CLAIMS that Aberthaw power station is emitting illegal levels of pollution are set to land the UK Government in court.
The European Commission will take the UK Government to court over claims that the Barry power station has been emitting more than twice the legal amount of nitrogen oxides since 2008.
Nitrogen oxides can cause respiratory problems and may decrease lung function in people exposed to them. They are also believed to cause acid rain, damage plants and animal life and harm buildings.
Aberthaw, which employs close to 600 full time and contract workers, has been under threat of closure previously due to its emissions and although the EU noted that the British Government has been working to reduce pollution levels the issue has now been referred to the highest European court in Luxembourg.
The European Commission said: "The Commission takes note that the UK has been working constructively on this issue, with the aim of finding a solution.
"In this context, the Commission welcomes more recent indications from the UK authorities that investments will be made to upgrade the plant, but at present the plant continues to operate under a permit which allows it to emit high levels of the toxic gas NOx (nitrogen oxide).
"The Commission is therefore referring this case to Court."
The case is expected to be called in early 2017.
A Uk Government spokesperson said it would be inappropriate to comment on the case while proceedings were underway.
“Air quality has improved significantly in recent decades we have invested £2bn since 2011 to continue this," they said.
“We are tackling emissions from industrial sources by setting stringent limits for industrial installations, including coal power stations.
"Aberthaw Power Station is also investing to meet future emission limits set by the EU."