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Colorado Springs Utilities Put on Notice of Clean Air Violations

Date
March 30, 2016
Contact
Jeremy Nichols (303) 437-7663 jnichols@wildearthguardians.org
In This Release
Climate + Energy  
#KeepItInTheGround
Wednesday, March 30, 2016
Colorado Springs Utilities Put on Notice of Clean Air Violations

Coal-fired Power Plant in Downtown Colorado Springs Threatens Public Health
Contact: Jeremy Nichols (303) 437-7663 jnichols@wildearthguardians.org

Colorado Springs, CO—Movingto safeguard public health and clean air, WildEarth Guardians today putColorado Springs Utilities on notice of an impending lawsuit over thousands ofviolations of the Clean Air Act at the Martin Drake coal-fired power plant.

“This massive coal-fired power plant is taking a tremendoustoll on the health of the community,” said Jeremy Nichols, Climate and EnergyProgram Director for WildEarth Guardians. “It’s time to confront the harmful pollution coming out of MartinDrake’s stacks and it’s time for Colorado Springs Utilities to acknowledge theneed to move beyond coal.”

According to Colorado Springs Utilities’ own recordssubmitted to the State of Colorado, the utility has regularly failed to monitorair pollution from the smokestacks of the coal-fired Martin Drake power plant,which is located in downtown Colorado Springs. WildEarth Guardians has posted these records, called “Excess EmissionReports,” in a dropboxfolder available here >>

By law, utilities are required to continuously monitoropacity, or the thickness of air pollution, released by the stacks of theircoal-fired power plants. Opacity is anindicator of particulate matter. Particulate matter includes soot, toxic metals, and droplets of acidicgases, and is blamed for serious and adverse health effects including asthmaattacks, bronchitis, heart attacks, and premature death.

Records from Colorado Springs Utilities show that in thelast five years, their continuous opacity monitors have failed for a total ofover 300 hours and violated the Clean Air Act more than 3,000 times.

Under the Clean Air Act, polluters can be fined up to$37,500 per violation. Colorado SpringsUtilities faces more than $100 million in fines for its violations.

“It’s time for Colorado Springs Utilities to stop turningits back on our clean air laws,” said Nichols. “Monitoring air pollution iscritical to ensuring protection of public health; these lapses in measurementsare a disturbing sign that people are in danger.”

Located in downtown Colorado Springs, the coal-fired MartinDrake power plant is the largest coal burning power plant in the ColoradoSprings region and has been under fire for its impacts to local publichealth. The plant releases massiveamounts of sulfur dioxide gases, which modeling data indicates is jeopardizingthe health of the community. Althoughthe plant burns coal, it is capable of burning natural gas.

Colorado Springs Utilities and the Colorado SpringsUtilities Board, which is comprised of the City Council, has been under firefor continuing to operate the coal-fired power plant and spending millions toretrofit the 40 year-old power plant with modern pollution controls. Although the Board has taken steps to movetoward retiring the aging coal-fired power plant, recent decisions indicate theplant is likely to operate and burn coal for another 20 years.

The plant is also one of the largest sources of carbondioxide in Colorado. Martin Drake includes three coal-fired boilers and threesmokestacks that spew 7,900 pounds of hydrochloric acid, 31 pounds of mercury,and other toxic chemicals every year.

Under the Clean Air Act, citizens, including citizen groups,can take legal action to stop clean air violations, impose fines, and protectpublic health. Before filing suit,citizens must notify the polluters and give them a chance to remedy theviolations within 60 days.

If the violations are not remedied, citizens can file suitin federal court anytime after the 60 days are tolled.

WildEarth Guardians has previously successfullysued Xcel Energy over the company’s failure to continuously monitor opacityat its coal-fired power plant in north Denver.

If Colorado Springs Utilities does not commit toensuring continuous air pollution monitoring at Martin Drake, then Guardiansintends to file suit in federal court to put an end to ongoing violations ofthe Clean Air Act.