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Denver air pollution

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Denver air pollution
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Waesche, Kathy
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Denver, CO
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University of Colorado Denver
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English

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Auraria Library
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Copyright Kathy Waesche. Permission granted to University of Colorado Denver to digitize and display this item for non-profit research and educational purposes. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder.

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DENVER AIR POLLUTION
Kathy Waesche Spring 1981


INDEX - DENVER AIR POLLUTION
Introduction ............................................... i
I. The Problem ........................................... 1
A. Natural Phenomena ..................................... 1
1. Phenomena promoting pollution episodes .......... 1
2. Phenomena acting against pollution
episodes ........................................ 4
3. Interface with man-made systems ................. 4
B. The Pollutants ........................................ 6
1. General ......................................... 6
2. "Legitimate" .................................... 6
C. The Sources ........................................... 9
1. Natural ......................................... 9
2. Man-Made ....................................... 10
D. Health Effects ....................................... 12
1. Problems encountered .............................. 12
E. Other Effects ........................................ 17
F. Cost ................................................. 19
Summary .............................................. 20
II. Denver's Present Responses to the Air Pollution
Problem ............................................... 21
A. History .............................................. 21
B. Policy ............................................... 26
1. Goals .......................................... 26
2. Actions ........................................ 31
a. Legislative ............................... 32
i. Federal .............................. 32
ii. State ................................ 34
iii. Local ................................ 35
b. Administrative ............................ 35
i. stationary source control ............ 37
ii. particulate control .................. 38
iii. land use strategies ................. 39
iv. VMT reduction ........................ 39
v. direct auto emission ................. 41
C . Support . . . ........................................ 44
1. Financing ...................................... 44
2. Personnel ...................................... 45
3. Research ....................................... 46
D. Overlapping Policies ................................. 48
1. Supporting Policies ............................ 48
2. Conflicting Policies ........................... 50
E. Feedback ............................................. 52
1. Formal ......................................... 53
a. Studies and Recommendations ............... 53
b. Judicial .................................. 57
2. Informal ....................................... 58
Summary .......................................... 6 2


III. Evaluation .............................................. 64
A. Formal............................................... 66
1. Federal level activities ....................... 66
2. State ........................................ 69
3. Local .......................................... 75
4. Summary ........................................ 75
B. Informal ............................................ 80
1. Weaknesses ..................................... 81
2. Consistency with goals ......................... 83
Summary .............................................. 86
IV. Recommendations ........................................... 88
Bibliography
List of persons contacted
I


INTRODUCTION
The Problem
Due to a unique combination of natural phenomena, including high altitude and close proximity to the mountains, Denver is highly susceptible to air pollution episodes. As the motor vehicle is the primary cause of the problem, these episodes are exacerbated by our driving habits, our dirty cars and the fact that cars pollute much more at this altitude. A thread common throughout is the importance of public opinion in terms of how we got to where we are today, our responses to the problem, and the proposed solution to the problem.
Purpose
The purpose of this study is to survey the Denver air pollution problem by examining the nature of that problem, i.e. the contributing factors, the planning process to correct the problem and by evaluating the consistency of the planning process with the nature of the problem. Denver air pollution was chosen because I have a personal interest in the problem and because my emphasis throughout the program has been on environmental planning. This issue provided an ideal opportunity to gain an understanding of the problem and the process because local government, DRCOG, is the mandated agency for developing a plan to solve the


problem. I wanted to better understand the planner's role in solving the problem.
Scope
The area studied is specifically the Denver metro area. Federal, state and local activities are discussed as they relate to Denver. Because the sudy is intended as a survey of the issues, it will cover a number of bases lightly and not attempt great depth.
Limits -i-
The constraints of time and money involved on the student research level versus the professional level are limiting factors. Neither am I an expert in the area. The study thus represents a planning generalist's attempt to deal with and understand numerous very complex technical air quality issues. As there are a great many complex issues involved and the study is intended as a survey, extensive analysis is limited.
Methods
The methodology employed is first descriptive and secondly evaluative in terms of the effectiveness of the actions being taken on behalf of the problem. The evaluation will use the policy documents own criteria as a tool in evaluating, i.e. the goals and actions of government


and the status of these goals and actions.
Data
An overwhelming mass of data has been generated on this subject. Data gathering involved basic library research, document review and interviews with government officials, business officials and private citizens. Data was then selectively scrutinized for use in this paper. Included are technical reports, reports for use by government officials, reports for the lay public. It includes various studies and recommendations, notes from interviews with experts and newspaper accounts.
Organization
Organization is into three basic parts, the first two descriptive and the third evaluative. The first describes the problem and the second the resultant policies. The third part evaluates the policies. This part consists of a formal evaluation and an informal evaluation which discusses strengths and weaknesses of the system.
Conclusion
The primary conclusion is that our actions are misdirected. The most effective strategy for cleaning up the air is one aimed at direct auto emission reductions. Political constraints intefere with such a simple solution
-in-


to the problem, thus our energies are aimed at solving the problem through a cumulative approach, with four other types of strategies being important to us. These four strategies include VMT (vehicle miles travelled) reduction or transportation controls, land use controls, stationary source controls and particulate controles. Because these other four strategies, particularly VMT reduction strategies and land use strategies, are proportionally less effective than direct emission controls, we really are not putting too much emphasis in these areas either.
We obviously should be putting more emphasis into cleaning up the cars. However this strategy is really outside the planner's direct authority other than in terms of making recommendations. If planners are to make a contribution, then, we should try to do as much as we can so that the cumulative effect of all the strategies will lead to good air quality. The types of strategies planners can directly influence include transportation strategies, growth control strategies and public education. Recommendations are made in there areas.
-IV-


DENVER AIR POLLUTION
I. THE PROBLEM
Denver's brown cloud serves as constant reminder
that we have an air pollution problem. In fact, Denver
ranks among the top six offending cities in the nation in
1
terms of air pollution. This part will focus specifically on the nature of our problem, i.e. contributing natural phenomena, the pollutants, the sources, health and other effects, and costs.
A. Natural Phenomena
1. Phenomena Promoting Pollution Episodes
Meteorological conditions play an important part in cleansing the air or trapping pollutants within the city. Denver has some unique meteorological conditions contributing to its problem. The incidence and intensity of air pollution are dependent upon wind speed, temperature distribution with height and local topographic features. Winds and temperature distribution with height are greatly influenced by local topography, in Denver's case, proximity to the mountains. Another unique feature which makes Denver particularly susceptible to pollution episodes is its high
1
Council on Environmental Quality, Environmental Quality 1979, U.S. Gov't Printing Office, Washington D.C., Dec. 1979
-1-


altitude. Due to the high altitude, Denver has one-fourth less atmospheric mass. Radiational cooling (i.e. the flow of heat from the warmer ground to the cooler atmosphere) at night is thus enhanced. Radiational cooling promotes cool air near the ground -- a prime ingredient of temperature inversion.
The close proximity to the mountains together with the high altitude create temperature inversions in Denver every day. A temperature inversion is an increase in temperature with height rather than a decrease as is normal. This negative lapse rate, as it is called, requires a certain warmer temperature to "break" the inversion. The particular temperature required follows adiabatic gas laws and is thus dependent upon barometric pressure and temperature. On some days the inversion breaks up readily, but on other days it remains, creating an episode. Temperature inversions, for example, are not as much of a problem in the summer because the radiational cooling is not as great and temperature inversions are easier to break. Meteorological conditions vary from year to year. Air pollution is related to these conditions.
One factor that compounds the temperature inversion is the Chinook wind. This is a warm wind originating in the mountains. It compounds temperature inversions by putting a "lid" on the inversion level, trapping pollution within the city. This lid likewise acts
-2-


as a floor to winds which could come through and clean the 2
city out.
Other natural phenomena contributing to Denver's
air problem include its location in the depression of the
South Platte River with elevation generally decreasing
towards the northeast. This topographic pattern gives rise
to a certain daily wind pattern. During the night and
morning, air drains down the Platte towards the northeast.
During the afternoon, the flow reverses and the air that
left the city earlier reenters the city going south. A
3
cumulative effect occurs here.
Denver's high altitude magnifies the problem in
yet another way. Automobiles, if not properly tuned for
this altitude, pollute much more.
The EPA has found that motor vehicles which demonstrate compliance with emission standards at low altitudes produce as much as 50 percent more exhaust hydrocarbons (HC) and nearly 100 percent more carbon monoxide (GO) when tested at 5,000 feet above sea level.
Additional compounding factors include the fact that the ratio of oxygen to the pollutants is lower here, thus we have not only less oxygen to breathe, but the high altitude, with less atmosphere to filter ultraviolet light,
2
Interview with Don Barbaric, Meteorologist, Air Pollution Control Division, Colorado Department of Health, January 1981
3
Riehl, Herbert and Herkhof, Dirk, "Weather Factors in Denver Air Pollution," Aug. 1970
4
Fed. Reg., Vol. 45, No. 197 Wed. Oct. 8, 1980.
-3-


and thus more photochemical activity, means more ozone.
2. Phenomena Acting Against Pollution Episodes
It was noted that inversions tend to form every day. Several meteorological factors work against the formation of inversions:
1) Cloud cover reduces radiational cooling as not all of the warmth released from the earth during the evening escapes to the atmosphere, some of it bounces off the clouds and is directed back toward the earth;
2) North wind with colder air will blow the pollution right out of the city;
3) low pressure to the east will pull the mass out;
4) Precipation also aids in cleansing the air, but this amount is thought to be negligible.^
3. Interface With Man-Made Systems
Thus far, I have discussed natural systems and natural phenomena. Man-made systems likewise interact with natural phenomena to influence air pollution both positively and negatively. I will briefly mention some of the factors involved.
Concrete makes the city a vast storehouse of heat when compared with surrounding rural areas due to differing heat capacities of building materials and vegetation. A heat island effect results in the city. The heat island 5
Interview of Don Barbaric, Meteorologist, Air Pollution Control Division, Colorado Department of Health, January 1981
-4-


effect is compounded by combustion processes going on in the city. The radiational cooling mentioned above which contributes to temperature inversions is thereby enhanced. Such radiational cooling is also enhanced by efficient systems for removal of rainwater as evaporative cooling is prevented. This likewise enhances radiational cooling.
Skyscrapers and other tall buildings can act as a block to the wind which would otherwise allow the pollution to be blown out of the city.
The pollution likewise has its impact. In
general, sunshine is 15% less than normal over cities. This
is because the pollutants scatter and absorb solar
radiation. Precipitation is higher over cities and fogs are
more frequent. This is because pollutants add either ice
nuclei or cloud condensation nuclei which alter the
6
precipability of clouds.
Development patterns affect man's activities and levels of energy consumption. Haphazard development patterns and urban sprawl thus aggravate the air pollution problem. Not all of man's development patterns need be negative with regard to air pollution. Open space and vegetation can decrease the urban temperatures and thus ameliorate the radiational cooling going on at night. Open space and vegetation can also absorb pollutants by acting as
5
Weisberg, Joseph S., Meteorology; The Earth and its Weather, New Jersey, 1976
-5-


sinks. "Proper" development patterns can reduce energy consumption, thus reducing incomplete combustion processes and the resultant air pollution. And what about the location of major highways with respect to wind currents? A properly located highway could make a big difference in pollution levels in the city.
B. The Pollutants 1. General
The chemical environment includes both man-made and natural sources of contamination. A certain level of "contamination" is naturally present and is referred to as background. A problem develops when the environment is saturated with substances burdening the ecosystem and interrupting the web of interactions upon which all life depends. There are thousands of substances, organic and inorganic which are known to be toxic to man and the environment at high levels of exposure.
2. "Legitimate" - The Standards
Of these thousands of substances, some concern us more than others -- some for their impact on human health, and others for their impact on global climate. Certain airborne contaminants have been given legitimacy by the federal government and help put parameters on the problem. Primary federal standards have been set for the following
-6-


pollutants: carbon monoxide (CO), ozone (O3), nitrogen
dioxide (NO2, N0X), sulphur dioxide (SO2), particulates, and lead (Pb) (1978 addition). Carbon dioxide (CO2) likewise concerns us, though no standard has been set for this pollutant. Of the standards set by the federal government, Denver is frequently in violation of CO, N0X, particulates and O3. SO2 is generally not a problem here.
Denver uses the pollutant standards index (PSI) to monitor various pollutants. The table below reflects the standards and the PSI.
PSI Air TSP SO, CO °3 NO?
Index Quality (24-hr) (244hr) (3-hr) (1“hr) (1-hr)
Value Level q/m3 g/m3 g/m3 g/m-3
500 Significant harm 1000 2620 57.5 1200 3750
400 Emergency 875 2100 46.0 1000 3000
300 Warning 625 1600 34.0 800 2260
200 Alert 375 800 17.0 400 1130
100 NAAQS 260 365 10.0 240
50 75 80 5.0 120
0 0 0 0 o'
The actual standard for CO is 9 ppm averaged over
an 8-hour period, for O3 - .12 ppm, averaged over a 1-hour period, and for particulates - 260 micrograms per cubic meter for 24 hours.
7
Council on Environmental Quality, Environmental Quality 1979, U.S. Govt. Printing Office, Washington, D.C. 1979, pp. 20-21
-7-


From November 1973 to Denver 1979, there were 13
alerts, lasting a minimum of 5 hours to a maximum of 31-1/2 8
hours.
Other pollutants such as asbetstos, beryllium and mercury are recognized as a health hazard but no ambient standards have been set for these pollutants. The EPA must set emission standards that incorporate an ample margin of safety to protect the public health.
Both CO and CO2 result from the oxidation of organic fuels. CO and CO2 together constitue the largest volume of any chemical compound emitted by human activities.
O3 is formed from a combination of hydrocarbons and N0X in presence of sunlight. Hydrocarbons result from incompletely burned fuels.
N0X are formed when nitrogen combines with oxygen at high temperatures. Increase in N0X is a by-product of certain emission controls aimed at hydrocarbon and CO reduction.
Particulates include a number of suspended particles in the air -- dirt, soot and dust among them.
They result from human activities in areas of construction, street sanding, wood-burning, and the burning of diesel fuel.
8
Colorado Department of Health, Report to the Public 1980, Vol. 1
-8-


Lead is emitted by vehicles burning leaded fuel and certain stationary sources.
Certain patterns of pollution are evident in Denver. First, we have a diurnal problem which reflects the rush hour. Second, we have seasonal and locational differentials. Carbon monoxide — the least visible and the worst area pollutant -- is primarily a winter phenomenon.
It tends to be worse in the downtown area due to increased combustion activities. Ozone, on the other hand is primarily a summer phenomenon, caused by intense sunlight reacting with hydrocarbons produced by the automobile. It is more of a problem in the suburbs. The ingredients for an ozone problem are heat and sunlight, N0X and hydrocarbons.
If ozone stays in the inter-city, other pollutants will have a scavaging effect on it and it will tend to dispurse. On the other hand, if the cloud drifts out to the suburbs at a slow rate of speed, it will grow.
C. The Sources
1. Natural
Not all pollution is man-made. Natural events take place which impact the air. The natural decaying of organic matter, for example, releases certain substances into the air. A forest fire in the foothills can affect Denver's air negatively. The eruption of Mt. St. Helens is a recent example of a natural event which impacted our air.
-9-


The effects of natural occurrences is not the real problem, however. The real problem results from human activities.
2. Man-Made
Sources of man-made air pollution are both mobile
and stationary. Examples of mobile sources include spraying
from pesticides for agricultural processes, residue from
coal trains passing through, and the internal combustion
engine. The major perpetrator of the air pollution crime is
the automobile. It is responsible for:
93% of current CO emissions;
35% of the HC emissions (precursor of O^);
75% of the particulates; and 37% of N0X emmissions.
Stationary sources include industrial processes,
solid waste disposal, fuel combustion and electrical power
generating stations which are primary sources of N0X (50%)
and particulates (11%); space heating for N0X (10%) and
9
construction activity for particulates (13%)
The automobile does not always have to be mobile to cause a problem. We have three phenomena occurring in this regard. First, we have a cold start. This is when the automobile is started after having not been run for several hours. The carburetor in this instance "does not effectively vaporize the gasoline before it is injected into
9
"Summary of the Plans Prepared by Local Government for Inclusion into the Colorado State Implementation Plan",
Oct. 5, 1978
-10-


the combusion cylinders." Exhaust emissions are greatly increased.
Second, we have a hot soak which occurs after the automobile is turned off. The gasoline remaining in and around the carburator which would have been burned is vaporized by the engine heat.
The third area is referred to as diurnal breathing loss. All automobiles are equipped with a breather valve which relieves excess gasoline vapor pressure within the tank. An analysis of auto emissions in the Pittsburgh area concluded that cold starts cause:
24% of GO emissions, and
14% of trip-related hydrocarbon emissions;
hot soaks cause:
26% of trip-related hydrocarbon emissions. We thus get 40% of trip-related hydrocarbon emissions being independent of trip length and speeds. This means that:
10
Denver Regional Council of Government, "The Relationship Between Air Quality and Urban Development Patters,"
1977, pp. 16-17)
11-


76% of CO emissions and 55% of CH emissions
11
occur during actual running.
D. Health Effects
1. Problems Encountered
A study done by the Council on Environmental
Quality (CEQ) ranked Denver in the unhealthful range 30% of 12
the time. This status is shared with only 5 other cities (Cleveland, Los Angeles, Louisville, New York and Riverside). "Persons with respiratory disease are advised to stay indoors today" is a common expression in the Denver area -- especially in winter. This warning is issued on days when pollution is "poor." In case of a severe episode, the governor can shut down the city. Air pollution standards are set with the public health in mind. Thus, there is an intuitive acceptance of the fact that air pollution is bad for health.
There is a relationship between air pollution and greater chest ailments in urban areas and increases in bronchitis, emphysema and lung cancer. I recently spoke with a physician on his return from a conference in India
11
Ibid, pp. 17-18.
12
Council on Environmental Quality, Environmental Quality 1979, U.S. Gov't Printing Office, Washington, D.C., 1979.
-12-


13
attended citizens from all over the world. The air there was so bad, he said, that people who had never had any indication of a tendency towards asthma were having asthma attacks. Indeed, the fact that pollution episodes such as the one occurring in Donora, Pennsylvania in 1948 and in London in 1952 have resulted in many deaths would seem to be evidence of a relationship between air pollution and ill health.
The literature on health effects, however, takes a conservative stance. Health effects are difficult to quantify. Many intangibles are involved. First, any epidemological study is compounded by our mobile society.
How is one to know whether the particular diseased state resulted from environmental contamination due to air pollution in Denver? Likewise, how is one to know whether the particular effect resulted from environmental contamination or even air pollution? Any number of factors, singularly or cumulatively, can cause symptoms. Age, sex, state of health, genetic predisposition, pre-existing disease, activity level and personal habits all play a part. Next, we have the problem of "subclinical effects" of individual pollutants. These are individual responses which don't particularly point to any disease, but which neverless
Dr. Stephen Kaufman, Denver, Colorado, January 1981
-13-


14
impact the population. Exposure time, concentration of pollution and individual suceptibility are also important.
Obviously, health effects is a difficult with which question to deal. At this time, the extent to which air pollution damages us is unknown. It is likely that air pollution is one of a myriad of stresses acting upon the body and weakening the body's defense systems. This is the concept of body burden.
Body burden is the amount of element or compound in the body at any time . . . The total body burden at any time is due to the sum of exposures from many sources such as hobbies, food, . . . and
the ambient and occupational environment. Total body burden is the sum of burdens for all the individual organs one or more of which may be considered as critical organs.
A critical body organ is that organ of the body which when damaged by a pollutant results in the greatest damage to the body. It is readily apparent that may factors must be considered in determining which affected organ will cause the body to suffer the greatest damage. The criteria of prime importance in determining which organ is critical are:
1) the organ that accumulates the greatest concentration of the pollutant;
2) the essentialness or indispensability of the organ to the well-being of the entire body;
3) the organ damaged by the route of entry of the material into the body.
14
Miller, Alvin L., "Body Burden" in Energy Utilization and Environmental Health
-14-


4) the sensivity of the orgaijig, that is, the organ damaged by the lowest dose."
When the stresses reach a certain saturation
point, then the body starts to react. Which particular body
system reacts first is dependent upon genetic background and
environmental factors. An important question to ask is what
proportion of the total body burden does air pollution
contribute, and for which people.
On the other hand, what can definitely be said is
that certain segments of the population are more suceptible
to the effects of air pollutants than others, i.e. those
16
with pulmonary disease and cardiovascular dysfunction.
These pre-existing diseases are aggravated by air pollution. Also, individual organs are affected by individual pollutants.
Below are examples of how individual pollutants affect specific body functions. CO, for example, is known to react with hemoglobin, creating carboxy hemoglobin, and thus circulates in the blood replacing oxygen. The body compensates by producing more red blood cells, but a problem results in that the blood gets thicker and the heart thus has to work harder to pump the blood. It increases the
15
Ibid, p. 47
16
Ibid
-15-


17
clotting tendency of blood and enhances edema formation.
Thus, those with a pre-existing heart disease are affected.
Denver's altutide, with low levels of oxygen, causes this
response in the human body anyway. CO compounds it.
Sulfur dioxide is known to be a respiratory
irritant. When S02 experienced in association with
particulates, it may be absorbed onto the surfaces of
respirable aerosols and carried into the lower respiratory
tract. There the droplets may be transformed into more
highly irritant substances such as sulfuric acid and
metallic sulfates. The health effects are increased
respiratory symptoms in patients with chronic bronchitis,
increased frequency of asthma attaks and multiple lung
18
function changes over long-term exposure.
The toxological action of particulate matter may occur in several ways: (1) the particles may be intrinsically toxic; (2) they may interfere with clearance mechanisms in the respiratory tract; and (3) the particles
19
may interact with, or act as a carrier of, toxic material.
Ozone is recognized as a broncho-pulmonary irritant that adversely affects lung tissue and parameters of lung function. When inhaled it initiates biochemical
17
Colorado Department of Health, Report to the Public 1980, Vol. II
18
Ibid, p. 27 19
Miller, Alvin L., "Body Burden," in Energy Utilization and Environmental Health, Richard A. Sadden, Ed., Wiley,
New York, 1978
-16-


20
changes in the blood.
NC>2 is a reddish-orange-brown gas. The health
effects are to increase airway resistance and increase
21
asthma attack rate.
Lead tends to affect children ages 1-5 and
pregnant women and their fetuses the most. It effects
impairment of hemesynthesis (heme being a component of
22
hemoglobin). It is cumulative in the human body.
E. Other Effects
Air pollution has other effects besides the
"obvious" health one. Visual pollution is becoming a
problem. The are a number of nice sunny days on which a
view of the mountains is impaired by haze. Odor pollution
is likewise a concommitant effect. Simply put, auto exhaust
stinks. Industrial processes cause various odors also.
These odors are unpleasant.
Materials are affected. Air pollution has
corrosive qualities which contribute to the deterioration of
cities. It eats away at stone and metal and discolors house
paints. Property values are also affected:
The empirical evidence from nearly all previous analyses of air pollution and property values suggested that there is a statistically
20
Ibid
21
Ibid
22
Ibid, p.32
-17-


. . . . . 9 "5
significant association. J
The ecosystem as a whole is affected. The atmosphere is being affected by man's activities. The burning of wood and fossil fuels increases the amount of carbon dioxide in the air. Short wave radiation from the sun can pass through the carbon dioxide. However, the heat that rises from the earth's surface cannot, thus much heat rising from the earth's surface does not escape to the atmosphere and we have a greenhouse effect.
Nitrous oxide is increasing in the atmosphere as a result of industrial processes. This may be weakening the ozone layer. This layer is vital to life on earth as it absorbs germicidal ultraviolet.
Another example of disruption of the ecosystem is a phenomenon that is receiving much attention recently — acid rain -- a sulphuric and nitric acid resulting from pollution falls from the atmosphere in acid rain. This erodes buildings, destroys crops and affects water quality. Fish populations are particularly affected. According to the EPA, "There is so much acid in some rains that they do not meet Environmental Protection Agency . . . water quality
23
Smith, V. Kery, The Economic Consequences of Air Pollution, Ballinger Pub. Co. 1976
-18-


24
criteria for acquatic life."
Plants are affected by sulphur and many die if exposure is long and continuous. This has implications for microclimates within the city and aesthetics. Certain forested regions in California now are dead from this exposure. Luckily in Denver, sulphur is not that much of a problem. However, the example is illustrative of what could happen. Not only are the plants affected, but also affected are the plants and other life dependent upon the plants.
And what about the recreation and tourist industries dependent upon the forested areas?
F. Cost
The cost of air pollution to society in terms of health is as difficult to quantify as the health effects, but such costs include individual payment for health care and resultant health care programs, loss of individual productivity, and loss of time from work. It is anybody's guess what other impacts there are resulting from subclinical effects and body burden.
What about all the advertising of Denver's pollution problem? Does this prevent tourists from coming to Denver thus affecting the economy dependent upon tourists? And what about the cost of implementing air
24
"Acid Rain", EPA-600/9-79-036, July 1980.
-19-


pollution control measures?
The Environmental Protection Agency estimates the dollar costs of air pollution to vegetation, materials, property, and health — at $16 billion per year, or about $80 for each person in the U.S.
Of this total, the costs of human illness and death arerestiraated in the neighborhood of $6 billion.
SUMMARY
Air pollution is a problem for health and other reasons. We are experiencing frequent violations of federal health standards for CO, N0X, particulates and 03. Reasons for standard violations include natural and man-made phenomena. Natural phenomena include Denver's high altitude and location with respect to the mountains. These two factors cause temperature inversions in Denver every day.
On some days these inversions break up readily. On other days the inversions do not break up and pollutants build up, leading to pollution episodes. The primary man-made factor is the automobile. Its emissions are responsible for a majority of the the problem. The driving habits of the Denver residents and the fact that automobiles pollute much more at this altitude are also contibuting factors.
This chapter has been a description of the problem. The next chapter will be a description of the policies that have developed in response to the problem.
25
Conservation Foundation,
"A Citizen's Guide to Clean Air"
-20-


