Rocky Mountain Clean Air Action Seeks Stronger Permit for Landfill

Rocky Mountain Clean Air Action has filed suit against the U.S. Environmental Protection Agency over its failure to overturn a state-issued air pollution permit for the Denver Regional Landfill, a significant source of smog forming compounds north of Denver.

According to the state of Colorado, the landfill, which is located in southern Weld County near the town of Erie, releases over 42,000 pounds of smog forming compounds a year. The landfill also releases over 20,000 pounds of hazardous air pollutants a year. Unfortunately, flaws in the permit would allow much more pollution to be released.

While the landfill uses a flare to control landfill gases, the permit fails to impose operation and maintenance requirements to ensure it works at all times. Given that proper operation and maintenance of the flare is needed to control landfill gases, the permit falls short of actually controlling pollution and protecting human health.

The permit was issued to the landfill under Title V of the Clean Air Act, which governs the issuance of “operating permits.” Operating permits are required to set forth measures that ensure pollution limits are met and human health is protected. They also impose strict monitoring requirements.

Permits under Title V are issued by states, but citizens can petition the EPA to veto them. In March of 2006, Rocky Mountain Clean Air Action petitioned the EPA to overturn the pollution permit for the Denver Regional Landfill. By law, the EPA was required to respond to the petition within 60 days, yet more than five months later, the EPA has yet to respond. The lawsuit will make the EPA respond to the petition and secure a strong permit.