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Home My WebLink About20192530.tiffUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street Denver, CO 80202-1129 Phone 800-227-8917 www.epa.gov/region8 AUG 2 0 2019 Ref: 8ARD-IO The Honorable Mike Freeman, Chair Pro-Tem Board of County Commissioners of Weld County Weld County P.O. Box 758 1150 "O" Street Greeley, Colorado 80632 Dear Commissioner Freeman: RECEIVED WELD COUNTY COMMISSIONERS Thank you for your letter of April 30, 2019. In your letter, the Board of County Commissioners of Weld County requests that the EPA hold a public comment period regarding Colorado Governor Polis' March 26, 2019 letter withdrawing Colorado's June 4, 2018 request to extend the attainment date for the 2008 ozone National Ambient Air Quality Standard (NAAQS) in the Denver Metro/North Front Range (DMNFR) nonattainment area (NAA). The Commissioners also request that the EPA refrain from making any final decision on the withdrawal letter until ongoing state court litigation challenging the Governor's and the Colorado Air Quality Control Commission's actions is resolved. The DMNFR is currently designated as nonattainment and classified as a Moderate NAA for the 2008 8 -hour ozone NAAQS. On August 15, 2019, the EPA proposed classifying the DMNFR as a Serious NAA classification under the 2008 ozone NAAQS (84 FR 41674). Such a "bump -up" will require that the area attain the applicable NAAQS by July 20, 2021. This proposal is based on state certified air quality monitoring data for the years 2015-2017 for the DMNFR, which did not attain the 2008 ozone NAAQS by its July 20, 2018 due date; nor do current data show that it attained by July 20, 2019. Under a Serious classification, Colorado will have to meet additional Clean Air Act requirements. Cornmo n; Co.-t'ns c c Ca, (f3o ©9/Ic lI9 ogittin �0�9 -0)530 The EPA appreciates the Weld County Commissioners' feedback. We will be accepting public comments on the August 15 proposal until September 16, 2019, and will also hbld a hearing at the Agency's regional office in Denver on September 6, 2019, to provide the pubic with an opportunity to present oral testimony on the proposal. If you or other Weld County Commissioners have any questions regarding our plan for the DMNFR 2008 ozone NAA, please contact me at (303) 312-6416. Sincerely, Carl Daly Acting Director Air and Radiation Division cc: Bruce T. Barker, ESQ., Weld County Attorney OFFICE OF BOARD OF COMMISSIONERS PHONE: 970-336-7204 FAX: 970-336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 30, 2019 Submitted Via E -Mail Administrator Andrew Wheeler United States Environmental Protection Agency Mail Code: 2822T 1200 Pennsylvania Avenue NW Washington, DC 20460 Re: Colorado Governor Polis' Request to Withdraw Colorado's Request to Extend the 2008 Ozone National Ambient Air Quality Standard Attainment Date for the Denver Metropolitan/North Front Range Nonattainment Area Dear Administrator Wheeler: The Board of County Commissioners of Weld County, Colorado, respectfully requests the Environmental Protection Agency ("the EPA") to: (1) hold a public comment period regarding Colorado Governor Jared Polis' March 26, 2019 letter to the EPA (attached) purporting to withdraw Colorado's June 4, 2018 request to extend the attainment date for the 2008 ozone National Ambient Air Quality Standard (NAAQS) in the North Front Range Area (2018 Extension Request); and (2) to refrain from making any final decision on that Withdrawal Letter until the ongoing litigation challenging the Governor's and the Colorado Air Quality Control Commission's actions is fully resolved in Colorado. See Defend Colorado v. Governor Jared Polis & the Colorado Air Quality Control Commission, Civil Action No. 2019CV31577 (April 23, 2019), also attached hereto. Weld County is situated in the North Front Range Area of Colorado that is currently in moderate nonattainment for the 2008 ozone NAAQS. Weld County is home to a significant and valued oil and gas industry, and its citizens make up a large portion of that industry's work force. Weld County therefore knows the value of a responsible oil and gas industry, the significance of the tax revenue it generates to America's infrastructure and appreciates the national security this country enjoys because of locally produced oil and gas. Weld County also appreciates the hard work the men and women employed by the oil and gas industry demonstrate day -in and day -out to make sure all Americans have heat and light in their homes, schools, hospitals and businesses, as well as fuel to power their cars, trucks, and tractors. Weld County values the