EPA v. PUBLIC SERVICE COMPANY OF COLORADO

Case summary

DEFENDANT, PUBLIC SERVICE CO. OF COLORADO, INC. (COMANCHE), USES A PROCESS TO CLEAN ITS ELECTROSTATIC PRECIPITATORS WHICH EMITS OPACITY FROM ITS STACK AT 270% OF THE NSPS STANDARD. THIS PROCESS IS DONE FOR 2-3 DAYS EVERY 3-4 MONTHS. THE COLORADO AIR POLLUTION CONTROL DIVISION TOOK AN ENFORCEMENT ACTION WHICH RESULTED IN PAYMENT OF A SMALL PENALTY AND A DIRECTIVE BY THE COLORADO AIR QUALITY CONTROL COMMISSION (AQCC) TO TAKE NO FURTHER ENFORCEMENT ACTIONS. THIS DIRECTIVE WAS PREMISED ON AQCC'S JUDGMENT THAT DEFENDANT WAS ACTING RESPONSIBLY TO PLACE BAGHOUSES ON THE UNITS (YEARS IN THE FUTURE). EPA VIEWS AQCC'S DICISION AS A 'PERMIT TO POLLUTE' OR AT LEAST A VARIANCE, WHICH VIOLATES THE SIP.

Defendants (1)

• PUBLIC SERVICE COMPANY OF COLORADO, INC.Named in complaintNamed in settlement

Facilities (1)

• PUBLIC SERVICE CO.

  550 15TH ST., DENVER, CO, 80201

  Registry ID: 110002963044

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• PUBLIC SERVICE COMPANY OF COentered 1992-09-01

  Primary law: CAA

  Federal penalty: $440,000 · State/local: $160,000

Timeline (7 milestones)

• 1989-06-15Enforcement Action Data Entered
• 1991-06-28Referred To Dept Of Justice
• 1992-09-01Final Order Lodged
• 1992-09-01Final Order Entered
• 1992-09-01Complaint Filed With Court
• 1992-09-01Concluded
• 1992-09-01Enforcement Action Closed