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Friday, October 10, 2014
EPA Agrees to Fix Flawed Clean Air Plan for Xcel Coal-fired Power Plant
WildEarth Guardians Lawsuit Spurs Agency to Reverse Pro-Pollution Rule
Contact: Jeremy Nichols (303) 437-7663
Denver—A plan that would have allowed an Xcel Energy coal-fired power plant in Colorado to spew more air pollution was voluntarily withdrawn by the U.S. Environmental Protection Agency earlier this week after a WildEarth Guardians lawsuit exposed how the agency’s decision was blatantly illegal under the Clean Air Act.
“More air pollution from Xcel’s coal-fired power plants benefits nobody, so we’re pleased the Environmental Protection Agency has seen the error of its ways,” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program Director. “Coal-fired power plants take a tremendous toll on the air we breathe so it’s critical that they be held to the strongest pollution control standards, not be given a green light to increase the amount of poisons they put into our air.”
At issue is a 2012 plan approved by the Environmental Protection Agency to reduce haze and smog forming pollution from Xcel Energy’s Comanche coal-fired power plant in Pueblo. That plan, which was originally approved by the State of Colorado, actually allowed Xcel to increase its air pollution by setting pollution limits higher than what the power plant currently emits.
In early 2013, WildEarth Guardians filed suit to overturn the plan and compel the Environmental Protection Agency to adopt a stronger plan. After Guardians filed an opening brief exposing how the clean air plan was illegal under the Clean Air Act, the agency in September moved the court to remand its plan so that it could reconsider its approval.
Earlier this week, the U.S. Court of Appeals for the 10th Circuit granted the Environmental Protection Agency’s request, effectively sending the clean air plan back to the drawing board for reconsideration. The ruling opens the door for a stronger clean air plan for the Comanche coal-fired power plant and greater pollution reductions in Colorado.
Air pollution from Xcel’s Comanche coal-fired power plant in Pueblo is the least controlled of any coal-fired power plant in Colorado, putting clean air at risk throughout the state.
The Environmental Protection Agency has indicated it intends to fix its flawed clean air plan within 180 days.
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