Highwood Air Ruling

MEIC Wins Landmark Air Pollution Victory against Highwood Plant

The Highwood Mountains, with the Missouri River in the foreground. Photo © Edith Oberley of Bitterroot and Bergamot.

On May 30, 2008, Montana became the first state in the nation to require a coal-fired power plant to specifically consider air pollution controls for fine particulates—particles smaller than 2.5 microns in size. They are extremely dangerous to humans because they can lodge deep in the lungs and cause severe respiratory and cardiovascular diseases. Highwood is expected to release approximately 140 tons of fine particulates into the air each year.

The requirement was imposed on Southern Montana Electric Generation and Transmission Cooperative (SME), the proponent of the Highwood Generating Station, a 250-megawatt coal-fired power plant proposed for east of Great Falls, after MEIC and Citizens for Clean Energy appealed the first permit issued by the Montana Department of Environmental Quality.

On November 10th, 2008, DEQ issued a second air pollution permit to SME for the Highwood plant. The permit, which covers both fine particulates and hazardous air pollutants, essentially requires SME to do nothing new to control these two categories of dangerous pollutants.

Coal plants are notoriously polluting. A plant the size of Highwood will emit hundreds of tons per year of fine particulates—particles small enough to lodge deep in human lungs and pose a very serious danger to cardiovascular and respiratory health. Coal plants also emit dozens of different hazardous air pollutants, including mercury, lead, radionuclides, chromium, arsenic, hydrochloric acid, hydrofluoric acid, antimony, benzene, cadmium, cobalt, manganese, nickel, and selenium—to name just a few.

Hazardous Air Pollutants

In the spring of 2008, after a federal court threw out the U.S. EPA’s sham rule on controlling mercury emissions from coal-fired power plants, DEQ agreed with MEIC and told SME it must obtain a permit for its emissions of hazardous air pollutants. Federal and state laws require that coal plants such as Highwood install the very best control technologies to minimize their emissions of hazardous air pollutants.

As a result of these two decisions, SME submitted a permit application to DEQ for fine particulates. It also submitted a request to DEQ asking that it be exempt from most hazardous air pollution law requirements if it agreed to better control just two pollutants (hydrochloric acid and hydrofluoric acid). By controlling these two pollutants, SME argued its total emissions would be under the threshold of 25 tons per year of all hazardous air pollutants, and that therefore it shouldn’t have to install any new control devices.

"Cooking the Books"

But SME “cooked the books” on its hazardous air pollutant analysis. It ignored some pollutants altogether and underestimated the emissions of others. In addition, monitoring is the key to ensuring that any plant, including Highwood, does not exceed the 25 tons-per-year threshold.

But DEQ is only requiring SME to monitor for these two pollutants one time each year. It is possible to monitor for these two pollutants on a continuous basis, but under DEQ’s monitoring schedule the public will only know for one day each year if the plant’s emissions are under this important threshold.

Unfortunately, DEQ’s unwise decision was not limited to hazardous air pollutants. Initially DEQ conducted an honest and rigorous review of technologies available to control fine particulates. On August 15, 2008, DEQ sent SME its draft decision. That decision required more stringent controls for fine particulates. Shortly thereafter, however, SME met with Evan Barrett from the Governor’s Office and top DEQ officials. (Barrett is the same person who directed DEQ to illegally extend the air pollution permit for the Roundup Power Project in 2005.) The DEQ employee who had conducted the technology review and written the draft decision was not at the meeting. Within weeks DEQ had reversed course and decided SME did not need to install additional controls for these dangerous pollutants.

DEQ issued a revised draft permit in early October 2008, and public comments were due in early November. DEQ issued the final permit three days after the public comment period ended—hardly enough time to adequately consider the extensive comments it received. Public health should be DEQ’s primary concern, since the public will be harmed if SME cuts corners. By their outrageous actions, it seems DEQ is more concerned about SME’s profits than about protecting the people who live downwind.

Background on PM2.5 Emissions Case

Read comments that MEIC and others submitted to DEQ in November 2008 on Highwood’s draft air pollution permit (for PM2.5 particulate and hazardous air pollutants).

See Fact Sheet on DEQ's proposed air permit for Highwood (October 28, 2008)

IN THE NEWS

CO2 Ruling could spell trouble for coal plants (Great Falls Tribune, November 14, 2008)
State issues Highwood modified air-quality permit (Great Falls Tribune, November 11, 2008)
Highwood plant foes slap DEQ with lawsuit (July 1, 2008)
Montana Coal Project Smacked With Air Permit Remand
(Energy Prospects West, June 10, 2008)
Board sets high bar for particulate emissions for Highwood Station (May 31, 2008)

