Colorado Footdragging Giving Tri-State a Free Pass to Pollute at Coal-fired Power Plant

Guardians Files Suit to Rein in Air Pollution, Increase Transparency at Craig Plant; Latest in Effort to Pressure Tri-State to Power Past Coal

Craig, CO—WildEarth Guardians yesterday filed suit against Colorado air regulators, challenging their delay in ensuring Tri-State Generation and Transmission is protecting public health from air pollution at the company’s Craig coal-fired power plant.

“Colorado’s delay has given Tri-State a sweetheart deal, the ability to freely pollute the air with its coal-fired power plant and with no public oversight,” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program Director.  “This isn’t just illegal under the Clean Air Act, this unchecked coal pollution is a threat to our health and our clean energy future.” 

Located in northwestern Colorado south of the town of Craig, Tri-State’s Craig Generating Station is a massive 1,339-megawatt coal-fired power plant.  The plant consists of three coal-fired boilers (called Units 1, 2, and 3) and three smokestacks, which every year chug out 13,500 tons of nitrogen oxides, 4,000 tons of sulfur dioxide, and nearly 10 million tons of carbon.

The coal-fired power plant is the state’s largest source of nitrogen oxide emissions, which form smog, haze, and fine particle pollution, as well as the state’s largest source of carbon emissions.

Yesterday’s lawsuit follows an appeal filed in federal court by WildEarth Guardians in late February, challenging Tri-State’s failure to install up-to-date pollution controls to limit haze.

At issue is the state’s failure to ensure that Tri-State is operating the Craig coal-fired power plant under a Clean Air Act “operating permit.” 

The largest and dirtiest sources of air pollution are required to obtain “operating permits” before they can legally operate.  These permits incorporate all applicable pollution limits and impose strict monitoring, recordkeeping, and public reporting requirements, which ensure the citizens and regulators like are informed and aware of a polluter’s compliance status.  If a polluter is not operating in compliance, operating permits provide information that allowing citizens, states, and even the U.S. Environmental Protection Agency to enforce violations under the Clean Air Act.

“An operating permit is like a user’s manual for a source of air pollution, it provides a detailed guide ensuring the public and the polluter alike understand what clean air requirements apply and how to operate in compliance with those requirements,” said Nichols.  “No permit, no guide, and no accountability.  That’s the problem we’re aiming to solve by filing our lawsuit.”

Operating permits must be renewed every five years so any new pollution limits can be incorporated and so the public has a continuing opportunity to scrutinize a source’s air pollution.  Whenever an operating permit is renewed or issued, a public comment period is provided and a public hearing is held. 

If a permit is issued by a state and fails to assure that a polluter operates in compliance with the Clean Air Act, citizens can petition the U.S. Environmental Protection Agency to object and compel the state to fix the permit.  If the permit is not fixed, or cannot assure that a polluter will operate in compliance, it must be denied. 

Tri-State obtained an operating permit in 2005—eight years ago—but the permit only included two of the plant’s three smokestacks (only Units 1 and 2).  In 2009, Tri-State applied to the Colorado Air Pollution Control Division to renew its operating permit for Units 1 and 2.  In 2010, Tri-State applied to incorporate Unit 3.  To date, Unit 3 has yet to be incorporated into an operating permit.

Under Colorado and federal law, the Air Pollution Control Division must issue or deny operating permits within 18 months of receiving applications.  To date, the Division has yet to issue or deny a new operating permit for the Craig Generating Station.  In the meantime, Tri-State has been allowed to freely operate because of its submitted permit applications.

Colorado’s failure to ensure that Tri-State is operating the Craig plant under a legal operating permit means that there are no assurances that the coal-fired power plant is operating in accordance with the Clean Air Act.

WildEarth Guardians is especially concerned that available information indicates Unit 3 is operating out of compliance with coal burning limits and that Units 1 and 2 are operating out of compliance with limits on haze pollution and air toxics.

“Tri-State has been given a blank check to pollute at the Craig coal-fired power plant while Colorado drags its feet in taking action on the plant’s operating permit,” said Nichols.  “Ultimately, it’s the public that loses out because of this delay.”

Yesterday’s suit, filed in Moffat County in the 14th District Court of Colorado, challenges the Air Pollution Control Division’s failure to take action on the operating permit for the Craig Generating Station.  The suit seeks to compel the state to issue or deny a new operating permit for the plant without delay.


 

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