Denver, CO – Critical Colorado air pollution data will remain out of public reach under a proposed directive negotiated between the U.S. Environmental Protection Agency (EPA) and the State of Colorado. EPA has proposed to rescind its previous directive that required the State of Colorado to collect and maintain critical air pollution data from the oil and gas industry. A coalition of environmental groups led by CBD and PEER filed a formal objection to the EPA Region 8’s surprising reversal.

Ironically, the issue arose around transparency rules issued by EPA requiring the State of Colorado to collect key environmental data such as pollution exceedances from equipment failures and results from the adoption of Reasonably Available Control technology. This data was to be stored with the state and made available to the public.

In August 2023, Colorado Attorney General Phil Weiser filed a lawsuit against EPA opposing the new transparency requirements in the US Court of Appeals for the 10^th Circuit, contending that the requirement was overly burdensome for industries and unnecessary. After months of closed-door negotiations, EPA reversed its position and has now proposed to rescind its previous directive requiring Colorado to collect and maintain key air pollution data.

The environmental groups argue that without the data being centralized and the details of compliance made publicly available, it will be nearly impossible for the public to effectively monitor and hold industries accountable for their environmental impacts.

“In an era where environmental accountability should be at the forefront, this decision is a step backward,” stated Ryan Maher, CBD attorney. “The public has a right to know what’s in the air they breathe. By reversing this decision, the EPA is not only weakening the Clean Air Act but also eroding the public’s trust in the agency’s ability to protect our communities from harmful pollution. The EPA has done so without even consulting with the public, just state officials, who often end up on the industry side of lawsuits brought by the public.”

Environmental groups are urging the public to voice their concerns and demand that the EPA reconsider its decision.

“The implications of this decision are far-reaching, as it sets a national precedent for diminished public oversight of industrial pollution under the guise of regulatory flexibility,” added Rocky Mountain PEER Director Chandra Rosenthal. “This rollback undermines the principle of government accountability by prioritizing industry convenience over public health protection.”

This decision is especially timely since Colorado recently introduced a new, more user-friendly database designed to organize and present the environmental data it currently possesses. However, this development has been met with skepticism, as the new software merely reshuffles existing information without revealing any additional insights. This move has been seen as a superficial attempt to address transparency concerns without making meaningful changes to improve public access to the specific critical environmental data required for enforcement.

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Read the September 5, 2024 protest of EPA’s reversal (attachments available upon request)

Read the EPA August 6, 2024 proposed rule

Compare EPA’s original proposal

Examine Colorado’s new Air Quality Records Database

Read the initial CBD letter