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Sierra Club Reaches Settlement With Longview on Air Pollution Limits
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by Jim Kotcon |
2004
Summary: The settlement agreement establishes new benchmarks but the Sierra Club will remain active in opposing tax breaks and other environmental impacts from the facility.
The Sierra Club and two other environmental groups reached an agreement with Longview Power, LLC, about air quality safeguards for the proposed Longview power plant in Monongalia County. The appeal challenged an air pollution permit issued by the WV Dept. of Environmental Protection for Longview because the permit did not adequately protect the air quality of the near-by communities and would cause adverse effects on downwind national parks and wilderness areas. The settlement became effective when it was approved by the WV Air Quality Board on Aug. 4. The proposed power plant would be a 600-MW electric generating facility to be located at Fort Martin in Monongalia County, West Virginia. It is being developed by GenPower, LLC, a Massachusetts firm. Attorneys Wendy Radcliff and Joe Lovett from the Appalachian Center for the Economy and the Environment filed the appeal on behalf of the Sierra Club, Trout Unlimited, and the National Parks and Conservation Association (NPCA). In the settlement, Longview agreed to lower its annual emissions, provide additional monitoring of its emissions, and provide funding to mitigate the impacts from acid rain and greenhouse gas emissions. While the Sierra Club continues to oppose construction of this plant, the agreement addressed many of the air pollution issues citizens raised during public comment. In the original permit issued by WV-DEP in March, Longview would have been permitted to emit 3,214 tons of sulfur dioxide and 2,142 tons of nitrogen oxides per year. The agreement limits Longview's emissions to 2,417 tons per year of sulfur dioxide and 1,739 tons per year of nitrogen oxides. Increased Monitoring for Toxics In the original permit, mercury monitoring would occur one every five years. Longview agreed to a Continuous Emission Monitoring System for mercury, the first for any coal-fired power plant in the country. Additional compliance, enforcement, and maintenance provisions would be added to the air permit, including improved monitoring for other heavy metals such as lead and beryllium, for acid gases such as sulfurous acid, hydrochloric acid and hydrofluoric acid, and for volatile organic compounds.The original permit proposed a “mitigation plan” to reduce acid rain impacts to “Class I Areas” such as Dolly Sods and Otter Creek Wilderness Areas and Shenandoah National Park, but unfortunately failed to guarantee that acid deposition would actually be reduced. Under the Settlement, Longview agreed to additional terms in the permit to encourage actual reductions and to provide for public comment on any alternate mitigation plan to address air quality impacts to Otter Creek and Dolly Sods Wilderness Areas, and Shenandoah National Park. While this still does not guarantee actual reductions in acidic deposition, such guarantees would likely require reopening air permits for other polluting facilities, which is something that Longview cannot legally require. Precedent on Greenhouse Gas The original air permit did not address greenhouse gas emissions. The agreement requires Longview to make payments of $500,000 per year for the first ten years of operation and $300,000 for the life of the plant. These payments would be made to a non-profit entity and would be used to reduce impacts from acid rain and greenhouse gases through programs such as emissions reductions, energy efficiency, carbon sequestration, etc. This funding level is still well below the level needed to adequately offset the emissions from a coal-fired power plant, which would likely require 10-100 times that funding level in today’s market. So while some mitigation will occur, the Longview plant will continue to add to the greenhouse gas buildup in the atmosphere and contribute to global warming. Unfortunately, neither federal or state laws currently require controls on emissions of greenhouse gases, so legal appeals on this issue were unlikely to prevail. But the Longview settlement agreement, for the first time, establishes the precedent that coal-fired power plants are responsible for their greenhouse gas emissions.Two other groups involved in the appeal also agreed to the terms of the settlement. “In addition to improved emission limits, this agreement establishes a mechanism to address both acid deposition and greenhouse gases produced by this plant. The agreement creates a mitigation fund that is unprecedented in this region,” said Larry Harris, Trout Unlimited National Leadership Council member for West Virginia. “Parks and people count on responsible industries striving to be as clean as possible, not as dirty as they can get away with,” said Joy Oakes, Mid-Atlantic Director for the National Parks Conservation Association. “We challenge other coal-burning power plants to aim for emissions comparable to Longview’s.” Not a Done Deal The agreement does not resolve all of the air permit issues, let alone all other environmental concerns, so the Longview plant is certainly not a done deal.Another appeal of the air permit by local citizens is still pending, with no decision likely before October. A lawsuit challenging tax breaks for Longview is awaiting a decision in Monongalia County Circuit Court. A Siting Certificate is still pending before the Public Service Commission. In that permit, noise and visual impact issues have not been resolved to the satisfaction of the PSC staff and they recommend that the Siting Certificate be denied at this time. A decision by the Commission is expected in late August. A Certificate of Need for transmission lines from Longview has been withdrawn. Apparently Longview still does not have a way to get its electricity onto the grid. Hazardous materials issues must be resolved. Longview still has no plan for protecting against, or responding to, releases of hazardous materials such as ammonia and chlorine gas, which will be required in large volumes at the plant. Historic siting issues have not been resolved with the WV State Historic Preservation Office. Water quality and other permits may still be required.
Continued Opposition The settlement has led some local residents to question the credibility of Longview officials. “These officials previously told us that they were offering the best possible package, only to admit through this settlement that the proposal could be improved,” said Paula Hunt of the Citizens for Alternatives to Longview Power. “Are there other improvements that could be made?” And local resident Jarrett Jamison indicated that local residents will continue to vigorously oppose the plant.The Sierra Club will remain active in opposing tax breaks and a range of other environmental impacts from the Longview plant. But the settlement agreement establishes a new benchmark that will encourage improvements in coal-fired power plants elsewhere across the country. For more information, go to www.nolongview.org.
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