CO Code § 25-7-103 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 7 - Air Quality Control|Part 1 - Air Quality Control Program|§ 25-7-103. Definitions

 As used in this article 7, unless the context otherwise requires:    “Administrator” means the administrator of the federal environmental protection agency.  (1.3) “Adverse environmental effect”, as a term used in the context of regulating hazardous air pollutants, means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.  (1.5) “Air pollutant” means any fume, smoke, particulate matter, vapor, or gas or any combination thereof which is emitted into or otherwise enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter, but “air pollutant” does not include water vapor or steam condensate or any other emission exempted by the commission consistent with the federal act. Such term includes any precursors to the formation of any air pollutant, to the extent the administrator of the United States environmental protection agency or the commission has identified such precursor or precursors for the particular purpose for which the term “air pollutant” is used.    “Air pollution control authority” means the division, or any person or agency given authority by the division, or a local governmental unit duly authorized with respect to air pollution control.    “Air pollution source” means any source whatsoever at, from, or by reason of which there is emitted or discharged into the atmosphere any air pollutant.    “Allowable emissions” means the emission rate calculated for a stationary source using the maximum rated capacity of the source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:   The applicable standards promulgated pursuant to the federal act for new source performance or hazardous air pollutants;    The applicable Colorado emission control regulation; or    The emission rate specified as a permit condition.       “Ambient air” means that portion of the atmosphere, external to the sources, to which the general public has access.  (5.5) “Appliance” means any device which contains and uses as a refrigerant a class I or class II ozone depleting compound as defined by the administrator and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.  (5.7) “Approved motor vehicle refrigerant recycling equipment” means any equipment models certified by the administrator, or any independent standards testing organization approved by such administrator, to meet the standards established by the administrator which are applicable to equipment for the extraction of refrigerants from motor vehicle air conditioners. Equipment for such purpose purchased prior to the promulgation of regulations pursuant to section 25-7-105 (11)(c) shall be considered certified if it is substantially identical to equipment which is certified by the administrator.    Repealed.  (6.5) “CFC” means any of the chlorofluorocarbon chemicals CFC-11, CFC-12, CFC-112, CFC-113, CFC-114, CFC-115, or CFC-502.  (6.7) “Colorado generally available control technology” or “Colorado GACT” means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements utilizing generally available control technologies or management practices by area sources for the reduction of emissions of hazardous air pollutants considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment. (6.8) “Colorado maximum achievable control technology” or “Colorado MACT” means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements which provide for the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.    “Commission” means the air quality control commission created by section 25-7-104.    “Construction” means fabrication, erection, installation, or modification of an air pollution source. (8.5) “Disproportionately impacted community” has the meaning set forth in section 24-4-109 (2)(b)(II) .    “Division” means the division of administration of the department of public health and environment. (9.5) “Effects on public welfare” means all language referring to effects on public welfare, which includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being, whether caused by transformation, conversion, or combination with other air pollutants.    “Emission” means the discharge or release into the atmosphere of one or more air pollutants.    “Emission control regulation” means and includes any standard promulgated by regulation which is applicable to all air pollution sources within a specified area and which prohibits or establishes permissible limits for specific types of emissions in such area, and also any regulation which by its terms is applicable to a specified type of facility, process, or activity for the purpose of controlling the extent, degree, or nature of pollution emitted from such type of facility, process, or activity, any regulation adopted for the purpose of preventing or minimizing emission of any air pollutant in potentially dangerous quantities, and also any regulation that adopts any design, equipment, work practice, or operational standard. Emission control regulations shall not include standards which describe maximum ambient air concentrations of specifically identified pollutants or which describe varying degrees of pollution of ambient air. Emission control regulations pertaining to hazardous air pollutants, as defined in subsection (13) of this section, shall be consistent with the emission standards promulgated under section 112 of the federal act or section 25-7-109.3 in reducing or preventing emissions of hazardous air pollutants, and may include application of measures, processes, methods, systems, or techniques, including, but not limited to, measures which:   Reduce the volume of, or eliminate emissions of, such pollutants through process changes, substitution of materials, or other modifications;    Enclose systems or processes to eliminate emissions;    Collect, capture, or treat such pollutants when released from a process, stack, storage, or fugitive emissions point;    Are design, equipment, or work practice standards (including requirements for operator training or certification); or    Are a combination of the provisions of paragraphs (a) to (d) of this subsection (11). (11.5) “Emission data” means, with reference to any source of emission of any substance into the air:   Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of any emission which has been, or will be, emitted by the source (or of any pollutant resulting from any emission by the source), or any combination thereof;    Information necessary to determine the identity, amount, frequency, concentration, or other characteristics (to the extent related to air quality) of the emission which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source), or any combination thereof;    A general description of the location or nature, or both, of the source to the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).          “Federal act” means the federal “Clean Air Act”, 42 U.S.C. sec. 7401 et seq. (1970), as the same is in effect on November 15, 1990. (12.1) “Generally available control technology” or “GACT” means standards promulgated pursuant to section 112 of the federal act which provide for the use of generally available control technologies or management practices for the control of hazardous air pollutants for area sources, as defined in section 112 of the federal act, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.    “Hazardous air pollutant” means an air pollutant which presents through inhalation or other routes of exposure, a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise and which has been listed pursuant to section 112 of the federal act or section 25-7-109.3.    “Indirect air pollution source” means any facility, building, structure, or installation, or any combination thereof, excluding dwellings, which can reasonably be expected to cause or induce substantial mobile source activity which results in emissions of air pollutants which might reasonably be expected to interfere with the attainment and maintenance of national ambient air standards.    “Issue” or “issuance” means the mailing of any order, permit, determination, or notice, other than notice by publication, by certified mail to the last address furnished to the agency by the person subject thereto or personal service on such person, and the date of issuance of such order, permit, determination, or notice shall be the date of such mailing or service or such later date as is stated in the order, permit, determination, or notice.    “Local air pollution law” means any law, ordinance, resolution, code, rule, or regulation adopted by the governing body of any city, town, county, or city and county, pertaining to the prevention, control, and abatement of air pollution. (16.5) “Maximum achievable control technology” or “MACT” means emission standards promulgated under section 112 of the federal act requiring the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.    “Malfunction” means any sudden and unavoidable failure of air pollution control equipment or process equipment or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.    “Motor vehicle” means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways.  (18.3) “Motor vehicle air conditioner” means any air conditioner designed for installation in a motor vehicle which uses as a refrigerant any class I or class II ozone depleting compound as defined by the administrator.   (18.4) “Owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.  (18.5) “Ozone depleting compound” means any substance on the list of class I and class II ozone depleting compounds as defined by the administrator and as referenced in section 602 of the federal “Clean Air Act Amendments of 1990”.    “Person” means any individual, public or private corporation, partnership, association, firm, trust, estate, the United States or the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. (19.5) “Refrigeration system” includes refrigerators, freezers, cold storage warehouse refrigeration systems, and air conditioners, any of which hold more than one hundred pounds of refrigerant or more than one hundred pounds total if more than one refrigeration unit or system exists at the same location.    “Shutdown” means the cessation of operation of any air pollution source for any purpose.    “Start-up” means the setting in operation of any air pollution source for any purpose.    “State implementation plan” means the plan required by and described in section 110(a) of the federal act. (22.5) “Statewide greenhouse gas pollution” means the total net statewide anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride, expressed as carbon dioxide equivalent calculated using a methodology and data on radiative forcing and atmospheric persistence deemed appropriate by the commission.    “Stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant.     History. Source: L. 79: Entire article R&RE, p. 1018, § 1, effective June 20. L. 84: (6) repealed, p. 768, § 1, effective July 1. L. 89: (6.5) and (19.5) added, p. 1156, § 2, effective January 1, 1990. L. 92: (1), (11), (12), (13), and (19) amended and (1.3), (1.5), (6.7), (6.8), (9.5), (11.5), (12.1), (16.5), and (18.4) added, p. 1166, § 5, effective July 1; (1) amended and (1.5), (5.5), (5.7), (18.3), and (18.5) added, p. 1291, § 1, effective July 1. L. 94: (9) amended, p. 2780, § 494, effective July 1. L. 2006: IP added, p. 1504, § 46, effective June 1. L. 2016: (18.5) amended,(SB 16-189), ch. 210, p. 770, § 62, effective June 6. L. 2019: IP amended and (22.5) added,(HB 19-1261), ch. 355, p. 3264, § 2, effective May 30. L. 2021: (8.5) added,(HB 21-1266), ch. 411, p. 2730, § 5, effective July 2.    Editor's note:    Amendments to subsection (1.5) by Senate Bill 92-105 and House Bill 92-1178 were harmonized.    Subsection (18.4) was enacted as subsection (18.3) by Senate Bill 92-105, Session Laws of Colorado 1992, chapter 179, section 5, but has been renumbered on revision for ease of location.    Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 2, 2021.     Cross references:    For the legislative declaration contained in the 1994 act amending subsection (9), see section 1 of chapter 345, Session Laws of Colorado 1994.    For section 602 of the federal “Clean Air Act Amendments of 1990”, see 42 U.S.C. § 7671a.    For the short title (“Environmental Justice Act”) and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.     ANNOTATION   Regulation of fugitive dust emission. Regulations adopted to accomplish the regulation of fugitive dust emission must be sufficiently definitive and specific that everyone involved will be able to determine what it is that he may or may not do. Such regulations must be uniformly applicable to all persons creating the same type of emission while engaged in the same function for the same purposes. CF&I Steel Corp. v. Colo. Air Pollution Control Comm'n, 44 Colo. App. 111, 640 P.2d 238 (1981).