Enviro Groups Call On Mirant, EPA To Stop Permit Delays Stricter Permit Needed to Help Curb Charles’ Blue-Green Algae Blooms

Boston, MA (August 7, 2007) Citing recent outbreaks of blue-green algae on the Charles River, two of the state’s leading environmental groups this week called for a quick court hearing on a stricter water discharge permit for the Mirant Kendall power plant. Mirant discharges millions of gallons of heated water into the river every day, contributing in part to the explosive growth of algae that has shut down swimming and other recreation in recent years.

In a status report filed last week in litigation over the permit, the Conservation Law Foundation (CLF) and Charles River Watershed Association (CRWA) blasted delays proposed by Mirant Kendall and the U.S. Environmental Protection Agency (EPA) and called for speedy adoption of stricter regulations for heated water discharged into the Charles. The case is currently before the Environmental Appeals Board of the EPA.

“It’s undeniable that Mirant’s heated water discharge alters the river’s health and increases the potential for algae blooms,” said Cynthia Liebman, CLF Staff Attorney and author of the legal filing. “Mirant could switch to newer, better cooling technology that would help restore the entire ecosystem, but instead they’ve chosen delay and litigation.”

“CRWA has been monitoring the Charles since the early 1990s, and the blue-green algae problem certainly seems to be getting worse,” said Kate Bowditch , Director of Projects at CRWA. “Given the recreational and economic impacts of toxic blue-green algae outbreaks in the Charles, it’s an absolute priority to take action.”

The EPA issued a new federal water permit in September 2006. Mirant appealed the permit in a common tactic used by some of state’s worst polluting power plants. CLF and CRWA have charged that the new permit needs to be even stronger and as written allows excessive thermal pollution that harm fish populations and disturb the balance of life in the Lower Charles. Now, both EPA and Mirant are asking the court to halt the legal proceedings while EPA revises conditions of the permit unrelated to the plant’s thermal pollution.

“While we acknowledge EPA’s resource constraints, the current overheated condition of the Charles River should make this a higher priority case,” said CLF Vice-President, Peter Shelley.

A copy of the status report filed by CLF and CRWA is available online by clicking here.

BACKGROUND ON MIRANT KENDALL STATION:

The Mirant Kendall plant is located along the Cambridge bank of the Charles, just north of the Longfellow Bridge . It draws in water from the Charles River to cool its turbines, and discharges the water back into the river at temperatures of up to 105 degrees, the temperature of bath water. The plant’s cooling water system can cycle an average of 70 million gallons per day, year which in some months may exceed the flow of the river itself. Over a year, the plant can cycle up to 10 times the volume of the Charles River Basin (the river downstream of the BU Bridge).

Mirant’s cooling water intake system also draws in water from the river, killing fish and their eggs and larvae by pinning them against the screens or pulling them into the plant’s condensers. Mirant’s own sampling data has shown that the intake injures or kills over 2,000 fish and 85 million eggs and larvae each year.

The Conservation Law Foundation works to solve the most significant environmental challenges facing New England . CLF’s advocates use law, economics and science to create innovate strategies to conserve natural resources, protect public health and promote vital communities in our region. Founded, in 1966, CLF is a nonprofit, member-supported organization with offices in Maine , Massachusetts , New Hampshire , Rhode Island and Vermont . Visit us on the web at: www.clf.org

Charles River Watershed Association’s mission is to use science, advocacy and the law to protect, preserve and enhance the Charles River and its watershed.One of our country’s first watershed organizations, CRWA formed in 1965 in response to public concern about the declining condition of the Charles River . Since its earliest days of advocacy, CRWA has figured prominently in major clean-up and watershed protection efforts that have dramatically improved the health of the Charles.