Desert Rock permit appealed

Posted by: Martin  :  Category: Air pollution, News

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An appeals board could have the final say in the outcome of the Desert Rock Power Plant. A coalition of Navajo and conservation groups has filed an appeal of a recently released Environmental Protection Agency permit, which granted approval to the contentious power plant.

The EPA announced its approval of the 1,500 megawatt power plant, which is proposed for Navajo land southwest of Farmington, on July 31. In the decision, the agency praised the proposed plant’s emission standards as among the most stringent in the country, even though it would add 10 million tons of carbon dioxide a year to local skies and increase Four Corners pollution by more than 30 percent.

In its Aug. 14 appeal, the coalition accused the agency of neglecting its environmental responsibilities and undertaking a shabby review of Desert Rock. The groups asked the EPA’s Environmental Appeals Board to review the permit decision and grant an extension of time so they can thoroughly document the major problems with the permit.

“The EPA is abandoning its mission by rushing a permit out the door for political expedience and ignoring the fact that it will emit massive quantities of CO2 and other pollutants,” said Nick Persampieri, attorney for Earthjustice. His group filed the appeal on behalf of Diné CARE, Environmental Defense Fund, Grand Canyon Trust, Natural Resources Defense Council, San Juan Citizens Alliance, Sierra Club and WildEarth Guardians.

Persampieri alleged that the agency was coerced into granting the permit because of a lawsuit filed by Desert Rock developers. He added that the notice of intent to sue was filed by Jeff Holmstead, a Desert Rock lawyer who also happened to be the former head of EPA’s air division.

Among the appeal’s other criticisms are that the EPA failed to include emission limitations for carbon dioxide; did not analyze whether the plant violates national ozone standards; did not consult with other agencies on endangered species issues; did not consider impacts related to mining or waste disposal; and failed to complete a Maximum Achievable Control Technology analysis. The groups are asking that the agency withdraw the permit and complete all of the required analyses.

“This permit is another example of the rush by the agency’s political appointees to hand out gifts to industry before President Bush leaves office,” said Dailan J. Long, of Diné CARE. “It ignores how emissions from Desert Rock will threaten air quality and endanger the health of people who live in the Four Corners region.”

Frank Maisano, Desert Rock spokesman, said that the appeal came as no surprise and he alleged that the groups are forwarding false claims in an effort to delay the process.

“There are really no surprises in this appeal that the opponents of Desert Rock have filed,” he said. “They are the same tired arguments that are misconstrued, misleading and just plain wrong.” And as he has before, Maisano added that delays only hurt the Navajo Nation. “What will another 45 days do?” he asked. “For opponents, nothing. For the Navajo Nation, it will cause more unnecessary delays in what has already been a long walk toward opportunity.”

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