Clean Air Task Force, Diné Citizens Against Ruining Our Environment, Earthjustice, Environment Colorado, Environmental Defense Fund, Grand Canyon Trust, Natural Resources Defense Council, San Juan Citizens Alliance, Sierra Club, Western Resource Advocates, and Wild Earth Guardians

For Immediate Release:
July 31, 2008

Contact: Mike Eisenfeld, San Juan Citizens Alliance 505 360-8994
Dailan Long, Dine CARE, 505-801-0713
Nick Persampieri, Earthjustice, 303-996-9617

EPA Fails Four Corners Region by Approving Desert Rock Air Permit,
Navajo tribal members, conservation groups say another coal plant promises to bring more air pollution, land and water contamination to region


BURNHAM, NM — Despite objections from other federal agencies, the states of Colorado and New Mexico, local governments, Navajo tribal members and citizen groups, the EPA today issued an air quality permit for construction of the Desert Rock Energy Facility, an additional massive coal-fired power plant on Navajo land in northwest New Mexico.

“EPA’s irresponsible, inappropriate decision has failed Navajo communities and needlessly sacrificed our air, land and water,” said Dailan Long of Diné CARE. “It is a devastating blow to tribal members who continually suffer from the large coal complex encroaching upon our land.”

Communities in the Four Corners already are suffering from dirty air, contaminated land and water from the two existing coal plants, as well as from coal mines, waste disposal areas, and oil and gas operations.

“This air permit seriously undermines regional efforts to clean up the air and promote renewable energy projects,” said said Andy Bessler of Sierra Club. “If the coal plant is built, it will add to health problems already facing tribal members and residents of both New Mexico and Colorado.”

If built, Desert Rock will overwhelm efforts of New Mexico and neighboring states to reduce greenhouse gas pollution and further poison the air, land and water of local communities. Emissions from the coal plant would more than offset commitments to cut pollution from other nearby sources.

“This is a political decision, not one based on science or EPA’s own mandate,” said Mike Eisenfeld of San Juan Citizens Alliance. “EPA ramrodded this permit out the door in response to a lawsuit filed by the coal plant owner, whose lawyer, Jeff Holmstead, was a high-level EPA official in the Bush administration. It looks like he’s still giving orders to EPA’s staff.”

The permit’s numerous deficiencies — including the failure to assess and set required emissions limits for carbon dioxide, mercury, and ozone-forming pollutants — were made clear to the EPA in more than 1,000 comments submitted by other federal agencies, state and local governments, tribal members and organizations, and other citizen groups.

“What is particularly disturbing here,” said Eisenfeld, “is EPA’s rush to judgment on this permit decision. Sithe complains that the EPA should have issued the permit several years ago. But the whole reason this is taking so long is because the concept for Desert Rock is faulty. EPA still hasn’t finished a thorough evaluation of the project, but it’s allowing a former agency official to bully it into rushing this permit out the door.”

The coal plant would be built in San Juan County New Mexico, the nation’s sixth largest emitter of carbon dioxide. Desert Rock would add another 12.7 million tons of carbon dioxide emissions per year and raise ozone levels in the area that are already at or near national ambient air quality standard limits.

Ozone triggers respiratory disease, hitting children, the elderly and people with existing health problems such as asthma especially hard. Nearly 15 percent of children in northwest New Mexico have asthma, a figure that doesn’t include federal Indian Health Service records.

Burning coal at the Desert Rock Energy Facility will add to the high levels of mercury in local rivers and lakes, many of which are already subject to fish-consumption advisories. Mercury is a powerful neurotoxin that can harm the brain, heart, kidneys, lungs and immune systems of people of all ages.

“We plan to vigorously contest the permit to prevent a tremendous setback to the efforts of state and local governments and dedicated citizens to rein in global warming pollution and to protect the health of area residents,” said Nick Persampieri, a lawyer for Earthjustice which represents groups opposed to the permit.


###

July 31, 2008 Contact: Allan Oliver, GOV (505) 476-2214

For Immediate Release Marissa Stone, NMED (505) 827-0314

Governor and AG Announce Legal Challenge of Desert Rock Permit

EPA Violates Clean Air Act in Making Decision on Coal-Fired Power Plant

(Santa Fe, N.M.) – Governor Bill Richardson and Attorney General Gary King today announced their intention to immediately file an appeal of the U.S. Environmental Protection Agency’s ill-advised decision on issuing an air quality permit for the Desert Rock Energy Facility planned for the Navajo Nation.

By issuing the permit, a lawsuit filed by Sithe Global of Houston, Texas against EPA will most likely be dismissed. That lawsuit sought to force EPA to make a decision on the permit. EPA and Sithe Global apparently attempted to cut a deal to evade judicial review of new power plant.

“EPA is bending to the will of corporate, financial and misguided political interests that will pollute New Mexico’s skies,” Governor Richardson said. “EPA’s decision ignores its obligations to protect the health of residents and the environment in New Mexico and the region. We will not allow this ill-advised decision to stand.”

The state will immediately file an appeal of the permit with the U.S. Environmental Appeals Board. The permitting action will be stayed pending the state’s appeal.

“I want to assure New Mexicans that from a legal standpoint, Desert Rock is far from a done deal,” said Attorney General Gary King. “We will immediately review the permit and analysis that the EPA is obliged to provide in conjunction with its permitting decision. There are significant legal hurdles ahead and we intend to challenge the permit before the Environmental Appeals Board (EAB) in Washington, D.C.”

EPA, in issuing the permit, violated the Clean Air Act. The federal agency failed to require appropriate analyses of air requirements before issuing the permit. By failing to do that, EPA is endangering the very people it is entrusted with protecting.

“EPA is shirking its responsibility to require an analysis of several pollutants, including mercury, ozone and carbon dioxide – a greenhouse gas,” said New Mexico Environment Department Secretary Ron Curry. “This plant will increase the region’s annual greenhouse gas emissions by more than one third and wipe out our efforts to reduce these emissions across the state. The Four Corners area is already burdened with the high levels of mercury contamination and smog and this facility will only worsen those problems.”

The state filed a motion to intervene in the case July 10. EPA evaded the state’s efforts to protect its citizens and ensure the Clean Air Act is enforced.

Two nearby coal-fired power plants, San Juan Generating Station and Four Corners Power Plant already emit 28 million tons a year of carbon dioxide. Desert Rock will add another 10 million tons a year of carbon dioxide, making the four corners region a major contributor to global warming.

The Bush Administration's decision to issue the permit will add to the region’s growing ozone problem. Ozone levels in Farmington have reached the new federal standard, .075 parts per million, and are expected to exceed that standard within the year. Ground level ozone, also known as smog, adversely impacts heart and lung health and can cause and exacerbate asthma.

###

WINDOW ROCK, Ariz. ­ Navajo Nation President Joe Shirley, Jr., today
welcomed the approval of the final air permit from the U.S. Environmental
Protection Agency for the Desert Rock Energy Project.

The Navajo Nation has waited more than four years for the permit that will
enable it to begin construction on the $3 billion, 1500-megawatt coal power
plant that is being jointly developed by the Diné Power Authority and Sithe
Global.

President Shirley received the news of the permit through a phone call with
U.S. EPA Region 9 Administrator Wayne Nastri today. He said he appreciated
the diligence put into getting the permit issued.

³I know there are many challenges,² President Shirley said. ³Native people,
Navajo people included, regard the earth as our mother, the sky as our
father, and certainly we¹re doing everything we can to take care of the air
and the environment. At the same time we know that the deities want us to
stand on our own, and that¹s where Desert Rock comes in.²

The President said the development of the project means needed jobs and
revenues for the Navajo Nation.

