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DNR: More Wis. power plants violate Clean Air Act

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[February 20, 2010]  MADISON, Wis. (AP) -- At least five more state-run power plants are not in compliance with federal clean air regulations and need to install tighter pollution controls, Gov. Jim Doyle's administration acknowledged Friday.

HardwareThe Department of Administration said it would reduce coal use, use cleaner alternative fuels or otherwise limit emissions at plants that heat UW-Eau Claire, UW-La Crosse, UW-Oshkosh, UW-River Falls and Mendota Mental Health Institute.

The acknowledgment means at least eight state-run plants have violated the Clean Air Act in recent years. The administration said it would study five more plants to determine whether they also were in noncompliance.

The DOA had hired a consultant in 2008 to review whether the plants were in compliance in the federal act as part of the settlement of a lawsuit filed by the Sierra Club environmental group. The consultant's report, made public last year, found they all were in compliance and did not require stricter pollution controls.

The Sierra Club disagreed with the findings. After months of studying the issue, the Department of Natural Resources largely sided with group Friday, telling the administration they needed to receive permits to continue operating the five plants but in a cleaner way.

The DNR also said five more plants - those at UW-Platteville, UW-Stevens Point, UW-Stout, UW-Superior and Winnebago Mental Health Institute - need further study to determine whether they are violating the act's requirements.

Administration Secretary Michael Morgan said he accepted the DNR's analysis as the state's air regulator and promised to work with the agency to address the problems.

Exterminator

"We will either eliminate the use of coal, reduce the use of coal by using alternative fuels and natural gas, or greatly reduce emissions" at the plants, he said in a phone interview. He declined to estimate how much the fixes might cost, but said: "It's fair to say we are going to have to make an investment as we move forward in reducing the use of coal in the state of Wisconsin."

The state already is spending $251 million to convert a coal-fired plant that powers UW-Madison to run on natural gas and biomass after a federal judge agreed with the Sierra Club it had violated the Clean Air Act.

The Sierra Club's lawsuit had questioned whether numerous other plants were violating the act because managers did not obtain permits when they went through major construction and maintenance projects as required. Such permits are designed to cut pollution by making sure operators use the best available technology.

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Nursing Homes

The consultant hired under the settlement in that case, RMT Inc., found three projects at a power plant that runs the Capitol and one at a plant that powers a Waupun prison also violated the act's requirements. The administration has announced plans to use natural gas instead of coal at both plants.

But the RMT study, which cost $144,000, found numerous other projects at power plants across the state were routine and therefore exempt from the permitting requirements. The Sierra Club claimed the study was incomplete and flawed and submitted its evidence to DNR last summer.

The Sierra Club filed another lawsuit Monday, claiming the DNR was dragging its feet in releasing its study of the plants and related documents. DNR Secretary Matt Frank summarized its analysis in a letter to DOA on Friday, agreeing many of the projects should have required permits.

"I look forward to an expeditious resolution of these alleged violations of the federal clean air act requirements," he wrote.

Sierra Club representative Jennifer Feyerherm called Friday's announcement another step toward fixing power plants that contribute to global warming and health problems.

"We look forward to working with DOA to bring those not in compliance in to compliance and move them off of coal," she said.

[Associated Press; By RYAN J. FOLEY]

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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