David joined other City of Alexandria officials and local clean air activists to testify before a special meeting of the State Air Pollution Control Board yesterday, resulting in a victory for our community in our ongoing efforts to force the cleanup of the Mirant Plant — the dirty coal-fired power plant on the Old Town waterfront.
Roger Waud, president of the North Old Town Independent Citizens Association, provided the following update from the meeting:
The Virginia State Air Pollution Control Board convened an emergency meeting at the Lee Center in Alexandria at yesterday to consider whether the Mirant Plant’s ongoing stack merge construction project requires a new source review permit under the Clean Air Act, as the City argued, or was exempt from a permit requirement, as Mirant and the Virginia Department of Environmental Quality (DEQ) staff argued. The meeting finally ended about 9 p.m. when the Board ultimately voted three to one that the stack merge does require a permit, and directed the DEQ Director to take enforcement action to stop the ongoing construction activity being conducted by Mirant. The Board granted Mirant 24 hours to voluntarily cease and desist its illegal activity. If construction of the stack merge project is to resume, it will only occur under permit conditions approved by the Board to protect the public health and environment.
In reaching its decision the Board heard testimony from Mirant, the DEQ, several citizens, the City’s entire team of staff and consultants, as well as Tim Aiken from Congressman Moran’s office, State Senator Ticer, State Delegate Englin, Vice Mayor Pepper and Councilman Smedberg. The City’s team made an outstanding presentation which gave the Board a scientific and legally sufficient basis for its decision. Citizen testimony reenforced the evidence that Mirant has knowingly and willfully been engaging in stack merger construction activity, not mere “staging” in preparation for such construction as it has falsely claimed. Public officials Aiken, Ticer, Englin, Pepper, and Smedberg all spoke eloquently to the hurtful impacts of the plant and stack merge project on the City and region, and the need for strict adherence to the Clean Air Act’s protective requirements. In addition to claiming it doesn’t need a construction permit, Mirant argued that it wants to overhaul the plant so that its emissions are released higher into the atmosphere, a move which it says will reduce down-wash pollution in surrounding neighborhoods. But residents and the City say the plant should be forced to do a more drastic cleanup. Moreover, Board members, as well as the City’s team argued that the stack merge as currently designed would most likely actually increase the volume of hazardous pollution emissions. This would only worsen air quality in Alexandria and the surrounding DC metro area which is already classified as a “non-attainment area,” meaning the air quality does not meet National Ambient Air Quality Standards (NAAQS). The Mirant plant is the largest single source polluter inside the beltway.
While the Board’s decision was a most favorable outcome from the City’s perspective, Mirant will no doubt continue its legal battle, as it has consistently done in the past, so continued vigilance by the City and its residents will yet be required.
The Board will again take up the Mirant permit at its October meeting, and City staff and consultants will continue to monitor and participate in the review process, in order to protect the City’s and its citizens’ vital interests.