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# Ohio Edison Company, W.H. Sammis Power Station, Clean Air Act - 2005 Settlement and 2009 Modified Settlement (WASHINGTON, D.C. August 11, 2009) - Ohio Edison Company, a subsidiary of FirstEnergy Corp., has agr eed in a consent decree to repower one of its coal-fired pow er plants using primarily renewable biomass fuels, the Justic e Department and U.S. Environmental Protection Agency announced today.
On this page:

2009 Modified Settlement 2005 Settlement Overview Summary of

Consent Decrees Modifications Emission Reductions State and Federal Partnerships Comment Period


## 2009 Modified Settlement

Overview

On August 11, 2009, the U.S Environmental Protectio n Agency and the Department of Justice announced that pursuant to a federal consent decree , Ohio Edison will repower the Burger plant to use primarily renewable biomass fuels. Th e Burger plant is located near Shadyside, Ohio. This agreement with Ohio Edison modifies the 2005 settlement with the company.

The states of New York, New Jersey, and Connecticut joined the United States in this consent decree modification, which represents the first Cle an Air Act settlement under which net greenhouse gas emissions will be reduced by more th an 1.3 million tons a year. The Burger plant will be the largest coal-fired electric utili ty plant in the country to repower with renewable biomass fuels.



## Summary of Consent Decree Modification

Under the modified agreement, Ohio Edison will repo wer the Burger plant beginning in 2012 with mostly biomass fuels, co-firing with not more than 20 percent low sulfur coal, including natural wood from waste tree trimmings and dedicate d sustainable nurseries, agricultural crops, grasses and vegetation waste or products. F ollowing a year of initial operation and optimization, the Burger plant will be subject to e nforceable emissions rates for sulfur dioxide (SO 2 ), nitrogen oxides (NO x ), and particulate matter (PM). Ohio Edison Company, W.H. Sammis Power Station Clean Air Act Settlement Resources Press Release (08/11/09) Consent Decree Modification Press Release (3/18/05) (PDF) (10 pp, 53K, About pdf ) Consent Decree (PDF) (79 pp, 339K, About PDF ) 

## Civil Enforcement Cases and Settlements

http://www.epa.gov/compliance/resources/cases/civil /caa/ohioedison.html Last updated on Wednesday, August 01, 2012 

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## Emissions Reductions

As a result of this modification, reductions from c urrent levels of SO 2 emissions are expected to be as much as 14,000 tons a year; for NO x , as much as 1,300 tons a year; and for PM, as much as 700 tons a year. The units’ emissions of c arbon dioxide (CO2) are expected to approach “neutrality,” meaning that CO2 emissions r eleased by burning biomass fuel will be offset by the amount of CO2 absorbed from the atmos phere by the wood and vegetation grown to produce the fuel. Burger is expected to e mit a net amount of approximately 400,000 tons of CO2 emissions a year, based on 20 p ercent coal co-firing, versus more than 1.7 million tons currently emitted from the units’ coal-fired combustion.

Nitrogen Oxides – NO x causes a variety of health problems and adverse environmental impacts, such as ground-level ozone, acid rain, PM, global warming, water quality deterioration, and visual impairment. Nitrogen oxides play a major role, with volatile organic chemicals, in the atmospheric reactions that produce ozone.

Sulfur Dioxide – High concentrations of SO 2 affect breathing and may aggravate existing respiratory and cardiovascular disease. Se nsitive populations include asthmatics, individuals with bronchitis or emphysem a, children and the elderly. Sulfur dioxide is also a primary contributor to acid depos ition, or acid rain.

Particulate Matter – Health effects of PM include increased hospital admissions and emergency room visits, increased respiratory sympto ms and disease, decreased lung function, and alterations in lung tissue and struct ure and in respiratory tract defense mechanisms and premature death. PM also is the majo r cause of reduced visibility in many parts of the nation.



## State and Federal Partnerships

The states of New York, New Jersey and Connecticut have joined EPA in this consent decree modification.



## Comment Period

The proposed settlement, lodged in the U.S. Distric t Court for the Southern District of Ohio, is subject to a 30-day public comment period and fi nal court approval by the district court. Information on submitting comment is available at t he Department of Justice website.



## 2005 Settlement

On March 18, 2005, the U.S. Environmental Protectio n Agency, the Department of Justice announced a major Clean Air Act (CAA) New Source Re view Program (NSR) settlement with Ohio Edison Company (Ohio Edison), a subsidiary of FirstEnergy Corp., to resolve CAA violations at the company’s W.H. Sammis Power Plant located in Stratton, Ohio, several of the company’s coal-fired power plants in Illinois. The states of New York, New Jersey and Connecticut were co-plaintiffs in the lawsuit and a lso joined the settlement.

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**6/19/2013 http://www.epa.gov/compliance/resources/cases/civil**  **/caa/ohioedison.html**Overview State and Federal Partnerships Power Plants Enforcement Effort Clean Air Act Violations Environmental Benefits Settlement Terms Environmentally Beneficial Projects Civil Penalty


## Overview

On March 18, 2005, the U.S. Environmental Protectio n Agency, the Department of Justice announced a major Clean Air Act (CAA) New Source Re view Program (NSR) settlement with Ohio Edison Company (Ohio Edison), a subsidiary of FirstEnergy Corp., to resolve CAA violations at the company’s W.H. Sammis Power Plant located in Stratton, Ohio, several of the company’s coal-fired power plants in Illinois. The states of New York, New Jersey and Connecticut were co-plaintiffs in the lawsuit and a lso joined the settlement.

