Our Clean Air

Rocky Mountain Clean Air Action Merges With WildEarth Guardians

2008-09-15T16:39:00.000-07:00

Today, Rocky Mountain Clean Air Action officially joins forces with WildEarth Guardians. The merger brings together two of the region's most effective environmental advocacy groups, giving an enormous boost to our success in safeguarding clean air and the climate here in the Rocky Mountain region.

Founded in 2006, Rocky Mountain Clean Air Action has grown to be a regional force for clean air. Under the leadership of Jeremy Nichols, its director, the Denver-based nonprofit group scored a number of victories that have left the region's air cleaner and healthier. Over the last two years, Rocky Mountain Clean Air Action has also championed a number of initiatives to tackle climate change.

Today's merger brings Rocky Mountain Clean Air Action under the fold of WildEarth Guardians, a Santa Fe-based environmental group with offices in Denver and Phoenix. In doing so, the merger significantly enhances WildEarth Guardians' Climate and Energy Program and boosts the progress Rocky Mountain Clean Air Action has made toward cleaner air and a safer climate.

The merger also puts Jeremy Nichols in charge of WildEarth Guardians' Climate and Energy Program.

WildEarth Guardians will continue to support all of Rocky Mountain Clean Air Action's prior work, including efforts to clean up unhealthy ozone air pollution in the Denver metro region, clean up the CEMEX cement plant in north Boulder County, Colorado, and to hold the oil and gas industry accountable to safeguarding clean air and the climate throughout the region.

You can reach Jeremy Nichols at the Denver Office of WildEarth Guardians, 1536 Wynkoop, Suite 302, Denver, CO 80202, 720-563-9306, jnichols@wildearthguardians.org.

And check out WildEarth Guardians' Climate and Energy Program!

CEMEX Violates Clean Air Laws Again

2008-06-24T09:15:00.000-07:00

The CEMEX cement plant in Lyons, Colorado has violated clean air laws again, putting clean air and public health at risk again, and once again proving that the company couldn't operate a cement plant responsibly if it tried.

Last week, the State of Colorado put CEMEX on notice of a multitude of clean air violations and even issued a press release over the action. It's a sign that the state may be waking up to the fact the Lyons cement plant poses a serious risk to clean air and public health in north Boulder County. Late last year, the state gave CEMEX the green light to keep violating clean air laws, a move that Rocky Mountain Clean Air Action has challenged. The latest notice issued to CEMEX is a refreshing change in direction from the state.

But these recent violations are merely the latest in a long history of violations. Since 2000, CEMEX has been cited by the State of Colorado six times for violating clean air laws. Last year, both Rocky Mountain Clean Air Action and the U.S. Environmental Protection Agency put CEMEX on notice of the most serious clean air violations--failing to install the best air pollution controls.

And as if CEMEX's track record wasn't bad enough, yesterday the company reported that a coal silo at its Lyons cement plant "spontaneously" caught fire. The fire, which smoldered for hours on end, spewed coal smoke into the air totally unchecked. We seriously doubt whether the fire was "spontaneous," and it's telling that of this morning, CEMEX had yet to file a required report with the State of Colorado verifying the cause of the fire. The picture below, taken by CEMEX neighbor Ken Dobbs, shows the coal fire.

You can learn more about CEMEX and efforts to clean up its aging, dirty cement plant in Lyons, Colorado at www.ourcleanair.org/cemex.html.

SUV Driver Upset With Tailpipe Pollution Limits

2008-06-08T10:51:00.000-07:00

Earlier this year, tailpipe pollution limits in the Denver metro area were tightened to help safeguard public health from ozone pollution and that has one SUV driver upset. Apparently, his 2001 Land Rover Discovery continues to fail emission tests.

If true, this is a bit of a surprise. For one thing, newer cars typically meet tailpipe pollution limits easily. For another, state health officials have made it clear the only vehicles that will fail are those that are truly broken and need fixed.

Could it be that newer SUVs, or in particular Land Rovers, simply aren't designed to meet tougher pollution limits?

Regardless, we support the new tailpipe pollution limits. With ozone already reaching unhealthy levels in the Denver metro area, we need to do all we can to keep the air clean and safe.

Ozone Season Kicks Off With High Ozone

2008-06-08T10:01:00.000-07:00

It's going to be a tough summer for our health.

Last Sunday, June 1st, kicked off the "ozone season," meaning state and local health officials are going to start issuing alerts whenever ozone pollution reaches unhealthy highs. Ozone, a corrosive gas, forms when air pollution from smokestacks and tailpipes react with sunlight.

The timing was a bit late. On May 31st, ozone levels in the Denver metro area soared above the current health standard, which limits ozone to no more than 75 parts per billion over an eight hour period. Last Saturday, ozone levels reached 79 parts per billion at Rocky Flats and 77 in Boulder.

Not only that, but on May 24th and 25th, ozone reached unhealthy highs in Colorado Springs. This was all before the start of the official "ozone season."

These high ozone levels aren't surprising. The U.S. Environmental Protection Agency recently adopted stronger standards limiting ozone to keep communities nationwide healthy and safe, although these standards fell short of what was recommended by the agency's own science advisers.

