A Matter of Showing Up and Being Heard

Stop me if this sounds like a broken record: a government agency decides it wants to make a statement about how environmentally aware it is, so it votes in new rules that severely impact the finishing and coating industry.

No, that wasn't taken from a story from 1999, or 2010, or even 2022. It was just this month when the Colorado Air Quality Control Commission adopted measures to control emissions of five priority air toxic contaminants, including hexavalent chromium compounds from finishing and coating operations.

The CAQCC says certain facilities in Colorado that emit these pollutants will have to reduce emissions by implementing new technologies, adjusting work practices, and using less-toxic materials.

Metal finishing shops account for a relatively small share of Colorado’s total hexavalent chromium air emissions. They are far below large combustion sources, such as coal-fired power plants, according to Colorado's 2024 air emissions data.

But historically, the finishing industry has found itself on the wrong end of disproportionate regulatory and occupational scrutiny.

You can read the article in our news section in this issue. Still, one of the most glaring aspects of the entire Colorado rules policy was that nobody from the finishing or coating industry bothered to show up to testify before the decision-making body or even to submit a letter of protest about the rules setting a zero-emission standard.

At least that is what the Communications and Outreach Specialist for the Colorado Department of Public Health and Environment told me. She says the CDPHE Air Pollution Control Division contacted stakeholders in the state during the development of the priority air toxic contaminants emission control rules and leading up to the rulemaking itself, including outreach to Colorado facilities potentially impacted by the proposal.

Even if you didn't live in Colorado or were contacted by the state, those in the finishing industry had an inkling this was happening in another state in the U.S., much like it did in California over a year ago. Our publication started reporting on this in January, but I'll assume not everyone reads what we write about.

And that's too bad, because the Colorado officials working on these rules say they wanted input from the industries these rules would be impacting. Apparently, the coal industry and other manufacturing sectors stepped up to offer insights and alternatives to ease the draconian measures.

“This progress would not have been possible without input from stakeholders,” says CDPHE Senior Director of State Air Quality Programs Michael Ogletree. “They helped us to devise programs that will protect public health while preserving economic growth.”

But apparently no one from the finishing industry — electroplaters, anodizers, liquid and powder coaters who might use hex chrome or chromic acid — bothered to show up and represent the finishers in the state, or in the country, for that matter.

These rules are enacted by state legislatures seeking environmental justice, even when there is no fire where there is smoke. They then have the state environmental agencies begin drafting these new rules, and finishing has always been an easy target because of its connections to chrome.

This happened in California, and then Colorado adopted almost the same language. If you think it will stop there, then you are probably wrong. Could Michigan, Illinois, New York, or New Jersey be far behind?

It's a matter of showing up at the beginning and having a say at the table. So far, the finishing and coating industry has failed beyond belief, with little representation.