II. DENVER'S PRESENT RESPONSES TO THE AIR POLLUTION PROBLEM
A. History
Before addressing the present situation, an
historical perspective is necessary to provide a context for
understanding how we got to where we are today. Public
opinions and attitudes of the era are important in shaping
policy. Past policies were responsive to past attitudes.
The historical perspective must therefore incorporate the
attitudinal framework of the time.
Very briefly, in the past, resources were
considered plentiful and environmental pollution was not so
overwhelming as it is today. For these and other reasons,
society was able to develop around the private automobile.
Both our development patterns, i.e. suburbs and our habits,
i.e. drive-in facilities, reflect this. Our marriage to the
automobile is thus deep rooted.
Prior to the time of air pollution legislation,
air, water and land were conceived of as sinks into which
26
people could infinitely dump wastes. One had a right to do as he pleased with his wastes. Complaints about pollution were often dismissed in the name of progress. This type of thinking has existed up until recent times, with
26
Wenner, Lettie McSpadden, Pacific Palisades, Ca, 1976
One Environment Under Law,
-21-


attitudes changing only in the last two decades when the
cumulative effect of many interacting forces produced Earth
day and the concept of Spaceship Earth. There were, of
course, some early farsighted thinkers, who lay the
groundwork for the environmental movement. In 1872,
27
Yellowstone became the first National Park. Subsequently millions of acres were added to the National Forest System. Such thinking was the exception rather than the rule.
Court was the arena for one who felt damaged by another's pollution. A person could seek compensation for a personal injury, but the burden of proof was on the
plaintiff. This process was expensive and not generally
... ,28
justified.
A plaintiff could apply for a court order
enjoining defendants to change behavior. Again, early court
decisions generally considered pollution a necessary evil
for the public good. Some degrees of pollution were
tolerated, others were not. Pollution was controlled when
29
it posed a health threat.
Initially, local officials were concerned with such issues as open burning, smoke emission, etc. This
27
Council on Environmental Quality, Environmental Quality 1979, U.S. Gov't Printing Office, Washington, D.C., 1979
28
Wenner, Lettie McSpadden, One Environment Under Law, Pacific Palisades, Ca. 1976
29
Ibid
-22-


early response considered pollution a nuisance. Early
statutes and ordinances were vague, thus subject to
arbitrary and capracious interpretations by the courts, and
30
essentially non-enforceable.
The evolution of current federal legislation began
in 1955 when the first federal law dealing with air
pollution was enacted. That law established the basic
framework for the future development of air pollution
control legislation when it it stated:
The Congress finds . . . that the prevention and control of air pollution at its source is the primary responsibili^Y °f states and local governments.
The primary concern of this law, however, was research into
the nature and extent of the air pollution problem. In
1963, federal legislation was enacted which authorized
grants to state and local agencies to assist them in their
control strategies. The federal government was also given
32
some authority for interstate pollution problems.
In 1965, auto emission standards were set by the U.S. Congress. In 1967, the Air Quality Act strengthened the 1963 Act. Citizens were given a statutory right to participate in the control process through public hearings.
30
31
32
Ibid
Conservation
Ibid
Foundation,
"Citizen's Guide to Clean Air"
-23-


In 1970, air pollution control received a major
boost through the Clean Air Amendments (known as the Federal
Clean Air Act of 1970) which established air quality control
regions based on climate, meteorology, topography,
urbanization and other factors. It also established
National Ambient Air Quality Standards with which the states
had to comply. Such standards were primary and secondary —
primary standards being designed to protect the public
health and secondary standards being designed to protect the
public welfare. States were required to develop
implementation plans showing how they would meet, maintain
and enforce the federal standards. If a state did not make
a reasonable effort to meet the standards, or failed to
submit a satisfactory plan, the EPA would develop an
implementation plan for the state, which the state then had
to carry out. The Act also called for standards of
performance to be developed by the EPA. These standards of
performance constitute the maximum permissible emission
33
levels for given pollutants at their source.
There were major problems with this legislation, however. The 1970 legislation took the approach that had been taken in regards to stationary sources, i.e. the proprietor was held responsible. With mobile sources, that proprietor became, indirectly, some entity of government.
33
Clean Air Act of 1970
-24-


Technically, a governor could end up in jail. This
legislation angered many politicians and many suits (234)
34
were fried regarding it.
Early Colorado legislation, the Colorado Air
Pollution Control Act of 1966, amended in 1967, provided for
ambient air quality standards for the state and emission
standards in designated basins. It also permitted local
authorities to enact laws consistent with or more
restrictive than the state act.
As these laws were evolving, sociologically events
were occurring which would lead to an environmental
movement. Very briefly, such events included the civil
rights movement and a questioning of society's values in the
60's. The advent of Earth days in the 1970's and the
35
simultaneous opposition to the Vietnam War. All these were "causes." With the end of the war, the need for a cause was still there. The environmental movement was a prime candidate.
These past actions and the trends of the time resulting in an increased awareness of environmental problems provide the foundation for current policy.
Interview with John Philbrook, former Chief Air Programs Branch, EPA, Region VIII, Denver, Colorado, Jan. 1981
35
Council on Environmental Qualtiy, Environmental Quality 1979, U.S. Gov't Printing Office, Washington, D.C. 1979
-25-


B.
Policy (The Current Situation)
Policy is a nebulous and intangible area, being
the cumulative effect of many different interacting factors.
It is a process continuing in nature and constantly being
shaped and dependent upon continual feedback to reveal its
strengths and weaknesses. Policy has very definite stages
including formulation, adoption, implementation and 36
feedback. Policy includes the goals, actions and inactions of government. Policies may support or conflict each other. This section will describe existing policy, i.e. the goals and actions of government and the feedback received on those goals and actions.
1. Goals
Policy was defined earlier as including the goals
of government. Examination of various documents reflects
the goals in regards to air pollution, goals being important
in establishing direction and support for the action we
take. Examples of general policy statements or goals are
found in both legislative and administrative documents.
Federal legislative goals are:
1. Protection and enhancement of the Nation's air resources so as to promote the public health and welfare and the productive capacity of
Anderson, James E., Public Policy Making, New York, 1976
-26-


its population;
2. initiation and development of a national research and development program to achieve prevention and control of air pollution;
3. provision of technical and financial assistance to state and local governments in connection with the development and execution of their air pollution prevention and control programs; and
4. encouraging and assisting the development and opera^on of regional air pollution control programs.
The legislative declaration of the Colorado Air Quality Control Act states as follows:
. . . it is declared to be the policy
of this state to achieve the maximum practical degree of air purity in every portion of the state, to attain and maintain the national ambient air quality standards, and to prevent the significant deterioration of air quality in those portions of the state where the air quality is better than the national ambient air quality standards. . . .
C.R.S. 1973, §25-7-102, as amended 1979.
Local Ordinance 531, Series of 1971, §710.1-1
states:
This ordinance is enacted to protect, preserve, and promote the health, safety, and welfare of the citizens of the City and County of Denver through the reduction, prevention and control of air pollution. It is the intent of this ordinance to establish and provide for the enforcement of air quality standards which will assure that ambient air be adequatley pure and free from smoke, contamination, pollutants or
37
Clean Air Act,
as amended 1977.
-27-


synergistic agents injurious to humans, plant life, animal life, or property, or which interfere with the comfortable enjoyment of life or property or the conduct of business.
Various administrative documents also make general goal statements. The following are examples:
The "Colorado Air Quality Control Regulations and Ambient Air Quality Standards" states that its intent and purposes are:
1. To achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, prevent unreasonable interference with the public welfare, preserve visability and protect scenic, aesthetic and historic values of Colorado,
2. To require the use of all available practical methods to reduce, prevent, and control air pollution for the protection of the health, safety, and general welfare of the people of the State of Colorado. In order to achieve air purity consistent with this intent it is necessary, ultimately to control air contaminant emissions to such a degree of opacity so tha the emissions are no longer visible,
3. To prevent significant degration of Colorado's air resource,
4. To prevent odors and other air pollution problems which interfere with the comfortable enjoyment of life, and
5. To apply the major resoures of the Colorado air pollution control programs toward solving priority air pollution problem.
The Commission recognizes that the growth in the amount and complexity of air pollution in Colorado is brought about by and indicent to population growth, mobility, increased affluence, industrial development and changing social values in said State. The Commission believes that the air pollution problem is likely to be aggravated and
-2b-


compounded by additional population growth, mobility, affluence, industrial development, and changing social values in the future, which are likely to result in serious potential danger to the public and the environment. Therefore, the Commission intends to pursue solutions, in conjunction with other appropriate agencies and interests which have a direct interest and capability in solving a growing air pollution problem in relation to the broader environmental degradation problem. It is the intent of the Commission to coordinate with industrial, commercial, agricultural and transportation planning organizations, the public, the legislature, educational organizations, and other major interest in such^g manner as to prevent air pollution in Colorado.
The "Denver Regional Element of the State Implementation Plan" lists the following guidelines at page 3.
1. Emphasize the implementation of reasonable, technological changes to bring improvement in air quality from both automative and stationary sources.
2. Emphasize volunteer actions to reduct VMT and clean up automobile emissions by such things as incentives for car/vanpooling, mass transit, walking, bicycles, etc.
3. Minimize life-style changes and disruptions as much as possible and, where these measures appear necessary, attempt to obtain the best data possible and critically analyze this data as to the costs and benefits of these life-style changes on air quality and on people's health, safety, and welfare.
4. Regardless of the strategies chosen, attempt, so far as possible to make the strategies fairly and equitably applicable to citizens throughout the Metropolitan Denver area.
38
Colorado Department of Health, "Colorado Air Quality Regulations and Ambient Air Quality Standards"
-29-


Documents other than specific air pollution documents reiterate our concern about air contamination. "A Comprehensive Plan for Denver" states:
The City should select, locate and
design transportation facilities which
minimize or reduce pollution. . . , (p.
43)
The "Denver Regional Growth and Development Plan"
at page 61 recommends as follows:
Air pollution in the Denver Region must be reduced in order to achieve national, state and regional air quality objectives including attainment of national ambient air quality standards, which protect the public health and improve the region's aesthetic character.
The "Assessment of the Year 2000 Restated
Transportation Plan" by DRCOG states:
In order to develop an acceptable Transportation Plan, the contribution of vehicle emissions to regionwide air pollution should be minimized so as to assist in the maintenance of mandatory ambient air quality standards. p. 61.
A goal of the Regional Transportation District is to double transit ridership for the five-year period ending 12/31/82.
"Energy Couscious Planning" by the Office of Energy Conservation states at page 7 in regards to energy policies:
Local and state actions should be implemented which will: support the desirable air . . . quality goals established by the SIP . . .
-30-


These goals reflect knowledge that a problem exists and that it does not exist alone, and that something must be done about it. The thread common to many of them (other than the traditional health and welfare language) is the attainment of national standards.
2. Actions
Actions are also within the scope of the definition of policy, and are to be responsive to the goals discussed above. Various actors share the air pollution arena in Denver, shaping the policy. Such actors include lawmakers, i.e. the Governor, Congress-persons and senators, and state and local legislators; those with statutory authority such as federal government officials, i.e. the Environmental Protection Agency (EPA), State government officials, including the Air Quality Control Commission (APCC), the Air Quality Hearings Board, and the Air Pollution Control Division of the Colorado Department of Health (APCD) (enforcement) in addition to the State Highway Department; and local officials, Denver Department of Health and Hospitals, Air Pollution Control, which agency enforces the local ordinance and contracts with the APCD to enforce State regulations. The Denver Regional Council of Governments (DRCOG), who was responsible for developing the Denver Regional Element of the State Implementation Plan, the Regional Transportation District, and the Front Range
-31-


Project Natural Resources Task Force, are other local agencies involved in the area. There are other contributors to policy besides government entities. Interested citizens, various coalitions, environmental groups, business interests, industry (particularly the auto industry), politicians, and the courts likewise make a contribution.
The above list consists mainly of legislative and administrative actors, with the legislative providing the guidelines and support for the administrative.
a. Legislative
i. Federal
The action which has had the major ramifications and upon which other actions depend is the federal legislation, i.e. the Clean Air Act. This legislation provides guidelines for administrative personnel. Current legislation, i.e. the 1977 amendments to the Clean Air Act took a different approach from previous legislation.
First, the idea of holding elected officials responsible for the problem was abandoned. Instead, a funding approach was taken. In this manner, the SIP had to right existing wrongs or federal funds would not be granted for construction of new roads and sewage treatment plants. Secondly, much control was previously vested at the state level. States, however, don't have much authority particulary with so many home rule cities. The Act was amended to vest planning
-32-


decisions at the local level.
39
The amendments called for revised State Implementation Plans (SIPs) due January 1, 1979, for those states not in compliance with the federal standards. The deadline for those states not in compliance with the federal standards is December 31, 1982. In certain circumstances, extensions could be granted until December 31, 1987, for areas which cannot "reasonably attain" these standards. Colorado falls into this category, with Denver being a nonattainment area for four pollutants, CO, O^, particulates and NO2 until 1982. Denver is currently revising its 1979 implementation plan due in 1982 showing how it will meet 1987 standards. It is predicted that Denver will still be a non-attainment area in 1982 for CO, O3 and particulates, and
Predictions for 1987 indicate attainment of the CO standards with ozone concentrations still exceeding the standard, but to a lesser degree.
Particulate concentrations were not predicted for 1987, but without additional control measures, this pollutant would also be expected to exceed standards.^0
Other federal legislation affecting air quality is the National Environmental Policy Act (NEPA). This Act requires an environmental impact statement for all federal
39
John Philbrook, former Cheif, Air Programs Branch,
EPA, Region VIII, Jan. 1981
40 ... Denver Regional Council of Governments, Denver Regional
Element of the State Air Quality Implementation Plan", November 15, 1978, p. ii
-33-


agencies on major proposed actions which might affect the environment.
ii. State
In 1979, the Colorado Air Quality Control Act was enacted. It repealed and reenacted the 1970 legislation and was intended to bring State laws into conformity with the Federal Clean Air Act, as amended in 1977. The Act likewise distinguishes attainment and non-attainment areas. The Air Quality Control Commission was designated as the rulemaking authority. The Air Quality Hearings Board was designated the appellate authority, and the Air Pollution Control Division of the Colorado Department of Health was designated as the enforcement authority.
In 1980, other Colorado legislation which arose
was the inspection and maintenance program. The EPA would
not approve the implementation plan because it did not
contain an adequate inspection and maintenance program.
Thus, this program was "forced" on the Colorado Legislature 41
by the EPA. This program, for the nine Front Range Counties, is aimed at keeping manufacturer-installed emission control systems at peak efficiency and insuring that they operate as intended by the manufacturer.
Beginning July 1, 1981, all light duty vehicles 1968 and
Bill Barrow, Executive Vice President, Colorado Auto Dealer's Association^ Feb. 1981
-34-


newer which undergo a change in ownership, and all government-owned vehicles will be required to undergo an emissions inspection. Voluntary participation by others is also allowed. Those vehicles failing to meet standards will be required to have minimum adjustments performed.
Beginning January 1, 1982, all 1968 and newer vehicles will be required to undergo an annual inspection and adjustment if necessary.
iii. Local
Denver City and County legislation dealing with air pollution control is §710 or Ordinance 531, Series of 1971. It deals mainly with emissions. The Denver Department of Health and Hospitals is reponsible for its enforcement. While this legislation is important in controlling emissions in Denver, the state and federal legislation and the SIP are more reflective of policy.
b. Administrative
In keeping with the intent of the legislation, administrative actions are to be the responsibility of state and local governments, with the federal government being a watchdog intervening when state and local officials fail to perform to the federal government's satisfaction. An example of this is the inspection and maintenance program previously mentioned. Administrative actions are responsive
-35-


to tne legislative framework and the budgeting received. They include planning and research activities. There are five basic types of actions aimed at cleaning up the air. They are stationary source control, particulate control, land use, vehicle mile reduction strategies and direct emission control strategies. Different strategies have different proportions of ameliorative potential. For example, according to one source, VMT strategies will account for 5% reduction in the problem while direct emission control strategies will acount for 4 0%^ 2 T^e following chart from DRCOG "Directions for the 80's" is illustrative of the effectiveness of various strategies:
Vehicle Emission Reduction, 1980-1987
Carbon Monoxide
1980 1987
] Emissions
] Auto Inspection & Readjustment
Ozone
1980 1987
] Vehicle Emissions Control ] Other Measures
Ray Mohr, Senior Planner, Planning & Analysis, Colorado Dept, of Health, February 1981
-36-


Nevertheless, cumulatively, we need all these strategies. Following will be a list of those actions currently being taken or called for and their status.
1. Stationary Source Control Strategies
The Colorado Air Quality Control Commission has
promulgated standards relating to stationary source control.
They are found in "Colorado Air Quality Control Regulations
and Ambient Air Quality Standards." These regulations
provide guidelines for permitting new stationary sources, as
well as enforcement action againt violators of the
standards. No additional stationary soure controls have
been recommended in the State Implementation Plan since it
is felt that the greatest possible control is already being 43
applied.
43
Colorado State Implementation Plan
-37-


2.
Particulate Control
The Denver SIP included a proposed particulate control program that would address emissions from: street cleaning practices, winter street sanding/snow control practices, paving of unpaved roads, control of mud and dirt carryout sources, control of construction, grading, excavation and demolition activities, paving or stabilization of unpaved alleyways and parking areas. A study was to first be conducted on the effectiveness of these actions.
Changes have occurred in this program since its conceptualization. Currently what is recommended is a summary report on the sanding/cleaning control program and summary reports on other control measure studies being conducted elsewhere in the country. The reason for the
change is the EPA reassessment of the particulate situation
. . 44
xn terms of a modified standard.
3. Land Use Strategies
Land use strategies being called for include the land use air quality handbook called for in the Denver SIP and contiguous development, development of activity centers, preservation of open space, residential development in
44
Colorado Dept, of Health, "Implemention Colorado's Air Quality Plan: A Progress Report," Sept. 1980
-38-


proximity to activity centers, maintenance of free-standing
communities, DRCOG 2000 urban growth boundaries.
The land use air quality handbook has been
completed. Its use is to guide those who must make
45
development decisions with regard to air quality.
The remaining actions are part of the Denver Regional Growth and Development Plan which is the official document guiding growth and development for the Denver Region.
4. VMT Reduction Strategies
The Denver Regional Element of the State Implementation Plan calls for the following specific VMT reduction actions:
1. Variable Work Hours — a study to reduce peak hour congestion;
2. Variable work hour demonstration program;
3. HOV lane study to identify desirable corridors and to specify specific treatment in selected corridors;
4. Regional bicycle plan;
5. Preparing a parking management plan which recommends controls in various activity centers to create incentive for HOV, bicycle and most transit usage;
45
DRCOG,
"Land Use Air Quality Handbook"
-39-


6. Regional traffic signal control plan, i.e. improvements to reduce vehicle idling'and thereby reduce mobile source emissions;
7. TSM action evaluation -- developing a refined estimate of VMT of emission reductions achieved from TSM actions;
3. Rideshare program — improving current carpool matching service, development of additional promotional activities and development of a van pool technical assistance and marketing program;
9. Development of employer based incentive programs to promote transit usage, carpooling, van pooling, and bicycling;
10. Annual update of the five-year capital improvements plan for the Regional Transportation District;
11. Develop employer based progams to encourage provision of incentives for employees to use mass transit;
12. Fare incentives to help achieve the RTD goal of doubling transit ridership;
13. Develop and implement market initiatives which will assist in doubling transit ridership by 1982;
14. Assess implementation strategies for rapid transit development in the Southeast corridor;
15. Develop a HOV lane on Santa Fe;
15. Double RTD ridership.
Listed below will be the status of various
activites called for in the SIP;
Completed Strategies variable work hour study
variable work hour demonstration program
Sante Fe HOV lane study
regional bike plan
TMS action evaluation
rideshare program
-40-


Strategies With Problems
HOV lane study
parking management study
regional traffic signal control plan
transit development program
fare incentives
Southeast corridor project46
Thus, of the 16 VMT reduction strategies listed, all but 6 are either completed or on time. The six strategies which are running into problems will be discussed in Part III.
5. Direct Emission Reduction Strategies
DRCOG has taken one specific action in this regard, i.e. trying to get local governments to enact ordinances aimed at smoking vehicle emissions. This has met with success. At least 12 municipalities in the vicinity have established such ordinances.^
Another direct emission control strategy is the federal Motor Vehicle Emission Control requirements.
Denver, however, needs controls above and beyond this strategy. DRCOG has specifically recommended that a mandatory inspection and maintenance program be included in the SIP to contribute the necessary reductions in air pollution.
^ Ray Mohr, Frank Sharpless, "Implementing Colorado's Air Quality Plan"
^ Frank Sharpless, Air Quality Planner, DRCOG, March 1981
-41-


pollution.
Another direct emission reduction strategy is
aimed at high altitude vehicles. As stated previously, EPA
has determined that at high altitudes, cars produce 50% more
HC and 100% more CO. Also stated previously, we had high
altitude regulations in 1977 as part of the Clean Air Act.
These regulations were discontinued after that year because
problems the auto industry and the purchasing public were
having. These problems arose becuase only certain model
vehicles could be marketed here. If a purchaser wanted a
vehicle that wasn't marketed here, he would merely go to
. 48 - _, _
another state to purchase that vehicle. $213 of the amendments to the Clean Air Act of 1977 revoked these high altitude regulations, prohibited the establishment of any other regulation governing the sale or distribution of motor vehicles at high altitude prior to 1981 and required that beginning with model year 1984, all new light duty vehicles comply with the applicable emission standards regardless of the altitude at which they were sold. For the interim period, between 1981 and 1983, EPA has promulgated regulations relating to 1982 and 1983 model year light duty vehicles and light duty trucks sold for principal use at altitudes above 4,000 feet. They included a provision that would help dealers with the problem of limited availability
Federal Register, Wed. Oct. 8, 1980, Vol. 45, No. 197, 66984
-42-


of models. That provision stated that all cars sold at high altitude had to be capable of modification.
As the Clean Air Act now reads, all 1984 vehicles must meet high altitude emission standards regardless of the altitude at which they are sold. The status of this regulation is "up in the air" because the Clean Air Air is up for review this year and both the Reagan Administration and the National Commission on air quality are recommending a two-vehicle strategy, i.e. one for low altitudes and one for high altitudes. Thus any vehicle sold at high altitude would have to meet the high altitude standards and any vehicle brought in from low altitude would have to be modified.
As mentioned earlier, government entities are not the only actors in the arena. Various citizens and special interest groups are also taking actions. Some of these actions involve feedback into the current process and will be discussed later. Other actions are concrete ameliorative attempts. For example, the Denver Chamber of Commerce, the organiation representing Denver's business interests, has formed a coalition entitled "The Business Coalition for Commuting Alternatives". This group's purpose is to help businesses set up rider-sharing programs. One citizen,
Steve Schweitzberger, has organized a one-man campaign to clean up the air. His campaign is the "Have A Good Day" campaign. He sells T-shirts to promote awareness of the
-43-


issue and has a slide show which he presents to interested
groups, especially school children in the name of education.
49
He has likewise written his own implementation plan.
C. Support
How serious are we about cleaning the air? Are we merely being rhetorical? Are our goals merely illusory or are they tangible ends? Support for actions taken comes in the form of financing, personnel and research.
1. Financing
Federal legislation provides guidelines for
financing. Financing is for research purposes and for
planning activities. No funding is available for industrial
cleanup which is presumed to be the responsibility of the
individual industry. Financing for air pollution control is
in the form of two separate funds. One specifically relates
to air pollution and the other to transportation. These
funds are for planning activities to develop, implement and
enforce control strategies.
The main federal funding available to Colorado is
the State Air Program grant administered by EPA and given to
the Colorado Air Pollution Control Division. In 1980, the
50
amount of this funding was approximately $1,180,000.
49
Schweitzberger, Steve, Steve's Implementation Plan, undated
-44-


Other federal funding is provided for in §175 of the 1977 amendments to the Clean Air Act. This funding is administered by the Urban Mass Transportation Administration and goes to organizations of local elected officials in nonattainment areas to aid them in preparing their portion of the SIP. The idea behind the grant is that local officials are involved in planning activities such as land use and transportation and thus can affect air pollution issues.
DRCOG is the local agency to receive those funds. For 1980
51
the amount was $300,000. This fund is scheduled to run
out in 1982 unless Congress decides to extend it.
The State of Colorado also receives funds through
the state budget system. These funds are on a 1/3 - 2/3
basis with the federal government providing 1/3 and the
/ 52
state matching with 2/3.
2. Personnel
The Denver office of the EPA for Region VIII has an Air and Hazardous materials section employing about 70 people. Approximately 5 to 10 of these are involved with the Denver pollution problem. Their main involvement is in administering §175 and §176 funds.
Dave Kircher, Chief, Planning & Operations, Region VIII, EPA, Jan. 1981
Frank Sharpless, Air Quality Planner, DRCOG, March 1981 52
Rom Simsick, Colo. Dept, of Health, Jan. 1981
-45-