While we're not surprised though, we're not pessimistic. Sure, we agree with state health official that we're in for a challenge, but this a challenge we can meet. The Regional Air Quality Council itself has recognized this. They've set a goal of meeting the EPA's new ozone standard of 75 parts per billion, an unprecedented step forward since states aren't even required to meet the new standards until after 2011.

But the challenge will be easier to meet than we think. There are a number of strategies to reduce ozone that have yet to be adopted, including stronger limits on pollution from oil and gas drilling, lower volatility gasoline, and cuts in pollution from the smokestacks of coal-fired power plants. These strategies and many more are detailed in The Path Forward, a report prepared by a coalition of environmental groups and local governments detailing the many cost-effective ways to reduce ozone in the Denver metro area.

With high ozone kicking off the ozone season, it's time to aggressively meet the challenge of safeguarding public health. It may be tough to meet stronger ozone standards, but compared to the difficulty of breathing polluted, unhealthy air, it'll be easier than we think.

Monitors in Western Colorado Set to Track Smog

2008-05-19T06:48:00.000-07:00

It's been a long time coming, but Colorado health officials are finally getting around to installing more ground-level ozone monitors in western Colorado.

According to the health officials, ozone monitors are going to be installed in the town of Cortez, in Montezuma County, in Palisade, near Grand Junction, and in Rifle, located in Garfield County.

The monitors are getting installed in time to start tracking ozone levels this summer. Ground-level ozone, the key ingredient of smog, is a widespread and harmful air pollutant that can trigger asthma attacks, keep kids from school, and even lead to premature death.

Some ozone monitoring has been done in parts of western Colorado, but the monitoring hasn't been rigorous enough to know whether or not we're complying with federal health standards that limit ozone. Sporadic monitoring in 2006 and 2007 in Garfield County, the epicenter of Colorado's latest oil and gas drilling boom, found that ozone levels exceeded federal health limits at times. Unfortunately, the monitoring wasn't continuous enough to know for certain whether federal health limits were met.

The only complete ozone monitoring that has been undertaken so far in western Colorado has been on the Southern Ute Reservation and in Mesa Verde National Park, all in the four corners region of southwestern Colorado. This monitoring has been undertaken by National Park and tribal officials, and while these monitors haven't yet violated federal health limits, they've shown some high readings. One monitor in La Plata County on Southern Ute land showed ozone levels as high as 82 parts per billion last summer. Current health standards are set at 75 parts per billion.

Although we agree wholeheartedly with Christopher Dann, the public information officer with the Colorado Air Pollution Control Division, that "People are the best monitors," we're pleased that more rigorous ozone monitoring is set to get started this summer.

Tougher Tailpipe Standards

2008-05-10T09:36:00.000-07:00

Stronger limits on air pollution from vehicle tailpipes are set to take effect in the Denver metro area. The tougher standards were adopted earlier this year to help reduce harmful ozone pollution in the region for this coming summer, and come on the heels of Governor Ritter's call to develop measures to reduce ozone in 2008 and keep people safe.

And speaking of tailpipe pollution, Rocky Mountain Clean Air Action and a coalition of other public health groups just successfully sued the U.S. Environmental Protection Agency over its failure to revise carbon monoxide air quality standards. Cars and trucks are the biggest source of carbon monoxide pollution. A federal judge ordered the EPA to get moving to review and revise nationwide carbon monoxide standards to safeguard public health.

BBC Reports: All is not Well in the Gas Patch

2008-05-05T07:33:00.000-07:00

This BBC report recently aired, learn for yourself what the natural gas boom is doing to the clean air and the communities of western Colorado.

San Luis Valley Oil and Gas Leases Yanked

2008-05-05T06:49:00.000-07:00

144,000 acres of the northern San Luis Valley of Colorado have been withdrawn from an upcoming oil and gas lease auction, a big win for wildlife, for the climate, and for the folks living the San Luis Valley.

The Bureau of Land Management had originally proposed to lease an unprecedented amount of lands in the Rio Grande National Forest and near Crestone, Colorado, at the foot of the Sangre de Cristo range. Once the leases were sold, oil and gas drillers would have the right to drill these sensitive lands.

In April, Rocky Mountain Clean Air Action, the Western Environmental Law Center, the San Luis Valley Ecosystems Council, and many other groups officially protested the lease auction. Local governments, including Rio Grande County, Saguache County, the town of Del Norte, joined in protesting.

At the heels of the protests, both Senator Ken Salazar and Representative John Salazar jointly called on the Bureau of Land Management calling on them to withdraw the San Luis Valley oil and gas leases.

It's a big win to be sure, and hopefully the San Luis Valley will stay safe from oil and gas drilling.

Cleaner Air along the Front Range

2008-05-02T14:14:00.000-07:00

Earlier this week, a coalition of public health and environmental groups called on the Regional Air Quality Council to set their sights on meeting the newer, stronger limit on smog along the Front Range, instead of an older, weaker standard.

