bigstoneiiproject1

EEEEEEE-HAAAAAAAA!  A big stake in its slimy little heart…

Hot off the press from Sierra Club and Clean Water Action, who have been working tirelessly against Otter Tail Power’s Big Stone II coal plant, the Big Stone II air permit is upende

Big Stone II – EPA Objection to Air Permit

Here’s their press release in toto:

FOR IMMEDIATE RELEASE:

CONTACT:

Virginia Cramer, Sierra Club 804-519-8449
Darrell Gerber, Clean Water Action 612-802-5372

Date: January 23, 2009

Big Stone II Sent Back to the Drawing Board
U.S. Environmental Protection Agency Concerned About Pollution, Global Warming

Washington, DC – Less than three days after the Bush Administration left office, the Environmental Protection Agency (EPA) has overturned the State of South Dakota’s approval of the massive Big Stone II coal-fired power plant.  The EPA’s decision comes after the state failed to require state-of-the-art pollution controls for the coal plant that would address concerns about harmful soot, smog and global warming pollution.

“This is a great day not only for clean energy and people’s health, it’s a victory for the rule of law,” said Bruce Nilles, Director of the Sierra Club’s Move Beyond Coal Campaign. “EPA is signaling that it is back to enforcing longstanding legal requirements fairly and consistently nationwide,” added Nilles.

As the first major coal plant decision by the EPA since President Obama took office, this decision signals that the dozens of other coal plant proposals currently in permitting processes nationwide will face a new level of federal scrutiny. Sierra Club and Clean Water Action have been working to stop the Big Stone II project and ramp up clean energy investments in for more than three years.

“Today EPA took the first step toward restoring science and integrity to its work and recognizing the very real need to reduce air pollution from coal-fired power plants,” said Darrell Gerber, Clean Water Action Program Coordinator.  “Downwind residents and the region’s natural resources will be better protected.”

This decision likely spells the end of Otter Tail Power’s Big Stone II coal plant.  While for the past eight years the Bush Administration has refused to regulate global warming pollution, even after being ordered to do so by the US Supreme Court, President Obama has pledged that the US will cut global warming pollution and do its part to avoid the worst consequences of climate change. With coal-fired power plants accounting for almost 30% of our nation’s carbon dioxide emissions, burning less coal and investing in clean energy such as wind and solar instead is a common sense approach to helping meet global warming pollution reduction goals. The proposed Big Stone II 500-megawatt coal plant would have emitted more than 4 million tons of global pollution annually.

At a minimum, Otter Tail Power will have to go back to the drawing board and redesign the project to incorporate the best and maximum available control technology for pollution like soot and smog.  Sierra Club and Clean Water Action will be pushing for EPA to set limits also for carbon dioxide, the main contributor to global warming.

“Otter Tail Power will now have to be responsible for the cost of its pollution,” said Nilles. “We hope that this increasing cost of coal will encourage Otter Tail Power, along with Governors Pawlenty and Rounds, to harness the clean and affordable wind resources available in the region. Minnesota and South Dakota should be leaders on the path to renewable energy independence, not laggards proposing 19th century coal plants.”

###

Now, can we get them to end Excelsior Energy’s Mesaba Project?


In a Sierra Club air permit challenge, the Environmental Appeals Board has ruled that the EPA must address CO2, and it remanded “the permit to the Region for it to reconsider whether to impose a CO2 BACT limit and to develop an adequate record for its decision.” This decision should apply to air permits for facilities discharging CO2, pretty much everything, eh?

IN RE DESERET POWER ELECTRIC COOPERATIVE (Bonanza Decision)

Here’s a snippet about alternatives, because this is what the EPA Comments are very concerned about in the Mesaba case:

The statutory section Sierra Club relies upon, CAA section 165(a)(2), does not require the permit issuer to independently raise and consider alternatives that the public did not identify during the public comment period. Here, Sierra Club did not identify during the public comment period the alternatives it raises in its petition.

So Sierra’s alternatives argument got 86’d (p. 6). But here’s some good stuff:

Although the Supreme Court determined that greenhouse gases, 2 such as CO , are “air pollutants” under the CAA, the Massachusetts 2 decision did not address whether CO is a pollutant “subject to regulation” under the Clean Air Act. Massachusetts v. EPA, 549 U.S. 497, slip op. at 29-30 (2007); In re Christian County Generation, LLC, PSD Appeal No. 07-01, slip op. at 7 n.12 (EAB Jan. 28, 2008), 13 E.A.D. at ___. The Region maintains that it does not now have the authority to impose a CO BACT limit because “EPA has historically interpreted the term ‘subject to regulation under the Act’ to describe pollutants that are presently subject to a statutory or regulatory provision that requires actual control of emissions of that pollutant.” U.S. EPA Region 8, Response to Public Comments (Permit No. PSD-OU-0002-04.00) at 5-6 (Aug. 30, 2007) (“Resp. to Comments”). We hold that this conclusion is clearly erroneous because the Region’s permitting authority is not constrained in this manner by an authoritative historical Agency interpretation.

But then they wiggle a bit and then clarify that they’re just sending it back:

By our holding today, we do not conclude that the CAA (or an 2 historical Agency interpretation) requires the Region to impose a CO BACT limit. Instead, we conclude that the record does not support the 2 Region’s proffered reason for not imposing a CO BACT limit – that 2 although EPA initially could have interpreted the CAA to require a CO BACT limit, the Region no longer can do so because of an historical Agency interpretation. Accordingly, we remand the Permit to the Region 2 for it to reconsider whether or not to impose a CO BACT limit and to develop an adequate record for its decision.

The timing is good, with Pres. Obama about to walk in the door. But what will Bush do in the remaining time?

AAAAAAAAAAAAAAAAAAAAAAAGH!