³As a Nation, we¹re working very hard toward standing on our own two feet,
and this permit goes a long ways toward bringing all that into fruition,² he
said. ³We know that there will continue to be challenges, but, hopefully, at
day¹s end we will prevail.²

Dirk Straussfeld, executive vice president of the Desert Rock Energy Co.,
called the issuance of the permit ³another important milestone."

"After receiving overwhelming support from the Navajo Navajo Council when it
voted 66-7 in 2006, this final permit is another important step in a long
process. We are very pleased the EPA has finally put forth the final permit
that recognizes Desert Rock's environmental performance standards are some
of the most stringent in the country and would set a new level of
performance for coal-fired plants in the United States."

Steven C. Begay, general manager of the Diné Power Authority, said the
permit turns on ³a number of green lights to go forward with the Desert Rock
Energy Project.²

³There are other entities waiting to move forward with their participation,²
he said. ³People have been waiting to hear this."

Among them, he said, are unions that will provide skilled labor and
utilities which can now plan to purchase power from the project.²

³The mining permits will also move forward, and here we¹re working on our
right of way, and I think the proposal will receive a more positive
response,² he said

Doug MacCourt, of the law firm Ater Wynne, who represents the Dine Power
Authority, said DPA has worked hard for more than five years to see the
permit issued.

"The process has been open, fair and respectful of the Navajo Nation, he
said. ³Remember that this project is not just about energy. It is about
tribal sovereignty, about independence, and quality of life for an entire
nation. I am very proud of the DPA and all the members of the Navajo Nation
who have worked so hard to make Desert Rock a reality."

Earlier this year, DPA and Sithe sued EPA to compel action on the permit
that was more than three years overdue. Today's action was in accordance
with a consent decree that required EPA to issue its permit by July 31.

The project will be one of the cleanest coal projects in the world, using
the most advanced pollution control technologies to reduce regional haze
pollutants and mercury. It will also reduce water use by 85 percent because
of the advanced air cooling technologies that will be used, and reduce
greenhouse gases by 20 percent because of its improved efficiency.

The project is expected to create more than 1,000 annual jobs during the
four-year construction period, and more than 400 permanent jobs. It will
bring more than $50 million annually to the Navajo Nation in direct economic
benefits.

President Shirley said the permit cements the environmental performance that
the Navajo Nation and its partners have been committed to from the
beginning.

The project will now have to get a Maximum Achievable Control Technology
Assessment assessment for hazardous pollutants, such as mercury. Given
Desert Rock's control technology, officials say that should pose little
challenge.

The final key outstanding item is the project's Environmental Impact
Statement managed by the Bureau of Indian Affairs. In late 2007, the comment
period closed following 10 public hearings in communities around the region.

By Cornelia de Bruin The Daily Times
Article Launched: 07/31/2008 11:23:21 AM MDT

Press releases are in the making as people close to the Desert Rock Power Plant saga react to the issuance by the Environmental Protection Administration of an air permit to Sithe Global and Diné Power Authority.
The two entities are partnering to build the $3 biillion, 1,500-megawatt plant near Burnham on the Navajo Nation.

Before workers can turn dirt to build the plant, however, it must also recieve an air permit and get approval of an environmental impact statement.

One directive given by EPA, according to U.S. Rep. Steve Pearce, is that the Bureau of Indian Affairs perform all work related to compliance with the Endangered Species Act.

Pearce received notification from EPA Administrator Stephen Johnson during the lunch hour.

Frank Maisano, spokesman for the Bracewell, Giuliani legal firm that represents Sithe Global, said his heads-up came from Wayne Nastri, EPA¹s Region 9 Director.

EPA¹s permitting process involved completion of technical analyses of its anticipated pollution levels. According to an EPA press release, the analyses ensure that existing air quality will not deteriorate because of Desert Rock.

Groups such as Dooda Desert Rock and Diné Citizens Against Ruining our Environment indicated before the ruling they would challenge it in court.

FELICIA FONSECA, Associated Press Writer

July 31, 2008 10:03 AM

ALBUQUERQUE (AP) - Navajo President Joe Shirley Jr. said Thursday the U.S. Environmental Protection Agency has signed off on an air permit for the Desert Rock Power Plant to be built on tribal land.

Shirley said he received word Thursday morning from Wayne Nastri, administrator for the EPA's Region 9 in San Francisco, telling him the permit for the controversial plant has been approved.

''I know with that, it's coming,'' Shirley said.

Environmentalists have raised concerns that the 1,500-megawatt power plant would harm residents' health in the Four Corners area, which already is home to two other coal-fired power plants.

But Shirley said the benefits of Desert Rock, which include $50 million in annual revenues to the tribe and the creation of thousands of jobs, outweigh the environmental concerns.

Navajos regard the earth as their mother and the sky as their father, and Shirley said tribal officials are ''doing the best we can to do our part to take care of the environment.

''At the same time, we know that the deities want us to take care of ourselves, to stand on our own two feet, as individuals, as families, as a community, as a nation,'' he said. ''And that's certainly what Desert Rock is about.''

The EPA agreed to act on the permit by July 31, months after being sued by the Dine Power Authority and Sithe Global Power, which have partnered on the $3 billion project to be built south of Farmington.

The developers had accused the EPA of dragging its feet on the permit, which they applied for in early 2004. Under federal law, the EPA has a year to make a determination and issue a decision.

The air permit sets limits for emissions covered under the federal Clean Air Act, such as sulfur dioxide, nitrogen oxides, carbon monoxide, particulates and lead emissions.

The air permit, as well as the approval of an environmental impact statement, is needed before construction on the plant can start.

SAN FRANCISCO – Today, the U.S. Environmental Protection Agency issued an air permit
for the new 1,500 megawatt Desert Rock Energy Facility to be located on the Navajo Nation,
approximately 25 miles southwest of Farmington, New Mex., in the Four Corners area.

The emission limits required by the permit for the Desert Rock power plant, planned by Desert
Rock Energy Company, a subsidiary of Sithe Global Power LLC, are some of the most stringent
in the country and will set a new level of performance for coal-fired plants in the United States.

“The Desert Rock power plant will be one of the cleanest pulverized coal-burning power plants
in the country,” said Wayne Nastri, administrator for the EPA’s Pacific Southwest region.

The permit process involved the completion of comprehensive technical analyses that ensure
pollution levels safeguard public health and the environment. These analyses make certain that
the existing air quality will not deteriorate as a result of the plant.

In addition, the EPA conducted an exhaustive review of over 1,000 public comment letters
submitted to the agency during the comment period. The agency made several improvements to
the permit in response to those comments.

On top of the most stringent controls in the country, the Desert Rock Energy Facility has
entered into an agreement with the Navajo Nation to further reduce sulfur dioxide emissions in
the area by generating or purchasing sulfur dioxide credits and retiring them. Under the
agreement, the company will also contribute additional funds toward environmental
improvement projects that would reduce or prevent air pollution. These projects may include
purchasing and retiring additional emission reduction credits or allowances, or other studies that
would provide a foundation for air quality improvement programs.

Since its inception, the Navajo Nation’s leaders have staunchly supported this project. With
unemployment rates at record levels, well above national averages, the Desert Rock Energy
Facility will boost the Navajo Nation’s local economy. It will create between 2,000 and 3,000
construction jobs and, during the first year of operation, it will bring $54 million in revenue to
the tribe. The revenues will be used to fund vital programs including a wide variety of social
services such as, fire, police, health care, education, counseling and environmental protection.

To review a copy of the permit, responses to public comments and other related documents,
please visit: http://www.epa.gov/region09/air/permit/desert-rock/

To view the feature story with additional information including background and comparison
emissions charts, please visit: http://www.epa.gov/region09/air/features/desert-rock/

# # #

ORIGINAL Press Release Attached.

