Wolverine permit decision might be later than 60-day window

by Richard Lamb, Advance Editor

More consideration is needed by the state before a permit to install (PTI) could be issued by the state, according to Brad Wurfel, spokesman for the Michigan Department of Environmental Quality (DEQ). Wurfel said the state is working with Wolverine to comply with federal and state laws designed to safeguard the environment. ?BASED ON current Environmental Protection Agency (EPA) guidance, it is not possible to meet the court?s 60-day window. As a demonstration of compliance with two newly applicable regulations it would take longer than the court-allotted time frame. These two new regulations are the new one-hour National Ambient Air Quality Standard for sulfur dioxide and the requirement to provide a Best Available Control Technology demonstration for greenhouse gasses,? Wurfel said Tuesday.

Wolverine?s application for a permit to install (PTI) is back in the hands of the Michigan Department of Environmental Quality (DEQ) after a Missaukee County judge ruled late last month that the state denied the permit for the wrong reasons. The state had denied the request last May. The process could extend into June at the earliest, with a public comment period included, Wurfel said. ?DEQ is working to protect human health and the environment. In this case, we get there by making sure permitted activity conforms to state and federal clean air laws. That?s what we?re supposed to do in reviewing a permit application. So, if the application meets state and federal clean air requirements, we?d have no reason not to issue a permit? Wurfel said.

?Wolverine representatives have expressed an interest in getting their permits done right, and DEQ is interested in the

same. That can?t be accomplished in 60 days, so we are working together through the process.? THE PERMIT application is not fundamentally different, Wurfel said, but expanded to address the two new federal provisions. ?I think it?s fair to say the goal is to work cooperatively with the applicant to ensure that what is produced is done right,? he said. Wolverine Power announced its plans in May of 2006 for construction of a 600-megawatt power plant project, planned for land within the Calcite quarry. Wolverine?s permit application, after nearly 1,000 days of consideration, was denied by the state May 21, 2010.

When Wolverine appealed the ruling, a Missaukee County judge determined the ?action of the DNRE exceeded its statutory authority by denying the PTI base upon need,? and sent the matter back to the state for reconsideration. The judge gave the state 60 days, which expires at the end of March. Additional information can be found at the following web link, scroll down to the heading called ?Wolverine Power Supply Cooperative, Inc. ? Permit to Install No. 317-07. http://www.deq.state.mi.us/aps/cwerp.shtml.