The Environmental Protection Agency overturned South Dakota’s permit for the Big Stone II coal-fired power plant on the last day of the application review process. The decision comes the week after the Big Stone II project cleared a major hurdle in gaining a Certificate of Need from the State of Minnesota Public Utilities Commission and only three days after the Obama administration took control of the federal government.
The decision sites lack of compliance with several permitting conditions and failure “to have monitoring to assure compliance with the terms and conditions of the permit.”
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 8Steven M. Pimer, P.E. Secretary
Department of Environment & Natural Resources
Joe Foss Building
523 East Capitol
Pierre, SO 5750 1-3182Dear Mr. Pimer :
By this letter and enclosure, the U.S. Environmental Protection Agency (EPA) objects to the proposed Title V operating permit renewal for the Big Stone power plant (perm it #28.0801-29, dated November 20, 2008), located in Big Stone City, South Dakota. The plant is owned and operated jointly by Montana-Dakota Utilities Company, Northwestern Energy, and Otter Tail Power Company. This permit is proposed by South Dakota’s Board of Minerals and the Environment to be issued by the South Dakota Department of Environment and Natural Resources (DENR). Our office received the proposed permit package for review on December 8, 2008. The 45-day period for EPA review expires on January 22, 2009. This formal objection, based on our review of the proposed perm it and supporting information, is issued under the authority of Title V of the Clean Air Act (Act), specifically under section 505(b) of the Act, 42 U.S.c. ยง 766 Id(b), and 40 CFR 70.8(c) .
Pursuant to 40 CFR 70.8(c)(I), the EPA will object to the issuance of any proposed Title V operating permit that EPA determines does not comply with applicable requirements of the Act or the operating permit program requirements of 40 CFR part 70. In accordance with 40 CFR 70.8(c)( 1) and (4), and South Dakota rules at ARSD 74:36:05:21, when the EPA objects in
writing to the issuance of a perm it within 45 days of receipt of the proposed permit and all necessary supporting information, the State shall not issue the perm it. If the State fails, within 90 days after the date of an objection by the EPA, to revise and submit a proposed permit in response to the objection, the EPA will issue or deny the permit in accordance with the
requirements of the Federal program promulgated under Title V of the Act, 40 CFR part 71.Pursuant to 40 CFR 70.8(c)(2), any EPA objection to a proposed permit shall include a statement of the EPA’ s reasons for objection and a description of the terms and conditions that the permit must include to respond to the objection. The EPA is objecting to this proposed perm it for the following reasons:
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