WildEarth Guardians

Tuesday, December 16, 2008
Air Quality Plan for Denver Metro Area Takes Step Backward in Favor of Oil and Gas Industry

Colorado Air Commission Squanders Opportunity to Fully Protect Clean Air, Meet Governor's Directive
Contact: WildEarth Guardians

DENVER - Despite overwhelming evidence that regional air quality is putting public health at risk, the Colorado Air Quality Control Commission last night adopted an air quality plan for the Denver metro area that weakens an original proposal, ignores a directive from Governor Bill Ritter, and disregards key requirements of the federal Clean Air Act.

"The Commission missed an opportunity to take a big step forward for clean air," said Jeremy Nichols, Climate and Energy Program Director for WildEarth Guardians. "Not only did the Commission completely ignore public health concerns, it ignored the cost of ozone air pollution to the region. Last night, the Commission was less concerned about the impacts of air pollution to families and communities and more concerned about the impacts to a handful of oil and gas companies."

The air quality plan was required to reduce ozone air pollution, the key ingredient of smog. In July of 2007, the Denver region violated basic health standards limiting ozone air pollution, which were then set at 85 parts per billion. In August of 2007, Governor Bill Ritter issued a directive calling for a clean air plan to immediately reduce ozone levels to at lest 80 parts per billion. Then, in March of 2008, ozone standards were strengthened by the U.S. Environmental Protection Agency to 75 parts per billion in order to better safeguard public health. Due to rampant air pollution, the region is nowhere near meeting the current ozone standards.

The clean air plan adopted by the Commission amounts to a wish list from the oil and gas industry. The plan adopted a proposal that represents a "compromise" between the State of Colorado and the oil and gas industry and also rolled back earlier proposed provisions in order to accommodate oil and gas interests. At best, data from the State of Colorado indicates that the rolled back clean air plan would reduce ozone levels by less than 1.7 parts per billion, or only to 84.3 parts per billion, above the Governor's directive and far above current health standards.

During their deliberations, the Commission not once considered the cost impacts of unhealthy ozone air pollution. WildEarth Guardians, local governments, and the American Lung Association of Colorado all provided detailed testimony demonstrating that unhealthy air pollution increases emergency room visits, causes more asthma attacks, and leads to more missed work and school days. These impacts take a toll on the region in the form of increased health care costs and decreased productivity. The U.S. Environmental Protection Agency itself estimates that for every dollar spent on reducing ozone to meet the new health limits, society reaps up to $2.00 in benefits.

"The Commission decided to put the oil and gas industry ahead of public health," said Nichols.

Ozone forms when nitrogen oxide and volatile organic compound pollution from smokestacks, tailpipes, and oil and gas drilling react with sunlight. Children, seniors, those with asthma and other respiratory conditions, and even active adults are most at risk.

The air quality plan also ignores key requirements of the Clean Air Act, in particular provisions that require large sources of nitrogen oxide pollution to reduce emissions. Nitrogen oxides are a byproduct of combustion. Recent air quality modeling released last July reported, "preliminary results suggest that regional NOx [nitrogen oxide] controls are one of the most effective strategies for reducing ozone in the Denver NAA [nonattainment area]." See report, page 7. During deliberations, the Commission did not even mention, let alone discuss, the requirements of the Clean Air Act.

By ignoring the Clean Air Act, the State of Colorado faces federal sanctions. Not only could the U.S. Environmental Protection Agency reject the Commission's plan, forcing it back to the drawing board, but it could take over Colorado's regulation of air quality. WildEarth Guardians intends to make sure the U.S. Environmental Protection Agency rejects the Commission's plan to ensure public health--not industry interests--receive primary attention.

"The Commission failed to adopt a plan that meets the basic requirements of the Clean Air Act--you can be sure we will be calling on the EPA to force a change in course," said Nichols. "This is not an arbitrary matter. With our economy the way it is, we need to be doing all we can to reduce the costs of health care and that starts with protecting clean air."

Air quality modeling shows that just by reducing nitrogen oxide pollution by 30%, in addition to reducing volatile organic compounds from oil and gas drilling operations, ozone in the Denver metro region could be reduce by as much as 4.7 parts per billion. See modeling data. Strengthening controls at coal-fired power plants, natural gas processing plants, and other large factories, could easily reduce nitrogen oxide pollution in the Denver metro area.

As a next step, the Colorado Legislature will review the air quality plan. If the Legislature approves, the plan will be submitted to the U.S. Environmental Protection Agency where the public will have an additional opportunity to scrutinize and challenge the plan. Under a court-ordered consent decree, the U.S. Environmental Protection Agency has until October 2010 to approve or disapprove the plan.