WildEarth Guardians

Tuesday, January 17, 2012
New Mexico Clean Air Plan Under Attack by PNM

Groups, EPA Fire Back to Protect Public Health, Clear Skies from Coal Burning San Juan Generating Station
Contact: Jeremy Nichols (303) 573-4898 x 1303

New Mexico—WildEarth Guardians, the Environmental Protection Agency (EPA), and a coalition of other environmental groups fired back late last week at PNM’s efforts to stall a long-overdue air pollution clean up at the coal-fired San Juan Generating Station.

“PNM isn’t just clouding the air with pollution from the San Juan Generation Station, now the company is clouding the facts,” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program Director.  “Fortunately, the numbers here speak volumes—cleaning up this dirty coal-fired power plant will save lives, clear the air, and open the door for cleaner energy.”

In August, the EPA adopted a long overdue plan to require Public Service Company of New Mexico, or PNM, to retrofit the San Juan Generating Station with updated air pollution controls in five years.  The plan would reduce smog and haze forming emissions from the 1,848 megawatt coal-fired power plant located in northwestern New Mexico—the fourth largest in the American West—by more than 80%.  

Last fall, PNM filed suit in the U.S. Court of Appeals for the 10^th Circuit to overturn the EPA’s clean air plan and asked the court to stay the rule.  Essentially an injunction, a stay would prevent the retrofits from being undertaken until the court issues a ruling.

On Friday January 13, Guardians, the EPA, and a coalition of groups including the San Juan Citizens Alliance, Diné Citizens Against Ruining the Environment, New Energy Economy, and the National Parks Conservation Association responded to PNM’s request for a stay, pointing out contradictions and inconsistencies in the company’s self-serving arguments, and highlighting the serious consequences to public health and the environment if a stay was granted.

Download Guardians’ response, the EPA’s response, and the other coalition’s response. 

For example, while PNM claims the cost of the clean air plan would be exorbitant, the company has actually disclosed that the costs will be higher due to its own poor credit rating and low stock value.  And although PNM has claimed that the clean air rule will lead to electricity rate increases in New Mexico, the company has actually not requested a rate increase.  Furthermore, any rate increase will have to be reviewed by the New Mexico Public Regulatory Commission and will only be approved if it is deemed “reasonable and prudent.”

“Clean air and affordable energy should go hand in hand,” said Nichols.  “If PNM is worried about the costs of cleaning up the San Juan Generating Station, it should work to find real solutions, not obstruct reasonable emission controls.”

The environmental groups also pointed out that any delay in implementing the emission controls could cost up to $62.6 million annually due to the health impacts of air pollution from the San Juan Generating Station.  Notably, experts retained by the groups found that the clean air plan would prevent up to 7 deaths annually, more than 1,600 asthma attacks, and other adverse health impacts in communities near the power plant.

The 10^th Circuit is expected to issue a ruling on PNM’s request for a stay by the end of February 2012.