WildEarth Guardians Seeks EPA Intervention to Halt Illegal Oil and Gas Air Permitting in Colorado

Clean Air, Public Health at Risk as State Fails to Comply with Clean Air Act

Denver-WildEarth Guardians today called on the U.S. Environmental Protection Agency to hold that the Colorado Department of Public Health and Environment is not permitting oil and gas developments in accordance with the Clean Air Act, and to apply sanctions against Colorado-including restrictions on highway funding and grant monies-until the State cleans up its act.

“It’s time to put clean air first in Colorado,” said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. “All we’re asking is that the State follow our clean air laws. And with oil and gas drilling continuing to take a toll on our air quality and our health, this is the least we can ask for.”

Oil and gas development is one of the largest sources of air pollution in Colorado. In its most recent report to the public, the Colorado Air Quality Control Commission stated:

An energy development boom began in Colorado in 2004 as rising energy prices created greater incentives to develop oil and gas resources. Oil and gas development now accounts for about 50 percent of permitting activities of the [CDPHE] Air Pollution Control Division (APCD), and the industry is the largest source category of human-caused ozone-forming emissions in the state.

In the Denver metro area, oil and gas drilling still releases more smog forming compounds than all the cars and trucks combined. Although Colorado has taken steps to control emissions from oil and gas development, the State is not fully controlling pollution in accordance with the Clean Air Act.

At issue is Colorado’s failure to “aggregate” emissions from oil and gas facilities when issuing permits. Under the Clean Air Act, stationary sources of air pollution must be permitted. A stationary source must include all connected pollution emitting activities. In the case of oil and gas operations, Colorado is not including oil and gas wells that are connected with larger facilities-such as compressor stations and processing plants-when issuing air permits, even though these wells cumulatively release large amounts of air pollution.

In a rulemaking petition filed with the Administrator of the Environmental Protection Agency, WildEarth Guardians cited Colorado’s ongoing failure to appropriately permit oil and gas operations. The petition cites, among other things, the fact that the Administrator herself objected to the issuance of a permit in Colorado on the basis that the State failed to aggregate emissions from connected oil and gas wells.

In October 2009, the Administrator held that Colorado is required to ensure that connected oil and gas wells are included in air permits. In granting a petition filed by WildEarth Guardians, the Administrator overturned the State’s issuance of a permit for a natural gas compressor station operated by Anadarko Petroleum in Weld County, stating, “I grant the Petitioner’s request for an objection to the permit on the issue of CDPHE’s failure to provide an adequate basis in the permit record for its determination of the source for PSD and title V [permitting] purposes.” See Administrator’s Objection.

The petition calls on the Administrator to make findings that the State is failing to implement its permitting regulations, and upon making such findings, apply sanctions against Colorado. The Clean Air Act provides that the Environmental Protection Agency can make such findings and apply such sanctions to rein in obstinate States. The sanctions that can be applied against Colorado include withholding of federal highway funding, withholding of grant monies, and emission offset requirements.

“We need EPA intervention and we need it now,” said Nichols. “Our health and welfare is simply too important to allow the State of Colorado to ignore.”

WildEarth Guardians has called on the Administrator to respond to the petition with in 60 days.


 

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