By Felicia Fonseca
Associated Press

Navajo Nation officials as well as environmentalists are anxiously awaiting a decision on an air permit for a controversial coal-fired power plant to be built on tribal land.

The U.S. Environmental Protection Agency says it will either deny or grant the permit by Thursday.

The Dine Power Authority and Houston-based Sithe Global Power are partnering to build the $3 billion, 1,500-megawatt power plant south of Farmington in northwestern New Mexico.

Approval of the permit would be a huge victory for developers of the Desert Rock Power Plant, who contend it will be one of the cleanest power plants ever built. Construction on the plant south of Farmington can't start until the air permit and an environmental impact statement are approved.

Margot Perez-Sullivan, a spokeswoman for the EPA in San Francisco, said today the agency will meet the deadline to act on the permit.
Should EPA grant the permit, tribal officials expect to face legal challenges from environmentalists who contend the power plant would further harm the environment and residents' health.

"I would be knocked-down surprised if they didn't challenge these permits," said Frank Maisano, a spokesman for Sithe. "They've already shown us their cards in every challenge they've made. We don't think they're right on the merits, but we'll see."

The EPA received more than 1,000 mostly negative comments on the air permit.

Mike Eisenfeld of the San Juan Citizens Alliance, which has been fighting the plant, said he believes the comments raised issues about existing air issues in the Four Corners region that would preclude a third coal-fired power plant from being built there.

"We will certainly look at our options and be part of the appeals process and take whatever course of action we need to make the EPA do its job more legitimately," Eisenfeld said Wednesday.

The air permit would set limits for emissions covered under the federal Clean Air Act, such as sulfur dioxide, nitrogen oxides, carbon monoxide, particulates and lead emissions.

The developers applied for the permit in early 2004 and sued the EPA in March, accusing the federal agency of dragging its feet on the permit. Under federal law, the EPA has a year to make a determination and issue a decision.

The EPA filed a consent decree in June, agreeing to make a decision on the permit by Thursday as part of a settlement of a lawsuit.

New Mexico and Colorado officials have accused the EPA of "fast-tracking" the permit. They say if the EPA grants the permit Thursday, it would be in noncompliance with statutory requirements under the Clean Air Act.

They say the proposed plant raises unresolved air pollution issues relating to mercury controls and emissions, greenhouse gases, ozone and haze.

By DINA CAPPIELLO
Associated Press Writer

WASHINGTON -- The Environmental Protection Agency is telling its pollution enforcement officials not to talk with congressional investigators, reporters and even the agency's own inspector general, according to an internal e-mail provided to The Associated Press.

The June 16 e-mail tells 11 managers in the EPA's Office of Enforcement and Compliance Assurance, the branch of the agency charged with making sure environmental laws are followed, to remind staff to keep quiet.

"If you are contacted directly by the IG's office or GAO requesting information of any kind...please do not respond to questions or make any statements," reads the e-mail sent by Robbi Farrell, the division's chief of staff. Instead, staff should forward inquires to a designated representative.

Public Employees for Environmental Responsibility obtained the e-mail and provided it to the AP. The group is a nonprofit alliance of local, state and federal professionals dedicated to upholding environmental laws and values.

Jeff Ruch, its executive director, said Monday that the e-mail reinforces the "bunker mentality" within EPA under the Bush administration.

"The clear intention behind this move is to chill the cubicles by suppressing any uncontrolled information," said Ruch.

The EPA, in an official statement, said Monday that the e-mail was aimed at making responses to the press, GAO and Inspector General more efficient, consistent and coordinated. The EPA also said officials could still talk to investigators as long as they checked in with the appropriate representatives.

"There is nothing...that restricts conversation between enforcement staff, the press, GAO and the IG and the procedure is consistent with existing agency policies," the statement said. "No one has to get permission or approval to speak with the IG or GAO."

The e-mail, according to EPA, was a response to a May 2007 audit by the Inspector General's Office that found that the agency had not responded to earlier IG reports on problems with water enforcement and other agency programs. However, the audit did not make any specific recommendations about communications between staff and the inspector general's office.

A spokesman for the Government Accountability Office said Monday that they will deal with access issues as they arise.

The EPA is currently under pressure from several congressional committees to disclose documents relating to its position on global warming and its denial of a petition by California to control greenhouse gases from motor vehicles. Just last week, EPA Administrator Stephen Johnson denied a request to appear before two Senate committees to discuss whether the agency's decisions comply with its staff's technical and legal recommendations.

Sen. Barbara Boxer, the California Democrat who heads the Senate environment committee, said Monday that the administrator had turned "the EPA into a secretive, dangerous ally of polluters, instead of a leader in the effort to protect the health and safety of the American people."

In a letter sent to EPA's Inspector General on Friday, Senate Judiciary Chairman Patrick Leahy, D-Vermont, asked for a probe into the president's claims of executive privilege over the California documents and other "White House interference" into decisions by the agency.

On Monday, Leahy said, "I hope this e-mail is not akin to the wide range of tactics this administration has used to thwart accountability."

By Cornelia de Bruin The Daily Times
Article Launched: 07/23/2008 12:00:00 AM MDT

FARMINGTON — Confidence, tempered by expectations of litigation, describe the sentiment at Bracewell and Giuliani, the Washington, D.C., law firm representing Sithe Global as it awaits permission to build Desert Rock Power Plant.

"The only assumption we can make is that the Environmental Protection Agency will make a decision on the operating permit," Jeff Holmstead said.

EPA is mandated by consent decree to issue its decision on the air permit by July 31. Sources at the federal agency remain unanimously mum on progress toward a decision.

"There is no reason to deny the permit," Holmstead said. "We live in a society based on the rule of law. If we meet the standards, legally we are entitled to get it."

At the same time Holmstead and others at the large law firm watch the clock tick toward the mandated deadline, they equally expect a lawsuit to follow on the heels of the EPA's action.

"It will be litigated," Holmstead said. "The Sierra Club has raised a lot of money to challenge this, but it has very little to do with Desert Rock — it has everything to do with not allowing anything to be built."

The cost of fighting such a lawsuit is "frustrating," he said.

Desert Rock, which is years in the planning stages, would be located near Burnham on the Navajo Nation. It would be San Juan County's third coal-fired power plant.

More steps lie ahead

Having the operating permit does not guarantee construction crews can start work soon.

Sithe Global must undertake a Maximum Achievable Control Technology study to ensure Desert Rock's Mercury emissions will be at the lowest possible level.

Mercury emissions were among several concerns detailed in a request filed by the state of New Mexico on the last day of an EPA consent decree-related comment period earlier this month.

The filing stated if Desert Rock begins operating, its estimated "more than 10 million tons per year of carbon dioxide" would impact greenhouse gas emissions.

"Because of our (Sithe's) desire to locate on tribal lands there are hoops to jump through ... then we need to get an environmental impact statement and a lease from BIA," Holmstead said. "It's highly unlikely the MACT determination will change anything."

Diné Power Authority wants funds

To further complicate the picture, the Navajo Nation Council's summer session has a spending measure that could send $1 million to Diné Power Authority for work on the controversial plant and a transmission line.

"It's a standalong piece of legislation," said Steven C. Begay, DPA's general manager. "It would be used for DPA staff, board consultants and operating expenses."

Diné Citizens Against Ruining Our Environment and Doodá Desert Rock spoke about the funding possibility the day after it became public.

"The Tribal Council is wondering what's being done with the funds," said Dailan Long, Diné CARE community organizer. "They could be invested elsewhere than Desert Rock."

Diné Power Authority, the entity that would operate Desert Rock, asked for the $1 million supplemental appropriation. The tribe's Office of Management and Budget already has said Diné Power Authority should have submitted its request for the fiscal year 2008 budget, according to Elouise Brown, Doodá Desert Rock Committee President.

A sticking point for Doodá Desert Rock is DPA's lack of reporting on its funding to the Tribal Council.

