Air Pollution Upsetting

Rocky Mountain Clean Air Action is taking aim to protect clean air by eliminating a 30 year old loophole in Colorado's air quality law.

The loophole allows polluters to release air pollution above levels meant to protect human health during an "upset." Last December, we called on the U.S. Environmental Protection Agency to make the state of Colorado remove this loophole. In response, the state is acting and plans to have the loophole eliminated by the end of the year.

What is an upset? An "upset" is vaguely defined as an unpredictable event, something that is not reasonably preventable, or something that is beyond the control of polluters. The questions then come up, what is unpredictable? What is reasonably preventable? What is within the control of polluters?

It's this vagueness that has allowed polluters to use the "upset" loophole regularly and with dangerous consequences. Take a look at the state's list of reported upsets over the years. Colorado's two cement plants, for example, have claimed hundreds of upsets in the last five years. These upsets have released highly toxic dioxins, particulate matter, sulfur dioxide, and other pollutants above and beyond levels meant to protect human health. Our presentation has more unbelievable examples of how upsets threaten our air.

Just last Friday, Holcim's cement plant near Florence experienced an upset--a tire fire that spewed black smoke through local communities. See the upset below (taken by Debbie Bell with the Daily Record).


But the bottomline is that there should be no upsets. Good maintenance, thorough planning, equipment upgrades, and careful attention can prevent most any "upset." This is our clean air at stake and we can't afford to allow an upset to ruin that.