WolfeNotes.com

One Salem County enforcement action does not accurately reflect the bigger air pollution picture
I just received the below DEP press release – last week, I wrote about major new DEP air pollution rules that would impact this same Salem County coal power plant, plus almost 200 other major sources across the entire state. See: DEP cracks down on air polluters – Dirty coal, industry, and power plants http://blog.nj.com/njv_bill_wolfe/2008/08/dep_cracks_down_on_dirty_coal.html

The Conectiv Deepwater Generating Station, located next to the Delaware Memorial Bridge in PennsvilleBill Wolfe

Could that timing be a coincidence, or is DEP seeking to divert attention from the bigger picture?
With respect to that bigger picture, I guess DEP would prefer to talk about one relatively minor enforcement action, and not these inconvenient facts:
1) scores of NJ power plants that are violating the Clean Air Act; or
2) the entire state of NJ is not in compliance with Clean Air Act standards; or
3) DEP has consistently blamed out of state pollution for NJ’s problems; or
4) DEP has consistently claimed (falsely) that NJ industries are strictly regulated, when in fact over 100 major sources don’t meet federal RACT standards, or
5) there are severe public health impacts associated with failure to enforce these standards on NJ polluters.
By failing to publicize this major new rule proposal and instead issuing today’s press release, DEP seems to be trying to limit the focus on enforcement action at this one plant. The DEP enforcement action was issued for violation of acid gas limits, not for other pollutants NOx, SOx, mercury, many other “hazardous air pollutants”, or green house gas limits DEP has failed to establish. (despite having regulatory authority to do so since 2004). But we don’t have just one rotten apple – the whole barrel has problems:
And Just in case DEP claims there is no relationship between today’s enforcement action and the proposed new RACT rules – this excerpt from the rule proposal connects the dots:
“The proposed rules would cause Conectiv to install reasonably available control technology at its Deepwater coal-fired boiler and incorporate standards that are consistent with the updated air pollution controls that have already been required at other New Jersey coal-fired boilers. The fact that these standards have already been used extensively at facilities in New Jersey underscores the fact that these technologies are reasonably available. Promulgating maximum allowable emission rates in rules for all existing coal-fired boilers serving EGUs meets the requirements of the Federal Clean Air Act and communicates to other states the emission rates that New Jersey considers reasonable for existing EGUs with respect to ozone nonattainment, PM2.5 nonattainment, and control of regional haze.”
(see age 10 of http://www.nj.gov/dep/rules/proposals/080408a.pdf
From: “depnews depnews”
Date: September 18, 2008 10:30:28 AM EDT
To:
Subject: DEP Release: Conective Enforcement Action
Reply-To: do_not_reply@highpoint.state.nj.us
IMMEDIATE RELEASE:
Sept. 18, 2008
Contact: Elaine Makatura (609) 292-2994
Lawrence Hajna (609) 984-1795
CONECTIV POWER PLANT IN SALEM COUNTY FACES $5.3 MILLION FINE, PERMIT LOSS FOR ONGOING DISCHARGES OF HAZARDOUS AIR POLLUTANT
(08/47) TRENTON – The Conectiv Deepwater Generating Station in Salem County faces $5.3 million in fines and the loss of a permit needed to operate its primary generator as the result of its continued failure to address excessive emissions of a hazardous air pollutant, Department of Environmental Protection Commissioner Lisa P. Jackson announced today.
“We are imposing these stiff sanctions because this company has been repeatedly recalcitrant when told to correct this problem,” Commissioner Jackson said. “Compliance is DEP’s first priority here and elsewhere.”
Between December 2007 and April 2008, Conectiv ignored DEP orders to resolve problems with excessive emissions of hydrogen chloride from the boiler for the primary generator at the power plant, located in Pennsville adjacent to the Delaware Memorial Bridge.
The violations and penalties are detailed in an Administrative Order of Revocation and Notice of Civil Penalty Assessment issued against Newark, Del.-based Conectiv. The order specifically cites the company for exceeding the rate of emissions allowed in its permit on 106 days during this period. The company has taken no steps to correct the problem.
The DEP has ordered Conectiv to adhere to the hydrogen chloride limits in its permit or face revocation of the operating permit for the boiler effective Oct. 21. Operation of the unit after that date will result in additional penalties. Conectiv must conduct additional stack tests for hydrogen chloride within 45 days of receipt of the administrative order.
Coal is the primary fuel source for the boiler. When burned, coal releases chloride that combines with hydrogen in the air. The hydrogen chloride that results can mix with moisture in the air to form hydrochloric acid aerosol, a respiratory irritant.
Installation of state-of-the-art pollution controls for acid gases would resolve the hydrogen chloride problem. Conectiv has the right to request a hearing before the Office of Administrative Law.
For a copy of the order, go to: http://www.nj.gov/dep/newsrel/2008/conectiv.pdf
End Note: Don’t be fooled by DEP’s press release headline use of “Hazardous air pollutant” with respect to HCl, which tends to exaggerate both the actual risks of HCl and the aggressiveness of DEP’s enforcement of clean air and HAP standards. First of all, NJ – statewide – exceeds EPA cancer risk benchmarks for 19 far more significant “hazardous air pollutants” than HCl, as well as ozone and fine particulates (PM 2.5). This enforcement action must be taken in that context – here is source for HCL risks:
“However, HCl is fairly short-lived in the atmosphere (one to five days)since it is very soluble and reacts readily with ammonia (NH3) or alkaline cations such as Ca or K to form chloride salts. Therefore, even though the mass of HCl emitted may be substantial, the actual impacts of these emissions may not be significant. For example, data from the National Atmospheric Deposition Program (NADP) National Trends Network (Figure 1-1) deposition monitoring network over the years indicates that chloride ion deposition is strongly influenced by sea salts, rather than
simply point sources of HCl emissions (NADP/NTN 1998). This is in contrast to sulfate deposition, for example, which clearly shows point source influences (Figure 1-2).
EPA did not identify exceedances of any HCl health-based standards in the health risk studies reported in the Utility HAP Report (EPA 1998). Further, although the amount of HCl emitted from coal-fired units is greater than any other HAP emitted, the Utility HAP Report indicates that the associated risk of impact to health and the environment for HCl is relatively low. The World Health Organization concluded in a review of HCl that there are no mutagenic, carcinogenic, or teratogenic effects related to HCl (EPA 1998). However, EPA acknowledged that HCl and HF may contribute to acid deposition and to fine particulate matter and visibility issues, to some degree. EPA identified several areas of additional research that the Agency suggested could assist in developing a better understanding of the impacts of HCl and HF emissions from utilities.
Source: Maryland DEP: http://esm.versar.com/pprp/hcl/pprp-118pdf.pdf