White Stallion Air Permit: Setting the Matter Straight

Earlier this month, guest blogger Allison Sliva expressed approval for a court decision that effectively withdrew an air permit application to build a proposed coal plant (White Stallion) in Matagorda County.

EDF had filed a legal document called a “Motion to Remand” based on White Stallion's use of two different site plans in applying for permits with the Texas Commission on Environmental Quality and the U.S. Army Corps of Engineers. The plans differed vastly in the locations of emissions sources, and changing emissions sources can affect the permits compliance with Clean Air Act standards and TCEQ rules.

Now, even though White Stallion “intends to move forward with its construction plans,” new approval from TCEQ should not be considered automatic as one might infer from an article this week in the Houston Chronicle:

“The plant's developers, Houston-based Sky Energy, already have a permit from the state for air pollution and need one from the Army Corps of Engineers to deepen the Colorado for barge traffic.”

Yes, White Stallion received a permit from TCEQ. Yes, it was remanded. And yes, even so, TCEQ rules allow developers to depart from an approved site plan with the “submission of an ‘as built’ report” that does not require public notice.

However, the people’s right to know is the crux of the matter at hand. As State District Judge Lora Livingston wrote in her legal decision, “meaningful public participation in the permit approval process would be effectively eliminated” should the permit not be sent back for review given the site changes.

People have a right to know what’s going on in their backyards, especially those in Matagorda County and nearby Houston, where hazardous coal plant emissions will impact air quality. TCEQ should give the application review due diligence, with a fair and open process. The court has decided, not to mention that fundamentally it’s the right thing to do.

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