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	You are here: Home → Energy → Dirty Coal → Highwood → Air Pollution Permit Document Actions Highwood Air Ruling MEIC Wins Landmark Air Pollution Victory against Highwood Plant MEIC Wins Landmark Air Pollution Victory against Highwood Plant The Highwood Mountains, with the Missouri River in the foreground. Photo © Edith Oberley of Bitterroot and Bergamot. On May 30, 2008, Montana became the first state in the nation to require a coal-fired power plant to specifically consider air pollution controls for fine particulates—particles smaller than 2.5 microns in size. They are extremely dangerous to humans because they can lodge deep in the lungs and cause severe respiratory and cardiovascular diseases. Highwood is expected to release approximately 140 tons of fine particulates into the air each year. The requirement was imposed on Southern Montana Electric Generation and Transmission Cooperative (SME), the proponent of the Highwood Generating Station, a 250-megawatt coal-fired power plant proposed for east of Great Falls, after MEIC and Citizens for Clean Energy appealed the first permit issued by the Montana Department of Environmental Quality. On November 10th, 2008, DEQ issued a second air pollution permit to SME for the Highwood plant. The permit, which covers both fine particulates and hazardous air pollutants, essentially requires SME to do nothing new to control these two categories of dangerous pollutants. Coal plants are notoriously polluting. A plant the size of Highwood will emit hundreds of tons per year of fine particulates—particles small enough to lodge deep in human lungs and pose a very serious danger to cardiovascular and respiratory health. Coal plants also emit dozens of different hazardous air pollutants, including mercury, lead, radionuclides, chromium, arsenic, hydrochloric acid, hydrofluoric acid, antimony, benzene, cadmium, cobalt, manganese, nickel, and selenium—to name just a few. Hazardous Air Pollutants In the spring of 2008, after a federal court threw out the U.S. EPA’s sham rule on controlling mercury emissions from coal-fired power plants, DEQ agreed with MEIC and told SME it must obtain a permit for its emissions of hazardous air pollutants. Federal and state laws require that coal plants such as Highwood install the very best control technologies to minimize their emissions of hazardous air pollutants. As a result of these two decisions, SME submitted a permit application to DEQ for fine particulates. It also submitted a request to DEQ asking that it be exempt from most hazardous air pollution law requirements if it agreed to better control just two pollutants (hydrochloric acid and hydrofluoric acid). By controlling these two pollutants, SME argued its total emissions would be under the threshold of 25 tons per year of all hazardous air pollutants, and that therefore it shouldn’t have to install any new control devices. "Cooking the Books" But SME “cooked the books” on its hazardous air pollutant analysis. It ignored some pollutants altogether and underestimated the emissions of others. In addition, monitoring is the key to ensuring that any plant, including Highwood, does not exceed the 25 tons-per-year threshold. But DEQ is only requiring SME to monitor for these two pollutants one time each year. It is possible to monitor for these two pollutants on a continuous basis, but under DEQ’s monitoring schedule the public will only know for one day each year if the plant’s emissions are under this important threshold. Unfortunately, DEQ’s unwise decision was not limited to hazardous air pollutants. Initially DEQ conducted an honest and rigorous review of technologies available to control fine particulates. On August 15, 2008, DEQ sent SME its draft decision. That decision required more stringent controls for fine particulates. Shortly thereafter, however, SME met with Evan Barrett from the Governor’s Office and top DEQ officials. (Barrett is the same person who directed DEQ to illegally extend the air pollution permit for the Roundup Power Project in 2005.) The DEQ employee who had conducted the technology review and written the draft decision was not at the meeting. Within weeks DEQ had reversed course and decided SME did not need to install additional controls for these dangerous pollutants. DEQ issued a revised draft permit in early October 2008, and public comments were due in early November. DEQ issued the final permit three days after the public comment period ended—hardly enough time to adequately consider the extensive comments it received. Public health should be DEQ’s primary concern, since the public will be harmed if SME cuts corners. By their outrageous actions, it seems DEQ is more concerned about SME’s profits than about protecting the people who live downwind. Background on PM2.5 Emissions Case Read comments that MEIC and others submitted to DEQ in November 2008 on Highwood’s draft air pollution permit (for PM2.5 particulate and hazardous air pollutants). See Fact Sheet on DEQ's proposed air permit for Highwood (October 28, 2008) IN THE NEWS CO2 Ruling could spell trouble for coal plants (Great Falls Tribune, November 14, 2008) State issues Highwood modified air-quality permit (Great Falls Tribune, November 11, 2008) Highwood plant foes slap DEQ with lawsuit (July 1, 2008) Montana Coal Project Smacked With Air Permit Remand (Energy Prospects West, June 10, 2008) Board sets high bar for particulate emissions for Highwood Station (May 31, 2008) SEE ALSO Highwood and Air Pollution MEIC Appeals Highwood Air Pollution Permit (August 2007) “Air Quality in Gallatin County,” a presentation by Bob Jeffrey, Montana Department of Environmental Quality. MEIC Files Suit over Highwood’s Carbon Dioxide Emissions Montana Environmental Information Center Street Address: 107 W Lawrence St. #N-6, Helena, MT 59601 Mailing Address: P.O. Box 1184 Helena, MT 59624 Phone: (406) 443-2520, Fax: (406) 443-2507, meic@meic.org	Also See 2009 Legislature Mercury "Cap and Trade" Struck Down Tire Burning

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