Air pollution wafting into Colorado from Asia could give the Environmental Protection Agency a basis for letting the state off the hook as a “serious” violator of federal health standards, relaxing pressure to tighten emission controls on oil and gas and other industries along the Front Range.
But Gov. Jared Polis has directed state air officials not to pursue that exemption. Instead, he’s ordered work to cut the pollution Colorado can control — shifting to electric vehicles and renewable energy, reducing oil and gas emissions — so that the state no longer flunks.
“We can’t use pollution from China as an excuse not to improve our air quality here in Colorado,” Polis said. “We must act with a sense of urgency to reduce smog. That means we can’t sit back and rely on a waiver or other countries to get us there. We have to do everything in our power right here at home.”
Colorado’s evolving posture emerged Thursday as the state Department of Public Health and Environment’s Air Quality Control Commission rejected a push by a pro-industry group called Defend Colorado to pursue an “international contributions” exemption that would reduce the state’s responsibility under the federal Clean Air Act.
State air monitoring for years has detected pollution traced to China, likely from coal-burning power plants. And analysts have estimated it could account for at least 5 parts per billion of the ground-level ozone smog measured along Colorado’s Front Range — enough, if it was exempted, to reduce the severity of Colorado’s violations of federal health standards.
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The air quality commissioners on Thursday voted unanimously to not hold a hearing to explore that exemption based on advice conveyed in an executive session that Defend Colorado lacks legal standing.
“You can pursue procedural pathways to get off the hook. But Coloradans would still be breathing unhealthy air,” Commissioner Elise Jones said. “Is that really what we want for the future or our state?”
This air quality battle reflects growing concerns about pollution and health impacts across a nine-county region along Colorado’s Front Range that for years has failed to meet federal standards. Under former Gov. John Hickenlooper, state air pollution control officials built up data and explored the case that, if the EPA excluded pollution flowing in from other states and countries, then Colorado air could be deemed in compliance.
Under Polis, the focus apparently is shifting toward dealing more aggressively with polluters.
“From a health perspective it doesn’t make any difference whether the emissions originate from inside or outside the state,” said Garry Kaufman, director of Colorado’s Air Pollution Control Division, in an emailed response to questions from The Denver Post. “What’s important is that Colorado moves aggressively to reduce those emissions that we can control — regardless of whether there are also out-of-state sources that contribute to our ozone problems.”
Worsening air quality along Front Range
Colorado Front Range air quality in recent years has worsened, with ozone readings exceeding the 2008 health standard of 75 ppb, let alone the current 70 ppb standard set in 2015. Air sampling stations at four sites — at the National Renewable Energy Laboratory near Golden, at Chatfield State Park, west of Fort Collins and near Rocky Flats — last year showed ozone exceeding 75 ppb. Even in Rocky Mountain National Park, ozone levels have hit the 70 ppb federal limit.
This is happening as oil and gas companies expand their operations north of metro Denver.
Fossil-fuel production has emerged as by far the largest source of volatile organic compound (VOC) emissions, and a growing source of nitrogen oxides — pollution that bakes in sunlight and forms ozone, state health officials said. (The oil and gas industry’s 280 tons per day of VOCs in 2011 did decrease, however, to 154 tons per day in 2017.) Other sources of the ozone air pollution include vehicles — determined by federal fuel efficiency standards and how much people drive — and the cross-border pollution from other states and countries.
Ozone attacks lung tissue, causing diseases and premature death. It also hurts forests and food crops.
The EPA for more than a decade has deemed Colorado Front Range counties in violation of federal health standards and ultimately could impose penalties that could hang up infrastructure projects such as highway expansions.
This May, Colorado officials are required to submit recent air-monitoring data to the feds — the data that show a continued failure to meet the 2008 ozone standard of 75 ppb, let alone the current 70 ppb standard.
EPA officials have said they may ratchet the state’s status from “moderate” to “serious” violator — a change that would force action by Colorado to impose limits on industrial polluters. “Serious” offenders must lower their threshold for requiring polluters to obtain state permits from 100 tons of pollution per year to 50 tons per year.
“The EPA is working with CDPHE as they implement and revise their plans to achieve Clean Air Act standards and reduce ground-level ozone along the Front Range. We’re focused on supporting the state as they implement existing air quality programs and identify additional opportunities to reduce emissions,” EPA spokesman Rich Mylott said. “We’re currently evaluating data to determine if that classification will change.”
“Important business of cleaning up our air”
It’s unclear who’s behind Defend Colorado. The group’s attorney, Paul Seby, told state commissioners who asked repeatedly about funders that it is “an organization of business and citizen interests in the state who care about air quality matters and regulations.” Seby declined to discuss the group and the issue.
Industry representatives at Thursday’s hearing included officials from Suncor, the Canada-based operator of the oil refinery north of Denver that repeatedly has had air pollution problems.
Colorado Oil and Gas Association attorney Andrew Casper testified in favor of Defend Colorado’s request for a public hearing, urging commissioners to explore data and decide whether to pursue the international contributions exemption. COGA represents companies with operations throughout the “non-attainment area” north of metro Denver, so ozone regulation “is of much importance,” Casper said.
Colorado’s failure to meet federal health standards is “due to the fact that the large majority of ozone concentrations… are the result of emissions outside of the state’s control,” COGA’s letter to the commissioners said. Avoiding a “serious” classification would “allow Colorado to continue to focus on thoughtful air quality planning… and will allow additional time for Colorado to establish permitting mechanisms necessary to comply…”
Colorado Chamber of Commerce attorney John Jacus also pressed commissioners to at least hold a hearing for exploring the exemption. Chamber of Commerce members may also be members of Defend Colorado, Jacus said in an interview.
Even if Colorado were to remain in its current status as a “moderate” violator of the 2008 health standard, “we’re not off the hook. The foot’s on our neck,” Jacus said.
But if the EPA deems Colorado a “serious” air-quality violator this year, it will cause a backlog of work updating around 600 air pollution permits that the state health department’s air pollution regulators have issued to companies. “It’s going to be a huge administrative problem,” Jacus said. “Let’s keep our eyes on the prize and not get distracted with administrative burdens.”
Environmental groups embraced the commissioners’ posture.
The Defend Colorado push “was designed to give oil and gas companies a free pass to pollute our air,” Center for Biological Diversity attorney Robert Ukeiley said. “Now we can get on with the important business of cleaning up our air, reducing asthma attacks and protecting people and our forests.”
