EPA wins dispute with state of Alaska over Red Dog emission permits

Patricia Jones

Petroleum News contributing writer

The U.S. Supreme Court ruled Jan. 21 in a 5-4 decision against the Alaska Department of Environmental Conservation in a dispute with the Environmental Protection Agency over emission permits sought by the Red Dog zinc and lead mine in northwest Alaska.

The dispute started four years ago when mine operator Teck Cominco Alaska applied to the state for a new diesel power generator permit.

After prolonged negotiations regarding the appropriate technology required by the Clean Air Act, EPA and the department reached impasse. Although EPA ordered the state not to issue the permit, it did, contending that EPA had exceeded its authority.

During the initial legal arguments, estimated costs to retrofit emissions equipment for the diesel engines under the state’s plan were $370,738 for each generator, assistant attorney general Cameron Leonard told Petroleum News Jan. 28.

EPA’s requirements for emissions control equipment was estimated at $2.9 million for each engine, he said. While the agencies argued the case, Red Dog operators opted to install equipment that complied with EPA, which reduces pollution by 90 percent, rather than the 30 percent under the plan state regulators proposed.