Environment DEC

From the June 2007 issue
State Reaches Historic Agreement With Mirant Over Lovett Power Plant

DEC Commissioner Grannis was among the many dignitaries who spoke at the announcement of the historic agreement
Attorney General Andrew M. Cuomo and state Department of Environmental Conservation (DEC) Commissioner Pete Grannis recently announced an innovative agreement with Mirant New York, Inc. that will result in immediate air pollution cuts of almost 50 percent from the Lovett coal-fired power plant, improve air quality throughout the region, and preserve the local economy. The agreement enforces and holds the company accountable to its 2003 Clean Air Act consent decree entered into by Mirant and the state.
Many Helped Win the Agreement
At the announcement in Stony Point, Attorney General Cuomo and DEC Commissioner Grannis were joined by State Senator Tom Morahan, Assemblywoman Nancy Calhoun, Assemblyman Ken Zebrowski, Jr., Assemblywoman Ellen Jaffe, Town of Stony Point Supervisor Philip Marino and Town of Haverstraw Supervisor Howard Phillips, Jr. Attorney General Cuomo praised them all for their hard work in helping to bring today's deal to fruition.
Governor Eliot Spitzer said, "The resolution of this case will mean cleaner air and fewer cases of respiratory diseases in the Hudson Valley and beyond. This is an outstanding example of the benefits of enforcing the Clean Air Act. Attorney General Cuomo and I are committed to making cleaner air for all New Yorkers a continuing priority of our efforts."
DEC Commissioner Grannis said, "Today marks another important step in the state's efforts to create a cleaner, healthier Hudson Valley. By requiring the Lovett power plant to shut down and securing a $1 million contribution from Mirant for clean energy projects, DEC has taken action that will improve air quality and help the residents of northern Rockland County."
Key Details
The agreement, which is subject to court approval, dictates that:
- Unit 4 was shut down at midnight, May 7, 2007;
- Unit 5 will continue to operate until April 30, 2008;
- Mirant will provide $1 million to fund energy conservation and efficiency projects for North Rockland County, and
- Under a separate agreement, also subject to court approval, Mirant will not challenge tax assessments for 2007 and 2008 for the Town and Village of Haverstraw and the Town of Stony Point.
Mirant New York, Inc. a subsidiary of Mirant Corp., based in Atlanta, entered into a consent decree with the state in 2003 to install new equipment that would reduce nitrogen oxide emissions by at least 75 percent and reduce sulfur dioxide emissions by at least 40 percent or shut down the units producing the pollution. Sulfur dioxide and nitrogen oxide are linked to acid rain and smog, as well as asthma and other respiratory diseases. The American Lung Association recently gave the lower Hudson Valley an "F" for air quality because pollution levels exceed federal standards.
At the Lovett plant, the state charged in 2003 that then owner Orange and Rockland Utilities violated the federal Clean Air Act by making major modifications to the coal plant without also installing "best available control technology," as federal law requires. As current owner, Mirant was responsible for installing the enhanced pollution controls.


