Power Engineering - Mirant sued over emissions from Dickerson power plant

22 July 2005 - The Environmental Integrity Project (EIP), the Chesapeake Bay Foundation (CBF), Maryland Public Interest Research Group (MaryPIRG), and Chesapeake Climate Action Network (CCAN) notified the Mirant Corporation Thursday of their intent to sue the company for illegal emissions of nitrogen oxide (NOx) pollution at the Dickerson Power plant in Montgomery County.

The alleged violations took place last winter and involved nearly 500 tons of illegal nitrogen oxide (NOx) emissions - the equivalent of what 40 000 sport utility vehicles (SUVs) would release in a single year of driving in the Washington/Baltimore region.

According to the US Environmental Protection Agency (EPA), NOx emissions form fine particles that trigger asthma attacks, and heart and lung diseases that lead to premature death. EPA has determined that the Washington Metropolitan area and most of Maryland's population is already exposed to unhealthy levels of fine particle pollution. NOx emissions also are deposited in the Chesapeake Bay watershed, where they add to already high nutrient loadings that steal the oxygen needed to sustain marine life.

As is required by law, Mirant has operated "select overfired air "(SOFA) pollution control equipment since 2003 to reduce NOx emissions from three coal-fired boilers at Dickerson. Under the terms of its permit, Mirant also was required to meet stricter NOx limits year-round once the SOFA systems began operation. Instead, Mirant violated the NOx limits every day from December 11, 2004, through at least March 31, 2005. Mirant could have reduced its wintertime NOx pollution and complied with the law at minimal cost simply by continuing to use SOFA pollution controls during cold weather.

Mirant agreed to reduce NOx emissions at its existing coal-fired Dickerson units in return for permission to construct a large new gas turbine at Dickerson. Mirant claims that it can postpone emission reductions at the coal-fired units until it begins operating the gas turbine. The four groups contend that Mirant's foot dragging is illegal under the language of the permit and also is at odds with the federal Clean Air Act.

EIP Director Eric Schaeffer said: "Mirant got Maryland's permission to build a new gas turbine and other units at Dickerson that will add even more nitrogen oxide to our air and to waters of the Chesapeake Bay. In return, the Clean Air Act and the permit require Dickerson to cut emissions from its old coal-fired plants before it begins operating new sources of pollution- not afterwards. Pollution affects us in the winter, not just the summer, and Mirant can't just decide on its own to turn off the Clean Air Act when the weather gets cold."

CBF Maryland Executive Director Kim Coble added: "The tragedy of these violations is that as we work to reduce nitrogen from other sources, like sewage treatment plants and agriculture, the Dickerson plant is violating its permit and spewing out even more pollution than it is allowed. Every pound of pollution has a cost, increasing the dead zone and making large portions of the Chesapeake Bay uninhabitable for fish and shellfish. That is why we need to do everything we can to reduce nitrogen pollution, including holding those who violate their permits accountable."

MaryPIRG Director Brad Heavner added: "Given the consistency of the violations, it appears that the company was intentionally doing something contrary to what they had agreed to do. Did they think nobody would check?"

CCAN Staff Attorney Diana Dascalu said: "Mirant's violations at Dickerson are only one example of the serious damage that these old and dirty coal-fired power plants do to our air and water. That's why we need Maryland's Healthy Air Bill, which would force Dickerson and other coal plants to install modern pollution controls to clean up our air and lower global warming emissions."

The EPA's Chesapeake Bay Program estimates that more than a quarter of the nutrient pollution in the Bay comes from airborne nitrogen compounds. While NOx emissions also form smog during warm weather, they add fine particles to the air and nutrients to our waterways year round.

The Justice Department and the state of Maryland reached a settlement with Mirant last fall requiring the company to reduce NOx emissions at several plants in Maryland and Virginia. But the company is still in bankruptcy and creditors objected to the proposed consent decree. The future of the settlement is unclear, although talks apparently continue between the various parties.

The state of Maryland also recently joined a lawsuit filed by several state Attorneys General against Allegheny Power for Clean Air Act violations at power plants in Pennsylvania and West Virginia. The citizen groups joining today's notice letter support Maryland's enforcement action against Allegheny Power, but are hopeful Maryland officials will start paying the same kind of attention to the serious air pollution violations taking place within its geographic borders.

The notice letter sent today is the first step in a legal action that could result in a lawsuit. Under the Clean Air Act, citizens are entitled to bring suit to enjoin violations of an emission limitation or standard, and to seek penalties for such violations. Federal law provides for civil penalties of up to $27 500 for each violation per day, payable to the U.S. Treasury.

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