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More than 2,000 clean air violations uncovered at beleaguered plant
Contact: Jeremy Nichols (303) 573-4898 x 1303

Denver—Stepping upefforts for clean air, WildEarth Guardians today filed suit against the LamarUtilities Board and the Arkansas River Power Authority over more than 2,000violations of the Clean Air Act at the Lamar, Colorado coal-fired power plant.

“The Lamar power plant continues to turn its back on thevery laws meant to keep communities safe from air pollution,” said JeremyNichols, Climate and Energy Program Director for WildEarth Guardians. “It’s time to rein in the irresponsibleoperation of this dangerous coal-fired power plant.”

The 43 megawatt Lamar power plant was permitted to convertfrom natural gas to coal in 2007 and since has been plagued with problems. In late 2009, WildEarth Guardians filedsuit in federal court in Denver against the Lamar Utilities Board and ArkansasRiver Power Authority for constructing the coal plant without a determinationthat it will use the Maximum Achievable Control Technology to reduce emissionsof mercury and other hazardous air pollutants. That lawsuit is ongoing.

In the meantime, WildEarth Guardians has uncovered that theLamar plant has tallied up more than 2,212 clean air violations since the plantofficially began operation in May of 2009. According to the utilities’ own monitoring data submitted tothe State of Colorado, violations of multiple emission limits have beenrecorded at the plant’s smokestack. According to the data, the plant has violated its emission limits on analmost regular basis, exceeding limits on sulfur dioxide, nitrogen oxide, carbonmonoxide, and particulate matter, all of which are linked to number of adversehealth effects.

Not only that, but the utilities have failed to continuouslymonitor emissions of nitrogen oxides, sulfur dioxide, carbon monoxide, andparticulate matter, as required by their permit. In total, the plant failed to monitor its air pollution formore than 2,000 hours between May 2009 and December 2010.

According to the U.S. Environmental Protection Agency(“EPA”), nitrogen oxide gases can adversely affect respiratory health, aggravate heart disease, and lead to a host of other adverserespiratory health effects, and contribute to the formation of ground-levelozone, the key ingredient of smog. Sulfur dioxide is also a respiratoryirritant with studies showing short-term exposure can lead to increased visitsto emergency rooms for respiratory illness. Particulate matter is linked toincreased respiratory symptoms and difficulty breathing, decreased lungfunction, aggravated asthma, chronic bronchitis, irregular heartbeat, nonfatalheart attacks, and even premature death in people with heart or lungdisease.

Citizens can file suit in federal court under the Clean AirAct against polluters that are violating their permit. Today’s lawsuit was filed in the U.S.District Court for the District of Colorado in Denver. Under the Clean Air Act, Lamar Lightand Power and the Arkansas River Power Authority could be penalized as much as$37,500 per day for each violation, meaning the utilities face more than$78,500,000 in penalties.

WildEarth Guardians is a nonprofit organization dedicated toprotecting and restoring the wildlife, wild places, and wild rivers of theAmerican West. With over 3,500members in the West and offices in Colorado, New Mexico, and Arizona, WildEarthGuardians works to promote clean energy and hold fossil fuels accountable toprotecting public health and the environment.