Congress lets state governments adopt air pollution rules that are tougher than federal regulations, but Colorado has tied its own hands in this regard with a state law that says Colorado can’t impose stricter standards than the feds require.
That absurdity should end now that the legislature has passed a measure, House Bill 1309, which allows Colorado to take advantage of the flexibility provided under the national Clean Air Act. To become law, HB 1309 needs Gov. Bill Owens’ signature.
The change is urgently needed because the U.S. Environmental Protection Agency is adopting rules that could threaten Colorado’s current air quality. For example, the EPA’s new rules on mercury emissions could more than double the amount of mercury pollution in Colorado by 2010. The EPA also may adopt new rules on volatile organic compounds, which contribute to ozone pollution and are one reason the Front Range is struggling to keep its ozone levels from busting health limits.
It’s unwise that our own state law has denied state government the ability to protect Colorado’s interests. HB 1309 will allow Colorado officials to step up whenever federal standards fall short, and we urge the governor to sign it into law.
