The key tool for federal regulators to ensure power plants are not violating air pollution standards are permits issued by the states, but the U.S. Environmental Protection Agency doesn't keep any data to ensure utilities are properly permitted, a new audit finds.
The Environmental Protection Agency is unable to tell if all of the nation's gas and coal power plants are complying with federal pollution laws because it does not maintain a centralized database of permits, the Government Accountability Office has found.
The failure to do so could mean that some plants are operating without permits, GAO said, because EPA typically does not discover violations until it conducts complex investigations.
In a report delivered late last month to Senate Environment and Public Works Oversight Chairman Sheldon Whitehouse, D-R.I., GAO said EPA has failed to establish a complete record of New Source Review pollution permits issued under federal authority by states and local permitting agencies.
The permits are required by law when a plant is built or when an existing plant undergoes major modifications. Even then, the plant owner is responsible for coming forward to seek the permit.
The agency was urged to address the shortcoming six years ago by the National Research Council, GAO said.
GAO staff also found that EPA does not know if its comments on permit applications are incorporated into the final permits issued at the state and local level.
"The absence of more complete information on NSR permitting makes it difficult to know which units have obtained NSR permits or to assess how state and local permitting agencies vary from EPA in their interpretations of NSR requirements," GAO said.
GAO noted that EPA has investigated most coal-fired power plants at least once and alleged noncompliance with the new source permitting process at more than half. Of 861 units investigated, a total of 467 were issued violation notices, were sued by EPA in court, or included in settlements that covered 263 units.
Those settlements resulted in owners having to install about $12.8 billion in new equipment that cut sulfur dioxide emissions by 1.8 million tons annually and nitrogen oxides by 596,000 tons annually, GAO reported.
EPA said in its formal comments to GAO that it is trying to improve the data going into its central permit clearinghouse, which currently has information on just half of the permits issued.
Still, it challenged GAO's recommendation that it consider setting up a new centralized information source among its regional offices and state and local permitting authorities, and develop a system for evaluating the effect of its comments on permit applications.
EPA said in some cases states and local agencies are not required to enter permit information into the clearinghouse. It also said the work of tracking permitting is handled by its regional offices, though GAO said those offices vary in the level of completeness.
Agency officials had no additional comment on the report.
Whitehouse said Tuesday that he requested the report as one of three to date to examine air pollution issues that affect Rhode Island, which is downwind from coal-fired power plants in states to the west.
"We're concerned about the prevalence of pollution out of the Midwestern coal belt because it lands on us, and it causes Rhode Island to have bad air days," he said.
"I'm really trying to build a factual record on what the situation is here so that we can begin to take action. It's just plain wrong for one state, to have lower electrical prices, to pollute another state and cause people to stay indoors," Whitehouse added.
Whitehouse said, however, that he has not determined what action he will take, if any, in his subcommittee in reaction to the reports.
The full report can be seen here.
The Government Accountability Office is the main auditing and investigative arm of Congress, studying issues of policy, regulation and compliance.
The Environmental Protection Agency is a Cabinet-level federal agency that regulates environmental policy and safeguards against pollution.
The Senate Environment and Public Works Oversight Subcommittee is the Senate's main investigative panel for environmental issues.
