Judges Recommend Tenaska Coal Plant Permit Not Be Granted As Is

The Administrative Law Judges (The Judges) who heard the case against the proposed Tenaska Coal Fired Power plant ruled Friday that Tenaska’s air permit should not be granted as it stands!

“The Administrative Law Judges (ALJs) have concluded, based on their review of the evidence and applicable law, that Tenaska failed to meet its burden of proof to demonstrate that the emissions limits proposed in its Draft Permit will meet the requirements for Best Available Control Technology (BACT) and Maximum Achievable Control Technology (MACT).  The ALJs recommend that the Commission adopt more stringent emissions limits as indicated below.  Alternatively, the ALJs recommend that the Commission deny the Application or remand the matter for further evidence regarding BACT and MACT.”

While we all know there is no such thing as “clean coal” Tenaska claims that they would be one of the cleanest around, yet the judges recommended lower limits for almost every pollutant that Tenaska would emit.

The proposed Tenaska coal plant, if built, would be a 900 MW coal plant that would emit:

Citizens pack a town hall in Abilene - the majority are against the proposed plant.

Sulfur Dioxide: 2,183 tons/year; Nitrogen Oxide (forms Ozone):1,819 tons/year;Particulate Matter:1,092 tons/year;Mercury: 124 lbs/year.

We commend the Judges for following the law and working to make sure the Clean Air Act is followed.  The important thing to remember, folks, is that this is a “recommendation” to the Texas Commission on Environmental Quality (TCEQ), not a binding ruling.  So when the TCEQ commissioners make the decision on the Tenaska air permit they will have the opportunity to do the right thing for the health of Texans and deny the air permit!

We don’t need another coal plant in Texas.  Instead we should be investing in renewable energy technology like wind and solar which Texas is so ripe for!


By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We arePublic Citizen Texas.