The U.S. Environmental Protection Agency (EPA) has finalized a settlement with Applied Energy Systems Puerto Rico, LP (AES), requiring the company to operate monitors and pay a $3.1 million penalty for violations of the Clean Air Act (CAA) at its facility in Guayama, Puerto Rico. The EPA found that AES did not properly monitor mercury, particulate matter, and hydrochloric acid emissions and failed to report mercury emissions as required.
As part of the settlement, AES will address violations of the Mercury and Air Toxics Standards (MATS). The company has agreed to operate two recently installed mercury process monitors to support its system for removing mercury from emissions. Additionally, AES will post its MATS compliance reports and site-specific monitoring plan on its public website to increase transparency.
“This settlement underscores EPA’s commitment to hold companies accountable when they violate the Clean Air Act, and potentially put a community’s health at risk,” said Regional Administrator Lisa F. Garcia. “Toxic air pollution from power plants can make people sick and EPA is taking action to hold coal-fired power plants accountable.”
AES produces about one-quarter of Puerto Rico’s power via its coal-fired plant in Guayama. The plant's contract with the government calls for closure by December 2027. Any fossil fuel-fired combustion unit exceeding 25 megawatts must comply with MATS emission and operating limits.
EPA’s investigation revealed multiple alleged violations of MATS by AES, including failure to properly operate a mercury monitoring system at all times and non-compliance with mercury emission limits during March 17-21, 2022, and April 5-12, 2022. Additional failures included compliance with calibration, installation, maintenance, reporting requirements under MATS, and air permits.
Power plants are significant sources of emissions such as mercury and other toxic pollutants like arsenic, chromium, cobalt, nickel, lead, hydrogen chloride beryllium cadmium exposure which can cause various adverse health effects including lung irritation central nervous system damage kidney damage cancer.
Learn more about the EPA’s enforcement efforts on their website or follow EPA Region 2 on social media platforms.