ICYMI: Pair of Comprehensive Bills to Slash Ozone Emissions, Deliver Cleaner Air Clear Committee

In 2022 the EPA downgraded the Denver Metro and North Front Range to a ‘severe’ nonattainment zone

DENVER, CO – Yesterday, the Senate Transportation & Energy Committee approved two bills to improve Colorado’s air quality and better the health of communities and the environment in ozone-impacted areas. 

Colorado’s Denver Metropolitan and North Front Range ozone nonattainment zone has been in violation of federal air quality standards for ozone since 2012. As there are many diverse causes to ozone emissions, SB24-165, sponsored by Senators Kevin Priola, D-Henderson, and Lisa Cutter, D-Jefferson County, would instate a multi-pronged emissions reduction approach. The bill would do the following:

• Require a pause in oil and gas pre-production activities for three months during ozone season;
   

• Codify Governor Polis’ nitrogen oxides (NOx) emissions reduction executive order, which directs state agencies to reduce NOx emissions 50 percent by 2030;
   

• Create a public database for the Colorado Department of Public Health and Environment (CDPHE) and the Energy and Carbon Management Commission of oil and gas air emissions data; and
   

• Clarify that the motor vehicle emission budgets developed for NOx and volatile organic compounds in the ozone nonattainment State Implementation Plan must decline starting in 2030 and every five years after for on-road and non-road mobile sources.

“Communities like those I represent up and down the Front Range have had to bear the consequences of unhealthy ozone levels for far too long,” said Priola. “We must take action now to reverse the effects of climate change and preserve our environment, including improving our air quality. Due to the complexity of air pollution and the wide array of sources that cause our high ozone emissions, we must tackle this problem in a holistic way – which is exactly what these bills aim to do.”

“Fifty-eight percent of Coloradans live in the nine-county area that experiences unhealthy ozone levels in the summer,” Cutter said. “Toxic ozone levels have far reaching health impacts, including shortness of breath, asthma attacks, increased risk for respiratory diseases, and lower birth weights for children born in high-ozone areas. While Colorado has worked hard to address the ozone problem, we need even more, faster action to reduce these harmful emissions.” 

The second bill, SB24-166, sponsored by Priola and Assistant Majority Leader Faith Winter, D-Broomfield, would strengthen enforcement of state and local air quality regulations. Under the current level of enforcement, the state is predictably falling further and further behind federal ozone air quality standards.

SB24-166 would create a “repeat violator” category for any polluter that violates Air Pollution Control Division's (APCD) regulations five times over three years, and requires mandatory fines for further violations by that repeat offender. Additionally, agencies would have to issue a compliance order for known high-frequency violators and violators would be required to take active steps to reduce emissions.

“Colorado has struggled to reduce air pollution for too long, leaving disproportionately impacted communities to suffer the worst impacts from toxic ozone levels,” said Winter. “The leniency in our current enforcement system fails to stop polluters from repeating their violations, which allows these polluters to keep degrading our air quality with nothing more than a slap on the wrist. This puts local residents’ health at risk – especially folks from historically marginalized communities. The stakes for cutting ozone emissions have never been higher, so it’s time we ramp up the consequences for repeat violators and deliver cleaner, healthier air for Coloradans.”

In February 2024, Suncor oil refinery paid a fine of $2.5 million for three years of air quality violations, when they could have been fined up to $30 million. The settlement represents just 0.04 percent of Suncor’s net profit. Because of the lax enforcement and penalties, the bill would increase the maximum fines local governments can impose for violations of local air quality regulations, with higher penalties for disproportionately impacted communities. 

Finally, SB24-166 would create a right for the public to enforce APCD’s regulations against any polluter if the APCD fails to do so.

SB24-165 and SB24-166 both head to the Senate Finance Committee for further review. Follow their progress HERE and HERE, respectively.