“We are deeply disappointed by the federal judge’s ruling,’’ said Governor Christie. “New Jersey is adversely impacted by air pollution that comes from this coal-fired power plant in Pennsylvania that is one of the most polluting power facilities in the nation, and which negatively impacts the health and welfare of our residents. This Administration’s commitment to the improvement of air quality remains a top priority, and that includes targeting some of the most prolific out-of-state air polluters.”
“Even though the Homer City power plant in western Pennsylvania is hundreds of miles away, its emissions affect public health and the environment here in our state,” said Department of Environmental Protection Commissioner Bob Martin. “The federal Clean Air Act requires plants like this to install the best available devices to reduce emissions and protect the public health. We intend to see that occurs.’’
Commissioner Martin said the State’s attorneys have been directed to appeal U.S. District Court Judge Terrence McVerry’s October 12, 2011 ruling.
The Christie Administration has taken a series of aggressive steps to reduce air pollution, including targeting major out-of-state air power plant polluters that send pollution eastwards towards New Jersey.
On Monday, the Administration scored a major victory when the federal Environmental Protection Agency announced precedent-setting approval of New Jersey’s Clean Air Act petition to significantly reduce huge volumes of harmful air pollutants emitted from a coal-fired Pennsylvania power plant located across the Delaware River from Warren County, and which also pours air pollution into Morris, Hunterdon and Sussex counties. Pollutants must be reduced by 60 percent in 12 months and by 81 percent within three years.
The State also has taken the lead in a lawsuit seeking to force Allegheny Energy Inc. and subsidiaries to install pollution-control equipment to reduce emissions of sulfur dioxide and nitrogen oxide at three western Pennsylvania power plants. The goal is to curb emissions that negatively impact New Jersey’s air.
In February, New Jersey joined New York, Pennsylvania and the U.S. government in a lawsuit against Homer City Station, a 1,884-megawatt power plant that emits more than 100,000 tons of sulfur dioxide (SO2) annually. Those SO2 emissions lead to the creation of fine particulate matter, which is carried by prevailing winds towards New Jersey, and contributes to acid rain.
Inhalation of fine particles causes respiratory distress, cardiovascular disease and premature mortality, and is directly linked to increases in asthma attacks, lung diseases, and other health problems.
The State’s legal action, filed in federal District Court in Pittsburgh, alleged that current and past owners of the Homer City Station violated provisions of the federal Clean Air Act by failing to install required state-of-the-art pollution controls when the plant underwent major modifications in the 1990s. New Jersey is seeking an injunction prohibiting further operation of the plant except in accordance with the Clean Air Act; civil penalties for past and ongoing violations of federal law; and mitigation of harm caused by defendants’ illegal emissions.
The Homer City generating station, currently operated by EME Homer City Generation LP, is a large coal-fired power plant, with a 1,217-foot-high smokestack, that is located 50 miles east of Pittsburgh, in Indiana County. Based on 2009 data, the Homer City plant emitted 101,000 tons of sulfur dioxide, which is transported to downwind states, including New Jersey.
New Jersey already has initiated state-of-the-art performance standards for mercury, sulfur dioxide, nitrogen oxides, and particles for all of the coal fired power plants operating in our state.
The Christie Administration also has taken other decisive action to curb emissions and protect the state’s air:
- Issued an executive order to reduce diesel emissions at construction sites.
- Adopted rule requiring significant reductions in sulfur content for home heating oil.
- Moved ahead aggressively with a first-in-the-nation grant program to help finance replacement of dry cleaning machines that use harmful chemicals, helping to remove thousands of pounds of pollutants from the air.
- Committed to a policy of not allowing new coal-fired power plants in New Jersey, ensuring additional generation comes from clean energy sources.
- Committed to cleaner renewable energy, including a major commitment to solar energy, making New Jersey first in the nation for installed solar capacity.
- Accelerated development of offshore wind projects to speed creation of wind turbines that will generate cleaner energy.
To view a copy of Judge McVerry’s ruling, visit: http://www.nj.gov/dep/docs/20111012court-decision.pdf
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