to 

or greater than 5% but less than 

10% in excess of the 

lb/mmBTU limits 

$10,000 per Day per violation 

where the violation is equal to 

or greater than 10% in excess of 

the lb/mmBTU limits 

c. Failure to comply with any applicable 12-Month Rolling 

Average Emission Rate 

$200 per Operating Day per 

violation where the violation is 

less than 5% in excess of the 

lb/mmBTU limits 

$400 per Operating Day per 

violation where the violation is 

equal to or greater than 5% but 

less than 10% in excess of the 

lb/mmBTU limits 

$800 per Operating Day per 

violation where the violation is 

equal to or greater than 10% in 

excess of the lb/mmBTU limits 

d. Failure to comply with an applicable Plant-Wide Annual $5,000 per ton for first 100 tons, 

Tonnage Limitation $10,000 per ton for each 

additional ton above 100 tons, 

plus the surrender of NOx or 

SO2 Allowances in an amount 

equal to two times the number 

of tons of NOx or SO2 emitted 

that exceeded the Plant-Wide 

Annual Tonnage Limitation 

40
 
e. Failure to install, commence Continuous Operation, or $10,000 per Day per violation 

Continuously Operate a NOx, SO2, or PM control device as during the first 30 Days; 

required by this Consent Decree $37,500 per Day per violation 

thereafter 

f. Failure to comply with any applicable PM Emission Rate, 

where the violation is less than 5% in excess of the 

lb/mmBTU limit 

$2,500 per Operating Day per 

violation, starting on the Day a 

stack test result demonstrates a 

violation and continuing each 

Operating Day thereafter until 

and excluding such Day on 

which a subsequent stack test* 

demonstrates compliance with 

the applicable PM Emission 

Rate 

g. Failure to comply with any applicable PM Emission Rate, 

where the violation is equal to or greater than 5% but less 

than 10% in excess of the lb/mmBTU limit 

$5,000 per Operating Day per 

violation, starting on the Day a 

stack test result demonstrates a 

violation and continuing each 

Operating Day thereafter until 

and excluding such Day on 

which a subsequent stack test* 

demonstrates compliance with 

the applicable PM Emission 

Rate 

h. Failure to comply with any applicable PM Emission Rate, 

where the violation is equal to or greater than 10% in excess 

of the lb/mmBTU limit 

$10,000 per Operating Day per 

violation, starting on the Day a 

stack test result demonstrates a 

violation and continuing each 

Operating Day thereafter until 

and excluding such Day on 

which a subsequent stack test* 

demonstrates compliance with 

the applicable PM Emission 

Rate 

i. Failure to Retire a Unit as required by this Consent Decree $10,000 per Day per violation 

during the first 30 Days; 

$37,500 per Day per violation 

thereafter 

j. Failure to conduct a stack test for PM and as required by 

Section VI of this Consent Decree 

$1,000 per Day per violation 

k. Failure to install or operate CEMS as required by this 

Consent Decree 

$1,000 per Day per violation 

41
 
 

l. Failure to apply for any permit required by Section XVII 

of this Consent Decree 

$1,000 per Day per violation 

m. Failure to timely submit, modify, or implement, as 

approved, the reports, plans, studies, analyses, protocols, or 

other submittals required by this Consent Decree 

$750 per Day per violation 

during the first 10 Days; $1,000 

per Day per violation thereafter 

n. Failure to surrender SO2 Allowances as required by this 

Consent Decree $37,500 per Day, plus $1,000 

per SO2 Allowance not 

surrendered 

o. Failure to surrender NOx Allowances as required by this 

Consent Decree $37,500 per Day, plus $1,000 

per NOx Allowance not 

surrendered 

p. Using, selling, banking, trading, or transferring NOx 

Allowances or SO2 Allowances except as permitted by this 

Consent Decree 

The surrender of Allowances in 

an amount equal to four (4) 

times the number of Allowances 

used, sold, banked, traded, or 

transferred in violation of this 

Consent Decree 

q. Failure to demonstrate the third-party surrender of a NOx 

or SO2 Allowance as required by Paragraphs 72 and 88 of 

this Consent Decree 

$2,500 per Day per violation 

r. Failure to optimize the existing ESPs and baghouses as 

required by Paragraph 89 of this Consent Decree 

$1,000 per Day per violation 

s. Failure to undertake and complete any of the 

Environmental Mitigation Projects in compliance with 

Section IX and Appendix A of this Consent Decree 

$1,000 per Day per violation 

during the first 30 Days; $5,000 

per Day per violation thereafter 

t. Any other violation of this Consent Decree $1,000 per Day per violation 

*Dominion shall not be required to make any submission, including any notice or test 

protocol, or to obtain any approval to or from EPA in advance of conducting such a 

subsequent stack test, provided that Dominion uses test protocols previously 

approved by EPA. 

130.	 Violations of any limit based on a 30-Day rolling average constitutes thirty (30) Days of 

violation but where such a violation (for the same pollutant and from the same Unit) 

recurs within periods less than thirty (30) Days, Dominion shall not be obligated to pay a 

daily stipulated penalty for any Day of the recurrence for which a stipulated penalty has 

already been paid. 

42
 
131. Violations of any limit based on a 12-Month rolling average shall be assessed a stipulated 

penalty for each Operating Day in the 365 Days comprising the 12-Month period at issue, 

excluding any Operating Day for which a stipulated penalty has already been paid for a 

violation of an applicable 30-Day Rolling Average Emission Rate (for the same pollutant 

and from the same Unit). Where such a violation of the 12-Month Rolling Average 

Emission Rate (for the same pollutant and from the same Unit) recurs within periods less 

than 12 Months, Dominion shall not be obligated to pay a monthly stipulated penalty for 

any Day of the recurrence for which a stipulated penalty has already been paid. 

132.	 All stipulated penalties shall begin to accrue on the Day after the performance is due or 

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 of 

separate stipulated penalties for separate violations of this Consent Decree. 

133.	 Dominion shall pay all stipulated penalties to the United States within thirty (30) Days of 

receipt of written demand to Dominion from the United States, and shall continue to 

make such payments every thirty (30) Days thereafter until the violation(s) no longer 

continues, unless Dominion elects within twenty (20) Days of receipt of written demand 

to Dominion from the United States to dispute the accrual of stipulated penalties in 

accordance with the provisions in Section XVI (Dispute Resolution) of this Consent 

Decree. 

134.	 Stipulated penalties shall continue to accrue as provided in accordance with Paragraph 

132 during any dispute, with interest on accrued stipulated penalties payable and 

43
 
calculated at the rate established by the Secretary of the Treasury, pursuant to 28 U.S.C. 

§ 1961, but need not be paid until the following: 

a. If the dispute is resolved by agreement, or by a decision of the United 

States pursuant to Section XVI (Dispute Resolution) of this 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 thirty (30) Days of 

the effective date of the agreement or of the receipt of the United States’ decision; 

b. If the dispute is appealed to the Court and the United States prevails in 

whole or in part, Dominion shall, within thirty (30) Days of receipt of the 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; 

c. If the Court’s decision is appealed by either Party, Dominion shall, within 

fifteen (15) Days of receipt of the final appellate court decision, pay all accrued 

stipulated penalties determined by the appellate court to be owing, together with 

interest accrued on such stipulated penalties. 

Notwithstanding any other provision of this Consent Decree, the accrued stipulated 

penalties agreed by the United States and Dominion, or determined by the United States 

through Dispute Resolution, to be owing may be less than the stipulated penalty amounts 

set forth in Paragraph 129. 

135.	 All monetary stipulated penalties shall be paid in the manner set forth in Section X (Civil 

Penalty) of this Consent Decree, and all Allowance Surrender stipulated penalties shall 

comply with the Allowance Surrender procedures of Paragraphs 70-72 and 86-88. 

44
 
136. Should Dominion fail to pay stipulated penalties in compliance with the terms of this 

Consent Decree, the United States shall be entitled to collect interest on such penalties, as 

provided for in 28 U.S.C. § 1961. 

137.	 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 

Dominion’s failure to comply with any requirement of this Consent Decree or applicable 

law, except that for any violation of the Act for which this Consent Decree provides for 

payment of a stipulated penalty, Dominion shall be allowed a credit for stipulated 

penalties paid against any statutory penalties also imposed for such violation. 

138.	 Affirmative Defense as to Stipulated Penalties for Excess Emissions Occurring During 

Malfunctions: If any of the Units at Brayton or Kincaid exceed an applicable 30-Day 

Rolling Average Emission Rate for NOx or SO2 set forth in this Consent Decree due to 

Malfunction, Dominion, bearing the burden of proof, has an affirmative defense to 

stipulated penalties under this Consent Decree, if Dominion has complied with the 

reporting requirements of Paragraphs 143 and 144 and has demonstrated all of the 

following: 

a. the excess emissions were caused by a sudden, unavoidable breakdown of 

technology, beyond Dominion’s control; 

b. the excess emissions (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; 

45
 
 

c. to the maximum extent practicable, the air pollution control equipment 

and processes were maintained and operated in a manner consistent with good 

practice for minimizing emissions; 

d. repairs were made in an expeditious fashion when Dominion knew or 

should have known that an applicable 30-Day Rolling Average Emission Rate 

was being or would be exceeded. 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 of the excess emissions (including any bypass) 

were minimized to the maximum extent practicable during periods of such 

emissions; 

f. all possible steps were taken to minimize the impact of the excess 

emissions on ambient air quality; 

g. all emission monitoring systems were kept in operation if at all possible; 

h. Dominion’s 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 of a recurring pattern indicative of 

inadequate design, operation, or maintenance; and 

j. Dominion properly and promptly notified EPA as required by this Consent 

Decree. 

139.	 To assert an affirmative defense for Malfunction under Paragraph 138, Dominion shall 

submit all data demonstrating the actual emissions for the Day the Malfunction occurs 

and the 29-Day period following the Day the Malfunction occurs. Dominion may, if it 

46
 
elects, submit emissions data for the same 30-Day period but that excludes the excess 

emissions. 

