DENVER— The Center for Biological Diversity notified the Environmental Protection Agency today of its intent to file a lawsuit over the agency’s delay in taking over flawed air-pollution permits for oil and gas facilities north of Denver.

In January the EPA objected to permits issued by the Colorado Department of Public Health and Environment authorizing Bonanza Creek Energy to operate four oil and gas wells at sites in Weld County.

After finding that the permits failed to monitor air pollution from flaring, the EPA ordered Colorado to revise the permits to comply with the Clean Air Act. But the state has failed to do so.

“Colorado is effectively giving the oil and gas industry a free pass to pollute under illegal permits,” said Jeremy Nichols, a senior advocate at the Center. “We need the EPA to intervene to ensure public health and the environment comes first and put an end to Colorado’s dangerous foot-dragging.”

Under the Clean Air Act, when a state fails to fix a flawed permit within 90 days, the EPA is required to step in and either terminate the permit or issue a federal permit that complies with the law.

In this case Colorado was required to fix the permits by April 29. But the state’s Department of Public Health and Environment has not yet taken any action on the permits. Today’s action notifies the EPA that if it does not step in and take over the flawed permits the Center will sue to compel action.

The Bonanza Creek wells are defined under the Clean Air Act as “major sources” of nitrogen oxides and volatile organic compounds, which form ground-level ozone, the key ingredient of smog. The wells contribute to dangerous air quality in the Denver Metro-North Front Range area, a nine-county region home to more than 4 million people that has violated ozone health standards for nearly two decades.

Smog pollution linked to oil and gas extraction is linked to human health problems like asthma attacks, cardiovascular issues and premature death. Those most at risk include older adults, children, and people who work outdoors. The harm smog does to plants can damage entire ecosystems and reduce biodiversity.

Today’s notice comes as Colorado’s oversight of the oil and gas industry’s air pollution, particularly the widespread use of flaring, is falling under increasing scrutiny. In April the EPA rejected another air-pollution permit for failing to monitor flare pollution. And the Center has petitioned the agency to reject yet another permit for inadequate flare monitoring.

The oil and gas industry claims flaring reduces smog-forming and other toxic emissions by 95% or more. Yet reports from industry indicate flares often fail to meet that level of control.

In its January ruling the EPA found, “it is unclear…how the monitoring requirements assure that the [flares] continually achieve the specific 95 percent control efficiency in the Permits.”

Although recently announced state legislation promises greater oversight of the oil and gas industry’s air pollution, it will take enforcement by state agencies to comply with Clean Air Act permitting requirements.

“For too long Gov. Polis and his administration have talked the talk when it comes to holding the oil and gas industry accountable, but have refused to walk the walk,” said Nichols. “New legislation is promising, but if Colorado is going to continue to ignore the Clean Air Act and let companies pollute under flawed permits, then we’ve made no progress.”

More information about the Center’s fight against air pollution is available at Protecting Air Quality Under the Clean Air Act.