"Diné Power Authority did not report where it got the money to operate thus far this fiscal year, and OMB said it should have done so," Brown stated in a press release dated July 21.

Responded Begay, "In fiscal year 2008 we didn't get any appropriation, we carried over funds from '07. This is our first '08 request and it's to help us get through the EIS (environmental impact statement) and air permit process. Also, we anticipate being sued by Doodá if we get the permit."

Cornelia de Bruin

July 24, 2008By Katie Burford | Herald Staff Writer

Colorado health officials will be looking to answer many questions if San Juan County, N.M., is declared a non-attainment area for ozone, as is close to occurring.

This was one of the topics of a briefing on air quality given Wednesday to local officials by Paul Tourangeau, director of the air-pollution control division of the Colorado Department of Public Health and Environment.

He said that a monitoring site at Navajo Lake had exceeded federal ozone standards for two years. A third year over the limit will earn the area the non-attainment designation, which will require New Mexico to come up with a plan for bringing the level down.

Officials will start by looking at major emissions-producing sources in the area, including two major coal-burning power plants and extensive gas operations.

Tourangeau said officials in Colorado will look closely at the geography and topography to determine how much of that is bleeding into the southwest corner of the state.

Monitoring sites near Mesa Verde, Bondad and Ignacio have registered ozone levels below federal standards, which were tightened this year from 0.08 parts per million to 0.075 parts per million.

"The monitors in Southwest Colorado right now are looking good, albeit close," he said.


In La Plata County, gas production is responsible for the biggest chunk of emissions, though data has not been systematically collected.

Ozone causes respiratory problems, particularly in people whose breathing is already compromised.

The state health department has expressed concerns to the federal Environmental Protection Agency about the additional emissions that would be created by the proposed coal-burning Desert Rock power plant southwest of Farmington.

Tourangeau said Mesa Verde has some of the highest levels of mercury in the country. Coal-burning power plants are a major source of mercury pollution.

By Mary Clare Jalonick The Associated Press
Article Launched: 07/22/2008 12:00:00 AM MDT

WASHINGTON — The Indian Health Service has lost at least $15.8 million worth of equipment and later falsified documents to cover up some of those losses, according to congressional investigators.

The 5,000 pieces of lost or stolen equipment included a computer that contained more than 800 Social Security numbers and sensitive health information. Also missing are trucks, tractors, all-terrain vehicles and about a third of information technology items — including computers, video projectors and digital cameras — from the agency's headquarters in Rockville, Md.

The Government Accountability Office estimated losses between the 2004 and 2007 budget years in a report released Monday. Investigators blamed mismanagement at the top of the embattled agency, which often runs out of money to provide adequate health care to the American Indians it serves.

"IHS management has failed to establish a strong tone at the top,' allowing property management problems to continue for more than a decade with little or no improvement or accountability for lost and stolen property and compromise of sensitive personal data," investigators wrote.

In an official response to the report, Health and Human Services officials agreed with many of the investigators' recommendations to tighten property oversight and regulations. But the officials also disagreed with some of the allegations, saying there were inaccuracies in the investigators' descriptions of some cases.

The department added that the study failed to appreciate that IHS has a unique property management system compared to other agencies because of the collaboration with Indian tribes.

The GAO said the agency, which is part of the Department of Health and Human Services, "made a concerted effort" to obstruct the investigators' work, including misrepresentations of data and fabricated documents.

In one case, a person identified in the report as the IHS director responsible for property claimed the agency was able to find about 800 items thought to be missing. Investigators later found this wasn't true. In another case, a property specialist acknowledged he fabricated documents saying hundreds of items were not missing and were properly disposed of.

Included in the missing items is a desktop computer that was stolen in April 2007 from an IHS hospital in New Mexico. The computer contained a database of names of 849 uranium miners, including their Social Security numbers and medical history.

North Dakota Sen. Byron Dorgan, chairman of the Senate Indian Affairs Committee, said his panel has scheduled a hearing on the issue next week.

"It's disgusting what's happening at the Indian Health Service," Dorgan said. "We can't continue to allow this. We have people dying because they can't get health care, and then we get a report like this."

The report also slaps the agency for wasteful spending. According to the GAO, there are three computers for every one employee at IHS headquarters. The investigation also found that computers and other technology equipment often were assigned to vacant offices.

The agency has not implemented proper safeguards to protect their equipment, investigators said. As an example, the report noted that $700,000 in equipment was disposed of because it was "infested with bat dung."

The report was requested by Rep. Henry Waxman, D-Calif., the chairman of the House Oversight and Government Reform Committee, and Rep. Nick Rahall, D-W.Va., chairman of the House Natural Resources Committee, after a whistleblower — identified in the report as a "cognizant property official" — called the GAO's fraud hotline.

That official alleged IHS headquarters could not locate almost 2,000 pieces of equipment worth more than $1.8 million, including computers and other potentially sensitive information. The official also said IHS employees were writing off millions of dollars of equipment without holding anyone financially liable.

Investigators identified the lost and stolen property by reviewing agency documents and by conducting their own surveys at individual offices. GAO said the numbers of missing items and their total value is probably much higher, since the investigators only looked at a sampling of locations and the agency does not consistently document missing items.

Navajo Council to meet for summer session
By FELICIA FONSECA Associated Press Writer
Article Launched: 07/20/2008 11:23:17 AM MDT

WINDOW ROCK, Ariz.—The Navajo Nation Council's summer session starts Monday, and among the items to be considered are a ban on the use of commercial tobacco, more than $13 million in spending measures and a proposal to reduce the number of people on the tribe's board of education.

Some delegates will arrive at the council chambers on horseback—part of an annual dayslong ride from different parts of the reservation to honor past tribal leaders. Other delegates will arrive on motorcycles.

The proposed tobacco ban is near the end of the council's agenda and likely will be taken up Friday. The measure would prohibit smoking cigarettes and chewing tobacco in public buildings and shared public air space, such as fairs and rodeos. Tobacco used in ceremonies for traditional or religious purposes would not be included in the ban.

The council also will consider a proposal to cut the tribe's board of education from 11 to seven and strip it of its authority to hire an education superintendent. Delegates voted during the spring session to table the bill to allow the board and the council's Education Committee to work out their differences.

Delegates also had tabled a measure to create a tribal Department of Veterans Services so that a budget and a plan of operation could be drawn up.

Council Delegate Jonathan Nez again will ask delegates to support a referendum vote to limit the time they can spend in office. Under the bill, delegates could serve no more than four consecutive 4-year terms and the speaker four consecutive 2-year terms. The measure failed in the council's spring session in January.

More than $13 million is included in spending measures, but the council cannot fund them all. Tribal Controller Mark Grant said Friday that $9.4 million is available in the so-called Undesignated, Unreserved Fund that delegates draw from for supplemental appropriations.

Some council committees had voted to table certain spending measures because there's not enough money in the fund. Bills can reach the full council floor even if they are tabled or rejected in committee.

The spending measures include $6.6 million that would be divided among the chapters for capital improvement projects; $2.5 million for the construction of a new elections building and $1 million to the Dine Power Authority for work on the controversial Desert Rock power plant and a transmission line.

The power authority received $2 million from the council in April 2007 after having requested the funds at the previous three sessions. At the time, delegates questioned how DPA had spent previous allocations and wondered how often DPA would ask the council for more money.

In a letter to Council Speaker Lawrence Morgan, DPA general manager Steve Begay, said the appropriation is "paramount to complete these large scale energy projects and not lose the investment that has already been made by the Navajo Nation."

Northwest N.M. residents invited to Asthma Summit: Event set for Thursday in Gallup
By Jacelle Ramon-Sauberan The Daily Times
Article Launched: 07/21/2008 01:40:11 AM MDT

The New Mexico Department of Health invites the public to attend an asthma summit this Thursday in Gallup.

