Questions obscure pollution agreement over Centralia coal plant

CONFUSION is the deadly enemy of public support for public policy. A pending air-pollution agreement with the owner of Centralia's massive coal-fired power plant was negotiated out of public view.

The results are subject to scrutiny, but not the process. State law allows for private mediation, but it has rarely been invoked over air-quality issues. So the distracting question is: Why now?

Seattle Times reporter Warren Cornwall wrote that Gov. Chris Gregoire agreed in late 2007 to closed-door talks with Canadian-based TransAlta. The company had closed a local coal mine, and the implication was the economic viability of the plant was at risk.

Taking the talks into the realm of official secrecy protects information the company might reveal about its revenues and processes, but the public is left to wonder how environmental regulations are bartered and applied.

The crafting of the agreement outside the usual public process has environmental interests on alert. Joining the chorus of critics was a National Park Service official concerned that air polluters near national parks be held accountable for their hazy discharges.

Negotiations between state air-quality officials and Trans-Alta dealt with the application of federal standards known as Best Available Retrofit Technology. In the absence of a more-open discussion, questions about a tougher threshold, Best Available Control Technology, cloud enthusiasm for the final outcome.

Emphasizing outcomes, state officials point to a second part of the pending deal: a voluntary agreement to reduce mercury emissions by half. It was reached in the absence of any state or federal requirements to do so.

Public hearings are required — so it appears — before the agreement between the state and TransAlta is final. Gov. Gregoire is challenged to be open about the discussions, and the expectations and time limits on the Centralia plant to clean up its act.

Gregoire made her reputation in part by holding polluters accountable and making them deal squarely with the state. In this case, direct the state to deal candidly with the public.