The Chamber filed for party status in the CDPHE Regulation 30 (new rule) Air Toxics Regulations noticed in October for a January rulemaking. The Air Division must set up to five priority air toxics and has chosen Acrolein, Benzene, Chromium Compounds (Hexavalent), Hydrogen Sulfide and Ethelyne Oxide. The Chamber has filed for also supported a joint motion by a Joint Industry Working Group (JIWG) to extend the deadlines on the Air Toxics regulations, extending the deadline to file prehearing statements to December 4. The Chamber’s prehearing statement on December 4 addressing five main issues;
- The Division did not prepare or provide an adequate Economic Impact Analysis as required by law;
- Provisions to account for control technologies are not clearly delineated by the Divisions in the choices of the priority TACs;
- The use of short-duration monitoring data to assess chronic health effects and the use of overestimated emissions reporting should be further refined in future regulatory proceedings as more data becomes available;
- The presence of contaminants and population do not translate directly to exposure and risk; and
- Any approach to air toxics should be accompanied by a reasoned and thoughtful public information and education campaign.
Special thank to all who helped review and provide comment. If you would like to participate in future discussion on air toxics, please email [email protected] to be included in that distribution list.