Great Falls Tribune
October 23, 2008
Critics demand EPA halt Highwood work By KARL PUCKETT Tribune Staff Writer
Critics of a coal-fired power plant east of Great Falls demanded the Environmental Protection Agency halt construction of Highwood Generating Station in a letter sent to EPA Administrator Stephen Johnson on Wednesday.
"EPA is the one that would have to stop them," Anne Hedges of the Helena-based Montana Environmental Information Center said.
Citizens for Clean Energy of Great Falls and the Sierra Club joined MEIC in signing the letter, which signals the intention of the groups to take EPA to court if it does not intervene within 60 days.
Developer Southern Montana Electric Generation and Transmission began earth-moving work at Highwood Generating Station last Wednesday.
"We're proceeding entirely legally," said Ken Reich, SME's Boston-based attorney, who had not read the letter to the EPA as of Wednesday afternoon. "The DEQ has not told us to stop, so we're moving ahead."
The groups alleged that SME's air permit, issued by the state Department of Environmental Quality, has not been finalized and, therefore, construction is prohibited under the federal Clean Air Act. EPA is being challenged because the federal law contains a citizen suit provision, Hedges said.
SME is subject to a $25,000 penalty each day construction continues, the letter states.
The state issued SME an air permit in May 2007, but environmental groups appealed, and a year later the state Board of Environmental Review required additional study of controls for fine particulate known as PM2.5.
A modified air permit that SME says includes additional controls for PM2.5 is up for public comment until Nov. 5. "Nevertheless, SME began constructing the Highwood facility on Oct. 15," the letter to the EPA states.
DEQ officials have said previously SME could begin construction, except for the boiler, where the new PM2.5 controls would be located.
In the letter to the EPA, MEIC and the Sierra Club also charge that emissions limits for certain hazardous pollutants still need to be set in Highwood's permit, but SME's Reich said "we don't trigger the thresholds under that program."
The Highwood project is facing two additional legal challenges.
MEIC and landowners are suing Cascade County over the rezoning of the site to industrial. A hearing is set for Nov. 3, but the plaintiffs have asked the judge to move the case up after construction began, Hedges said.
MEIC and Citizens are suing the DEQ, alleging it should have required SME to control emissions of carbon dioxide at the Highwood facility. Motions have been filed in that case, but no hearing dates have been set.