BPU meets with EPA about alleged clean air violations (updated)
Last week, attorneys from the Kansas City, Kansas, Board of Public Utilities and Environmental Protection Agency met to discuss the notice of violations the EPA sent in November to the BPU. The notice basically said the long-troubled utility company could face millions of dollars in fines for violating federal clean air standards. Chris Whitley, a spokesman for EPA Region 7, told me about the meeting between attorneys lasted three to four hours. He said it was an initial conference, nothing was resolved and both parties planned to meet again.
I had called Whitley because I’d received an anonymous package in the mail. The package contained a two-page report showing that the BPU had exceeded opacity emission standards seven times at the Nearman Creek Power Station on October 14, 2008. The BPU self-reports the violations to the Kansas Department of Health and Environment. This time, the “Excess Emissions Report” says, Nearman let off too much fly ash from coal and carbon from fuel.
A source tells me that these pollutants would be visible to the naked
eye. The source also said that even a little bit of haze in the air would need to be reported.
The report says the cause is unknown. It also says no corrective action was taken. The report asks what could have been done to avoid the excess pollution. The answer given: “N/A” for not applicable. The report also asks what will be done in the future to stop the malfunction and eliminate recurrence of excess emissions. Same answer.
In an earlier conversation, Whitley had told me that he thought the document might be part of the EPA’s larger investigation of the BPU’s alleged violations of clean air laws. But after reviewing the report this morning, Whitley said that the “Excess Emissions Report” wasn’t a part of the notice of violation. However, he said the document might be considered as the notice of violation moves forward. But he wasn’t sure. He said nothing in the two-page report indicates that the EPA imposed a fine for the excess emissions listed.
A BPU spokesman didn’t return a call seeking comment.