revenue the industry Letter: Administrator Andrew Wheeler United States Environmental Protection Agency April 30, 2019 Page 2 provides to its families, enabling them to enjoy financial stability and understands the importance of small businesses that support those families and thereby support the industry. Just as importantly, Weld County's citizens value the natural resources and environment of this large county which has a rich agricultural tradition and is Colorado's leading producer of cattle, grain and sugar beets. Weld County is also a place of natural beauty, including the Pawnee National Grassland, and has popular hunting and fishing areas. Weld County thus places a high value on the wise and sustainable use of its natural resources, and achieving and maintaining a clean and protective environment, including clean air, water and soil. For these reasons, Weld County supports reasonable environmental policies that are based on the best science and data, protect the environment and our citizens, and promotes the sustainable use of our natural resources that enables a good and sustainable standard of living for our families. With respect to the Clean Air Act's mandate to achieve the NAAQS, this means accounting for, as the law requires, all sources of pollutants that contribute to ambient air quality conditions in Colorado generally and Weld County specifically. Weld County is thus disappointed by Governor Polis' unilateral decision to ignore the best science and data by arbitrarily withdrawing Colorado's 2018 Extension Request and urges the EPA to engage in a transparent process, including public participation, to address these complex and important issues. The EPA previously allowed two rounds of public comment on its proposal to grant Colorado's 2018 Extension Request. See EPA Docket Nos. EPA -HQ -OAR -2018-0226-0001; EPA -HQ - OAR -2018-0226-0044. It is consistent with the EPA's past practice and good policy to allow public comment on Governor Polis' Withdrawal Letter, which represents a complete departure from Colorado's prior position on its 2018 Extension Request and the comments that the EPA received supporting its proposal to grant the 2018 Extension Request. Weld County is committed to achieving cleaner air through reasonable air pollution control methods based on the best science and data. But Weld County opposes efforts to artificially force Colorado into a stringent one -size -fits -all federal emission control regime that is not supported by the reality of ambient air quality conditions in Colorado. Colorado and Weld County have worked tirelessly to significantly to reduce emissions and improve ambient air quality over the last several decades. However, as is well known to Governor Polis, the Colorado Air Quality Control Commission, and the EPA, emissions from foreign sources and forest fires significantly contribute to Colorado's ambient ozone concentrations and impair Colorado's ability to comply with current ozone NAAQS. Unfortunately, Governor Polis has chosen to ignore these well-known realities with his recent Withdrawal Letter. He is instead trying to force Colorado into a regulatory straightjacket that Congress and EPA specifically allow states to avoid through attainment date extension requests, and international emissions and exceptional events demonstrations. Letter: Administrator Andrew Wheeler United States Environmental Protection Agency April 30, 2019 Page 3 Governor Polis' efforts will significantly harm Weld County, its citizens, its agricultural community and the oil and gas industry that operates in the county by forcing the North Front Range Area into a "serious" nonattainment designation that will impose unnecessary and inappropriate restrictions on all activities within Weld County. Accordingly, Weld County requests the EPA to re -open the comment period on its proposed decision to grant Colorado's 2018 Extension Request in order to allow the public to comment on Governor Polis' unilateral and arbitrary (and unlawful, under Colorado law) attempt to withdraw the 2018 Extension Request, and delay any decision until the ongoing litigation challenging the Governor's and the Colorado Air Quality Control Commission's actions is fully resolved. Sincerely, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY Mike Freeman, Chair Pro-Tem cc: Doug Benevento, Senior Counselor to the EPA Administrator cc: Deb Thomas, Acting Administrator, EPA Region VIII cc: Colorado Governor Jared Polis cc: The Colorado Air Quality Control Commission cc: Ken Buck, Representative, Colorado 4' Congressional District cc: Cory Gardner, U.S. Senator for Colorado Hello