CDPHE and EPA partner to strengthen civil rights in Colorado

Denver, CO—Today, the Colorado Department of Public Health and Environment and the U.S. Environmental Protection Agency announce the signing of an Informal Resolution Agreement under Title VI of the Civil Rights Act of 1964 and other civil rights statutes. The agreement is the result of a collaborative effort to enhance civil rights and transparency in Colorado’s air permitting program. This milestone marks the conclusion of EPA’s Office of External Civil Rights Compliance’s (OECRC) affirmative compliance review of CDPHE’s air permitting program under Title VI of the Civil Rights Act of 1964, among other civil rights procedural safeguards. The agreement highlights the agencies’ shared commitment to protecting all communities. EPA appreciates the input from Colorado communities in developing a meaningful scope for its review.

During this review, CDPHE and EPA worked together to identify opportunities for improvement and strategies to ensure meaningful public participation and civil rights compliance. This partnership affirms Colorado’s leadership in environmental justice and establishes a framework for further progress. The agreement outlines new CDPHE commitments to enhance equitable public participation in air permitting decisions, including:

• CDPHE commits to proposing changes to its New Source Review permitting program to provide earlier opportunities for notice and comment of certain minor new source or modification permits for physical changes at facilities holding Title V operating permits.
• CDPHE commits to increased transparency and the availability of determinations of whether proposed projects are minor or major sources under the Clean Air Act. These determinations are important to ensuring that permit requirements are as stringent as needed.

“CDPHE has appreciated the opportunity to collaborate with EPA throughout this process, strengthening our shared mission to protect Colorado’s diverse communities,” said CDPHE Executive Director Jill Hunsaker Ryan. “This agreement is a testament to the major plans already underway and demonstrates our ongoing commitment to involve and protect the health of all Coloradans.”

“EPA appreciates CDPHE’s cooperation throughout this process, and its attention to the rigor of its civil rights compliance and commitment to improve the transparency of its air permitting programs,” said EPA Regional Administrator KC Becker. “These actions will ensure that Coloradans have the opportunity to better understand and participate in permitting decisions that can affect the health of their homes, neighborhoods and families.”

EPA looks forward to continuing to assist CDPHE and other state permitting agencies as they build upon and improve their civil rights programs and ensure compliance with civil rights statutes and regulations.

The agreement builds on CDPHE’s extensive accomplishments advancing environmental justice, including:

CDPHE remains committed to fostering inclusive and equitable practices in environmental protection, ensuring Colorado’s communities have the tools and resources to thrive. This agreement represents a meaningful step forward in Colorado’s continued commitment to advancing environmental justice.

More details about EPA’s Office of External Civil Rights Compliance are available on EPA’s website. The agreement will be posted on EPA’s External Civil Rights Docket.

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