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Environmental and Public Protection Cabinet
Hearing officer recommends remand of air permit for Thoroughbred Generating Plant
FRANKFORT, Ky. (Aug. 9, 2005) - An air quality permit for the proposed Thoroughbred Generating Station, a coal-fired power plant in Muhlenberg County, should be remanded, a state administrative hearing officer recommended today.
Janet C. Thompson, of the Office of Administrative Hearings (OAH), released her report today to the Environmental and Public Protection Cabinet's (EPPC) Division for Air Quality (DAQ), which issued the permit, and to parties that challenged the permit with an appeal - the Sierra Club, Valley Watch, Inc. of Evansville, Ind., and three individuals.
Peabody Energy applied for the air quality permit for the 1,500-megawatt Thoroughbred plant in 2001. DAQ issued the permit in 2002 after conducting public hearings and receiving public comment on a draft permit.
The hearing officer recommended remanding the permit to DAQ for re-evaluation of the best available control technology required for minimizing pollutants from the plant, including evaluation of clean coal technologies, coal washing and the blending of lower-sulfur coal. The hearing officer also recommended further analysis of impairments to visibility, soils and vegetation from the plant and implementation of more stringent enforcement conditions.
DAQ, Peabody, the Sierra Club, Valley Watch and the citizens now have 14 days to review the hearing officer's report and file exceptions to the recommendations. After that, the entire case will be sent to EPPC Secretary LaJuana S. Wilcher for her review. Wilcher will make a final determination on the permitting issue. Those contesting the permit could appeal an adverse decision to Franklin Circuit Court.
The OAH is an independent administrative section of the EPPC with responsibility to hold administrative, adjudicatory hearings upon the filing of a petition or complaint on matters relating to air, water, waste and surface mining. Hearing officers recommend to the cabinet secretary what final action should be taken on the petitions or complaints.
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