140.	 Affirmative Defense as to Stipulated Penalties for Excess Emissions Occurring During 

Startup and Shutdown: If any of the Units at Brayton or Kincaid exceed an applicable 

30-Day Rolling Average Emission Rate for NOx or SO2 set forth in this Consent Decree 

due to startup or shutdown, Dominion, bearing the burden of proof, has an affirmative 

defense to stipulated penalties under this Consent Decree, if Dominion has complied with 

the reporting requirements of Paragraphs 143 and 144 and has demonstrated all of the 

following: 

a. the periods of excess 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, operation, and 

maintenance practices and manufacturers’ specifications and recommendations; 

b. the excess emissions were not part of a recurring pattern indicative of 

inadequate design, operation, or maintenance; 

c. if the excess emissions were caused by a bypass (an intentional diversion 

of control equipment), then the bypass was unavoidable to prevent loss of life, 

personal injury, or severe property damage; 

d. at all time, the facility was operated in a manner consistent with good 

practice for minimizing emissions; 

e. the frequency and duration of operation in startup or shutdown mode was 

minimized to the maximum extent practicable and consistent with good 

47
 
 

engineering, operation, and maintenance practices and manufacturers’ 

specifications and recommendations; 

f. all possible steps were taken to minimize the impact of the excess 

emissions on ambient air quality; 

g. All emissions monitoring systems were kept in operation if at all possible; 

h. Dominion’s actions during the period of excess emissions were 

documented by properly signed, contemporaneous operating logs, or other 

relevant evidence; and 

i. Dominion properly and promptly notified EPA as required by this Consent 

Decree. 

141.	 To assert an affirmative defense for startup or shutdown under Paragraph 140, Dominion 

shall submit all data demonstrating the actual emissions for the Day the excess emissions 

from startup or shutdown occurs and the 29-Day period following the Day the excess 

emissions from startup or shutdown occurs. Dominion may, if it elects, submit emissions 

data for the same 30-Day period but that excludes the excess emissions. 

142.	 If excess emissions occur due to a Malfunction during routine startup and shutdown, then 

those instances shall be treated as other Malfunctions subject to Paragraph 138. 

143.	 For an affirmative defense under Paragraphs 138 and 140, Dominion, bearing the burden 

of proof, shall demonstrate, through submission of the data and information under the 

reporting provisions of this Section, that all reasonable and practicable measures within 

Dominion’s control were implemented to prevent the occurrence of the excess emissions. 

144.	 Dominion shall provide notice to EPA in writing of Dominion’s intent to assert an 

affirmative defense for Malfunction, startup, or shutdown under Paragraphs 138 and 140, 

48
 
 

 

 

 

 

 

 

 

in Dominion’s semi-annual progress reports as required by Paragraph 122. This notice 

shall be submitted to EPA pursuant to the provisions of Section XIX (Notices). The 

notice shall contain: 

a. The identity of each stack or other emission point where the excess 

emissions occurred; 

b. The magnitude of the excess emissions expressed in lb/mmBTU and the 

operating data and calculations used in determining the magnitude of the excess 

emissions; 

c. The time and duration or expected duration of the excess emissions; 

d. The identity of the equipment from which the excess emissions emanated; 

e. The nature and cause of the excess emissions; 

f. The steps taken, if the excess emissions were the result of a 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; and 

h. If applicable, a list of the steps taken to comply with permit conditions 

governing Unit operation during periods of startup, shutdown, and/or 

Malfunction. 

145. A Malfunction, startup, or shutdown shall not constitute a Force Majeure Event unless 

the Malfunction, startup, or shutdown meets the definition of a Force Majeure Event, as 

provided in Section XV (Force Majeure). 

49
 
146.	 The affirmative defense provided herein is only an affirmative defense to stipulated 

penalties for violations of this Consent Decree, and not a defense to any civil or 

administrative action for injunctive relief. 

XV. FORCE MAJEURE 

147.	 For purposes of this Consent Decree, a “Force Majeure Event” shall mean an event that 

has been or will be caused by circumstances beyond the control of Dominion, its 

contractors, or any entity controlled by Dominion that delays or prevents compliance 

with any provision of this Consent Decree or otherwise causes noncompliance with any 

provision of this Consent Decree despite Dominion’s 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 of any such event (a) as it is 

occurring, and (b) after it has occurred, such that the delay or noncompliance, and any 

adverse environmental effect of the delay or noncompliance, is minimized to the greatest 

extent possible. 

148.	 Notice of Force Majeure Events. If any event occurs or has occurred that may delay or 

prevent compliance with or otherwise cause noncompliance with any obligation under 

this Consent Decree, as to which Dominion intends to assert a claim of Force Majeure, 

Dominion shall notify the United States in writing as soon as practicable, but in no event 

later than fourteen (14) Days following the date Dominion first knew, or by the exercise 

of due diligence should have known, that the event caused or may cause such delay or 

noncompliance. In this notice, Dominion shall reference this Paragraph of this Consent 

Decree and describe the anticipated length of time that the delay or noncompliance may 

persist, the cause or causes of the delay or noncompliance, all measures taken or to be 

50
 
taken by Dominion to prevent or minimize the delay or noncompliance and any adverse 

environmental effect of the delay or noncompliance, the schedule by which Dominion 

proposes to implement those measures, and Dominion’s rationale for attributing a delay 

or noncompliance to a Force Majeure Event. Dominion shall adopt all reasonable 

measures to avoid or minimize such delays or noncompliance. Dominion shall be 

deemed to know of any circumstance which Dominion, its contractors, or any entity 

controlled by Dominion knew or should have known. 

149.	 Failure to Give Notice. If Dominion fails to comply with the notice requirements of this 

Section, the United States may void Dominion’s claim for Force Majeure as to the 

specific event for which Dominion has failed to comply with such notice requirement. 

150.	 United States’ Response. The United States shall notify Dominion in writing regarding 

Dominion’s claim of Force Majeure as soon as reasonably practicable. If the United 

States agrees that a Force Majeure Event has delayed or prevented, or will delay or 

prevent, compliance with any provision of this Consent Decree, or has otherwise caused 

or will cause noncompliance with any provision of this Consent Decree, the United States 

and Dominion shall stipulate to an extension of deadline(s) for performance of the 

affected compliance requirement(s) by a period equal to the delay or period of 

noncompliance actually caused by the event. 

151.	 Disagreement. If the United States does not accept Dominion’s claim of Force Majeure, 

or if the United States and Dominion cannot agree on the length of the delay or 

noncompliance actually caused by the Force Majeure Event, the matter shall be resolved 

in accordance with Section XVI (Dispute Resolution) of this Consent Decree. 

51
 
152. Burden of Proof. In any dispute regarding Force Majeure, Dominion shall bear the 

burden of proving that any delay in performance or any other noncompliance with any 

requirement of this Consent Decree was caused by or will be caused by a Force Majeure 

Event. Dominion shall also bear the burden of proving that Dominion gave the notice 

required by this Section and the burden of proving the anticipated duration and extent of 

any delay(s) or noncompliance attributable to a Force Majeure Event. An extension of 

one compliance date based on a particular event may, but will not necessarily, result in an 

extension of a subsequent compliance date. 

153.	 Events Excluded. Unanticipated or increased costs or expenses associated with the 

performance of Dominion’s obligations under this Consent Decree shall not constitute a 

Force Majeure Event. 

154.	 Potential Force Majeure Events. The Parties agree that, depending upon the 

circumstances related to an event and Dominion’s response to such circumstances, the 

kinds of events listed below are among those that could qualify as Force Majeure Events 

within the meaning of this Section: construction, labor, or equipment delays; Malfunction 

of a Unit or emission control device; unanticipated coal supply or pollution control 

reagent delivery interruptions; acts of God; acts of war or terrorism; and orders by a 

government official, government agency, other regulatory authority, or a regional 

transmission organization, acting under and authorized by applicable law, that direct 

Dominion to supply electricity in response to a system-wide (state-wide or regional) 

emergency (which could include unanticipated required operation to avoid loss of load or 

unserved load or to preserve the reliability of the bulk power system). Depending upon 

the circumstances and Dominion’s response to such circumstances, failure of a permitting 

52
 
authority to issue a necessary permit in a timely fashion may constitute a Force Majeure 

Event where the failure of the permitting authority to act is beyond the control of 

Dominion and Dominion has taken all steps available to it to obtain the necessary permit, 

including, but not limited to: 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 exhausting any legal 

rights to appeal terms and conditions imposed by the permitting authority. 

155.	 As part of the resolution of any matter submitted to this Court under Section XVI 

(Dispute Resolution) regarding a claim of Force Majeure, the United States and 

Dominion by agreement, or this Court by order, may in appropriate circumstances extend 

or modify the schedule for completion of work under this Consent Decree to account for 

the delay in the work that occurred as a result of any delay agreed to by the United States 

or approved by the Court. Dominion 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 Dominion shall not be 

precluded from making a further claim of Force Majeure with regard to meeting any such 

extended or modified schedule). 

XVI. DISPUTE RESOLUTION 

156.	 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. 

157.	 The dispute resolution procedure required herein shall be invoked by one Party giving 

written notice to the other Party advising of a dispute pursuant to this Section. The notice 

53
 
shall describe the nature of the 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 fourteen (14) Days following receipt of such notice. 

158.	 Disputes submitted to dispute resolution under this Section shall, in the first instance, be 

the subject of informal negotiations between the Parties. Such period of informal 

negotiations shall not extend beyond thirty (30) Days from the date of the first meeting 

between the Parties’ representatives unless they agree in writing to shorten or extend this 

period. 

159.	 If the Parties are unable to reach agreement during the informal negotiation period, the 

United States shall provide Dominion with a written summary of its position regarding 

the dispute. The written position provided by the United States shall be considered 

binding unless, within forty-five (45) Days thereafter, Dominion seeks judicial resolution 

of the dispute by filing a petition with this Court. The United States may submit a 

response to the petition within forty-five (45) Days of filing. 

160.	 The time periods set out in this Section may be shortened or lengthened upon motion to 

the Court of one of the Parties to the dispute, explaining the Party’s basis for seeking 

such a scheduling modification. 

161.	 This Court shall not draw any inferences nor establish any presumptions adverse to either 

Party as a result of invocation of this Section or the Parties’ inability to reach agreement. 

162.	 As part of the resolution of any dispute under this Section, in appropriate circumstances 

the Parties may agree, or this Court may order, an extension or modification of the 

schedule for the completion of the activities required under this Consent Decree to 

54
 
account for the delay that occurred as a result of dispute resolution. Dominion 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 Dominion shall not be precluded from asserting that a Force Majeure Event 

has caused or may cause a delay in complying with the extended or modified schedule. 