Yesterday, the Council heeded the call and unanimously voted to set as their goal meeting the new smog standard. The move promises cleaner air for the Front Range and healthier communities.

To recap, last March the Environmental Protection Agency revised the standard limiting ground-level ozone nationwide. Ground-level ozone is the key ingredient of smog. The new standard limits ozone to no more than 75 parts per billion over eight hours. The old standard limited ozone to no more than 84 parts per billion, and the Front Range violated that standard last year. Unfortunately, while we have a new ozone standard, current efforts to reduce ozone have been focused on meeting the older limits.

The Regional Air Quality Council's vote yesterday means that our smog reduction efforts along the Front Range now need to focus on meeting the newer smog limits. It's a smart move, and public health stands to benefit tremendously.

With our goal set, the next step is deciding what smog reduction strategies we need to adopt. We're one big step closer to cleaner, healthier air here along the Front Range, and we hope to help make the next big steps toward our ultimate goal.

On a related note, yesterday the American Lung Association also released their annual State of the Air report. The Denver metro area has some pretty bad grades because of its air pollution. You can check the state of your air on the American Lung Association's website--be sure to send a letter for clean, healthy air!

Clean Air, Clean Air, Clean Air

2008-05-02T08:20:00.000-07:00

Here's a recap of where Rocky Mountain Clean Air Action has left its mark for clean air in the region:

In response to a petition filed by Rocky Mountain Clean Air Action, the CEMEX cement plant in Lyons is facing scrutiny by the Environmental Protection Agency. The petition calls on the Environmental Protection Agency to require CEMEX to install the best pollution controls on its smokestack. CEMEX claims its spent "millions" to clean up the Lyons cement plant, yet the company hasn't spent a penny on upgrading controls on its smokestack.

Rocky Mountain Clean Air Action has taken aim at climate change. Together with a number of local, regional, and national health and environmental groups, we've challenged the Bureau of Land Management's decision to auction hundreds of thousands of acres of Colorado, Montana, and New Mexico for more oil and gas drilling, drilling that will fuel global warming pollution.

And earlier this week, Rocky Mountain Clean Air Action challenged a decision by the Forest Service to allow a western Colorado coal mine to vent billions of cubic feet of methane--again Methane is not only a valuable gas, it's 21 times more potent than carbon dioxide as a greenhouse gas. We successfully overturned the same decision last February.

And you heard it from the Colorado Department of Public Health and Environment first: people are the best air quality monitors.

Oil and Gas in the Hot Seat

2008-04-13T13:46:00.001-07:00

The oil and gas industry is going to have to do more to cut its ozone forming pollution in the Denver metro area. That's good news considering the industry releases more ozone forming compounds than cars and trucks in the Denver metro area.

According to a presentation by the Air Pollution Control Division, just one source related to oil and gas--large condensate tanks--releases 111 tons of ozone forming compounds daily. Cars and trucks release 108 tons daily. Below is a picture of a condensate tank north of Denver. Check out this video (~ 6 MB) to see what ozone forming pollution from these tanks really looks like.

Mower Rebates in Fort Collins and Greeley

2008-04-07T12:34:00.000-07:00

It's a small step for clean air in the Denver metro area, but it's the little things that matter.

In an effort to phase out dirty, gas-fired lawnmowers, the City of Fort Collins just announced plans to offer a $25 rebate to residents who purchase an electric or reel mower. What's more, you scrap your old lawnmower and get another $25 rebate. That's $50 toward a new lawnmower, and a small, yet significant, step forward for clean air.

What's more, this April 25th in Greeley, you can exchange your old lawnmower for a new electric mower. This "Mow Down Pollution" event is being sponsored by the Regional Air Quality Council.

Kudos to the City of Fort Collins and the Regional Air Quality Council for their efforts to reduce ozone pollution by getting clean mowers in gear.

New Oil and Gas Rules Promise Cleaner Air

2008-04-04T08:04:00.000-07:00

While the oil and gas industry is critical of a package of new proposed rules that will help balance the needs of drilling with the health of local communities in Colorado, we're pretty excited that the proposed rules will lead to cleaner, safer air throughout the state.

Among other things, the rules would reduce foul odor emissions in western Colorado, would limit air pollution when oil and gas wells are being drilled and completed, and would require companies to use low to zero emitting controllers (called pneumatic devices).

We have to say though, the word "rule" is not quite right. Really, these new "rules" set standards of doing it right. Already, a number of companies in Colorado are meeting these standards. BP, for example, is already using green completions to reduce harmful air pollution in southwestern Colorado. EnCana oil and gas is also on a clean air rampage in the Denver metro area, replacing and retrofitting a number of its polluting equipment with low to zero emission devices to help reduce harmful ozone pollution.

Doing it right means reducing air pollution, and that's exactly what these new rules do. Not only that, but these new rules promise to help industry make more money. Williams Production, for example, makes around $9.00 for every $1.00 it spends on green completions in western Colorado.

Really, this isn't about "rules," its about doing business responsibly in Colorado. And from the standpoint of clean air, these rules are a big step forward toward responsible oil and gas drilling.

For more information on these proposed rules, visit the Colorado Oil and Gas Conservation Commission's website.