The Colorado Department of Health, Air Pollution Control Division, has a staff of about 60 persons. Its jurisdiction is statewide. Its role is to implement the programs , policies and regulations of the Air Quality Control Commission and to develop recommendations and supporting data. Personnel are involved with planning and
analysis, monitoring, and mobile and stationary source
. . 53
control.
DRCOG has a staff of 2 working directly on the air
quality problem. Most of the projects they do are given to
, ^ 54
consultants.
3. Research
Research is being conducted by both government and private entities, usually under government contract, or at the initiation of government. Research can be divided into two categories — research into planning and control strategies and research into the nature of the problem.
In terms of planning and control strategies, on the national level, the Clean Air Act requires the Administrator of EPA to establish a national research and development program for the prevention and control of air pollution, giving special emphasis to reaearch on the short-
53
Colorado Department of Health, Report to the Public 1980
54
Frank Sharpless, Air Quality Planner, DRCOG, Feb. 1981
-46-


and long-term effects of air pollutants on public health and
welfare. The Colorado Department of Health, Air Pollution
Control Division, Planning and Analysis section conducts
studies to assure the continued competence and relevancy of
55
planning activities in non-attainment areas. The Colorado Department of Health conducts studies of strategies relative to potential reduction of automotive pollutants both as to the effectiveness of planning and control strategies and their implementation. These are described above.
On the local level, the Denver Regional Element of the State Implementation Plan has called for a number of studies such as the HOV lane study, variable work hours study and the land use/air quality handbook.
In terms of research into the nature of the problem, the Colorado Department of Health, Air Quality Control Division, has a statewide monitoring program designed to collect and analyze air pollution-related data. The importance of this program is to see if air pollution in Colorado is increasing or decreasing and to determine compliance with the air quality standards. It is also important to determine the effectiveness of the State Implementation Plan. The monitoring program is currently being expanded in the Denver metro area. The territory to be covered is being expanded and the grids examined are
Colorado Department of Health, Report to the Public 1980, Vol. 1
-47-


being tightened. They will now be one square mile as
56
opposed to a larger unit previously studied.
D. Overlapping Policies
Air pollution is not the only issue worthy of our
concern and efforts. The banner is carried with equal or
greater intensity for other issues. For example, the
Colorado Front Range Project, in ranking issues of import to
Colorado's future, mentioned clean air issues only twice.
Of the 45 issues examined, clean air ranked number 38
(examination of the Clean Air Act) and number 41 (inspection
x 57
and maintenance program).
1. Supporting Policies
An air pollution policy which provides support to other policies will be stronger than one which supports no other policies or which conflicts with other policies. In general, policies which deal with environmental issues are likely to be supportive of air pollution issues. Goals of such policies are a cleaner environment more in harmony with nature, which is consistent with the goal of cleaner air. Also, efforts in the name of a clean environment will add
Ray Mohr, Senior Planner, Planning and Analysis Section,
Air Pollution Control Division, Colo. Dept, of Health, Feb. 1981
Colorado Front Range Project, Conference Report December 1980
-48-


momentum to the environmental message, filtering into the
minds of the masses, spreading environmental awareness.
Policies aimed at educating the public about heart
and lung disease lend support to the air pollution cause.
Policies controlling growth, improving transit
alternatives, certain land use decisions and policies
preserving open space can all positively affect air quality.
One issues stands out above all others as a
complementary policy. That is energy conservation. When
the oil situation was seen as a potential crisis, for
example, the Air Quality Control Commission and the DOE
5 B
officials discussed mandatory no-drive days. A policy
aimed at better mass transportation in order to reduce
energy consumption has obvious implications for clean air.
An increase in the cost of gasoline to conserve energy might
also help clean air, as people will have increased incentive
for reducing vehicle miles travelled. A number of
recommendations for individual initiatives made by the Front
Range Project in the name of resource conservation include
responsible use of private vehicles, business-organized car
pools, ride sharing one day per week, centralized
carpool/vanpool services, energy fast of 40 gallons of
59
gasoline per month. All of these support the goal of clean air.
Laboyta Garnand, Air Quality Control Commission, April 1981
-49-


The nuclear power issue likewise will affect air quality. Other issues notwithstanding, if we don't rely on nuclear power, more coal and fossil fuels will be burned, thus air quality will be negatively affected.
2. Conflicting Policies
Energy policies may likewise conflict with clean
air. The fact that air pollution controls on auto emissions
has decreased gas mileage or people perceive this to be the
case has caused a number of individuals to take the emission
controls off. More people are seeking diesel automobiles to
get better mileage. This increases the particulate
pollution. Likewise, the auto industry has to arrive at a
60
fleet fuel economy. This means that for the total fleet
there has to be a certain mileage per gallon. The industry
thus makes more diesel automobiles to increase total
mileage. We thus get more particulate for the higher
mileage vehicles and the same lower mileage figures for
standard autos. In addition, because the price of gasoline
is going up, there is a trend to using leaded fuel in cars
60
designed for unleaded fuel.
Colorado Front Range Project, Conference Report, December 1980
Frank Sharpless, Air Quality Planner, Denver Regional Council of Governments, March 1981
-50-


A car can be made to run on propane, in which the emissions are substantially reduced for $700 to $1000. According to the Denver Region Element of the State Implementation Plan, "emissions from such use of propane fuel are significantly lower for CO and hydrocarbons compared to gasoline powered engines. Though N0X emissions are higher." A conflict, however, arises here with home heating fuel. We can't make all our cars to run on a fuel which we need to heat our homes. A special permit is required to purchase propane for use in automobiles.^^
In the same vein, there is a move to using wood stoves for home heating in the name of saving natural gas. The more energy efficient the stove, the worse are the air pollution consequences. Health officials cite wood stove pollution as a carcinogen.
An example of a conflict with energy policy and air pollution issues is the "Adopted Policy" of the Air Quality Control Commission as stated in "Colorado Air Quality Control Regulations and Ambient Air Quality Standards" re air pollution control and the energy crisis states, "... the Variance Board may grant a variance for up to one year to an owner or operator of an air contamination source . . . for the purposes of delaying
installation or temporarily discontinuing use of air
Denver Region Element of the State Implementation Plan, DRCOG, November 1978
-51-


pollution control equipment because of fuels in short supply."
Another conflicting policy may be how we deal with the economic problems the auto industry is facing.
Energy development in Colorado is certain to bring growth to Denver which, if improperly handled and without compensation in the air pollution area, will have negative impacts on our air — not to mention air quality impacts in Western Colorado where is the development is occurring.
Other policies may compete for funding with air pollution. If a policy is considered more pressing, it may get the funding. Air, water and land are the three sinks for waste materials. What doesn't go into land and water may go into the air.
E. Feedback
Feedback is the mechanism by which policy is constantly being reevaluated and reshaped. It is the system's evaluation of itself and how it is working.
Various actions have unforseen consequences which need to be revised, or they have consequences which make people unhappy or which some feel are unnecessary. Studies are conducted and recommendations are made. Last but not least, there is judicial feedback.
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Formal
1 .
By formal feedback I am referring to official studies and recomendations made as well as judicial input in regards to current policy.
a. Studies and Recommendations
Various studies have been conducted both by the private and public sectors to provide feedback as to the effectiveness of our actions.
The Motor Vehicle Manufacturer's Association of the U.S., Inc. did a 15-month study of the composition of the brown cloud. By studying its composition, researchers could trace the particles back to their sources. One of the conclusions was that the contribution of motor vehicles to the visibility reduction in haze varies from 17 to 37%. The implication is that the motor vehicle is not as significant a culprit as it is generally perceived when it comes to the brown cloud.
The Natural Resources Task Force of the Colorado
Front Range Project studied the problem and made the
following recommendations:
In order to reduce vehicle-caused air pollution, encourage the provision of:
a. More bicycle trails on the Front Range. Abandoned railroad tracks could possibly be converted into bicycle paths. A single bicycle trail from Fort Collins to Pueblo should be constructed.
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Safety is of paramount importance. In the cities, bike paths should be on streets, but in the country, it is better to have separate trails because non-urban roads are not swept.
b. Walking trails in conjunction with or in addition to bicycle trails.
c. Synchronized traffic lights so as to minimize unnecessary idling of motor vehicles.
d. Flashing red and yellow lights during late night hours to avoid long waits for the traffic light to change at a deserted intersection.
e. More park and ride lots so that people who use mass transit are not ticketed or towed for leaving their car in one place all day.
f. A centralized carpooling service that matches people throughout the Front Range.
g. More storage facilities for bicycles including bicycle racks on buses.
Study the following mechanisms for reducing vehicle-caused air pollution:
a. Various mechanisms for restricting urban parking and the practicality of these.
b. Explore systems for discouraging automobile use without unduly restricting individual freedom.
c. The viability of bus lanes and high-occupancy vehicle lanes.
d. How to make public transportation a more attractive alternative.
e. How to encourage development of a Front Range rapid transit system.
Individual initiative items
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1. Encourage businesses to institute vanpoooling. Participate in carpooling.
2. Omit unnecessary auto use and combine trips when possible.
The National Commission on Air Quality has
reviewed the Clean Air Act. It is recommending that the
deadline system for compliance with national standards be
dropped in favor of a new system. The Commission felt the
deadline system didn't work anyway as they were always being
extended or expanded. Also, certain problems with the
standards are being seen in cities like Los Angeles, for
example. There is "no way" this city can meet the standards
by 1987 without expending tremendous amounts of money. Why
should Los Angeles, then put all this money into trying to
meet standards they won't be able to meet just to be
penalized by government funding restrictions? What is to
keep them from taking the same money and putting it into
sewage treatment and transportation facilities and come up
with their own strategy for dealing with air pollution.
Major recommendations of the Commission are:
continuing the inspection and maintenance program;
continuing current statutory criteria and requirements for setting air quality standards at the levels necessary to protect public health without consideration of economic factors;
maintinaing auto emission standrads for CO but imposing tougher high-altitude requirements for trucks;
urging the EPA to undertake health-effects research to determine whether a separate CO air quality stggdard should be established for high altitude areas.
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The Colorado Department of Health report entitled "Implementing the Colorado Air Quality Plan" is a study checking the status of actions required by the State Implementation Plan. The results of this study are discussed in Part III and won't be reiterated here.
The "Denver Region Element of the State
Implementation Plan" also had recommendations as to actions
which should be taken outside of planning activities to
bring us into compliance with the federal standards. Some
of the recommendations are as follows:
It is specifically recommended that a mandatory inspection and maintenance program be implemented in lieu of the current one. This would have required all 1968 and later light duty model vehicles to be inspected annually beginning January 1980.
It also recommended that the Air Pollution Control Division of the Colorado Department of Health assess the feasibility and effects of a program of retrofitting air bleed and/or air bleed/EGR systems on 1968-76 automobiles.
It recommended that the Colorado Legislature define incentive programs which would encourage automobile buyers to purchase high altitude vehicles.
It recommended that all governments located within the Denver region should commit to the purchase of high altitude vehicles as their fleet vehicles are replaced.
62 ...
National Commission on Air Quality,
Recommendations," March 1981
"Summary of
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And, it recommended that the EPA adopt the strongest possible regulations re high altitude cars.
b. Judicial
Feedback likewise includes judical scrutiny. On the federal level, two lawsuits have been filed relating to Colorado. The first involved Mountain States Legal Foundation v. the EPA. The Foundation maintained that it is unconstitutional for the EPA to limit highway funds and construction grants to states for failure to comply with clean air legislation. The matter was initially dismissed
63
on the technicality that the group lacked standing to sue. This issue is to be heard by the U.S. Supreme Court sometime this year. Similar judicial action was sought in California. The U.S. Supreme Court ruled that the EPA could withhold federal money and construction permits from California because California did not adopt an inspection and maintenance program.^
The other suit is the National Wildlife Federation v. the EPA. The NWF brought the suit against the EPA for approving an inadequate plan and because the plan didn't satisfy basic transportation needs. A settlement has been
John Philbrook, former Chief Air and Hazardous Material Section, Region VIII, EPA, Jan. 1981
64
The Denver Post, " High Court: EPA May Withhold Cash, Permits in Calif. Air Dispute" 2/23/81
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reached between the EPA and NWF on this issue. The
agreement will receive comment for 30 days and then the courts may approve it. The settlement calls for full documentation and disclosure of the whole planning process particularly modelling to assure meeting standards, evaluation of strategies (any strategy rejected must be explained); and adequacy of basic public transportation needs.
State litigation has challenged regulation #3, dealing with the granting, denying or revoking of emission permits (Colorado-Ute Electric Association v. Colorado APCC) (Colorado Association of Commerce & Industry et al. v. AQCC et al.) The statute relevant to this issues has been changed in the meantime. Also challenged was the fugative dust regulation (CF&I Steel Corp. v. Colo. APCC). The Denver District Court ruled in favor of the state, upholding the regulation.^
2. Informal
Feedback comes through informal as well as formal channels. By informal feedback, I refer mainly to comments special interest groups and the public may have on the policy, rather than actual studies which have been done.
65
Ray Mohr, Senior Planner, Planning and Analysis Section, Colorado Dept, of Health, Feb. 1981
66
Colorado Department of Health, Report to the Public 1980, Vol. 1
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Lobbying action, public hearings and elections are examples
of forums for this feedback. One of the issues raised in
this manner is the legislation relating to the high altitude
emission requirements discussed earlier. The auto industry
disputed the figures that automobiles at this altitude
contribute 100% more CO and 50% more HC. The auto industry
does not agree and disputes these figures. The argument
goes as follows: The figures were done in 1977 when the
standard for CO, for example, was 15 grams per mile. In
1982, the standard is 3-1/2 grams/mi, which figure 1/4 of
the 1977 standard. Thus in 1982 the auto pollution without
the standard would be 7 grams per mile which is 1/2 of the 6 7
1977 standard. The auto industry feels that since the standard has changed, there is no problem. The argument bypasses the main point, which is that no matter what the standard is for a particular year in question, at high altitude, CO emissions will be 100% more. The important point here is that all arguments and input contribute to policy and the shape it takes no matter how erroneous or misleading.
The auto industry had other problems with high altitude emission requirements. For 1977 model cars, high altitude emissions were required. Some manufacturers thus chose not to market all their models here. Buyers would go
Bill Barrow, Executive Vice President, Colorado Auto Dealer's Association, Feb. 1981
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elsewhere to purchase the vehicle they wanted. This
limitation created problems for the purchasers and the auto 68
dealers. The 1977 Amendments to the Clean Air Act revokes this regulation until 1981 and required that by 1984 model year, all new light duty vehicles comply with the applicable emission standards regardless of altitude. This is no problem for GM, with their computer technology cars, but other dealers, Ford, for example, may claim economic hardship.
The auto industry also has problmes with the
inspection and maintenance program. The testing is for
volume, not mass, with the measure being in terms of a
percentage volume having nothing to do with grams per mile
69
which is consistent with the EPA regulation.
As for the standards themselves, some feel they are too strict, others not strict enough. As mentioned earlier, the strigency of the CO standard at high altitudes is a concern. Public hearings held on the CO standard in December reflect thinking that the standard should remain the same. The O3 standard was made less restrictive in 1979, but according to authorities, still consistent with protecting the public health. The regulation was relaxed because inadequate original testing methodology was
Federal Register, Wed. Oct. 8, 1980, Vol. 45, No. 197, 66984. 69
Bill Barrow, Executive Vice President, Colorado Auto Dealer's Association, Feb. 1981
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. -,70
discovered. in terms of the particulate standard, the
small particles are the ones that do the harm. Should there
be a blanket standard for particulates, or should we only
71
regulate the smaller ones more than the larger ones?
In regards to the brown cloud, we have a visual
pollution problem. Even if all standards were met, it would
still be there, as the brown cloud is not harmful health-
wise. This fact may have negative ramifications. Not
everyone realizes that the brown cloud is not the harmful
pollution. Why should people sacrifice in terms of car
pooling, driving less, driving cleaner cars, etc. — perhaps
72
to no avail with the cloud is sight every day?
Feedback also includes input from the voters. A
new administration is elected because of dissatisfaction
with the old. The Reagan administration is reflection of
such feedback. The exact effect his administration will
have on air quality remains to be seen. However, one
measure likely to happen is the return of control to states,
73
without requiring EPA approval. According to one source,
Reagan is proposing eliminating the requirement for
74
nationwide high-altitude emission controls. These actions 70
Frank Sharpless, Air Quality Planner, Denver Regional Council of Governments, March 1981
71
Ibid
72
Kent Hanson, Colorado Open Space Council, Feb. 1981
73
Denver Post, "Reagan Clean Air Act Overhaul Plans Much Smaller Federal Role," April 9, 1981
74
Denver Post, "Our Target: Clean Air," April 12, 1981
-61-


do have implications for air quality.
This section was an attempt to impart upon the reader a feeling for what the current policy is, based on the goals and actions we are taking and the feedback being provided. The next section will examine the relationship between the goals and actions in order to evalute our policy.
Summary
Policy is a nebulous concept, resulting, in part, from our societal framework. There are many interacting forces contributing to such attitude and values. Historically, attitudes and values were not appropriate for air pollution controls. Our current policy has resulted from an evolving interaction between values and actions taken by government and citizens. Policymakers are numerous. Policy consists of goals and actions of government as well as feedback and citizen action. One goal reiterated throughout is the protection of the air resources so as to promote the public health and welfare.
Legislative actions taken on behalf of this problem include the federal Clean Air Act as amended in 1977, and state legislation, the Colorado Air Quality Control Act of 1979.
-62-


Administrative actions consistent with the
legislative mandate, are to be the primary responsibility of state and local governments. The Denver Regional Council of Governments has been designated as the lead agency responsible for preparing the Denver Region Element of the State Implementation Plan. There are five main strategies for dealing with the air pollution problem -- stationary source control, particulate control, land use, vehicle miles reduction strategies and direct emission control strategies. The most effective strategy is direct emission control, but the cumulative effect of all strategies are needed. section has described the goals and actions of government. The next section will evaluate whether the actions taken are consistent with the goals.
-63-


III. EVALUATION OF DENVER AIR POLLUTION POLICIES
Evaluating the efficiency of our air pollution program calls for criteria for such evaluation. Such criteria are found in the goals established by the policymakers. The evaluation of such goals may be approached in one of two ways. First, are the goals established by the system itself being met? Are the actions taken consistent with the goals? The second level of examination would be to question the validity of the goals and set new ones. For the purpose of evaluating the present system, assumptions are that the system's goals are valid. The obvious shortcoming here is that a policy with high standards which are not being met has more of a chance of being declared a failure than one with lower standards which are being met.
Nevertheless, there are two reasons for taking this approach. First, if the system is not working by its own standards, any standards more restrictive that I might set would make the weaknesses all the more flagrant. The second reason for taking this approach is that the system's goals were set consistent with current public opinion. As stated earlier, no management technique can be successful without adequate underlying public support. Thus, the evaluation will proceed based on whether the goals are being met or not, i.e. are the actions taken consistent with the
-64-


direction established by the goals.
Earlier goals were described from numerous documents. Here comments will be confined to goals set forth in the specific air pollution policy documents, i.e. the Clean Air Act, the Colorado Air Quality Act, the Colorado Ambient Air Quality Regulations, and the Denver Regional Element of the State Implementation Plan. There will be an item-by-item examination of the goals, including what the particular goal means, actions taken on behalf of the goal, evidence of the effect of the action, and whether the goal is apparently being met or not. Some of this section will be repetitive of previous sections.
One difficulty with this approach is in quantifying or operationalizing. Politicians may state a broad goal based on limited technical knowledge so that those with administrative authority and technical knowledge may have broad interpretive discretion. While this may be a problem for purposes of this thesis, in no way should it be inferred that these goals be narrowly stated, for the administrators would in such a case have their hands bound. In such cases, administrators provided quanitification. It is tempting to criticize on the basis of flimsy wording. Generally, however, in dealing with administrators, a certain presumption of validity is extended and they are to be given the benefit of the doubt lest the evidence against them is overwhelming.
-65-


After the formal evaluation of the goals and whether they are being met will be an informal evaluation will follow. This evaluation will look at strengths and weaknesses and whether the actions taken are consistent with the goals.
A. Formal Evaluation
1. Federal Level Activities
The first federal legislative goal is as follows:
1. Protection and enhancement of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population;
This goal is fairly straightforward and this wording might
75
be found in the purpose clause relating to any issue.
Section 109 of the Clean Air Act calls for the setting of primary and secondary air quality standards which in the judgment of the Administrator of EPA are requisite to protect the public health and the public welfare. The EPA has set primary standards to protect public health and secondary standards to protect the public welfare. In order to assure that the standards were implemented, states were required by §110 of the Clean Air Act to produce state implementation plans showing how they intended to comply with these standards by December 31, 1982. Extensions could
75
Based on 4 years legal research experience


be granted until 1987. Plans were to be approved or
disapproved by the EPA. Failure to comply with the
standards is met with monetary penalties, i.e. the
withholding of federal funds for sewage treatment and
76
transportation purposes.
Colorado has produced a state implementation plan,
including the Denver regional element, showing how it
77
intends to comply with the standards. This was approved
by the EPA after the legislature passed an inspection and
78
maintenance program. According to the Denver Region
Element of the State Implementation Plan, Denver is
currently a non-attainment area for four pollutants, CO, O3,
particulates and N02 until 1982. It is predicted that
Denver will be a non-attainment area in 1982 for CO, 03, and
particulates. By 1987, CO standards are to be met, but O3
and particulate concentrations will still exceed the 79
standards. Though actions taken are consistent with meeting the goal, the goal is not being met in the Denver area.
2. initiation and development of a national research and development program to achieve prevention and control of air pollution;
76
77
Clean Air Act
Denver Region Element of the State Implementation Plan, DRCOG, November 1978
78
79
Ibid
Ibid
-67-


This goal is straightforward and needs no further explanation. §103 and §104 of the Clean Air Act provides that "the administrator of EPA shall establish a national research and development program for the prevention and control of air pollution. ..." EPA has established such a program, the terms of which are spelled out in the Clean Air Act. The action taken is consistent with the goal. The goal is being met.
3. provision of technical and financial assistance to state and local governments in connection with the development and execution of their air pollution prevention and control programs;
This means federal funds will be provided to state and local
governments. The State Air Program grant funds,
administered by the EPA, are available to state government
80
in connection with the air pollution program. §175 funds
are available to local governments in connection with the
81
air pollution program. DRCOG is receiving such funds.
The action taken is consistent with the goal. The goal is being met.
4. encouraging and assisting the development and operation of regional air pollution control programs.
80 „
Dave
February
81 X,
Frank
Kircher, Chief 1981
Sharpless, Air
Planning & Operations, Quality Planner, DRCOG,
Region VIII, EPA March 1981
68-


A region is an area smaller than the state level, but larger than a metropolitan area. Section 175 funds are available
82
to local and regional governments in non-attainment areas.
The Denver Regional Council of Governments has been
designated as the agency responsible for Denver's air
pollution problem. The Denver region consists of a six-
county area including Boulder, Denver, Douglas, Jefferson,
83
Adams and Arapahoe Counties. The actions are consistent with the definition of a region, thus Denver's air pollution problem is being approached on a regional basis. The actions taken are consistent with the goal. The goal is therefore being met.
2. State
To repeat the Colorado legislative goal:
. . . it is declared to be the policy of this
state to achieve the maximum practical degree of air purity in every portion of the state, to attain and maintain the national ambient air quality standards, and to prevent the significant deterioration of air quality in those portions of the state where the air quality is better than the national ambient air quality standards. . . .
Here again, we have broad language which allows the
administrators broad interpretive discretion. The portions
of this goals relevant to Denver are the "maximum practical
degree" of air purity and the attaining and maintaining of
82
Ibid
83
Ibid


national ambient air quality standards. "Maximum practical
84
degree" means to do the best we can within our means. The action taken on behalf of this goal is the Denver Regional element of the State Implementation Plan showing how Denver intends to comply with the national ambient air quality standards which have defined levels to protect the public health and the public welfare. Refer to discussion of Federal goal #1. The goal is not being met.
Other state goals are found in the "Colorado Air Quality Control Regulations and Ambient Air Quality Standards." The goals relevant to Denver will be discussed one by one.
1. To achieve and maintain levels of air
quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, prevent unreasonable interference with the public welfare, preserve visibility and protect scenic, aesthetic and historic values of Colorado . . .
Again, we are referring to meeting the national ambient air
quality standards to protect the public health and the 85
public welfare. See discussion of federal goal #1. The goal is not being met.
2. To require the use of all available practical methods to reduce, prevent, and control air pollution for the protection of the health, safety, and general welfare of the people of the
84
Laboyta April 1981
Garnand,
Commissioner,
Air Quality Control Commission,
85 T ^
Laboyta
April 1981
Garnand,
Commissioner,
Air Quality Control Commission
-70-


State of Colorado. In order to achieve air purity consistent with this intent it is necessary, ultimately to control air contaminant emissions to such a degree of opacity so that the emissions are no longer visible, . . .
This goal refers to the setting of state emission standards.
The State has set 8 such regulations which are detailed in
"Colorado Air Quality Control Regulations and Ambient Air
Quality Standards." "All available and practical methods"
means that the staff will review all information available
8 6
to them at the time a proposed standard is set After this
has been done, public hearings are held. Every effort is
made to include a broad range of interests at the public
hearings. Broad testimony is thus received and on this
87
basis a determination is made. Standards are thus being set according to the way the Commission has defined all available and practical methods. The goal is thus being met.
3. To prevent significant degradation of Colorado's air resource.
This goal does not apply to the Denver area, but rather areas whose air is in "pristine" condition. Whether it is being met or not is immaterial to the Denver air pollution problem. For further information see §25-7-201, C.R.S.
1973, as amended 1979, and §§160-169 of the federal Clean Air Act.
86
Ibid
87
Ibid
-71-


