Article published May 30, 2007

Developers, protesters appeal air quality permit

By RICHARD ECKE

Tribune Staff Writer

Both sides have appealed a state air quality permit granted to the controversial Highwood Generating Station.

Tuesday, the Helena-based Montana Environmental Information Center and the Great Falls-based Citizens for Clean Energy filed an appeal.

Late last week, the plant's developer appealed the permit issued by the state Department of Environmental Quality.

Both sides had the right to appeal. Even so, one environmental official called the appeal by the developer "bizarre" and "shocking" Tuesday.

Anne Hedges contended the appeal by Southern Montana Electric Generation & Transmission Cooperative indicates the group fears it cannot meet the permit's pollution limits.

"After all of SME's talk about controlling its pollution, the first thing it did was demand permit changes so it can pollute more," said Hedges, program manager for the MEIC. "The permit is already inadequate to protect public health and the environment. SME would make the permit even worse."

The proposed Highwood Generating station eight miles east of Great Falls would burn low-sulfur coal to create up to 250 megawatts of electricity.

Last week, SME attorney Michael McCarter of Helena told the Tribune the state air quality permit set a limit on release of total particulate matter, but failed to specify a measurement method.

"The two are tied," McCarter explained.

Hedges disagreed with SME, saying the state allows "about seven different ways they can test for particulates. They (SME) want to use something that's unapproved."

SME wants to get vendor guarantees for their financing," she said. Getting those guarantees might be easier if the permit's requirements were watered down, she said. SME is seeking federal financing for about 85 percent of the plant. The city of Great Falls wants to own about 15 percent of the plant.

Five SME and city officials or attorneys could not be reached Tuesday to comment on the new appeal or Hedges' contentions.

Backers of the plant contend it would be one of the cleanest coal-fired power plants in the country, and a smoke plume would rarely be seen coming out of its smokestack. They have promised to control CO2 emissions if that is affordable and feasible, and say the plant will not be harmful to public health.

A final environmental impact statement done jointly by federal and state agencies said the plant would have "long-term minor to moderate" effects on air quality and "minor" long-term effects on public health and safety.

Each side has about two more weeks to file affidavits supporting their appeals of the air quality permit.

The state Board of Environmental Review may discuss the Highwood plant at its July meeting. The Highwood plant is not listed on the board's formal agenda for a Friday morning meeting of the board in Helena. The board usually appoints a hearing examiner to listen to appeals of air quality permits.

In a news release, the environmental groups complained the Highwood plant would produce harmful fine particulate matter.

"We can't afford to ignore the risks that these pollutants pose to people in our area," said Cheryl Reichert, a physician and member of CCE.

Abigail Dillen, an attorney with Earthjustice in Bozeman representing the groups, noted the U.S. Supreme Court recently ruled the U.S. Environmental Protection Agency had jurisdiction to regulate carbon dioxide emitted by motor vehicles.

"Ignoring CO2 and global warming is not just bad policy, it's illegal," Dillen said.

The groups also contend the coal-fired plant's technology is outdated and not "the best available technology" to control CO2 emissions. Plant backers deny the claim, saying other methods are unproven.