PORT ANGELES — An appeal of Nippon Paper’s biomass energy project has been dismissed.
The state Shoreline Hearings Board dismissed the appeal of a city shoreline development permit Wednesday in a letter to the city of Port Angeles, Nippon and the biomass opponents’ attorney.
The letter informed the parties that its summary judgement, yet to be released, will say that Nippon was not required to receive a conditional-use permit for the $71 million project.
It did not explain why.
“It’s nice to see this over with,” said Harold Norlund, manager of the paper mill in Port Angeles.
Nippon Paper Industries USA plans a $71 million upgrade of its biomass boiler that would double the amount of wood waste burned to produce steam to make telephone-book paper and newsprint.
The boiler also would generate up to 20 megawatts of electrical power. The company could then sell credits for the electrical power.
Six environmental groups oppose the project, saying it’s not environmentally sustainable, that it will increase pollution and that removing the slash harms forests.
Toby Thaler, the attorney for the groups that filed the appeal, said he was disappointed by the board’s decision but that no decisions have been made on whether it will be challenged.
“It’s hard to draw any conclusions,” he said, adding much remains unknown about the decision.
“It could be a split decision.”
Representatives of the groups reached by phone said they had no comment because they hadn’t spoken with Thaler about the decision.
Thaler said the groups could take the appeal to Clallam County Superior Court.
Even if that does happen, Nippon still will be able to begin construction of the energy facility, assuming that the Olympic Region Clean Air Agency approves its air emissions permit, Norlund said.
A public hearing on that permit will be held at 6 p.m. May 17 at the Port Angeles Library, 2210 S. Peabody St.
“We knew we had to wait for the air emissions permit anyway” to begin construction, Norlund said.
Nippon plans to have the boiler finished in late 2012.
The groups behind the appeal are No Biomass Burn of Seattle, Port Townsend AirWatchers, World Temperate Rainforest Network, Olympic Environmental Council, Olympic Forest Coalition and the state chapter of the Sierra Club.
The same groups, joined by the Center for Environmental Law and Policy of Spokane, initially appealed the permit, approved by the city Planning Commission in September, to the City Council.
The council upheld the permit in December.
The groups, minus the Sierra Club, have appealed the Port Townsend Paper Corp.’s proposed 24 megawatt biomass energy project to the state Pollution Control Board.
The Port Townsend Paper Corp. plans to upgrade its biomass boiler in Port Townsend in a $55 million project.
That appeal will be heard June 2-3.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