4. To prevent odors and other air pollution problems which interfere with the comfortable enjoyment of life, ...
Odors which interfere with the comfortable enjoyment of life
refer to odors concerning which a significant number of
8 8
complaints have been received. Odor standards have been
set by the State pursuant to Regulation #2 which states:
No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits. . .
The regulation goes on to list the limitations. These
standards were set based on judgment by persons who don't
8 9
have any special sensitivity to odors. Other action taken
is in the area of permit granting for new sources. In order
to get a permits, a new source will undergo an odor
analysis. Enforcement action is taken against a party when
a significant number of complaints are received and the
offender is found to be in violation of the regulation. The
Colo. Dept, of Health feels that the regulation is 90
successful, but that a problem arises because odor is a very subjective thing. Some individuals will be offended by an odor when others don't even detect. Odors may be
88
Laboyta Garnand, April 1981
89
Ibid
Commissioner,
Air Quality Control Commission,
90
Harry Collier, Pollution Control
Air Pollution Control Division, Colo. Dept.
Specialist, Air of Health, April 1981
-72-


detected which are not in violation of the regulations. A
number of complaints are received in the Denver area with
regard to Denver Recycling and Lowry Landfill. Neither of
91
these are in violation of the standards. One could argue
that because a large number of complaints are received, the
facilities are by definition interfering with the
comfortable enjoyment of life, and the goal is not being
met. However, the presumption of validity concept would
apply here, and we must assume the goal is being met.
5. To apply the major resources of Colorado air pollution control programs towards solving priority air pollution problem.
"Major resources of Colorado air pollution control programs"
92
means the resources that are currently available.
"Priority air pollution problems" refers to the Commission's
determination as to what is priority. A priority problem is
an area that is in violation of the standards, i.e. Denver
and the mobile source problem. A priority problem might
also be a future potential problem, i.e. an oil shale
development site. Once a year the Commission meets to
93
determine their priority air pollution problems. Denver is still a non-attainment area and thus a priority problem. According to the report "Implementing the Colorado Air
91
Ibid
92 . .
Laboyta Garnand, Commissioner, Colorado Air Quality Control
Commission, April 1981
93
Ibid
-73-


In regrd to this area
Quality Plan: A Progress Report”, "
[resources] the picture is . . . checkered. It does seem
evident that, in some cases, agency resources may be
severely strained to meet all the requirements for
submission of adequate air quality plan revisions -- 1982.
Planning grants from Urban Mass Transit Administration and
the Environmental Protection Agency continue to be reduced
in size. It appears that reduction in funding will have a
significant impact on the plan development process." Given
this, and given that funding is currently available, any
reduction is funding is a step backwards. The goal,
therefore, is not being met.
The Commission recognizes that the growth in the amount and complexity of air pollution in Colorado is brought about by and incident to population growth, mobility, increased affluence, industrial development and changing social values in said State. The Commission believes that the air pollution problem is likely to be aggravated and compounded by additional population growth, mobility, affluence, industrial development, aned changing social values in the future, which are likely to result in serious potential danger to the public and the environment. Therefore, the Commission intends to pursue solutions, in conjunction with other appropriate agencies and interests which have a direct interest and capability in solving a growing air pollution problem in relation to the broader environmental degradation problem. It is the intent of the Commission to coordinate with industrial, commercial, agricultural and transportation planning organizations, the public, the legislature, educational organizations, and other major interest in such a manner as to prevent air pollution in Colorado.
-74-


This rather nebulous goal appears merely to acknowledge the existence of a relationship between growth and air quality.94 The g0ai is nebulous because the Commission has no direct legal authority over growth. "Implementing the Colorado Air Quality Plan: A Progress Report" states . . continuing commitment to develop a means of evaluating growth is needed." This recommendation is further reinforcement for the goal. Otherwise, if a large development comes up for review which is not on the COG regional growth and development plan, i.e. Smokey Hill or the Phipps Ranch, the Commission will review its impact on air quality and comment. The effect of the action is advisory commentary only. It, together with the recommendation for evaluating the impacts of growth, reflect an intent on the part of the state to get involved with this issue. The actions are consistent with the goal. To the extent that comment is advisory only, the goal is being met.
3. Local
Since the purpose of the Denver Region Element of the State Implementation Plan was to show how Denver would attain and maintain the national ambient air quality standards, implicit in this purpose is that goal, and since we have not, nor will we met the goals most likely by 1987,
94 Laboyta Garnand, Commissioner, Colorado Air Quality Control Commission
-75-


this goal is not being met.
The goals of DRCOG were to be met based on what was reasonably available. The Air Quality Policy Committee developed guidance on the selection of reasonably available control measures.
Determining what measures are reasonably available was based upon considerations of : 1) the
effectiveness of reducing air pollutant emissions,
2) the social-economic institution (administrative) costs and benefits, and 3) the ability to implement by December 31, 1982.
Included within these considerations is a willingness of the public to accept the measures.
At best, public acceptability is difficult to determine. The Clean Air Task Force . . . has
made its judgment on what is acceptable to the public in recommending the measures contained in this plan. In approving the plan, the DRCOG Council has reaffirmed the Task Force's determination.95
The actions that have been recommended are then by definition considered reasonably available. Whereas, actions which have not been recommended, i.e. light rail, are not considered reasonably available. If the actions are not being taken, then, it follows logically that to the extent that they are consistent with any particular goal, the goal is not being met and vice versa. Goals of the Air Quality Policy Committee follow:
1. Emphasize the implementation of reasonable technological changes to bring improvement in air quality from both automotive and stationary sources.
95 Denver Regional Element of the State Implementation Plan, DRCOG, November 15, 1978.
-76-


Emphasize means a force or intensity of expression that gives special importance to an action.96 The use of the term reasonable again refers to whether the benefits outweigh the costs. "Technological changes to bring improvement in air quality" would mean strategies aimed at achieving a clean car or emission-free scrubber for stationary sources.97 There are no such actions being taken by DRCOG.98 This goal is not being met.
2. Emphasize volunteer actions to reduce VMT and clean up automobile emissions by such things as incentives for car/vanpooling, mass transit, walking, bicycles, etc.
This goal is straightforward and needs no explanation. Volunteer rather than mandatory actions were to be emphasized because the cost of implementing a mandatory program would be prohibitive and because of a general resentment towards mandatory actions on the part of the public. Actions taken include a state regulation (#9) covering the Denver area entitled "The Control of Automotive Air Pollution through Motor Vehicle Restraints and the Encouragement of Public Transportation and Carpooling." The Colorado Air Pollution Control Division has a staff of one person, and numerous volunteers working on its
96 Webster's New Collegiate Dictionary, G. C. Meriam & Co., Springfield, Massachusetts, 1975
97 Frank Sharpless, Air Quality Planner, DRCOG, March 1981 9® Ibid
-77-


implementation. Employers are required to provide pooling incentives.99 dRCOG is required to provide advice to the Commission as to the relationship between parking management and reduction in vehicle miles travelled, as well as recommendations re the same. Other actions include parking management incentives for mass transit and bicycle routes as incentives for bicycles; the rideshare program to encourage ridesharing and the transit ridership development program aimed at doubling transit ridership by 1982. The evidence of all of these actions comes from the Colorado Department of Health report. A survey, completed in March 1980, supported the assumption that employer-based rideshare emphasis programs are useful means of making alternative transportation choices visible to commuters. A carpool effectiveness study has reported client satisfaction, doubling transit ridership is going as planned, and other studies are still in programs. The goal is being met.
3. Minimize life-style changes and disruptions as much as possible and, where these measures appear necessary, attempt to obtain the best data possible and critically analyze this data as to the costs and benefits of these lifestyle changes on air quality and on people's health, safety, and welfare.
Minimizing lifestyle changes and disruptions as much as
possible means maintaining the status quo. Volunteer versus
mandantory actions are stressed. There is no concrete
99 Colorado Dept, of Health, "Implementing Colorado's Air Quality Plan: A Progress Report,"
-78-


evidence to suggest that lifestyles are minimized, nor that the costs and benefits of these life-style changes are being measured. There is not sufficient information on which to base a judgment as to whether the goal is being met or not.
4. Regardless of the strategies chosen, attempt, so far as possible to make the strategies fairly and equitably applicable to citizens throughout the Metropolitan Denver area.
"Fairly and equitable applicable" means that no segment of
the Denver population bears more of a burden in solving the
pollution problem than any other.100 when any particular
action was considered, this goal was borne in mind. There
is no concrete evidence on which to judge the effectiveness
of the actions in regards to this goal.
4. Summary
The federal goals are all being met, except the first and most important, i.e. the goal relating to the public health.
This goal is twice reiterated in Colorado State goals. Again it is not being met. Colorado standards relating to using all available practical methods, odor control, and the advisory goal relating to growth are being met. Colorado goal concerning applying the major resources of Colorado toward solving the problem are not being met.
100 prank Sharpless, Air Quality Planner, Denver Regional Council of Governments, March 1981
-79-


Implicit local goal regarding the protection of the public health is not being met. The goal relating to emphasizing technological changes to bring improvement in air quality is not being met. The goal relating to voluntary VMT action emphasis is being met. There is not sufficient information upon which to make a determination regarding the effectiveness of the goals relating to minimizing lifestyle changes and making strategies fair throughout.
Thus, some of our lesser goals are being met. The fact remains, however, that the Number One goal of both federal and state policy documents has not been met.
The next section will describe some of the problems impeding progress in this area.
B. Informal Evaluation
Now that it has been determined that we are not meeting our main goals, the question becomes why. There are two possible reasons. The first is that there are weaknesses inherent in the system which interfere with our meeting the goals. The second is that our actions are inconsistent with our goals, or the nature of the problem. These two reasons will be examined one by one.
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1
Weaknesses
A review of the status of actions taken reveals a major weakness. These will be discussed briefly. Politics have interfered at the legislative level. Here I am referring to direct auto emission control. We might have stronger legislation aimed at cleaning up the cars or better yet, at producing clean cars in the first place were it not for politics. This is where our emphasis should be based on the nature of the problem. See chart, p. 39.
Political pressures are seen at the federal and state levels. Colorado criticized the federal level for preventing it from enacting legislative standards more restrictive than federal ones.101 The reason behind the action, however, is that the auto industry would have tremendous difficulty if all states had their own emission standards. This is a valid point when applied to each state. Denver, however, has some unique problems and Colorado might be given special consideration if we are really serious about cleaning up our air.
But when we take a look at the state legislature's track record, flagrant political weaknesses make this alternative seem infeasible. Take the example of the inspection and maintenance program. It was only enacted by
Laboyta Garnand, Commissioner, Colorado Air Quality Control Commission, April 1981
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the state legislature because the EPA threatened not to approve the SIP otherwise. Thus,â– political pressures have caused up to have a watered down, compromise program, leaving various levels of government unhappy with each other.
This points to another weakness --intergovernmental conflicts. In any area there is always some intergovernmental jealousies and bickering, both between various levels of government and various government agencies on the same level. The example previously given between the EPA and the state legislature is an example of the former. An example of the latter is the attorney general's office's holding up COG projects because it has to approve projects involving UMTA funding.
Time and money constraints are also weaknesses. Financial reasons are the source of problems with the transit development program and the fare incentives program. Other important projects might never be undertaken because they are too costly in terms of time and/or money. A consultant might not do the best job possible, only the best job for the money. This leaves room sources of invalidity in research projects.
Research methodologies is another area altogether. Take, for example, current modelling techniques for predicting future air pollution levels. These are based on state-of-the-art technology, so may not be criticized.
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However, they are based on assumptions about population growth, about employment locations, transportation of that population to and from work, and meteorological considerations. With all these factors and assumptions, there is a great deal of room for error.101 Perhaps there is nothing that can be done about this, it is merely a weakness the comes with the system. If these modelling techniques, though they may be the best there are, err on the conservative side in predicting our future air quality, then all our efforts may turn out to be misdirected because we might have otherwise taken a different approach. We might otherwise have put more emphasis into direct auto emission standards, for example.
2. Consistency of Actions with Goals
Before discussing consistency of goals with actions, we should look at the consistency of goals with goals. There is an apparent inconsistency between state and local goals. The state is saying, through its goals, that we have a serious problem. DRCOG, on the other hand, does not even state that the federal standards are a goal, this is merely implicit. COG's goals go on to state that we don't want to change anyone's lifestyle or be unfair to anyone. This discrepancy can be explained in part by the
102 prank Sharpless, Air Quality Planner, DRCOG, March 1981
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fact that the COG strategies are proportionately less effective that the state strategies. Still, this seeming inconsistency can only point to a weakness.
Another inconsistency aparent at this point is that the state goals reflect a need to deal with the issue of growth in the name of air pollution. This issue is also dealt with in "Implementing the Colorado Air Quality Plan:
A Progress Repot." The state's authority to deal with growth, however, is limited. On the other hand, DRCOG, who has more direct authority to deal with the issue of growth does not deal with this issue directly in its goals or actions.
We thus have the state, who does not have direct authority over the issue saying we need to examine and deal with this issue and the local government, who has more authority over the problem is not addressing it.
Since w are not meeting our main goal, then our actions are either inconsistent with our goals or inconsistent with the nature of the problem. As the nature of the problem results from auto emissions, why are we putting all our time and energy into cleaning up the problem the automobile did? Why not clean up the automobile in the first place? Given the political constraints mentioned earlier, this action does not appear possible. But let's examine where else we have gone wrong. The policy documents all lead us to the obvious conclusion that more needs to be
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done to clean up the automobile. That is their conclusion, and while not questioning its validity, it has perpetuated another wrong course of direction. If the VMT reduction strategies will only account for 5% reduction in the problem, then it logically seems a valid reason for not wanting to change anybody's lifestyle or be unfair to anyone, as stated in the goals of DRCOG. After all, why should the citizens be forced to use an inconvenient mass transit system to minimize 5% of the problem? And, as automobiles get cleaner in the future, the proportion of good that VMT reduction or transportation control strategies will do will decrease. DRCOG likewise appears to be covering all the bases in this regard. It has taken all the strategies that are being used in other cities and evaluated their potential effectiveness for use in Denver. While this thinking is logical, there is a flaw in it. The federal act didn't make the regional planning agency primarily responsible for the problem for no reason. Maybe the actions called for will only ameliorate 5% of the problem but every little bit helps towards meeting the standards.
Our goals are merely to meet the standards. Maybe we should set them a little higher -- i.e. let's achieve good air.
Just because we as planners can't change the political system to accommodate a clean car, doesn't mean that we as planners shouldn't do everything we can on behalf of the problem. Just because the politicians have failed doesn't
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mean that the planners have to fail to. We as planners must do more especially since changes will be made this year in the Clean Air Act and the fight is likely to be keeping what we've got rather than improving anything. The Sierra Club Board of Directors met recently to prioritize issues for the next year.103 The likely fight over the Clean Air Act was listed as the number one priority.
Summary
This section has evaluated whether we are meeting the goals or not and draws on the previous discussion of the status of actionsto reveal weaknesses in the system. We are meeting some of the lesser goals, but the fact remains that we are not meeting the more important goal of protecting the public health. This failure can be explained by weaknesses inherent in the system, including politics,
intergovernmental conflicts, time and money constraints, and research methodologies, and by the fact that our actions are not always consistent with our goals.
Based on the foregoing, the obvious conclusion which would make the actions consistent with the goals is a recommendation for stronger emission standards, or even a clean car altogether. Because of political pressures, this option is not immediately available to us. We as planners,
103 Rocky Mountain Chapter Sierra Club, "Peak & Prairie, Vol. VI, No. 6
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however, should not make the mistake of concluding that just because the strategies within our reach won't relieve much of the problem that we should not try and put much effort into it or change anyone's lifestyle. Perhaps the air pollution issue by itself is not sufficient motivation for such strategy. There are, however, numerous other reasons for initiating a lifestyle change into society, i.e. the energy issue, social issues, etc. Cumulatively, these reasons should provide an adequate basis on which to proceed. The next section will make a few recommendations based on the conclusions here determined.

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IV. RECOMMENDATIONS
While the purpose of this study was not to make recommendations, which would be an entire thesis topic in itself, a few follow naturally and are in order.
As a society, we should direct our attention to producing a clean car and stricter emission standards.
In talking with people about this issue, I saw some blame the State Legislature for failure to enact adequate legislation. I saw others blame the auto industry for not marketing an appropriate vehicle and for applying political pressure to the legislature. Irregardless of where the blame lies, the denominator common to both the legislature and the auto industry is the public. Both must answer to the public — the legislature because it represents the public and the auto industry because the public is its client. Only an apathetic public allows weak legislation and dirty cars. An informed public does not.
An informed public creates demand for action.
In order to obtain this demand for action, we need a strong public education program. The National Commission on Air Quality agrees. Its recommendation in this area states:
1. Section 101(b) of the Act should be amended to include, as a purpose of the Act, that public participation be provided for, encouraged, and assisted by EPA and the states with langauge similar to that set forth in the Clean Water Act and the Resource Conservation and Recovery Act.
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2. EPA and state agencies should establish public participation processes that include:
An investigation of the current level of public understanding about air quality issues;
The timely provision of information tailored to meet the needs of the various publics;
Opportunities for discussion of the issues by groups with different perspectives, including, but not limited to, business and industry groups, public interest organizations, public health organiztions, governmental entities, labor organizations, and other interested parties;
Mechanisms for providing the results of these discussions to decisionmakers; and
Mechanisms for decisionmakers to respond as to how these results were considered in making final decisions.^4
DRCOG likewise recognizes the need for better
public understanding for it is currently conducting a survey
105
to determine what people don't know about pollution.
This is a step in the right direction and knowledge gained through this process will be useful.
Although the above recommendations are the obvious solutions,, we as planners should not sit idly by waiting for the government to do its job. We should do as much as we can towards solving the problem in the meantime because perhaps the clean car will never come to pass. As planners,
10 4
National Commission on Air Quality, "Summary of Recommendations on the Clean Air Act," Public Participation Section,
p. 6.
105 Frank Sharpless, Air Quality Planner, Denver Regional Council of Governments, March 1981
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we have the potential to impact the problem. Perhaps we
should change our local goals to say, "Let's achieve good
air" or, "Let's implement some lifestyle changes." The
direct strategies available to us as planners are in the
areas of VMT reduction strategies and land use controls.
The National Commission on Air Quality is recommending that
transportation controls be removed as a strategy for
106
improving air quality. This is a mistake. We need the
cumulative effect of all our actions to clean the air at this point. Transportation controls are a legitimate function of air pollution planning, they do help improve the problem, though it may only be a small amount according to the government's calculations. We should continue to try to implement innovative transportation controls. There are certainly enough overlapping supporting policies such as energy conservation which promote this solution.
In terms of land use strategies, DRCOG has done a study entitled "Air Quality Sensitivity Analysis." This study supposedly looks at the relationship between land use and air quality. What this study actually looks at is the relationship between VMT reduction and air quality. It concludes that because there is no significant relationship between VMT reduction and air quality, that there is no relationship between land use and air quality. This is faulty logic. Land use has the potential to affect air 106
Ibid
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quality in other ways than mere VMT reduction. Growth is a primary example. This thesis has already established that the state strongly recommends studying the relationship between growth and air quality, even going so far as to include such a provision as part of the state's goals, and that local government is not dealing with the issue of growth/air quality directly. We should therefore conduct further studies to determine the exact relationship between growth and air quality. Until such time as a relationship between growth and air quality can be determined, we should try to get a handle on growth by establishing a policy to keep growth to a yearly minimum. This is another area where air pollution is not the only reason for pursuing this course of action and will lend support to such a solution.
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BIBLIOGRAPHY
Agee, Betsy, "Transportation Control Measures", National Clean Air Coalition, undated
Anderson, James E., Public Policy Making, New York, 1976
Automotive Testing Laboratories, Inc., "Report on a Comparative Study of Inspection/Maintenance and Mandatory Maintenance", Aurora, Colorado, 2/1/80
Bueche, Kenneth G. & Schor, Morris J., "Air Pollution Control: Selected Governmental Approaches: Possibilities for Colorado"
The Business Coalition for Commuting Alternatives - Update,"
June 1980
Carson, Rachel, Silent Spring, Greenwich, Conn. 1962
The Clean Air Act, as amended August 1977
Clean Air Coalition, Workshop, 2/2/78
Clean Air Task Force, "Minority Report of Certain Members of the Clean Air Task Force and Air Quality Policy Committee", Sept. 20, 1978
_______________________, "Summary of the Plans Prepared by Local
Government for Inclusion into the Colorado State Implementation Plan," Oct. 5, 1978
Colorado Air Quality Control Act, 1979
Colorado Business Review, "Air Pollution: Awareness or Apathy," Learning, Margorie, P. et al., Vol. XLIV,
No. 3, March 1971
Colorado Dept, of Agriculture, Agricultural Land Conversion in Colorado, Vol. II: Appendices, "Air Pollution as a Function of Land Use along the Front Range", W. K.
Lauenroth & P. Hackney, CSU, Fort Collins, Aug. 1979
Colorado Dept, of Health, Air Pollution Control Commission, "Air Quality Implementation Plan for State of Colorado",
January 1972
Colorado Dept, of Health, "Assumptions and Initial
Calculations for Projected Ambient Carbon Monoxide and Ozone Levels in the Denver Metropolitan Area",


July 19, 1978
Colorado Dept, of Health, Air Pollution Control Division, "Baseline Emissions Inventory for the SIP Revision Analyses for the Denver Metro Area", Sept. 5, 1978
Colorado Air Pollution Control Commission, "Colorado Air Quality Control Regulations and Ambient Air Quality Standards", undated
Colorado Dept, of Health, Air Pollution Control Commission,
"Colorado Revised State Implementation Plan for Air Quality, 12/14/78
Colorado Dept, of Health, Air Pollution Control Division,
"Current Denver Regional Ambient Air Quality Conditions and Baseline Meteorological Conditions for the Denver Element of the State Implementation Plan",
Nov. 15, 1978
Colorado Dept, of Health, Air Pollution Control Division,
"Denver Region Particulate Control Study and Demonstration Program", Sept. 6, 1978
Colorado Dept, of Health, Air Pollution Control Division, "Implementing the Colorado Air Quality Plan: A Progress Report," Sept. 1980
Colorado Dept, of Health, Air Pollution Control Division, "Proposed Denver Region Particulate Control Program for the Denver Region Element of the State Implementation Plan," June 26, 1978
Colorado Dept, of Health, Air Quality Control Commission, "Report to the Public 1980, Vols. 1 & 2.
Colorado Dept, of Health, Air Pollution Control Commission, "Report to the Public, 1979 - Vol. 1"
Colorado Dept, of Health, Air Pollution Control Commission, "Report to the Public, 1978, Vols 1 & 2"
Colorado Dept, of Health, Air Pollution Control Commission, "Report to the Public, 1977"
Colorado Dept, of Health, Air Pollution Control Commission, "Report to the Public, 1975"
Colorado Dept, of Health, Air Pollution Control Division, "Review and Air Quality Assessment of Alternative Motor Fuels, Alternative Engine Types, Motor Vehicle Idle Controls, and Gasoline Vapor Recovery


Full Text

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U18700 8666038 DENVER AIR POLLUTION / Kathy Waesche Spring 1981

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INDEX DENVER AIR POLLUTION Introduction .............................................. I. II. The A. B. c. D. E. F. Problem ........... . Natural Phenomena 1. Phenomena promoting pollution episodes pollution 2 . Phenomena episodes Interface acting against 3. The 1. 2. The 1. with Pollutants General 11Legitimate .. Sources Natural 2. Man-Made man-made Health Effects 1. Problems Other Effects encountered Cost Summary systems Denver•s Present Responses to the Problem ..... Air Pollution A. History .. B. Policy c. D. E. 1. Goals ..... 2. Actions a. b. Legislative i. ii. Federal State ..... iii. Local Administrative i . ii. stationary source control particulate control iii. land use strategies ..... . iv. VMT reduction ..... . v. direct auto emission Support ..... 1. Financing 2. Personnel 3. Research ..... Overlapping Policies 1. Supporting Policies 2. Conflicting Policies Feedback 1. Formal a. Studies and Recommendations b. Judicial ...... . 2. Informal Summary i 1 1 1 4 4 6 6 6 9 9 10 12 12 17 19 20 21 21 26 26 31 32 32 34 35 35 37 38 39 39 41 44 44 45 46 48 48 50 52 53 53 57 58 62

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III. IV. Evaluation A. Formal. B. 1. F .ede r al level activities 2. State 3. Local 4. Summary Informal ..... 1. Weaknesse s 2. Consistency with goals Summary Recommendations Bibliography List of persons contacted 64 66 66 69 75 75 80 81 83 86 88

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INTROD U CTION The Problem Due to a unique combination of natural phenomena, including high altitude and close proximity to the mountains, Denver is highly susceptible to air pollution episodes. As the -motor vehicle is the ptimary cause of the problem, these episodes are exacerbated by our habits, our dirty cars and the fact that cars pollute much more at this al ti t uae. A "thread common throughout is the importance of public opinion in terms of how 'we got to where we are today, our responses to the problem, and the proposed solution to the problem. Purpose The purpose of this study is to survey the Denver air pollution problem by examining the nature of that problem, i.e. the contributing factors, the planning process to correct the problem and by evaluating the consistency of the planning .process with the nature of the problem. Denver air pollution was chosen because I have a personal interest in the problem and because my emphasis throughout the program has been on environmental planning. This issue provided an ideal opportunity to gain an understanding of the problem and the process because local government, DRCOG, is the mandated agency for developing a plan to solve the

