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I_LICOAQ_2023A 08/25/2023 09:09:14 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
INTERIM 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
Call to Order, Opening Remarks, and Election of the Vice Chair Committee Discussion Only
Presentation from the Colorado Department of Public Health and Environment and the Energy & Carbon Management Commission, Department of Natural Resources Committee Discussion Only
Presentation from Earthjustice Committee Discussion Only
Public Comment on the Direction of the Committee Committee Discussion Only
Discussion 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

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


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


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.






The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details