By John Lyon
Arkansas News Bureau
NORTH LITTLE ROCK — Opponents of a proposed coal-fired power plant in Southwest Arkansas will have the next two weeks to make their case for overturning the Arkansas Department of Environmental Quality’s decision to grant an air quality permit for the plant.
The Sierra Club, Audubon Arkansas and area landowners are appealing ADEQ’s Nov. 5 decision to grant a permit to Southwestern Electric Power Co. for its planned $1.6 billion, 600-megawatt John W. Turk Plant in Hempstead County.
In a hearing that began Monday at ADEQ’s headquarters and is scheduled to last two weeks, the appellants are asking the state Pollution Control and Ecology Commission to overturn ADEQ’s decision and deny the air permit.
Michael O’Malley, an administrative hearing officer with the commission, considered several motions Monday, including motions by the appellants for summary judgment in their favor. O’Malley denied the motions.
Amy Rickers, an attorney for the Hempstead County Hunting Club and other landowners, argued that ADEQ failed to require SWEPCO to analyze the potential impact the plant would have on the environment through carbon dioxide, or CO2, pollution.
SWEPCO attorney Kelly McQueen argued that an analysis of potential CO2 pollution was not required. O’Malley sided with SWEPCO.
“I cannot find where CO2 is presently being regulated by EPA and certainly not by the state of Arkansas. I do not find that the department has violated any kind of requirement on its behalf to take a look at it,” O’Malley said.
O’Malley acknowledged that the federal government may someday impose CO2 regulations, but he said, “We’re not just going to put a permit on hold until some unknown point in the future.”
O’Malley also denied a motion by ADEQ for summary judgment, rejecting ADEQ attorney Anne Weinstein’s argument that there are no factual issues to be decided in the case.
Witnesses are scheduled to begin presenting testimony Tuesday.
After hearing testimony and considering evidence, O’Malley will make a recommendation to the Pollution Control and Ecology Commission. His recommendation is not binding.
