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State health officials said Friday morning they did not have enough guidance from the Environmental Protection Agency on when to estimate if Colorado’s minor polluters were exceeding air quality limits for particulate matter, sulfur dioxide and nitrogen dioxide.
The Colorado attorney general’s office on Friday released an independent report into an investigation into a complaint filed by three whistleblowers in March. The report also found that the fraud and deletion allegations were unfounded, according to Shaun McGrath, director of environmental programs for the Colorado Department of Public Health and Environment.
The three, who worked for CDPHE’s air pollution control division, said in the 14-page complaint in March that division manager Gary Kaufman ordered managers to tell employees not to review or model the estimated emissions in certain installations for these gases and particles less than 2.5 micrometers. All three contribute to unhealthy levels of ground-level ozone.
Employees alleged that the Colorado Department of Public Health and Environment was “suppressing information” and “approving air quality permits” that violated national air quality standards. Through the Maryland-based organization Public Employees for Environmental Responsibility, whistleblowers said the state is encouraging a culture of approving permits for industrial polluters at all costs and to the detriment of public health.
Gov. Jared Polis and CDPHE Director Jill Hunsaker Ryan asked Attorney General Phil Weiser in April to investigate the whistleblowers’ allegations, and in July state officials chose national law firm Troutman Pepper Hamilton Sanders LLP to lead the investigation.
Ryan said Friday the report highlighted this lack of federal guidance from the Environmental Protection Agency. EPA officials did not immediately respond to the request for comment.
The report illustrates the need for more scientifically sound criteria and better processes for determining when to model minor sources, Ryan told The Post.
Kaufman is still the director of the air pollution control division, Ryan said.
This surprised Chandra Rosenthal, who is the director of the Rocky Mountain regional office for PEER: They really stay there (Kaufman), eh?
Rosenthal said state officials have known for years that employees were concerned about the way small facilities are monitored and acted after the whistleblower’s complaint was made public.
His nonprofit is considering asking law enforcement officials to examine whether Kaufman has broken any laws.
This is breaking news and will be updated.
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