By Meghan Oliver

Sentinel Staff Writer

Maryland's Attorney General Joseph Curran, Jr., along with representatives of Pennsylvania, New Jersey, Connecticut and New York, filed a federal lawsuit June 28 against Allegheny Energy, Inc., charging that the corporation's three coal-fired Pennsylvania power plants violate the Environmental Protection Agency's (EPA) Clean Air Act. The pollution from the plants is believed to be damaging the air quality in Maryland, as well as the Chesapeake Bay.

The lawsuit, filed in U.S. District Court, Western District of Pennsylvania, alleges that while modifications have been made to these power stations in an effort to increase their output, emissions equipment to meet pollution control standards as required by the Clean Air Act's New Source Review (NSR) provisions has not been upgraded accordingly.

The NSR is a preconstruction permitting program that requires additions and modifications to such power stations do not "significantly degrade" the air quality, or slow the progress to cleaner air if the specified area's air is already deemed unhealthy. The program also serves to assure people that local power stations will be as clean as possible, and that a station's expansion will mean an increase in its air pollution controls.

Curran issued a statement in which he declared the necessity of Allegheny Energy, Inc., to follow the NSR guidelines.

"Fair and uniform application of the nation's clean air laws, which is the goal of this litigation, will significantly advance Maryland's efforts to attain the federal ambient air quality standards," he said.

Kevin Enright of Curran's office said Allegheny is in direct violation of the NSR provisions, an issue he explained the federal government had been looking into but was "abandoned" by the Bush administration.

Enright said that 70 percent of Maryland's air pollutants come from sources outside the state, such as Allegheny's power plants.

"We know they need to reduce emissions of air pollutants," Enright said. "New Source Review is a preconstruction permit review process that should take place prior to the modification of a source."

Allegheny Energy disputes these claims that the company is failing to meet current pollution control standards.

Spokesman Allen Staggers of Allegheny Energy said the upgrades made to the plants have been "routine" and therefore do not fall under the NSR, which, he explained, requires advances in pollution control only if a company is making "non-routine" modifications.

"This whole issue revolves around the interpretation of the New Source Review." he said.

Staggers said for Allegheny to make the emissions equipment upgrades required to meet the NSR, it would cost the company $2 billion. He said, however, finances only "partially" play a role as to why the company will not partake in the modifications.

"Our point of view is that the modifications we have done to our power stations meet the routine modifications required by EPA," Staggers said. He explained that through "routine maintenance repair and replacements," the corporation is keeping in line with federal emissions regulations.

Staggers went on to say that the company will be installing new equipment that will meet those requirements of new emissions regulations the EPA introduced this year, such as further reducing emissions of mercury.

Enright said regular maintenance is not enough, and that "since these modifications produce additional air pollution," they must comply with the NSR standards.

"These companies should already be in compliance. The sooner the better."