August 29, 2006

 

Richard Fristik

USDA Rural Development, Utilities Programs

1400 Independence Ave. SW

Mail Stop 1571, Room 2237

Washington D.C. 22050-1571

 

Kathleen Johnson

Montana Department of Environmental Quality

& the Air Resources Management Bureau

P. O. Box 200901

Helena, MT 59620-0901

 

RE: Comments Air quality Permit #3423-00

AFS#: 030-013-0038

Proposed Highwood Generating Station

 

Proposed Highwood Generating Station DEIS

 

Dear DEQ-ARMB,

 

I'm writing to express my concerns about the above.

 

I have lived in Great Falls since 1972 at 615 Third Avenue North and have enjoyed the benefits of the relatively clean environment here.  I oppose the DEQ issuing the above air quality Permit.  Furthermore, I believe the DEIS is flawed, that there should be no ROD issued until the DEIS has been corrected, and finally I oppose the REA, of the US Dept of Agriculture providing guarantees, loans, and moneys for the development of the Highwood station. 

 

My reasons are as follows:

 

1.  NEPA requires the providing of a range of alternatives and analysis of each in the EIS sufficient for the deciders to make a substantive determination of whether the project should go forward as proposed.  The range of alternatives considered in the DEIS as currently drafted is inadequate for the federal deciders to issue a ROD which would not be "arbitrary and capricious." The following sub items are needed to be considered under the DEIS:

 

a.   The economic viability of the project has not been established nor has it been discussed in the DEIS.  Clearly SME and the City of Great Falls must have a business plan, but they have not given that out to the public.  How can the DEIS analyze the economic viability of the alternatives without being provided the business plan?  How can the DOA decide on a plan to guarantee a project without allowing the public to review the business plan for the various alternatives?   Questions such as cost of coal, its cost of transport, costs associated with a carbon emission tax, all need to be set out and compared with other alternatives. Global warming is real and the costs associated with a carbon tax have not been considered by plant developers.  It is my understanding that other new coal plants being proposed around the country have considered such costs.  It is irresponsible to approve building the plant before CO2 discharge costs are considered.

 

b.  The DEIS does not provide a monitoring plan to validate and address the effects of airborne pollutants on local surface waters and aquatic organisms.  To begin with, background monitoring would be needed to establish baseline levels of mercury and other pollutants in strategic sampling locations (streams or ponds) within the primary fall-out zone of the plant's emissions.  Fish from resident (non-migratory) populations should also be sampled to determine potential bio-concentration of mercury as it moves up trophic levels.  Control sites could be selected to help differentiate between the proposed generating station's effects and other major pollution sources.  Without an aquatic monitoring plan, it will be impossible to know the ultimate fate of released toxins and the associated human health risk to downwind Montana communities from surface water contamination.

 

c.   Studies from Steubenville, PA by the federal Environmental Protection Agency show that 70% of Mercury depositions occur close to the plant.  Mercury is a known health risk not only to developing fetuses and babies, but to middle-aged men as well, increasing their risk of heart attacks.  I had a heart attack about five years ago and do not need to have the additional risk caused by this plant.  I do not see where in the DEIS the mercury depositions from the plant are being measured as effects the human population centers and compared with other alternatives such as wind, hydro, conservation, solar. Wind normally blows west to east in Great Falls, but it can blow from any direction.   As part of the air quality permit and the alternatives under the DEIS, potential deposition of mercury in Great Falls City proper when the wind blows from the North and/or East needs to be studied and then addressed. 

 

d.   The cumulative effects of the Great Falls' refinery's air discharges, the new malting plant, 10th Avenue South vehicular traffic, the west bank linseed oil plant, and Malmstrom coal plant (formerly they were burning oil) need to be considered in this application and in the DEIS in a comprehensive way with appropriate studies and actual test measurements so that we will know what is actually happening here.

 

e.   The effects of particulate matter, acid rain, mercury deposition under a range of alternatives as it affects area farmland needs to be considered and compared under the various alternatives. This area is known as the Golden Triangle.  The standard for measuring the effect of soil contamination in the DEIS is not sufficient to measure the effects on area farmland.  The DEIS seems to only refer to the acreage upon which the plant sits.  Saying that the area farmland is not prime farmland is clearly wrong.  There are no tests showing baseline levels on area farmland currently present for pollution from the plant.  It is not sufficient to say that airborne contaminants will not have a significant impact on area farmland without having a standard, a baseline study and a method of monitoring.

 

f.   The effect of acid rain on area forests (the Highwoods, the Little Belts, the Rocky Mountain Front) under the alternatives has not been analyzed.  Furthermore, if the forests are diminished due to acid rain, what will be the effect on the Madison aquifer, which rises in the Little Belts.

 

g.   Areas in the little Belts (particularly Pilgrim Creek, middle fork of the Judith) which may be considered for wilderness designation are not considered in the DEIS.  Furthermore, the impact on the visual air as seen from the Rocky Mountain Front (when viewed from the Bob Marshall Wilderness or the Scapegoat Wilderness) at the top of the mountains looking towards Great Falls which are more that 33 miles may still show the pollution of the plant visually. The DEIS should consider the effect of the proposed plant on the view shed of the Rocky Mountain Front.

 

h.   The USDA in making its decision cannot rely on decisions made by the MT DEQ as being correct under Montana law for the reasons set forth in 2 below.

