COLORADO SPRINGS, COLO. -- The Sierra Club, America's largest grassroots environmental organization, announced Monday they plan to sue Colorado Springs Utilities (CSU) for violating the Clear Air Act.
According to club officials, CSU has been making major modifications to the Martin Drake and Ray D. Nixon coal fired plants in Colorado Springs without obtaining necessary permits or installing industry standard pollution controls.
Officials said CSU has violated the Clear Air Act, which requires existing coal plants to have construction permits and install modern pollution controls when modifying facilities, at least 37 times since 1987.
“Alterations to these plants have been made without regard to federal law” Bryce Carter, Organizer for Sierra Club, said in a statement. “This is done at the expense of public health just so CSU can continue to use coal. They recently had the opportunity to launch a decommissioning study which would have paved the way to retire these old, dangerous, and financially risky coal plants and transition to the use of clean energy. Yet they chose to go the opposite direction, going as far as committing $120 million to extend the life of the Martin Drake plant with the installation of the experimental and unproven NeuStream technology without fully exploring all their available options.”
CSU denies the allegations.
"Colorado Springs Utilities has been diligent to evaluate all projects at Drake and Nixon and believe the plants are in compliance with all regulations," Steve Berry with CSU said in a written statement.
Berry said this is a common practice with the Sierra Club.
"The Sierra Club has filed similar notices with many coal-fired power plants across the nation over the past few years," Berry said. "The notice to each utility alleges that the projects at a power plant have increased pollution."
Club officials sent CSU a 60-day "intent to sue" notice informing the utility company that they will pursue legal action if CSU doesn't pay to get the plants in line with compliance laws. They said CSU could also pay a hefty amount of money for being out of compliance for years.
No official lawsuit has been filed yet.
Officials also allege the plants are emitting sulfur dioxide and ozone levels above the federal limit. The Martin Drake plant is 50 years old, and the Ray Nixon plant is 32 years old.
“Colorado Springs Utilities has irresponsibly put public health and the local economy at risk. Their violation of the Clean Air Act, the potential for regional nonattainment status, and their embrace of near certain financial risk to pursue experimental technologies without proper alternative research demonstrates reckless management by CSU,” Carter said. “This legal notice will help bring public accountability to their actions.”
Utilities officials insist they aren't breaking any laws and said they continue to improve air quality.
"Utilities has gone beyond the letter of the law, which requires no pollution increases, and continues to reduce emissions," Berry said. "For example, particulate emissions have been reduced by over 99 percent, and nitrogen oxide emissions have been reduced by over 50 percent with the addition of pollution controls. Additional planned pollution controls will reduce sulfur dioxide emissions over 90 percent."
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