New Mexico's Air May be Cleaner Soon: Federal Court Issues Ruling Against PNM in San Juan Power Plant Pollution Lawsuit

FOR IMMEDIATE RELEASE:
October 15, 2003

Federal District Court Judge Bruce Black recently ruled in Albuquerque that the continuous pollution monitors at the San Juan power plant near Farmington can be used to show tens of thousands of alleged violations of the limits in the plant's permit. In a case brought by the Grand Canyon Trust and Sierra Club, Public Service Company of New Mexico (PNM) unsuccessfully argued to the court that its continuous pollution monitors could not be used to enforce compliance with the plant's air permit.

PNM claimed that compliance with the permit's limits could only be determined once a year with its monitors even though the monitors operate continuously. According to PNM, regulators would have to estimate pollution levels at all other times using naked eye inspections.

"I hope this ruling helps PNM understand that to be a good corporate citizen it needs to clean up the pollution that regularly fouls our air and blurs the spectacular landscapes of the Four Corners region," said John Cogan, a Farmington artist and member of the Grand Canyon Trust who is deeply concerned about air quality.

"PNM's argument is like claiming the speed limit should be enforced by a highway patrolmen standing on the side of the road guessing at how fast a car is moving rather than using radar," said Rick Moore, associate director of the Grand Canyon Trust. "We are pleased the court will consider this scientific evidence."

PNM also argued that if its continuous monitors were used to determine compliance that would make its pollution limit more stringent. The court ruled that PNM would not be permitted to submit evidence on this issue. This means, according to Moore, "that PNM must comply with pollution requirements all of the time, not just when inspectors are watching."

PNM's monitors showed that the San Juan plant exceeded its 20 percent opacity limit more than 60,000 times in the last 5 years. Opacity is the density of the pollution coming from the plant's smokestacks. It measures the amount of particles and gases emitted by the plant that are closely linked to human health impacts. Reducing opacity at San Juan could significantly reduce many harmful pollutants.

Mary Wiper, Sierra Club's Associate Representative, "The court ruled for science. New Mexico deserves continued progress on cleaning up air pollution despite stalling by the utilities and weaker protections proposed by the Bush Administration."

The court's ruling echoed a recent determination by the New Mexico Environment Department (NMED) that San Juan's continuous pollution monitors were to be used to establish compliance with the terms of the plant's permit.

Trial in the case is scheduled to begin on November 17, 2003.

For more information on San Juan Generating Station and the NMED letter contact:

• Rick Moore
  Grand Canyon Trust
  Associate Director
  928-774-7488
• Mary Wiper
  Sierra Club
  Associate Representative
  505-243-7767

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