Colorado health authorities will not fully enforce new EPA rules designed to protect people from air pollution at oil and gas facilities.
The state's Air Quality Control Commission voted instead for a partial adoption of the federal clean-air rules. They plan to hold public meetings next year to consider full implementation.
Colorado Department of Public Health and Environment officials on Thursday issued a statement saying residents already are protected under "state rules that cover many aspects of EPA's rules." The statement said the commission worried that adopting the new standards "could potentially trigger unduly burdensome permitting requirements" for companies.
State officials said they would make no further comment on the issue and did not respond to questions Thursday.
The EPA rules are designed to reduce emissions of methane, volatile organic compounds and other hazardous gases. Many took effect Oct. 15. Others become effective next year and in 2015. Under an agreement with the EPA, Colorado's health department handles enforcement of federal rules in the state.
Oil and gas drilling activity has expanded around Colorado. More than 48,000 wells have been drilled and remain active. This has raised concerns about harm to the environment — water, soil, air — and people.
The CDPHE air division has limited resources — only about eight inspectors to monitor those wells, who would have to take on additional duties to enforce the new federal rules such as monitoring air around gas wells.
EPA inspectors could try to enforce their own rules in the region.
Environment advocates submitted testimony to state commissioners, urging swift adoption of EPA rules.
State air rules "are not nearly as protective" of public health as the federal rules, said Dan Grossman, regional director for the Environmental Defense Fund.
"This means we've lost an opportunity. The biggest issue now — which is not going to be addressed — is these new fracked wells," which emit methane and other pollutants, Grossman said.
"That is what the state officials have kicked down the road," he said. "The governor has been very active promoting the oil and gas industry. But it is important that he prioritize public health when it comes to the development of this resource."
A separate agency, the Colorado Oil and Gas Conservation Commission, has been charged with promoting and simultaneously regulating oil and gas companies. A COGCC "green completion" program requires oil and gas companies to capture methane emissions when wells are drilled. Companies are said to be complying. They are not required to manage air emissions if they determine it is not technically or economically feasible.
Bruce Finley: 303-954-1700, twitter.com/finleybruce or bfinley@denverpost.com
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