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Lawsuit Filed to Compel EPA to Overturn Pollution Permit
Contact: Jeremy Nichols (303) 573-4898 x 1303

Denver—WildEarth Guardians today filed suit in federal courtagainst the U.S. Environmental Protection Agency (EPA) to overturn the airpollution permit allowing Rocky Mountain Steel to jeopardize clean air in andaround Pueblo, Colorado.

“Colorado’s giving a free pass to polluters, putting publichealth and our environment at great risk” said Jeremy Nichols, WildEarthGuardians’ Climate and Energy Program Director. “We need the EPA to intervene and put an end to uncheckedair pollution and illegal permits.”

The lawsuit targets the failure of the EPA to respond to apetition filed by WildEarth Guardians on March 24, 2011. Thepetition called on the Administrator of the EPA in Washington, D.C. to overturnan air pollution permit issued by the State of Colorado allowing Rocky MountainSteel to operate its mill in Pueblo. The EPA was required to respond to the petition within 60 days.

At issue is thefailure of the Colorado Department of Public Health and Environment to ensurethat air pollution from the steel mill is limited to protect publichealth. In late 2010, theDepartment issued a permit allowing the steel mill to continue to operate. In doing so, it was found that airpollution from the mill contributed to violations of federal ambient airquality standards. Despite this,the Department issued the permit, even though the Clean Air Act prohibitsallowing a source to pollute if it contributes to violations of air qualitystandards.

WildEarth Guardians’petition called on the EPA to veto the state-issued operating permit. Under the Clean Air Act, permits tooperate are issued by states, but citizens can petition the EPA to overturnthem if they fail to comply with the Clean Air Act. By law, the EPA is required to respond to such petitionswithin 60 days. It has now beenfive months since EPA received Guardians’ petition.

The petition notonly challenged the failure of the Department of Public Health and Environmentto protect ambient air quality standards, but also the failure to ensuremercury emissions from the steel mill are kept in check. According to Toxic Release Inventorydata for 2010, the steel mill releases 162 pounds of mercury into the airannually. This is even more mercury than is released by Xcel Energy’s nearby Comanchecoal-fired power plant, which is the largest coal-fired power plant inColorado. The steel mill is infact the second largest source of mercury emissions in Colorado (right behindXcel Energy’s Pawnee coal-fired power plant).

“A weak permit likethis emboldens polluters everywhere to foul our air with poisons. It would be irresponsible to allow itto stand,” said Nichols. “It’shigh time that Colorado and EPA start putting public health and fix the flawsin the steel mill’s pollution permit.”

The petition alsochallenged the failure of Colorado to ensure sufficient monitoring of airpollution and to ensure protection of minority and low-income communities inPueblo.

The lawsuit was filed in the U.S. District Court for theDistrict of Colorado.