Court Rules States Must Clean Up Coal Fired Power Plants
© Environment News Service (ENS) 2000
June 26, 2000
By Cat Lazaroff
WASHINGTON, DC, June 26, 2000 (ENS) - Nineteen states and the District of Columbia must now write plans to reduce emissions from coal burning power plants that have been blamed for smog and acid rain on the East Coast.
A federal appeals court has upheld regulations designed to cut nitrogen oxide emissions that blow eastward from Midwestern power plants.
Last week, the Washington, DC Circuit Court of Appeals made a final ruling upholding the U.S. Environmental Protection Agency’s (EPA) clean air plan for the Eastern United States, known as the NOx SIP call. The decision will allow EPA and the eastern states to move forward on a fixed schedule to reduce harmful nitrogen oxide (NOx) emissions from the most polluting power plants and other industrial sources.
"This decision is a major environmental victory for everyone living throughout the Eastern United States," said EPA Administrator Carol Browner. "It means that over a hundred million people will now breathe healthier air as the result of significant reductions in harmful emissions from the most polluting power plants throughout the region."
"One of the major health benefits of this action will be the reduction of incidents of childhood asthma, which has been growing at alarming rates," Browner noted.
By October 28, 19 states and the District of Columbia will be required to create plans that will reduce smog forming emissions from 392 coal burning power plants and other industry sources by 1.5 million tons, the EPA said. The plans must mandate emissions cuts starting in the summer of 2003.
In 1995, in response to a lawsuit by the Natural Resources Defense Council (NRDC) and other environmental groups, EPA convened representatives of 37 states in the eastern part of the country to develop regional clean-up plans. In 1998, EPA issued a rule requiring 22 of those states to cut smog forming emissions from electric power plants and other pollution sources to abate interstate pollution.
Industry and several upwind states sued EPA, delaying implementation of the rules. In March, a three judge panel of the DC Circuit Court of Appeals voted 2-1 to uphold the rules, but delayed their implementation pending further appeals. Last week, the court rejected further delays in implementing the EPA rule.
Northeastern states applauded the ruling. "The ruling today helps put in place clean air rules that Governor Tom Ridge asked for in May 1995," said Pennsylvania Department of Environmental Protection Secretary James Seif. "These rules will protect Pennsylvanians and people in 18 other states from the health effects of ozone. Now, we all can breathe easier."
Seif explained, "The court, in rejecting arguments from Midwestern states and utilities, confirmed what we've been saying about ozone pollution for years: Pennsylvania can't meet federal standards because of pollution transported here from the Midwest."
Ground-level ozone forms when NOx from industry and personal vehicles bakes in the sunlight with other constituents of air pollution. Ozone can make it hard for some people to breathe, particularly children and older people.
"The rule will protect asthmatic children, who are being admitted to hospital emergency rooms with increasing frequency, the elderly, and millions of Americans with respiratory illnesses," said David Hawkins, an NRDC senior attorney. "We urge Congress to stop interfering with EPA's efforts to identify areas polluted by ozone smog and to act responsibly to protect public health and the environment."
"This decision will bring cleaner air and better health to tens of millions of Americans," said Frank O'Donnell, executive director of the Clean Air Trust. "It means that big dirty coal fired electric power plants will have to clean up - and clean up pronto."
Utility groups warned the rules could mean tens of billions of dollars in costs for installing clean air equipment, and that some of those costs could be passed on to their customers. The Midwest Ozone Group, a coalition of utilities and other businesses that have argued against the regulations, said they may appeal the case to the Supreme Court.
The new standards apply to the District of Columbia; Alabama; Connecticut; Delaware; Illinois; Indiana; Kentucky; Maryland; Massachusetts; Michigan; New Jersey; New York; North Carolina; Ohio; Pennsylvania; Rhode Island; South Carolina; Tennessee; Virginia; and West Virginia.