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III IIIlllllllllllll 999 r SIERRA CLUB v. PUBLIC SERVICE COMPANY OF COLORADO HAYDEN STATION CONSENT DECREE FACT' SHEET May 22, 1996 A consent decree is a written agreement between the parties in a civil case that, once signed by the judge, can be enforced az a court order. The consent decree in this citizen suit has been signed by the Sierra Club, and the proposed intervenors the United States of America, on behalf of the Environmental Protection Agency, the State of Colorado, and the owners of the Hayden Station (Public Service Company of Colorado, PacifiCorp, and Salt River Project Agricultural Improvement and Power District). After a thirty day public comment period, and a review of any comments, the consent decree in this case will be presented to Judge Lewis T. Babcock for his approval. The consent decree contains the following requirements: 1. Within 180 days from today, the Owners of the Hayden Station must decide whether to continue to burn coal at the Hayden Station, or convert the facility to natural gas. 2. If the Hayden Owners decide to continue to bum coal, they will install state-of--the-art particulate, sulfur dioxide and nitrogen oxide controls at the Hayden Station. 3. The Hayden Owners will install baghouses at both units of the Hayden Station to significantly reduce particulate emissions and excess opacity readings. The Hayden Owners will install dry scmbbing systems on both units to reduce historical sulfur dioxide emissions by 82 to 90%. The Hayden Owners will also install low-NO, burners and over-fire air equipment on both units to reduce historic nitrogen oxide emissions by 40 to 50%. 4. All of the controls required by the Decree must be designed and installed to meet enforceable emission limits. Compliance with the emission limits will be determined by continuous emission monitors. 5. [f the Hayden Station continues to burn coal, the pollution control equipment must be installed by the end of 1998 for Unit I, and by the end of 1999 for Unit 2. 6. if the Hayden Station is converted to natural gas, the conversion must be completed by theftend of 1998. 7. If the Hayden Owners do not meet the deadlines for installing the control equipment, or do not meet the emission limits in the decree, they must pay significant penalties. 8. The Hayden Owners must pay $2 million for land conservation purposes in the Yampa Valley to improve and protect the air quality of the area. 9. The Hayden Owners must pay $250,000 for the conversion of wood stoves and/or vehicles to natural gaz in the Yampa Valley to improve and protect the air quality of the area. 10. The Hayden Owners must pay to the U.S. Treasury a $2 million civil penalty to resolve litigation regarding air emissions from the Hayden Station.