Center Petitions EPA to Object to Indian River Power Plant Permit

DNREC proposed a Clean Air Act Title V Permit for NRG’s Indian River Power Plant on April 5, 2004. On behalf of Clean Air Council, the Center filed a petition on August 18, 2004, calling on the U.S. EPA to Object to the final issuance of the permit. The basis of the Petition is the failure of the Permit to include the required compliance schedule and the reliance on the power plant’s signed compliance certification from 1996. The Center argued that the certification is outdated and that a compliance schedule is clearly necessary given the large number of permit violations and excess emissions released at the plant since that time, particularly in 2002 and 2003. Furthermore, the Center argues that federal Title V regulations require a compliance schedule even when the source is in compliance, in the form of a statement confirming that compliance will be maintained throughout. EPA has yet to respond to the Petition.