Date: May 14, 2026
To: Air Quality Control Commission
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive
South Denver, CO 80246
Via email to [email protected]
cc: Michael Ogletree, Stefanie Shoup
Re: Regulation Number 3, Stationary Source Permitting and Air Pollutant Emission Notice Requirements; Regulation Number 7, Control of Emissions from Oil and Gas Emissions Operations
Dear Commission Chair Jon Slutsky and Members of the Air Quality Control Commission:
We, the undersigned organizations, who have long worked to protect the health of frontline communities and our climate, write in strong support of the Air Pollution Control Division’s (“the Division”) proposal to increase APEN filing, application processing, and annual emissions fees to address the Division’s current underfunding. Current fees do not cover the enhanced and expanded responsibilities of the Division.
The duty of the Division is to protect the health and well-being of Coloradans by enforcing air pollution laws and improving air quality. Colorado law requires that the Division improve air quality and meet state and federal climate, environmental justice, air toxics, and other regulatory obligations. To fulfill this mission, the Division must be adequately funded to maintain the effectiveness of critical air programs and services such as emissions modeling and inspections.
While the Division is authorized to fund programs and services through a combination of fee increases and General Fund contribution, access to General Fund resources are now extremely limited. The General Assembly and the Joint Budget Committee have communicated that no additional General Fund revenue will be allocated to support the Division’s programs. The Division’s proposed fee increases are modest and cover only what is necessary for the Division to stay solvent without a negative balance at the end of fiscal year 2027. According to the Division’s budget analysis, the margin is “razor thin.”
Further, companies who benefit most from the Division’s services—such as the review and approval of APENs, permits, and applications—should bear the reasonable cost of its implementation. APEN, permit, and application fees allow companies to do business and make profits, even as they generate the very pollution that necessitates regulatory oversight. These companies should bear the fair cost of reducing emissions through a fully functioning Division, instead of the burden being shifted onto taxpayers, who already contend with elevated health and safety risks due to this pollution.
Coloradans living near emissions sources, including oil and gas facilities, are frequently exposed to odors and toxic chemicals that contribute to asthma, headaches, respiratory problems, and long-term health impacts. When accounting for the many associated medical costs, communities already pay the price for the negative externalities of pollution. The costs associated with controlling pollution should be borne by the entities responsible—not the general public.
As an example, the Denver Metro/North Front Range region is in severe ozone nonattainment according to the US EPA’s National Ambient Air Quality Standards, which establishes a baseline for public health protection. The Division must rapidly reduce ozone precursors from emitting sources in order to comply with the EPA’s guidelines, which requires that the Division have sufficient funds to continue monitoring and inspecting emitting sources and sites, as well as enforcing standards.
As ozone, smog, and overall air quality have worsened, and climate impacts have intensified, public awareness and concern are at an all-time high. Ensuring residents have access to regulators and the rulemaking process is the only way to build the public’s confidence in the Division’s ability to protect their best interests.
We are encouraged to see the Division expand its community engagement efforts, but there is still much to do to reach full transparency and accountability. We would like the Division to continue strengthening its outreach efforts and create some permanence around translation/interpretation services as well as digital access to records, but these improvements cannot happen without funding.
Coloradans must be able to trust and have access to this democratic process. Our voices need to be heard so that we can make the best decisions to protect our families and communities from the hazards of air pollution.
We respectfully urge the Commission to adopt fee increases sufficient to address the current underfunding and to ensure the Division has the resources necessary to support its enhanced and expanded work. For the benefit of everyone.
Thank you for your time and attention.
Sincerely,
Laurie Anderson
Colorado Field Organizer, Moms Clean Air Force
Emily Hornback
Executive Director, Western Colorado Alliance
Heidi Leathwood
Climate Policy Analyst, 350 Colorado
Christo Luna
State Director, Mi Familia en Acción Colorado
Alexandra Schluntz
Senior Attorney, Earthjustice
Mark Pearson
Executive Director, San Juan Citizens Alliance
Lois Vanderkooi
Co-chair, Broomfield Health and Safety First
Leslie Robinson
Chair, Grand Valley Citizens Alliance, Rifle area
Natasha Leger
Executive Director, Citizens for a Healthy Community
Liane Jollon
Executive Director, Western Leaders Network
Garrett Royer
Political Director, Colorado Sierra Club
Sara Carpenter, MD, MSPH
Executive Director, Healthy Air and Water Colorado
Caitt Maeve
Executive Director, Colorado Rising for Communities
Christiaan van Woudenberg
Editor-in-Chief, Erie Protectors
Ed Behan
Convener, Larimer Alliance for Health, Safety, and the Environment
Harmony Cummings
Executive Director, The Green House Connection Center
Lauren Swain
Program Director, Physicians for Social Responsibility Colorado