New Air Commissioners Appointed

2008-04-02T20:53:00.000-07:00

Governor Ritter just announced four appointments to the Colorado Air Quality Control Commission.

Not only is Governor Ritter reappointing Commission Chair Cynthia Peterson, a steadfast leader for clean air in Colorado, but three new people will join the Commission if they're confirmed by the Colorado Senate.

The three new people include Robert Arnott of Greenwood Village, Dr. Radford Byerly of Boulder, and Ashley Campsie of Littleton. Here's some of what we know about these three:

Robert Arnott used to be with the Colorado Department of Public Health and Environment, but now is tied to the oil and gas industry. He serves on the Advisory Board of the West Virginia-based company, Reserve Oil and Gas, and also owns an environmental consulting firm.

Dr. Radford Byerly is a research scientist at the Center for Science and Technology Policy Research, University of Colorado, used to work with the National Institute of Standards and Technology, and also served as chief of staff of the U.S. House of Representatives Committee on Science and Technology.

Ashley Campsie used to work with the Colorado Air Pollution Control Division and most recently worked for Duke Energy (see page 3 of the linked permit), now DCP Midstream, a natural gas processing company.

But the real question is, how will these three do on the Air Quality Control Commission? It's hard to tell at this point. We're sure to learn more on April 10 when these three appointees are scheduled to be confirmed by the Senate.

Smoggy Skies on the Rise

2008-03-23T10:31:00.000-07:00

Ground-level ozone, the key ingredient of smog, has long been known to plague urban communities throughout the country. But new findings are revealing that ozone is fast becoming a major health threat in rural communities throughout the Rocky Mountain region.

Ozone is a well-known threat to human health. While up high ozone protects us from ultraviolet radiation, down low it corrodes lungs, triggers asthma attacks, and can even cause premature death.

The latest health science though, is showing that even at low levels, ozone is hazardous to our health. In fact, the EPA just adopted stronger limits on ozone nationwide (although the new limits were roundly criticized for not going far enough to safeguard public health).

Here in the Rocky Mountain region, we're finding that ozone is rising to the very levels that are now known to threaten our health, even in rural areas. Here's a few examples of what's going on:

Colorado: high ozone levels have recently been recorded in Garfield County, the epicenter of western Colorado's natural gas drilling boom;
New Mexico: state officials have conceded that San Juan County in northwestern New Mexico, the site of booming oil and gas drilling, will violate the EPA's new ozone standards;
Wyoming: state officials have issued several unprecedented health warnings because of high ozone in western Wyoming, again the site of tremendous gas drilling impacts;

The take home message here is that ozone is no longer just an urban pollution problem in the Rocky Mountain region.

So what's to be done? If it's not already clear, there's a connection between unprecedented levels of oil and gas drilling and unprecedented levels of ozone. As we've pointed out before, the oil and gas industry is a burgeoning source of ozone forming pollution. Vapors from tanks and gas wells, as well as emissions from drill rig engines and trucks, are all on the rise. If we're going to clean up our Rocky Mountain skies, then we need to clean up the oil and gas industry.

Like we always say, although smoggy skies may be on the rise, we know what needs to be done to reverse this trend. Rocky Mountain Clean Air Action is going to start calling on states throughout the region to start cleaning up air pollution from the oil and gas industry and keeping communities safe and healthy.

Gas Drilling in the Jonah Field of Western Wyoming is Fouling the Air (image from Biodiversity Conservation Alliance, courtesy of EcoFlight).

CEMEX Permit Challenged

2008-03-23T09:47:00.000-07:00

The CEMEX cement plant is one of the worst polluters in the Denver metro area, spewing massive amounts of smog-forming nitrogen oxides, along with toxic mercury and dioxins, near the town of Lyons. Not only that, but the plant regularly violates clean air laws.

Most recently, the Environmental Protection Agency found CEMEX is illegally operating the Lyons plant without using up-to-date pollution controls.

That's why Rocky Mountain Clean Air Action has taken aim at CEMEX's air pollution permit. Citing the failure of the cement plant to use up-to-date pollution controls, we've asked the EPA to overturn CEMEX's permit and make the company use the best available pollution controls.

Under the Clean Air Act, any citizen has the right to petition the EPA to object to the issuance of an air pollution permit. The petition in this case is a formal request for the government to do something; in this case, make CEMEX follow the law. The EPA has to respond to our petition within 60 days. It's an unprecedented step; citizens have never before challenged CEMEX's air pollution permit.

Although we hope CEMEX comes to its senses and cleans up its act, we're not holding our breath. As we've learned time and time again, it takes vigilant citizen pressure to hold polluters accountable to clean air and our health.

We'll be keeping the pressure up until CEMEX is cleaned up once and for all.

Our Health is Worth It

2008-03-16T10:32:00.000-07:00

The Denver Post puts its succinctly in an editorial today: safeguarding public health from ozone pollution may not be easy, but for our health, it's worth the effort.

The editorial comes on the heels of the Environmental Protection Agency's decision last week to strengthen federal health standards limiting ozone. While strengthening health standards, the EPA's decision did ignore the recommendations of its own health scientists.