Under the settlement, Ohio Edison will spend $1.1 b illion between now and 2012 on various pollution controls to substantially decrease emissi ons at the Sammis plant and other nearby Ohio Edison power plants. The Sammis plant must com ply with an annual tonnage cap for sulfur dioxide (SO 2 ) and nitrogen oxides (NO x ) emissions that declines over time.

Approximately 212,500 tons of SO 2 and NO x emissions will be reduced annually, based on 2003 emissions. 

## State and Federal Partnerships

The settlement reflects the culmination of a well-c oordinated partnership between EPA, the Justice Department and the states of New York, New Jersey and Connecticut and the National Park Service. Each of the states participated in th e case and its settlement. Allegheny County, Pa., (which includes Pittsburgh) also parti cipated actively in settlement negotiations.



## Power Plants Enforcement Effort

This settlement with Ohio Edison represents the nin th judicial settlement under the power plants enforcement effort. EPA has reached similar settlement with: Illinois Power Company and Dynegy Midwest Generation, Alcoa (Rockdale, Tex ., Facility, industrial boiler); PSEG Fossil; Southern Carolina Public Service Authority (Santee Cooper); Southern Indiana Gas and Electric Company (SIGECO), Culley Station; Tamp a Electric Company (TECO); Virginia Electric Power Company (VEPCO); and Wisconsin Elect ric Power Company (WEPCO). The settlements reduce annual pollution emissions by ap proximately 940,000 tons and require the installation of over $5.5 billion worth of stat e-of-the-art air pollution controls.



## Clean Air Act Violations

In November 1999, the United States and the states of New York, New Jersey and Connecticut filed this lawsuit alleging that Ohio E dison undertook construction projects at the Sammis Plant in violation of the New Source Review program. In August 2003, the U.S. District Court for the Southern District of Ohio af firmed all allegations and found that Ohio Edison failed to obtain Clean Air Act permits or to install required pollution controls. 

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## Environmental Benefits

This settlement requires Ohio Edison to remove a to tal of approximately 212,500 tons per year of sulfur dioxide (SO 2 ) and nitrogen oxides (NO x ) from 2003 emission levels. This total number of reductions is comprised of 171,500 tons p er year of SO 2 and 31,050 tons per year of NO x . In addition to these annual reductions, this agre ement secures 71,600 tons of SO 2 and 2,500 tons of NO x before 2011 to account for the time necessary to i nstall the required controls at Sammis.

Nitrogen Oxides – NO x causes a variety of health problems and adverse environmental impacts, such as ground-level ozone, acid rain, PM, global warming, water quality deterioration, and visual impairment. Nitrogen oxides play a major role, with volatile organic chemicals, in the atmospheric reactions that produce ozone.

Sulfur Dioxide – High concentrations of SO 2 affect breathing and may aggravate existing respiratory and cardiovascular disease. Se nsitive populations include asthmatics, individuals with bronchitis or emphysem a, children and the elderly. Sulfur dioxide is also a primary contributor to acid depos ition, or acid rain.


## Settlement Terms

Injunctive Relief

In 2003, the Sammis plant emitted 164,400 tons of S O 2 and 40,430 tons of NO x . The Sammis plant will be capped to 29,900 tpy of SO 2 and 11,863 tpy of NO x . The Sammis Power plant will reduce emission by 134, 500 tpy of SO 2 starting in 2012 (82 percent reduction) and 28,567 tpy of NO x starting in 2007 (42 percent reduction).

Eastlake Power Plant, located in Eastlake, Ohio, wi ll reduce its NO x emissions by 11,000 tpy starting in 2007.

Burger Power Plant, located in Belmont County, Ohio , will reduce its NO x emissions by 1,400 tpy starting in 2009 and its SO 2 emission by 25,000 tpy as earlier as 2011. The agreement provides Ohio Edison the ability to repower the Burger facility with state-of-the-art controls by 2 012.

Mansfield Power Plant, located in Beaver County, Pa ., will reduce its SO 2 emission starting in 2006 and by 2008 will achieve SO 2 emission reductions of 12,000 tpy.

The agreement represents a total reduction of 171,5 00 tpy of SO 2 and 31,050 tpy of NO x from existing units by 2012. It also requires the surrender of excess SO 2 allowances and restriction of NO x allowances. Proposed consent decree requirements must be incorporated into enforceable permits. 

## Environmentally Beneficial Projects

The consent decree requires Ohio Edison to fund $25 million worth of mitigation projects, including $14.4 million in alternative power projec ts (wind power or, with plaintiffs’ consent, landfill gas projects), $215,000 for environmentall y beneficial projects for the National Park Service related to air pollution, $400,000 for sola r power projects in Allegheny County 

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**6/19/2013 http://www.epa.gov/compliance/resources/cases/civil**  **/caa/ohioedison.html**municipal buildings, and $10 million to the states of New York, New Jersey and Connecticut

for other environmentally beneficial projects relat ed to air pollution. 

## Civil Penalty

Ohio Edison will pay a $8.5 million civil penalty.

Source: EPA Office of Enforcement and Compliance As surance and Region 5, U.S. EPA, March 18, 2005.

For additional information, contact:

Ilana Saltzbart U.S. Environmental Protection Agency (2242A) 1200 Pennsylvania Ave., N.W. Washington, DC 20460-0001 (202) 564-9935 saltzbart.ilana@epa.gov 

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