Court Invalidates Air Permit For Virginia City Coal-Fired Power Plant

ABINGDON, Va. – Despite a court ruling invalidating one of the air permits issued to the Virginia City Hybrid Energy Center, the coal-fired power plant will be completed on schedule, Dominion Virginia Power officials vowed Tuesday.

“Dominion is pleased that today’s decision upholds virtually all of the conditions in both air permits, which may be the most stringent in the country,” the power company said in a written statement released in response to the court ruling. “We expect the remaining issue regarding mercury emissions will be resolved in a manner that will allow the Virginia City Hybrid Energy Center to be completed on schedule.”

While affirming the main air permit for the plant, under construction outside St. Paul in Wise County, Va., the Richmond Circuit Court issued a ruling Tuesday invalidating the second air permit, which controls mercury emissions. Both permits are required for construction.

In her ruling, Circuit Judge Margaret P. Spencer agreed with the environmentalists’ argument that an “escape hatch,” which would have allowed loosening of emission restrictions after the plant is operating, is unlawful.

“The establishment of a flexible ‘limitation’ with an ongoing analysis … is not a limitation determination prior to construction of a facility, as required by law,” Spencer wrote.

The court’s decision came in response to a legal challenge made by a coalition of environmental groups after the permits were granted last year by the State Air Pollution Control Board.

Cale Jaffe, who argued the case for the Southern Environmental Law Center and other groups opposing the plant, called the ruling a victory, as did Kathy Selvage, vice president of Southern Appalachian Mountain Stewards, which is based in Big Stone Gap.

“I think what it means to the citizens of Wise County is that they will have cleaner air to breathe; it will have less mercury in it,” Selvage said. “There will be less mercury deposited into the soil in which we grow our gardens, there will be less mercury deposited into one of our best natural assets, which is the Clinch River, but overall there will be healthier children and grandchildren in Southwest Virginia because of this ruling.”

According to the statement from Dominion, the company does not object to removing the “escape hatch” from the permit.

Greg Edwards, spokesman for Dominion, said the $1.5 billion power plant project is more than one-third complete.

The court affirmed the issuance of the permit governing other emissions for the plant, rejecting environmentalists’ assertion that, among other things, it violated the Clean Air Act by failing to set limits for carbon dioxide emissions.

“There is no legal requirement that the board conduct a best available control technology [BACT] analysis for carbon dioxide,” Spencer wrote, “because carbon dioxide is not subject to regulation under the Clean Air Act.”

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