Power Plant Without Operational Permit Since 2008; EPA Takes Blame

UPDATED DEC. 7 (See additions in bold)

power plant, the subject of an unfavorable NPR report last month, has not had an operational “Title V” permit since 2008.

A GenOn representative said that the power plant has submitted applications for testing from the Ohio EPA, but there is a testing backlog at the EPA preventing the test from being completed.

Councilwoman Jennifer Fenderbosch said at the last meeting that stack tests were last completed on Sept. 25, 2007 and they passed.

“A number of industries are operating under expired permits,” Fenderbosch said. “Ohio and Federal EPA don’t have the manpower for testing. GenOn has applied for permits; Ohio EPA has not processed the permit.”

According to the Ohio EPA, Title V of the Federal Clean Air Act “requires EPA and states to implement an air operating permit program that applies to major sources of air pollution as well as other designated non-major source types.”

GenOn’s Mark Baird, the director of external affairs, said his company has filed for the permit.

“The plant is still regulated,” Baird said. “These permits are filed. It takes some time for it to get through the office and have them come back. Once our permits expire, we file for a renewal in a timely manner.”

Having the operational permit satisfied with a test is up to the EPA and Baird said the state takes longer to process them. 

“It’s up to them to get back to us,” he said. “We’ve done everything in a timely manner. We’re awaiting on them.”

Although he was not sure what the testing involved, Baird stressed that the plant is fully compliant.

“We file our emissions on a regular basis,” he said. “It’s not unreported. We’re absolutely in compliance.”

Mike Settles, a spokesperson with the Ohio EPA said the permit expired on June 20, 2008. GenOn submitted for a renewal permit in November of 2007.

Settles also said a plant operating without its Title 5 permit was not uncommon.

 “They have done everything they should,” he said. “They are still required to operate under the terms and conditions of the prior permit.”

He said the plant was fully regulated and the plant has received no notices of violations issued for a number of terms from the Ohio EPA. Settles said the EPA is scheduled to conduct particulate testing of both boilers in the spring.

"Our Division of Air Pollution Control tells me GenOn is not behind on any required emissions testing," he said. 

Baird was critical of the NPR report that discussed the federal violation.

“The report said the proper pollution control was not installed,” Baird said. “We’re in disagreement with he (Federal) EPA. “We’re saying (the changes) were maintenance work. It wasn’t a case where plant changed how it operated.”

Baird said the Federal EPA believes changes made to the plant were major and would require upgrades, including scrubbers. GenOn is saying a portion of equipment (maintenance) needed to be replaced and they believe they’re in compliance.