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problem. I wanted to better understand the planner's role in solving the problem. Scope The area studied is specifically the Denver metro area. Federal, state and local activities are discussed as they relate to Denver. Because the sudy is intended as a survey of the issues, it will cover a number of bases lightly and not attempt great depth. Limits -:..The constraints of time and money involved on the student research level versus the professional level are limiting factors. Neither am I an expert in the area. The study thus represents a planning generalist's attempt to deal with and understand numerous very complex technical air quality issues. As there are a great many complex issues involved and the study is intended as a survey, extensive analysis is limited. Methods The methodology.employed is first descriptive and secondly evaluative in terms of the effectiveness of the actions being taken on behalf of the problem. The evaluation will use the policy documents own criteria as a tool in evaluating, i.e. the goals and actions of government -ii-

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and the status of these goals and actions. Data An overwhelming mass of data has been.generated on this subject. Data gathering involved basic library research, document review and interviews with government officials, business and private citizens. Data was then selectively scrutinized for use in this paper. Included are technical reports, reports for use by government officials, _reports for the lay public. It includes various studies and recommendations, notes from interviews with experts and newspaper accounts. Organization Organization is into three basic parts, the first two descriptive and the third evaluative. The first describes the problem and the second the resultant policies. The third part evaluates the policies. This part consists of a formal evaluation and an informal evaluation which discusses strengths and weaknesses of the system. Conclusion The primary conclusion is that our actions are misdirected. The most effective strategy for cleaning up the air is one aimed at direct auto emission reductions. Political constraints intefere with such a simple solution -iii-

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to the problem, thus our energies are aimed at solving the problem through a cumulative a pproach, with four other types of strategies being important to us. These four strategies include VMT (vehicle miles travelled) reduction or transportation controls, land use controls, stationary source controls and particulate controles. Because these other four strategies, particularly VMT reduction strategies and land use strategies, are proportionally less effective than direct emission controls, we really are not putting too much emphasis in these areas either. We obviously should be putting more emphasis into cleaning up the cars. However this strategy is really outside the planner's direct authority other than in terms of making recommendations. If planners are to make a contribution, then, we should try to do as much as we can so that the cumulative effect of all the strategies will lead to good air quality. The types of strategies planners can directly influence include transportation strategies, growth control strategies and public education. Recommendations are made in there areas. -iv-

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DENVER AIR POLLUTION I. THE PROBLEM Denver's brown cloud serves as constant reminder that we have an air pollution problem. In fact, Denver ranks among the top six offending cities in the nation in 1 terms of air pollution. This part will focus specifically on the nature of our problem, i.e. contributing natural phenomena, the pollutants, the sources, health and other effects, and costs. A. Natural Phenomena 1. Phenomena Promoting Pollution Meteorological conditions play an important part in cleansing the air or trapping pollutants within the city. Denver has some unique meteorological conditions contributing to its problem. The incidence and intensity of air pollution are dependent upon wind speed, temperature di$tribution with height and local topographic features. Winds and temperature distribution with height are greatly influenced by local topography, in Denver's case, proximity to the mountains. Another unique feature which makes Denver particularly susceptible to pollution episodes is its high 1 Council on Environmental Quality, Environmental Quality 1979, U.S. Gov't Printing Office, Washington D.C., Dec. 1979 -1-

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altitude. Due to the high altitude, Denver has one-fourth less atmospheric mass. Radiational cooling (i.e. the flow of heat from the warmer ground to the cooler atmosphere) at night is thus enhanced. Radiational cooling promotes cool air near the ground --a prime ingredient of temperature inversion. The close proximity to the mountains together with the high altitude create temperature inversions in Denver every day. A temperature inversion is an increase in temperature with height rather than a decrease as is normal. This negative lapse rate, as it is called, requires a certain warmer temperature to "break" the inversion. The particular temperature required follows adiabatic gas laws and is thus dependent upon barometric pressure and temperature. On some days the inversion breaks up readily, but on other days it remains, creating an episode. Temperature inversions, for example, are not as much of a problem in the summer because the radiational cooling is not as great and temperature inversions are easier to break. Meteorological conditions vary from year to year. Air pollution is related to these conditions. One factor that compounds the temperature inversion is the Chinook wind. This is a warm wind originating in the mountains. It compounds temperature inversions by putting a "lid " on the inversion level, trapping pollution within the city. This lid likewise acts -2-

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as a floor to winds which could come through and clean the 2 city out. Other natural phenomena contributing to Denver's air problem include its location in the depression of the South Platte River with elevation generally decreasing towards the northeast. This topographic pattern gives rise to a certain daily wind pattern. During the night and morning, air drains down the Platte towards the northeast. During the afternoon, the flow reverses and the air that left the city earlier reenters the city going south. A 3 cumulative effect occurs here. Denver's high altitude magnifies the problem in yet another way. Automobiles, if not properly tuned for this altitude, pollute much more. The EPA has found that motor vehicles which demonstrate compliance with emission standards at low altitudes produce as much as 50 percent more exhaust hydrocarbons ( HC) and nearly 100 percent more carbon monoxide ,4 CO) 1,.,hen tested at 5, 000 feet above sea level. Additional compounding factors include the fact that the ratio of oxygen to the pollutants is lower here, thus we have not only less oxygen to breathe, but the high altitude, with less atmosphere to filter ultraviolet light, 2 Interview with Don Barbaric, Meteorologist, Air Pollution Control Division, Colorado Department of Health, January 1981 3 Riehl, Herbert and Herkhof, Dirk, "Weather Factors in Denver Air Pollution," Aug. 1970 4 Fed. Reg., Vol. 45, No. 197 Wed. Oct. 8, 1980. -3-

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and thus more photochemical activity, means more ozone. 2. Phenomena Acting Against Pollution Episodes It was noted that inversions tend to form every day. Several meteorological factors work against the formation of inversions: 1) Cloud cover reduces radiational cooling as not all of the warmth released from the earth during the evening escapes to the atmosphere, some of it bounces off the clouds and is directed back toward the earth: 2) North wind with colder air will blow the pollution right out of the city: 3) low pressure to the east will pull the mass out: 4) Precipation also aids in cleansing the air, but this amount is thought to be negligible.5 3. Interface With Man-Made Systems Thus far, I have discussed natural systems and natural phenomena. Man-made systems likewise interact with natural phenomena to influence air pollution both positively and negatively. I will briefly mention some of the factors involved. Concrete makes the city a vast storehouse of heat when compared with surrounding rural areas due to differing heat capacities of building materials and vegetation. A heat island effect results in the city. The heat island 5 Interview of Don Barbaric, Meteorologist, Air Pollution Control Division, Colorado Department of Health, January 1981 -4-

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effect is compounded by combustion processes going on in the city. The radiational cooling mentioned above which contributes to temperature inversions is thereby enhanced. Such radiational cooling is also enhanced by efficient systems for removal of rainwater as evaporative cooling is prevented. This likewise enhances radiational cooling. Skyscrapers and other tall buildings can act as a block to the wind which would otherwise allow the pollution to be blown out of the city. The pollution likewise has its impact. In general , sunshine is 15% less than normal over cities. This is because the pollutants scatter and absorb solar radiation. Precipitation is higher over cities and fogs are more frequent. This is because pollutants add either ice nuclei or cloud condensation nuclei which alter the 6 precipability of clouds. Development patterns affect man's activities and levels of energy consumption. Haphazard development patterns and urban sprawl thus aggravate the air pollution problem. Not all of man's development patterns need be negative with regard to air pollution. Open space and vegetation can decrease the urban temperatures and thus ameliorate the radiational cooling going on at night. Open space and vegetation can also absorb pollutants by acting as 6 Weisberg, Josephs. , Meteorology: The Earth and its Weather, N ew Jersey, 1976 -5-

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sinks. "Proper" development patterns can reduce energy consumption, thus reducing incomplete combustion processes and the resultant air pollution. And what about the location of major highways with respect to wind currents? A properly located highway could make a big difference in pollution levels_in the city. B. The Pollutants 1. General The chemical environment includes both man-made and natural sources of contamination. A certain level of "contamination" is naturally present and is referred to as background. A problem develops when the environment is saturated with substances burdening the ecosystem and interrupting the web of interactions upon which all life depends. There are thousands of substances, organic and inorganic which are known to be toxic to man and the environment at high levels of exposure. 2. "Legitimate" -The Standards Of these thousands of substances, some concern us more than others --some for their impact on human health, and others for their impact on global climate. Certain airborne contaminants have been given legitimacy by the federal government and help put parameters on the problem. federal standards have been set for the following -6-Primary

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pollutants: carbon monoxide (CO), ozone (03), nitrogen dioxide (N02, NOx), sulphur dioxide (S02), particulates, and lead (Pb) (1978 addition). Carbon dioxide (co2 ) likewise concerns us, though no standard has been set for this pollutant. Of the standards set by the federal government, Denver is frequently in violation of CO, NOx, particulates and o3 • so2 is generally not a problem here. Denver uses the pollutant standards index (PSI) to monitor various pollutants. The table below reflects the standards and the PSI. PSI Air Index Quality Value Level 500 400 300 200 100 50 0 Significant harm Emergency Warning Alert NAAQS TSP (24-hr) 1000 875 625 375 260 75 0 so2 (24-hr) g/m3 2620 2100 1600 800 365 80 0 co (8-hr) g/m3 57.5 46.0 34.0 17.0 10.0 5.0 0 1200 1000 800 400 240 129 0 3750 3000 2260 1130 The actual standard for CO is 9 ppm averaged over an 8-hour period, for o3 -.12 ppm, averaged over a 1-hour period, and for particulates 260 micrograms per cubic meter for 24 hours. 7 Council on Environmental Quality, Environmental Quality 1979, u.s. Govt. Printing Office, Washington, D.C. 1979, pp. 20-21 -7-

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From November 1973 to Denver 1979, there were 13 alerts, lasting a minimum of 5 hours to a maximum of 31-1/2 8 hours. Other pollutants such as asbetstos, beryllium and mercury are recognized as a health hazard but no ambient standards have been set for these pollutants. The EPA must set emission standards that incorporate an ample margin of safety to protect the public health. Both CO and co2 result from the oxidation of organic fuels. CO and co2 together constitue the largest volume of any chemical compound emitted by human activities. o3 is formed from a combination of hydrocarbons and NOx in presence of sunlight. Hydrocarbons result from incompletely burned fuels. NOx are formed when nitrogen combines with oxygen at high temperatures. Increase in NOx is a by-product of certain emission controls aimed at hydrocarbon and CO reduction. Particulates include a number of suspended particles in the air --dirt, soot and dust among them. They result from human activities in areas of construction, street sanding, wood-burning, and the burning of diesel fuel. 8 Colorado Department of Health, Report to the Public 1980, Vol. 1 -8-

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Lead is emitted by vehicles burning leaded fuel and certain stationary sources. Certain patterns of pollution are evident in Denver. First, we have a diurnal problem which reflects the rush hour. Second, we have seasonal and locational differentials. Carbon monoxide --the least visible and the worst area pollutant is primarily a winter phenomenon. It tends to be worse in the downtown area due to increased combustion activities. Ozone, on the other hand is primarily a summer phenomenon, caused by intense sunlight reacting with hydrocarbons produced by the automobile. It is more of a problem in the suburbs. The ingredients for an ozone problem are heat and sunlight, NOx and hydrocarbons. If ozone stays in the inter-city, other pollutants will have a scavaging effect on it and it will tend to dispurse. On the other hand, if the cloud drifts out to the suburbs at a slow rate of speed, it will grow. c. The Sources 1 . Natural Not all pollution is man-made. Natural events take place which impact the air. The natural decaying of organic matter, for example, releases certain substances into the air. A forest fire in the foothills can affect Denver's air negatively. The eruption of Mt . St. Helens is a recent example of a natural event which impacted our air. -9-

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The effects of natural occurrences is not the real problem, however. The real problem results from human activities. 2. Man-Made Sources of man-made air pollution are both mobile and stationary. Examples of mobile sources include spraying from pesticides for agricultural processes, residue from coal trains passing through, and the internal combustion engine. The major perpetrator of the air pollution crime is the automobile. It is responsible for: 93% of current CO emissions; 85% of the HC emissions (precursor of o3); 75% of the particulates; and 37% of NOx emmissions. Stationary sources include industrial processes, solid waste disposal, fuel combustion and electrical power generating stations which are primary sources of NOx (50%) and particulates (11%); space heating for NOx (10%) and 9 construction activity for particulates (13%) The automobile does not always have to be mobile to cause a problem. We have three phenomena occurring in this regard. First, we have a cold start. This is when the automobile is started after having not been run for several hours. The carburetor in this instance "does not effectively vaporize the gasoline before it is injected into 9 "Summary of the Plans Prepared by Local Government for Inclusion into the Colorado State Implementation Plan", Oct. 5, 1978 -10-

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10 the combusion cylinders." Exhaust e missions are greatly increased. Second, vve have a hot soak which occurs after the automobile is turned off. The gasoline remaining in and around the carburator which would have been burned is vaporized by the engine heat. The third area is referred to as diurnal breathing loss. All automobiles are equipped with a breather valve which relieves excess gasoline vapor pressure within the tank. An analysis of auto emissions in the Pittsburgh area concluded that cold starts cause: 24% of CO emissions, and 14% of trip-related hydrocarbon emissions; hot soaks cause: 26% of trip-related hydrocarbon emissions. We thus get 40% of trip-related hydrocarbon emissions being independent of trip length and speeds. This means that: 10 Denver Regional Council of Government, "The Relationship Between Air Quality and Urban Development Patters," 1977, pp. 16-17) -11-

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76% of CO emissions and 55% of CH emissions 11 occur during actual running • . D. Health Effects 1. Problems Encountered A study done by the Council on Environmental Quality (CEQ) ranked Denver in the unhealthful range 30% of 12 the time. This status is shared with only 5 other cities (Cleveland, Los Angeles, Louisville, New York and Riverside). "Persons with respiratory disease are advised to stay indoors today" is a common expression in the Denver area especially in winter. This warning is issued on days when pollution is "poor." In case of a severe episode, the governor can shut down the city. Air pollution standards are set with the public health in mind. Thus, there is an intuitive acceptance of the fact that air pollution is bad for health. There is a relationship between air pollution and greater chest ailments in urban areas and increases in bronchitis, emphysema and lung cancer. I recently spoke with a physician on his return from a conference in India 11 Ibid, pp. 17-18. 12 Council on Environmental Quality, Environmental Quality 1979, U.S. Gov't Printing Office, Washington, D.C., 1979. -12-

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13 attended citizens from all over the world. The air there was so bad, he said, that who had never had any indication of a tendency towards asthma were having asthma attacks. Indeed, the fact that pollution episodes such as the one occurring in Donora, Pennsylvania in 1948 and in London in 1952 have resulted in many deaths would seem to be evidence of a relationship between air pollution and ill health. The literature on health effects, however, takes a conservative stance. Health effects are difficult to quantify. Many intangibles are involved. First, any epidemological study is compounded by our mobile society. How is one to know whether the particular diseased' state resulted from environmental contamination due to air pollution in Denver? Likewise, how is one to know whether the particular effect resulted from environmental contamination or even air pollution? Any number of factors, singularly or cumulatively, can cause symptoms. Age, sex, state of health, genetic predisposition, pre-existing disease, activity level and personal habits all play a part. Next, we have the problem of "subclinical effects" of individual pollutants. These are individual responses which don' t particularly point to any disease, but which neverless 13 Dr. Stephen Kaufman, Denver, Colorado, January 1981 -13-

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14 impact the population. Exposure time, concentration of pollution and individual suceptibility are also important. Obviously, health effects is a difficult with which question to deal. At this time, the extent to which air pollution damages us is unknown. It is likely that air pollution is one of a myriad of stresses acting upon the body and weakening t h e body's defense systems. This is the concept of body burden. 14 Body burden is the amount of element or compound in the body at any time • The total body burden at any time is due to the sum of exposures from many sources such as hobbies, food, • and the ambient and occupational environment. Total body burden is the sum of burdens for all the individual organs one or more of which may be considered as critical organs. A critical body organ is that organ of the body which when damaged by a pollutant results in the greatest damage to the body. It is readily apparent that may factors must be considered in determining which affected organ will cause the body to suffer the greatest damage. The criteria of prime importance in determining which organ is critical are: 1) the organ that accumulates the greatest concentration of the pollutant; 2) the essentialness or indispensability of the organ to the well-being of the entire body; 3) the organ damaged by the route of entry of the material into the body. Miller, Alvin L., " B o d y Burden" in Energy Utilization and Environmental Health -14-

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4) the sensivity of the that is, the organ damaged by the lowest dose." When the stresses reach a certain saturation point, then the body starts to react. Which particular body system reacts first is dependent upon genetic background and environmental factors. An important question to ask is what proportion of the total body burden does air pollution contribute, and for which people. On the other hand, what can definitely be said is that certain segments of the population are more suceptible to the effects of air pollutants than others, i.e. those 16 with pulmonary disease and cardiovascular dysfunction. These pre-existing diseases are aggravated by air pollution. Also, individual organs are affected by individual pollutants. Below are examples of how individual pollutants affect specific body functions. CO, for example, is known to react with hemoglobin, creating carboxy hemoglobin, and thus circulates in the blood replacing oxygen. The body compensates by producing more red blood. cells, but a problem results in that the blood gets thicker and the heart thus has to work harder to pump the blood. 15 16 Ibid, p. 47 Ibid -15-It increases the

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17 clotting tendency of blood and enhances edema formation. Thus, those with a pre-existing heart disease are affected. Denver's altutide, with low levels of oxygen, causes this response in the human body anyway. CO compounds it. Sulfur dioxide is known to be a respiratory irritant. When S02 is experienced in association with particulates, it may be absorbed onto the surfaces of respirable aerosols and carried into the lower respiratory tract. There the droplets may be transformed into more highly irritant substances such as sulfuric acid and metallic sulfates. The health effects are increased respiratory symptom s in patients with chronic bronchitis, increased frequency of asthma attaks and multiple lung 18 function changes over long-term exposure. The toxological action of particulate matter may occur in several ways: (1) the particles may be intrinsically toxic; (2) they may interfere with clearance mechanism s in the respiratory tract; and (3) the particles 19 may interact with, or act as a carrier of, toxic material. Ozone is recognized as a broncho-pulmonary irritant that adversely affects lung tissue and parameters of lung function. T Nhen inhaled it initiates biochemical 17 Colorad o Department of Health, Re port to the Public 1980, Vol. II 18 I bid I p . 27 19 Miller, Alvin L., " B o d y Burden," i n Ener g y Utilization and Environmental H ealth, Richard A. Wadden, Ed., Wiley, New York, 1978 -16-

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20 changes in the blood. No 2 is a reddish-orange-brown gas. The health effects are to increase airway resistance and increase 21 asthma attack rate. Lead tends to affect children ages 1-5 and pregnant women and their fetuses the most. It effects impairment of hemesynthesis (heme being a component of 22 hemoglobin). It is cumulative in the human body. E . Other Effects Air pollution has other effects besides the "obvious" health one. Visual pollution is becoming a problem. The are a number of nice sunny days on which a view of the mountains is impaired by haze. Odor pollution is likewise a concommitant effect. Simply put, auto exhaust stinks. Industrial processes cause various odors also. These odors are unpleasant. Materials are affected. Air pollution has corrosive qualities which contribute to the deterioration of cities. It eats away at stone and metal and discolors house paints. Property values are also affected: 20 21 22 The empirical evidence from nearly all previous analyses of air pollution and property values suggested that there is a statistically Ibid Ibid Ibid, p.32 -17-

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significant association.23 The ecosystem as a whole is affected. The atmosphere is being affected.by man's activities. The burning of wood and fossil fuels increases the amount of carbon dioxide in the air. Short wave radiation from the sun can pass through the carbon dioxide. However, the heat that rises from the earth's surface cannot, thus much heat rising from the earth's surface does not escape to the atmosphere and we have a greenhouse effect. Nitrous oxide is increasing in the atmosphere as a result of industrial processes. This may be weakening the ozone layer. This layer is vital to life on earth as it absorbs germicidal ultraviolet. Another example of disruption of the ecosystem is a phenomenon that is receiving much attention recently --acid rain a sulphuric and nitric acid resulting from pollution falls from the atmospnere in acid rain. This erodes buildings, destroys crops and affects water quality. Fish populations are particularly affected. According to the EPA, "There is so much acid in some rains that they do not meet Environmental Protection Agency • • water quality 23 Smith, V. Kery, The Economic Consequences of Air Pollution, Ballinger Pub. Co. 1976 -18-

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24 criteria for acquatic life." Plants are affected by sulphur and many die if exposure is long and continuous. This has implications for microclimates within the city and aesthetics. Certain forested regions in California now are dead from this exposure. Luckily in Denver, sulphur is not that much of a problem. However, the example is illustrative of what could happen. Not only are the plants affected, but also affected are the plants and other life dependent upon the plants. And what about the recreation and tourist industries dependent upon the forested areas? F. Cost The cost of air pollution to society in terms of health is as difficult to quantify as the health effects, but such costs include individual payment for health care and resultant health care programs, loss of individual productivity, and loss of time from work. It is anybody's guess what other impacts are resulting from subclinical effects and body burden. What about all the advertising of Denver's pollution problem? Does this prevent tourists from coming to Denver affecting the economy dependent upon tourists? And what about the cost of implementing air 24 "Acid Rain", EPA-600/9-79-036, July 1980. -19-

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pollution control measures? The Environmental Protection Agency estimates the dollar costs of air pollution to vegetation, materials, property, and health --at $16 billion per year, or about $80 for 'each person in the u.s. Of this total, the costs of human illness and death in the neighborhood of $6 billion. SUMMARY Air pollution is a problem for health and other reasons. We are experiencing frequent violations of federal health standards for CO, NOx, particulates and o3 • Reasons for standard violations include natural and man-made phenomena. Natural phenomena include Denver's high altitude and location with respect to the mountains. These two factors cause temperature inversions in Denver every day. On some days these inversions break up readily. On other days the inversions do not break up and pollutants build up, leading to pollution episodes. The primary man-made factor is the automobile. Its emissions are responsible for a majority of the the problem. The driving habits of the Denver residents and the fact that automobiles pollute much more at this altitude are also contibuting factors. This chapter has been a description of the problem. The nex t chapter will be a description of the policies that have developed in response to the problem. 25 Conservation Foundation, "A Citizen's Guide to Clean Air" -20-

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II. DENVER'S PRESENT RESPONSES TO THE AIR POLLUTION PROBLEM A. History Before addressing the present situation, an historical perspective is necessary to provide a context for understanding how we got to where we are today. Public opinions and attitudes of the era are important in shaping policy. Past policies were responsive to past attitudes. The historical perspective must therefore incorporate the attitudinal framework of the time. Very briefly, in the past, resources were considered plentiful and enviromnental pollution was not so overwhelming as it is today. For these and other reasons, society was able to develop around the private automobile. Both our development patterns, i.e. suburbs and our habits, i.e. drive-in facilities, reflect this. Our marriage to the automobile is thus deep rooted. Prior to the time of air pollution legislation, air, water and land were conceived of as sinks into . f' . 26 people could 1n 1n1tely dump wastes. One had a right to do as he pleased with his wastes. Complaints about pollution were often dismissed in the name of progress. This type of thinking has existed up until recent times, with 26 Wenner, Lettie McSpadden, One Environment Under Law, Pacific Palisades, Ca, 1976 -21-

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attitudes changing only in the last two decades when the cumulative effect of many interacting forces produced Earth day and the concept of Spaceship Earth. There were, of course, some early farsighted thinkers, who lay the groundwork for the environmental movement. In 1872, 2 7 Yellowstone became the first National Park. Subsequently millions of acres were added to the National Forest System. Such thinking was the exception rather than the rule. Court was the arena for one who felt damaged by another's pollution. A person could seek compensation for a personal injury, but the burden of proof was on the plaintiff. This process was expensive and not generally . . . 28 JUStlfled. A plaintiff could apply for a court order enjoining defendants to change behavior. Again, early court decisions generally considered pollution a necessary evil for the public good. Some degrees of pollution were tolerated, others were not. 29 it posed a health threat. Pollution was controlled when Initially, local officials were concerned with such issues as open burning, smoke emission, etc. This 27 Council on Environmental Quality, Envirorunental Quality 1979, u .s. Gov't Printing Office, Washington, D.C., 1979 28 Wenner, Lettie McSpa dden, One Environment Under Law, Pacific Palisades, Ca. 1976 29 Ibid -22-

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early response considered pollution a nuisance. Early statutes and ordinances were vague, thus subject to arbitrary and capracious interpretations by the courts, and 30 essentially non-enforceable. The evolution of current federal legislation began in 1955 when the first federal law dealing with air pollution was enacted. That law established the basic framework for the future development of air pollution control legislation when it it stated: The Congress finds • . • that the prevention and control of air pollution at its source is the primary of states and local governments. The primary concern of this law, however, was research into the nature and extent of the air pollution problem. In 1963, federal legislation was enacted which authorized grants to state and local agencies to assist them in their control strategies. The federal governinent was also given . . 32 some authority for 1nterstate pollut1on problems. In 1965, auto emission standards were set by the u.s. Congress. In 1967, the Air Quality Act strengthened the 1963 Act. Citizens were given a statutory right to participate in the control process through public hearings. 30 Ibid 31 Conservation Foundation, "Citizen's Guide to Clean Air" 32Ibid -23-

