by Wallace McMullen
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Regulatory Challenges by the Ozark Chapter
Three new coal burning power plants are presently proposed within Missouri. A fourth is proposed on the east side of the St. Louis air shed, and AmerenUE is planning on another at the Rush Island site within a few years.
Kansas City Power & Light
KCPL’s permits all relate to the proposed Iatan II plant, 850 Megawatts, about 30 miles northwest of Kansas City on the bank of the Missouri River.
Financing
The Ozark Chapter of the Sierra Club is challenging the Public Service Commission’s approval of an “Experimental Regulatory Agreement” which pre-approved financing for KCPL to build its proposed Iatan II plant. Filed in the Missouri Circuit Court in Cole County. Legal work is being handled by the Great Rivers Environmental Law Center.
Air Pollution
The Ozark Chapter is challenging the air permit issued by the Department of Natural Resources (DNR). The Washington University Environmental Law Clinic has taken on the Chapter as a clinic for this challenge. The Clinic filed extensive comments on the draft permit, and is investigating an appeal of the final permit. (Probably will have filed the administrative appeal by the time this is published). That appeal will go to the Missouri Administrative Hearing Commission, which will make a recommendation to the Air Conservation Commission after a hearing.
This permit is called a Prevention of Significant Deterioration permit in the language of the Clean Air Act. It controls the amount of pollutants such as those which cause smog, acid rain, cardiac health problems, and mercury. State regulations curtail the emissions, but still allow large amounts in the permit.
Landfill
A draft landfill permit for the coal combustion waste has been announced by DNR. The proposed landfill site is in the flood plain. A hearing on the draft permit will be held by DNR on March 14th in Platte County.
Water
KCLPL must get a permit from the Army Corp of Engineers to modify the riverbank for constructing the plant, and from DNR pertaining to water quality. (Labeled a 404 permit, and a 401 permit, respectively, in the Clean Water Act). KCPL also plans to construct wells running under the river which will draw 10.7 million gallons of water per day. The Chapter has obtained application documents from the Army Corp and Great Rivers Environmental Law Center has submitted comments challenging the permit application on behalf of the Chapter. We are awaiting action by the regulatory agencies.
Springfield City Utilities
Air Pollution
The Ozark Chapter has been challenging the permit for air emissions issued by DNR for the City Utilities proposed plant since 2004. The Sierra Club’s regional Midwest Clean Air Program was able to bring in a nationally recognized lawyer to argue an administrative appeal for us at a hearing in October, 2005. However, the Air Conservation Commission voted against our administrative appeal, and we have now appealed that decision Missouri circuit court.
City Utilities plans to use water from the sewage treatment plant, and an existing landfill site for the ash dump, so they do not need water and landfill permits.
Associated Electric Co-op, Inc. (AEC)
AEC has submitted a permit application to build a new 660 Megawatt coal burning facility in Carroll County near the town of Norborne, which is about 50 miles east of Kansas City. This application is in its early stages.
Peabody Prairie State, IL
Peabody Coal has applied for all the permits needed to build a very large (1500 MW) coal burning plant about 45 miles southeast of St. Louis. The Sierra Club has appealed the air and water permits to the Environmental Appeals Board in Washington DC, and to the Illinois EPA, respectively.
The Sierra Club challenged Peabody’s lack of social responsibility at its annual shareholder meeting in May, 2005, and may do so again in 2006. Peabody’s corporate headquarters is in St. Louis.