Elimination of Loophole to Help Reduce Denver Smog

In response to a petition from Rocky Mountain Clean Air Action, the state is gearing up to eliminate the "upset conditions" loophole in its air quality regulations.

The loophole, which exempts compliance with the Clean Air Act during "Upset Conditions and Breakdowns," allows polluters to endanger public health and welfare and avoid compliance with clean air laws and regulations. In the Denver metro area, there have been numerous upsets related to the emission of ozone forming compounds.

A review of data on file with the state shows that between 2001-2006, the Suncor Denver oil refinery north of Denver and the BP Wattenberg natural gas processing plant east of Denver experienced 66 and 79 upsets, respectively, related to the emission of ozone forming compounds. Just in 2005, the BP Wattenberg gas plant experienced an upset that released ozone forming compounds for over 90 days.

In light of dangerously high ozone levels in the metro area, these upsets pose serious threats to our air and health. The state will formally request the Air Quality Control Commission to iniate rulemaking to eliminate the "upsets" loophole this Thursday, August 17. For more information on "upsets," visit the Rocky Mountain Clean Air Action blog.