Update: November 2010
The Pennsylvania Department of Environmental Protection released a notice that it will hold a public meeting to answer questions and take testimony concerning Wellington Development’s application to extend and modify the Plan Approval for the proposed Greene County coal plant. The meeting will take place at 6:00 p.m. on December 7, 2010 at the United Mine Workers Hall located at Pershing Blvd., Nemacolin, PA.
The DEP intends to approve Wellington’s request to extend the Plan Approval by five years and modify certain permit conditions to limit emissions of hazardous air pollutants, which will keep the facility below major source thresholds and thus avoid installing costly control technologies.
Update: August 2010
On May 11, 2010, the Pennsylvania Department of Environmental Protection issued a Coal Surface Mining Permit to Penn Development Services allowing the company to conduct coal surface mining operations at the site of Wellington’s proposed Greene County plant, a 580 gross MW coal plant consisting of two CFB boilers designed to burn dirty waste coal. Wellington received a construction permit for the proposed plant back in June 2005, but construction activities at the site were halted in June 2009 when the developers uncovered a 500-ton coal vein at the property. The department also issued a water pollution control permit for the mining activities the same day. A few days later, Penn and Wellington signed a Consent Assessment of Civil Penalty, agreeing to pay the state a $60,000 fine for unlawful activities related to its previous construction at the site. Back in June 2008, the PA DEP extended Wellington’s construction permit until 2011 and informed Wellington that it needed to submit an application for MACT approval, which is currently in the permitting process. In January 2009, Wellington requested another extension of its construction permit to 2014, which the department has not acted on yet. It is unclear when the department will issue a draft permit for notice or comment and make its decision on the permit extension.
Update: March 2010
Mercury is a dangerous pollutant common around coal power plants. If exposed, humans risk serious health problems. Pennsylvania is home to four of the top 50 worst coal power plants for mercury emissions, including one in Greene County. The people of Green County deserve clean drinking water. Building yet another dirty coal plant in their backyard is unnecessary and dangerous.
Update: June 2009
All construction at this site has been halted! While clearing lands for the boilers developers discovered a 500-ton coal vein. This means that PDEP must now go back and determine if the existing permit allows for mining or if Wellington must apply for a new mining permit before they can continue. PDEP has not made any decisions yet and all work at the site has been stopped indefinitely.
Update: July 2008
On June 27, 2008, the Pennsylvania Department of Environmental Protection (DEP), in response to Public Justice’s expert report, ordered Wellington Development to submit an application for a Maximum Achievable Control Technology (MACT) determination for the proposed Greene County plant. The company must now include a plan to control mercury and other toxic emissions from the plant in order to meet MACT standards. On the same day, the Pennsylvania DEP issued an extension for Wellington Development’s permit approval expiration date.
Update: June 2008
In April, 2008 Wellington Development requested that the Pennsylvania Department of Environmental Protection allow them to extend their permit approval expiration date by a full six years. The Sierra Club, along with National Parks Conservation Association, Chesapeake Bay Foundation, and Group Against Smog and pollution previously submitted comments objecting to this request, and urging the PA DEP to allow for a 30-day comment period, giving the public an opportunity to weigh in. It seems that the DEP won’t be scheduling any such comment period, so on June 18th Public Justice, the organization representing the Club and other groups, submitted an extensive expert report examining the use of Maximum Achievable Control Technology (MACT) to control toxic mercury emissions at the Wellington Greene County plant. In order for Wellington to continue with their proposed plant, the letter notes that Wellington "must submit a new application for Plan Approval that meets both BACT (Best Achievable Control Technology) and MACT standards and Pennsylvania law and policy."
Update: May 2008
On May 13, 2008 Judge Maurice Cohill of the United States District Court for the Western District of Pennsylvania ruled to dismiss the Sierra Club's case against Wellington. Despite this decision, the Sierra Club and it's allies will continue to fight for clean air and healthy communities in Pennsylvania. The Club, represented by Public Justice, has sent several letters to the Pennsylvania Department of Environmental Quality urging them to revoke Wellington’s Plan Approval due to the fact that it does not contain a MACT, or Maximum Achievable Control Technology, determination for mercury, as required by the Clean Air Act.
Update: February 2008
On February 28, 2008 the Sierra Club, National Parks Conservation Association, Group Against Smog and Pollution and the Chesapeake Bay Foundation took legal action against Wellington Development's proposed Greene Country coal-fired power plant. In their challenge the groups cited Wellington's failure to begin construction in accordance with the time limitations set out in their permit from the Pennsylvania Department of Environmental Protection (DEP). In addition, this coalition has asked the PA DEP to revoke Wellington's permit because it does not take into account the stricter emission standards on toxic mercury made law by a recent court decision.
Update: July 2007
After a lengthy appeals process before the Pennsylvania Environmental Hearings Board, in February The Group Against Smog and Pollution (GASP) appealed to the Pennsylvania Commonwealth Court. Unfortunately the local group, who have been extremely active in efforts to oppose this new, dirty energy source, lost the appeals. According to a local source, as of July 2007 Wellington has broken ground but no construction has begun.
Background
Wellington Development has obtained a permit to construct a 580 megawatt waste coal burning facility in Cumberland Township, Pennsylvania. A group of individuals, the National Parks Conservation Association, and the Group Against Smog and Pollution have filed a legal challenge to the permit. The US Forest Service and the National Park Service state that the waste coal plant will cause damage to national parks and forests as far away as 60 to 100 miles. The comments of these organizations as well as many others, including the PA Chapter of the Sierra Club, can be found here.
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