163.	 The Court shall decide all disputes pursuant to applicable principles of law for resolving 

such disputes. In their filings with the Court under Paragraph 159, the Parties shall state 

their respective positions as to the applicable standard of law for resolving the particular 

dispute. 

XVII. PERMITS 

164.	 Unless expressly stated otherwise in this Consent Decree, in any instance where 

otherwise applicable law or this Consent Decree requires Dominion to secure a permit to 

authorize construction or operation of any device, including all preconstruction, 

construction, and operating permits required under applicable state law, Dominion shall 

make such application in a timely manner. EPA shall use best efforts to review 

expeditiously, to the extent applicable, all permit applications submitted by Dominion to 

meet the requirements of this Consent Decree. 

165.	 Notwithstanding Paragraph 164, nothing in this Consent Decree shall be construed to 

require Dominion to apply for or obtain a PSD or Nonattainment NSR permit for physical 

changes in, or changes in the method of operation of, any Dominion System Unit that 

would give rise to claims resolved by Section XI (Resolution of Claims Against 

Dominion) of this Consent Decree. 

55
 
166. When permits are required, Dominion shall complete and submit applications for such 

permits to the applicable state agency to allow sufficient time for all legally required 

processing and review of the permit request, including requests for additional information 

by the applicable state agency. Any failure by Dominion to submit a timely permit 

application for Dominion System Units shall bar any use by Dominion of Section XV 

(Force Majeure) of this Consent Decree, where a Force Majeure claim is based on 

permitting delays. 

167.	 Notwithstanding the reference to Title V Permits in this Consent Decree, the enforcement 

of such permits shall be in accordance with their own terms and the Act and its 

implementing regulations. The Title V Permits shall not be 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 of whether such term has or 

will become part of a Title V Permit, subject to the terms of Section XXVII (Conditional 

Termination of Enforcement Under Decree) of this Consent Decree. 

168.	 Within one hundred eighty (180) Days after the Date of Entry of this Consent Decree, 

Dominion shall modify any applicable Title V Permit application(s), or apply for 

modifications of its Title V Permits, to include a schedule for all Unit-specific, plantspecific, and system-specific performance, operational, maintenance, and control 

technology requirements established by this Consent Decree including, but not limited to, 

(a) Emission Rates, (b) Plant-Wide Annual Tonnage Limitations, (c) the requirements 

pertaining to the Surrender of SO2 and NOx Allowances, and (d) the requirements 

pertaining to Retirement of State Line. 

56
 
169. Within one (1) year from the Date of Entry of this Consent Decree, Dominion shall either 

apply 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 

amendment to the applicable SIP to include the requirements and limitations enumerated 

in this Consent Decree. The federally enforceable permit or SIP amendment shall require 

compliance with all Unit-specific, plant-specific, and system-specific performance, 

operational, maintenance, and control technology requirements established by this 

Consent Decree including, but not limited to, (a) Emission Rates, (b) Plant-Wide Annual 

Tonnage Limitations, (c) the requirements pertaining to the Surrender of SO2 and NOx 

Allowances, and (d) the requirements pertaining to Retirement of State Line. 

170.	 As soon as practicable, but in no event later than one hundred eighty (180) Days after the 

issuance of the permit or SIP amendment required by Paragraph 169, Dominion shall file 

a complete application to the appropriate permitting authority to incorporate the 

requirements of the permit or SIP amendment into the Title V operating permit for each 

plant. 

171. Dominion shall provide the United States with a copy of each application for a federally 

enforceable permit or SIP amendment, as well as a copy of any permit proposed as a 

result of such application, to allow for timely participation in any public comment 

opportunity. 

172.	 Prior to conditional termination of enforcement through this Consent Decree, Dominion 

shall obtain enforceable provisions in its Title V permits that incorporate all Unitspecific, plant-specific, and system-specific performance, operational, maintenance, and 

control technology requirements established by this Consent Decree including, but not 

57
 
limited to, (a) Emission Rates, (b) Plant-Wide Annual Tonnage Limitations, and (c) the 

requirements pertaining to the Surrender of SO2 and NOx Allowances. 

173.	 If Dominion proposes to sell or transfer to an entity unrelated to Dominion (“Third Party 

Purchaser”) part or all of its Operational or Ownership Interest covered under this 

Consent Decree, Dominion shall comply with the requirements of Section XX (Sales or 

Transfers of Operational or Ownership Interests) of this Consent Decree with regard to 

that Operational or Ownership Interest prior to any such sale or transfer. 

XVIII. INFORMATION COLLECTION AND RETENTION 

174.	 Any authorized representative of the United States, including its attorneys, contractors, 

and consultants, upon presentation of credentials, shall have a right of entry upon the 

premises of an Dominion System Unit at any reasonable time for the purpose of: 

a. monitoring the progress of activities required under this Consent Decree; 

b. verifying any data or information submitted to the United States in 

accordance with the terms of this Consent Decree; 

c. obtaining samples and, upon request, splits of any samples taken by 

Dominion or its representatives, contractors, or consultants; and 

d. assessing Dominion’s compliance with this Consent Decree. 

175.	 Dominion shall retain, and instruct its contractors and agents to preserve, all non-identical 

copies of all records and documents (including records and documents in electronic form) 

that are now in its or its contractors’ or agents’ possession or control, and that directly 

relate to Dominion’s performance of its obligations under this Consent Decree for the 

following periods: (a) until December 31, 2023 for records concerning physical or 

operational changes undertaken in accordance with Section IV (NOx Emission 

58
 
Reductions and Controls), Section V (SO2 Emission Reductions and Controls), and 

Section VI (PM Emission Reductions and Controls); and (b) until December 31, 2019 for 

all other records. This record retention requirement shall apply regardless of any 

corporate document retention policy to the contrary. 

176.	 All information and documents submitted by Dominion pursuant to this Consent Decree 

shall be subject to any requests under applicable law providing public disclosure of 

documents unless (a) the information and documents are subject to legal privileges or 

protection, or (b) Dominion claims and substantiates in accordance with 40 C.F.R. Part 2 

that the information and documents contain confidential business information. 

177.	 Nothing in this Consent Decree shall limit the authority of EPA to conduct tests and 

inspections at Dominion’s facilities under Section 114 of the Act, 42 U.S.C. § 7414, or 

any other applicable federal laws, regulations, or permits. 

XIX. NOTICES 

178.	 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 of America: 

(if by mail service)
 

Chief, Environmental Enforcement Section 

Environment and Natural Resources Division 

U.S. Department of Justice 

P.O. Box 7611, Ben Franklin Station 

Washington, DC 20044-7611 

DJ# 90-5-2-1-09860 

(if by commercial delivery service) 

Chief, Environmental Enforcement Section
 

Environment and Natural Resources Division 

U.S. Department of Justice 

59
 
 

 

 

ENRD Mailroom, Room 2121 

601 D Street, NW 

Washington, DC 20004 

DJ# 90-5-2-1-09860 

and 

(if by 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 

(if by commercial delivery service) 

Director, Air Enforcement Division 

Office of Enforcement and Compliance Assurance 

U.S. Environmental Protection Agency 

Ariel Rios South Building, Room 1119 

1200 Pennsylvania Avenue, NW 

Washington, DC 20004 

and 

(by mail or commercial delivery service) 

Director, Air Division 

U.S. Environmental Protection Agency, Region 5 

77 W. Jackson Blvd. (AE-17J) 

Chicago, IL 60604 

and 

(by mail or commercial delivery service) 

Director, Office of Environmental Stewardship 

U.S. Environmental Protection Agency, Region 1 

Mail Code OES04-5 

5 Post Office Square, Suite 100 

Boston, MA 02190-3912 

60
 
As to DOMINION: 

Senior Vice President – Fossil and Hydro 

Dominion Energy – Dominion Generation 

5000 Dominion Boulevard 

Glen Allen, VA 23060 

179. 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, or (b) certified or registered mail, return receipt requested. All notifications, 

communications, and transmissions sent by overnight, certified, or registered mail shall 

be deemed submitted on the date they are postmarked, or, if sent by overnight delivery 

service, they shall be deemed submitted on the date they are delivered to the delivery 

service. 

180.	 Either Party may change either the notice recipient or the address for providing notices to 

it by serving the other Party with a notice setting forth such new notice recipient or 

address. 

XX. SALES OR TRANSFERS OF OPERATIONAL OR OWNERSHIP 

INTERESTS 

181.	 If Dominion proposes to sell or transfer an Operational or Ownership Interest in Kincaid 

or Brayton Point to an entity unrelated to Dominion (a “Third Party Purchaser”), 

Dominion shall advise the Third Party Purchaser in writing of the existence of this 

Consent Decree prior to such sale or transfer, and shall send a copy of such written 

notification to the United States pursuant to Section XIX (Notices) of this Consent 

Decree at least sixty (60) Days before such proposed sale or transfer. 

182.	 No sale or transfer of an Operational or Ownership Interest, whether in compliance with 

the procedures of this Section or otherwise, shall relieve Dominion of its obligation to 

61
 
ensure that the terms of this Consent Decree are implemented, unless (1) the proposed 

transferee agrees to undertake all of the obligations required by this Consent Decree that 

may be applicable to the transferred or purchased Operational or Ownership Interests, 

and to be substituted for Dominion as a Party under the Decree pursuant to Section XXIII 

(Modification) and thus be bound by the terms thereof, and (2) the United States consents 

to relieve Dominion of its obligations. The United States may refuse to approve the 

substitution of the proposed transferee for Dominion if it determines that the proposed 

transferee does not possess the requisite technical abilities or financial means to comply 

with the Consent Decree. Dominion shall provide the United States with a copy of any 

proposed written agreement transferring an Operation or Ownership Interest at least 30 

Days prior to such transfer, in accordance with Section XIX (Notices). The United States 

shall inform Dominion if it does not consent to relieve Dominion of its obligations within 

thirty (30) Days of receipt of such proposed written agreement. 

183.	 This Consent Decree shall not be construed to impede the transfer of any Operational or 

Ownership Interests between Dominion and any Third Party Purchaser so long as the 

requirements of this Consent Decree are met. Any transfer of ownership or operation of 

Kincaid or Brayton Point without complying with this Section constitutes a violation of 

this Consent Decree. 

