I_LICOAQ_2023A 11/08/2023 09:07:13 AM Committee Summary

Beatriz Soto, Director, Conservation Colorado, and Renee Millard-Chacon, Co-Founder and Executive Director, Womxn from the Mountain, provided an update about the Environmental Justice Task Force recommendations.  They discussed environmental inequities and raised concerns about enforcement, protection, and accountability, among other issues.

Their presentation may be viewed here: https://leg.colorado.gov/sites/default/files/images/committees/ejatf_presentation.pdf.

Committee members asked questions about the presentation.  Committee discussion followed about committee rules and other legislative oversight mechanisms, such as SMART Act hearings. 

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Jennifer Berman, Office of Legislative Legal Services, provided a high level summary of the independent investigative report into allegations that staff at the Air Pollution Control Division of the Colorado Department of Public Health and Environment (CDPHE) did not properly enforce federal air quality standards.

Ms. Berman's testimony may be read here: https://leg.colorado.gov/sites/default/files/images/committees/jennifer_berman_presentation.pdf

The independent investigation report is found at this link: https://coag.gov/app/uploads/2021/09/CDOL-Report-210922.pdf.

Chandra Rosenthal, Rocky Mountain Office Director, Public Employees for Environmental Responsibility, presented recommendations from experts within CDPHE, including the whistleblowers involved in the above-referenced report. Ms. Rosenthal's written statement may be read here:  https://peer.org/wp-content/uploads/2023/11/11_8_23-Testimony-Ozone-Leg-Com.pdf

Committee members asked questions about modeling, monitoring, and state compliance.

 

Further questions were raised about improvements made at CDPHE since the whistleblowing incident.  Discussion followed about the permitting process and non-attainment areas.  

Jill Hunsaker Ryan, Executive Director, CDPHE, presented to the committee on the whistleblowing report referenced above.  She also discussed minor source modeling programs and ongoing air quality work.  Her presentation may be found here: https://leg.colorado.gov/sites/default/files/images/committees/cdphe_presentation.pdf

Committee members asked question about whistleblowers and other ongoing compliance issues.  Additional questions were raised about staffing and new employees.

Karin McGowan, Commissioner, Energy and Carbon Management Commission, Department of National Resources, presented about permit trends and cumulative impact strategies.  Her presentation may be viewed here:  https://leg.colorado.gov/sites/default/files/images/committees/ecmc_cumulative_impact_presentation.pdf.

Committee members asked questions about wells and permits granted in non-attainment areas.  Discussion ensued about grounds for denying permit applications. 

Tessa Sorensen, Energy Liaison, CDPHE, discussed the oil and gas permitting process.  Committee members asked questions about consultation triggers, frequency, and fee operations.  Further discussion followed about actions on high forecast ozone days to reduce emissions. 

Mary Uhl, Executive Director, Westen States Air Resources Council (WESTAR), discussed ozone in western states. Her presentation is posted here:  https://leg.colorado.gov/sites/default/files/images/committees/westar_presentation.pdf.

Committee members asked questions about the permitting process and other approaches or strategies to modeling.  Further inquiries were made about specific actions states could take to decrease emissions.   Discussion followed about the different types of non-attainment zones.

The committee was called back to order.

Frank Flocke, Senior Scientist, Atmospheric Chemistry Observations and Modeling lab, National Center for Atmospheric Research/University Corporation for Atmospheric Research, presented information about front range ozone, including a primer, research overview, changes in the past decade, and monitoring recommendations.  His presentation is posted here:  https://leg.colorado.gov/sites/default/files/images/committees/ncar_presentation_0.pdf.

Committee members asked questions about non-regulated, non-road vehicles.  Discussion followed about future ozone studies and costs.  Additional conversation ensued about daily ozone reports and contributors on the Front Range.

 

Jana Milford, Professor Emerita, University of Colorado Environmental Engineering Program, presented about air quality, including modeling, temporary sources, and opportunities for improvement.  Her presentation is at this link:  https://leg.colorado.gov/sites/default/files/images/committees/jana_milford_presentation_.pdf.

Committee members asked questions about balancing health impacts with energy demands.  Discussion followed about ways to reduce emissions.  

Ryan Maher, Staff Attorney, Center of Biological Diversity, presented to the committee about minor source permitting.  His presentation may be read here: https://leg.colorado.gov/sites/default/files/images/committees/center_for_biological_diversity_-_colorado_minor_source_permitting_presentation.pdf.

Committee members asked questions about enforcement and baseline standards. 

Alexis Schwartz, representing themself, testified about ozone quality and the climate crisis.

Jacob Smith, representing Colorado Communities for Climate Action, raised concerns about air quality.

Rev. Janel Apps Ramsey, representing Together Colorado, testified about air quality concerns.

Ms. Heidi Leathwood, representing 350 Colorado, testified about the oil and gas industry.

Ms. Jaime Giesen, representing themself, testified about non-attainment areas.

Mrs. Laurie Anderson, representing themself, testified about funding ozone monitoring stations, such as the one in Broomfield.

Mrs Shaina Oliver, representing EcoMadres and Moms Clean Air Force Colorado Chapter, testified about Colorado's air pollution and health impacts.

Mr. Steven Winterbach, representing themself, testified about air quality in Colorado and pollution sources.

Elizabeth Sullivan, representing themself, testified about long term health consequences from air pollution.

Chair Bacon announced a committee field trip on November 29th, followed by a full committee hearing on December 8th.