"It is the best way to address asthma," said Deborah Busemeyer, communications director for the New Mexico Department of Health. "We want to hear the challenges or success people have encountered with asthma."

The purpose of the asthma summit is to give residents the opportunity to address childhood asthma issues, access to medical care, prevention of asthma attacks and environmental triggers.

The summit is free and open to the residents of Cibola, McKinley, San Juan, Valencia and Sandoval counties. There is no limit to how many people can attend. However, the Department of Health would like people to register, Busemeyer said.

"It is a condition that will continue to increase and overwhelm us if we do not do something about it," said George Chota, Respiratory Therapy supervisor at San Juan Regional Medical Center in Farmington.

Children are at high risk for getting asthma and the numbers keep increasing every year, he said. The most important ways to prevent or contain asthma is becoming educated and getting in contact with a family physician for treatment.

Nearly 15 percent of children in the northwest part of the state have asthma. Asthma affects one out of every four Americans and accounts for a quarter of emergency room visits in the U.S. each year, according to the New Mexico Department of Health.

The Desert Rock Power Plant picked up stiff opposition this week. The State of New Mexico formally came out against a proposed consent decree between the Environmental Protection Agency and Desert Rock. The agreement would have required the EPA to make a decision on the Desert Rock air quality permit by July 31.

Sithe Global wants to build the $2 billion Desert Rock Energy Project on Navajo Reservation land, 30 miles southwest of Farmington. The new plant would be among the largest in the nation and generate enough energy for 1.5 million homes. The plant has already won preliminary approval from the EPA, which touts it as state-of-the-art. However, Desert Rock would still emit more than 10 million tons of carbon dioxide a year, adding to the 28 million tons a year already emitted by the nearby San Juan Generating Station and Four Corners Power Plant. The plant has yet to receive its final permit from the EPA, and the State of New Mexico, along with a host of other opponents, is now doing its best to see that it does not happen without a proper review.

In addition to trying to block the consent decree, the New Mexico Attorney General also filed a motion to intervene in an ongoing court case. The lawsuit is working to ensure that the EPA fulfills all statutory requirements under the Clean Air Act prior to issuing a permit for the plant.

“Intervening in this lawsuit is the right thing to do to protect New Mexicans from a hasty permit decision by the Bush Administration,” Gov. Bill Richardson said. “Arriving at a decision by July 31 will shortcut consideration of the hazardous air pollution, mercury and carbon dioxide emissions from this coal-fired power plant. These emissions will have real effects on the people of New Mexico, their environment and the state’s wildlife. These impacts must be evaluated carefully.”
Richardson’s Energy and Environmental Policy Advisor Sarah Cottrell and New Mexico Environment Department Secretary Ron Curry traveled to San Francisco on Wednesday to meet with the EPA. Curry noted that the agency is not considering the full realm of potential Desert Rock impacts.

“EPA’s refusal to include all of the Clean Air Act requirements as part of the permitting process is an abdication of the agency’s statutory obligations and threatens the environmental health of the residents in the state and surrounding region,” he said. “In a region where prominent landmarks such as Shiprock and the Chuska and Carrizo mountain ranges are already shrouded in clouds of pollutants, Desert Rock will contribute to visibility problems in the national parks and wilderness areas throughout the Four Corners area.”

The state’s comments also point out that the EPA has failed to complete several analyses, including finding the best available control technology for small particulate matter and carbon dioxide emissions. The state also has a host of other allegations: the agency has yet to respond to public comments; San Juan County is about to be designated a non-attainment area for ozone pollution; and the plant’s technology is actually behind the times.

On the flip side, Frank Maisano, Desert Rock spokesman, maintains that the plant has already been through a stringent review and more delays will only hurt the Navajo Nation.

“The settlement has nothing to do with the substance of the permit,” he said. “It only addresses the three-year delay in EPA’s requirement to issue or reject a permit for the project. With more than 400 public meetings, thousands of public comments and more than five years of discussion about this project, there is little need to delay this project further. It only hurts the Navajo Nation, its employment and economic opportunities and its sovereignty.”

By Cornelia de Bruin The Daily Times
Article Launched: 07/12/2008 12:00:00 AM MDT

FARMINGTON — The state of New Mexico filed a legal request Friday to derail the mandated issuance of the U.S. Environmental Protection Agency's air permit for the Desert Rock Power Plant.
Desert Rock is planned for construction near Burnham on the Navajo Nation. The 1,500 megawatt plant would generate electricity for customers in the Southwest.

The filing in U.S. District Court for the Southern District of Texas/Houston Division came at the end of the period to comment on the consent decree. That's the federal court that ordered EPA earlier this year to issue its consent decree no later than July 31.

"I think there's every reason to deny it," said Dailan Long regarding the operating permit at stake for Desert Rock.

Long is community organizer for Diné Citizens Against Ruining the Environment, a group diametrically opposed to San Juan County's third coal-burning power plant.

The state of New Mexico's motion to intervene pleads for a longer study period before EPA issues its decision.

"New Mexico must intervene now because the existing parties to this action have made it abundantly clear ... that they will not comply with statutory requirements in the permitting process," the filing states.
The shortened time until the ruling, mandated by the consent decree, "precludes EPA from satisfying crucial requirements in the permitting process," the request continues. "It requires EPA to act — contrary to law — without fulfilling its legal obligation ... to complete a formal consultation with the Fish and Wildlife Service."

The filing claims if Desert Rock begins operating, its estimated "more than 10 million tons per year of carbon dioxide" will impact greenhouse gas emissions — something Gov. Bill Richardson took aim against in 2005 when he issued a proclamation in which he vowed to reduce the gasses.

New Mexico is not alone in its objections. The state of Colorado also filed comments.

"Colorado has significant concerns regarding the decree ... (it) inappropriately accelerates final action ... prior to resolution of critical environmental issues," its letter to EPA Administrator Stephen L. Johnson stated. "The key unresolved air pollution issues ... include issues relating to mercury controls and emissions, greenhouse gases, ozone and regional haze."

Mercury and ozone issues are also among concerns expressed in both Friday filings.

"New Mexico is on the brink of non-attainment for ozone in the very region in which Desert Rock is proposed," the suit states.

San Juan County's ozone readings so far this summer have reached, but not passed, the new federal ozone standard of 0.075 parts per million (ppm) set by EPA earlier this year.

Timely decision expected

Jeff Holmstead, who works for the Washington, D.C.-based law firm Bracewell and Giuliani that represents Sithe Global and the Navajo Nation, expects EPA to issue a permit at the end of July.

Holmstead headed EPA's Air Program from 2001 to 2006.

"We don't expect a denial," Holmstead said of the EPA permit decision. "I don't anticipate it will be before the 31st."

Echoed Frank Maisano, spokesman for the legal firm, "We have a date certain, and that's a good thing for the Navajo Nation who's been waiting for five years."

Holmstead said the state's legal arguments regarding the consent degree "make no sense."

But even if EPA issues the operating permit holding up Desert Rock, Holmstead said construction crews probably would not be able to start building the 1,500 megawatt plant. That's because a recent Washington, D.C. Federal Circuit Court ruling regarding mercury emissions would require Desert Rock to conduct a Maximum Achievable Control Technology study to ensure its mercury emissions are the lowest possible.

"Because of the recent court ruling, every new power plant may need a MAC ruling," Holmstead said. "In the case of Desert Rock, it's not a big deal."

Desert Rock's backers tout the plant as being the cleanest-burning possible.

The plant also needs a federal environmental impact statement before it can move forward.

Cornelia de Bruin: cdebruin@daily-times.com

Associated Press - July 11, 2008 9:24 PM ET

DENVER (AP) - The head of the Colorado health department is asking federal regulators to oppose a fast-track permit process for a proposed coal-fired power plant in New Mexico.

