Fighting Pollution from Aging Coal Plants

Wednesday, August 12, 2009

Despite advances in renewable energy, the nation still depends on coal plants for more than half of its electricity. Coal combustion produces smog, soot, acid rain, the neurotoxin mercury, and is the largest single source of carbon dioxide emissions, a leading cause of global warming.

A loophole in the Clean Air Act has allowed existing power plants to avoid installing modern pollution controls. ELPC is working with numerous environmental groups, state governments and others to require aging coal-fired power plants to install these modern technologies.

In Chicago, we are working to reduce pollution from the Fisk and Crawford coal plants, as well as other plants owned by Midwest Generation. In late July 2009, ELPC and a coalition of Illinois health and environmental groups filed a “60-day notice letter” informing Midwest Generation of their intent to sue the company because its coal plants violate their opacity limits. This action helped spur the US EPA and Illinois Attorney General to file a lawsuit against Midwest Generation in August 2009. ELPC and our partners joined to suit in October 2009.

Demanding Stricter Pollution Standards for New Coal Plants

In Michigan, ELPC is lead counsel for a coalition that is opposing requested permits for the new 600-megawatt Wolverine coal plant proposed for Rogers City, Michigan. Our work to challenge Wolverine has been a massive, coordinated statewide effort which includes numerous letters to the Michigan Department of Environmental Quality (DEQ) and Governor Granholm’s office, documenting the legal deficiencies with 8 coal plants proposed for the state. The coalition scored a major victory when Governor Granholm announced an executive directive requiring analysis of whether there is a need for or cleaner alternatives to a coal plant prior to allowing it to be permitted.

In Kentucky, ELPC represents the Kentucky Chapter of the Sierra Club and two other Kentucky organizations, Save the Valley and Valley Watch, in a challenge to a Prevention of Significant Deterioration/Title V air permit issued to Louisville Gas and Electric.

As new coal plant units are proposed and enter the permitting phase, ELPC is acting as a regional watchdog to identify potential new permit challenges and gaps in legal coverage.

Recent Highlights

In August 2009, US EPA and the Illinois Attorney General filed a lawsuit against Midwest Generation for Clean Air Act violations committed by the company’s coal plants in northern Illinois. ELPC and our partners have joined this lawsuit.

In February 2009, ELPC and its coalition scored a victory on its legal challenge of the proposed Wolverine coal plant; Governor Granholm announced a major policy shift for Michigan—the state will not issue any more permits for new coal plants without first assessing cleaner energy alternatives.

In Fall 2008, the Federal EPA supported our legal challenge that Kentucky violated the Clean Air Act in issuing state permits to the Trimble coal plant and now state officials in Kentucky must “correct” the permit to be more restrictive.

In 2006, ELPC and a broad coalition of environmental and public health groups were successful in the adoption of the Illinois Mercury Reduction Rule, and three years later, we continue to monitor the utilities’ compliance with this law.

Tags: Clean air, Cleaning Up Coal Plants, Illinois, Kentucky, Michigan