WildEarth Guardians

Friday, May 7, 2010
WildEarth Guardians Calls on New Mexico to Safeguard the Climate, Tackle Greenhouse Gases from PNM's San Juan Generating Station

Group Challenges Failure to Address Carbon Dioxide Emissions from State's Second Largest Source of Greenhouse Gases as Required by Clean Air Act
Contact: Jeremy Nichols (303) 573-4898 x1303

San Juan County, New Mexico-WildEarth Guardians today called on the State of New Mexico to confront carbon dioxide emissions from PNM’s San Juan Generating Station, an 1,800 megawatt coal-fired power plant located in San Juan County and the second largest source of greenhouse gases in the State.

“Plain and simple, this is about protecting our clean air and safeguarding our climate from one of the largest and dirtiest sources of air pollution in the State,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. “Importantly, this is about holding PNM accountable to keeping its greenhouse gas emissions in check.”

In comments on the New Mexico Environment Department’s proposal to renew an air pollution operating permit for the coal-fired power plant, WildEarth Guardians pointed to the State's own position that carbon dioxide is currently subject to regulation under the Clean Air Act. In 2009, the coal-fired power plant released more than 13.3 million tons of carbon dioxide, as much as is released annually by more than 2.3 million passenger vehicles. WildEarth Guardians called for an assessment of whether best available pollution controls for carbon dioxide should be required, consistent with the Department’s position.

New Mexico’s position on regulating carbon dioxide under the Clean Air Act was clearly articulated in its challenge of the proposed Desert Rock coal-fired power plant. In an appeal filed with the EPA’s Environmental Appeals Board, the State said: The [Clean Air] Act requires EPA to conduct a BACT [best available control technology] analysis and set an emission limit for “any regulated pollutant” before issuing the PSD [Prevention of Significant Deterioration] permit. CO2 is a regulated pollutant under the Act. Failure to conduct modeling and a BACT analysis for CO2 violates the requirements of the Act and constitutes a clear legal error.

“New Mexico needs to stop giving lip service to confronting climate change and start taking steps to actually limit carbon dioxide emissions under the Clean Air Act,” said Nichols. “With our climate at stake, this is one legal responsibility the State can ill-afford to avoid.”

New Mexico is currently proposing to renew for five years the air pollution operating permit for the San Juan Generating Station under Title V of the Clean Air Act. Under Title V, operating permits must be written ensure that sources of air pollution comply with all applicable Clean Air Act requirements, including best available pollution control requirements under the Prevention of Significant Deterioration program. Under the Prevention of Significant Deterioration program, best pollution controls are required whenever a major source of air pollution is modified, leading to a significant increase in any pollutant subject to regulation under the Clean Air Act.

In the case of the San Juan Generating Station, which is already a major source of air pollution, the coal-fired power plant has been modified numerous times over the years, leading to numerous increases in carbon dioxide emissions. For example, according to data with the EPA, just between 2008 and 2009, annual carbon dioxide emissions from the coal-fired power plant increased from 11.8 million tons to more than 13.3 million tons. The Title V permit however, does not even address carbon dioxide emissions.

In comments, WildEarth Guardians also challenged the failure of the New Mexico Environment Department to ensure the proposed air pollution operating permit for the San Juan Generating Station required adequate pollution monitoring, limited toxic air emissions, and safeguarded regional air quality.

If air pollution operating permits do not ensure compliance, they can be denied. If denied, a source of air pollution cannot legally operate. WildEarth Guardians is calling on the New Mexico Environment Department to deny the proposed air pollution operating permit unless it addresses carbon dioxide emissions and other outstanding concerns.

View the Comment Letter (PDF)