184.	 Dominion 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 Projects) and X (Civil Penalty). 

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185. Paragraphs 182 through 184 of this Consent Decree do not apply if an Operational or 

Ownership Interest is sold or transferred solely as collateral security in order to 

consummate a financing arrangement (not including a sale-leaseback), so long as 

Dominion: (a) remains the operator (as that term is used and interpreted under the Clean 

Air Act) of the subject Unit(s); (b) remains subject to and liable for all obligations and 

liabilities of this Consent Decree; and (c) supplies Plaintiff with the following 

certification within thirty (30) Days of the sale or transfer: 

“Certification of Change in Ownership Interest Solely for Purpose of Consummating 

Financing. We, the Chief Executive Officer and General Counsel of Dominion Energy, 

Inc. (“Dominion”), hereby jointly certify under Title 18 U.S.C. Section 1001, on our own 

behalf and on behalf of Dominion, that any change in Dominion’s Ownership Interest in 

any Unit that is caused by the sale or transfer as collateral security of such Ownership 

Interest in such Unit(s) pursuant to the financing agreement consummated on [insert 

applicable date] between Dominion and [insert applicable entity]: a) is made solely for 

the purpose of providing collateral security in order to consummate a financing 

arrangement; b) does not impair Dominion’s ability, legally or otherwise, to comply 

timely with all terms and provisions of the Consent Decree entered in United States v. 

Dominion Energy, Inc., et al., Civil Action______; c) does not affect Dominion’s 

operational control of any Unit covered by that Consent Decree in a manner that is 

inconsistent with Dominion’s performance of its obligations under the Consent Decree; 

and d) in no way affects the status of Dominion’s obligations or liabilities under that 

Consent Decree.” 

XXI. EFFECTIVE DATE 

186. The effective date of this Consent Decree shall be the Date of Entry. 

XXII. RETENTION OF JURISDICTION 

187. The Court shall retain jurisdiction of this case after entry of this Consent Decree to 

enforce compliance with the terms and conditions of this Consent Decree and to take any 

action necessary or appropriate for the interpretation, construction, execution, or 

modification of the Consent Decree, or for adjudication of disputes. During the term of 

63
 
this Consent Decree, any Party to this Consent Decree may apply to the Court for any 

relief necessary to construe or effectuate this Consent Decree. 

XXIII. MODIFICATION 

188.	 The terms of this Consent Decree may be modified only by a subsequent written 

agreement signed by the Parties. Where the modification constitutes a material change to 

any term of this Consent Decree, it shall be effective only upon approval by the Court. 

XXIV. GENERAL PROVISIONS 

189.	 When this Consent Decree specifies that Dominion 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 of such specified date (e.g., December 30) shall be 

determined based on data from the 29 prior Unit Operating Days (e.g., December 1-29). 

190.	 When this Consent Decree specifies that Dominion shall achieve and maintain a 12-

Month Rolling Average Emission Rate, then the Month Containing that Day if that Day 

is the first Day of the Month, or if that Day is not the first Day of the Month then the next 

complete Month, shall be the first Month subject to the specified 12-Month limitation. 

For example, if the specified 12-Month Rolling Average Emission Rate is to be achieved 

starting December 31, 2012, then January 2013 is the first Month included in the first 

applicable 12-Month Rolling Average Emission Rate, such that the first complete 12-

Month Rolling Average Emission Rate period would include January 2013 through 

December 2013. 

191.	 This Consent Decree is not a permit. Compliance with the terms of this Consent Decree 

does not guarantee compliance with all applicable federal, state, or local laws or 

64
 
regulations. The emission rates and removal efficiencies set forth herein do not relieve 

Dominion from any obligation to comply with other state and federal requirements under 

the Clean Air Act, including Dominion’s obligation to satisfy any state modeling 

requirements set forth in the applicable SIP. 

192.	 This Consent Decree does not apply to any claim(s) of alleged criminal liability. 

193.	 In any subsequent administrative or judicial action initiated by the United States for 

injunctive relief or civil penalties relating to any of the facilities in the Dominion System 

as covered by this Consent Decree, Dominion shall not assert any defense or claim based 

upon principles of waiver, res judicata, 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 of Section XI (Resolution of Claims Against Dominion). 

194.	 Nothing in this Consent Decree shall relieve Dominion of its obligation to comply with 

all applicable federal, state, and local laws and regulations, including, but not limited to, 

the Clean Water Act and 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), and Standards of Performance for 

Fossil-Fuel-Fired Electric Utility, Industrial-commercial-Institutional, and Small 

Industrial Commercial-Institutional Steam Generating Units (Utility NSPS). Nothing in 

this Consent Decree shall be construed to provide any relief from the emission limits or 

deadlines for the installation of pollution controls or the implementation of other 

65
 
pollution control-related measures specified in these regulations, nor shall this Decree be 

construed as a pre-determination of eligibility for the one year extension that may be 

provided under 42 U.S.C. § 7412(i)(3)(B). 

195.	 Subject to the provisions in Section XI (Resolution of Claims Against Dominion), 

nothing contained in this Consent Decree shall be construed to prevent or limit the rights 

of the United States to obtain penalties or injunctive relief under the Act or other federal, 

state, or local statutes, regulations, or permits. 

196.	 Each limit and/or other requirement established by or under this Consent Decree is a 

separate, independent requirement. 

197.	 Performance standards, emissions limits, and other quantitative standards set by or under 

this Consent Decree must be met to the number of significant digits in which the standard 

or limit is expressed. For example, an Emission Rate of 0.100 is not met if the actual 

Emission Rate is 0.101. Dominion 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, if an actual Emission Rate is 0.1004, that shall be reported as 0.100, and shall 

be in compliance with an Emission Rate of 0.100, and if an actual Emission Rate is 

0.1005, that shall be reported as 0.101, and shall not be in compliance with an Emission 

Rate of 0.100. Dominion shall report data to the number of significant digits in which the 

standard or limit is expressed. 

198.	 This Consent Decree does not limit, enlarge, or affect the rights of any Party to this 

Consent Decree as against any third parties. 

66
 
199. This Consent Decree constitutes the final, complete, and exclusive agreement and 

understanding among the Parties with respect to the settlement embodied in this Consent 

Decree, and supersedes all prior agreements and understandings among the Parties related 

to the subject matter herein. No document, representation, inducement, agreement, 

understanding, or promise constitutes any part of this Consent Decree or the settlement it 

represents, nor shall they be used in construing the terms of this Consent Decree. 

200.	 Each Party to this action shall bear its own costs and attorneys’ fees, except that the 

United States shall be entitled to collect the costs (including attorneys’ fees) incurred in 

any action necessary to collect any portion of the civil penalty or any stipulated penalties 

due but not paid by Dominion. 

XXV. SIGNATORIES AND SERVICE 

201.	 Each undersigned representative of Dominion, and the Assistant Attorney General for the 

Environment and Natural Resources Division of the United States Department of Justice, 

certifies that he or she is fully authorized to enter into the terms and conditions of this 

Consent Decree and to execute and legally bind to this document the Party he or she 

represents. 

202.	 This Consent Decree may be signed in counterparts, and such counterpart signature pages 

shall be given full force and effect. 

203.	 Each Party hereby agrees to accept service of process 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 of the Federal Rules of Civil Procedure and any 

applicable Local Rules of this Court including, but not limited to, service of a summons. 

67
 
204. Unless otherwise ordered by the Court, the United States agrees that Dominion will not 

be required to file any answer or other pleading responsive to the Complaint in this 

matter until and unless the Court expressly declines to enter this Consent Decree, in 

which case Dominion shall have no less than thirty (30) Days after receiving notice of 

such express declination to file an answer or other pleading in response to the Complaint. 

XXVI. PUBLIC COMMENT 

205.	 The Parties agree and acknowledge that final approval by the United States and entry of 

this Consent Decree is subject to the procedures of 28 C.F.R. § 50.7, which provides for 

notice of the lodging of this Consent Decree in the Federal Register, an opportunity for 

public comment, and the right of the United States to withdraw or withhold consent if the 

comments disclose facts or considerations which indicate that this Consent Decree is 

inappropriate, improper, or inadequate. Dominion shall not oppose entry of this Consent 

Decree by this Court or challenge any provision of this Consent Decree unless the United 

States has notified Dominion, in writing, that the United States no longer supports entry 

of this Consent Decree. 

XXVII. CONDITIONAL TERMINATION OF ENFORCEMENT UNDER
 

DECREE
 

206.	 Termination as to Completed Tasks. As soon as Dominion completes a construction 

project or any other requirement of this Consent Decree that is not ongoing or recurring, 

Dominion may, by motion to this Court, seek termination of the provision or provisions 

of this Consent Decree that imposed the requirement. 

207.	 Conditional Termination of Enforcement Through this Consent Decree. Subject to the 

provisions of Paragraph 208, after Dominion: 

68
 
a. has successfully completed construction, and has maintained operation, of 

all pollution controls as required by this Consent Decree for a period of two (2) 

years, and has successfully completed all actions necessary to Retire State Line; 

and 

b. has obtained all the final permits and/or site-specific SIP amendments (1) 

as required by Section XVII (Permits) of this Consent Decree, and (2) that include 

as federally enforceable permit terms, all Unit-specific, plant-specific, and 

system-specific performance, operational, maintenance, and control technology 

requirements established by this Consent Decree; 

then Dominion may so certify these facts to the United States and this Court. If the 

United States does not object in writing with specific reasons within sixty (60) Days of 

receipt of Dominion’s certification, then, for any violations of this Consent Decree that 

occur after the filing of notice, the United States shall pursue enforcement of the 

requirements through the applicable permits and/or other enforcement authorities and not 

through this Consent Decree. 

208.	 Resort to Enforcement Under this Consent Decree. Notwithstanding Paragraph 207, if 

enforcement of a provision in this Consent Decree cannot be pursued by the United States 

under the applicable permit(s) issued pursuant to the Clean Air Act or its implementing 

regulations (“CAA Permit”), or if a Consent Decree requirement was intended to be part 

of a CAA Permit and did not become or remain part of such permit, then such 

requirement may be enforced under the terms of this Consent Decree at any time. 

69
 
XXVIII. FINAL JUDGMENT
 

209. Upon approval and entry of this Consent Decree by the Court, this Consent Decree shall 

constitute a final judgment between the Parties. 

