Simpson incinerator would violate federal and state laws!

From: duff@nobiomassburn.org
To: jasond@ci.shelton.wa.us
Subject: More Public Comments re: proposed Solomon incinerator
Date: Mon, 4 Oct 2010 18:03:16 -0700

October 4, 2010

Jason Dose, Senior Planner,
City of Shelton,
525 West Cota Street,
Shelton, WA 98584.
Phone: (360) 432-5102; FAX: (360) 426-7746.

Sent via email: jasond@ci.shelton.wa.us

RE: PUBLIC COMMENTS REGARDING SOLOMON RENEWABLE ENERGY COMPANY PROPOSED BIOMASS INCINERATOR: City of Shelton (COS) must return a State Environmental Policy Act (SEPA) Determination of Significance (DS) for Simpson Lumber Company, LLC/Solomon Renewable Energy Company (Simpson) to assess pollution from two Simpson biomass incinerators in Shelton.

Dear Jason:

Now that Simpson has revealed it will keep operating its existing, highly-polluting biomass incinerator at its Shelton, Washington waterfront site even if its new proposed 31MW biomass incinerator is approved, built and begins operation, COS must find for a SEPA DS requiring an Environmental Impact Statement (EIS) for the proposed incinerator that would operate under the name Solomon Renewable Energy Company, hereinafter called Simpson . Combined air pollution from the two incinerators would further degrade the already poor air quality in Shelton—threatening lives and health of Shelton residents.

Despite a pending review of existing and proposed Simpson incinerator emissions in Shelton by the Olympic Region Clean Air Agency (ORCAA), the COS is required by SEPA to consider all environmental impacts from the new and existing incinerators.

According to Washington Department of Ecology statistics for particulate matter2.5 (PM2.5), from October, 2009-March, 2010, the air quality in Shelton was unhealthy to hazardous 54.3% of the time. When air quality is “hazardous”, Ecology recommends “everyone stay indoors” and “…(everyone) consider leaving the area”, while the federal Environmental Protection Agency (EPA) recommends “everyone avoid all physical activity”. (See attachment: 2009-2010 Shelton air quality.) Both Simpson incinerators—existing and proposed—do, or would, emit significant amounts of PM2.5.

Therefore, it would be a violation of SEPA for the COS to fail to find for a DS for Simpson.

Further, 310,000 tons per year of CO2 will be emitted by the proposed Simpson incinerator alone. The COS now must assess the environmental impact of this CO2 as an “air pollutant” under the EPA Tailoring Rule, 75 Fed. Reg. at 31,521-23 and under WAC 173-401-600(1), WAC 173-401-605(1), and WAC 173-401-200(4). These federal and state statutes describe how:

1. Via the Tailoring Rule, EPA has determined that the six greenhouse gases (including CO2) comprising the “air pollutant” for climate change purposes will become “subject to regulation,” and thus will trigger Prevention of Significant Deterioration (PSD) and Title V permitting requirements under the Clean Air Act (CAA), as of January 2, 2011.
2. WA “operating permits”—and therefore, SEPA, in anticipation of, and informing, air operating permits to be issued—“must contain all existing applicable requirements at time of permit issuance” and;
3. “ ‘Applicable requirements’ also include requirements promulgated or approved by EPA, Ecology or a local air authority through rulemaking at time of permit issuance, which have a future effective compliance date.”

Therefore, the COS would further violate SEPA by failing to assess the environmental impacts of CO2 emissions from the proposed Simpson biomass incinerator in Shelton.

Still further, the proposed Simpson incinerator plans to burn woody biomass from regional forests as fuel. Section D., Item #3, pg. 15/17 from the “Supplemental Sheet for Nonproject Actions” in the SEPA checklist submitted on August 6, 2010 by Simpson/Solomon fails to meet SEPA standards regarding forest impacts of removing forest slash for incineration.

No discussion of the amounts of slash to be removed is included in the 8/6/10 SEPA checklist.

No discussion of the impacts of this slash removal on forest wildlife, soil nutrients and/or storm water runoff from the forests is included in the 8/6/10 SEPA checklist.

No discussion is included in the 8/6/10 SEPA checklist of the forest environment from which the slash designated for incineration is to be removed.

No discussion is included in the 8/6/10 SEPA checklist of possible mitigation measures that could be required to address the removal of forest slash for incineration.

These omissions regarding forest impacts violate SEPA and, likely, federal and other state laws.

Science and law demand you and the COS re-work your SEPA analysis of the Simpson application—and come back with a DS.

Regards,

Duff Badgley
No Biomass Burn
1900 W. Nickerson St., # 116
Seattle, WA
206-283-0621, duff@nobiomassburn.org