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In 1970, air pollution control received a major boost through the Clean Air Amendments (known as the Federal Clean Air Act of 1970) which established air quality control regions based on climate, meteorology, topography, urbanization and other factors. It also established National Ambient Air Quality Standards with which the states had to comply. Such standards were primary and secondary primary standards being designed to protect the public health and secondary standards being designed to protect the public welfare. States were required to develop implementation plans showing how they would meet, maintain and enforce the federal standards. If a state did not make a reasonable effort to meet the standards, or failed to submit a satisfactory plan, the EPA would develop an implementation plan for the state, which the state then had to carry out. The Act also called for standards of performance to be developed by the EPA. These standards of performance constitute the maximum permissible emission levels for given pollutants at their source.33 There were major problems with this legislation, however. The 1970 legislation took the approach that had been taken in regards to stationary sources, i.e. the proprietor was held responsible. With mobile sources, that proprietor became, indirectly, some entity of government. 33 Clean Air Act of 1970 -24-

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Technically, a governor could end up in jail. This legislation angered many politicians and many suits (234) f . 0 0 34 were 1led regard1ng 1t. Early Colorado legislation, the Colorado Air Pollution Control Act of 1966, amended in 1967, provided for ambient air quality standards for the state and emission standards in designated basins. It also permitted local authorities to enact laws consistent with or more restrictive than the state act. As these laws were evolving, sociologically events were occurring which would lead to an environmental movement. Very briefly, such events included the civil rights movement and a questioning of society's values in the 60's. The advent of Earth days in the 1970's and the 35 simultaneous opposition to the Vietnam War. All these were "causes." With the end of the war, the need for a cause \vas still there. The environmental movement was a prime candidate. These past actions and the trends of the time resulting in an increased awareness of environmental problems provide the foundation for current policy. 34 Interview with John Philbrook, former Chief Air Programs Branch, EPA, Region VIII, Denver, Colorado, Jan. 1981 35 0 0 0 Counc1l on Environmental Qualtiy, Env1ronmental Qual1ty 1979, u.s. Gov't Printing Office, Washington, D.C. 1979 -25-

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B . Policy (The Current Situation) Policy is a nebulous and intangible area, being the cumulative effect of many different interacting factors. It is a process continuing in nature and constantly being shaped and dependent upon continual feedback to reveal its strengths and weaknesses. Policy has very definite stages including formulation, adoption, implementation and f 36 1' . . . . eedback. Po lcy lncludes the goals, actlons and lnactlons of government. Policies may support or conflict each other. This section vJill describe existing policy, i.e. the goals and actions of government and the feedback received on those goals and actions. 1 . Goals Policy was defined earlier as including the goals of government. Examination of various documents reflects the goals in regards to air pollution, goals being important in establishing direction and support for the action we take. Examples of general policy statements or goals are found ln both legislative and administrative documents. Federal legislative goals are: l . Protection and enhancement of the Nation's air resources so as to promote the public health and welfare and the productive capacity of 36 Anderson, James E., Public Policy Making, New York, 1976 -26-

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its population; 2. initiation and development of a national research and development program to achieve prevention and control of air pollution; 3. provision of technical and financial assistance to state and local governments in connection with the development and execution of their air pollution prevention and control programs; and 4. encouraging and assisting the development and of regional air pollution control programs. The legislative declaration of the Colorado Air Quality Control Act states as follows: • it is declared to be the policy of this state to achieve the maximum practical degree of air purity in every portion of the state, to attain and maintain the national ambient air quality standards, and to prevent e1e significant deterioration of air quality in those portions.of the state where the air quality is better than the national ambient air quality standards. C.R.S. 1973, -7-102, as amended 1979. states: Local Ordinance 531, Series of 1971, .1-l This ordinance is enacted to protect, preserve, and promote the health, safety, and welfare of the citizens of the City and County of Denver through the reduction, prevention and control of air pollution. It is the intent of this ordinance to establish and provide for the enforcement of air quality standards which will assure that ambient air be adequatley pure and free from smoke, contamination, pollutants o:c 37 . Clean A1r Act, as amended 1977. -27-

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synergistic agents injurious to humans, plant life, animal life, or property, or which interfere with the comfortable enjoyment of life or property or the conduct of business. Various administrative documents also make general goal statements. The following are examples: The "Colorado Air Quality Control Regulations and Ambient Air Quality Standards" states that its intent and purposes are: l. To achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, prevent unreasonable interference with the pubLic welfare, preserve visability and protect scenic, aesthetic and historic values of Colorado, 2. To require the use of all available practical methods to reduce, prevent, and control air pollution for the protection of the health, safety, and general welfare of the people of the State of Colorado. In order to achieve air purity consistent with this intent it is necessary, ultimately to control air contaminant emissions to such a degree of opacity so tha the emissions are no longer visible, 3. To prevent significant degration of Colorado's air resource, 4. To prevent odors and other air pollution problems which interfere with the comfortable enjoyment of life, and 5. To apply the major resoures of the Colorado air pollution control progra ms toward solving priority air pollution problem. The Commission recognizes that the growth in the a mount and complexit y of air pollution in Colorado is brought about by and indicent to population growth, mobility, increased affluence, industrial development and changing social values in said State. The Commission believes that the air pollution problem is likely to be aggravated and -28 -

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compounded by additional population growth, mobility, affluence, industrial development, and changing social values in the future, which are likely to result in serious potential danger to the public and the environment. Therefore, the Commission intends to pursue solutions, in conjunction with other appropriate agencies and interests which have a direct interest and capability in solving a growing air pollution problem in relation to the broader envirorunental degradation problem. It is the intent of the Commission to coordinate with industrial, commercial, agricultural and transportation planning organizations, the public, the legislature, educational organizations, and other major interest in manner as to prevent air pollution in Colorado. The "Denver Regional Element of the State Implementation Plan" lists the following guidelines at page 3. 38 l. Emphasize the implementation of reasonable, technological changes to bring improvement in air quality from both automative and stationary sources. 2. Emphasize volunteer actions to reduct Vt4T and clean up automobile emissions by such things as incentives for car/vanpooling, mass transit, walking, bicycles, etc. 3. Minimize life-style changes and disruptions as much as possible and, where these measures appear necessary, attempt to obtain the best data possible and critically analyze this data as to the costs and benefits of these life-style changes on air quality and on people's health, safety, and welfare. 4. Regardless of the strategies chosen, attempt, so far as possible to make the strategies fairly and equitably applicable to citizens throughout the Metropolitan Denver area. Colorado Department of Health, "Colorado Air Quality Regulations and Ambient Air Quality Standards" -29-

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Documents other than specific air pollution documents reiterate our concern about air contamination. "A Comprehensive Plan for Denver" states: The City should select, locate and design transportation facilities which minimize or reduce pollution. (p. 43) The "Denver Regional Growth and Development Plan" at page 61 recommends as follows: Air pollution in the Denver Region must be reduced in order to achieve national, state and regional air quality objectives including attainment of national ambient air quality standards, which protect the public health and improve the region's aesthetic character. The "Assessment of the Year 2000 Restated Transportation Plan" by DRCOG states: In order to develop an acceptable Transportation Plan, the contribution of vehicle emissions to regionwide air pollution should be minimized so as to assist in the maintenance of mandatory ambient air quality standards. p. 61. A goal of the Regional Transportation District is to double transit ridership for the five-year period ending 12/31/82. "Energy Couscious Planning" by the Office of Energy Conservation states at page 7 in regards to energy policies: Local and state actions should be implemented which will: support the desirable air • quality goals established by the SIP . -30-

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These goals reflect knowledge that a problem exists and that it does not exist alone, and that something must be done about it. The thread common to many of them (other than the traditional health and welfare language) is the attainment of national standards. 2 . Actions Actions are also within the scope of the definition of policy, and are to be responsive to the goals discussed above. Various actors share the air pollution arena in Denver, shaping the policy. Such actors include lawmakers, i.e. the Governor, Congress-persons and senators, and state and local legislators; those with statutory authority such as federal government officials, i .e. the Environmental Protection Agency (EPA), State goverrunent officials, including the Air Quality Control Commission (APCC), the Air Quality Hearings Board, and the Air Pollution Control Division of the Colorado Department of Health (APCD) (enforcement) in addition to the State Highway Department; and local officials, Denver Department of Health and Hospitals, Air Pollution Control, which agency enforces the local ordinance and contracts with the APCD to enforce State regulations. The Denver Regional Council of Governments (DRCOG), who was responsible for developing the Denver Regional Element of the State Implementation Plan, the Regional Transportation District, and the Front Range -31-

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Project Natural Resources Task Force, are other local agencies involved in the area. There are other contributors to policy besides government entities. Interested citizens, various coalitions, environmental groups, business interests, industry (particularly the auto industry), politicians, and the courts likewise make a contribution. The above list consists mainly of legislative and adm inistrative actors, with the legislative providing the guidelines and support for the administrative. a. Legislative i. Federal The action which has had the major ramifications and upon which other actions depend is the federal legislation, i.e. the Clean Air Act. This legislation provides guidelines for administrative personnel. Current legislation, i . e . the 1977 amendments to the Clean Air Act took a different approach from previous legislation. First, the idea of holding elected officials responsible for the problem was abandoned. Instead, a funding approach was taken. In this manner, the SIP had to right existing wrongs or federal funds would not be granted for construction of new roads and sewage treatment plants. Secondly, much control was previously vested at the state level. States, however, don't have much authority particulary with so many home rule cities. The Act was amended to vest planning -32-

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39 decisions at the local level. The amendments called for revised State I mplementation Plans (SIPs) due January l , 1979, for those states not in compliance with the federal standards. The deadline for those states not in compliance with the federal standards is December 31, 1982. In certain circumstances, extensions could be granted until December 31 , 1987, for areas which cannot "reasonably attain" these standards. Colorado falls into this category, with Denver being a non-attainment area for four pollutants, CO, o3 , particulates and No2 until 1982. Denver is currently revising its 1979 implementation plan due in 1982 showing how it will meet 1987 standards. It is predicted that Denver will still be a non-attainment area in 1982 for CO, 03 and particulates, and Predictions for 1987 indicate attainment of the CO standards with ozone concentrations still exceeding the standard, but to a lesser degree. Particulate concentrations were not predicted for 1987, but without additional control measures, this pollutant would also be expected to exceed standards.40 Other federal legislation affecting air quality is the National Environmental Policy Act (NEPA). This Act requires an envirorunental impact statement for all federal 39 John Philbrook, former Cheif, Air Programs Branch, EPA, Region VIII, Jan. 1981 40 Denver Regional Council of Governments, "Denver Regional Element of the State Air Quality Implementation Plan", November 15, 1978, p . ii -33-

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agencies on major proposed actions \vhich might affect the environment. ii. State In 1979, the Colorado Air Quality Control Act was enacted. It repealed and reenacted the 1970 legislation and was intended to bring State laws into conformity with the Federal Clean Air Act, as amended in 1977. The Act likewise distinguishes attainment and non-attainment areas. The Air Quality Control Commission was designated as the rulemaking authority. The Air Quality Hearings Board was designated the appellate authority, and the Air Pollution Control Division of the Colorado Department of Health was designated as the enforcement authority. In 1980, other Colorado legislation which arose was the inspection and maintenance program. The EPA would not approve the implementation plan because it did not contain an adequate inspection and maintenance program. Thus, this program was "forced" on the Colorado Legislature 41 by the EPA. This program, for the nine Front Range Counties, is aimed at keeping manufacturer-installed emission control systems at peak efficiency and insuring that they operate as intended by the manufacturer. Beginning July l, 1981, all light duty vehicles 1968 and 41B'llB . . . d l arrow, Executlve Vlce Presldent, Colora o Auto Dealer's Association, Feb. 1981 -34-

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newer which undergo a change in ownership, and all government-owned vehicles will be required to undergo an emissions inspection. Voluntary participation by others is also allowed. Those vehicles failing to meet standards will be required to have minimum adjustments performed. Beginning January 1; 1982, all 1968 and newer vehicles will be required to undergo an annual inspection and adjusbnent if necessary. iii. Local Denver City and County legislation dealing with air pollution control is or Ordinance 531, Series of 1971. It deals mainly with emissions. The Denver Department of Health and Hospitals is reponsible for its enforcement. While this legislation is important in controlling emissions in Denver, the state and federal legislation and the SIP are more reflective of policy. b. Administrative In keeping with the intent of the legislation, administrative actions are to be the responsibility of state and local governments, with the federal government being a watchdog intervening when state and local officials fail to perform to the federal goverrunent's satisfaction. An example of this is the inspection and maintenance program previously mentioned. Administrative actions are responsive -35-

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to the legislative framework and the budgeting received. They include planning and research activities. There are five basic types of actions aimed at cleaning up the air. They are stationary source control, particulate control, land use, vehicle mile reduction strategies and direct emission control strategies. Different strategies have different proportions of ameliorative potential. For example, according to one source, VMT strategies will account for 5% reduction in the problem while direct emission control strategies will acount for 40%42 The following chart from DRCOG "Directions for the 80's" is illustrative of the effectiveness of various strategies: Vehicle Emission Reduction, 1980-1987 Carbon Monoxide Ozone 1980 1987 D Emissions D Auto Inspection & Readjustment 1980 0 Vehicle Emissions Control D Other Measures 42 Ray Mohr, Senior Planner, Planning & Analysis, Colorado Dept. of Health, February 1981 -36-1987

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Nevertheless, cumulatively, we need all these strategies. Following will be a list of those actions currently being taken or called for and their status. 1. Stationary Source Control Strategies The Colorado Air Quality Control Commission has promulgated standards relating to stationary source control. They are found in "Colorado Air Quality Control Regulations and Ambient Air Quality Standards." These regulations provide guidelines for permitting new stationary sources, as well as enforcement action againt violators of the standards. N o additional stationary soure controls have been recommended in the State Implementation Plan since it is felt that the greatest possible control is already being 43 applied. 43 Colorado State Implementation Plan -37-

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2. Particulate Control The Denver SIP included a proposed particulate control program that would address emissions from: street cleaning practices, winter street sanding/snow control practices, paving of unpaved roads, control of mud and dirt carryout sources, control of construction, grading, excavation and demolition activities, paving or stabilization of unpaved alleyways and parking areas. A study was to first be conducted on the effectiveness of these actions. Changes have occurred in this program since its conceptualization. Currently what is recommended is a summary report on the sanding/cleaning control program and summary reports on other control measure studies being conducted elsewhere in the country. Tne reason for the change is the EPA reassessment of the particulate situation . . . 44 1n terms of a mod1f1ed standard. 3. Land Use Strategies Land use strategies being called for include the land use air quality handbook called for in the Denver SIP and contiguous development, development of activity centers, preservation of open space, residential development in 44 Colorado Dept. of Health, "Implemention Colorado's Air Quality Plan: A Progress Report," Sept. 1980 -38-

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proximity to activity centers, maintenance of free-standing communities, DRCOG 2000 urban growth boundaries. The land use air quality handbook has been completed. Its use is to guide those who must make development decisions with regard to air quality.45 The remaining actions are part of the Denver Regional Growth and Development Plan which is the official document guiding growth and development for the Denver Region. 4 . VMT Reduction Strategies The Denver Regional Element of the State Implementation Plan calls for the following specific VMT reduction actions: 45 1. Variable Work Hours -a study to reduce peak hour congestion; 2 . Variable work hour demonstration program; 3. HOV lane study to identify desirable corridors and to specify specific treatment in selected corridors; 4 . Regional bicycle plan; 5 . Preparing a parking management plan which recommends controls in various activity centers to create incentive for HOV, bicycle and most transit usage; DRCOG, "Land Use Air Quality Handbook" -39-

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6. Regional traffic signal control plan, i.e. improvements to reduce vehicle idlingand thereby reduce mobile source emissions; 7. TSM action evaluation --developing a refined estimate of VMT of 'emission reductions achieved from TSM actions; 8. Rideshare progrilln --improving current carpool matching service, development of additional promotional activities and development of a van pool technical assistance and marketing program; 9. Development of employer based incentive programs to promote transit usage, carpooling, van pooling, and bicycling; 10. Annual update of the five-year capital improvements plan for the Regional Transportation District; 11. Develop employer based progams to encourage provision of incentives for employees to use mass transit; 12. Fare incentives to help achieve the RTD goal of doubling transit ridership; 13. Develop and implement market initiatives which will assist in doubling transit ridership by 1982; 14. Assess implementation strategies for rapid transit development in the Southeast corridor; 15. Develop a HOV lane on Santa Fe; 16. Double RTD ridership. Listed below will be the status of various activites called for in the SIP: Completed Strategies variable work hour study variable work hour demonstration program Sante Fe HOV lane study regional bike plan TMS action evaluation rideshare program -40-

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trategies With Problems HOV lane study parking management study regional traffic signal control plan transit development program fare incentives Southeast corridor project46 Thus, of the 16 VMT reduction strategies listed, all but 6 are either completed or on time. The six strategies which are running into problems will be discussed in Part III. 5. Direct Emission Reduction Strategies DRCOG has taken one specific action in this regard, i.e. trying to get local governments to enact ordinances aimed at smoking vehicle emissions. This has met with success. At least 12 municipalities in the vicinity have established such ordinances.4 7 Another direct emission control strategy is the federal Motor Vehicle Emission Control requirements. Denver, however, needs controls above and beyond this strategy. DRCOG has specifically recommended that a mandatory inspection and maintenance program be included in the SIP to contribute the necessary reductions in air pollution. 4 6 Ray Mohr, Frank Sharpless, "Implementing Colorado's Air Quality Plan" 47 Frank Sharpless, Air Quality Planner, DRCOG, March 1981 -41-

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pollution. Another direct emission reduction strategy is aimed at high altitude vehicles. As stated previously, EPA has determined that at high altitudes, cars produce 50% more HC and 100% more CO. Also stated previously, we had high altitude regulations in 1977 as part of the Clean Air Act. These regulations were discontinued after that year because problems the auto industry and the purchasing public were having. These problems arose becuase only certain model vehicles could be marketed here. If a purchaser wanted a vehicle that wasn't marketed here, he would merely go to another state to purchase that vehicle.48 13 of the amendments to the Clean Air Act of 1977 revoked these high altitude regulations, prohibited the establishment of any other regulation governing the sale or distribution of motor vehicles at high altitude prior to 1981 and required that beginning with model year 1984 , all new light duty vehicles comply with the applicable emission standards regardless of the altitude at which they were sold. For the interim period, between 1981 and 1983, EPA has promulgated regulations relating to 1982 and 1983 model year light duty vehicles and light duty trucks sold for principal use at altitudes above 4,000 feet. They included a provision that would help dealers with the problem of limited availability 48 Federal Register, Wed. Oct. 8, 1980, Vol. 45, No. 197, 66984 -42-

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of models. That provision stated that all cars sold at high altitude had to be capable of modification. As the Clean Air Act now reads, all 1984 vehicles must meet high altitude emission standards regardless of the altitude at which they are sold. The status of this regulation is "up in the air" because the Clean Air Air is up for review this year and both the Reagan Administration and the National Commission on air quality are recommending a two-vehicle strategy, i.e. one for low altitudes and one for high altitudes. Thus any vehicle sold at high altitude would have to meet the high altitude standards and any vehicle brought in from low altitude would have to be modified. As mentioned earlier, government entities are not the only actors in the arena. Various citizens and special interest groups are also taking actions. Some of these actions involve feedback into the current process and will be discussed later. Other actions are concrete ameliorative attempts. For example, the Denver Chamber of Commerce, the organiation representing Denver's business interests, has formed a coalition entitled "The Business Coalition for Commuting Alternatives". This group's purpose is to help businesses set up rider-sharing programs. One citizen, Steve Schweitzberger, has organized a one-man campaign to clean up the air. His campaign is the "Have A Good Day" campaign. He sells T-shirts to promote awareness of the -43-

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issue and has a slide show which he presents to interested groups, especially school children in the name of education. He has likewise written his own implementation plan.49 C . Support How serious are we about cleaning the air? Are we merely being rhetorical? Are our goals merely illusory or are they tangible ends? Support for actions comes in the form of financing, personnel and research. 1. Financing Federal legislation provides guidelines for financing. Financing is for research purposes and for planning activities. No funding is available for industrial cleanup which is p resumed to be the responsibility of the individual industry. Financing for air pollution control is in the form of two separate funds. One s pecifically relates to air pollution and the other to transportation. These funds are for planning activities to develop, implement and enforce control strategies. The main federal funding available to Colorado is the State Air Program grant administered by EPA and given to the Colorado Air Pollution Control Division. In 1980, the 50 a mount of this funding was approx i mately $1,180,000. 49 , 1 • Schweltzberger, Steve, Steve s Implementatlon Plan, undated 44-

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Other federal funding is provided for in of the 1977 to the Clean Air Act. This funding is administered by the Urban Mass Transportation Administration and goes to organizations of local elected officials in non-attainment areas to aid them in preparing their portion of the SIP. The idea behind the grant is that local officials are involved in planning activities such as land use and transportation and thus can affect air pollution issues. DRCOG is the local agency to receive those funds. For 1980 51 the amount was $300,000. This fund is scheduled to run out in 1982 unless Congress decides to extend it. The State of Colorado also receives funds through the state budget system. These funds are on a 1/3 -2/3 basis with the federal government providing l/3 and the 52 state matching with 2/3. 2. Personnel The Denver office of the EPA for Region VIII has an Air and Hazardous materials section employing about 70 people. Approximately 5 to 10 of these are involved with the Denver pollution problem. TI1eir main involvement is in administering 75 and funds. 50 Dave Kircher, Chief, Planning & Operations, Region VIII, EPA, Jan. 1981 51 Frank Sharpless, Air Quality Planner, DRCOG, March 1981 52 Rom Simsick, Colo. Dept. of Health, Jan. 1981 -45-

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The Colorado Department of Health, Air Pollution Control Division, has a staff of about 60 persons. Its jurisdiction is statewide. Its role is to implement the programs , policies and regulations of the Air Quality Control Commission and to develop recommendations and supporting data. Personnel are involved with planning and analysis, monitoring, and mobile and stationary source 53 control. DRCOG has a staff of 2 working directly on the air quality problem. Most of the projects they do are given to 54 consultants. 3. Research Research is being conducted by both goverrunent and private entities, usually under goverrunent contract, or at the initiation of government. Research can be divided into two categories research into planning and control strategies and research into the nature of the problem. In terms of planning and control strategies, on the national level, the Clean Air Act requires the Administrator of EPA to establish a national research and development program for the prevention and control of air pollution, giving special emphasis to reaearch on the short-53 Colorado Department of Health, Report to the Public 1980 54 Frank Sharpless, Air Quality Planner, DRCOG, Feb. 1981 -46-

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and long-term effects of air pollutants on public health and welfare. The Colorado Department of Health, Air Pollution Control Division, Planning and Analysis section conducts studies to assure the continued competence and relevancy of 55 planning activities in non-attainment areas. The Colorado Department of Health conducts studies of strategies relative to potential reduction of automotive pollutants both as to the effectiveness of planning and control strategies and their implementation. These are described above. On the local level, the Denver Regional Element of the State Implementation Plan has called for a number of studies such as the HOV lane study, variable work hours study and the land use/air quality handbook. In terms of research into the nature of the problem, the Colorado Department of Health, Air Quality Control Division, has a statewide monitoring program designed to collect and analyze air pollution-related data. The importance of this program is to see if air pollution in Colorado is increasing or decreasing and to determine compliance with the air quality standards. It is also important to determine the effectiveness of the State Implementation Plan. The monitoring program is currently being expanded in the Denver metro area. The territory to be covered is being expanded and the grids examined are 55 Colorado Department of Health, Report to the Public 1980, Vol. l -47-

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being tightened. They will now be one square mile as d 1 . . 1 d. d 56 oppose to a arger unlt prevlous y stu le • D. Overlapping Policies Air pollution is not the only issue worthy of our concern and efforts; The banner is carried with equal or greater intensity for other issues. For example, the Colorado Front Range Project, in ranking issues of import to Colorado's future, mentioned clean air issues only twice. Of the 45 issues examined, clean air ranked number 38 (examination of the Clean Air Act) and number 41 (inspection 57 and maintenance program) . 1. Supporting Policies A n air pollution policy which provides support to other policies will be stronger than one which supports no other policies or which conflicts with other policies. In general, policies which deal with environmental issues are likely to be supportive of air pollution issues. Goals of such policies are a cleaner environment more in harmony with nature, which is consistent with the goal of cleaner air. Also, efforts in the name of a clean envirorunent will add 56 . . . . Ray Mohr , Senlor Planner, Plannlng and Analysls Sectlon, Air Pollution Control Division, Colo. Dept. of Health, Feb. 1981 57 Colorado Front Range Project, Conference Report December 1980 -48-

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momentum to the environmental message, filtering into the minds of the masses, spreading environmental awareness. Policies aimed at educating the public about heart and lung disease lend support to the air pollution cause. Policies controlling growth, improving transit alternatives, certain land use decisions and policies preserving open space can all positively affect air quality. One issues stands out above all others as a complementary policy. That is energy conservation. When the oil situation was seen as a potential crisis, for example, the Air Quality Control Commission and the DOE 58 l' officials discussed mandatory no-drive days. A po 1cy aimed at better mass transportation in order to reduce energy consumption has obvious implications for clean air. An increase in the cost of gasoline to conserve energy might also help clean air, as people will have increased incentive for reducing vehicle miles travelled. A number of recommendations for individual initiatives made by the Front Range Project in the name of resource conservation include responsible use of private vehicles, business-organized car pools, ride sharing one day per week, centralized carpool/vanpool services, energy fast of 40 gallons of 59 gasoline per month. All of these support the goal of clean air. 58 Laboyta Garnand, Air Quality Control April 1981 -49-

