Archive for September, 2011


Last Thursday the Colorado Air Quality Control Commission (AQCC) voted 5-1 to exclude the Estes Valley from the current Front Range auto emissions testing program.  Three commission members were absent.

Mr. Doug Decker from the Air Pollution Control Division described adding the Estes Park area as the “final expansion of the Northern Front Range program.”  He presented a model of air flows from July 2, 2007 to demonstrate that air from the Estes valley flows to the Front Range and therefore contributes to regional air quality problems.  Staff estimated that the program would reduce emissions by 36 tons per year.  Staff’s cost estimate was that the costs of the program would be about 15 percent higher than the program for the rest of Larimer County and the Front Range testing area.

Mr. Decker conceded that the cost estimates had originally been based on a shorter “crow flies” distance between Estes Park and the Loveland inspection station.  Still, Control Division staff did not propose any alternatives to fixed station testing, with the nearest testing station 35 miles or more by car from Estes Valley residents.    “One trip every two years is not unreasonable,”  said Mr. Decker, noting that many residents could combine that trip with shopping or other errands in the Front Range.

Mr. Decker also suggested that 22 to 25% of residents would be excused from fixed point testing due to road-side “clean screen” testing.  Staff arranged for mobile testing to occur in Estes Park prior to the hearing.  One Commissioner asked pointed questions about who funded clean screen testing in an area not yet subject to mandatory testing.

Questions from the Commission members suggested that they shared some of the same concerns as our local elected officials.  In March 2010, the boundaries for mandatory testing excluded much of rural Weld County due to the distance to testing stations and small number of vehicles that were excluded.

Commissioners also challenged the contention that they had already decided to include Estes Park in the testing area.  Senate Bill 09-003 directed the AQCC to consider exclusion of areas from testing based upon air quality control science, and the impact of testing upon the public.

During public comment, State Senator Kevin Lundberg directly challenged the contention that Estes Park was already included in the testing area.  He explained that SB 09-003 only included Estes Park as a potential testing area.  “It is up to you to decide.” said Senator Lundberg.  Senator Lundberg explained his own experience with emissions testing.  He sold a pickup to a Cheyenne buyer, knowing it would not pass emissions testing.  He then purchased a used Suburban and had to undergo four tests before it passed.  He urged the AQCC to make their decision “based on the people, not the sales pitch.”

Estes Park Mayor Pro Tem Chuck Levine and Trustee Mark Elrod both spoke against expanding the program to Estes Park.  Trustee Elrod described the animated model of air flows as a “form of entertainment.”  Mr. Decker later responded by explaining that the model was based upon meteorological data.

Lindsey Lamson of the Local Marketing District explained that their Board also opposed the expanded program.  “The costs of the program outweigh the minuscule benefit.”

Public comment overwhelmingly opposed expanding the program to Estes Park.  There were many telling comments.  The testing would be especially burdensome for working people who would need to miss work without pay to be tested.  Part-year residents would find it very difficult to comply when they were out of state.  One resident challenged the use of July 2nd as the model.  “July 2nd is the worst traffic in Estes Park.  Most of us locals stay home on the July 4th weekend.”  He also contended that a lot of part-year residents would simply register elsewhere.

One woman urged perspective.  The 75 parts per billion standard involves tiny amounts.  “One billion seconds is 32 years. It’s a matter of perspective and we’ve lost it.”

A local activist came to ask for emissions testing, then changed her mind.  “I want emissions testing and I want clean air,” she said.  But after hearing the public comments she decided to support the people in opposition to testing.

An editor of TeaLiberty.com presented official statistics demonstrating that Estes Park is very different from the Denver Metro area.  Staff’s cost-benefit analysis used Denver metro driving data to support its benefit estimates.  In the Estes Park zip code, 25.2% of residents are 65 years old or older.  The statewide figure is 10.9%, meaning Estes Park has over 14% more senior drivers than the rest of Colorado.  Federal Highway Administration data demonstrates that seniors drive only 57% as many miles as the average driver.  In addition, commuters in the Estes Park zip code have commutes of 16 minutes, versus the Denver metro mean of 24.5 minutes.  Even Estes Park’s working age population drives far fewer miles than the typical Denver metro resident.

County Commissioner Tom Donnelly then presented several arguments for excluding Estes Park from the testing area.  Commissioner Donnelly’s statistical information echoed many of the public comments about the uniqueness of Estes compared to the Front Range.  Commissioner Donnelly also explained the huge impact of tourist traffic on air quality during the summer.

Evelyn King of Citizens for Larimer and Weld County stressed that citizens do not object to programs that work.  “We were deceived” when the program first started in 2007, since tens of millions of dollars have been spent on auto testing yet ozone readings are higher today, not lower.  Ms. King submitted data demonstrating that the Front Range auto emissions testing program was expected to reduce ozone readings by 6/10ths of one percent.   Estes Park was estimated to provide just 4/100ths of one percent of the total expected NOx reductions.  “We thought the reductions for Larimer County were ridiculously small, but Estes Park is even worse,” said Ms. King.  “It can’t possibly be measured.”

Commissioner comments and questions followed from many of the public comments.  Commissioner John Loewy said “the Commission is a citizen overlay” intended to ensure that decisions are made by the citizenry rather than just a bureaucracy.  Some commissioners expressed the wish that staff had presented more alternatives for implementing the program in mountain communities.   There was some debate over whether the AQCC would have the existing authority to add Estes Park into the testing area in the future, or whether legislative action would be needed.

