By	Email	Only

September	18,	2015

Monica	Morales,	Unit	Chief

Air	Quality	Planning	Unit

1595	Wynkoop	St.	(8P-AR)

Denver,	CO	80202

Re: Federal	District	Court	March	2,	2015	Consent	Decree	Requiring	Sulfur	Dioxide	

Non/Attainment	Designation	Surrounding	Downtown	Colorado	Springs	Martin	Drake	

Power	Plant

Dear	Ms.	Morales,

I	am	writing	to	you	regarding	the	recent	recommendation	by	the	Colorado	Department	of	Health	

and	Environment’s	(CDPHE)	that	the	Colorado	Springs	area	be	designated	as	“unclassifiable”	with	

regard	to	the	NAAQS	1	hour	standard	for	sulfur	dioxide	emissions.		

I	will	keep	this	brief,	as	many	citizens	(including	myself)	have	already	submitted	comments	to	the	

State	of	Colorado	in	support	of	the	professional	modeling	that	has	been	conducted	showing	that	our	

area	around	the	Martin	Drake	Downtown	Colorado	Springs	Coal	Plant	has	many	occurrences	of

violations	of	the	1	hour	SO2	standard.		I	trust	that	CDPHE	will	make	those	public	comments	

available	to	you for	consideration	for	the	EPA	final	determination.

1		

Many	citizens	were	very	disappointed	to	find	that	the	State	made	this	recommendation	and	

summarily	dismissed	the	multiple	professional	modeling	studies	conducted	in	accordance	with	EPA	

guidelines.		In	presentation	by	CDPHE	to	the	Air	Quality	Control	Commission	(AQCC)	and	to	the	US	

EPA,	this	dismissal	is	made nearly	exclusively	citing	a	“2011	Assessment” their	department	made --

that	the	National	Weather	Service	(NWS)	Colorado	Springs	Airport	meteorological	tower	was	not	

representative	of	the	weather	conditions	at	the	Drake	plant,	located	only	8	miles	away	with	nearly	

flat	terrain	between	both	facilities.

2		

Subsequent	to	the	Public Hearing	on	this	matter	held	in	Denver	on	August	20,	2015	where	this	

“unclassifiable”	recommendation	was	presented	and	then	accepted	by	the	AQCC,	I	submitted	a	

Colorado	Open	Records	Act	(CORA)	request,	requesting	the	CDPHE	documents	that	described	the	

“2011	Assessment”	relied	upon by	CDPHE	for	its	recommendation.

3		I	was	again	sorely	

disappointed	to	find	that	no	measurements	or	data	were	actually	used	in	2011 by	CDPHE for	such	

“assessment”,	but	what	only	appears	to	be	an	informal	email	discussion	by	a	former	CDPHE	

employee was	produced.		I	am happy	to	share	the	results	of	this	CORA	response if	requested.		

																																																							 1 https://www.colorado.gov/pacific/sites/default/files/082015-SO2-comments_1.pdf 

http://petitions.moveon.org/sign/epa-colorado-springs?mailing_id=30546&source=s.icn.em.cr&r_by=14023120 2 Letter	sent	to	Colorado	Governor	Hickenlooper	on	September	9,	2015	by	16	citizens	after	the	CDPHE	

Recommendation	was	made	is	also	attached	to	this email	for	your	reference. 3 See	page	10,	https://www.colorado.gov/pacific/sites/default/files/082015-SO2-presentation.pdf
As	the	EPA	is	undoubtedly	reliant	on	actual	data	for	its	determinations,	I	urge	you	to	please	

consider	the	proper,	and	scientific	based	professional	modeling	results	conducted	by	both	Wingra	

Engineering,	and	Air	Quality	Expertise,	LLC,	to	make	a	finding	of	“Non-Attainment”	for	the	Colorado	

Springs	region	and	the	Martin	Drake	Power	Plant.		We	citizens	rely	on	our State	and	Federal	

agencies,	such	as	CDPHE	and	the US EPA,	for	proper health-based	determinations and	action,	and	

expect	that	those	are	based	on	science,	facts	and	data,	not	estimates	that	happen	to	grant	favor	the	

industrial sources	to	allow them	more	time	to	comply	while	they	continue	to	pollute	at	levels	that	

are	in	violation	of	the	law.		Our	health and	safety	depends	on	a	proper	classification of	the	law by	

the	EPA	now,	not	in	several	more	years	as	the	State	is	requesting	by	its	“unclassifiable”	

recommendation,	in	the	meanwhile	we	citizens	must	continue	to	suffer	pollution	violations	of	air	

quality.		

Continued	investigation	of	this	matter	will	occur,	and	upon	any	further	significant	findings	such	as	

the	lack	of	legitimate	data	to	support	the	State’s	recommendation already	uncovered,	we	will	

update	you	accordingly.

Thank	you	for	your	attention	to	this	important	matter	of	public	health	and	safety.	

Sincerely,

/Leslie	Weise/

Monument,	Colorado

Cell:		303.523.0016

CC:

Governor	John	Hickenlooper

Alan	Salazar,	Governor’s	Office

Colorado	Springs	Mayor	John	Suthers

Mike	Silverstein,	CDPHE

William	Allison,	CDPHE

Dr.	Larry	Wolk,	CDPHE

Scott	Mathias,	EPA

Adam	Clark,	EPA

Shaun	McGrath,	EPA

Alexis	North,	EPA

Timothy	Rehder,	EPA

Members,	Colorado	Air	Quality	Control	Commission

Maureen	Barrett,	Air	Quality	Expertise,	LLC

Travis	Ritchie,	Sierra	Club

Colorado	Springs	Concerned	Citizens	for	Clean	Air

Billie	Stanton	Anlieu,	Colorado	Springs	Gazette