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State-issued Permit Fails to Protect Clean Air from Coal-fired Power Plant
Contact: Jeremy Nichols (303) 573-4898 x1303

San Juan County, New Mexico—In a petition filed late last week, WildEarthGuardians called on the Administrator of the U.S. Environmental ProtectionAgency (EPA) to overturn a state-issued permit allowing the San Juan GeneratingStation to operate.

“This is about protecting our clean air from one of the largest and dirtiestsources of air pollution in the State,” said Jeremy Nichols, Climate and EnergyProgram Director for WildEarth Guardians. “Importantly, this is aboutholding PNM accountable to keeping its air pollution in check.”

The San Juan Generation Station is an 1,800 megawatt power plantlocated in northwestern New Mexico that every year releases thousands of tonsof toxic air pollution from its smokestacks. Consisting of four boilers, the plant releases more than18,000 tons of smog forming nitrogen oxide gases, 51 pounds of mercury, andmore than 13,000,000 tons of carbon dioxide—as much as is released by more than2.3 million passenger vehicles.

It is estimated that every yearthe plant causes 33 premature deaths, 50 heart attacks, 600 asthma attacks, 21cases of chronic bronchitis, and 31 asthma-related emergency room visits everyyear at a cost of more than $250 million (seeClean Air Task Force, http://www.catf.us/coal/problems/power_plants/existing/map.php?state=New_Mexico).

Filed with the Administrator of the EPA in Washington, D.C.,WildEarth Guardians’ petition calls on the agency to object to the New MexicoEnvironment Department’s proposal to renew the operating permit for the SanJuan Generating Station. Thepetition cites the failure of New Mexico to hold PNM accountable to installingup-to-date pollution controls at the plant, to ensuring accurate pollutionmonitoring, to reporting violations to the public, and to protecting ambientair quality in the region as required by the Clean Air Act.

“Plain and simple, the San Juan Generating Station isillegally spewing poisons into the air we breathe and worse, New Mexico’sproposed permit condones this,” said Nichols. “Since the New Mexico Environment Department won’t protectpeople from the San Juan Generating Station, we will.”

The permit was proposed under Title V of the Clean Air Act. Under Title V, air pollution operatingpermits must be written to ensure that sources of air pollution comply with allClean Air Act requirements, including best available pollution controlrequirements under the Prevention of Significant Deterioration program. Under the Prevention of Significant Deterioration program, best pollutioncontrols are required whenever a major source of air pollution is constructedor modified.

In the case of the San Juan Generating Station, evidence shows that PNMconstructed the facility, yet never complied with Prevention of SignificantDeterioration. Since then, theplant has been modified, yet PNM continues to operate the San Juan GeneratingStation without up-to-date pollution controls.

Under Title V, citizens can petition the EPA Administrator to object to theissuance of state-issued permits. Ifthe petition is granted, New Mexico will have 90 days to prepare a new permitthat brings the San Juan Generating Station into compliance. If it fails to do so, the permit couldbe denied by EPA, meaning the San Juan Generating Station could not legallyoperate.

Under the Clean Air Act, the Administrator has 60 days togrant or deny the petition.