Holcomb Station Coal Plant Expansion Clears Legal Hurdle
A long-planned expansion of Sunflower Electric Power Corp.’s Holcomb Station is a little closer to fruition as of March 17 with a favorable ruling from the Kansas Supreme Court.
The state’s high court ruled to uphold a 2010 construction permit, which was amended in 2013, for the plant. The Sierra Club argued that the permit is in conflict with Environmental Protection Agency (EPA) rules that were issued after the initial permit was granted, but before it was amended.
“Much work—by the Court, KDHE technical staff, and Sunflower staff—has gone into making certain that the [Holcomb Expansion Permit] air permit meets all applicable state and federal requirements. Just as it would have been ten years ago when we began this process, the Court’s decision is another incremental step in the process,” a March 17 Sunflower press release says.
Sunflower has been working to expand the Holcomb Station, adding an 895-MW coal-fired unit, since 2005. In May 2009 the company got the go-ahead from the state to pursue the project. A permit was issued on December 16, 2010, allowing for construction to begin within 18 months.
Before construction began, however, the Sierra Club sued, arguing that the Kansas Department of Health and Environment (KDHE) had not imposed the proper limits on greenhouse gas emissions and other pollutants from the plant.
Sunflower applied for a stay of the permit, which the department granted on June 1, 2011, and which is still in effect.
In 2013 the state Supreme Court found that the department had not included the proper limits for pollutants including nitrogen oxides and sulfur dioxide. In response, the department issued an addendum to the construction permit, adding the court-ordered limits, but not issuing a new permit.
The Sierra Club again sued, arguing that the permit is not in compliance with the EPA’s greenhouse gas rules. The department countered that because a new permit was not issued, the permit must only comply with the regulations in place at the time that it was issued.
“Sierra Club asserts recurring arguments suggesting KDHE should have conducted a new permitting process on remand, should have required updated modeling and assessments, and should have applied regulations that became effective after December 16, 2010,” the ruling explains.
At the core of the Sierra Club’s argument is the claim that the KDHE should have issued a new permit. However, the Supreme Court found that the “Sierra Club failed to establish KDHE erred in adding an addendum to Holcomb 2’s 2010 permit.”
The court decision is disappointing, Amanda Goodin, and attorney at Earthjustice, the law firm representing the Sierra Club, said in a March 17 statement. “Sunflower got off the hook for its massive emissions today, but we will continue to fight at every turn to hold them accountable for their pollution. That day will come sooner than they think,” she said.
—Abby L. Harvey is a POWER reporter.