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CF&I Steel, Ltd. Partnership v. Air Pollution Control Div.

Citation: 33 ELR 20198
No. No. 02CA0715, (Colo. Ct. App., 05/08/2003)

The court affirms a trial court ruling that 760 pages of documents that a steel mill had previously provided to Colorado's state environmental agency constitutes "emission data" that could be disclosed to a union intervening in a state enforcement action against the steel mill. The Colorado Air Pollution Prevention and Control Act (CAPPCA) requires that "all emission data received or obtained by the state environmental agency shall be available to the public to the extent required by the federal Clean Air Act." CAPPCA §25-7-103(11.5)(b) defines emission data to include "information necessary to determine the identity, amount, frequency, concentration, or other characteristics" of the emission. Here, the 760 pages of documents address the operation of the pollution control equipment or operational charges or modifications at the mill and, thus, come under the definition of "emission data." Further, contrary to the steel mill's assertions, this definition does not limit emission data to numeric information from which calculations can be made. In addition, the disclosure of the documents does not fall outside CAPPCA's five-year statute-of-limitations period.

Counsel for Petitioner
Herbert A. Delap
Dufford & Brown
1700 Broadway, Ste. 1700, Denver CO 80290
(303) 861-8013

Counsel for Respondent
Garrison W. Kaufman, Ass’t Attorney General
Attorney General’s Office
1525 Sherman St., Denver CO 80203
(303) 866-3052