While we applaud the Denver Post for reminding us that our health matters most, we're not sure we agree that we face such a daunting challenge. True, reducing ozone means cleaning our cars, requiring polluters to upgrade emission controls, among other actions, but is all this really that difficult to get implemented?

If it's about money, then we don't think so. The EPA's own cost-benefit studies show that society reaps up to $8.50 for every $1 spent on reducing ozone pollution. Those benefits come from lower hospital bills and increased productivity in work and school. We're hard pressed to call such a payback difficult to achieve.

If it's about getting the pollution controls in place to reduce the ozone, then we're also a bit skeptical of any difficulty here. Here in the Denver metro area, some major sources of ozone forming pollution have yet to take any steps to curb their emissions. These sources include the area's coal burning power plants, which emit on average 160% more ozone forming pollution than similar power plants back east.

In fact, Rocky Mountain Clean Air Action, along with Environmental Defense and several local governments have identified a number of strategies that can be easily implemented to reduce ozone in the Denver metro area.

Instead of bemoaning any "difficulty" that may go along with reducing ozone, let's first look at the simplicity of the matter. It's our health on the line after all, it should be easy.

But Wait, There's More

2008-03-14T07:39:00.000-07:00

Responding to orders from President Bush, the Environmental Protection Agency scrapped a limit on ozone pollution that would have protected parks, wildlife, and crops.

While a major public health threat, ozone also damages vegetation. Take this example, where researchers studying the effects of ozone on corn crops found "significant" impacts, including reduced grain yield, lower seed weight, and shorter cob length.

Under the Clean Air Act, the EPA adopts two different air quality standards: one to protects public health and the other to protect public welfare, including vegetation.

Last year, the EPA proposed a public welfare standard for ozone especially to protect parks, wildlife, and crops. While that standard was weaker than what the agency's science advisers recommended, President Bush ordered the EPA to scrap it entirely and just make the public welfare standard the same as the public health standard.

It could be argued that any ozone standard good enough for public health is good enough for plants, but that's not exactly true. Last year, the EPA's science advisers recommended that the public health standard limit ozone concentrations over 8-hour periods, while the public welfare standard limit concentrations over an entire growing season. In other words, plants are more sensitive to long-term exposure while people are more sensitive to shorter-term exposure.

From our standpoint, it's confusing that President Bush would intervene like this. Every year, ozone pollution destroys hundreds of millions of dollars worth of crops. One recent study found that reducing ozone by 25% would benefit agriculture by $1-$2 billion annually.

This latest Bush giveaway to industry is going to cost this country a lot more than we think.

New Smog Standards Half Protect Public Health

2008-03-13T06:09:00.000-07:00

The U.S. Environmental Protection Agency announced stronger limits on ozone pollution in the United States yesterday, but kicked off a firestorm of controversy because it ignored the recommendations of its own scientists.

Ozone is formed when pollutants from tailpipes, smokestacks, and oil and gas drilling react with sunlight. It's a corrosive gas that can trigger asthma attacks, send people to the hospital, and cause premature death, even at low concentrations. Children, seniors, those with asthma and other respiratory conditions, and even active adults are most at risk. It's considered to be the key ingredient of smog.

Nationally, the Clean Air Act limits ozone concentrations to safeguard public health. Yesterday, the EPA announced it would set those limits at 75 parts per billion, a drop from 80 parts per billion. While the move is good for public health, sadly the new standard will leave many of us still gasping for clean air.

That's because the EPA's own clean air scientists called for the standard to be set to no more than 70 parts per billion. In a letter last March, the scientists emphatically stated, "the level of the current primary ozone standard should be lowered...to no greater than [70 parts per billion]."

That's not all. The EPA's own Children's Health Protection Advisory Committee called on the EPA to drop the standard to 60 parts per billion. And a flurry of public health groups, including the American Lung Association, American Academy of Pediatrics, Natural Resources Defense Council, and Rocky Mountain Clean Air Action also called for the standard to be dropped below 70 parts per billion.

It's yet another case of the EPA playing politics with public health.

Not surprisingly, the agency is under intense fire. Representative Diana DeGette, vice-chair of the House Energy and Commerce Committee, chided the EPA's failure to protect public health, as well as Senator Barbara Boxer, chair of the Senate Environment and Public Works Committee.

In the meantime, the new standards promise some changes in the Rocky Mountain region. With lower ozone limits, the bar has been raised, and that's good news for clean air and public health. While groups like Rocky Mountain Clean Air Action are going to continue to fight for ozone standards that fully protect public health, the new limits give will at least get us half the way there.

Smog-filled Denver Skyline.

Denver Post: EPA in Denial

2008-03-10T10:05:00.000-07:00

The Denver Post has joined the growing chorus of criticism against the U.S. Environmental Protection Agency's refusal to let California adopt clean car standards to reduce global warming pollution and safeguard public health.

