COLUMBUS — It’s conceivable ground could be broken in Letart Falls on the new coal-fired power plant proposed by American Municipal Power before the legal battles over the plant’s permits are decided.

Both AMP’s final air permit-to-install and National Pollution Discharge Elimination System permit are currently under appeal by various opponents. The permits are to be reviewed by the Ohio Environmental Review Appeals Commission in Columbus.

Yesterday, a spokesperson with ERAC said a de novo hearing on the merits of the case against/for the air permit has not been scheduled yet, though at this point there is a possibility it could happen June 7-25, 2010. There could be new filings in this case as early as next week.

The de novo hearing on the air permit was originally set to begin this past August but in July that hearing was “indefinitely postponed.” At the time of the postponement, Shannon Fisk, attorney for the Natural Resources Defense Council, which is appealing both permits, said the commission issued the order because the Ohio Environmental Protection Agency had not finished the Maximum Achievable Control Technology modifications required for the air permit. A hearing on these MACT modifications to AMP’s air permit was held in June because one of the rules relied upon in the original permit is no longer applicable on a federal level.

Last month, Ohio EPA finalized the MACT modifications to the air permit which was originally issued on Feb. 7, 2008. Since the approval of the MACT modifications, opponents have expressed concerns over mercury emissions, saying AMP’s limits in the permit are significantly higher than limits being agreed to by other new coal plants.

AMP has said 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 is being appealed by NRDC, the Ohio Environmental Council, Sierra Club and National Parks Conservation Association located in Knoxville, Tenn.

The de novo hearing regarding the appeal of AMP’s NPDES is scheduled for 10 a.m., Aug. 16-23, 2010 in Columbus. The NRDC, OEC and Sierra Club are also appealing this permit. Opponents felt the permit as issued would allow AMP to discharge pollutants into the Ohio River, John’s Run and unnamed tributaries from the plant. Opponents also felt Ohio EPA Director Chris Korleski failed to establish discharge limits in the permit based on Best Available Technology.

Ohio EPA has said though a lowering of water quality will occur with the issuance of a permit, it cannot be lowered to the point of violating existing Ohio environmental laws meant to protect humans and the environment.

AMP plans on breaking ground on the new plant late this year or the first quarter of 2010.