Rocky Mountain Clean Air Action Moves to Eliminate Loophole

Moving to protect Colorado's air quality and people's health, Rocky Mountain Clean Air Action filed its statement in support of a proposal to eliminate the "upset conditions" loophole. The loophole has allowed polluters to violate air quality limits and standards for over 30 years, threatening communities throughout the state.

An upset is essentially a malfunction and the current loophole provides that in the event that a malfunction exceeds air quality standards, a company will not be held liable for these violations. The loophole begs an important question: If air quality standards are in place to protect human health, how can we possibly allow them to be violated, even in the event of a malfunction?

And this is the heart of the matter. Upsets, or malfunctions, should not occur in the first place. Good planning, proper operation and maintenance, and careful attention should prevent any malfunctions. This just makes sense. Sooner or later, equipment will breakdown, so why not anticipate this and make sure this never happens?

The current rulemaking effort is a direct response to a petition filed by Rocky Mountain Clean Air Action with the U.S. Environmental Protection Agency. Joining Rocky Mountain Clean Air Action in the effort to eliminate the upset conditions loophole is the Environmental Integrity Project, the St. Vrain Valley Communtiy Watchdogs, the Mothers Against Burning Tires, and Friends of the St. Vrain River Valley. A rulemaking hearing is slated for December 15, 2006, at which point the Colorado Air Quality Control Commission will adopt a rule that will eliminate the upset conditions loophole.