FPP’s History of Violations

To the editor:

Here is a short history of FPP that our future County Judge should be aware of when representing us: The Fayette Power Project (FPP) has been cited for numerous alleged violations over the last decade, primarily driven by excessive particulate matter (soot) emissions and groundwater toxicity linked to coal ash storage. As of late 2025, the facility faces active litigation claiming it under-reported pollution events to avoid state fees, alongside confirmed reports of arsenic and cobalt leaching into local aquifers.

Major Violation Events (2016–2026)

Dec 2025 Federal Lawsuit: Unreported Emissions Environmental groups filed suit alleging the plant violated the Clean Air Act thousands of times. The suit claims FPP failed to report particulate matter spikes, depriving the state of over $561,000 in pollution fees.

2023 Sierra Club Haze Litigation FPP was named as a primary target in a lawsuit against the EPA for failing to enforce Regional Haze standards. The plant was identified as the 10th worst polluter in the region, contributing significantly to reduced visibility in national parks.

2022 Particulate Matter Exemption Suit A lawsuit challenged the TCEQ’s practice of exempting “opacity events” (soot releases during startup/shutdown) from regulation. Plaintiffs argued these loopholes allowed FPP to bypass pollution controls for hundreds of hours annually.

2019 Groundwater Toxicity Report The Environmental Integrity Project (EIP) analysis of monitoring wells confirmed that groundwater beneath the plant contained unsafe levels of arsenic, cobalt, and lithium leaking from coal ash pits.

Specific Pollutants & Risks

Arsenic & Cobalt: Groundwater: Found at levels exceeding federal safety standards in on-site monitoring wells.

Lithium & Sulfate: Groundwater: Recorded at 3x the maximum safe concentration in 2019 reports.

Particulate Matter (PM): Air: Alleged 2,000+ lbs/hour emission spikes during startup events (vs. ~270 lb limit).

Sulfur Dioxide (SO2): Air: The plant remains a top regional source of SO2, driving nonattainment status in neighboring counties.

Ownership & Liability Context

County Fiscal Impact: The ongoing litigation regarding unpaid air pollution fees ($561,767) and the potential for future federal remediation orders (Coal Ash Rule) represent a direct liability to the plant’s owners, Austin Energy and the LCRA. Austin Energy has expressed intent to exit the partnership by 2029 to mitigate these environmental liabilities.

National Pollution Rank (2022) 14th Dirtiest in the United States The issue of selenium is another matter entirely. Our previous Judge Mueller tried to call attention to this pollutant in the groundwater.

Here is what I found; The exact volume of selenium pollution from the Fayette Power Project (FPP) is significant enough that the plant’s operators (LCRA) have repeatedly sought regulatory permission to weaken discharge limits, most recently in August 2025. The plant discharges selenium-laden wastewater into Cedar Creek, which feeds the Colorado River.

Unlike soot or smog, selenium is an aquatic bioaccumulator. It enters the ecosystem at low levels but concentrates rapidly in the food chain, causing severe physical deformities in fish and reproductive collapse in waterfowl.

The Bioaccumulation Trap

Why even “low” levels of selenium in discharged water can be catastrophic. How toxicity amplifies 1,000x+ as it moves from the creek to the dinner table.

Evidence of Contamination (2022–2026) 2022 Initial Permit Amendment Request LCRA applies to the TCEQ to amend its wastewater permit, specifically seeking to relax the limits for selenium. The application is later withdrawn after local officials, including the former County Judge, demand public explanations for the safety risks.

Aug 2025 Renewed Amendment Attempt LCRA re-submits the request to modify selenium limits for discharges into Cedar Creek. This indicates that the plant is still unable to meet the stricter environmental safety standards using its current filtration technology.

Sept 2025 County Judge Intervention Fayette County Judge Mueller formally requests a public hearing, stating that “any proposed changes... must be made with full transparency.” This action highlights the direct relevance of selenium levels to local governance and public health.

Biological Impact: The ‘Hidden’Damage

Aquatic Life (Fish) Deformities: Selenium replaces sulfur in proteins, causing spinal curvature (scoliosis) and craniofacial malformations in young fish.

Population Crash: Adult fish may survive high levels, but their eggs often fail to hatch, leading to a “silent” population collapse.

Wildlife (Birds) Teratogenicity: Waterfowl feeding on contaminated fish suffer from missing eyes, deformed beaks, and incomplete feathering.

Embryo Mortality: High rates of dead-in-shell embryos are a signature of selenium poisoning in wetland environments.

This should be enough information to make whoever gets elected County Judge, to want to be on top of FPP’s polluting ways.

Jerry Moerbe Nelsonville