Colorado Compliance
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SEPTEMBER 30, 2001
UP FRONT
2 CDPHE Spotlights P2 Champions
3 New TRI Workshop Slated
4 WQCD’s Haunting Performance
5 Update On MZWA Airshed Cleanup
6 Judge Orders Bond In Cotter Appeal
7 Assurance Sought For Rocky Flats
ROCKY MOUNTAIN BRIEFS
An administrative law judge with the U.S. Department of Labor (DOL) on September 18 issued a stinging rebuke to the Metro Wastewater Reclamation District (MWRD) for its treatment of an opponent of MWRD’s plan to treat contaminated ground water from the site in its publicly owned treatment works (POTW) in north Denver. DOL administrative law judge David Di Nardi said the district and its board members waged a campaign of defamation against the opponent. He called it "illegal and retaliatory" action and ordered MWRD to pay its opponent $425,000 and apologize in a full-page newspaper ad for retaliating against Adrienne Anderson, a former MWRD board member (Case No. 1997-SDW-7). Anderson filed a whistle-blower suit in 1997, alleging the board made unfounded accusations against her, held secret meetings and threatened to censure her at a public meeting. Anderson was appointed to the MWRD by Denver Mayor Wellington to placate environmental activist and labor groups concerned about the cleanup of the Lowry Landfill Superfund site in Arapahoe County. Her appointment occurred after MWRD’s board signed off on an explanation of significant difference (ESD) to the 1994 record of decision (ROD) governing remedial activities at the site (see CC 10/97, p. 17). The ESD involved a novel new plan that called for MWRD to accept for final disposal partially treated wastewater from the superfund site. MWRD, one of the major potentially responsible parties (PRPs) for the Lowry landfill site, and its employees chafed at Anderson’s persistent criticism. Judge Di Nardi said that MWRD’s conduct towards Anderson "shocks the conscience" and castigated the district for circulating "derogatory" electronic messages about Anderson and preventing her from accessing public records by inflating costs associated therewith. Judge Di Nardi also ruled that a MWRD employee uttered "false statements under oath" when denying that MWRD has hired a public relations firm to counter Anderson’s growing criticisms of the MWRD and the ESD for the Lowry landfill site. Anderson called the ruling gratifying. MWRD officials have vowed to appeal. After all, MWRD’s legal fees to date — over $200,000 — pale in comparison to the $425,000-plus damages award meted out by Judge Di Nardi. "The arrogant and cavalier treatment of Ms. Anderson’s (Colorado Open Records Act) requests, as well as the egregious dissemination of derogatory information concerning Ms. Anderson, by Metro entitles her not only to compensatory, but also to punitive damages," Di Nardi summarized in his recommended decision and order. He then tacked on an award to compensate Anderson for her "mental anguish, emotional distress and severe depression." Subscribers wanting a copy of the 80-page decision should click here (*.pdf format).Another Lowry imbroglio.
... P2 grants ... Review underway ... Expansion planned ...
Closure for A-Basin battle? ... Water bank
hearings ...Creek appointees ... New members ... All begin on page 9
REGULATORY ROUNDUP
13 Air Quality Regulations
13 EPA Finalizes Denver Ozone Redesignation
The Environmental Protection Agency on September 11, in a wildly unfortunate choice of timing, formally approved its May 11 notice of proposed rulemaking to redesignate the Denver/Boulder metropolitan area from "transitional" to "attainment" for the ozone national ambient air quality standard (NAAQS). At the same time EPA proposed to approve the related ozone maintenance plan adopted by Colorado’s Air Quality Control Commission (AQCC) earlier this year (see CC 1/01, p. 12) and associated state implementation plan (SIP) elements. EPA’s approval carries an October 11 effective date. The action signals the first time that the Denver/Boulder metropolitan area will be considered as having attained the ozone NAAQS since the Clean Air Act came into being back in the 1970s.
EPA’s approval also extends to previous revisions the AQCC made to its Regulation No. 3, governing air pollutant emissions notices, and Regulation No. 7, concerning the control of volatile organic compounds (VOCs). These revisions were previously submitted to EPA for its review and approval by former Governor Roy Romer way back in August 1996. As part of its formal approval and redesignation of the area, EPA also approved VOC and nitrogen oxides (NOx) conformity budgets.
VOC emissions from point sources under the EPA-approved budgets are allowed to increase from 46 tons per day (tpd) in 1993 to 56 tpd come 2013. Area point source emissions of VOCs were also allowed a six tpd increase between 1993 and 2013. NOx emissions from point sources are allowed to rise from 122 tpd in 1993 to 126 tpd by 2013. NOx emissions from area sources are also allowed to rise from seven tpd in 1993 to 11 tpd by 2013. Meanwhile NOx emissions from non-road mobile sources and on-road mobile sources must drop 15 tpd and 14 tpd, respectively, during the same ten-year period.
13 Transportation SIP Revisions
14 AQCC Accepts Several For Action
15 Federal Land Emission Inventories
15 Air Quality Standard Revisions
ENFORCEMENT REPORT
15 Federal Enforcement
15 OSHA Issues Chemical Safety Fine
17 EPA Pursues Colorado Recycler
17 Citizen Suit Tossed As Penalty Sticks
18 State Enforcement
18 Unpaid Fees Bring Enforcement
19 Compliance Order For Fruita Firm
20 Several Compliance Advisories Issued
21 Multi-Count Advisory Dispatched
SUPERFUND/HAZARDOUS WASTE
22 Summitville ROD Now A Done Deal
COMPLIANCE LIBRARY
24 Air, Audits And Permitting Titles
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Colorado Compliance is the state's sole source of independent business-related environmental regulatory and compliance data. Subject matter (no advertisements accepted) is limited to administrative, legal and public policy developments impacting commercial activities conducted in Colorado. Published monthly by Compliance Publishers, Denver, Colorado. A limited number of annual subscriptions are available for $375.00 per year.
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Suite 1150
910 Sixteenth Street
Denver, Colorado 80202
Phone (303) 333-4750 -or- (800) 662-2269
Facsimile (303) 623-0680 -or- (800) 209-5361