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Air Toxics Act

Overview

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On June 24, 2021 Colorado created the Air Toxics Act (House Bill 21-1189). The law focuses on public health protections in relation to the air toxics emissions. This law creates:

  • A new program in CDPHE to regulate toxic air contaminants at four covered facilities.
  • A community monitoring program, prioritizing disproportionately impacted communities, to better protect public health.

Key elements of the law include a required fenceline monitoring program at the following four covered facilities:

  • Suncor Refinery, Commerce City.
  • Phillips 66 Pipeline Denver Terminal, Commerce City.
  • Holly Energy Partners (Sinclair) Denver Products Terminal, Henderson.
  • Collins Aerospace (Goodrich Carbon Products), Pueblo.

These actions combined aim to:

  • Enhance real-time monitoring of air pollutants.
  • Provide public access to air monitoring data.
  • Protect the health of communities near facilities that emit higher levels of hazardous air pollutants.

Air toxics measured

The four covered facilities must each measure the following air toxics: 

  • Benzene.
  • Hydrogen cyanide.
  • Hydrogen sulfide.
     

Fenceline monitoring plans

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The fenceline monitoring program will include a public emergency notification system. All data will be available to the public in English and Spanish.

 

Final fenceline monitoring plans

Below are finalized fenceline monitoring plans for covered facilities. 

Draft fenceline monitoring plans

Below are draft fenceline monitoring plans for covered facilities. Public comment closed in 2023. 

These fenceline monitoring plans will be finalized in 2024.

Emergency notifications

The four covered facilities must:

  • Notify communities  when incidents occur where air pollution emissions exceed allowable levels. 
  • Notify communities in English and Spanish (or other commonly spoken languages in the area). 
  • Provide emergency notifications to communities as soon as possible. 
     

Community monitoring

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The community monitoring program includes a state-of-the-art mobile monitoring van called the Colorado Air Toxics (CAT). CDPHE operates this mobile laboratory. The mobile lab will measure covered air toxics in communities within a three-mile radius of the covered facilities. 

The covered air toxics include: 

  • Benzene.
  • Hydrogen cyanide.
  • Hydrogen sulfide.

Several ground-based monitoring sites within a 3-mile radius of the covered facilities will also expand the program's monitoring capabilities. These sites will provide more information about air quality in surrounding communities. 

Fenceline monitoring data

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Each covered facility maintains its own website providing real-time fenceline air monitoring data.

Please note: These are non-government websites. CDPHE cannot validate the accuracy of information shown at any given time. If you have questions about a facility’s fenceline monitoring data, please contact the facility directly.

The live websites include:

The websites that are coming soon include:

  • Phillips 66 Pipeline Denver Terminal, Commerce City.
  • Holly Energy Partners (Sinclair) Pipeline Denver Terminal, Henderson.
  • Collins Aerospace (Goodrich Carbon Products), Pueblo.

Key milestones

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July 1, 2024

  • Phillips 66 Pipeline Denver Terminal, Sinclair Pipeline Terminal, and Collins Aerospace (Goodrich Carbon Products) must start fenceline monitoring

January 1, 2023

  • Suncor Refinery must start fenceline monitoring
  • Community monitoring starts for all covered facilities

Past public participation opportunities

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Below are past public participation opportunities. The Air Pollution Control Division hosted public meetings and a public comment period for each draft fenceline monitoring plan.

 

Collins Aerospace (Goodrich Carbon Products)
Holly Energy Partners’ (Sinclair)
Phillips 66 Pipeline Denver Terminal
Suncor Refinery
  • Tuesday, September 28, 2021 meeting: 6-7:30 pm
  • Wednesday, March 9, 2022 meeting: 6 -8 pm
  • Saturday, March 12, 2022 meeting: 11 am-1 pm

Stay connected

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Stay informed on public engagement opportunities! Subscribe to receive email updates from the Air Pollution Control Division.

Questions? Email cdphe.commentsapcd@state.co.us