An Indian tribe and several environmental groups have filed suit in federal appeals court against the U.S. Environmental Protection Agency regarding EPA’s decision earlier this year not to require selective catalytic reduction (SCR) systems at NV Energy’s (NYSE: NVE) Reid Gardner coal plant in Nevada.
The lawsuit is being filed in 9th Circuit U.S. Court of Appeals by Earthjustice on behalf of the Moapa Band of Paiutes, Sierra Club, and National Parks Conservation Association.
It appeals an EPA decision earlier this year that allowed ongoing high rates of nitrogen oxide (NOx) pollution at Reid Gardner rather than requiring upgrades to the best available controls—namely SCRs —that can reduce nitrogen oxide pollution by 90%, Earthjustice said in a news release.
EPA approved in part Nevada’s selection of a NOx emission limit for the coal-fired power plant in August.
EPA has approved Nevada’s selection of a NOx limit of 0.20 lb/MMBtu as Best Available Retrofit Technology (BART) for the Reid Gardner Generating Station (RGGS) at Units 1 and 2. EPA has disapproved two provisions of Nevada’s BART determination for NOx at the station, which are the emissions limit for Unit 3 and the compliance method for all three units.
The Moapa Paiutes and their environmental allies have maintained that retirement and transition to cleaner sources is the wise path for Reid Gardner given its old age and high costs.
However, until that day comes the groups say the plant has to be required to update with the best air pollution equipment available—not the “inferior measures” currently required by EPA—given the heavy impact the plant’s pollution has on the health of Moapa Paiute families and on smog haze at nearby national parks such as Zion and Grand Canyon, Earthjustice said.
Sen. Harry Reid, D-Nev., has called for retirement of the Reid Gardner coal plant, the groups noted. The petition for review was filed with the court Oct. 19.