In a letter sent Friday to the Environmental Protection Agency, Jim Martin says the EPA should not make a final decision on an air permit application for the Desert Rock plant south of Farmington until environmental impacts are fully addressed.

He says Colorado will be directly affected by emissions from the proposed 1,500-megawatt Desert Rock plant and that two existing coal-fired plants in the Four Corners region are already hurting air quality there.

Martin says the potential impacts of the proposed plant warrant extra time for review.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

By Kathy Helms
Diné Bureau

WINDOW ROCK — The state of New Mexico has filed a motion to intervene in a proposed consent decree requiring U.S. Environmental Protection Agency to act on an air permit application for the Desert Rock power plant.

Desert Rock Energy Co. LLC and Diné Power Authority filed a complaint March 18 seeking injunctive relief to compel EPA to act on their pending application for a Clean Air Act Prevention of Significant Deterioration permit.

They must obtain the permit in order to construct the proposed 1,500 megawatt coal-fired Desert Rock power plant to be built on the Navajo Reservation near Farmington. Today is the deadline for comment on the consent decree. The issue will be decided by July 31.

In the motion filed Wednesday in U.S. District Court in Houston, New Mexico Attorney General Gary K. King said the July 31 deadline on the proposed consent decree precludes EPA from satisfying crucial requirements in the permitting process.

“New Mexico must intervene now because the existing parties to this action have made it abundantly clear, in a proposed consent decree lodged recently with this court, that they will not comply with statutory requirements in the permitting process.

“It requires EPA to act — contrary to law — without fulfilling its legal obligation under the Endangered Species Act to complete a formal consultation with the Fish and Wildlife Service,” King said, adding that the deadline also means EPA will act without having considered controls on emissions of carbon dioxide or fine particulate matter.

Frank Maisano, spokesperson for Sithe Global Power LLC, developer of the Desert Rock project along with DPA, said the lawsuit is only about the timing of issuing the permit.

“EPA has a Clean Air Act statutory requirement to issue a permit decision 12 months after it receives an accepted permit application. That was May of 2004. They are over three years late in issuing a decision.

“It has nothing to do with any of the items General King lists in his request for intervention. You can’t say that this permit ought to be stopped because we haven’t had a meeting about endangered species yet, because that has nothing to do with the air permit.”

Nathan Plagens, director of Project Development for Sithe, said the company feels that Desert Rock and EPA have fulfilled all their obligations and performed the necessary evaluations to issue the permit.

“We have met with the governor’s office several times. I guess we’re disappointed that the governor’s office still fails to listen to us, hear us out, believe what we tell them, and support the Navajo Nation in their economic development affairs.”

King said New Mexico has made concerted efforts to reduce statewide greenhouse gas emissions, “all of which would be undone by the more than 10 million tons per year of carbon dioxide that Desert Rock will emit.”

The proposed deadline requires EPA to overlook legal and practical considerations by taking final action without having evaluated Desert Rock’s emissions of hazardous air pollutants like mercury and ozone precursors, he said.

“Nearly every single major reservoir in New Mexico is already under a fish consumption advisory because of elevated mercury levels.”

Under the new federal ozone standard, “New Mexico is on the brink of non-attainment for ozone in the very region in which Desert Rock is proposed,” King added.

The motion states that though plaintiffs allege they submitted a completed PSD permit application on May 21, 2004, and that EPA was obligated to take action no later than May 31, 2005, he said they may not have standing to bring the suit.

The original application was filed by Steag Power LLC, and the state has not located any evidence in the administrative record showing that the plaintiffs have been substituted as the permit applicant, he said.

N.M. tries to stop Desert Rock permit
Two state agencies say air-quality approval now would violate Endangered Species Act

July 11, 2008
By Ted Holteen | Herald Staff Writer

New Mexico's attorney general and environmental department say the proposed Desert Rock coal-fired power plant cannot be given an air-quality permit by a July 31 deadline because it would be a violation of the Endangered Species Act.

More studies - which will take months, at a minimum - are required, they say.

The two offices filed a joint motion Thursday to intervene in a federal lawsuit between proponents of the power plant and the U.S. Environmental Protection Agency. Desert Rock developers are suing the EPA for delaying action on a Clean Air Act permit for the plant.

Desert Rock spokesman Frank Maisano said the lawsuit was filed because the EPA broke the law by not deciding on the permit within the required time. By law, the EPA must make a decision within 12 months of receiving a completed application. Desert Rock's application was deemed complete in May 2004.

"That's easy math - it's more than three years overdue at this point," Maisano said.

The EPA agreed to the July 31 deadline to decide on the permit as part of a settlement of the lawsuit, but the state entities decided to intervene because they believe the permit cannot be acted upon until other environmental reviews are completed.

Sithe Global Power, based in New York, and the Navajo Nation's Diné Power Authority propose to build the $2.5 billion, 1,500-megawatt, coal-fired power plant 30 miles southwest of Farmington on the Navajo Indian reservation.

In a news release, Attorney General Gary King said, "This permitting process is truly putting the cart before the horse. We believe there are a number of regulatory issues that need to be addressed by the EPA before it can make a decision on this permit."

The issues King's office raised include the plant's possible effects on fish and wildlife, carbon-dioxide pollution and compliance with federal standards for ozone pollution.

But Maisano said the intervention by state officials misses the point.

"Do they even realize what this lawsuit is about?" he asked.

"It's not about the substance of the permit; it's about why it's taking so long for them to respond to it. They're trying to delay this project again, and the only reason they're doing that is because they're against it. The only thing a delay does is hurt the Navajo nation. Shame on the New Mexico government for imposing its will on Navajo sovereignty."

King's office, however, may not be Desert Rock's only concern. Mike Eisenfeld, the New Mexico energy coordinator for the San Juan Citizens Alliance, said a coalition of environmental groups will likely file a motion today to dismiss the lawsuit between Desert Rock and the EPA outright.

Spearheading the dismissal motion is the organization Earth Justice; others participating include the Sierra Club, Natural Resources Defense Council, San Juan Citizens Alliance and Diné Care, a group founded by Navajo tribal members opposed to the power plant.

Eisenfeld said if the lawsuit is not dismissed, the groups will push for a change of venue. It is currently being heard in federal court in Texas, and the groups believe it should be moved to New Mexico or California, which is the home state of the EPA's Region 9, which oversees operations in New Mexico.

Desert Rock proponents claim all of the legal maneuverings are politically motivated. Today, Navajo Nation President Joe Shirley, Diné Power Authority General Manager Steven Begay and Desert Rock Energy Co. Executive Vice President Dirk Straussfeld will send a letter to New Mexico Gov. Bill Richardson and King protesting a June 19 letter from Richardson's office that accused the EPA of fast-tracking the permit process under pressure from Desert Rock.

Jeff Holmstead, the head of the environmental strategies group at Bracewell & Giuliani, the law firm that represents the Desert Rock project, said the EPA should ignore the pressure from the governor's office and stick to the July 31 deadline.

"They've obviously thought of every argument they can make, but it's all irrelevant," Holmstead said.

"I'm pretty confident nothing will come of this motion, but it satisfies a political need the governor must feel. The politics here are pretty interesting - there are certain laws that people are supposed to follow, and the fact that they feel passionately about these issues doesn't mean that the court shouldn't follow what the law says."

FOR IMMEDIATE RELEASE Contact: Phil Sisneros 505-827-6792
Thursday, July 10, 2008 Lynn Southard 505-222-904

AG Moves to Intervene in Desert Rock Lawsuit
Environment Department Joins Effort

(ALBUQUERQUE)---"New Mexico can not afford to sit idly by as attempts are being made to skirt the legal requirements for a new coal-fired power plant to be built in the state," says Attorney General Gary King.

