Clean Air Wins | Green Energy News

August 3, 2003 – Vol.8 No.19

CLEAN AIR WINS.

A tool of the Clean Air Act, New Source Review (the Review now itself under review by the U.S. Environmental Protection Agency), says that when a power plant in the U.S. is significantly modified it should be considered the equivalent of a new facility thus meet the latest emissions standards. For the power plant operator this means installing the best technology pollution control equipment or perhaps switching to cleaner fuels.

A U.S. federal judge has agreed that the 11 projects and the $136.5 million spent by FirstEnergy’s subsidiary Ohio Edison on the W.H. Sammis plant near Steubenville, Ohio constituted a significant modification - thus a new source of air pollution - and has to meet the latest air pollution standards under the Clean Air Act.

Currently, it doesn’t.

The ruling is a big win for the northeast states who brought on the lawsuit. Because of wind patterns over the United States, pollution from vehicles and power plants from the south and midwest ends up over the northeast adding to existing air pollution problems in the region. The ruling could mean the plant will get needed emission control equipment, or a settlement paid to those states. The ruling should also set a precedent for other similar court cases in the future.

A second trial will be held next March to determine what action Ohio Edison/ FirstEnergy must take. For a copy of the 109-page ruling visit the U.S. District Court of Ohio, Southern District at http://www.ohsd.uscourts.gov/ and the current state of New Source Review at http://www.epa.gov/ttn/nsr .