The EPA's decision is about as contorted as it gets. While finding that global warming pollution is indeed a serious problem, the EPA shot down what would arguably have been a huge step forward toward a solution. While California was the one proposing to adopt clean car standards, if the EPA would have agreed, then 17 other states--including Colorado and New Mexico--also would have adopted the standards. Collectively, the standards would have ensured only the cleanest cars for our roads.

But for now, we're left fighting the EPA and once again taking the Bush Administration to court.

Kudos to the Denver Post for taking a stand for the climate.

Letter: Oil and Gas Needs to Shape Up

2008-03-06T06:10:00.000-08:00

Our friend Lisa Bracken, a resident of Silt, Colorado who is living in the midst of the latest gas boom in Garfield County, passed along this letter to the oil and gas industry. We echo Lisa's sentiment here and know that there's many, many more of us that feel the same:

There has been a lot of press lately regarding the discontent of the oil and gas industry over the new rule making proceedings which have taken place over the last couple of months in Denver. Folks from the industry have complained about perceived alienation from what they have characterized as an opaque and exclusive process. Further, they have clearly stated that they are anxious about new regulation to be promulgated by the Colorado Oil and Gas Conservation Commission as a result of recent legislation calling for balanced energy development with specific provisions protecting Colorado's environment and wildlife populations.

Please industry. Give me a break. I have had the unique privilege to attend, via teleconference, approximately half of these meetings. As a land and mineral owner in the midst of intense development, I'd like to remind industry and assure the public that, at least in my opinion, these meetings have provided an extraordinary degree of multi-lateral participation including noted points of often detailed concern. If the industry feels they have been in any way slighted, it is through their own failure to take advantage of the format provided to all stakeholders. With opportunities to submit written comment and the meeting rooms half to 2/3 full of industry heavies, like lawyers, technical experts, operational mangers, high level supervisors, and association representatives, I think they have actually taken strong advantage of the process. Throughout, industry has squawked about constitutional violations, jurisdictional limits to the COGCC's authority, what they have perceived as the potential "taking" of mineral owner's rights by prohibitive drilling, and misinterpreted legislative intent. With what amounts to legal body-checking at every conceivable conversational intersection, I am surprised at how well the Department of Wildlife, Colorado Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission have held up. Some legislators, however, seem to be decompressing. The organizational and financial prowess of the industry is ever evident and working hard to protect their business interests.

While industry has raised a valid point against duplicity and the inefficient, wasteful practice of reporting the same information to multiple agencies, over the years such fractured jurisdiction has singularly benefited the industry - by intentional design. Pipelines, drilling, spills -- all reporting on related field operations have been scattered hither and yon over numerous state and federal agencies, making it extremely difficult for any one agency (let alone an unsuspecting public) to get a handle on collective data, assess impacts and protect public health and safety. The COGCC is striving, to their credit, to broaden their perception of field operations by requesting an accounting of chemicals and facility equipment on site. This agency has the responsibility of clean up when facilities are abandoned (not an unheard of practice in the history of this industry). Since corporations no longer have to pay into the Superfund, that legislative safety net has been weakened. Further, loopholes in bankruptcy laws allow large-scale industrial polluters a valuable strategy to limit their environmental liability by potentially settling governmental claims for cents on the dollar. Though the COGCC knows how many wells are in existence, they currently have no way of knowing how many pads there may be. With pits and associated questionable chemical and cuttings waste on pad sites, the state is simply requesting an inventory. Industry: this is not punishment - it is prudence.

How is DOW faring under their new legislative mandate? Even though there are conceivably no critical habitat/wildlife conditions under which the DOW can prevent drilling if the industry wishes to pursue it, the industry is resisting even voluntary good practices and efforts at consultation regarding these issues. Again, the industry clearly wishes to trump and thereby prevent DOW from managing wildlife on private lands where drilling rights are involved. “The US Fish and Wildlife Service has estimated that half of the species listed as federally endangered or threatened have eighty percent or more of their habitat on private lands.” Home Owners Associations, like Grass Mesa, should not have the final say in wildlife management - even if industry antes a million on the table.

What does this tell you about industry? It tells me that they are simply interested in pursuing mineral resource (and profit) at break-neck speed and crushing density, damning the consequences - which have already shown themselves to be complex, destructive and significant. In response to long overdue regulatory review, industry has said they might have to leave the state. This is like a big bully standing on someone's foot and saying "Hey, if you don't stop yelling in my face, I may have to step off of your foot."

Industry: the legislators aren't asking you to go away. The COGCC isn't asking you to go away. The people of Colorado aren't asking you to go away. We just want you to get off our foot. I think most people in industry would understand that. It's industry as a collective corporate empire, seeking strong profits within a framework of heretofore allowable abuse that cannot seem to understand the need to pursue their interest in a balanced manner which supports conservation. No one can expect an 'entity' driven by a moral philosophy of profit to understand the need to protect our water, air and land for ourselves, the next generation and the symbiotic life that shares our planet and sustains the ecological balance we rely upon.

I am grateful the legislature has finally responded proportionately (not emotionally) to industry's impact with new mandates to bring accountability to the process of energy development. Everyone in Colorado should be grateful. Industry, please stop railing against common-sense measures to bring balance to a grossly unbalanced situation - one that is costing the rest of us dearly every day of our lives. In other words, get off our foot.

