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.

Editor's note: DEQ news releases are available on the department's Internet home page at www.michigan.gov/deq.

"Protecting Michigan's Environment, Ensuring Michigan's Future"

Revised February 20, 2009 by Pat Watson