State will not appeal Wolverine’s win in circuit court; decision on PTI expected by end of March
by Richard Lamb, Advance Editor
?The Michigan Department of Environmental Quality (DEQ) has no plans to appeal the court?s ruling in this issue. We clearly understand need is not the basis to approve or deny a permit,? said Brad Wurfel, communication director for the DEQ. That ends speculation as to whether the state would appeal a decision by Missaukee County Circuit Court Judge William Fagerman issued late last month.
The judge determined the ?action of the Michigan Department of Natural Resources and Environment (DNRE) exceeded its statutory authority by denying the permit to install (PTI) base upon need,? and sent the matter back to the state for reconsideration. As a result of the ruling, the judge has ordered the state to take no more than 60 days ?for further consideration of the PTI ? to make a determination.? ?THE COURTS have been clear on this issue twice in the last two months. There is a similar issue in Holland that was also decided by the courts a couple of months ago,? Wurfel said last week.
The DEQ is in contact with Wolverine and is going to work with them on their permit application. DEQ?s interest is insuring that the permitted activity complies with federal clean air statutes, Wurfel told the Advance. In a similar matter, Ottawa County Circuit Judge Jon Van Allsburg recently ordered the state to reconsider the Holland Board of Public Works James DeYoung Plant?s application based on rules as they stood in August 2010 when it was denied, saying the DNRE wrongly based its denial of a permit on how much power the community would need in the future and not air quality issues.
?We are working with Holland as well. Holland had some nuance differences. In Holland?s case the judge asked the department to go back in time and reconsider the permit, based on the point on which it was denied. The EPA has changed its requirements for sulfur dioxide and carbon dioxide since them. So Holland represents a Catch-22 at the moment, in that if we comply with the courts, the facility will be out of compliance with the (federal) Environmental Protection Agency (EPA) regulations,? Wurfel said. ?We have scheduled a meeting with Holland to see if we can reach a consensus on how to move forward. If we follow the letter of the courts, we are out of compliance. If we follow the letter of the feds, we are out of compliance with the courts. So, what we are doing is to come to a workable solution with Holland.?
ALTHOUGH SIMILAR in the big picture, there are significant differences between the Holland project and Wolverine?s. ?In the case of Wolverine, it is much simpler. We have already been in touch with the cooperative to see how they want to proceed. In our initial conversations with them, we have been really encouraged. The court gave the department 60 days to get the permit completed and issue it. There may be a 30-day comment period as required by the process, but again this is one of those situations where we are in contact with the cooperatives,? he said.
?We are encouraged by the fact that they are interested in getting their permits done right, instead of done right away. If we need an incentive from the court to get through the appropriate process, if that is in our interests and that is in the cooperative?s interests, that is where we are going.? When it was pointed out that former Gov. Jennifer Granholm clearly did not support the Wolverine power plant, Wurfel offered this assessment of Governor Rick Snyder?s stance. Questions to the governor?s office from the Advance were referred to Wurfel at the DEQ. ?I think you can understand what I?m telling you. In terms of whether Governor Snyder is in favor of building a power plant, Gov
?NOW IF ROGERS City needs an additional power plant to realize its long-term vision, then the question for the DEQ, with respect for this permit, becomes how to do it in a way that protects the environment, complies with state and federal clean air statutes and that is where we are at with Wolverine.? Wurfel anticipated no additional legal roadblocks from the state regarding Wolverine?s PTI.
?We will move through this process as fast as we appropriately can. It is a process. What I can say is that the process is going to be followed appropriately and without unnecessary delay,? he said. ?We are not looking backwards on this, we are looking forward. It is time to get to work and that is what we are doing. Wolverine Power announced its plans in May of 2006 for construction of a 600-megawatt power plant project, planned for land within the Calcite quarry. Wolverine?s permit application, after nearly 1,000 days of consideration, was denied by the state May 21, 2010.