Conservation Law Foundation Files Notice of Intent to Sue Dominion Energy for Clean Air Act Violations at Brayton Point

CONTACT:  Karen Wood, CLF, (617) 850-1722

BOSTON, MA  December 14, 2012 – Conservation Law Foundation (CLF), Clean Water Action and Toxics Action Center today notified Dominion Energy New England that they intend to file a federal Clean Air Act citizen suit against the company for significant and ongoing violations of the Clean Air Act at Brayton Point Station in Somerset, Massachusetts. The 50 year old coal and oil-burning power plant, which recently spent $1.2 billion to upgrade its facility, is exceeding legal limits on polluting soot coming from its smoke stacks and is failing to adequately monitor those emissions, as well as emissions of other harmful pollutants, including nitrogen oxides, carbon dioxide and sulfur dioxide. The plant is also in violation of the plant’s Acid Rain Permit monitoring requirements.

“Despite the massive investment Dominion has made in modernizing Brayton Point, the plant continues to pollute and is an ongoing threat to public health and the environment,” said Shanna Cleveland, staff attorney at CLF. “There is no amount of money that can make this old, obsolete coal-burning power plant clean, safe, or profitable. It’s a classic example of putting lipstick on a pig.”

Abundant natural gas and historic low prices are putting coal-burning power plants like Brayton Point under tremendous economic pressure. In 2012, the plant is running at approximately 10-24% percent of its capacity, because it cannot compete with cleaner more efficient energy sources. As a result, financial analysts are predicting that Brayton Point Station will likely lose money for the foreseeable future.

“Although Brayton Point is running less, it is still violating its pollution limits,” continued Cleveland. “These old plants were baseload plants. They weren’t designed to power up and down quickly when needed and are very inefficient when operated that way. Still, they need to be in compliance with the laws that are in place to protect everyone’s health, especially children and the elderly who are particularly vulnerable to serious illness or even death from these airborne pollutants. We intend to require Dominion to clean up its act or, if it can’t, then to shut Brayton Point down.”

“These violations are serious and need swift attention as they impact local health and create regional problems as well,” said Cindy Luppi, Clean Water Action New England Director. ”This is critical given Brayton Point’s multi-decades legacy as New England’s single biggest polluter.”

“Burning coal is dirty, dangerous, and outdated,” said Sylvia Broude, Executive Director for Toxics Action Center. “Brayton Point is the number one polluter for an area with failing grades for air quality, and this recent history of alleged violations shows there’s no way this dirty coal plant can operate safely. We’re calling on Brayton Point to clean up or close down, and we are pushing Somerset to plan ahead for its retirement.”

The 60 day notice details hundreds of violations of the Clean Air Act at Brayton Point since 2008. These include:

1. Exceeding limits on opacity and failing to appropriately monitor and report opacity violations. Opacity refers to the amount of soot coming from the plant’s smokestacks and is used as a measure of particulate matter, a harmful pollutant that can cause severe health and environmental problems.
2. Inadequate monitoring under the Acid Rain Law in violation of the plant’s Title V Permit According to the plant’s own reports, it failed to meet the standards for Acid Rain Monitoring required by law going hundreds of hours without any monitoring.
3.  Failure to continuously monitor emissions of nitrogen oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2) and carbon dioxide (CO2).

Under the Clean Air Act, CLF can file a complaint in federal court to hold Dominion liable and force then plant to comply with applicable pollution limits.

Background

For more than 20 years, CLF has held the region’s coal-fired power plants accountable for violations of clean air and water laws, while helping win tougher regulations to protect the environment and public health.

CLF filed the appeals of state permits that resulted in the 2010 shutdown of Somerset Station, in Somerset, Massachusetts. Working on the ground with residents, public health advocates, political leaders and other environmental organizations, CLF was instrumental in securing enforceable commitments to shut down Salem Harbor Station in Salem, MA in 2014 and to reduce harmful air pollution from Mt. Tom Station in Holyoke, MA. CLF is in active litigation against Merrimack Station in New Hampshire for violations of the Clean Air Act. With its tenacious legal advocacy, policy initiatives and regulatory expertise, CLF is applying pressure in all the right places to rid New England of old, dirty coal plants, keep the lights on at reasonable cost, and make way for clean renewable energy to power our region.

Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont.

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