WildEarth Guardians

Wednesday, August 24, 2011
Pueblo Steel Mill Threatens Clean Air, Public Health

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 court against the U.S. Environmental Protection Agency (EPA) to overturn the air pollution permit allowing Rocky Mountain Steel to jeopardize clean air in and around Pueblo, Colorado.

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

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

At issue is the failure of the Colorado Department of Public Health and Environment to ensure that air pollution from the steel mill is limited to protect public health.  In late 2010, the Department issued a permit allowing the steel mill to continue to operate.  In doing so, it was found that air pollution from the mill contributed to violations of federal ambient air quality standards.  Despite this, the Department issued the permit, even though the Clean Air Act prohibits allowing a source to pollute if it contributes to violations of air quality standards.

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

The petition not only challenged the failure of the Department of Public Health and Environment to protect ambient air quality standards, but also the failure to ensure mercury emissions from the steel mill are kept in check.  According to Toxic Release Inventory data for 2010, the steel mill releases 162 pounds of mercury into the air annually.  This is even more mercury than is released by Xcel Energy’s nearby Comanche coal-fired power plant, which is the largest coal-fired power plant in Colorado.  The steel mill is in fact the second largest source of mercury emissions in Colorado (right behind Xcel Energy’s Pawnee coal-fired power plant).

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

The petition also challenged the failure of Colorado to ensure sufficient monitoring of air pollution and to ensure protection of minority and low-income communities in Pueblo.

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