MAELC Comments, Calls for Public Hearing on Renewal of Indian River Power Plant Clean Air Act Permit

Indian River Power Plant, owned by a subsidiary of NRG Energy, is the largest single source of air pollution in the state of Delaware.  Under the Clean Air Act, major sources of air pollution must obtain operating permits under Title V of the law.  These “Title V” permits, which must be renewed every five years, contain all the regulatory requirements applicable to the plant which previously would have been found in various regulations and permits.   The Title V Permit also sets monitoring, reporting, recordkeeping and compliance certification requirements for a facility.  As the sole repository for all enforceable requirements, the Permit is of vital importance to the public’s ability to understand the facility and its environmental performance.

The Center, with able assistance from Matthew Loftus, an intern with the Widener Environmental and Natural Resources Law Clinic, conducted an analysis of the proposed permit renewal on behalf of Citizens for Clean Power.  The analysis revealed that the power plant was required to conduct only a single stack test of particulate matter (PM-10 and pm2.5) emissions over the course of the 5-year permit term.  In other words, compliance with the particulate standards would be judged by a single test, conducted by the company or its consultant, on a day of their choosing, under optimum operational conditions.  Our comments advanced the position that a single test does not represent standard conditions at the plant, and that such monitoring is insufficient to assure compliance with the permit limitations as required by Clean Air Act regulations.

Among other concerns identified in the comments, the Center also found fault with the extremely unwieldy and exceptionally obtuse chart format DNREC has used for the proposed permit.  Such a format runs contrary to the spirit of the law since it makes this overarching permit too difficult for the general public to decipher.
DNREC has now scheduled the public hearing for July 15, at 6 p.m., at the Millsboro Fire Hall, Millsboro, DE. Public notices can be checked by going to www.dnrec.state.de.us/

Click here to view MAELC Public Comment to DNREC.