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EPA Orders Aspen Power to Stop Construction

Release Date: 03/04/2009
Contact Information: Dave Bary or Anthony Suttice at 214-665-2200 or

(Dallas, Texas – March 4, 2009) The Environmental Protection Agency (EPA) has directed Aspen Power, LLC, to cease construction of its proposed power generation unit located on Kurth Drive, Lufkin, Angelina County, Texas, until a valid permit has been issued by the Texas Commission on Environmental Quality (TCEQ).

The federal Clean Air Act has established a preconstruction review and permitting program applicable to major sources of air pollution in certain areas of the United States, which includes Southeast Texas, and allows these facilities to be constructed only after a valid permit is issued. Aspen Power, LLC, has not received the required permit from the TCEQ to proceed with construction.

An EPA inspection on February 18, 2009, found construction activities, including a concrete foundation for the boiler unit, a concrete foundation for the turbine, and construction of the boiler stack, have already been completed at the proposed Aspen Power Plant.

Based on these findings, EPA has ordered Aspen Power, LLC, to stop construction activities at the Aspen Power Plant until Aspen has obtained the required permit from the TCEQ.

Aspen Power, LLC, has also been ordered to submit written certification within ten days that construction of its proposed power plant has ceased.

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