National Tribal Air Association

Over the past few years, 10 new coal-fired power plants have been proposed in Michigan.  These proposals came perfectly in sync with the State's newly acquired authority to oversee the Title V program, the failing State's economy and one of the highest rates of unemployment in the nation, and before important mercury and greenhouse gas regulations were in place.

 Some of the 'big ticket' Tribal concerns are mercury contaminated Great Lakes and inland fish, ozone and other criteria pollutant impacts on humans, plants, and wildlife (edibles, medicinals, and otherwise ecologically important species), shifting biomes from climate change (northern Michigan is at the southern range of many species' habitats), and resulting reduced access to what should be legally-protected treaty-ceded natural resources, as well as increased utility costs.

 With so many coal-fired electric generating units, it's difficult to quantify their impacts and get a cumulative understanding.  The State models incremental impacts- how this one additional unit will affect the air/resources.  With so many proposed new sources, incremental analyses do not provide enough information.  Modeling and assessing cumulative impacts is a complex endeavor and requires more resources than are currently available to Tribal staff.

 The proposed 78 MW Holland Board of Public Works James DeYoung unit is located in an area with currently high and increasing levels of mercury in the surface water and fish tissue- already over health and safety limits.

 The proposed 930 MW Consumers Energy Karn-Weadock unit has an approved State air permit to install, which requires the use of carbon capture and sequestration (CCS) when it becomes available, despite CCS's 30% parasitic load and documented cost-prohibitiveness.  The permit also commits the company to closing 5-7 older coal-fired units throughout the state, because the new 930MW of power are not needed unless 930 MW of current power plants are shut down.  However, closing 5 units will likely equate only a 600-700 MW closure.  The older 5-7 units will not be required to follow the upcoming mercury regulations, which may have required their closure due to the expense of retrofitting to meet the mercury regulations.  With the deal, now the older plants can remain open for several more years without controlling their mercury emissions.

 The proposed 600 MW Wolverine Clean Energy Venture is located in a relatively pristine area and will consume over 86% of the 24 hour PM2.5 increment.

 With even the highest new proposed NAAQS for ozone (0.070ppm), all of the proposed plants will most likely be in non-attainment areas for ozone.  Regardless of these issues, if the permit applications are administratively complete, the State can (and according to many- should) approve.

 An important issue is the failure of the State and Federal governments to recognize Tribal rights and responsibilities over treaty-ceded territories when it comes to environmental regulation.  With small reservations, much of the Tribal hunting, trapping, fishing, and gathering occurs on State and Federal lands.  Impacts on the resources within State and Federal lands are important to the Tribes and directly impact their access to treaty-ceded resources.  Tribal signatories maintain usufructuary rights to these resources that should be federally protected.

 Yet another important issue is the process of notification and consultation between Tribal and State governments.  Tribes are currently included under the public comment period for Michigan air permitting.  Tribal environmental staff and Michigan Department of Natural Resources and Environment staff are currently working on developing better processes for notification, which involve the Tribes earlier in the permitting process.  The agreements between the Tribes in Minnesota and the Minnesota Pollution Control Agency are models for such coordinated communication on air and water permitting.

 Treatment as a Sovereign status is another option that would require the State to notify and consult with a Tribe prior to the public comment period for State permitting actions.  However, the US EPA does not pursue TAS designations for Tribal lands where the exterior boundaries are disputed by States.  Disputes over exterior boundaries have historically limited Tribal pursuit of TAS.