Federal law allows states to impose air pollution rules stricter than the ones that come out of Washington. But Colorado is handcuffed by its own laws, including a 1992 statute that say the state’s rules must be the same as federal regulations. We urge the legislature to pass House Bill 1309, which would let Colorado do what 24 other states – including Wyoming, Nevada, Arizona and Nebraska – already have done: Put the flexibility allowed by federal law into our state statutes, so we can impose tougher pollution rules when needed.
The issue arose last year when the U.S. Environmental Protection Agency weakened requirements for large polluters to upgrade air emission controls during major renovations. The “new source review” rollbacks could hamstring Colorado’s clean air efforts, but the state’s Air Quality Commission went along. When the legislature considered overruling the commission, then-public health director Doug Benevento said that doing so would run afoul of a state law that forbids Colorado from imposing tougher rules than those set by Washington.
Now, the health department is backpedaling, claiming the law only applies to implementing federal rules. It’s a bureaucratic tap dance that obfuscates the fact that Colorado gave away its right to protect itself.
The issue has grown more urgent since the EPA adopted new mercury pollution rules. Colorado’s air will get dirtier because the EPA’s trading program in pollution credits encourages more mercury emissions in places that now are relatively clean.
HB 1309, sponsored by Rep. Anne McGihon and Sen. Dan Grossman (both Denver Democrats) would give Colorado the authority and flexibility it needs to set stricter air quality standards. (Another version of the idea, HB 1113, had majority support but died on a parliamentary maneuver Friday.)
Opponents stand directly opposite long-standing bipartisan state goals, as Colorado law for years has “declared it to be the policy of this state to achieve the maximum practical degree of air purity in every portion of the state.” HB 1309 would protect Colorado by saying state law “shall in no way preclude the adoption of more stringent standards or rules than the federal act or implementing federal regulations.”
HB 1309 faces fierce attacks from industries that would profit under the weak federal rules. But in the 21st century, Colorado’s future is not tied to smokestacks; it’s tied to a quality of life that attracts tomorrow’s employers. HB 1309 is good for our environment and economy.
