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Company, W.H. Sammis Power Station, Clean Air Act Settlement 

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 agreed in a 

consent decree to repower one of its coal-fired power plants 

using primarily renewable biomass fuels, the Justice 

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 Protection 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. The 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 Clean Air Act settlement under which net 

greenhouse gas emissions will be reduced by more than 1.3 million tons a year. The Burger 

plant will be the largest coal-fired electric utility plant in the country to repower with 

renewable biomass fuels. 

Summary of Consent Decree Modification 

Under the modified agreement, Ohio Edison will repower 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 dedicated sustainable nurseries, agricultural 

crops, grasses and vegetation waste or products. Following a year of initial operation and 

optimization, the Burger plant will be subject to enforceable emissions rates for sulfur dioxide 

(SO2

), nitrogen oxides (NOx), 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 current levels of SO2 emissions are expected 

to be as much as 14,000 tons a year; for NOx, as much as 1,300 tons a year; and for PM, as 

much as 700 tons a year. The units’ emissions of carbon dioxide (CO2) are expected to 

approach “neutrality,” meaning that CO2 emissions released by burning biomass fuel will be 

offset by the amount of CO2 absorbed from the atmosphere by the wood and vegetation 

grown to produce the fuel. Burger is expected to emit a net amount of approximately 

400,000 tons of CO2 emissions a year, based on 20 percent coal co-firing, versus more than 

1.7 million tons currently emitted from the units’ coal-fired combustion. 

Nitrogen Oxides – NOx 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 SO2 affect breathing and may aggravate 

existing respiratory and cardiovascular disease. Sensitive populations include 

asthmatics, individuals with bronchitis or emphysema, children and the elderly. Sulfur 

dioxide is also a primary contributor to acid deposition, or acid rain. 

Particulate Matter – Health effects of PM include increased hospital admissions and 

emergency room visits, increased respiratory symptoms and disease, decreased lung 

function, and alterations in lung tissue and structure and in respiratory tract defense 

mechanisms and premature death. PM also is the major 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. District Court for the Southern District of Ohio, 

is subject to a 30-day public comment period and final court approval by the district court. 

Information on submitting comment is available at the Department of Justice website. 

2005 Settlement 

On March 18, 2005, the U.S. Environmental Protection Agency, the Department of Justice 

announced a major Clean Air Act (CAA) New Source Review 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 also joined the settlement. 

On this page: 

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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 Protection Agency, the Department of Justice 

announced a major Clean Air Act (CAA) New Source Review 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 also joined the settlement. 

Under the settlement, Ohio Edison will spend $1.1 billion between now and 2012 on various 

pollution controls to substantially decrease emissions at the Sammis plant and other nearby 

Ohio Edison power plants. The Sammis plant must comply with an annual tonnage cap for 

sulfur dioxide (SO2) and nitrogen oxides (NOx) emissions that declines over time. 

Approximately 212,500 tons of SO2

 and NOx emissions will be reduced annually, based on 

2003 emissions. 

State and Federal Partnerships 

The settlement reflects the culmination of a well-coordinated 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 the case and its settlement. Allegheny 

County, Pa., (which includes Pittsburgh) also participated actively in settlement negotiations. 

Power Plants Enforcement Effort 

This settlement with Ohio Edison represents the ninth 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; Tampa Electric Company (TECO); Virginia 

Electric Power Company (VEPCO); and Wisconsin Electric Power Company (WEPCO). The 

settlements reduce annual pollution emissions by approximately 940,000 tons and require 

the installation of over $5.5 billion worth of state-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 Edison 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 affirmed 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 total of approximately 212,500 tons per 

year of sulfur dioxide (SO2

) and nitrogen oxides (NOx) from 2003 emission levels. This total 

number of reductions is comprised of 171,500 tons per year of SO2

 and 31,050 tons per year 

of NOx. In addition to these annual reductions, this agreement secures 71,600 tons of SO2

and 2,500 tons of NOx before 2011 to account for the time necessary to install the required 

controls at Sammis. 

Nitrogen Oxides – NOx 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 SO2 affect breathing and may aggravate 

existing respiratory and cardiovascular disease. Sensitive populations include 

asthmatics, individuals with bronchitis or emphysema, children and the elderly. Sulfur 

dioxide is also a primary contributor to acid deposition, or acid rain. 

Settlement Terms 

Injunctive ReliefIn 2003, the Sammis plant emitted 164,400 tons of SO2

 and 40,430 tons of NOx. 

The Sammis plant will be capped to 29,900 tpy of SO2 and 11,863 tpy of NOx. 

The Sammis Power plant will reduce emission by 134,500 tpy of SO2

 starting in 

2012 (82 percent reduction) and 28,567 tpy of NOx starting in 2007 (42 percent 

reduction). 

Eastlake Power Plant, located in Eastlake, Ohio, will reduce its NOx emissions by 

11,000 tpy starting in 2007. 

Burger Power Plant, located in Belmont County, Ohio, will reduce its NOx

emissions by 1,400 tpy starting in 2009 and its SO2 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 2012. 

Mansfield Power Plant, located in Beaver County, Pa., will reduce its SO2 emission 

starting in 2006 and by 2008 will achieve SO2

 emission reductions of 12,000 tpy. 

The agreement represents a total reduction of 171,500 tpy of SO2

 and 31,050 

tpy of NOx

 from existing units by 2012. It also requires the surrender of excess 

SO2 allowances and restriction of NOx 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 projects (wind power or, with plaintiffs’ consent, 

landfill gas projects), $215,000 for environmentally beneficial projects for the National Park 

Service related to air pollution, $400,000 for solar power projects in Allegheny County 

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municipal buildings, and $10 million to the states of New York, New Jersey and Connecticut 

for other environmentally beneficial projects related to air pollution. 

Civil Penalty 

Ohio Edison will pay a $8.5 million civil penalty. 

Source: EPA Office of Enforcement and Compliance Assurance 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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