On Nov. 13, the Environmental Protection Agency issued a landmark decision on EPA-issued permits for coal-fired power plants following a challenge to a permit issued in Utah for the Deseret Power Electric Cooperative. The challenge led by the Sierra Club stated that the EPA permit failed to take into account the amount of carbon-dioxide emissions that would be emitted by the plant.

The EPA's appeal board ruling directed the EPA permitting office to rethink its permit and to keep in mind the Supreme Court ruling regarding these emissions. Environmental groups see this decision as one that will have far reaching impact, including here in Michigan.

Mary Ann Dolehanty, DEQ supervisor in the Air Quality Division said the decision by the EPA does not have any impact on the draft permit issued to Wolverine Power earlier this fall. She said the EPA permit in the case of the Utah plant was not issued by the state because of tribal issues, not at all the case with the draft permit issued to Wolverine.

"Michigan has an approved Prevention of Significant Deterioration program, one approved by the EPA, and permits for these plants will be permitted by the DEQ, not the EPA," she said. "The EPA will still review all permits, but the state has a more stringent program than the EPA so only a review is called for in this case. We have not stopped, suspended or altered the Wolverine draft permit and the public comment process goes on."

She added, "We have received testimony regarding the CO2 issue and will be responding to them while we move forward."

Joseph Swallow, attorney for Citizens for Environmental Inquiry released a statement Friday morning, stating that the EPA decision will impact every new coal plant and certainly the Wolverine permit.

"In a positive sense, this opinion marks the beginning of a new era in the production of energy for our nation," Swallow stated. "Hopefully we will direct our industrial know how towards meeting this challenge."

CEI filed suit against the DEQ earlier this year to address the issue of CO2, but the lawsuit was dismissed. Swallow later filed an appeal now pending in Circuit Court. He said the decision on the appeal will now more likely be made in favor of CEI because the EPA has evoked the U.S. Supreme Court rulings on CO2.

"If the legislative branch of government (be it the congress or state legislature) has told the executive branch of government (be it the president or governor) to regulate a pollutant, that directive cannot be ignored," Swallow wrote. "Further, if the directive is ignored, the judicial branch of government ( be it federal or state) has the authority to require the executive branch to implement the legislative directive."

Spokesman for Wolverine Power, Craig Borr issued a statement Friday in response to the EPA appeals board decision.

"Wolverine is aware of the decision made yesterday by the EPA's Environmental Appeals Board regarding C02 limits on a proposed power plant in Utah. The Environmental Appeals Board sent the Deseret Power Electric Cooperative's air permit back to the EPA regional office so the EPA could reconsider whether or not to impose any C02 provisions in the Deseret air permit." Borr wrote. "Wolverine has designed the Wolverine Clean Energy Venture from the onset knowing that C02 regulation is a possibility. This is one of the reasons that sustainable biomass could be such an important component of our project."

Dolehanty summed the issue up with, "The public input process on the draft permit goes on. There is no stoppage, no interruption or other action against the draft permit. We move forward as per our guidelines."

The final public hearing on the Wolverine draft permit has been scheduled for Jan. 6 at 1 p.m. in Constitution Hall in Lansing.

Mike Modrzynski can be reached via e-mail at mmodrzynski@thealpenanews.com.