The Environmental Quality Council has stripped several items from an administrative appeal of allowable pollution emissions from Dry Fork Station, a 385 megawatt coal-fired power plant now under construction north of Gillette.

At stake is the $1.35 billion construction project itself, as well as millions of dollars in new tax revenue, dozens of new permanent jobs for the region and potential impacts to human health and the environment.

The Wyoming Environmental Quality Council met this week to decide what matters would be included in formal hearings in November. The council denied several summary judgment claims brought by the petitioners: Wyoming Outdoor Council, Powder River Basin Resource Council, Sierra Club and EarthJustice.

The first issue stripped from the appeal was whether Basin Electric Power Cooperative's choice of - and the Wyoming Department of Environmental Quality's approval of - the coal-fired boiler design met what's called the "best available control technology" (BACT), a requirement under the Clean Air Act.

The environmental groups argued that coal-gasification or "super-critical" achieve lower pollution emissions and were technically feasible at the time Basin Electric applied for its emissions permit. But the council agreed with Basin Electric and DEQ that those technologies were not viable at the time when the company had to settle on a design.

Also rejected were whether DEQ conducted proper BACT analysis of particulate matter smaller than 2.5 microns, and whether it was permissible for the plant's emissions to help push the Northern Cheyenne Reservation's airshed below levels prescribed for a Class One airshed.

Basin Electric spokesman Daryl Hill said modeling did indicate that the DEQ-approved emission levels of sulfur dioxide (SO2) and nitrogen oxides (NOx) would exceed the Northern Cheyenne Class One airshed in Montana. However, DEQ properly used its authority in determining the exceedence would be minor enough to still meet the law, according to the council.

In addition, Basin Electric claims that actual emissions will not be as high as what was modeled.

The protest will go to formal hearing before the Environmental Quality Council on November 17, when protestants will argue for more stringent controls of NOx, SOx, mercury and particulate matter.

"We're asking them to look at different technologies and asking, 'Are these the strongest limits possible? Could they meet stronger limits?' Our experts have looked at their modeling and their technology and we think they could be doing a better job," said Shannon Anderson, organizer for the Powder River Basin Resource Council.

Contact energy reporter Dustin Bleizeffer at (307) 577-6069 or dustin.bleizeffer@trib.com

Allowable emissions

The Wyoming Department of Environmental Quality issued a pollution permit for the Dry Fork Station coal-fired power plant. Here are the allowable emissions, according to the permit:

832 tons of nitrogen dioxide (NOx) per year

1,332 tons of sulfur dioxide (SO2) per year

2,500 tons of carbon monoxide per year

200 tons of particulate matter per year

65 tons of volatile organic compounds per year

The Wyoming Department of Environmental Quality issued a pollution permit for the Dry Fork Station coal-fired power plant. Here are the allowable emissions, according to the permit:

832 tons of nitrogen dioxide (NOx) per year

1,332 tons of sulfur dioxide (SO2) per year

2,500 tons of carbon monoxide per year

200 tons of particulate matter per year

65 tons of volatile organic compounds per year]]->