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The nuclear power issue likewise will affect air quality. Other issues notwithstanding, if we don't rely on nuclear power, more coal and fuels will be burned, thus air quality will be negatively affected. 2 . Conflicting Policies Energy policies may likewise conflict with clean air. The fact that air pollution controls on auto emissions has decreased gas mileage or people perceive this to be the case has caused a number of individuals to take the e mission controls off. More people are seeking diesel automobiles to get better mileage. This increases the particulate pollution. Likewise, the auto industry has to arrive at a 60 fleet fuel economy. This means that for the total fleet there has to be a certain mileage per gallon. The industry thus makes more diesel automobiles to increase total mileage. We thus get more particulate for the higher mileage vehicles and the same lower mileage figures for standard autos. In addition, because the price of gasoline is going up, there is a trend to using leaded fuel in cars 60 designed for unleaded fuel. 59 Colorado Front Range Project, Conference Report, December 1980 60 Frank Sharpless, Air Quality Planner, Denver Regional C ouncil of Governments, March 1981 -50-

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A car can be made to run on propane, in which the emissions are substantially reduced for $700 to $1000. According to the Denver Region Element of the State Implementation Plan, "emissions from such use of propane fuel are significantly lower for CO and hydrocarbons compared to gasoline powered engines. Though NOx emissions are higher." A conflict, however, arises here with home heating fuel. We can't make all our cars to run on a fuel which we need to heat our homes. A special permit is . d h f . b'l 61 requlre to pure ase propane or use ln automo l es. In the same vein, there is a move to using wood stoves for home heating in the name of saving natural gas. The more energy efficient the stove, the worse are the air pollution consequences. Health officials cite wood stove pollution as a carcinogen. An example of a conflict with energy policy and air pollution issues is the "Adopted Policy" of the Air Quality Control Commission as stated in "Colorado Air Quality Control Regulations and Ambient Air Quality Standards" re air pollution control and the energy crisis states, II . the Variance Board may grant a variance for up to one year to an owner or operator of an air contamination source • . for the purposes of delaying installation or temporarily discontinuing use of air 61 Denver Region Element of the State Implementation Plan, DRCOG, November 1978 -51-

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pollution control equipment because of fuels in short supply." Another conflicting policy may be how we deal with the economic problems the auto industry is facing. Energy development in Colorado is certain to bring growth to Denver which, if improperly handled and without compensation in the air pollution area, will have negative impacts on our air --not to mention air quality impacts in Western Colorado where is the development is occurring. Other policies may compete for funding with air pollution. If a policy is considered more pressing, it may get the funding. Air, water and land are the three sinks for waste materials. doesn't go into land and water may go into the air. E. Feedback Feedback is the mechanism by which policy is constantly being reevaluated and reshaped. It is the system's evaluation of itself and how it is working. Various actions have unforseen consequences which need to be revised, or they have consequences which make people unhappy or which some feel are unnecessary. Studies are conducted and recommendations are made. judicial feedback. Last but not least, there is -52-

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1. Formal By formal feedback I am referring to official studies and recomendations made as well as judicial input in regards to current policy. a. Studies and Recommendations Various studies have been conducted both by the private and public sectors to provide feedback as to the effectiveness of our actions. The Motor Vehicle Manufacturer's Association of the U.S., Inc. did a 15-month study of the composition of the brown cloud. By studying its composition, researchers could trace the particles back to their sources. One of the conclusions was that the contribution of motor vehicles to the visibility reduction in haze varies from 17 to 37%. The implication is that the motor vehicle is not as significant a culprit as it is generally perceived when it comes to the brown cloud. The Natural Resources Task Force of the Colorado Front Range Project studied the problem and made the following recommendations: In order to reduce vehicle-caused air pollution, encourage the provision of: a. More bicycle trails on the Front Range. Abandoned railroad tracks could possibly be converted into bicycle paths. A singl e bicycle trail from Fort Collins to Pueblo should be constructed. -53-

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Safety is of paramount importance. In the cities, bike paths should be on streets, but in the country, it is better to have separate trails because non-urban roads are not swept. b. Walking trails in conjunction with or in addition to bicycle trails. c. Synchronized traffic lights so as to minimize unnecessary idling of motor vehicles. d. Flashing red and yellow lights during late night hours to avoid long waits for the traffic light to change at a deserted intersection. e. park and ride lots so that people who use mass transit are not ticketed or towed for leaving their car in one place all day. f. A centralized carpooling service that matches people throughout the Front Range. g. More storage facilities for bicycles including bicycle racks on buses. Study the following mechanisms for reducing vehicle-caused air pollution: a. Various mechanisms for restricting urban parking and the practicality of these. b. Explore systems for discouraging automobile use without unduly restricting individual freedom. c. The viability of bus lanes and high-occupancy vehicle lanes. d . How to make public transportation a more attractive alternative. e. How to encourage development of a Front Range rapid transit system. Individual initiative items -54-

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l . Encourage businesses to institute vanpoooling. Participate in carpooling. 2 . Omit unnecessary auto use and combine trips when possible. The National Commission on Air Quality has reviewed the Clean Air Act. It is recommending that the deadline system for compliance with national standards be dropped in favor of a new system. The Commission felt the deadline system didn't work anyway as they were always being extended or expanded. Also, certain problems with the standards are being seen in cities like Los Angeles, for example. There is "no way" this city can meet the standards by 1987 >vi thout expending tremendous amounts of money. Why should Los Angeles, then put all this money into trying to meet standards they won't be able to meet just to be penalized by government funding restrictions? W'nat is to keep them from taking the same money and putting it into sewage treatment and transportation facilities and come up with their own strategy for dealing with air pollution. Major recommendations of the Commission are: continuing the inspection and maintenance program; continuing current statutory criteria and requirements for setting air quality standards at the levels necessary to protect public health without consideration of economic factors; maintinaing auto emission standrads for CO but imposing tougher high-altitude requirements for trucks; urging the EPA to undertake health-effects research to determine whether a separate CO air quality should be established for high altitude areas. -55-

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The Colorado Department of Health report entitled "Implementing the Colorado Air Quality Plan" is a study checking the status of actions required by the State Implementation Plan. The results of this study are discussed in Part III and won't be reiterated here. The "Denver Region Element of the State Implementation Plan" also had recommendations as to actions which should be taken outside of planning activities to bring us into compliance with the federal standards. Some of the recommendations are as follows: It is specifically recommended that a ma ndatory inspection and maintenance program be implemented in lieu of the current one. This would have required all 1968 and later light duty model vehicles to be inspected annually beginning January 1980. It also recommended that the Air Pollution Control Division of the Colorado Department of Health assess the feasibility and effects of a of retrofitting air bleed and/or air bleed/EGR systems on 1968-76 automobiles. It recommended that the Colorado Legislature define incentive programs which would encourage automobile buyers to purchase high altitude vehicles. It recommended that all governments located within the Denver region should commit to the purchase of high altitude vehicles as their fleet vehicles are replaced. 62 N . 1 . . . 1. II f at1ona Comm1ss1on on A1r Qua 1ty, Summary o Recommendations," March 1981 -56-

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And, it recommended that the EPA adopt the strongest possible regulations re high altitude cars. b. Judicial Feedback likewise includes judical scrutiny. On the federal level, two lawsuits have been filed relating to Colorado. The first involved Hountain States Legal Foundation v. the EPA. The Foundation maintained that it is unconstitutional for the EPA to limit highway funds and construction grants to states for failure to comply with clean air legislation. The matter was initially dismissed on the technicality that the group lacked standing to sue.63 This issue is to be heard by the u.s. Supreme Court sometime this year. Similar judicial action was sought in California. The u.s. Supreme Court ruled that the EPA could withhold federal money and construction permits from California because California did not adopt an inspection d . 64 an ma1ntenance program. The other suit is the National Wildlife Federation v. the EPA. The mvF brought the suit against the EPA for approving an inadequate plan and because the plan didn't satisfy basic transportation needs. A settlement has been 63 h . . . . 1 Jo n Phllbrook, former Ch1ef A1r and Hazardous Mater1a Section, Region VIII, EPA, Jan. 1981 64 The Denver Post, " H igh Court: EPA May Withhold Cash, Permits in Calif. Air Dispute" 2/23/81 -57-

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reached between the EPA and NWF on this issue. The agreement will receive comment for 30 days and then the courts may approve it. The settlement calls for full documentation and disclosure of the whole planning process particularly modelling to assure meeting standards, evaluation of strategies (any strategy rejected must be explained); and adequacy of basic public transportation 65 needs. State litigation has challenged regulation #3, dealing with the granting, denying or revoking of emission permits (Colorado-Ute Electric Association v. Colorado APCC) (Colorado Association of Commerce & Industry et al. v. AQCC et al. ) The statute relevant to this issues has been changed in the meantime. Also challenged was the fugative dust regulation (CF&I Steel Corp. v. Colo. APCC). The Denver District Court ruled in favor of the state, upholding h 1 . 66 t e regu at1on. 2. Informal Feedback comes through informal as well as formal channels. By informal feedback, I refer mainly to comments special interest groups and the public may have on the policy, rather than actual studies which have been done. -----65 Ray Mohr, Senior Planner, Planning and Analysis Section, Colorado Dept. of Health, Feb. 1981 66 Colorado Department of Health, Report to the Public 1980, Vol. 1 -58-

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Lobbying action, public hearings and elections are examples of forums for this feedback. One of the issues raised in this manner is the legislation relating to the high altitude emission requirements discussed earlier. The auto industry disputed the figures that automobiles at this altitude contribute 100% more CO and 50% more HC. The auto industry does not agree and disputes these figures. The argument goes as follows: The figures were done in 1977 when the standard for CO, for example, was 15 grams per mile. In 1982, the standard is 3-l/2 grams/mi, which figure l/4 of the 1977 standard. Thus in 1982 the auto pollution without the standard would be 7 grams per mile which is l/2 of the 67 1977 standard. The auto industry feels that since the standard has changed, there is no problem. The argument bypasses the main point, which is that no matter what the standard is for a particular year in question, at high altitude, CO emissions will be 100% more. The important point here is that all arguments and input contribute to policy and the shape it takes no matter how erroneous or misleading. The auto industry had other problems with high altitude emission requirements. For 1977 model cars, high altitude emissions were required. Some manufacturers thus chose not to market all their models here. Buyers would go 67 Bill Barrow, Executive Vice President, Colorado Auto Dealer's Association, Feb. 1981 -59-

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elsewhere to purchase the vehicle they wanted. This limitation created problems for the purchasers and the auto 68 dealers. The 1977 Amendments to the Clean Air Act revokes this regulation until 1981 and required that by 1984 model year, all new light duty vehicles comply with the applicable emission standard s regardless of altitude. This is no problem for GM, with their computer technology cars, but other dealers, Ford, for example, may claim economic hardship. The auto industry also has problmes with the inspection and maintenance program. The testing is for volume, not mass, with the measure being in terms of a percentage volume having nothing to do with grams per mile . . . . . 69 whlch lS cons1stent w1th the EPA regulatlon. As for the standards themselves, some feel they are too strict, others not strict enough. As mentioned earlier, the strigency of the CO standard at high altitudes is a concern. Public hearings held on the CO standard in December reflect thinking that the standard should remain the same. The 03 standard was made less restrictive in 1979, but according to authorities, still consistent with protecting the public health. The regulation was relaxed because inadequate original testing methodology was 68 Federal Register, Wed. Oct. 8, 1980, Vol. 45, No. 197, 66984. 69 Bill Barrow, Executive Vice President, Colorado Auto Dealer's Association, Feb. 1981 -60-

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d . d 70 . 1scovere • In terms of the part1culate standard, the small particles are the ones that do the harm. Should there be a blanket standard for particulates, or should we only 71 regulate the smaller ones more than the larger ones? In regards to the brown cloud, we have a visual pollution problem . . Even if all standards were met, it would still be there, as the brown cloud is not harmful health-wise. TI1is fact may have negative ramifications. Not everyone realizes that the brown cloud is not the harmful pollution. Why should people sacrifice in terms of car pooling, driving less, driving cleaner cars, etc. --perhaps to no avail with the cloud is sight every day?72 Feedback also includes input from the voters. A new administration is elected because of dissatisfaction with the old. TI1e Reagan administration is reflection of such feedback. TI1e exact effect his administration will have on air quality remains to be seen. However, one measure likely to happen is the return of control to states, 73 without requiring EPA approval. According to one source, Reagan is proposing eliminating the requirement for . . d h. h 1 ' ' . 1 74 Tl t. nat1onw1 e 1g -a t1tude emlSSlon contro s. 1ese ac 1ons 70 Frank Sharpless, Air Quality Planner, Denver Regional Council of Governments, March 1981 71 Ibid 72 Kent H anson, Colorado Open Space Council, Feb. 1981 73 Denver Post, "Reagan Clean Air Act Overhaul Plans Much Smaller Federal Role," April 9, 1981 74 Denver Post, "Our Target: Clean Air," April 12, 1981 -61-

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do have implications for air quality. This section was an attempt to impart upon the reader a feeling for what the current policy is, based on the goals and actions we are taking and the feedback being provided. The next section will exmnine the relationship between the goals and actions in order to evalute our policy. Summary Policy is a nebulous concept, resulting, in part, from our societal framework. There are many interacting forces contributing to such attitude and values. Historically, attitudes and values were not appropriate for air pollution controls. Our current policy has resulted frrnn an evolving interaction between values and actions taken by government and citizens. Policymakers are numerous. Policy consists of goals and actions of government as well as feedback and citizen action. One goal reiterated throughout is the protection of the air resources so as to promote the public health and welfare. Legislative actions taken on behalf of this problem include the federal Clean Air Act as amended in 1977, and state legislation, the Colorado Air Quality Control Act of 1979. -62-

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Administrative actions consistent with the legislative mandate, are to be the primary responsibility of state and local governments. The Denver Regional Council of Governments has been designated as the lead agency responsible for preparing the Denver Region Element of the State Implementation Plan. There are five main strategies for dealing with the air pollution problem -stationary source control, particulate control, land use, vehicle miles reduction strategies and direct emission control strategies. The most effective strategy is direct emission control, but the cumulative effect of all strategies are needed. section has described the goals and actions of government. The next section will evaluate whether the actions taken are consistent with the goals. -63-

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III. EVALUATION OF DENVER AIR POLLUTION POLICIES Evaluating the efficiency of our air pollution program calls for criteria for such evaluation. Such criteria are found in the goals established b y the policymakers. The evaluation of such goals may be approached in one of two ways. First, are the goals established by the system itself being met? Are the actions taken consistent with the goals? The second level of examination would be to question the validity of the goals and set new ones. For the purpose of evaluating the present system, assumptions are that the system's goals are valid. The obvious shortcoming here is that a policy with high standards which are not being met has more of a chance of being declared a failure than one with lower standards which are being met. Nevertheless, there are two reasons for taking this approach. First, if the system is not working by its own standards, any standards more restrictive that I might set would make the weaknesses all the more flagrant. The second reason for taking this approach is that the system's goals were set consistent with current public opinion. As stated earlier, no management technique can be successful without adequate underlying public support. Thus, the evaluation will proceed based on whether the goals are being met or not, i . e . are the actions taken consistent with the -64-

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direction established by the goa ls. Earlier goals were described from numerous documents. Here comments will be confined to goals set forth in the specific air pollution policy documents, i.e. the Clean Air Act, the Colorado Air Quality Act, the Colorado Ambient Air Quality Regulations, and the Denver Regional Element of the State Implementation Plan. There will be an item-by-item examination of the goals, including what the particular goal means, actions taken on behalf of the goal, evidence of the effect of the action, and whether the goal is apparently being met or not. Some of this section will be repetitive of previous sections. One difficulty with this approach is in quantifying or operationalizing. Politicians may state a broad goal based on limited technical knowledge so that those with administrative authority and technical knowledge may have broad interpretive discretion. \ihile this may be a problem for purposes of this thesis, in no way should it be inferred that these goals be narrowly stated, for the administrators would in such a case have their hands bound. In such cases, administrators provided quanitification. It is tempting to criticize on the basis of flimsy wording. Generally, however, in dealing with administrators, a certain presumption of validity is extended and they are to be given the benefit of the doubt lest the evidence against them is overwhelming. -65-

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After the formal evalu ation of the goals and whether they are being met will b e an informal evaluation will follow. This evaluation will look at strengths and weaknesses and whether the actions taken are consistent with the goals. A. Formal Evaluation l. Fedeiai Level Activities The first federal legislative goal is as follows: l. Protection and enhancement of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population; This goal is fairly straightforward and this wording might be found in the purpose clause relating to any issue.75 Section 109 of the Clean Air Act calls for the setting of primary and secondary air qual.ity standards which in the judgment of the Administrator of EPA are requisite to protect the public health and the public welfare. The EPA has set primary standards to protect public health and secondary standards to protect the public welfare. In order to assure that the standards were implemented, states were required by of the Clean Air Act to produce state implementation plans showing how they intended to comply with these standards by December 31, 1982. Extensions could 75 Based on 4 years legal research experience -66-

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be granted until 1987. Plans w e r e to be approved or disapproved by the EPA. Failure to comply with the standards is met with monetary penalties, i.e. the withholding of federal funds for sewage treatment and 76 transportation purposes. Colorado has produced a state implementation plan, including the Denver regional element, showing how it . . 77 intends to comply with the standards. This was approved by the EPA after the legislature passed an inspection and . 78 . ma1ntenance program. Accord1ng to the Denver Region Element of the State Implementation Plan, Denver is currently a non-attainment area for four pollutants, CO, 03, particulates and N02 until 1982. It is predicted that Denver will be a non-attainment area in 1982 for CO, o3 , and particulates. By 1987, CO standards are to be met, but 03 and particulate concentrations.will still exceed the 79 standards. Though actions taken are consistent with meeting the goal, the goal is not being met in the Denver area. 76 77 2. initiation and development of a national research and development program to achieve prevention and control of air pollutioh; Clean Air Act Denver Region Element of the State Implementation Plan, DRCOG, November 1978 78 Ibid 79 Ibid -67-

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This goal is straightforward and needs no further explanation. 03 and 04 of the Clean Air Act provides that "the administrator of EPA shall establish a national research and development program for the prevention and control of air pollution. II EPA has established such a program, the terms of which are spelled out in the Clean Air Act. The action taken is consistent with the goal. The goal is being met. 3. provision of technical and financial assistance to state and local governments in connection with the development and execution of their air pollution prevention and control programs; This means federal funds will be provided to state and local governments. The State Air Program grant funds, administered by the EPA, are available to state government 80 in connection with the air pollution program. 5 funds are available to local governments in connection with the 81 air pollution program. DRCOG is receiving such funds. The action taken is consistent with the goal. The goal is being met. 80 4. encouraging and assisting the development and operation of regional air pollution control programs. Dave Kircher, Chief, Planning & Operations, Region VIII, EPA February 1981 81 Frank Sharpless, Air Quality Planner, DRCOG, March 1981 -68-

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A region is an area smaller than the state level, but larger than a metropolitan area. Section 175 funds are available 82 to local and regional governments in non-attainment areas. The Denver Regional Council of Governments has been designated as the agency responsible for Denver's air pollution problem. The Denver region consists of a six-county area including Boulder,. Denver, Douglas, Jefferson, . . 83 Adams and Arapahoe Counties. The actions are consistent with the definition of a region, thus Denver's air pollution problem is being approached on a regional basis. The actions taken are consistent with the goal. The goal is therefore being met. 2. State To repeat the Colorado legislative goal: . it is declared to be the policy of this state to achieve the maximum practical degree of air purity in every portion of the state, to attain and maintain the national ambient air quality standards, and to prevent the significant deterioration of air quality in those portions of the state where the air quality is better than the national ambient air quality standards .. Here again, we have broacJ language which allows the administrators broad interpretive discretion. The portions of this goals relevant to Denver are the " maximum practical degree" of air purity and the attaining and maintaining of 82 Ibid 83 Ibid -69-

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national ambient air quality sta dards. " Maximum practical degree" means to do the best we can within our means.84 The action taken on behalf of this goal is the Denver Regional ele ment of the State Implementation Plan showing how Denver intends to comply with the national ambient air quality standards which have defined levels to protect the public health and the public welfare. Refer to discussion of Federal goal #1 . The goal is not being met. Other state g oals are found in the "Colorado Air Quality Control Regulations and Ambient Air Quality Standards." The goals relevant to Denver will be discussed one by one. l. To achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, prev.ent unreasonable interference with the public welfare, preserve visibility and protect scenic, aesthetic and historic values of Colorado . Again, we are referring to meeting the national ambient air quality standard s to protect the public health and the public welfare.85 See discussion of federal goal #1 . The goal is not being met. 84 2 . To require the use of all available practical methods to reduce, prevent, and control air pollution for the ,protection of the health, safety, and general welfare of the people of the Laboyta Garnand, Commissioner, Air Quality Control Commission, April 1981 85 Laboyta Garnand, Commissioner, Air Quality Control Commission April 1981 -70-

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State of Colorado. In orde r to achieve air purity consistent with this intent it is necessary, ultimately to control air contaminant emissions to such a degree of opacity so that the emissions are no longer visible, This goal refers to the setting of state emission standards. The State has set 8 such regulations which are detailed in "Colorado Air Quality Control Regulations a n d Ambient Air Quality Standards. " "All available and practical methods" means that the staff will review all information available h h . . 86 to t em at t e t1me a proposed standard 1s set After this has been done, public hearings are held. Every effort is made to include a broad range of interests at the public hearings. Broad testimony is thus received and on this 87 basis a determination is made. Standards are thus being set according to the way the Commission has defined all available and practical methods. The goal is thus being met. 3. To prevent significant degradation of Colorado's air resource. This goal does not apply to the Denver area, but rather areas whose air is in "pristine" condition. Whether it is being met or not is immaterial to the Denver air pollution problem. For further information see -7-201, C.R.S. 1 . 9 7 3 , as amended 1979, and -169 of the federal Clean Air Act. 86 Ibid 8 7 Ibid -71-

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4. To prevent odors and other air pollution problems which interfere w i h the comfortable enjoyment of life, Odors which interfere with the comfortable enjoyment of life refer to odors concerning which a significant number of complaints have been received. 8 8 Odor standards have been set by the State pursuant to Regulation # 2 which states: No person, wherever located, shall cause or allow the emission of odorous air contaminants from any single source such as to result in detectable odors which are measured in excess of the following limits. The regulation goes on to list the limitations. These standards were set based on judgment by persons who don't h . 1 . . . 89 ave any specla sensltlvlty to odors. Other action taken is in the area of permit granting for new sources. In order to get a permits, a new source will undergo an odor analysis. Enforcement action is taken against a party when a significant number of complaints are received and the offender is found to be in violation of the regulation. The Colo. Dept. of Health feels that the regulation is 90 successful, but that a problem arises because odor is a very subjective thing. Some individuals will be offended by an odor when others don't even detect. Odors may be 88 Laboyta April 1981 89 Ibid Garnand, Commissioner, Air Quality Control Commission, 90 Harry Collier, Air Pollution Control Specialist, Air Pollution Control Division, Colo. Dept. of Health, April 1981 -72-

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detected which are not in violation of the regulations. A number of complaints are received in the Denver area with regard to Denver Recycling and Lowry Landfill. Neither of h . . . 91 t ese are 1n v1olat1on of the standards. One could argue that because a large number of complaints are received, the facilities are by definition interfering with the cowfortable enjoyment of life, and the goal is not being met. However, the presumption of validity concept would apply here, and we must assume the goal is being met. 5 . To apply the major resources of Colorado air pollution control programs towards solving priority air pollution problem . "Major resources of Colorado air pollution control programs" 92 means the resources that are currently available. "Priority air pollution problems" refers to the Conunission's determination as to what is priority. A priority problem is an area that is in violation of the standards, i .e. Denver and the mobile source problem. A priority problem might also be a future potential problem, i . e . an oil shale development site. Once a year the Commission meets to determine their priority air pollution problems.93 Denver is still a non-attainment area and thus a priority problem. According to the report "Irt_lplementing the Colorado Air 91 Ibid 92 Laboyta Garnand, Commissioner, Colorado Air Quality Control Commission, April 1981 93 Ibi d -73-

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Quality Plan: A Progress Report " , "In reyrd to this area [resources] the picture is • . checkered. It does seem evident that, in some cases, agency resources may be severely strained to meet all the requirements for submission of adequate air quality plan revisions --1982. Planning grants from Urban Mass Transit Administration and the Environmental Protection Agency continue to be reduced in size. It appears that reduction in funding will have a significant impact on the plan development process." Given this, and given that funding is currently available, any reduction is funding is a step backwards. The goal, therefore, is not being met. The Commission recognizes that the growth in the amount and complexity of air pollution in Colorad o is brought about by and incident to population growth, mobility, increased affluence, industrial development and changing social values in said State. The Commission believes that the air pollution problem is likely to be aggravated and compounded by additional population growth, mobility, affluence, industrial development, aned changing social values in the future, which are likely to result in serious potential danger to the public and the environment. Therefore, the Commission intends to pursue solutions, in conjunction with other appropriate agencies and interests which have a direct interest and capability in solving a growing air pollution problem in relation to the broader environmental degradation problem. It is the intent of the Commission to coordinate with industrial, commercial, agricultural and transportation planning organizations, the public, the legislature, educational organizations, and other major interest in such a manner as to prevent air pollution in Colorado. -74-