 

2.  Even though the DEQ may be meeting its MEPA requirements by this DEIS when applying national air quality standards and then using MEPA to determine mitigation measures, this does not mean that the state is meeting its requirement under MT state constitution to provide its citizens with a clean and healthful environment.  In fact the opposite is true for the following reasons:

 

a.   Granting an air quality permit before an EIS has been completed and the public given the opportunity to comment thereon makes a mockery of the EIS process and points up that recent changes in regulatory authority and MEPA will not insure a "clean and healthful" environment as required by the Montana Constitution.  The DEQ cannot make substantive determinations and the procedural ones being made are not adequate to the task of protecting our "clean and healthful" environment here in Great Falls.  A recent letter from the Governor's office to me to which a comment from the DEQ was attached and a recent article in the Great Falls Tribune make it clear that as far as the DEQ is concerned the matter has been decided and the only purpose of the EIS is only to determine what mitigation measures are required. 

 

b.  The state has said that it will only consider the alternatives that the proponents of the plant propose as being economically viable, that they will not question the proponents determination of economic viability of their proposal and that they have no authority to use the MEPA process to prevent the plant being built. Given that as a backdrop and the fact that the state is applying federal standards, how could the DEQ possibly be doing an adequate job to protecting Montana's pristine environment?  The people in the Midwest are a- coughing and a-wheezing from coal plant emissions; why should we allow the same for the citizens of Great Falls?

 

c.  The air quality permit should only allow the best available technology to be permitted.  It does not do so. The permit also allows the plant to operate for months before they use the mercury-reducing technology they say they will install.  Ostensibly this is to allow them to run their plant and see whether they need it or not!  This is unacceptable.  Mercury reduction by using best available technology must be required from beginning of plant operations. 

 

d.  The coal plant is not needed.  Wind power firmed up by hydro is a much better solution for Great Falls.  Wind becomes more viable if regulations related to the flow of electricity on the grid should not favor industry but should allow for real pooling of wind power.  If, in spite of better choices, a coal plant will be built, it should use the state-of-the-art IGCC technology.  Circulating Fluidized Bed technology is not new or best available technology; it has been around for twenty years.

 

e.  There is more energy produced here in Great Falls by PPL hydro than we need.  Coal development here makes no sense. By granting this permit in this form, the DEQ becomes an agent (and responsible) for bad economic development and environmental degradation this type of coal plant would have on this region.

 

f.   The developers of the coal plant have not been honest and forthcoming with their presentation to our city officials. Mr. Gregori of SME told city commissioners that the plant would only produce 21 pounds of mercury a year while at the same time the proposed permit allows 45 lbs per year.

 

g.  Applicant has referenced a plant with similar technology in Indiana or Kentucky.  In talking with engineers who have studied this sister plant in operation, I have learned that it has been very difficult for the plant to maintain permitted levels of the various discharges because chemical additives need constant adjustments for factors which change constantly.  It would seem that this type of plant would be impossible to monitor adequately to insure that standards you set are being achieved.  Has DEQ talked with regulators and plant officials for this sister plant to determine problems they have had in meeting their permit in actual operation?

 

h.   I am concerned that if standards DEQ sets in its air quality permit are not met, the company, once the plant is built, will request modifications to the permit to allow even greater pollution.  Bison Engineering, the firm designing this plant, have just undergone the same process for a new plant in Western Montana.  Even though this other plant was a small plant, it is illustrative of a problem, which has surfaced with applications submitted by Bison Engineering.   The DEQ must look carefully at the application to see whether claims are supportable.  The plant should not be built and then the DEQ forced to consider closure or lowering standards.   In my opinion, at the very outset applicants should not be allowed to submit proposals, which they know, are risky or even impractical with the idea that they will get modifications in the permit later.  Granting an air quality permit to such folks with such foreseeable problems will only allow capital to be wasted if the plant can not be operated adequately.

 

i. The permit should expire after eighteen months if construction has not commenced. This was a condition in the Roundup permit and should be here also, especially since technology is advancing so rapidly in this field. We don't want Great Falls to be stuck with an old technology plant just because the developer wants to sit on his permit for three years, as allowed in this draft.

 

j.  The DEQ's responsibility to the citizens of this state makes up our first line of defense.  You are entrusted by the citizens of this state to make wise decisions on our behalf.  It is a difficult job, because politics usually come into play.  We in Great Falls are relying on you so that our local city officials (who have political interest in the coal plant project) will at least have clear standards before them.  Your Department sees to it that those standards are in accord with our right to a clean and healthful environment, as guaranteed in our Constitution.  In the long term, an ill-conceived project can have disastrous effects on the economic and environmental future of the people who live here and those who live downstream and downwind from here. 

 

3.  Finally, the City of Great Falls, Montana, has never permitted its Citizens to vote on whether they want a coal plant business venture in Great Falls, even though it is the taxpayers who may be forced to cover losses in the development and possible operation of the plant.  The Cascade County Commissioners have never approved the plant, nor consider its economic and environmental consequences to this region.  Others living down wind from this plant have never been involved in the decision-making.  Questions put to the city concerning proof of those willing to buy the power and the nature of the contract and the list of public meetings they have submitted to you have never been provided me, although I have requested them.  How can citizens be permitted to meaningfully participate in a process which has been determined without such participation and then when participation is only granted if it supports the city manager's view.

 

Sincerely yours,

 

 

 

Stuart Lewin

Richard Fristik, USDA RUD

Kathleen Johnson, MT DEQ

RE:  DEIS Highwood Station

August 29, 2006

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