The U.S. Department of Justice filed a Clean Air Act complaint on behalf of the U.S. Environmental Protection Agency against the owners and operators of the Homer City Generating Station, a coal-fired power plant in Homer City, Indiana County, Pa.

The facility is operated by EME Homer City Generation L.P. and currently owned by eight limited liability corporations. Prior owners, Pennsylvania Electric Co. and New York State Electric & Gas Corp. are also cited in the complaint.

Units 1 & 2 began operations in 1969; Unit 3 in 1977. Unit 1 has a capacity of 620 net MW; Unit 2, 614 net MW; and Unit 3, 650 net MW.

According to the complaint, beginning in 1990 the defendants violated the Clean Air Act New Source Review requirements by making major modifications to the boiler units at the power plant and continuing to operate without first obtaining appropriate permits and installing and operating the best available pollution control technologies to reduce sulfur dioxide and particulate matter.

In addition, the complaint alleges that the defendants have not disclosed the plant’s major modifications, the need for best available control technologies, nor the appropriate emissions limits in their request for a Title V operating permit from Pennsylvania’s Department of Environmental Protection. Also, the defendants’ Title V permit did not include the required limits on emissions that would be achieved using the best available pollution control technologies.

In its complaint, the government seeks injunctive relief requiring the defendants to comply with all applicable Clean Air Act requirements and a monetary penalty. 

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