70
 
 

 

 

 

 

 

 

Signature Page for United States of America v. Dominion Energy, Inc. et al. Consent Decree 

FOR THE UNITED STATES DEPARTMENT OF JUSTICE 

 Respectfully submitted, 

s/ Ignacia S. Moreno__________________ 

 IGNACIA S. MORENO 

 Assistant Attorney General

 Environment & Natural Resources Division 

s/ Jason A. Dunn______________________ 

 JASON A. DUNN 

 Senior Attorney

 Environmental Enforcement Section 

 Environment & Natural Resources Division 

U.S. Department of Justice 

P.O. Box 7611 

 Washington, D.C. 20044-7611 

 Phone: (202) 514-1111 

 Facsimile: (202) 616-6583 

Jason.Dunn@usdoj.gov 

71
 
 

 

 

 

Signature Page for United States of America v Dominion Energy, Inc. et al. Consent Decree 

FOR THE UNITED STATES DEPARTMENT OF JUSTICE 

 Respectfully submitted, 

 JAMES A. LEWIS

 United States Attorney

 By: s/ Gerard A. Brost 	 ___________

 Gerard A. Brost, IL Bar 3125997 

 Assistant United States Attorney

 One Technology Plaza 

 211 Fulton St., Ste. 400 

 Peoria, Illinois 61602 

 Telephone: 309 / 671-7050 

 Email: Gerard.brost@usdoj.gov 

72
 
 

 

 

 

 

 

 

 

Signature Page for United States of America v. Dominion Energy, Inc. et al. Consent Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

 Respectfully submitted, 

s/ Cynthia Giles______________________ 

 CYNTHIA GILES

 Assistant Administrator 

 Office of Enforcement and 

Compliance Assurance 

 United States Environmental 

Protection Agency 

s/ Phillip A. Brooks___________________ 

 PHILLIP A. BROOKS

 Director, Air Enforcement Division

 United States Environmental 

Protection Agency 

s/ Seema Kakade______________________ 

 SEEMA KAKADE

 Attorney-Advisor 

United States Environmental 

Protection Agency 

 1200 Pennsylvania Ave, N.W. (2242A) 

 Washington, DC 20460 

73
 
 

 

 

 

Signature Page for United States of America v. Dominion Energy, Inc. et al. Consent Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

 Respectfully submitted, 

s/ Susan Hedman___________________ 

 SUSAN HEDMAN 

 Regional Administrator 

 United States Environmental 

Protection Agency, Region 5 

s/ Nicole Wood-Chi_________________ 

 NICOLE WOOD-CHI 

 Associate Regional Counsel 

 United States Environmental 

Protection Agency, Region 5 

 77 W. Jackson Blvd. (C-14J) 

 Chicago, IL 60604 

74
 
 

 

 

 

 

 

 

 

 

 

 

 

Signature Page for United States of America v. Dominion Energy, Inc. et al. Consent Decree 

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

 Respectfully submitted, 

s/ Curt Spalding__________________ 

 CURT SPALDING

 Regional Administrator 

 United States Environmental 

Protection Agency, Region 1 

s/ Susan Studlein__________________ 

 SUSAN STUDLIEN 

 Director, Office of Environmental Stewardship 

 United States Environmental 

Protection Agency, Region 1 

s/ Steven Viggiani_________________ 

 STEVEN VIGGIANI

 Senior Enforcement Counsel 

 United States Environmental 

Protection Agency, Region 1 

 Mail Code OES04-3 

5 Post Office Square, Suite 100 

 Boston, MA 02109-3912 

75
 
 

 

Signature Page for United States of America v. Dominion Energy, Inc. et al. Consent Decree 

FOR DOMINION ENERGY, INC., DOMINION ENERGY BRAYTON POINT, LLC, AND 

KINCAID GENERATION, LLC

 Respectfully submitted, 

 By: s/ J. David Rives__________________________ 

J. DAVID RIVES 

Senior Vice President – Fossil & Hydro 

 Dominion Energy, Inc. 

76
 
 

 

APPENDIX A 

ENVIRONMENTAL MITIGATION PROJECTS 

Dominion shall spend $9,750,000, and shall comply with the requirements of this 

Appendix and with Section IX of this Consent Decree (Environmental Mitigation Projects) to 

implement and secure the environmental benefits of the Environmental Mitigation Projects 

described below. 

I.	 Forest Service/Park Service Mitigation 

A.	 Within forty-five (45) days from the Date of Entry, Dominion shall pay to the 

United States Forest Service the sum of $250,000 to be used in accordance with 

16 U.S.C. § 579c, for the improvement, protection, or rehabilitation of lands 

under the administration of the Forest Service. The Project(s) shall focus on one 

or more areas alleged by Plaintiffs to have been injured by emissions from 

Dominion System plants, including but not limited to the Shawnee National 

Forest and the Midewin National Tallgrass Prairie. 

B.	 Within forty-five (45) days from the Date of Entry, Dominion shall pay to the 

National Park Service the sum of $500,000 to be used in accordance with the Park 

System Resource Protection Act, 16 U.S.C. § 19jj, for the restoration of land, 

watersheds, vegetation, and forests using techniques designed to improve 

ecosystem health and mitigate harmful effects from air pollution. The Project(s) 

shall focus on one or more areas alleged by Plaintiffs to have been injured by 

emissions from Dominion System plants, including but not limited to the Cape 

Cod National Seashore, Indiana Dunes National Lakeshore, and the Boston 

Harbor Islands National Recreation Area. 

C.	 Payment of the amounts specified in the preceding paragraphs shall be made to 

the Forest Service and Park Service pursuant to payment instructions provided to 

Dominion before or after the Date of Lodging. Notwithstanding Section I.A of 

this Appendix, payment of funds by Dominion is not due until ten (10) days after 

receipt of payment instructions, or forty-five (45) days after the Date of Entry, 

whichever is later. 

D.	 Upon payment of the amount specified in Section I.A of this Appendix, Dominion 

shall have no further responsibilities regarding the implementation of any Projects 

selected by the Forest Service or Park Service in connection with this provision of 

the Consent Decree. 

1 
II.	 Overall Schedule and Budget for Additional Environmental Mitigation Projects 

A.	 Within one hundred twenty (120) days of the Date of Entry, unless otherwise 

specified by this Appendix, Dominion shall submit proposed plans (“Project 

Plans”) to EPA for review and approval pursuant to Section XIII of the Consent 

Decree (Review and Approval of Submittals) for spending $9,000,000 in Project 

Dollars for the Projects listed in Sections III through XI below in accordance with 

the deadlines established in this Appendix. Dominion shall ensure that 

$3,625,000 is spent in Massachusetts, Rhode Island and Connecticut, and 

$5,375,000 is spent in Illinois and Indiana. EPA reserves the right to disapprove 

any project after an analysis of its Project Plan and potential environmental 

impacts. 

B.	 Dominion may, at its election, consolidate the Project Plans required by this 

Appendix into one or more Project Plans. 

C.	 Unless otherwise specified by this Appendix, Dominion may, at its election, 

spread its payments for Environmental Mitigation Projects over the five-year 

period commencing upon the Date of Entry. Dominion may also accelerate its 

payments to better effectuate a proposed mitigation plan, but Dominion shall not 

be entitled to any reduction in the nominal amount of the required payments by 

virtue of the early expenditures. Any funds designated for a specific Project that 

are left unspent, or are projected to be left unspent, at the Project’s completion 

may be redirected by Dominion, after consultation with and approval by EPA, to 

one or more of the Projects listed in Sections III-XI below. Unspent funds for 

New England projects shall be redirected to other New England projects; unspent 

funds for Midwestern projects, to other Midwestern projects. 

D.	 All proposed Project Plans shall include the following: 

1.	 A plan for implementing the Project. 

2.	 A summary-level budget for the Project. 

3.	 A time line for implementation of the Project. 

4.	 A description of the anticipated environmental benefits of the Project 

including an estimate of emission reductions (e.g., SO2, NOx, PM, 

mercury, CO2) expected to be realized. 

E. Upon approval by EPA of the plan(s) required by this Appendix, Dominion shall 

complete the approved Projects according to the approved plan(s). Nothing in 

this Consent Decree shall be interpreted to prohibit Dominion or any third party 

from completing the Projects ahead of schedule. 

F. Commencing with its first progress report due pursuant to Section XII 

(Periodic Reporting) of the Consent Decree, and continuing annually thereafter 

2 
until completion of the Projects, Dominion will include in the progress report 

information describing the progress of each Project and the Project Dollars 

expended on each Project to date. 

G. In accordance with the requirements of Paragraph 117, within sixty (60) days 

following the completion of each Project, Dominion shall submit to the United 

States for approval, a report that documents: 

1.	 The date the Project was completed. 

2.	 The results of implementation of the Project, including the estimated 

emission reductions or other environmental benefits achieved. 

3.	 The Project Dollars incurred by Dominion in implementing the Project. 

H. If EPA concludes based on the project completion report or subsequent 

information provided by Dominion that a Project has been performed and 

completed in accordance with the Consent Decree, then EPA will approve 

completion of the Project for purposes of the Consent Decree. Nothing in this 

Consent Decree or Appendix shall be construed to require Dominion to spend 

more than the amounts set forth in Paragraph 109 of the Consent Decree and in 

Sections I and II.A of this Appendix on Environmental Mitigation Projects, 

provided that the amounts expended by Dominion and any third party are spent in 

compliance with all requirements of the Consent Decree and this Appendix. 

I.	 The Parties recognize that implementation of the Projects in this Appendix may 

require action by third parties, such as non-profit organizations (e.g., Projects in 

Sections III and IV), other non-government entities (e.g., Project in Section V), 

and state or local government entities (e.g., Projects in Sections VII and IX to XI). 

If Dominion is unable to complete an approved Project in accordance with this 

Appendix and the approved Project Plan due to such third-party’s failure to fulfill 

its obligations under the Plan, and that failure is not caused by Dominion and is 

beyond the control of Dominion despite Dominion’s best efforts to fulfill its 

obligations regarding the Project as set out in the Consent Decree, this Appendix, 

and any approved Project Plan, then EPA and Dominion may agree to (1) allow 

Dominion and the third party(ies) to amend the Project Plan as appropriate to 

successfully complete the Project, or (2) cancel the Project and redirect any 

unspent funds for the Project to one or more of the Projects listed in Sections IIIXI below. Unspent funds for New England projects shall be redirected to other 

New England projects; unspent funds for Midwestern projects, to other 

Midwestern projects. 