The Attorney General's Office and the New Mexico Environment Department today filed a joint motion to intervene in a federal lawsuit between the U.S. Environmental Protection Agency (EPA) and proponents of the proposed Desert Rock power plant on Navajo Nation trust land in the Four Corners area. The EPA indicated it will issue a decision on the plant's air permit by July 31 as part of a proposed settlement of a lawsuit Desert Rock developers brought against the agency for delaying action on the Clean Air Act permit for the plant. New Mexico seeks to intervene because the July 31 deadline would mean that the EPA would act on the permit before it completes important and obligatory environmental reviews.

For example, if the EPA acts by July 31, it would do so in violation of the Endangered Species Act. That Act unequivocally requires that any EPA decision on a Desert Rock permit be guided by a completed formal consultation with the U.S. Fish and Wildlife Service regarding the impacts of Desert Rock on endangered species. That formal consultation—which takes several months—has not even begun.

"This permitting process is truly putting the cart before the horse. We believe there a number of regulatory issues that need to be addressed by the EPA before it can make a decision on this permit," says Attorney General King. "The effects on fish and other wildlife under the Endangered Species Act must be considered; carbon dioxide pollutant levels must be determined; compliance with new federal standards for ozone pollution must be met; and the maximum achievable control technology (MACT) standards for hazardous air pollutants have yet to be addressed by the EPA."

State Environment Department experts have been working closely with AG's Office attorneys to formulate an action plan to identify and address environmental and legal concerns presented by the proposed power plant. Both agencies agree that important environmental issues have yet to be addressed by the EPA in the Desert Rock permitting process. New Mexico therefore must have a seat at the table in this litigation to ensure that the EPA's permitting process includes adequate protection of the environment and the health of citizens of New Mexico.

In a letter last month to the EPA, AG King and Governor Bill Richardson warned that fast-tracking the permit for Desert Rock without the required analyses could worsen air quality and adversely affect the health of those in the region.


###

AG seeks to slow coal-fired plant's approval process
BY CHRIS RIZO
Gary King (D)

ALBUQUERQUE, N.M. (Legal Newsline)---New Mexico Attorney General Gary King has filed a motion to intervene in a lawsuit between the U.S. Environmental Protection Agency and supporters of the proposed Desert Rock power plant on Navajo Nation trust land in the Four Corners area of the state.

"New Mexico cannot afford to sit idly by as attempts are being made to skirt the legal requirements for a new coal-fired power plant to be built in the state," King said Thursday.

The Democratic attorney general filed the joint petition along with the New Mexico Environment Department, his office said.

The U.S. Environmental Protection Agency has said the agency will issue a decision on the coal-fired plant's air permit by July 31, as part of a proposed settlement of a lawsuit Desert Rock developers brought against the agency for allegedly delaying action on a needed permit for the plant.

The state seeks to intervene in the federal lawsuit because the July 31 deadline would mean that the EPA would act on the permit before it completes obligatory environmental reviews, the AG's office said.

Among other things, the EPA must consult with the U.S. Fish and Wildlife Service regarding the impacts of Desert Rock on endangered species, a process that can take several months to complete, before the permits can be issued.

"This permitting process is truly putting the cart before the horse. We believe there a number of regulatory issues that need to be addressed by the EPA before it can make a decision on this permit," King said.

"The effects on fish and other wildlife under the Endangered Species Act must be considered; carbon dioxide pollutant levels must be determined; compliance with new federal standards for ozone pollution must be met; and the maximum achievable control technology standards for hazardous air pollutants have yet to be addressed by the EPA," he added.

In a letter last month to the EPA, King and Democratic Gov. Bill Richardson warned that fast-tracking the permit for the Desert Rock project could worsen air quality and adversely affect the health of those in the region.

From Legal Newsline: Reach reporter Chris Rizo by e-mail at chrisrizo@legalnewsline.com.

July 7, 2008

The shenanigans at the Environmental Protection Agency over air quality and national parks would be laughable if they were not so serious - and if some of their worst effects were not directly upwind. As it is, they threaten to damage further what should be some of the cleanest air in the country.

In a top-down move coming out of Washington, the EPA is trying to change some provisions of the Clean Air Act governing how air quality is measured in areas that take in 48 national parks - including Mesa Verde. The changes would affect the timing of air-quality measurements in a way critics say would effectively lower air-quality standards and lead to higher levels of pollutants.

If this revision is not a deliberate attempt to smooth the regulatory way for the proposed Desert Rock power plant, it is simply an assault on the very idea behind the Clean Air Act. Either way it is wrong.

That it is about Desert Rock is made easier to believe given the individuals involved. Jeff Holmstead was the head of the EPA's air pollution control office back in 2005 when the proposed rule changes were drafted. He is now the head of the environmental strategies group at Bracewell & Giuliani, the law firm that represents Sithe Global and Desert Rock. (And, yes, the second name is that of former New York City mayor and one-time presidential candidate Rudy Giuliani.)

Holmstead dismisses complaints about the rule changes, saying: "This is just the worst example of the environmentalists trying to stir up public opinion over something that doesn't really matter. `85 The environmental community wants it to be this way because it gives them leverage; it makes it easier to stop an individual project because it will foul the air in our national parks. But it's just not true."

Nonetheless, it is hard to see what other purpose the changes have, and the revolving-door relationship between those drawing up regulations and those who benefit from weakening the rules is seriously suspect.

It is also telling to see who lined up on the other side. The National Park Service is concerned about the rule change. Eight U.S. senators - including Colorado's Ken Salazar - signed a letter in June protesting the changes to EPA Administrator Stephen Johnson. And eight out of 10 regional EPA offices have denounced the proposed changes.

One regional office of the EPA described the proposed new rules as "full of errors." It also said they showed a "fundamental misunderstanding of the permit process."

But then that would be consistent with the viewpoint of someone who wants to build a coal-fired power plant near a national park. From that standpoint the Clean Air Act may well be seen as an irrational impediment.

For residents of the Four Corners, however, clean air is neither a regulatory burden nor an abstract idea. We live in one of the most beautiful places on Earth - and with the effects of coal-fired power plants.

Pollution from the existing Four Corners power plants is visible from Mesa Verde and around Southwest Colorado. The Weminuche Wilderness Area has measurably elevated acid levels. Area residents have been cautioned about eating fish from local lakes and reservoirs because of mercury, almost certainly from the coal-fired plants.

Those things do matter, Desert Rock and its lawyers notwithstanding.

Associated Press

MESA VERDE NATIONAL PARK, Colo. — Environmentalists and some civic leaders are protesting proposed changes to the federal clean air law that they say will worsen pollution in several Western national parks, including Mesa Verde National Park.

Advocacy groups held news conferences at the southwest Colorado park and three others Wednesday to call on the Bush administration to abandon the change being considered by the U.S. Environmental Protection Agency.

The EPA has proposed changing the way the impact of a new pollution source on a park is calculated by looking at annual averages, rather than peak periods, of pollution.

"Mesa Verde sits at 7,000 feet, where the air is supposed to be clear and the skies blue, but we're already seeing the effects of ozone and haze because of the intensity of energy development in the Four Corners," said Jodi Foran, president of the League of Women Voters of Montezuma County.

The National Parks Conservation Association, San Juan Citizens Alliance and other groups contend the rule change is meant to make it easier to build coal-fired power plants near parks.

Mike Eisenfeld, the New Mexico energy coordinator for the San Juan Citizens Alliance, said the news conference was his first visit to Mesa Verde in two years.

"I was shocked. The visibility up there has decreased significantly since I was there last," Eisenfeld said.

