Submitted By: SIERRA CLUB, VALLEY WATCH and CITIZEN ACTION COALITION
December 26, 2007
Re: Public Comments on Draft Prevention of Significant Deterioration Construction Permit for Duke Energy Indiana-Edwardsport Generating Station, Significant Modification No. 083-23529-00003, Significant Permit Modification No. 083-23531-00003
These comments are submitted on behalf of Valley Watch, Citizen Action Coalition, and Sierra Club and their combined almost 1 million members. The Indiana Department of Environmental Management (IDEM) proposes to issue a permit to Duke Energy (aka Duke Energy Indiana) allowing the company to modify its permits for the Edwardsport Generating Station and to construct new emission sources. This would allow construction of a very large power plant and a huge new source of air pollution.
The new pollution sources will subject Indiana, Illinois and Kentucky residents to air pollution, as well as increase global warming pollution at a time the state of Indiana, the United States, and the rest of the world is working to curb global warming pollution. According to state and federal clean air laws, the proposed power plant is a fossil fuel-fired steam electric plant of more than two hundred fifty million (250,000,000) British thermal units per hour heat input, which is listed pursuant to 326 IAC 2-2-1(gg)(1). Knox County is designated as attainment (or unclassified) for the criteria pollutants. Therefore, the facility is subject to Prevention of Significant Deterioration (PSD) permitting for all pollutants for which the proposed project would result in a significant net emissions increase. 326 IAC 2-2-1, et seq. Among the applicable PSD requirements, the proposed plant must comply with best available control technology (BACT) limits, 326 IAC 2-2-3, demonstrate no exceedances of an ambient air standard or maximum increase over baseline (“increment”), 326 IAC 2-2-5, analyze impacts to visibility, soils, as a result of either the project or as a result of general growth associated with the project. 326 IAC 2-2-8.
Congress intended to ensure that major sources of air pollution not degrade air quality for those forced to live and work in the areas where they are located. Congress recognized that generic national ambient air quality standards (“NAAQS”) do not adequately protect people. NAAQS “do not adequately protect against genetic mutations, birth defects, cancer, or diseases caused by long-term chronic exposures or periodic short-term peak concentrations, and hazards due to derivative pollutants and to cumulative or synergistic impacts of various pollutants; and they do not adequately protect against crop damage and acid rain.” Hawaiian Elec. Co. v. U.S. Envt’l Protection Agency, 723 F.2d 1440, 1447 (9th Cir. 1984). NAAQS also do not prevent the deterioration of otherwise cleaner air regions from deteriorating to the NAAQS “floor.”
For these reasons, Congress enacted the Prevention of Significant Deterioration (“PSD”) provisions of the Clean Air Act. 42 U.S.C. §§ 7470, et seq.
This air permit should not be approved for the following reasons:
To read the full document in PDF format, visit http://citact.org/sites/default/files/Edwardsport_Air_Permit_Comments_to_IDEM_0.pdf
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