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This rather nebulous goal appears merely to acknowledge the existence of a relationship bet ween growth and air quality.94. The goal is nebulous because the Commission has no direct legal authority over growth. "Implementing the Colorado Air Quality Plan: A Progress Report" states " continuing commitment to develop a means of evaluating growth is This recommendation is further reinforcement for the goal. Otherwise, if a large development comes up for review which is not on the COG regional growth and development plan, i.e. Smokey Hill or the Phipps Ranch, the Commission will review its impact on air quality and comment. The effect of the action is advisory commentary only. It, together with the recommendation for evaluating the impacts of growth, reflect an intent on the part of the state to get involved with this issue. The actions are consistent with the goal. To the extent that comment is advisory only, the goal is being met. 3. Local Since the of the Denver Region Element of the State Implementation Plan was to show how Denver would attain and maintain the national ambient air quality standards, implicit in this purpose is that goal, and since we have not, nor will we met the goals most likely by 1987, 94 Laboyta Garnand, Commissioner, Colorado Air Quality Control Commission -75-

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this goal is not being met. The goals of DRCOG w ere to be met based on what was reasonably available. The Air Quality Policy Committee developed guidance on the selection of reasonably available control measures. Determining what measures are reasonably available was based upon considerations of : l) the effectiveness of reducing air pollutant emissions, 2) the institution costs and benefits, and 3) the ability to implement by December 31, 1982. Included within these considerations is a willingness of the public to accept the measures. At best, public acceptability is difficult to determine. The Clean Air Task Force ... has made its judgment on what is acceptable to the public in recommending the measures containe d in this plan. In approving the plan, the DRCOG Council has reaffirmed the Task Force's determination.95 The actions that have been recommended are then by definition considered reasonably available. Whereas, actions which have not been recomm ended, i.e. light rail, are not considered reasonably available. If the actions are not being taken, then, it.follows logically that to the extent that they are consistent with any particular goal, the goal is not being met and vice versa. Goals of the Air Quality Policy Committee follow: 1. Emphasize the implementation of reasonable technological changes to bring improvement in air quality from both automotive and stationary sources. 95 Denver Regional Element of the State Implementation Plan, DRCOG, November 15, 1978. -76-

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Emphasize means a force or intensity of expression that gives special importance to an action.96 The use of the term reasonable again refers to whether the benefits outweigh the costs. " Technological changes to bring improvement in air quality" would mean strategies aimed at achieving a clean car or emission-free scrubber for stationary sources.97 There are no such actions being taken by DRCOG.98 This is not being met. 2. Emphasize volunteer actions to reduce VMT and clean up automobile emissions by such things as incentives for car/vanpooling, mass transit, walking, bicycles, etc. This goal is straightforward and needs no explanation. Volunteer rather than mandatory actions were to be emphasized because the cost of implementing a mandatory program would be prohibitive and because of a general resentment towards mandatory actions on the part of the public. Actions .taken include a state regulation (#9) covering the Denver area entitled "The Control of Automotive Air Pollution through Motor Vehicle Restraints and the Encouragement of Public Transportation and Carpooling." The Colorado Air Pollution Control Division has a staff oE one person, and numerous volunteers working on its 9 6 Webster's New Collegiate Dictionary, G. C. Meriam & Co., Springfield, Massachusetts, 1975 97 Frank Sharpless, Air Quality Planner, DRCOG, March 1981 98 Ibid -77-

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implementation. Employers are r equired to provide pooling incentives.99 DRCOG is required to provide advice to the Commission as to the relationship between parking manage.ment and reduction in vehicle miles travelled, as well as recommendations re the same. Other actions include parking management incentives for mass transit and bicycle routes as incentives for bicycles; the rideshare program to encourage . . ridesharing and the transit ridership development program aimed at doubling transit ridership by 1982. The evidence of all of these actions comes from the Colorado Department of Health report. A survey, completed in March 1980, supported the assumption that employer-based rideshare emphasis programs are useful means of making alternative transportation choices visible to commuters. A carpool effectiveness study has reported client satisfaction, doubling transit ridership is going as planned, and other studies are still in programs. The goal is being met. 3. Minimize life-style changes and disruptions as much as possible and, where these measures appear necessary, attempt to obtain the best data possible and critically analyze this data as to the costs and benefits of these lifestyle changes on air quality and on people's health, safety, and welfare. Minimizing lifestylechanges and disruptions as much as possible means maintaining the status quo. Volunteer versus mandantory actions are stressed. There is no concrete 99 Colorado Dept. of Health, "Implementing Colorado's Air Quality Plan: A Progress Report," -78-

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to suggest that lifestyles are minimized, nor that the costs and benefits of these life-style changes are being There is not sufficient information on which to base a judgment as to whether the goal is being met or not. 4. Regardless of the strategies chosen, attempt, so far as possible to make the strategies fairly and equitably applicable to citizens throughout the Metropolitan Denver area. "Fairly and equitable applicable'' means that no segment of the Denver population bears more of a burden in solving the pollution problem than any other.lOO When any particular action was considered, this goal was borne in mind. There is no concrete evidence on which to judge the effectiveness of the actions in regards to this goal. 4. Summary The federal -goals are all being met, except the first and most important, i.e. the goal relating to the public health. This goal is twice reiterated in Colorado State goals. Again it is not being met. Colorado standards relating to using all available practical methods, odor control, and the advisory goal relating to growth are being met. Colorado goal concerning applying the major resources of Colorado toward solving the problem are not being met. 100 Frank Sharpless, Air Quality Planner, Denver Regional Council of Governments, March 1981 -79-

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Implicit local goal r egarding the protecti on of the public health is not being met. The goal relating to emphasizing technological changes to bring improvement in air quality is not being met. The goal relating to voluntary VMT action emphasis is being met. There is not sufficient information upon which to make a determination regarding the effectiveness of the goals relating to minimizing lifestyle changes and making strategies fair throughout. Thus, some of our lesser goals are being met. The fact remains, however, that the Number One goal of both federal and state policy documents has not been met. The next section will describe some of the problems impeding progress in this area. B. Informal Evaluation Now that it has been determined that we are not meeting our main goals, the question becomes why. There are two possible reasons. The first is that there are weaknesses inherent in the system which interfere with our meeting the goals. The second is that our actions are inconsistent with our goals, or the nature of the problem. These two reasons will be examined on e by one. -so-

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1. Weaknesses A review of the status of actions taken reveals a major weakness. These will be discussed briefly. Politics have interfered at the legislative level. Here I am referring to direct auto emission control. We might have stronger legislation aimed at cleaning up the cars or better yet, at producing clean cars in the first place were it not for politics. This is where our emphasis should be based on the nature of the problem. Se e chart, p. 39. Political pressures are seen at the federal and state levels. Colorado criticized the federal level for preventing it from enacting legislative standards more restrictive than federal ones.lOl The reason behind the action, however, is that the auto industry would have tremendous difficulty if all states had their own emission standards. This is a valid point when applied to each state. Denver, however, has some unique problems and Colorado might be given special consideration if we are really serious about cleaning up our air. But when we take a look at the state legislature's track record, flagrant political weaknesses make this alternative s eem infeasible. Take the example of the inspection and maintenance program. It was only enacted by 101 Laboyta Garnand, Commissioner, Colorado Air Quality Control Commission, April 1981 -81-

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the state legislature because the EPA threatened not to approve the SIP otherwise. Th us,political pressures have caused up to have a watered down, compromise program, leaving various levels of government unhappy with each other. This points to another weakness intergovernmental conflicts. In any area there is always some intergovernmental jealousies and bickering, both between various levels of government and various government agencies on the same level. The example previously given between the EPA and the state legislature is an example of the former. An example of the latter is the attorney general's office's holding up COG projects because it has to approve projects involving UMTA funding. Time and money constraints are also weaknesses. Financial reasons are the source of problems with the transit development program and the fare incentives program. Other important projects might never be undertaken because they are too costly in terms of time and/or money. A consultant might not do the best job possible, only the best job for the money. This leaves room sources of invalidity in research projects. Research methodologies is another area altogether. Take, for example, current modelling techniques for predicting future pollution levels. These are based on state-of-the-art technology, so may not be criticized. -82-

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However, they are based on assu mptions about population growth, about employment locations, transportation of that population to and from work, and meteorological considerations. With all these factors and assumptions, there is a great deal of room for error.lOl Perhaps there is nothing that can be done about this, it is merely a weakness the comes with the system. If these modelling techniques, though they may be the best there are, err on the conservative side in predicting our future air quality, then all our efforts may turn out to be misdirected because we might have otherwise taken. a different approach. We might otherwise have put more emphasis into direct auto emission standards, for example. 2. Consistency of Actions with Goals Before discussing consistency of goals with actions, we s hould look at the consistency of goals with goals. There is an apparent inconsistency between state and local goals. The state is saying, through its goals, that we have a serious problem. DRCOG, on the other hand, does not even state that the federal standards are a goal, this is merely implicit. COG's goals go on to state that we don't want to change anyone's lifestyle or be unfair to anyone. This discrepancy can be explained in part by the 102 Frank Sharpless, Air Quality Planner, DRCOG, March 1981 -83-

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fact that the COG strategies a r e proportionately less effective that the state strategies. Still, this seeming inconsistency can only point to a weakness. Another inconsistency aparent at this point is that the state goals reflect a need to deal with the issue of growth in the name of air pollution. This issue is also dealt with in "Implementing the Colorado Air Quality Plan: A Progress Repot." The state's authority to deal with growth, however, is limited. On the other hand, DRCOG, who has more direct authority to deal with the issue of growth does not deal with this issue directly in its goals or actions. We thus have the state, who does not have direct authority over t0e issue saying we need to examine and deal with this issue and the local government, who has more authority over the problem is not addressing it. Since w are not meeting our main goal, then our actions are either inconsistent with our goals or inconsistent with the nature of the problem. As the nature of the problem results from auto emissions, why are we putting all our time and energy into cleaning up the problem the automobile did? Why pot clean up the automobile in the first place? Given the political constraints mentioned this action does not appear possible. But let's examine where else we have gone wrong. The policy documents all lead us to the obvious conclusion that more needs to be -84-

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done to clean up the automobile . That is their conclusion, and while not questioning its validity, it has perpetuated another wrong course of direction. If the VMT reduction strategies will only account for 5% reduction in the problem, then it logically seems a valid reason for not wanting to change anybody's lifestyle or be unfair to anyone, as stated in the goals of DRCOG. After all, why should the citizens be forced to use an inconvenient mass transit system to minimize 5% of the problem? And, as automobiles get cleaner in the future, the proportion of good that VMT reduction or transportation control strategies will do will decrease. DRCOG appears to be covering all the bases in this regard. It has taken all the strategies that are being used in other cities and evaluated their potential effectiveness for use in Denver. While this thinking is logical, there is a flaw in it. The federal act didn't make the regional planning agency primarily responsible for the problem for no reason. Maybe the actions called for will only ameliorate 5 % of the problem but every little bit helps towards meeting the standards. Our goals are merely to meet the standards. Maybe we should set them a little higher --i.e. let's achieve good air. Just because we as planners can't change the political system to accommodate a clean car, doesn't mean that we as planners .shouldn't do everything we can on behalf of the problem. Just because the politicians have failed doesn't -85-

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mean that the planners have to fail to. We as planners must do more especially since changes will be made this year in the Clean Air Act and the fight is likely to be keeping what we've got rather than improving anything. The Sierra Club Board of Directors met recently to prioritize issues for the next year.l03 The likely fight over the Clean Air Act was listed as the number one priority. Summary This section has evaluated whether we are meeting the goals or not and draws on the previous discussion of the status of actionsto reveal weaknesses in the system. We are meeting some of the lesser goals, but the fact remains that we are not meeting the more important goal of protecting the public health. This failure can be explained by weaknesses inherent in the system, including politics, intergovernmental conflicts, time and money constraints, and research methodologies, and by the fact that our actions are not always consistent with our goals. Based on the foregoing, the obvious conclusion which would make the actions consistent with the goals is a recommendation for stronger emission standards, or even a clean car altogether. Because of political pressures, this option is not immediately available to us. We as planners, 103 Rocky Mountain Chapter Sierra Club, "Peak & Prairie," Vol. VI, No. 6 -86-

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however, should not make the m istake of concluding that just because the strategies within our reach won't relieve much of the problem that we should not try and put much effort into it or change anyone's lifestyle. Perhaps the air pollution issue by itself is not sufficient motivation for such strategy. There are, however, numerous other reasons 'for initiating a lifestyle change into society, i.e. the energy issue, social issues, etc. Cumulatively, these reasons should .provide an adequate basis on which to proceed. The next section will make a few r ecommendations based on the conclusions here determined. -87-

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RECOMMENDATIONS While the purpose of this study was not to mak e recommendations, which would be an entire thesis topic in itself, a few follow naturally and are in order. As a society, we should direct our attention to producing a clean car and stricter emission standards. In talking with people about this issue, I saw some blame the State Legislature for failure to enact adequate legislation. I saw others blame the auto industry for not marketing an appropriate vehicle and for applying political pressure to the legislature. Irregardless of where the blame lies, the denominator common to both the legislature and the auto industry is the public. Both must answer to the public --the legislature because it represents the public and the auto industry because the public is its client. Only an apathetic public allows weak legislation and dirty cars. An informed public does not. An informed public creates demand for action. In order to obtain this demand for action, we need a strong public education program. The National Commission on Air Quality agrees. Its recommendation in this area states: 1. Section lOl(b) of the Act should be amended to include, as a purpose of the Act, that public participation be provided for, encouraged, and assisted by EPA and the states with langauge similar to that set forth in the Clean Water Act and the Resource Conservation and Recovery Act. -88-

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2. EPA and state agencies should establish public participation processes tha t include: An investigation of the current level of public understanding about air quality issues; The timely provision of information tailored to meet the needs of the various publics; Opportunities for discussion of the issues by groups with different perspectives, including, but not limited to, business and industry groups, public interest organizations, public health organiztions, governmental entities, labor organizations, and other interested parties; Mechanisms for providing the results of these discussions to decisionmakersi and Mechanisms for decisionmakers to respond as to were considered in making final dec1s1ons.1 DRCOG likewise recognizes the need for better public understanding for it is currently conducting a survey 105 to determine what people don't know about pollution. This is a step in the right direction and knowledge gained through this process will be useful. Although the above recommendations are the obvious solutions,, we as planners should not sit idly by wa iting for the government to do its job. We should do as much as we can towards solving the problem in the meantime because perhaps the clean car will never come to pass. As p l anners, National Commission on Air Quality, "Summary of Recomm endations on the Clean Air Act," Public Participation Section, p. 6. 105 Frank Sharpless, Air Quality Planner, Denver Regional Council of Governments, March 1981 -89-

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we have the potential to impact the problem. Perhaps we should change our local goals t o say, "Let's achieve good air" or, "Let's implement some lifestyle changes." The direct strategies available to us as planners are in the areas of VMT reduction strategies and land use controls. The National Commission on Air Quality is recommending that transportation controls be removed as a strategy for 106 improving air quality. This is a mistake. we need the cumulative of all our actions to clean the air at this point. Transportation controls are a legitimate function of air pollution planning, they do help improve the problem, though it may only be a small amount according to the government's calculations. We should continue to try to implement innovative transportation controls. There are certainly enough overlapping supporting policies such as energy conservation which promote this solution. In terms of land use strategies, DRCOG has done a study entitled "Air Quality Sensitivity Analysis." This study supposedly looks at the relationship between land use and air quality. What this study actually looks at is t h e relationship between VMT reduction and air quality. It concludes that because there is no significant relationship between VMT reduction and air quality, that there is no relationship between land use and air quality. This is faulty logic. Land use has the potential to affect air 106 Ibid -90-

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quality in other ways than mere VMT reduction. Growth is a primary example. This thesis h a s already established that the state strongly recommends studying the relationship between growth and air quality, even going so far as to include such a provision as part of the state's goals, and that local government is not dealing with the issue of growth/air quality directly. We should therefore conduct further studies to determine the exact relationship between growth and air quality. Until such time as a relationship between growth and air quality can be determined, we should try to get a handle on growth by establishing a policy to keep growth to a yearly minimum. This is another area where air pollution is not the only reason for pursuing this course of action and will lend support to such a solution. -91-

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BIBLIOGR APHY Agee, Betsy, "Transportation Control Measures", National Clean Air Coalition, undated Anderson, James E., Public Policy Making, New York, 1976 Automotive Testing Laboratories, Inc., "Report on a Comparative Study of Inspection/Maintenance and Mandatory Maintenance", Aurora, Colorado, 2/l/80 Bueche, Kenneth G. & Schor, Morris J., Selected Governmental Approaches: Colorado" "Air Pollution Control: Possibilities for The Business Coalition for Commuting AlternativesUpdate," June 1980 Carson, Rachel, Silent Spring, Greenwich, Conn. 1962 The Clean Air Act, as amended August 1977 Clean Air Coalition, Workshop, 2/2/78 Clean Air Task Force, "Minority Report of Certain Members of the Clean Air Task Force and Air Quality Policy Committee", Sept. 2 0 , 1978 "Summary of the Plans Prepared by Local Government for Inclusion into the Colorado State Implementation Plan," Oct. 5, 1978 Colorado Air Quality Control Act, 1979 Colorado Business Review, "Air Pollution: Awareness or Apathy," Learning, Margorie, P. et al., Vol. XLIV, No. 3, March 1971 Colorado Dept. of Agriculture, Agricultural Land Conversion in Colorado, Vol. II: Appendices, 11Air Pollution as a Function of Land Use along the Front Range", vv. K. Lauenroth & P. Hackney, CSU, Fort Collins, Aug . 1979 Colorado Dept. of Health, Air Pollution Control Commission, "Air Quality Implementation Plan for State of Colorado", January 1972 Colorado Dept. of Health, "Assumptions and Initial Calculations for Projected Ambient Carbon Monoxide and Ozone Levels in the Denver Metropolitan Area",

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July 19, 1978 Colorado Dept. of Health, Air Po llution Control Division, "Baseline Emissions Inventory for the SIP H.evision Analyses for the Denver Metro Area", Sept. 5, 1978 Colorado Air Pollution Control Commission, "Colorado Air Quality Control Regulations and Ambient Air Quality Standards", undated Colorado Dept. of Health, Air Pollution Control Commission, "Colorado Revised State Implementation Plan for Air Quality," 12/14/78 Colorado Dept. of Health, Air Pollution Control Division, "Current Denver Regional Ambient Air Quality Conditions and Baseline Meteorological Conditions for the Denver Element of the State Implementation Plan", Nov. 15, l 9 7 8 Colorado Dept. of Health, Air Pollution Control Division, "Denver Region Particulate Control Study and Demonstration Program", Sept. 6, 1978 Colorado Dept. of Health, Air Pollution Control Division, "Implementing the Colorado Air Quality Plan: A Progress Report," Sept. 1980 Colorado Dept. of Health, Air Pollution Control Division, "Proposed Denver Regioh Particulate Control Program for the Denver Region Element of the State Implementation Plan," June 26, 1978 Colorado Dept. of Health, Air Quality Control Commission, "Report to the Public 1980, Vols. l & 2. Colorado Dept. Health, Air Pollution Control Comnission, "Report to the Public, 1979-Vol. l" Colorado Dept. of Health, Air Pollution Control Commission, "Report to the Public, 1978, Vols l & 2" Colorado Dept. of Health, Air Pollution Control Comtnission, "Report to the Public, 1977" Colorado Dept. of Health, Air Pollution Control Commission, "Report to the Public, 1975" Colorado Dept. of Health, Air Pollution Control Division, "Review and Air Quality Assessment of Alternative Motor Fuels, Alternative Engine Types, Motor Vehicle Idle Controls, and Gasoline Vapor Recovery

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in the Denver Region," Aug. 16, 1978 Colorado Dept. of Health, Air Po llution Control Division, "Review of Some Potential Transportation Control Measures for the Denver Region," Sept. 6, 1978 Colorado Dept. of Health, Air Pollution Control Division, "SIP Revision tvlodel Analysis of Existing and Future Air Quality Levels," Dec. 8, 1978 Colorado Dept. o f Health, Air Pollution Control Commission, "The State of Colorado Air Pollution Control Transportation and Land Use Plan," 1977 Colorado Dept. of Health, Air Pollution Control Commission, "Summary of Air Pollution Dispersion Model Calculations Projected Ambient Air Quality Levels in the Denver II for Colorado Front Range Project, "Task Reports to the Conference," 9/26-27, 1980 Colorado Front Range Project, "Conference Report," December 1980 Conservation Foundation, "A Citizen's Guide to Clean Air," Jan. 1972 Council on Envirorunental Quality, Environmental Quality 1979, U.S. Gov't Printing Office, Washington, D.C. 1979 Degler, Stanley E., State Air Pollution Control Laws, BNA Books, Washington, D.C. 1969 Denver Post, "Air Compliance in Doubt," 3/2/81, p.l Denver Post, "High Court: EPA May Withhold Cash, Permits in Calif. Air Dispute," l/23/81 Denver Post, ''High Court: EPA May Withhold Cash, Permits in Calif. Air Dispute," 2/23/81 Denver Post, "Industry Study Challenges Clean Air Act," 11/23/80 Denver Planning Office, "Planning and the Future: A Comprehensive Plan for Denver," 9/1/77 Denver Regional Council of Governments, "Air Quality Sensitivity Analysis," January 1979 .Denver Regional Council of Governments, "Assessment of the Year 2000 Restated Transportation Plan," Nov. 1978

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Denver Regional Council of Govermnents, "Denver Federal Employee Compressed Work Wee k Experiment," 9/80 Denver Regional Council of Goverrunents, "Directions for the 80's" Denver Regional Council of Governments, "Notations," March 1981 Denver Regional Council of Governments, "Regional Growth & Development Plan for the Denver Region" Denver Regional Council of Goverrunents, "The Relationship Between Air Quality and Urban Development Patterns: Analysis and Prospectus for Sensitivity Testing," July 1, 1977 Department of Housing & Urban Development, Region VIII, " Denver Metropolitan Area-Wide Environmental Impact Statement," Vols. I, II and III, Oct. 1978 Federal Register, Wed. Oct. 8, 1980, Vol. 45, No. 197, 66984 General Motors, "1980 General Motors Public Interest Report", April 7, 1980 Harper's, "The Wreck of the Auto Industry" by William Tucker, Nov. 1980 Holland, Walter Werner, Ed., Air Pollution and Respiratory Disease, Technomic Pub. Co., Westport, CN, 1972 International Congress on Air Pollution, Problems and Control of Air Pollution, New York, 1955 Miller, Alvin L., "Body Burden" in Energy Utilization and Environmental Health: Methods for Prediction and Evaluation of Impact on Human Health, Richard A. Wadden, Ed., Wiley, New York, 1978 Motor Vehicles Manufacturer's Association: 3/25/80 Nadar, Ralph, Vanishing Air, New York 1970 News Release National Commission on Air Qualtiy, "Summary of Recommendations," March 1981 Newsweek, "Give Us a Chance to Compete", Lee A. Iacocca, April 20, 1981

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Orleans, Miriam & White, Gilbert F., Eds., Carbon Monoxid e and the People o Denver, of Colorado, Institute of Behavioral Science, Boulder, CO, 1974 Randolph, Theron G., Human Ecology and Susceptibility to the Chemical Environment, Springfield, IL, 1962 Riehl, Herbert & Crow, Loren W., "A Study of Denver Air Pollution," CSU, Fort Collins, June 1962 Riehl, Herbert & Herkhof, Dirk, "Weather Factors in Denver Air Pollution," Aug. 1976 Rocky Mountain Chapter Sierra Club, "Peak & Prarie," Vol. VI, No. 6, Apri l 1981 Schweitzberger, Steve D. "Steve's Implementation Plan: How to Achieve Good Air Regularly in Denver Without Unreasonable Restriction on Private Auto Use," undated Scorer, R.S., Pollution in the Air: Problems, Policies and Priorities, Smith, V. Kery, The Economic Consequences of Air Pollution, Ballinger Pub. Co. 1976 THK Associates, Inc., "Energy Conscious Planning", March 1980 Turabian, Kate L., Guide for Writing College Papers, 3rd Ed., Univ. Chicago, 1976 United States Environmental Protection Agency, "Acid Rain," Washington, D.C., July 1980 United States Environmental Protection Agency, "Air Quali ty Modelling," Research Triangel Park, N.C., Sept. 1980 United States Environmental Protection Agency, "Cleaning the Air: EPa's Program for Air Pollution Controi", Washington, D.C., June 1979 United States Environmental Protection Agency, "I/M Update", Ann Arbor, Mi., undated Vveisberg, Joseph S., Meteorology: The Earth and its Weather, New Jersey, 1976 Wenner, Lettie Mcspadden, One Envirorunent Under Law , Pacific Palisades, Ca , 1976 Wise, William, Killer Smog, Rand McNally, Chicago, 1968

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LIST OF PERSOJ S CONTACTED Colorado Air Quality Control Commission, Laboyta Garnand, Commissioner Colorado Dealer's Association Bill Barrow, Executive Vice President Colorado Department of Health, Steve Arnold, Chief , Air Quality Assurance Section Don Barbaric, Meteorologtst Harry Collier, Air Pollution Control Specialist Ray Mohr, Senior Planner, Planning & Analysis Section Ron Simsick, Program Administrator Colorado Open Space Council Kent Hanson Denver Chamber of Commerce David Howlett, Staf f Project Manager, Energy, Environment & -Transportation Denver Regional Council of Governments, Frank Sharpless, Air Qua,ity Planner Environmental Protection Agency, Region VIII, Denver, Co Dave Kircher, Chief , Planning & Operations John Philbrook, former Chief, Air Programs Branch Dale Wells, Technical Advisor, Air Programs Branch Steve Schweitzberger, Citizen Gary Hart's Of fice Tom Gleason Tim Wirth's Office Larry Bulling Urban Mass Transportation Administration Lynn Lacour, Planner Unsuccessful attempts were made to contact: Sen. Al Mickeljohn Rep. Mark Spano