Homer City plant sued on emissions

EPA lawsuit claims owners have operated for decades without permits and controls

Past and present owners of one of the nation's dirtiest power plants in Homer City, Indiana County, have been sued by the U.S. Environmental Protection Agency for operating for decades without required federal permits or adequate pollution controls. 

The lawsuit claims the plant failed to meet federal pollution standards as far back as the early 1990s and its owners should be required to pay fines of up to $37,500 per day per violation. 

The EPA lawsuit, which was joined by the Pennsylvania Department of Environmental Protection and the New York attorney general, said emissions from the 1,884-megawatt power plant operated by EME Homer City Generating LP harm public health and the environment, contribute to premature mortality and asthma attacks and generate acid rain among other "adverse effects in downwind communities and natural areas." 

It also says annual emissions of about 100,000 tons of sulfur dioxide pollution alone from the Homer City plant makes it "one of the largest air pollution sources in the nation." 

The civil lawsuit was filed on EPA's behalf by the U.S. Justice Department Thursday in U.S. District Court in Pittsburgh.  It names EME along with eight limited liability corporate owners and prior owners, including Pennsylvania Electric Co. and New York State Electric & Gas Corp.

"The Clean Air Act was intended by Congress to protect the public from air pollution, including pollution from large sources of emissions like coal-fired power plants," Cynthia Giles, assistant administrator for EPA's Office of Enforcement and Compliance Assurance, said in a news release. " We are taking this step to protect the quality of the air people breathe not only in Homer City, but also in the communities that are located downwind of this power plant." 

The power plant has three units, two of which do not have pollution control equipment known as "scrubbers" to remove sulfur dioxide and nitrogen oxides from emissions.  State of the art pollution controls could reduce those emissions by up to 98 percent, which would represent 1 percent of total sulfur dioxide emissions generated by power plants nationwide, said EPA spokeswoman Bonnie Smith of Region III in Philadelphia. 

The lawsuit states that former owners and operators modified the plant in the 1990s, before EME Homer City took over operations in 1999, without installing "best available technology," as federal Clean Air Act regulations require.  Those modifications were made without requesting or receiving proper permits, it states, and EME continued operating the plant without ever seeking or obtaining proper permits for the modifications or upgrades. 

Because of those "unlawful modifications," the lawsuit states, significant amounts of sulfur dioxide and fine particle pollution continue to be emitted by the 42-year-old power plant. 

New York Attorney General Eric T. Schneiderman said in a news release Thursday that the emissions from the Homer City power plant are transported by prevailing winds and endangering the health of Empire State residents. 

"The owners of this power plant have repeatedly thumbed their noses at clean air laws, while dumping more than double the sulfur dioxide pollution into our air and lungs as all of the power plants operating in New York combined," Mr Schneiderman said. " This lawsuit reflects my commitment, holding the owners of the Homer City power plant accountable for breaking the law, and polluting the air that New Yorkers breathe." 

Charley Parnell, spokesman for Edison Mission Energy, or EME, based on Santa Anna, Calif., said the company has yet to review the suit and does not comment on current litigation. 

But he restated what he told the Post-Gazette last fall: Since taking over operations of the plant in 1999, EME has installed $300 million in pollution controls that "dramatically reduced" sulfur dioxide and nitrogen oxide emissions. 

The plant's first unit began operations in 1969, and two more units were added in 1977.  Two of the three units do not have scrubbers. 

Mr. Parnell said EME is aware that pending EPA rules to reduce pollution that crosses state lines will require installation of new pollution controls at the plant. 

"We are analyzing new federally proposed rules and assume the new rule will require additional investment," he said, noting that the company hopes to continue operating the Homer City plant indefinitely. 

The complaint seeks immediate action, known as injunctive relief, to require the defendants to comply with all applicable Clean Air Act requirements.  In its complaint, the EPA is seeking monetary penalties ranging from $25,000 per violation per day to $37,500 per day, depending on when the pollution violations occurred. 

The lawsuit said air emissions can have harmful effects to human health and the environment.  Particulate matter -- from visible soot to microscopic particles -- can damage lung tissue and contribute to cardiovascular and respiratory disease.  Sulfur dioxide is the major precursor for fine particles in the east coast.  It interacts with the atmosphere to form sulfate aerosols, which can harm people who suffer from asthma or bronchitis. 

Sulfur dioxide emissions also help to form acid rain, which degrades forests, damages waterways and accelerates the decay of buildings. 

The EPA said the complaint is part of a federal government initiative to bring operators of coal-fired power plants into full compliance with the New Source Review provisions of the Clean Air Act.  The lawsuit also says the companies violated Title V, which requires major stationary sources of pollution to obtain emission permits and comply with permit limits. 

The Pittsburgh Post-Gazette's "Mapping Mortality" series in December revealed that 14,636 more people died from heart disease, respiratory disease and lung cancer in the region from 2000 through 2008 than national mortality rates for those diseases would predict.  Those diseases have been linked to air pollution exposure. 

After adjusting for slightly higher smoking rates in Pennsylvania, the total number of excess deaths from those three diseases is 12,833.  That's still a more than 10 percent higher mortality rate overall than would be expected in the population of approximately 3 million people in 14 counties. 

Michael Steffee, who lives about a mile east of the Homer City power plant, said prevailing winds bring its emissions over his house, causing black-ash deposits in his backyard pool and pock-marking on his siding. 

"I look at that power plant every day out my back window, which we can't keep open because of the emissions," said Mr. Steffee. " It's good that the lawsuit was filed, but resolving it will take a long time, and that's disturbing because of the health aspects.  It can't be good what we're breathing." 

The EPA filed "notices of violation" against EME Homer City Generation LP in June 2008 and May 2010.  The alleged violations at the Homer City power plant have dragged on for years. 

The Homer City plant is the second-largest air polluter in the state and according to the ECHO database has paid federal penalties totaling $40,700 over the last five years. 

First published on January 7, 2011 at 12:00 am

Correction/Clarification: (Published January 8, 2011) The U.S. Environmental Protection Agency says that if it succeeds in its lawsuit against the Homer City power plant in Indiana County, levels of sulfur dioxide emissions could be reduced by up to 98 percent.  This reduction would represent 1 percent of total sulfur dioxide emissions generated by power plants in the United States.  A story on the lawsuit Friday had incorrect information provided by the EPA.