COLUMBUS — To the celebration of American Municipal Power and the chagrin of environmental opponents, on Friday the Ohio Environmental Protection Agency finalized an administrative modification to the air permit-to-install originally issued on Feb. 7, 2008, to AMP for its proposed coal-fired power plant for Letart Falls.

The final administrative modification was issued to add case-by-case maximum achievable control technology (MACT) requirements and require AMP to install a carbon injection system to limit the emissions of hazardous air pollutants from the proposed facility’s two coal-fired utility boilers. According to Ohio EPA, emission limits are set to ensure compliance with federal and state clean air standards and protect public health.

Also according to Ohio EPA, like many other projects at facilities nationwide, AMP’s proposed project became subject to the MACT requirements due to federal court actions that occurred after February 2008 (when Ohio EPA issued the company an air permit-to-install). This permit is currently under appeal at the Ohio Environmental Review Appeals Commission with the Natural Resources Defense Council leading the legal fight for opponents.

Thom Cmar, attorney for NRDC, said of particular concern to his organization, in regards to Friday’s approval of the administrative modification, is mercury.

“Mercury concerns us because it can cause serious health problems in mothers and children in terms of developmental and physiological disorders,” Cmar said. “The limits in the permit for AMP are significantly higher than limits being agreed to by many other new coal plants being built around the country.”

Cmar cited the Consumer Energy Plant in Michigan which he said is a plant of similar size and fuel type to the American Municipal Power Generating Station, saying CEP’s permit allows for 63.4 pounds of mercury emission per year. Cmar said this is “roughly half of what AMP’s emission limits are,” saying the AMPGS permit allows for 127.4 pounds per year in terms of mercury emissions.

“Ohio EPA should’ve looked more carefully at other proposed new coal plants to determine whether other plants similar to AMPGS are committing to achieve lower limits that are more protective of public health,” Cmar added.

According to AMP, it will install additional control equipment, called activated carbon injection, in an effort to control even more mercury emissions. AMP also said, despite the fact that its 2008 air permit already contained stringent mercury limits, even lower emissions limits were established for mercury and other air emissions as part of the MACT process.

“The air permit-to-install contained stringent limits on all emissions, including mercury,” AMP Senior Vice President of Member Services and External Affairs Jolene Thompson said. “In fact, AMP’s 2008 permit marked the first time Ohio EPA set best available technology emission limits for mercury in an air permit for an electric generating station...following a federal court decision rendered after the 2008 permit was issued, AMP has worked with Ohio EPA to determine whether or not even more emissions reductions were achievable. The results of this process have led to additional reductions, including a 25 percent reduction in the allowable mercury emission limit.”

“The AMPGS facility will have as much emission control equipment as any new plant in the country and, with the addition of carbon injection, more than most,” Thompson said. “AMP and our members are understandably proud of this project, and finalizing the administrative modification allows us to proceed in a timely fashion with this project.”

Issuance of the administrative modification also can be appealed to ERAC. Many appeals must be filed within 30 days of issuing the final action; therefore, Ohio EPA recommends that anyone wishing to file an appeal contact ERAC at (614) 466-8950 or www.erac.ohio.gov for more information.

All critical path permits for the project have been issued in final form. The air permit-to-install and the National Pollutant Discharge Elimination System permit are under appeal. Ohio law allows AMP to continue development through the appeals process which AMP continues to do with the company looking to break ground for construction possibly in the late fourth quarter or early first quarter of 2010.