Upsets Loophole to be Eliminated, Hopefully

The upset conditions loophole, which has allowed polluters to jeopardize clean air and human health, is set to be eliminated. After a meeting yesterday with industry lawyers and representatives, the state of Colorado, the Environmental Protection Agency, and Rocky Mountain Clean Air Action, it was agreed that a proposal should be introduced to the Air Quality Control Commission for rulemaking. In essence, the decision starts the rulemaking process, which will formally eliminate the loophole and fully protect clean air.

While the move to rulemaking is a good sign, industry has still expressed its opposition to the elimination of the upset conditions loophole. The Colorado Association of Commerce and Industry has, in fact, attacked efforts to eliminate this loophole. The Clean Air Act, however, is clear that such loopholes are not allowed.

Most importantly, citizens living in Lyons, Canon City, Rifle, Denver, Boulder, Fort Collins, Durango, Craig, Pueblo, and countless other Colorado communities where large polluters are located will all breathe easier once this loophole is eliminated. Check out our presentation on this loophole online.