In September, New York State announced it would sue 17 coal burning power plants in five states for clean air violations. Now, for the first time, the federal government is enforcing the Clean Air Act by filing suit against seven electric utilities in the Midwest and South. The U.S. Justice Department filed the suit on behalf of the U.S. EPA, charging that 17 coal-fired power plants illegally released massive amounts of air pollutants for years.
Under the Clean Air Act, older plants were not required to upgrade their air pollution control equipment in exchange for not increasing capacity. The EPA contends the plants did not live up to this agreement. The EPA hopes to force the facilities to upgrade pollution controls to reduce emissions of sulfur dioxide and nitrogen oxides that contribute to acid rain and smog.
Separate lawsuits have been filed against American Electric Power, Cinergy, FirstEnergy, Illinois Power, Southern Indiana Gas & Electric Company, Southern Company, Tampa Electric Company or their subsidiaries, along with an administrative action against the Tennessee Valley Authority.
The Clean Air Act authorizes civil penalties of up to $25,000 for each day of violation at each plant prior to January 30, 1997, and $27,500 per day for violations after that date.
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