After some extended whispering among the commission members, the Commission adopted a motion to approve Larimer County and Estes Park’s suggested action:  remove Estes Park from the testing area boundaries.


Tealiberty.com thanks Estes Park Tea Party Patriot supporters and other local citizens who attended the hearing.  Public participation provided crucial support.  Special thanks are also due to County Commissioner Tom Donnelly, who presented on behalf of the County Commission and the Town of Estes Park, and Evelyn King, who gave a presentation on behalf of Citizens of Larimer and Weld County.  Several supporters of the citizens group came from Loveland and beyond to support the effort.  Public comment and attendance was crucial in supporting Commissioner Donnelly’s presentation.   Liberty groups should consider this a success for the movement toward government accountability and removing burdensome regulations that achieve little or no benefits.

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I Am The Tea Party

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The hearing on auto emissions testing for the Estes area will be on Thursday, starting at 12:30 pm in the Town Board Room, Municipal Building, 130 MacGregor Ave., Estes Park.

Barack Obama gave up on more stringent ozone standards.  There are lots of reasons to conclude that imposing auto emissions testing in Estes Park will be more burdensome and costly to local residents with less benefit than from any previous Colorado testing area.  Learn more here:   http://www.eptrail.com/estes-park-columnists/ci_18853177

Let’s have a lot of liberty-minded folks turn out for the hearing.

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As of last Friday, there was no reply from the Governor’s office to Mayor Pinkham’s request. 


The Town of Estes Park wrote recently to Colorado Governor John Hickenlooper to object to indirect lobbying by state employees in favor of auto emissions testing for the Estes Valley.  Staff of the Air Pollution Control Division urged local auto mechanics to lobby the Air Quality Control Commision (AQCC) to adopt emissions testing for Estes at a September 15 Public Rulemaking Hearing.  Staff efforts also included offering local mechanics the first chance to enroll in state classes in emissions repair salesmanship with food and refreshments included.

After describing such efforts,  Estes Park Mayor William C. Pinkham politely states “we request state employees refrain from further outreach of this nature in Estes Park until the issue is decided in September.”  Mayor Pinkham’s letter also summarizes the reasons why the Town Board of Estes Park and the Larimer County Commissioners oppose emissions testing for the Estes valley.   The Mayor’s letter was prompted by Town Trustee Jerry Miller, who raised the issue at a July 12 Town Board meeting.

It appears that Air Pollution Control Division staff responded to the Mayor’s letter by implementing remote emissions testing in Estes Park before the rulemaking hearing.   Let’s hope that Governor Hickenlooper is as broadminded about the excessive costs of rural testing for auto emissions as he has been about the safety of fracking. 

TeaLiberty.com thanks our elected officials for objecting to Control Division’s effort to enlist “vested interests” in their efforts to cram down auto emissions testing in the High Country.   The Public Rulemaking Hearing will be held on September 15 at 12:30 pm in Estes Park’s Municipal Building.  State staff made up their minds a long time ago, but it remains for the AQCC to actually approve–or deny–rules implementing emissions testing for Estes Park.

Mayor Pinkham was recently appointed to the Colorado Independent Ethics Commission (“IEC”) as an unaffiliated member.    The IEC was created by the passage of statewide ballot Amendment 41  in 2006.

TeaLiberty.com  reproduces the text of Mayor Pinkham’s letter below:

TOWN OF ESTES PARK [letterhead]

August 2, 2011

John W. Hickenlooper, Governor
136 State Capitol
Denver, CO 80203-1792

Dear Governor Hickenlooper:

SUBJECT:  Air Pollution Control Division employee communications with Estes Park auto repair businesses

On behalf of the Estes Park Town Board of Trustees, I request your attention to a matter related to state-proposed vehicle emissions testing in Estes Park.  The Air Quality Control Commission (AQCC) is considering implementing emissions testing for Estes Park in January of 2012.  In response, the Estes Park Town Board adopted a resolution on July 12 which opposes emissions testing in Estes Park.  In cooperation with Larimer County, the Town of Estes Park has requested party status at the September 15 hearing of the AQCC to decide on the matter.

The Town Board opposes emissions testing in Estes Park for the following reasons:  The relatively small number of resident vehicles in the area; the extensive number of tourist vehicles during the summer ozone season; the long distances to drive to the centralized test stations; and, the hardship of driving to the test stations for a uniquely older population demographic.

Since early May, employees from the Air Pollution Control Division of the Colorado Department of Public Health and Environment have promoted emissions diagnostics and repairs classes to Estes Park auto repair businesses—in person, by telephone and via email.  Town of Estes Park staff members have been copied on email communications which also encourage the auto repair businesses to take part in the local discussions on the matter, inferring that these businesses should speak in favor of emissions testing to the Town Board and the AQCC at its September hearing.

The Town Board finds these communications inappropriate given its stance on the issue of emissions testing in Estes Park.  Therefore, we request state employees refrain from further outreach of this nature in Estes Park until the issue is decided in September.




William C. Pinkham

cc:          Doug Decker, Air Pollution Control Division, CDPHE

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Sunday, September 11th is the 10th anniversary of the worst Al-Qaeda attack on America.   Many are urging people to fly American flags on that day.  Labor Day is also an official holiday suitable for the display of the American Flag.

If you are in the Estes Park area, the local Kiwanis club sells 3 x 5 ft. American flags for $25.  They will be outside the local Safeway on Veteran’s day to accept worn flags and to sell flags as well.  If you’d like a flag before September 11th, contact a Kiwanis Club member or call 586-9669.

For information on the proper display of the flag, check out Steve’s American Flag Page.  Lots of great information.

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