TECO DEP release

For Immediate Release: December 7, 1999
Contact: MJ Williamson
(813) 286-1226

Consumer Group Denounces TECO Deal

State’s Worst Air Polluter Reaches Quick, Easy Settlement With State DEP

Tampa – The Florida Consumer Action Network today reacted with surprise and displeasure at the announcement that Florida Department of Environmental Protection had filed and settled a complaint today in the thirteenth judicial circuit in Hills borough County. The suit alleges

that TECO made modifications to its generating stations at Big Bend and Gannon in Hillsborough County without proper permitting and review
that these modifications were made without installation of the emission-control technology required by Florida statutes, and
that as a result of these unlawful modifications and lack of mandated emission controls, sulfur dioxide, nitrogen oxide and particulate matter have been and are being released and are aggravating air pollution.

"David Struhs and DEP are charged with protecting Floridians from bad actors who would pollute our air with impunity," said FCAN Executive Director Patricia Kemp, upon reading the consent final judgement. "This document protects the polluters."

The lawsuit, which was filed and settled today, addresses some of the same violations TECO is fighting in Federal court. At issue is how many times the company may modify its old, coal-burning power plants before they should be considered rebuilt, and therefore subject to the same pollution standards that would be applied to a new source.

"TECO’S plants at Big Bend and Gannon are dilapidated old dinosaurs," stated Kemp. "The grandfather loophole was meant to give a temporary break to plants that were nearing the end of their lifetimes. That was thirty years ago, and the time for special deals for dirty energy is over.

EPA has expressed alarm at DEP’s lighthanded treatment at what was called "serious and longstanding violations of air pollution law." Assistant Administrator Steve Herman issued a statement that expressed profound disappointment at DEP’s compromise, which he termed "seriously flawed," and pledged that EPA will "vigorously" continue pursuit of its case."

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FCAN is a statewide nonprofit consumer and environmental organization representing over 40,000 member Floridians. FCAN has been involved for two years in a campaign to close the loophole in the Clean Air Act that allows older plant to pollute in excess of current standards.