Oil and Gas Drillers Whining Against Public Health

2008-03-02T20:41:00.000-08:00

To paraphrase Mark Twain, suppose you were an idiot.

And suppose you were an oil and gas driller in Colorado.

But I repeat myself.

For those not tracking the process, the Colorado Oil and Gas Conservation Commission is proposing new rules to make sure oil and gas drilling is done right in Colorado. Doing it right means safeguarding clean air, clean water, and our communities. It means doing things that make sense.

But sensibility is a virtue that oil and gas drillers seem unable to grasp. Although one would think industry, too, would be supportive of safeguarding public health, that doesn't appear to be the case. Instead, industry has launched into what we can only describe as a juvenile temper tantrum.

You know, the kind our kids throw when they don't get the dessert they want on Sunday night right before bedtime? Or the kind they throw when they can't get a gumball on the way out of the grocery store? You get the picture.

And the tired one-liner industry keeps using? The new rules are "one-size fits all."

Let's be clear. If there's anything "one-size fits all" here, it's the fact that oil and gas drillers in Colorado seems opposed to any and all efforts to safeguard public health and our communities. In the last several years, efforts to protect clean air and clean water (including people's drinking water) have met nothing but resistance from drillers. Predictably, industry's fight and rhetoric continues.

Amazingly, the "one-size fits all" proposals that industry is now opposing include rules that would require companies to reduce their air pollution when they finish drilling natural gas wells, to develop a plan to keep chemicals from spilling into drinking water supplies, and to clean up production waste so that land can be used again for homes and businesses. These proposals are so sensible that most (but unfortunately not all) companies in Colorado are already doing this stuff.

Let's get beyond the rhetoric though. The idiocy notwithstanding, we think industry's real gripe is that they're not the ones writing the new rules.

And as far as industry's threat to leave Colorado if these new rules are adopted? While it's a weak bluff, we say that if oil and gas drillers would rather leave Colorado than safeguard public health and our communities, then good riddance.

If oil and gas drillers think it's too much for us to ask them to clean up their messes, keep our drinking water clean, and keep our air clean, they must either think we're stupid or...well, they really must be idiots.

New rules being considered by the Colorado Oil and Gas Conservation Commission would limit flaring like this, keeping the skies clean and communities safer. Industry opposes this measure.

The Last Place This Should Be Happening

2008-03-01T14:43:00.000-08:00

The State of Wyoming is facing something unprecedented: unhealthy ozone pollution.

Ozone, otherwise known as smog, is long-known as an urban health threat. In the Rocky Mountain region though ozone is beginning to plague even rural communities, including those in western Wyoming. This week, the Wyoming Department of Environmental Quality issued an ozone health advisory for the western part of the state, the first time ever that such an alert has been issued.

The reason for this unhealthy air pollution? Rampant oil and gas drilling.

Oil and gas drilling is spewing out pollutants that form ozone. These pollutants are coming from drill rigs, pollution venting at wells, and natural gas compressor engines. And more drilling is on the horizon. EnCana announced this week it wants to drill nearly 100 new oil and gas wells in western Wyoming.

The other part of the problem is that the Bureau of Land Management, which has given the green light to massive amounts of oil and gas drilling in western Wyoming. Just last week, the EPA ripped the Wyoming Bureau of Land Management for failing to protect air quality.

It's a mix of rampant oil and gas drilling, growing air pollution, and the failure of government oversight. Unfortunately, for Wyomingites it adds up to a serious health risk. It's time to rein in rampant oil and gas drilling, clear the air, and safeguard public health throughout the Rocky Mountain region, in urban and rural communities alike.

EPA Rips Wyoming Bureau of Land Management

2008-02-22T06:53:00.000-08:00

Citing massive increases in air pollution, the U.S. Environmental Protection Agency has ripped into the Bureau of Land Management's plans to allow more than 4,000 new oil and gas wells to be drilled in southwestern Wyoming.

In comments submitted earlier this week, the EPA noted that previous drilling in the area had led to "significant and unanticipated" clean air impacts and called on the Bureau of Land Management to adopt stronger clean air safeguards before allowing any additional drilling.

The EPA's comments are the latest sign that booming oil and gas drilling in the region is maxing out air quality. Earlier this month, the EPA told the State of Colorado to reassess whether it should exempt thousands of oil and gas wells from clean air safeguards.

We've said it before and we'll say it again. Oil and gas drilling is the largest, fastest growing source of air pollution in the Rocky Mountain region. Kudos to the EPA for helping to make sure we don't lose our clean air in the midst of this latest boom.

AG Suthers: the Ball's in Ritter's Court

2008-02-15T15:27:00.000-08:00

Colorado is the only state not joining in a lawsuit to overturn the Environmental Protection Agency's refusal to let states curb greenhouse gas pollution from vehicle tailpipes.

And today, at a University of Denver climate change law symposium, Colorado Attorney General John Suthers pointed the finger at Governor Ritter. In response to a question from Rocky Mountain Clean Air Action, Suthers stated that he would join in the fight to overturn the EPA's decision...if Governor Ritter's office asked him to.

