Ohio residents will breathe more easily due to a settlement reached today that restricts pollution from the State’s largest power plant. The American Electric Power Company (AEP) agreed to reduce the amount of sulfuric acid emitted from the coal-fired Gavin Power Plant in Cheshire, Ohio. AEP’s agreement was the result of a lawsuit filed by Trial Lawyers for Public Justice (TLPJ) on behalf of 94 Ohio residents suffering health problems from the sulfuric acid plumes. The suit did not seek damages for personal injuries; its goal was to reduce the pollution and allow the residents to stay in their homes.

The new health risks at the coal-fired power plant began in May 2001, when AEP installed a pollution control device known as Selective Catalytic Reduction. Although the device reduced nitrogen oxide emissions, sulfuric acid emissions skyrocketed. The Gavin Plant began spewing thick blue clouds of sulfuric acid that fell on surrounding neighborhoods causing health problems such as sore throats, mouth sores, eye irritation, difficulty breathing, and headaches. The problem was so severe that AEP bought out the Village of Cheshire in 2002 for $20 million and demolished most of the town’s homes. However, many families still live near the plant and still suffer from exposure to the plant’s toxic fumes. In 2002, 94 residents formed a group called Citizens Against Pollution (CAP) to fight for clean air in their community and were joined by TLPJ’s legal team in 2003. TLPJ is a public interest law firm based in Washington, D.C. 

“This is a significant victory for Ohio residents in the battle for clean air,” said Jim Hecker, TLPJ’s Environmental Enforcement Director and CAP’s co-counsel. “Power plant owners should know that, if they poison local communities and flout the law, citizens will fight back.” 

CAP filed a lawsuit in federal district court in Columbus in May 2004, charging AEP with violating several federal statutes and claiming that the plumes were a “substantial and imminent endangerment” to public health. The Gavin Plant burns more than 10 billion pounds of high-sulfur coal each year. Federal law states that facilities which release more than 1,000 pounds per day of sulfuric acid must promptly notify federal and local agencies so the government can respond and the public knows of the potential hazard. The lawsuit charged AEP with failing to report its releases and improperly claiming it was exempt from daily federal reporting requirements. The exemption only applies to releases that are “stable in quantity and rate.” CAP contended that the Gavin Plant’s sulfuric acid emissions starting in July 2001 were too unstable to exempt AEP from its daily reporting obligations. CAP also contended that AEP’s actual sulfuric acid emissions were even higher than the company’s reported daily maximum of 64,000 pounds per day. 

“The Gavin Plant’s toxic pollution was harming our families and the regulatory agencies did nothing to stop it,” said Buck Mulford, a Cheshire resident and CAP’s President. “We filed a lawsuit to protect our families’ health and force the power company to tell us how much sulfuric acid we were breathing.” 

The lawsuit went to trial in September 2006 but after CAP began presenting its case, the trial was suspended to allow the parties to discuss settlement. CAP and AEP reached an agreement, filed as a “consent decree” with the federal district court today. The settlement requires AEP to file a new report with the U.S. Environmental Protection Agency disclosing its current normal ranges for sulfuric acid emissions. During summer months, when weather conditions create the greatest risk of plume touchdowns, sulfuric acid emissions must be reduced to less than 50% of the amount reported by AEP in July 2001. The agreement also requires AEP to reduce sulfuric acid emissions in the winter months.  

“This settlement marks the first time that citizens have successfully used federal reporting and endangerment requirements to limit the emissions of sulfuric acid by coal-fired power plants,” said Hecker. 

To verify the stability of emissions and the accuracy of the figures AEP reports, the power company has agreed to conduct an intensive series of smokestack tests at the Gavin Plant in Summer 2007 to measure sulfuric acid emissions. AEP will conduct additional smokestack tests through April 2009. AEP will provide CAP with detailed reports that correlate sulfuric acid emissions with the plant’s operating conditions at the time of each test. AEP also will permit CAP to request additional detailed reports during the next two years – such as on days when CAP believes that sulfuric acid emissions may be high or may be harming the community. 

“We have a right to know how much pollution the plant is spewing on us,” said Stephanie Mulford, a Cheshire resident and CAP member who testified at the trial.  “This settlement will give us much more information to protect our families with and lets us force AEP to disclose its pollution records on days when we see problems. This settlement wouldn’t have occurred without the persistence and dedication of Paul Stinson, CAP’s former President. It saddens all of CAP’s members that Paul passed away in October and is not with us to share in this important achievement.” 

TLPJ worked on this landmark case for over three years. TLPJ’s co-counsel in the case are Ben Bailey of Bailey & Glasser in Charleston, WV and Sandra Becher Sommers of Kelley & Ferraro in Cleveland. A copy of the consent decree in Citizens Against Pollution v. American Electric Power Company is posted on TLPJ’s web site at www.tlpj.org.