He blamed the Four Corners Power Plant and San Juan Generating Station, both coal-fired plants in the area, for worsening air quality. Eisenfeld said he believes pollution would increase if the Desert Rock coal-fired plant is built as planned 45 miles to the south.

Mary Uhl, air quality division bureau chief at the New Mexico Environment Department, warned during a recent meeting in Durango that smog levels in Mesa Verde could exceed federal limits this summer.

Navajo Nation's Dine Power Authority and Houston-based Sithe Global Power want to build the $3 billion Desert Rock plant, which could produce electricity for up to 1.5 million homes in cities across the Southwest.

Under the federal Clean Air Act, national parks and other certain federal lands are considered "Class 1" air-quality zones, meaning they have the highest level of protection. Opponents say the proposed changes would permit more pollution by changing how and when pollution is measured, eliminating shorter-term monitoring periods intended to chart sharp rises.

Environmental groups point to another change that would no longer include some existing pollution sources when considering development of new ones.

Staffers in several EPA regional offices across the country and U.S. senators, include Colorado Democrat Ken Salazar, have criticized the proposals.

Jeff Holmstead, head of the environmental strategies group at Bracewell & Giuliani, the law firm that represents Sithe Global and the Desert Rock project, said environmentalists are focusing on worst-case scenarios. He was in charge of the EPA's air pollution control office when the proposed changes were drafted in 2005.

"What the EPA is saying now is, 'Let's use the appropriate tools, but not raise the highest hurdles we can,'" Holmstead said. "The environmental community wants it to be this way because it gives them leverage; it makes it easier to stop an individual project because otherwise it will foul the air in our national parks. But it's just not true."

Copyright ©2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Staff Writer
Article Launched: 07/01/2008 11:17:23 PM MDT

Editor:

Deliberate use of our Trust Funds or any other Diné money to cover reckless spending on ridiculous pork-barrel projects is irresponsible and scandalous.

Year after year we have heard and seen wasteful spending by our government. We suffer from lack of medical services, no homes for our Elders, terrible roads such as U.S. 491 — and the Joe Shirley government cries for taxes. Dirt roads are not maintained for schools, utility and public use, cost of living has risen and still rises, cost of fuel has sky-rocketed to where traveling has to be curtailed. The Navajo Nation doesn't give us what is rightfully ours.

Depending on the historically enormous spending of our government, they are hiding the true size of our Diné funds. Firsthand knowledge of all expenditures is something we don't know about until the funds are all gone. Meetings are held away from Navajo lands like they don't want anybody knowing about them.

Dealings in hideouts are extremely serious because council delegates are the only beneficiaries

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of our Diné "Pot-of-Gold." We are nowhere near being considered as recipients of any of our funds. They use credit cards to fuel tribal vehicles for personal use.
How long will our Diné money last?

Unless we, the constituents, make changes, we are in trouble of being bankrupt. The fight of our life is upon us with bank loans, casinos, liquors, Desert Rock — all by irresponsible government officials that will soon leave the tribe flat broke. Our children will have nothing and they will be left to pay the bill.

The most powerful weapon against government spending is you, citizens of the Navajo Nation, voters who have the right to be heard, respected, and served honestly by public servants you put into office. They should be honest, reliable, sincere, and faithful, open to investigation, prosecuted if guilty.

Citizens of the Navajo Nation need to stand shoulder to shoulder and commit to protecting the right to their benefits, their right to programs of their choice and needs. They need to increase their effectiveness in efforts to oppose government legislations and wasteful spending that would undermine them, their family, their fellow tribal members.

Forget casinos, liquor, Desert Rock, Albuquerque, Las Vegas, Hawaii and hideout meetings. We need doctors, clinics, better roads, more grocery stores. We have been short changed and we want it back, with interest.

Vote out big spenders or they will buy more diamond rings, jelly pants and fancy suits, bolo ties, briefcases, Hawaii and other trips. You figure it out.

R. MIKE FRANKLIN

Toadlena

N.M. planning commercial solar plant
LPEA supplier is one of several partners in project
July 3, 2008
By Dale Rodebaugh | Herald Staff Writer

The company that supplies power for La Plata Electric Association has joined three other large electricity providers in New Mexico to build that state's first commercial solar-powered generating plant, it was announced this week.

Jim Van Someren, spokesman for Tri-State Generation and Transmission Association, said Tuesday that the process started last year when several partners approached the Electric Power Research Institute, a nonprofit research and development firm, to propose a feasibility study regarding concentrated-solar power.

"So our request Monday for proposals to develop the plant is really the second step," he said.

Tri-State's partners in the venture are Xcel Energy, Public Service Co. of New Mexico and El Paso Electric. Southern California Edison and San Diego Gas & Electric were involved early in the process but dropped out. Tri-State is LPEA's supplier.

Although Durango-based LPEA will not be involved in the New Mexico project, LPEA General Manager Greg Munro said that eventually there could be a similar project in La Plata County.

"Ideas are floating around here but nothing as big as Tri-State," Munro said. "The Southern Utes are interested, and we'll be talking to them."

The problem is infrastructure, Munro said. There is no simple way to connect to the grid.

Electric Power Research Institute conducted the feasibility study. It assembled a team of experts from electric utilities and engineering firms to guide assessment of concentrated-solar technology, plant location and economic, environmental and regulatory issues.

Out of the study came a project aimed at building a plant in New Mexico to use parabolic-trough technology to produce 211,000 to 375,000 megawatt-hours of electricity a year. The ability to store electricity would be a plus.

A pair of locations near Albuquerque and a location near Lordsburg, in the southwest corner of the state, have been mentioned as sites for the plant.

Parabolic-trough technology - used at three commercial-sized plants in California and one in Nevada - relies on banks of trough-shaped mirrors that focus solar rays on an oil-filled tube, Van Someren said. The hot oil generates steam to operate a generator.

When energy can be stored - as opposed to power that is used instantly - parabolic-trough technology can generate electricity on cloudy days and at night, Van Someren said.

It's estimated that parabolic-trough plants require five to 10 acres per megawatt. A plant meeting the study specifications could satisfy the electrical needs of 29,000 to 52,000 New Mexico homes.

"It looked viable," Van Someren said. "So we used the information to put out a request for proposals."

By comparison, the proposed Desert Rock project in New Mexico involves two coal-fired 750-megawatt generating units. If the plant ran full bore, 24 hours a day, 365 days a year, the plant would produce in excess of 13 million megawatt-hours of electricity a year. That's 35 to 60 times more power than the New Mexico solar plant is expected to produce.

The partners hope to winnow construction proposals to two or three and then negotiate a contract by the end of the year, Van Someren said. If regulatory requirements are forthcoming, the plant could be operating by the end of 2011.

Who will own the plant hasn't been determined, Van Someren said. That decision is step No. 3.

"If the wheels of justice turn slowly, the wheels of utility resources development are even slower," Van Someren said.

Also to be determined is how power from the plant would be divided among the partners. Tri-State probably would have a minority share since it's small relative to the others, Van Someren said.

Overall, the availability of land, reliable sunshine and the ability to deliver electricity determine where solar-powered generation plants are located, Van Someren said.

A story in last week's Business Week about the development of wind power in Kansas cited the importance of plant location. While Kansas has some of the strongest winds in the country, there is no adequate grid to deliver power to the east and west coasts where the bulk of demand is, according to the story.

Electricity from the New Mexico plant would be used by in-state consumers.

None of the power Tri-State presently generates comes from the sun's rays, Van Someren said. The Tri-State energy mix comes 70 percent from coal, 15 percent from other providers who use a variety of sources, 12 percent from water projects and 3 percent from natural gas, which is used to satisfy peak demand.

Tri-State, based in the Denver suburb of Westminster, supplies power to 44 electric cooperatives in four states - 18 in Colorado, 12 in New Mexico, eight in Wyoming and six in Nebraska.