Is he punting or telling the truth?

To review, the EPA last December rejected a request by California to adopt more stringent tailpipe emission standards. These same standards have been adopted or proposed for adoption by 17 states, including Colorado. Under the Clean Air Act, states have two choices--either adopt the EPA's tailpipe standards or California's. Because of the EPA's decision, states like Colorado can't curb greenhouse gas emissions from vehicle tailpipes.

So far, the states of California, Iowa, Florida, Minnesota, New York, Massachusetts, Arizona, Connecticut, Delaware, Illinois, Maine, Maryland, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Pennsylvania have all joined in a lawsuit against the EPA.

Colorado is conspicuously absent from this list. And that's confusing, to say the least. Last November, Colorado Governor Bill Ritter called for the adoption of California's clean car standards to help fight climate change.

So do we point the finger at Governor Ritter or Attorney General Suthers for not defending our ability to adopt clean cars?

Maybe it doesn't matter. After all, Rocky Mountain Clean Air has joined the lawsuit to defend Colorado's ability to adopt clean car standards. While the State itself may be missing in action, at least citizens are stepping up to the plate.

Big Wins for Clean Air in the Rockies

2008-02-14T17:13:00.000-08:00

In the last week, Rocky Mountain Clean Air Action has scored two big wins for clean air.

The first was last week, when the Environmental Protection Agency ruled that the State of Colorado needed to rethink exempting thousands of oil and gas wells from clean air safeguards. The ruling comes in response to a petition from Rocky Mountain Clean Air Action. Under the Clean Air Act, sources of air pollution that are connected and interrelated need to be regulated together, not piecemeal.

Despite this, thousands of oil and gas wells are regulated individually, even though they are connected to larger facilities (like compressor stations) and collectively add up to a significant source of air pollution. The EPA's ruling could mean the advent of stronger clean air safeguards across the entire Rocky Mountain region.

And just yesterday, Rocky Mountain Clean Air Action learned that it successfully halted a plan that would have vented billions of cubic feet of methane (also known as natural gas) from a coal mine in western Colorado. Methane is 21 times more potent than carbon dioxide as a greenhouse gas, not to mention the fact that its enormously wasteful to vent the gas. The amount of methane proposed for venting would have been enough to heat 35,000 homes for 12 years.

Responding to a challenge from Rocky Mountain Clean Air Action, the U.S. Forest Service reversed its own decision, ordering its local officials to more closely look at ways to control the methane.

We're hard at work on the frontlines, and it's paying off for our clean air and our climate. Happy Valentine's Day!

EPA's "More Mercury" Rule Struck Down

2008-02-08T08:12:00.000-08:00

UPDATE: You can read the court's decision here >>

A bit of good news to end the week. Today, a federal court struck down a U.S. Environmental Protection Agency rule that would allow dirty coal burning power plants to spew hazardous amounts of mercury into the air.

Mercury is a dangerous neurotoxin that is especially dangerous to children and developing fetuses. Under the EPA's rule, mercury from power plants would have been capped, and then traded like currency. While the plan might have cleaned up some power plants, it threatened to create dangerous "hot spots," or places where mercury pollution remained high and a serious threat to human health.

Today's court ruling is a major victory and sets the stage for full protection of human health from mercury poisoning.

"Collector" Cars a Real Problem

2008-02-04T11:40:00.000-08:00

The picture above captures it all, but the Rocky Mountain News today elaborates on the details of an emerging problem in the Denver metro area: drivers using the "collector car" exemption to avoid complying with clean air standards for tailpipes.

Under Colorado law, any car 25 years or older can be registered as a "collector car" and avoid regular tailpipe testing. Because state law considers any car 25 years or older to be a "collector car," it means that trucks like the one above qualify for the exemption from tailpipe testing.

Case in point is the truck above, which was spotted driving near Cherry Creek in Denver with collector plates. It may be more than 25 years old, but we're hard pressed to call it a "collector."

In the meantime, while "collector cars" like the one above avoid tailpipe testing, the Denver metro area is struggling to clean up harmful ground-level ozone pollution, the key ingredient of smog.

So what needs to be done? While there may be a need for true "collector" cars to be exempt from emissions testing, the exemption needs to be tempered significantly. The limit should be pushed back to at least 1975 or earlier, and motorists must show that the car is only used for "collector" purposes (e.g., shows, tours, etc.), not regular driving.

Welcome to the Blog!

2008-02-03T20:40:00.000-08:00

For over a year and a half now, Rocky Mountain Clean Air Action has been blogging at the Rocky Mountain Clean Air Action and the Denver Ozone blogs. We've decided to consolidate our blogging in one, easy-to-read blog, called Our Clean Air, sort of your home for one-stop-shopping when it comes to clean air in the Rocky Mountain region.

You can still read all our old posts on the Rocky Mountain Clean Air Action and Denver Ozone blogs. You can also search our old blog posts through our website search engine, right in the upper right hand corner of our home page.

See anything that needs changed or addressed? Send us your comments, our contact information is below. Thanks everyone!