HomeMy WebLinkAbout20242301.tiffBOARD OF COUNTY COMMISSIONERS
PHONE: 970-336-7204
FAX: 970-336-7233
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
August 19, 2024
The Honorable Jared Polis, Governor
Colorado State Capitol Building
200 East Colfax Ave., Room 136
Denver, CO 80203
Govemorpolls@state.co.us
Re: Unique Challenges of Ozone Nonattainment and Opportunities for Partnership
with State Agencies
Dear Governor Polis:
The Board of County Commissioners of Weld County ("the BOCC") was disappointed to
recently learn of your June 5, 2024, letter to U.S. EPA Regional Administrator K.C. Becker
requesting a voluntary "bump up" of the nonattainment status for northern Weld County from
"Moderate" to "Severe" for the 2015 Ozone National Ambient Air Quality Standards
("NAAQS"). We learned of your request by obtaining a copy of the Federal Register publication
confirming that request and EPA's action in response. And while we understand the rationale for
the request as described in your letter, we believe the lack of communication between your
office, the Colorado Department of Public Health and Environment ("CDPHE") and Weld
County concerning your request specific to northern Weld County is emblematic of our
collectively poor communication and coordination regarding air quality of late. We are writing
to suggest we work together to improve our communication and coordination regarding air
quality moving forward and hope you will share this letter with your staff and the leadership of
the Air Pollution Control Division ("APCD") at CDPHE as a constructive first step.
As Weld County has increased its investment in air quality protection capabilities and its
participation in rulemaking and legislative efforts to protect and improve air quality, we have
experienced a number of successes and also failures that inform our perspective of the need for
partnership with Colorado state agencies, and CDPHE in particular, regarding air quality. We
recognize that we cannot be as effective in our efforts to protect public health and the
environment in Weld County if we lack timely information available to your staff and
CDPHE/APCD, and vice versa. This includes being able to inform our concerned citizens about
air quality data and whether those data indicate a significant potential for human health and/or
environmental impacts. This perspective is borne of our efforts and experiences including:
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2024-2301
Investing over $1 million to date to build and operate three federal -reference -quality air
monitoring stations in Weld County to enhance our understanding of air quality and our
collective photochemical modeling capabilities in Colorado with respect to ozone, fine
particulate matter, and nitrogen deposition;
Participating in numerous rulemakings before the Air Quality Control Commission
("AQCC"), including the Advanced Clean Trucks rulemaking, and continuing our work
to promote the benefits of CNG and RNG as "drop in" fuels for the HD truck sector in
the near -to -medium term;
Critically reviewing the State's EnviroScreen 1.0 tool developed by CDPHE and
exposing flaws and errors in its development that arc aiding in the creation of an
improved EnviroScreen 2.0 tool;
Hiring Dr. Annareli Morales, a Ph.D. atmospheric scientist to serve as Air Quality Policy
Analyst for the Weld County Department of Public Health and Environment, including
her representation of Weld County in important air quality forums and proceedings like
the AQCC, the North Front Range Metropolitan Planning Organization ("NFRMPO")
and the Regional Air Quality Council ("RAQC");
Unsuccessfully challenging EPA's refusal to use the best available data in its delayed
addition of northern Weld County to the 2015 ozone NAAQS boundary in the D.C.
Circuit Court of Appeals;
Continuous advocacy before the AQCC, RAQC, and General Assembly for the use of
best available data and the conduct of more frequent photochemical modeling to help us
zero in on the best control strategies for attaining the ozone NAAQS;Standing monthly
meetings between enforcement staff at APCD and Weld County's Oil and Gas Energy
Department and Department of Public Health and Environment;
Weld County's voluntary participation in the CDPHE's Air Quality Data Exchange pilot
program this summer and fall;
Sharing significant testimony and data on ozone atmospheric science with the Legislative
Interim Committee on ozone in the summer of 2023; and
Supporting and helping to craft an ozone bill this past legislative session that was data -
driven to deliver significant ozone reduction benefits and enjoyed broad, bi-partisan
support in the Senate, but was killed in the I -louse in the final days of the session due
primarily to unforeseen opposition from the staff of the RAQC.
These and other successes and failures are the result of very deliberate and thoughtful work by
Weld County's air quality and health professionals, county attorneys and engaged consultants
and outside counsel. That important work will continue (our occasional failures
notwithstanding), but it is further limited, and unnecessarily so, by how we do or don't
communicate and coordinate with our counterparts in state government, and especially those at
CDPHE/APCD.
Our recent experience with attempting to pass Senate Bill 24-095 is a good starting point for
improved communication and coordination to best serve our mutual constituents as we look to
the next legislative session. That bill included a motor vehicle high -emitter program based on
successful programs in California and Nevada, and also included a clean fleet program for local
governments. Such programs can deliver ozone benefits more quickly than waiting for fleet
turnover and increased percentages of electric vehicles ("EVs") in the on -road vehicle fleet, and
they also complement the State's prior commitment to EVs and zero emission vehicles
("ZEVs"). The high -emitter program also serves economically disadvantaged motorists who
may struggle to maintain their car or light duty truck and are unlikely to be able to purchase an
EV or ZEV.
Our recent effort to adopt these programs for Colorado to reduce ozone contributions from
the difficult -to -control mobile source sector also revealed some points of friction and less than
optimal cooperation between the mobile source program at CDPHE/APCD and the RAQC that
we think could be addressed in future legislation aimed at light -duty on -road vehicles in
particular. We would welcome dialogue with your office, the mobile source program at APCD
and RAQC concerning how best to address their concerns in our future legislative efforts to
adopt a high -emitter program.
We are already planning for one or more bills to address ozone in the nonattainment area for
the 2025 legislative session. We hope your staff will take the opportunity afforded by this letter
to connect with Weld County's team, led by Dr. Morales and Assistant County Attorney Matthew
Conroy, and also with representatives of CDPHE/APCD and RAQC to explore how we can get a
high -emitter program across the finish line and on your desk for signature. Please ask your staff
to contact Dr. Morales or Mr. Conroy (amorales@weld.gov or mconroy weld. ooy) to arrange
for one or more meetings to discuss this important work for the people of Weld County and the
State of Colorado.
Sincerely,
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
By: -- 0
Kevin D. Ross, Chair
c: Dr. Annareli Morales, Weld County Dept. of Public Health and Environment
Bruce T. Barker, Weld County Attorney
Matthew Conroy, Asst. County Attorney
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