Environmental groups file suit against EPA

Oct 23 - McClatchy-Tribune Regional News - Rachel Morgan Beaver County Times, Pa.

Two environmental groups filed a federal lawsuit this week against the U.S. Environmental Protection Agency for its failure to respond to petitions regarding air pollution from seven coal-burning power plants in Pennsylvania -- including FirstEnergy's Bruce Mansfield plant in Shippingport.

The suit also named the EPA's lack of response to petitions for air pollution information from six other Pennsylvania plants: FirstEnergy's Hatfield's Ferry and Mitchell facilities; the AES Beaver Valley Power Station in Potter Township; the EME Homer City Generating Station in Indiana County; the Sunbury Power Plant in Snyder County; and the Shawville Generating Station in Clearfield County.

The groups say that major sources of air pollutions must obtain permits under the Clean Air Act. Sierra Club then filed the petitions with EPA describing what they call "fatal flaws" in the permits for these seven plants, asking EPA to object to the permits. EPA did not grant or deny these permits within its 60-day deadline, the groups said.

"EPA is violating the Clean Air Act by not fixing these permits," said Earthjustice attorney Charles McPhedran. "These power plants are slipping through the cracks. Pennsylvanians deserve better -- we deserve clean air."

EPA officials said Tuesday they will review the suit and "respond accordingly."

FirstEnergy officials did not offer comment, since they are not a named party in the lawsuit.

"Since FirstEnergy is not a party in this lawsuit, it would be inappropriate for the company to provide comment," said company spokeswoman Stephanie Walton. "Bruce Mansfield has in place all necessary permits required for operation."

Worth noting: Hatfield's Ferry and Mitchell are actually owned by Allegheny Energy Supply, a subsidiary of the Akron-based FirstEnergy. Walton also said Tuesday that both the Hatfield's Ferry and Mitchell power stations are no longer producing power, and a reduced staff is conducting final shutdown activities through mid-December.

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