North Dakota Can Now Site Coal Power Plants Near Parks

BISMARCK, North Dakota, February 16, 2004 (ENS) - The Bush administration has agreed to ease clean air regulations for the state of North Dakota, a move that opens the door to the construction of coal fired power plants close to national parks and refuges. State officials say the move will spur energy investment in North Dakota, but environmentalists believe the deal sets a dangerous precedent that could allow more air pollution in national parks across the country.

The announcement Friday by federal and state officials resolves a dispute that first arose in 1999 over the air quality at Theodore National Park and the nearby Lostwood National Wildlife Refuge.

The U.S. Environmental Protection Agency (EPA) had previously said that the areas violated standards developed under the Clean Air Act to prevent deterioration of air quality in national parks and other public lands.

Theodore Roosevelt National Park preserves colorful North Dakota badlands. (Photo courtesy National Park Service )

Under the law, the EPA requires state regulators to estimate the impact of air pollution on parks and refuges as part of the permitting process for new power plants.

The new techniques allowed under the agreement are more accurate and will show that the areas do not violate air quality standards, according to state officials.

"What is important to remember is that the modeling will now reflect actual emissions, and we are confident that it will show we are in compliance with EPA regulations," said North Dakota Governor John Hoeven, a Republican.

Compliance with the law will allow the construction of more coal fired power plants - state officials said two proposals could be permitted later this year.

"That sets the stage for new investments in our energy industry and real progress in our rural communities," Hoeven said. "We are working to develop new power plants that bring good jobs and new wealth to our state, but we are committed to doing it right, and that means taking good care of our air quality."

But the agreement is at odds with the EPA's prior position on the issue.

The agency told the state in 1999 that its existing coal fired plants were already negatively impacting the park. EPA scientists estimated existing power plants in the state would have to cut air pollution by some 60 percent in order to preserve air quality at the Theodore Roosevelt National Park.

Last summer the EPA again said the park was in violation of federal air quality standards and in October a top federal air official argued that North Dakota's measurements were "fundamentally flawed."

"It defies science to understand why you can have a huge increase in emissions and not have a significant deterioration in air quality," Richard Long, director of EPA's regional air and radiation division in Denver, told Associated Press in October 2003.

The park memorializes the 26th president for contributions to the conservation of the nation's resources and is a safe haven for bison and other wildlife. (Photo courtesy National Park Service )

The decision reverses more than 30 years of federal law previously upheld by the Supreme Court, O'Donnell said, that requires that the EPA not permit a "significant deterioration" of pristine air quality.

"This is a hazy Friday the 13th precedent - one that is being eyed eagerly by energy producers in other western states," O'Donnell added. "This could drastically weaken clean air protections at national parks and wilderness areas all across the nation."

Hoeven will sign a Memorandum of Understanding formalizing the agreement with EPA Administrator Michael Leavitt in Washington, D.C. in two weeks.