E-M:/ DEQ statement on NMU Power Plant Ruling

["Alex J. Sagady & Associates" <ajs@sagady.com>]

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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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Michigan Department of Environmental Quality 
press release content below
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FOR IMMEDIATE RELEASE
February 20, 2009

Contact:  Robert McCann
                (517) 241-7397

DEQ Statement on Coal Plant Ruling

On February 18, the Environmental Appeals Board of the U.S.
Environmental Protection Agency issued its opinion in a case brought by
the Sierra Club contesting an air permit issued by the Department of
Environmental Quality to Northern Michigan University for construction
of a new 10 Megawatt coal plant.  In the ruling, the EAB remanded
certain issues to the DEQ for further consideration, including whether
carbon dioxide (CO2) should be regulated, and CO2 emission limits
included in the air permit.

In considering whether CO2 should be regulated, the EAB directed that
DEQ be guided by the recent decision in the Deseret Power Electric
Cooperative case, but acknowledged that the issue is one of national
scope.  It is therefore the EPA, rather than the DEQ, that is in the
best position to interpret the federal Clean Air Act and provide
Michigan with the appropriate direction on this issue.  

In December 2008, Former EPA Administrator Stephen Johnson issued
national guidance that concluded CO2 is not subject to regulation.  New
EPA Administrator Lisa Jackson was asked to reconsider that guidance
upon assuming her new position, and on February 17, Administrator
Jackson granted that request and allowed for time to consider public
comment on the issue.  It is anticipated that new national guidance will
be issued in the coming months.

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Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy, 
Expert Witness Review and Litigation Investigation on Air, Water and 
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf 

657 Spartan Avenue,  East Lansing, MI  48823  
(517) 332-6971; ajs@sagady.com
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