site.btaCourt Says Maritsa Iztok 2 Coal Plant Violates Environmental Standards

State-owned TPP Maritsa Iztok 2 has been operating in violation of the law since the beginning of 2019, when it received a permit to emit sulphur dioxide nearly twice the permitted level and mercury more than four times over the regulations, Greenpeace Bulgaria said on Tuesday. This was decided by the Administrative Court in Stara Zagora in a case on the TPP’s permit, which was filed by the environmental organizations Greenpeace Bulgaria and Za Zemiata.

The coal plant and the Executive Environment Agency, which issued the permit, have the right to appeal the decision before the Supreme Administrative Court.

The plant has an obligation to comply with current pollution requirements in order to continue operation.

The local court's decision was based on an interpretation by the Court of Justice of the EU, which ruled in March 2023 that plants cannot operate without complying with environmental requirements if doing so would contribute to a violation of air quality standards.

The southeastern region of Bulgaria, where TPP Maritsa Iztok 2 and four other coal-fired plants are concentrated, is home to the last settlements in Europe with a chronic sulphur dioxide pollution problem - Galabovo and Dimitrovgrad.

The Stara Zagora Administrative Court pointed out that the plant's permit did not take into account the total impact of sulfur dioxide emissions from all industrial and domestic sources in the area, as well as important pollution data. This puts human health and the environment at risk.

The same flaws have been committed in the permits of AES-3C Maritsa Iztok 1 TPP and Contour Global Maritsa Iztok 3 TPP, showing that environmental authorities have systematically flouted the legislation, Greenpeace noted.

"The Stara Zagora Court concluded that the economic interest in operating the plants cannot outweigh public health and environmental protection. A court decision that applies the law in view of its main purpose - to protect human health and the environment - is to be admired," said environmental lawyer Regina Stoilova, quoted in the organization’s press release.

"This development of the case with the largest coal-fired power plant in Bulgaria is the most significant reminder of the delayed reforms in the Bulgarian energy sector and the acute lack of a plan for the phased decommissioning of fossil fuel capacity. Neither the Government nor the social partners can afford to count on the production of energy with a heavy pollution footprint on the environment and human health to continue beyond 2030," stressed Greenpeace Bulgaria Director Meglena Antonova.

In order to continue operating, TPP Maritsa Iztok 2 should go through a new permitting process, the conditions of which should ensure compliance with modern standards for the pollutants sulphur dioxide and mercury. These standards can be achieved by reducing the capacity of the plant or by limiting its operating hours.

In reality, this is already happening. The state-owned plant is operating at about 30% of its capacity and using three or four of its eight units. The reason is that TPP Maritsa Iztok 2 is finding it increasingly difficult to find customers for its expensive power. The company is relying on its quota for the residential market, which it received by a political decision in mid-2023, at the cost of an increase in consumers' bills. In addition, its economic situation has followed a negative trend for a decade, except for the unprecedented year 2022, when it turned a profit due to the energy crisis in Europe and the huge jump in energy prices. In 2024, the company will be relying on the State to keep it going, says Greenpeace.