Earlier this month the State of New Mexico filed a complaint against the Environmental Protection Agency in the case of the planned Desert Rock Power Plant in northwestern, NM. On July 31, 2008 the US Environmental Protection Agency approved an air permit for the coal based power plant. This approval from the EPA resulted in a strong backlash in the community from Navajo and Conservation groups. The state of NM filed an appeal with the Environmental Appeals Board. The EAB has the power to remand the permit if it agrees with New Mexico’s Arguments. The New Mexico Attorney General has stated that the EPA cut corners with the Clean Air Act and also failed to protect New Mexicans when it approved the air permits for Desert Rock Power Plant. New Mexico Assistant Attorney General, Seth Cohen helped to compose the legal brief sent in opposition to the air permit approval and said that the states’ arguments fall in seven categories:
· “The Endangered Species Act makes it very clear that the EPA needs to assess the impacts of this plant on endangered species before the permit is granted. Desert Rock pushed the EPA to act before the consultation was done.”
· “EPA failed to consider a particular pollution control technology called integrated gasification combustion cycle, which turns coal into gas before it burns. It’s a lot cleaner process.”
· “EPA completely ignored the Clean Air Act’s inclusion of carbon dioxide as a pollutant. EPA needs to evaluate the plant’s carbon dioxide emissions, and use the best available technology to control it.”
· “The Clean Air Act also requires EPA to control mercury and other hazardous materials emitted by the plant. It was a mistake to issue the permit before assessing them.”
· “EPA relied on outdated ozone data about San Juan County, using 2002 data. The actual data the state has is that ozone levels there are much higher.”
· “EPA grandfathered the plant into applying PM10 standards to the plant’s particulate emissions. It should have used a newer PM2.5 standard, but didn’t look at it.”
· “The Clean Air Act mandates the protection of Class 1 areas like the Grand Canyon and Mesa Verde’s air quality. Instead of assessing the effects of the plant’s emissions on them, EPA struck a vague memorandum of understanding with the managers of those parks.” (http://www.daily-times.com/news/ci_10624717)
Although, supporters of the Desert Rock Power Plant are fighting back, “It looks like the state has simply compiled a list of all the arguments that the environmental activists have invented over the last few years in order to block or delay the construction of any new coal-fired power plants,” Jeff Holmstead of Bracewell & Giuliani said, who represents Sithe Global, LLC, the company paying to build the 1,500 megawatt coal-burning power plant on the Navajo Reservation.
(http://www.daily-times.com/news/ci_10624717)
The planned Desert Rock Power Plant has been an issue in New Mexico for years now. There are two existing coal burning power plants in the San Juan County, this would be the third coal-fired power plant in the area. Air quality, pollution, air pollutants, land grazing, livestock, water sources and politics have all raised major concerns from the community, families, youth and surrounding cities. Regular roadblocks, protests, petitions and community gatherings at the grassroots level have been a major resistance to Desert Rock supporters, like the Navajo Nation President Joe Shirley Jr., Navajo Nation Council, Dine` Power Authority and Sithe Global, LLC.
For More Information on Desert Rock Power Plant Go To:
Desert Rock Blog http://www.desert-rock-blog.com/
Desert Rock Energy Project http://www.desertrockenergy.com/
Sithe Global, LLC. www.sitheglobal.com