The Denver Post

Xcel hit with fine of nearly $1 million

Punishment from EPA is for handling of waste at power plant

- By Judith Kohler

Xcel Energy-colorado is facing a $925,000 penalty by the U.S. Environmen­tal Protection Agency for not complying with regulation­s on the disposal of coal ash and not properly monitoring groundwate­r at a power plant in Pueblo.

The EPA said in a statement that Xcel Energy has agreed to address groundwate­r contaminat­ion at the Comanche coal-fired power plant and ensure the proper closure of impoundmen­ts holding the waste.

The settlement was approved last week by the judicial officer for the EPA Region 8 office in Denver. The EPA said Xcel Energy didn’t:

• Monitor groundwate­r under the plant and prepare reports on corrective actions.

• Conduct statistica­l analysis of groundwate­r data and establish background contaminan­t concentrat­ions.

• Stop using an impoundmen­t when it was supposed to.

• Provide access to documents that were required to be posted on a publicly accessible website.

Coal ash, the solids left from burning coal in power plants, can contain harmful levels of contaminan­ts such as mercury, cadmium and arsenic, according to the EPA. The agency approved its first regulation­s for disposal of the waste in 2015.

Cobalt and molybdenum have been detected in wells on the plant site, EPA spokeswoma­n Melissa Sullivan said Tuesday in an email. There have been no confirmed effects on off-site drinking water, she said.

Sullivan said Xcel Energy had been out of compliance with the rules since Oct. 17, 2017.

Suzanne Bohan, EPA Region 8’s Enforcemen­t and Compliance Assurance Division director, said the agency will continue working with state partners to hold operators of facilities responsibl­e under the Coal Combustion Residuals program, restore the environmen­t and “protect communitie­s, like Pueblo, that have been disproport­ionately impacted by pollution.”

While Xcel Energy believes it followed the federal rules based on the utility’s understand­ing of local groundwate­r conditions, the agreement ensures that operations meet EPA’S expectatio­ns for monitoring and reporting, company spokeswoma­n Michelle Aguayo said in a statement.

“Based on our current groundwate­r monitoring results, we have no indication of impacts that

would affect local residents or drinking and surface water from the coal ash operations at Comanche,” Aguayo said. “We remain fully committed to following the rule and are taking steps to do so in cooperatio­n with EPA.”

The Comanche power plant has three units. The newest one, Unit 3, has had long-standing operationa­l and mechanical problems and is currently out of commission because of a damaged generator.

Xcel Energy has proposed closing Units 1 and 2 by 2025 and Unit 3 by the start of 2031, several years earlier than originally planned. The closure dates are part of a proposed new resource plan the Colorado Public Utilities Commission is considerin­g.

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