COLUMBUS — A major legal showdown is set for Aug. 3-21 in Columbus with the air permit-to-install for the American Municipal Power Generation Station hanging in the balance.

The Ohio Environmental Protection Agency finalized the air permit in February of last year. The permit was promptly appealed by opponents the Natural Resources Defense Council, Ohio Environmental Council, Sierra Club and National Parks Conservation Association which is located in Knoxville, Tenn. The appeal was heard by the Ohio Environmental Review Appeals Commission which granted a de novo hearing set for August.

De novo is a Latin term for “over again, anew” and in legal terms is a form of appeal in which the appeals court holds a trial as if no prior trial had been held. A prehearing conference on the appeal is also scheduled for 10 a.m. on July 27 at ERAC’s office in Columbus.

In the original appeal, opponents said the air permit-to-install unreasonably and unlawfully does not include a Best Available Control Technology limit for carbon dioxide emissions. Ohio EPA Director Chris Korleski previously said AMP plans to use technology that will accompany future capture of carbon dioxide emissions.

Korleski was referring to Powerspan technology. AMPGS has been designed with the possibility of future CO2 requirements in mind, according to AMP. The company has stated “future carbon regulation has been factored into project planning from the start, and is one of the principal drivers in the decision to use Powerspan’s technology at the proposed facility.”

In December 2008, Powerspan initiated a commercial pilot of its carbon-capture technology at the RE Burger plant in Shadyside, where its ECO process had been undergoing commercial demonstration for some time. AMP-Ohio is participating in that pilot. AMP states in laboratory testing performed by the company and by the US Department of Energy, Powerspan demonstrated the technology’s ability to capture up to 90 percent of CO2 emissions at costs projected to be lower than other technologies.

Permit appeals concerning the AMPGS stretch into 2010. A prehearing conference has been set for 10 a.m., Jan 20, 2010 in regards to the appeal of AMP’s National Pollutant Discharge Elimination System permit. The appeal was filed by the NRDC, OEC, and Sierra Club. The actual de novo hearing on that appeal is scheduled for 10 a.m., Jan. 25-Jan. 29, 2010 in Columbus.