3 
 

III.	 New England Wood Stove Changeout Project 

A.	 Consistent with the requirements of Section II of this Appendix, Dominion shall 

propose a plan to sponsor a wood-burning appliance changeout and retrofit 

project (“Wood Stove Changeout Project” or “WSC Project”) that shall be 

implemented by one or more state, local or tribal air pollution control agencies, or 

by one or more third-party non-profit organizations or entities, in areas that would 

benefit from reductions of fine particle pollution and hazardous air pollutants. 

The air pollutant reductions shall be obtained by replacing, retrofitting or 

upgrading inefficient, higher polluting wood-burning appliances (e.g., outdoor 

boilers and stoves) with cleaner burning appliances and technologies, such as: (1) 

retrofitting older hydronic heaters (aka outdoor wood boilers) to meet EPA Phase 

II hydronic heater standards; (2) replacing older hydronic heaters with EPA Phase 

II hydronic heaters, or with EPA-certified wood stoves, other cleaner burning, 

more energy efficient hearth appliances (e.g., wood pellet, gas or propane 

appliances), or EPA Energy Star qualified heating appliances; (3) replacing non 

EPA-certified wood stoves with EPA-certified wood stoves or cleaner burning, 

more energy-efficient hearth appliances; and (4) replacing spent catalysts in EPAcertified wood stoves. To qualify for replacement, retrofitting or upgrading, the 

older wood-burning appliance must currently be used as a source of residential 

heat. 

B.	 Dominion shall spend a maximum of $2,025,000 in Project Dollars to implement 

the WSC Project, and shall complete it not later than four years after the Date of 

Entry, except that Dominion may request an extension of time to complete the 

project if it appears likely that all Project Dollars will not be spent within such 

four year period despite Dominion’s best efforts to implement the WSC Project. 

C.	 Dominion shall sponsor the implementation of the WSC Project in Bristol, 

Plymouth and Norfolk Counties in Massachusetts, in Bristol, Newport, 

Providence, Kent and Washington Counties in Rhode Island, and in New London 

and Windham Counties in Connecticut. If two years after the Date of Entry it 

appears that the full amount of Project Dollars allocated for the Project will not be 

spent within four years after the Date of Entry, Dominion may, in consultation 

with its implementation partner(s) and with EPA, and in accordance with the 

other requirements of this Appendix, expand the implementation area to other 

counties in Eastern Massachusetts. In determining the specific areas to implement 

this project within the aforementioned geographic areas, Dominion shall give 

priority to: (1) areas with high amounts of air pollution, especially particle 

pollution and hazardous air pollutants; (2) areas located within a geography and 

topography that make them susceptible to high levels of particle pollution; (3) 

areas that have a significant number of older hydronic heaters and non EPAcertified wood stoves; and (4) areas with dense residential populations. 

4 
 

 

D.	 Dominion and the air pollution control agency(ies) or non-profit organization(s) 

that will implement the WSC Project shall consult with EPA’s Residential Wood 

Smoke Reduction Team and shall implement the WSC Project consistent with the 

materials available on EPA’s Burn Wise website at http://www.epa.gov/burnwise. 

E.	 Dominion shall limit the use of Project Dollars for administrative costs associated 

with implementation of the WSC Project to no greater than 10% of the Project 

Dollars that Dominion provides to a specific air pollution control agency or nonprofit organization. If, after two years after the Date of Entry, significant 

additional administrative costs (e.g., additional advertising or outreach costs), not 

contemplated at the WSC Project’s inception, will be required to fully implement 

the Project within the time frames set forth in this Section, the air pollution 

control agency or non-profit organization(s) administering the Project may 

request that Dominion allow the use of additional Project Dollars for such costs, 

and Dominion may, after consultation with EPA, allow for no more than an 

additional 2% of Project Dollars to be applied to them. 

F.	 The WSC Project shall provide incentives for the older wood-burning appliance 

replacements, retrofits and upgrades described above in this Section through 

rebates, vouchers and/or discounts. The WSC Project shall provide for the 

issuance of rebates, vouchers and/or discounts to residential homeowners in 

amounts ranging from $2,000 to $5,000 for replacing or retrofitting older 

hydronic heaters, $1,000 to $2,000 for each replacement wood stove or hearth 

appliance, and $100 to $300 for replacement catalyst. The WSC Project may also 

provide rebates or vouchers for the full cost of replacing older hydronic heaters 

and non EPA-certified wood stoves for income-qualified residential homeowners, 

if such full cost rebates or vouchers are included and approved in the Plan in 

accordance with the requirements of Section H.5 below. 

G.	 The WSC Project shall provide educational information and outreach regarding 

the energy efficiency, health and safety benefits of cleaner-burning alternatives to 

older hydronic heaters and non EPA-certified wood stoves, and the proper 

operation of wood-burning heaters, stoves and hearth appliances. Particular 

emphasis shall be given to the importance of burning dry seasoned wood and the 

use of moisture meters to test firewood moisture levels. 

H.	 The WSC Project Plan proposed by Dominion shall: 

1.	 Identify the air pollution control agency(ies) or non-profit organization(s) 

that have agreed to implement the WSC Project. 

2.	 Describe the schedule and the budgetary increments in which Dominion 

shall provide the necessary funding to the air pollution control agency(ies) 

or non-profit organization(s) to implement the WSC Project. 

5 
 

 

 

3.	 Describe all of the elements of the WSC Project that the air pollution 

control agency(ies) and/or non-profit(s) will implement. 

4.	 Include measures to ensure that the air pollution control agency(ies), or 

non-profit organization(s), that are acting on Dominion’s behalf shall 

implement the WSC Project in accordance with the requirements of this 

Appendix, and that the Project Dollars will be used to support the actual 

replacement, retrofitting, and/or upgrading of wood-burning stoves and 

boilers currently used as a source of residential heat. 

5.	 If the plan proposes to provide rebates or vouchers for the full cost of 

replacing older hydronic heaters or non EPA-certified wood stoves for 

income-qualified residential homeowners, describe and estimate the 

number of energy efficient appliances it intends to make available, the cost 

per unit, and the criteria the air pollution control agency(ies) or nonprofit 

organization(s) will use to determine which residential homeowners 

should be eligible for such full cost replacement. If applicable, identify 

any organizations or entities with which the air pollution control 

agency(ies) or non-profit organization(s) will partner to implement the 

WSC Project, including wood-burning appliance trade associations, 

national or local health organizations, facilities that will dispose of the 

older wood-burning appliances so that they cannot be resold or reused, 

individual wood stove retailers, propane dealers, housing assistance 

agencies, local fire departments, and local green energy organizations. 

6.	 Describe how the air pollution control agency(ies) or non-profit 

organization(s) will ensure that the older, inefficient, higher polluting 

wood-burning appliances that are replaced under the WSC Project will be 

properly recycled or disposed. 

7.	 Describe how the air pollution control agency(ies) or non-profit 

organization(s) will conduct outreach in the Massachusetts, Rhode Island, 

and Connecticut counties within the geographic area of the WSC Project. 

IV.	 Illinois and Indiana Wood Stove Changeout Project 

A. The Illinois and Indiana WSC Project shall be planned and implemented in 

 accordance with the requirements for the WSC Project set out in Section III 

above, except where local circumstances make such requirements inapplicable. 

B. Dominion shall spend $525,000 in Project Dollars to implement the Illinois and 

Indiana WSC Project, and shall sponsor the implementation of the Project in 

Christian County in Illinois, Lake County in Indiana, and any adjacent counties 

 thereto in Illinois and Indiana. 

6 
V.	 Switcher Locomotive Idle Reduction Project 

A.	 Consistent with the requirements of Section II of this Appendix, Dominion shall 

spend $400,000 in Project Dollars to outfit switcher locomotives with equipment 

necessary to enable use of a layover heating system and for installation of the 

layover system infrastructure at some or all of Norfolk Southern Railway 

Company’s (“NSRC”) Calumet (Stony Island Ave. and East 103rd St.), Park 

Manor (East 63rd St.), 47th Street (between W 47th St and W. Garfield Blvd.), 

Landers (West Columbus Ave. and West 79th St.), and Ashland (South Ashland 

Ave and Pershing Rd.) Yards, all of which are located in Chicago, Illinois; and 

Colehour (parallel to South Indianapolis Ave.) Yard, located in both Chicago and 

Whiting, Indiana (“Rail Yards”). These Rail Yards are a significant 

transportation and railroad hub located in a potential environmental justice area 

on the south side of Chicago. Chicago is currently located in an area designated 

as non-attainment with the National Ambient Air Quality Standards (“NAAQS”) 

for ozone (smog), fine particulate matter, and lead. 

B.	 Project Scope: The switching locomotive project at NSRC’s Rail Yards will 

include the installation of the infrastructure necessary to support locomotive 

layover heating systems, and the installation of layover heating systems on an 

estimated twelve existing locomotives. Due to the nature of rail yard operations, 

a switching locomotive spends a considerable amount of time idling, sometimes 

totaling up to eight to twelve hours within a day, depending on operational needs 

and weather conditions. Traditional switching locomotives do not use antifreeze, 

and cannot be shut down during colder weather due to the likelihood of freezing 

water irreparably damaging the engine block. Therefore, even where it is 

contemplated that a locomotive may not be used for a period of time, it is 

necessary in certain cold weather conditions to keep the engine running to 

eliminate the risk of engine damage. 

The proposed layover heating system will provide a means for locomotive 

engines to be shut down for extended periods of time even in colder weather when 

those engines otherwise would have had to idle. 

The funding provided by Dominion for this project will be used to install the 

necessary infrastructure in the Rail Yards to support the layover heating system 

and to outfit an estimated twelve locomotives with the equipment necessary to 

enable use of the layover heating system, including a battery charger. The 

layover heating system is a Verified Idling Reduction Technology as evaluated by 

EPA’s Smartway Technology Program under which it is identified as a Shore 

Connection System for locomotives. The infrastructure to be installed at the Rail 

Yards will consist of the necessary power lines, poles, transformer, and a power 

7 
distribution panel that will monitor the power for electric grounds. 

