0

Regulate Air Toxics Act

Español

Overview

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

Key elements of the law include a required fenceline monitoring program at 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

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. 

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

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

The covered air toxics include:

  • Benzene.
  • Hydrogen cyanide.
  • Hydrogen sulfide.

The community monitoring program includes three ground-based community monitors called the Municipality-Tied Ground-based Observations of Air Toxics (MT GOAT) network. The MT GOAT monitoring stations operate within a 3 mile radius of covered facilities located in Commerce City, Henderson, and Pueblo. The Community air monitoring data is available online.

Proposed community monitoring locations

The list of proposed monitoring locations include:

  • Adams County Birch Street site.
    • Located at 7275 Birch St., Commerce City, CO 80022.
  • South Adams County Water and Sanitation District site.
    • Located at the corner of E 80th Ave. and Jasmine St., Commerce City, CO 80022.
  • Pueblo School District 60 site.
    • Located at Baca Elementary School, 2800 E 17th St., Pueblo, CO 81001 or Eastwood Heights Park, Pueblo, CO 81001.

The proposed list is open for public comment beginning April 1, 2025, for a 90-day period. Send your comments to cdphe.commentsapcd@state.co.us. Use the subject line: HB1189 Community Monitoring Site Comment.

Real-time fenceline air monitoring data

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:

Key milestones

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

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, Sept.28, 2021 meeting: 6-7:30 p.m.
  • Wednesday, March 9, 2022 meeting: 6 -8 p.m.
  • Saturday, March 12, 2022 meeting: 11 a.m.-1 p.m.