Congressman Jim Moran's News Commentary

Virginia is considering revisions to the Potomac River Power Plant’s operating permit, that quite frankly, should not go forward until the Commonwealth improves the way it monitors emissions and finds answers to a number of outstanding questions.

The more I look into this issue, the more I am troubled by what appears to be a minimalist approach by the state with regard to regulation and oversight. In the area our state has fallen short of its responsibility to safeguard the public's health. and in the process fall short of safeguarding the public’s health.

The core problem though is really the power plant and its owner. Mirant’s behavior, in general, is deplorable. Mirant is a subsidiary of the worst corporate polluter in the country, Southern Corporation. It violated its permit level for NOx at all four of its corporation's coal-fired power plants in the D.C. area during this past summer’s ozone season. At Potomac River, Mirant emitted more than twice the amount allowed under its NOx permit of 1,019 tons during the summer ozone season. That is no rounding error, it is a blatant violation of its operating permit. In addition, I understand Mirant may be in violation of New Source Review requirements by substantially modifying its boilers to extend the life of this 1949 plant without installing the necessary pollution control equipment.

While I welcome the state’s efforts to block Mirant from using emission trading credits as a way to get out from under the state’s emission limits on its NOx permit, this revision falls far short of what is necessary to address a pattern of problems at the plant. It misses this most critical point: much of the analysis used to determine compliance with EPA air quality standards used incomplete abstract models based on the assumption the plant had a much taller smoke stack that would have dispersed pollutants over a much larger geographic area.

Instead, we have a plant without tall stacks operating within 300 yards of a 14 story apartment and condominium buildings.

Two Alexandria residents, at their own expense, recently hired Sullivan Environmental Consultants, Inc of Alexandria to conduct a screening-level modeling analysis of the plant and just one of the adjacent residential buildings. Sullivan Environmental Consultants found that the top floors of Marina Towers were subject to maximum exposure of the plant’s exhaust plume at least 1,200 hours per year. That is 50 days every year.

If the residents of the neighboring condominium and apartment building are in the direct path of emissions plumes from the plant, the 1019 tons per summer limitation may be insufficient to safeguard public health. If this plant has allowed uncontrolled emissions increases in violation of the Clean Air Act’s New Source Review requirements, then its NOx emissions could well be unlawfully high year round. The state permit may need to set limits on what the plant can emit during the rest of the year, not just a summertime limit. And, perhaps it needs to set an even lower limit during the summer ozone season.

Moreover, the NOx violations may be just one of what could be a number of violations of the National Ambient Air Quality Standards (NAAQS). These include including standards for sulphur dioxide (SO2), carbon monoxide (CO), particulate matter (PM10), and volatile organic compounds (VOC) may also have been violated. At a minimum the plant warrants further review of state air toxic guidelines for mercury (72 pounds), cadmium, arsenic and lead (40 pounds). Unless you assume all emissions traveled straight up before dispersing into the atmosphere, there is a very high probability that elevated levels, concentrations above EPA’s standards for safe exposure, are hitting these residents on a daily basis.

Reviewing the Department of Environmental Quality’s emission statement certification data of March 28, 2003, we find that the Potomac River Plant emitted an estimated 16,120 tons of SO2 last year, 241.8 tons of carbon monoxide, 588.3 tons of PM10, 33.9 tons of VOC, 644.7 tons of non-VOC hazardous air, 0.2 tons of lead and 72 pounds of mercury. Sullivan Environmental consulting made a rough calculation on SO2 emissions and found that 16,120 tons per year translates into 3,865 micrograms per cubic meter/day. EPA’s ambient air quality standard for SO2 is for no more than 360 micrograms per cubic meter per day within a 24-hour period. In other words, the concentration levels of SO2 that may be found on the top floors of Marina Towers may be 10 times higher 24 hours a day than what EPA allows to exist at any moment within a 24-hour period.

The state needs to step forward to determine if Marina Tower’s residents and other neighbors are being exposed to unhealthy air.

The plant is producing hot spots of elevated emission levels of these hazardous chemicals in local residents’ homes. The Virginia Department of Environmental Quality needs to abandon its incomplete model, set up actual monitors, track emissions and measure actual concentration levels of the harmful air pollutants and the downright hazardous ones and determine if EPA’s air quality standards are being met.

Until this action is taken, I don’t see any rationale for proceeding with revisions to the plant’s operating permit. In fact, to do so under these circumstances, would be unconscionable.

It is also my understanding that the state has entered into closed negotiations with Mirant to determine the penalty for violations of the summertime NOx limits. Under state law, the Potomac River Plant can be fined up to $25,000 per day. Mirant made a bad deal when it bought these out-dated power plants from Pepco and guaranteed a discounted rate for the power it sold back to Pepco. It is losing money on this deal and has already filed for bankruptcy in an attempt to get out from under the terms of its sales agreement. It’s my guess that Mirant is cranking out as much power as it can to maximize its revenue.

Area residents are paying the price in unhealthy air and poor quality of life. The state should not side with this company and help it through a difficult financial time. The public’s health should come first.