SalemNews.com, Salem, MA

Local News

April 21, 2010

Environmental group files to sue city plant

SALEM — The Conservation Law Foundation yesterday filed an amended notice of intent to sue the owner of the Salem power plant for alleged violations of the federal Clean Air Act.

The private environmental watchdog agency, which filed its original notice in January, said the plant had 31 violations of federal "opacity" regulations in the fourth quarter of 2009, bringing the total for the past five years to 317. The agency said it based its claim on data the plant submitted to federal agencies.

The alleged violations carry penalties of nearly $10 million, the CLF said.

Opacity is a measure of the darkness of the plume coming out of the plant's smokestack, an indication of the amount of soot, or small particles, in the emissions, a spokesman for the CLF said.

"They are not monitoring on a regular basis their emissions of particulate matter, and we know particulate matter is one of the most dangerous pollutants that are emitted," said Shanna Cleveland, a CLF attorney.

A high level of particulates can cause heart and lung problems, she said.

Dominion, the owner of the coal and oil-fired plant, said it will respond once a lawsuit is filed.

A spokesman in Virginia, Dominion's headquarters, said the Salem plant "operates in compliance with federal and state environmental regulations, including those of Massachusetts, which are among the most rigorous ... in the country."

Three locals groups joined the CLF as co-plaintiffs — HealthLink, the Wenham Lake Watershed Association and A Vision for Salem.

The CLF said it plans to file its complaint in June in U.S. District Court in Boston and with the Environmental Protection Agency.

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