C.	 Benefits: This project will result in reduced idling time and therefore reduced 

fuel usage, reduced emissions of PM, NOX, VOCs and toxics, and reduced noise 

in an urban environment. 

D.	 Costs: Dominion shall spend $400,000 in Project Dollars in performing this 

Project. The estimated portion of the total costs to be paid by Dominion for this 

project includes approximately $243,000 for the heating system infrastructure at 

the six Rail Yards and approximately $175,000 for the necessary compatibility 

equipment on twelve locomotives that will operate in and around the Rail Yards. 

E.	 Performance: Within ninety (90) days from the Date of Entry, Dominion shall 

enter into an agreement (“performance agreement”) with NRSC requiring: 

1.	 Completion Date: NSRC to complete the entire Project Scope above 

within two years from the effective date of the performance agreement 

between NRSC and Dominion, provided that the local utility timely 

installs new service as requested by NSRC. In the event that delays 

caused by failure of the local utility to install the new electric service 

required for the layover system cause a delay in the completion of the 

Project Scope (despite diligent efforts on the part of NSRC to obtain that 

service), the two year timeline will be delayed commensurate with the 

delay in utility service. 

2.	 That any costs greater than the cost allotted by this Consent Decree shall 

be paid by NSRC for completion of the project. 

3.	 Fuel Savings: NSRC to submit a report to Dominion and EPA annually 

for two years detailing the estimated fuel savings realized due to the 

project. The report shall be due within sixty (60) days after the end of 

each year the project was implemented. 

4.	 Final Report: Within thirty (30) days after project completion, NSRC to 

submit a final report to Dominion and EPA that includes the following: 

i.	 A detailed timeline of all completed construction activities for the 

Project. 

ii.	 A breakdown of the total costs (funded and unfunded by Dominion) by 

NSRC to implement the Project. 

iii.	 The results of implementation of the Project, including the estimated 

emission reductions or other environmental benefits achieved. 

iv.	 A description of any significant problems that occurred during 

implementation of the Project and how they were overcome. 

8 
 

F.	 Project Completion Report: In addition to the information required by Section II 

of this Appendix, Dominion’s project completion report for this Project shall 

include the following: 

1.	 A detailed timeline of all completed construction activities for the Project. 

2.	 A breakdown of the total costs (funded and unfunded by Dominion) by 

NSRC to implement the Project. 

3.	 A description of any significant problems that occurred during 

implementation of the Project and how they were overcome. 

VI.	 Lake Michigan Watershed and Indiana Dunes National Lakeshore Land 

Acquisition and Restoration Project(s) 

A.	 Consistent with the requirements of Section II of this Appendix, Dominion shall 

submit a Project Plan to EPA for review and approval for the use of up to 

$2,500,000 in Project Dollars for acquisition and restoration of lands that are part 

of, adjacent to, or near the Indiana Dunes National Lakeshore and have an 

ecological or environmental significance to the ecosystems in the Lake Michigan 

Watershed of Lake and Porter Counties in the State of Indiana. The Project 

Dollars for this project are in addition to the funding described in Section I of this 

Appendix (Forest Service/Park Service Mitigation). 

B.	 The goal of this Project is the protection through acquisition and/or restoration of 

ecologically significant land, watersheds, vegetation, and forests using adaptive 

management techniques designed to improve ecosystem health and mitigate 

harmful effects from air pollution. In addition the funding shall be used to provide 

for public use of acquired areas in a manner consistent with the ecology of the 

area. 

For purposes of this Appendix and Section IX (Environmental Mitigation 

Projects) of this Consent Decree, land acquisition means purchase of interests in 

land, including fee ownership, easements, or other restrictions that run with the 

land that provide for the perpetual protection of the acquired land. Restoration 

may include (but is not limited to), reforestation or revegetation (using plants 

native to the area) and/or removal of non-native, invasive plant species. Any 

restoration action must incorporate the acquisition of an interest in the restored 

lands sufficient to ensure perpetual protection of the restored land. 

C.	 In addition to the information required by Section II of this Appendix, the Project 

Plan shall include: 

9 
 

 

1.	 A general description of the areas proposed to be acquired or restored, 

including a map clearly identifying the location of the land relative to the 

decommissioned State Line Power Station and all city, state, or federal 

publically protected lands/parks in the area surrounding the proposed land 

to be acquired/restored. 

2.	 A justification of why the area should be considered ecologically and/or 

environmentally significant and warrants preservation and/or restoration. 

3.	 A description of the projected cost of the land acquisition and/or 

restoration. 

4.	 Identification of any person or entity(s) other than Dominion that will be 

involved in the land acquisition and restoration. Dominion shall describe 

the third-party’s roles in the action and the basis for asserting that such 

entity is able and suited to perform the intended role. Any proposed thirdparty must be legally authorized to perform the proposed action or receive 

Project Dollars. 

5.	 A schedule for completing and funding each portion of the project. 

D.	 Upon EPA’s approval of the Project Plan, Dominion may transfer up to 

$2,500,000 of Project Dollars to one or more land acquisition funds, such as Save 

the Dunes Conservation Fund, for partial or full implementation of the land 

acquisitions and restorations described in the Project Plan. 

E.	 Performance: All Project Dollars shall be expended in accordance with 

subsections A through C above and within two years of entry of the Consent 

Decree. 

F.	 Project Completion Report: In addition to the information required by Section 

II of this Appendix, Dominion’s project completion report for this Project shall 

include any reports related to this Project that Save the Dunes or applicable third 

party fund or organization provided to Dominion. 

VII.	 Energy Efficiency Project for South Fork School District in Kincaid, Illinois 

A.	 Consistent with the requirements of Section II of this Appendix, Dominion shall 

submit a Project Plan to EPA for review and approval to spend a maximum of 

$200,000 in Project Dollars to implement and complete an Energy Efficiency/ 

Weatherization project to reduce the energy demand in one or more of the schools 

that make up the South Fork School District 14 in the town of Kincaid, Illinois, 

which are in the Kincaid Generation power station service area. The project may 

10 
 

include (1) the replacement of leaking windows and entrance doors at the high 

school and gym and (2) weatherization of the high school building exterior. 

B.	 Upon EPA’s approval of the Project Plan for the Energy Efficiency Project for 

South Fork School District, Dominion shall implement the Project according to 

the approved plan. 

C.	 Completion Date: The entire Project above shall be completed within three (3) 

years from the Date of Entry, except that Dominion may request an extension of 

time to complete the project if it appears likely that all Project Dollars will not be 

spent within such three year period despite Dominion’s best efforts to implement 

the Project within such period. 

VIII.	 Energy Efficiency and Geothermal Projects for the Central Illinois FoodBank 

A.	 Consistent with the requirements of Section II of this Appendix, Dominion shall 

submit a Project Plan to EPA for review and approval to spend a maximum of 

$750,000 in Project Dollars to implement and complete the Energy 

Efficiency/Weatherization and Geothermal Projects that will reduce the energy 

demand at the new FoodBank location in Springfield, Illinois. The Central 

Illinois FoodBank covers 21 counties in central Illinois and distributes over eight 

million pounds of food a year to more than 150 food pantries in its service 

territory. 

B.	 The Energy Efficiency/Weatherization Project may include (1) a new energy 

efficient freezer/cold storage area (approximately 10,000 sq. ft), (2) new energy 

efficient, motion activated lighting, and (3) motion-activated, insulated loadingdock doors. 

C.	 The Geothermal Project shall include the purchase and installation of a 

geothermal heat pump system that utilizes the earth as a heat source in the winter 

and a heat sink in the summer to reduce energy consumption. The geothermal 

heat pump system shall include the equipment necessary to support the 

installation and operation of a geothermal heat pump, including the exterior 

building components (e.g., well field holes, subsurface piping, and circulation 

pumps), the heat pump unit (evaporator and condenser, compressor, expansion 

valve and refrigerant) and any internal building components (e.g., HVAC 

distribution system and ductwork) necessary for the proper operation of the new 

system. The Project shall include funding for system commissioning and 

performance optimization within the first year of system operation. The Project 

shall also include funding to restore the project site, particularly the well field to 

its original or near-original condition. 

11 
System Application and Design: The Project shall be limited to serving space 

heating and cooling building loads, with the option to add a desuperheater to the 

project to serve hot water loads when practical. Prior to the design modeling of 

the system and production loop installation, the contractor/project designer shall 

conduct an in-situ formation thermal conductivity test for ambient deep earth 

temperature, thermal conductivity, and thermal diffusivity, for a minimum of 40 

hours to assess the subsurface soil conditions. (The contractor/project designer 

shall provide the building owner with copies of the related site drilling logs, soil 

sample documentation and in-situ thermal conductivity analyses). The contractor/ 

project designer shall employ quality assurance measures to prevent “short 

looping” of well field bore holes during the drilling process. 

Contractor/Project Designer Selection: The Project’s design, installation and 

system commissioning shall be performed by International Ground Source Heat 

Pump Association (IGSHPA) professionals or by other professionals certified by 

geothermal manufacturers to design and/or install the manufacturers’ systems. 

Best efforts shall be made to select project designers and installers (including 

engineers, architects, and bore hole drillers) with experience on at least three 

successful geothermal projects. 

Manufacturer, Equipment and System: Heat pumps should be Air-Conditioning, 

Heating and Refrigeration Institute (AHRI) and Energy Star rated. Heat pumps 

should meet the minimum EER and COP ratings required by Energy Star at the 

time the heat pumps are installed. The system shall include the installation of 

monitoring equipment to allow facility managers and staff to monitor the 

operation and performance of the system. 

Maintenance: The Project may include the establishment of an escrow account for 

the FoodBank to maintain and/or replace the heat pump unit or other elements of 

the system, or may otherwise include funding or pre-payment for an extended 

warranty or service contract for such maintenance/replacement. 

End-user Documentation and Training Requirements: The project 

developer/contractor shall provide the FoodBank with: 

 System design drawings including a map detailing the subsurface location 

of well field bore holes; 

 Copies of permits and inspections demonstrating compliance with local 

codes; 

 Copies of the drilling logs, soil sample documentation and in-situ thermal 

 conductivity analysis; 

 Copies of simulated design and financial performance (energy and cost 

12 
 

 

saving) analyses of the system; 

	 System documentation including, system maintenance and operational 

requirements, component manuals, operation manuals and warranty 

 information; and 

	 In-person, on-site, system operation user training. 

