I_LICOAQ_2023A 08/25/2023 09:09:14 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGINTERIM COMMITTEE LEGISLATIVE INTERIM COMMITTEE ON OZONE AIR QUALITY Date 08/25/2023 Attendance Cutter X Evans X Froelich X Hansen X Kirkmeyer * Pelton B. X Priola X Taggart X Velasco X Willford X Winter F. X Bacon X Time 09:09:14 AM to 01:21:54 PM Place Old State Library This Meeting was called to order by Bacon This Report was prepared by Nina Forbes Hearing Items Action Taken hCall to Order, Opening Remarks, and Election of the Vice Chair Committee Discussion Only hPresentation from the Colorado Department of Public Health and Environment and the Energy & Carbon Management Commission, Department of Natural Resources Committee Discussion Only hPresentation from Earthjustice Committee Discussion Only hPublic Comment on the Direction of the Committee Committee Discussion Only hDiscussion of Additional Meeting Dates and Field Trip Committee Discussion Only Call to Order, Opening Remarks, and Election of the Vice Chair - Committee Discussion Only 09:19:15 AM Motion Nominate Senator Cutter for Vice Chair of the Committee Moved Winter F. Seconded Froelich Cutter Evans Froelich Hansen Kirkmeyer Pelton B. Priola Taggart Velasco Willford Winter F. Bacon YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection 09:19:16 AM Chair Bacon gave opening remarks on the committee. She gave an overview of House Bill 23-1294, the bill that created the committee. Senator Cutter was elected as Vice Chair. Presentation from the Colorado Department of Public Health and Environment and the Energy & Carbon Management Commission, Department of Natural Resources - Committee Discussion Only Attachment Tag File Name Attachment A http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/AF6C2DF4E23D...$File/Attachment A.pdf?OpenElement Attachment A.pdf Attachment B http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/04EB90B69672...$File/Attachment B.pdf?OpenElement Attachment B.pdf Attachment C http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/CF0DE7D975C8...$File/Attachment C.pdf?OpenElement Attachment C.pdf 09:20:14 AM Trisha Oeth, Director of Environmental Health and Protection, Colorado Department of Public Health and Environment (CDPHE), introduced herself and gave some brief opening remarks. She gave an overview of the ozone challenge in Colorado and the regulatory environment. Mimi Larsen, Deputy Director of Policy & Administration, Energy & Carbon Management Commission (ECMC), Department of Natural Resources introduced herself and gave opening remarks on the ECMC's regulatory processes and their partnership with CDPHE. CDPHE's opening remarks are included as Attachment A and ECMC's opening remarks are included as Attachment B. 09:40:38 AM Garrison Kaufman, Air Pollution Control Division Deputy Director of Regulatory Affairs, CDPHE, introduced himself and began his presentation. CDPHE's presentation is included as Attachment C. He discussed what composes ozone and why it matters, ozone formation, and National Ambient Air Quality Standards (NAAQS). Mr. Kaufman went over the current status of the Denver metro/ North Front Range nonattainment area, with it being in severe nonattainment for the 75 ppb 2008 standards and moderate for the 70 ppb 2015 standards. He next went over the State Implementation Plan (SIP) process, the Air Quality Control Commission (AQCC) is scheduled to hold a hearing on the 2008 NAAQS Severe SIP in December 2023 and the 2015 Moderate SIP in 2025. Mr. Kaufman answered questions from the committee. Ms. Larsen answered questions from the committee. 10:30:19 AM Mr. Kaufman went over long term ozone trends, the average contribution of different causes across all the monitors, the total ozone precursor emissions inventory, and reduction strategies in place or coming soon. He also discussed AQCC rulemaking from 2019-2022, AQCC rulemaking in 2023, the Governor's Directive to CDPHE and ECMC to reduce NOx emissions from the oil and gas sector, and recent legislation to improve air quality. 11:07:15 AM Michael Ogletree, Director the the Air Pollution Control Division, introduced himself and gave closing comments, including building capacity at CDPHE to address air quality challenges. 11:10:46 AM Division Director Ogletree, Deputy Director Kaufman, Director Oeth, and Deputy Director Larsen answered questions from the committee. 11:24:33 AM The CDPHE and ECMC continued to answer questions from the committee. Public Comment on the Direction of the Committee - Committee Discussion Only 11:42:43 AM David Sabados, representing Regional Air Quality Council, testified. Kirsten Schatz, representing Colorado Public Interest Research Group, testified. 11:49:27 AM The committee took a brief recess. Presentation from Earthjustice - Committee Discussion Only Attachment Tag File Name Attachment D http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/6B00D5060506...$File/Attachment D.pdf?OpenElement Attachment D.pdf 11:57:05 AM Rebecca Curry, Colorado Policy Counsel, Earthjustice, introduced herself and gave an overview of Earthjustice's mission. Earthjustice's presentation is included as Attachment D. 11:57:53 AM Ms. Curry went over how harmful ozone is to human health, the six criteria pollutants for which EPA has set standards, air toxics, and why it's time to tackle ozone head-on. Ms. Curry went over what "non-attainment" means, ozone non-attainment in Colorado, what's driving the ozone crisis in Colorado, and oil and gas pre production precursor emissions. Ms. Curry discussed the main barriers to addressing ozone: 1) ineffective SIPs and 2) state permitting disregards air quality. 12:29:48 PM Ms. Curry continued to discuss how state permitting disregards air quality. Ms. Curry gave concluding remarks. Ms. Curry answered questions from the committee. Public Comment on the Direction of the Committee - Committee Discussion Only Attachment Tag File Name Attachment E http://www2.leg.state.co.us/CLICS/CLICS2023A/commsumm.nsf/0/4E1C21704638...$File/Attachment E - Combined.pdf?OpenElement Attachment E - Combined.pdf 12:54:46 PM Dr. Annareli Morales, representing Weld County, provided public comment. Ruth Hund, representing themself, provided public comment. Elizabeth Relford, representing Weld County, provided public comment. 01:02:28 PM Nadine Jung, representing themself, provided public comment. Jan Rose, representing Colorado Coalition for a Livable Climate (CCLC), provided public comment. Heidi Leathwood, representing 350 Colorado, provided public comment. 01:02:29 PM Written testimony is included as Attachment E. Discussion of Additional Meeting Dates and Field Trip - Committee Discussion Only 01:13:17 PM The committee discussed future meeting dates. 01:21:54 PM The committee adjourned.