NM governor says consent decree ties EPA's hands
SANTA FE, New Mexico—Gov. Bill Richardson said that a consent decree over a proposed coal-fired power plant south of Farmington ties the hands of the U.S. Environmental Protection Agency.
Richardson is urging the EPA to delay issuing an air permit for the Desert Rock plant until New Mexico can be consulted about its impact.
The consent decree will prevent a "full and thorough analysis of the far reaching impacts this plant will have on the health of New Mexicans," he said in a statement issued by his office Tuesday. Richardson is overseas on an economic development trip.
The EPA filed the consent decree last week in U.S. District Court in Houston, agreeing to act on the permit for the plant by July 31.
The Dine Power Authority is in partnership with Houston-based Sithe Global Power for the planned $3 billion, 1,500-megawatt Desert Rock project. Sithe is 80 percent owned by New York-based Blackstone Group.
The DPA and Sithe applied for the air permit in early 2004. Under federal law, the EPA has a year to make a determination and issue a decision. The developers sued the EPA in March, accusing the federal agency of dragging its feet on the permit.
"Every indication is that this is an agreement being pushed by the Bush White House to the detriment of air quality in the Four Corners region," Richardson said. "I urge EPA to delay issuance of the permit pending full consultation with New Mexico regarding the far-reaching environmental impacts -- including asthma-causing ozone, mercury and greenhouse gas emissions -- that will be caused by this plant."
Construction can't begin until the air permit and an environmental impact statement are approved.
The 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.![]()