D.	 In addition to the information required by Section II.D of this Appendix, the 

Project Plan for this project shall: 

1.	 Describe how Dominion and/or the project developer/contractor(s) will meet 

the requirements set forth in Subparagraphs B and C of this Section; 

2.	 Describe the proposed geothermal system design (e.g., a closed loop design 

with either horizontal or vertical loop well fields, a standing column well, or 

station surface sources); and 

3.	 Identify the contractor/project designer(s) and/or other third parties with 

whom Dominion and/or the FoodBank will contract or partner with to 

implement the Project, and list any relevant accreditations or certifications 

held by such contractor/designer(s) or parties. 

E.	 Completion Date: The entire Project above shall be completed within three (3) 

years from the Date of Entry, except that Dominion may request an extension of 

time to complete the project if it appears likely that all Project Dollars will not be 

spent within such three year period despite Dominion’s best efforts to implement 

the Project within such period. 

IX.	 Illinois Clean Diesel Project 

A.	 Consistent with the requirements of Section II of this Appendix, Dominion shall 

submit a Project Plan to EPA for review and approval for the completion of an 

Illinois Clean Diesel Project in which Dominion shall spend $500,000 in Project 

Dollars to fund retrofit, replacement or repowering of busses in the Chicagoland 

and Kincaid areas. 

The Project Plan may provide for transfer of funds to the Illinois EPA Clean 

Diesel Grant Program, which administers a grant program that provides grants 

for heavy-duty natural gas or propane-powered trucks and buses. The stated goal 

of this program is “to reduce particulate matter emissions and other pollutants 

from diesel-powered vehicles and to improve public health.” See 

http://www.illinoisgreenfleets.org/clean-diesel-grant/diesel-fact-sheet.pdf. 

B.	 Completion Date: The Project above shall be completed within three (3) years 

from the Date of Entry, except that Dominion may request an extension of time 

13 
 

to complete the project if it appears likely that all Project Dollars will not be 

spent within such three year period despite Dominion’s best efforts to implement 

the Project within such period. 

X.	 Northern Indiana Clean Diesel Project 

A.	 Consistent with the requirements of Section II of this Appendix, Dominion shall 

submit to EPA a Project Plan for the completion of the Indiana Clean Diesel 

Project in which Dominion shall spend $500,000 in Project Dollars to fund clean 

air projects that will significantly reduce diesel emissions from diesel engines and 

vehicles that serve public needs in Northern Indiana. The diesel engines and 

vehicles must be based and operated in or near the cities of Gary, Hammond, 

Michigan City, South Bend, Elkhart, and/or Fort Wayne. 

The Project Plan may provide for the transfer of funds to the Indiana Department 

of Environmental Management’s DieselWise Indiana Program, which funds clean 

air projects that reduce emissions from diesel engines and vehicles. 

B.	 Completion Date: The Project above shall be completed within three (3) years 

from the Date of Entry, except that Dominion may request an extension of time to 

complete the project if it appears likely that all Project Dollars will not be spent 

within such three year period despite Dominion’s best efforts to implement the 

Project within such period. 

XI.	 Northeast Clean Energy and Clean Diesel Projects 

A. Consistent with the requirements of Section II of this Appendix, Dominion, in 

consultation with the Town of Somerset and the City of Fall River (‘the 

municipalities”), shall submit one or more Project Plans to EPA for review and 

approval to implement (a) Energy Efficiency, Geothermal, and/or Solar 

Photovoltaic (“PV”) Projects at one or more public school buildings in either or 

both municipalities, and/or (b) Clean Diesel Project(s) to retrofit or repower 

higher-polluting diesel engines in either or both municipalities. The proposed 

Projects may include the installation of centrally-monitored digital controls and 

timers for heating/cooling systems in school buildings in either or both 

municipalities (“Energy Efficiency Project”). The proposed Projects may also 

include the installation of a geothermal heating and/or cooling system 

(“Geothermal Project”), and/or a solar photovoltaic project consisting of 

electricity-generating solar panels (“PV Project”) for public school buildings in 

either or both municipalities. The Projects may also include the retrofit or 

repower of eligible diesel engines on diesel-powered municipal construction or 

public works vehicles or equipment owned or operated on a long-term basis by 

either or both municipalities in order to reduce diesel pollutant emissions (“Clean 

Diesel Retrofit and Repower Project”). 

14 
 

B.	 Dominion shall spend a maximum of $1,600,000 in Project Dollars to implement 

the Energy Efficiency, Geothermal, PV, and/or Clean Diesel Retrofit and 

Repower Projects described in this Section, and shall complete them not later than 

three years after the Date of Entry, except that Dominion may request an 

extension of time to complete one or more of the Projects if it appears likely that, 

despite Dominion’s best efforts, the Projects will not be completed within such 

three year period. The Projects shall be planned and implemented with the 

municipalities and with other third parties as needed. The Parties’ expectation is 

that approximately half of the total Project Dollars will be spent in Somerset, but 

the final distribution will depend on the Projects (and their costs) that can be 

proposed and implemented within the time frames and other requirements set out 

in this Appendix. 

C.	 The Geothermal Project identified in Section XI.A shall consist of all equipment 

and installation necessary to construct and implement the Project at public school 

buildings in either or both municipalities. This Project shall be planned and 

implemented in accordance with the requirements for the geothermal project set 

out in Sections VIII.C - VIII.D above, except where local circumstances make 

such requirements inapplicable. In addition to the above-referenced requirements, 

the Project shall include the installation of onsite monitoring equipment supported 

by kiosk-delivered educational software to enable students, teachers, and facility 

managers and staff to monitor the operation and performance of the geothermal 

system. 

D.	 The PV Project identified in Section XI.A shall, at a minimum, consist of: (1) the 

installation of solar panels with unobstructed solar access, producing electricity 

not to exceed the total annual electricity base load of the building the project 

serves; (2) a grid-tied inverter, appropriately sized for the capacity of the solar 

panels installed at the location; (3) the appropriate solar panel mounting 

equipment for the particular school; (4) wiring, conduit, and associated 

switchgear and metering equipment required for interconnecting the solar 

generator to the utility grid; and (5) appropriate monitoring equipment supported 

by kiosk-delivered educational software to enable students, teachers, and facility 

managers and staff to monitor various aspects of the system, e.g., the total and 

hourly energy output of the system (kilowatt hours), environmental benefits 

delivered (pounds CO2 avoided), hourly ambient temperature and cell temperature 

(Co), irradiance (W/M2), as well as time sensitive voltage, power and current 

metrics. The PV Project shall be installed on the customer side of the meter and 

ownership of the system shall be conveyed to the Somerset Public School system 

or Fall River Public School System, as appropriate. All related environmental 

benefits shall be retained by the system owner, including associated renewable 

energy certificates. To the extent practicable, North American Board of Certified 

Energy Practitioners (NACEP) certified energy professionals shall perform the 

15 
installation of the PV Projects to ensure the highest quality installation and 

performance of the system. 

E.	 The PV Project shall include manufacturer parts warranties for major system 

components, specifically, a minimum 25 year warranty for the solar panels 

(modules) and a minimum 10 year warranty for the inverter(s). The Project shall 

also include the establishment of an escrow account with funding sufficient to 

support one or more service contracts (or their equivalent) to ensure the ongoing 

maintenance and performance of the PV system consistent with established 

industry practice for no less than 25 years, including annual system checkups, 

annual solar panel (module) cleaning, expected inverter replacements, and remote 

system monitoring. 

F.	 All diesel engine retrofits conducted under the Clean Diesel Retrofit and Repower 

Project shall use exhaust control technologies verified either by EPA or by the 

California Air Resources Board (CARB), and shall consist of the purchase and 

installation of EPA or CARB-verified diesel oxidation catalysts (DOCs) or diesel 

particulate filters (DPFs) on diesel-powered municipal construction or public 

works vehicles or equipment. A list of EPA-verified retrofit technologies can be 

found at http://epa.gov/ cleandiesel/verification/verif-list.htm; a list of CARBverified technologies can be found at www.arb.ca.gov/diesel/verdev/vt/cvt.htm. 

If the Project includes DPF retrofits, the Project may also include the purchase of 

DPF service equipment required for proper DPF maintenance. 

G.	 All diesel engine repowering conducted under the Clean Diesel Retrofit and 

Repower Project shall use technologies certified by EPA, or by CARB if 

available, and shall consist of new engine configurations certified to emission 

standards. Information on engine certification can be found at 

www.epa.gov/otaq/certdata.htm. 

H.	 In determining which vehicles or equipment to retrofit or repower under the Clean 

Diesel Retrofit and Repower Project, priority should be given to older, higherpolluting vehicles and equipment that have high annual usage rates and/or vehicle 

miles travelled, so that the pollution reductions obtained from the Project will be 

maximized. 

I.	 The Energy Efficiency, Geothermal, and/or PV Projects plan(s) proposed by 

Dominion shall: 

1.	 Identify the specific proposed Projects to be implemented, and provide 

implementation timelines and expected completion dates for each Project; 

2.	 Describe each proposed Project’s system design; 

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3.	 Identify any project designers, contractors, or other third parties with 

whom the municipality’s school system will contract or partner with to 

implement the Projects, and list any relevant accreditations or 

certifications held by such contractors, designers or parties; and 

4.	 Describe the schedule and the budgetary increments in which Dominion 

shall provide the necessary funding to the municipality’s school system or 

its project designers/contractors to implement the Projects. 

J.	 The Clean Diesel Retrofit and Repower Project plan(s) proposed by Dominion 

shall: 

1.	 List the specific proposed vehicles, equipment and diesel engines to be 

retrofitted or repowered, including model, make and year of manufacture 

of the vehicles, equipment and engines (and for engines, the engine family 

name and horsepower), and the EPA or CARB-certified technology with 

which each engine will be retrofitted or repowered, and include the 

estimated costs (or contract costs, if available) for the equipment and 

installation of the proposed retrofits and repowers; 

2.	 Provide implementation timelines and expected completion dates for the 

proposed retrofits and repowers; 

3.	 Identify any contractors or other third parties with whom the municipality 

will contract or partner with to implement the Project; and 

4.	 Describe the schedule and the budgetary increments in which Dominion 

shall provide the necessary funding to the municipality and/or their 

contractors to implement the Projects. 

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