By Michael Hawthorne
September 27, 2017
In a move that could lead to dirtier air in Chicago and other downwind communities as far away as New York, Gov. Bruce Rauner’s administration is pushing to overhaul stringent limits on lung-damaging pollution from some of the last coal-fired power plants in Illinois.
Proposed amendments to state rules would scrap limits on the rate of pollution from a fleet of eight coal plants in central and southern Illinois owned by Dynegy Inc. Instead, the state would impose annual caps on tons of sulfur dioxide and nitrogen oxide emitted by the fleet — a subtle but significant change that could stall or reverse efforts to reduce Dynegy’s contributions to smog, soot and acid rain.
Drafted with extensive input from the company’s Chicago-based attorneys, the proposed pollution caps are significantly higher than what Dynegy’s fleet emitted during each of the past two years, according to a Tribune analysis of federal pollution data.
Alec Messina, director of the Illinois Environmental Protection Agency, said the goal is to keep the financially struggling coal plants open by giving Houston-based Dynegy more flexibility to operate individual generating units, several of which are not equipped with modern pollution controls. Before joining the Rauner administration, Messina worked as a lobbyist for a trade group that represents the company’s interests in Illinois.
State standards would still be tougher than federal requirements, Messina said, and company spokeswoman Meredith Moore noted emissions could still increase if the state’s rate-based limits were kept in place.
But if a state rule-making panel approves the proposed changes, expected to be formally introduced this month, the new limit on sulfur dioxide would be nearly double what Dynegy’s existing fleet emitted last year and higher than every year since 2012, according to the Tribune’s analysis. The cap on nitrogen oxide emissions would be 79 percent higher than what came out of the smokestacks in 2016.
In an Aug. 25 letter to the state EPA, Attorney General Lisa Madigan’s office questioned why the new regulations are necessary unless Dynegy plans to operate its dirtier coal plants more frequently and its cleaner plants less often.
The proposed pollution caps are set so high that the state would end up encouraging Dynegy to pollute more, Madigan’s office said.
“We want to make sure the public is getting the full benefit of the pollution standards the company agreed to meet,” James Gignac, Madigan’s environmental counsel, said in an interview. Changing the standard now could roll back years of progress, he said.
Dynegy also secured a provision that would keep the pollution caps fixed at the same amounts — 55,000 tons of sulfur dioxide and 25,000 tons of nitrogen oxide annually — even if it decided to shut down individual generating units or scuttle entire plants.
An EPA draft would have automatically tightened limits on Dynegy’s fleet to reflect plant closures, according to emails obtained by the nonprofit Environmental Law and Policy Center and shared with the Tribune. Chicago attorney Renee Cipriano, a former Illinois EPA director who represents Dynegy and other companies she once regulated, lined out or replaced language in the state’s draft, the emails show.
“We are making those types of tweaks to the rule language, so hopefully they address your issues,” Dana Vetterhoffer, an EPA attorney, responded in a May 31 email to Cipriano. “OK great,” Cipriano wrote back four minutes later.
Howard Learner, the environmental group’s president, said the changes would allow Dynegy to avoid installing pollution controls at its dirtiest plants and turn off the equipment at others.
“The company’s strategy is to run these plants on the cheap for as long as possible, like an old Chevy beater,” Learner said. “If the Rauner administration goes ahead with this, they’re effectively passing on the health costs of Dynegy’s pollution to the rest of Illinois and beyond.”
Moore, the Dynegy spokeswoman, said in an email to the Tribune that swapping the state’s current system for caps on the fleet’s emissions “would mean real environmental benefits.”
The EPA director echoed the company’s comments. “For the first time there is a cap on this fleet. That’s a big deal,” said Messina, who took over the state agency last year after serving as a top aide in Rauner’s office. He previously was a lobbyist for the Illinois Environmental Regulatory Group, an association that represents industries subject to state pollution regulations.