2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 1 - AIR QUALITY CONTROL PROGRAM (§§ 25-7-101 — 25-7-147) › Section 25-7-133 - Legislative review and approval of state implementation plans and rules - legislative declaration - definition

(1)
(a)
Notwithstanding any other provision of law but subject to subsection (7) of this section, by January 15 of each year, the commission shall certify in a report to the chairperson of the legislative council in summary form any additions or changes to elements of the state implementation plan that include any new regulatory requirements or modifications to existing regulatory requirements adopted during the prior year that are to be submitted to the administrator for purposes of federal enforceability.
(b)
The report must be written in plain, nontechnical language using words with common and everyday meaning that are understandable to the average reader. Copies of such report must be available to the public and submitted to each member of the general assembly.
(c)
This section does not apply to control measures and strategies that have been adopted and implemented by the enacting jurisdiction of a local unit of government if the measures and strategies do not result in mandatory direct costs upon any entity other than the enacting jurisdiction.
(2)
Repealed.
(2.5)
(a)
Until February 15 following submission of the certified report under subsection (1) of this section, any addition or change to the SIP must not be submitted to the administrator for final approval and incorporation into the SIP, unless the addition or change is designated by the governor or the governor's designee as a provisional submission.
(b)
By February 15, any member of the general assembly may introduce a bill to modify or delete all or a portion of the additions or changes to the SIP in the certified report submitted pursuant to subsection (1)(a) of this section. Any bill introduced under this subsection (2.5)(b) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and the house of representatives. During the period that any such bill introduced under this subsection (2.5)(b) is being considered, the additions or changes to the SIP may not be submitted to the administrator for final approval and incorporation into the SIP, unless designated by the governor or the governor's designee as a provisional submission.
(c)
If a bill introduced under subsection (2.5)(b) of this section that seeks to modify or delete the additions or changes to the SIP does not become law, the additions or changes to the SIP must be submitted to the administrator for final approval and incorporation into the SIP. If the bill becomes law, the commission shall modify or delete the additions or changes to the SIP as directed by the bill, and any modified additions or changes to the SIP shall then be submitted to the administrator for final approval and incorporation into the SIP.
(d)
As used in this subsection (2.5), "additions or changes" means additions or changes to regulatory requirements.
(3)
In order to further the goals of section
25-7-105.1
in assuring that nonfederally required rules or policies are not submitted to the administrator for inclusion in a SIP, the commission shall, effective July 1, 1995, with respect to any rule or any portion thereof not required by the federal act or which is otherwise more stringent in whole or in part than requirements of the federal act, ensure that the public notice and the general statement of such rule's basis, specific statutory authority, and purpose required by section
24-4-103
, C.R.S., in connection with the commission's proposal and promulgation of such rule shall also specifically identify what portion of such rule is not required by provisions of the federal act or is otherwise more stringent than requirements of the federal act.
(4)
(a)
The general assembly recognizes that the commission must exercise discretion in selecting from available options in developing a cost effective SIP which attains or maintains national ambient air quality standards.
(b)
On or before November 15 of each year, the commission, in coordination with designated organizations for air quality planning in local areas, shall provide the legislative council:
(I)
A comprehensive listing of additions or changes to elements of the SIP that the commission and local areas will consider during the following calendar year;
(II)
The projected schedule for local action and commission consideration of such measures;
(III)
(Deleted by amendment, L. 2000, p. 187, § 1, effective March 22, 2000.)
(IV)
The statutory deadline, if any, for submittal to the administrator of the change or addition to elements of the SIP and the corresponding federal sanctions or consequences for failure to submit the change or addition to elements of the SIP by the deadline under the federal act; and
(V)
A brief description of the principal technical and policy issues and available options presented for decision in each addition or change to elements of the SIP.
(c)
The commission, in coordination with designated organizations for air quality planning in local areas, shall communicate regularly with the legislative council regarding each of the SIP elements or revisions thereto scheduled for adoption and submission to the administrator of the United States environmental protection agency.
(5)
The information required by paragraph (b) of subsection (4) of this section shall be submitted to the legislative council in the form and manner and accompanied by supporting materials prescribed by the legislative council.
(6)
This section is exempt from the provisions of section
24-1-136 (11)
, C.R.S., and the periodic reporting requirement of this section shall remain in effect until changed by the general assembly acting by bill.
(7)
(a)
(Deleted by amendment, L. 2003, p. 1973, § 1, effective May 22, 2003.)
(b)
Any revisions to the automobile inspection and readjustment program area pursuant to section
42-4-304 (20)(d)
, C.R.S., that delete specific regions within that portion of the AIR program area that is approved for incorporation into the state implementation plan shall be submitted to the federal environmental protection agency as expeditiously as possible and shall not be subject to further review and approval pursuant to this section; except that the commission shall submit a report pursuant to subsection (1) of this section.
(c)
Repealed.
(d)
(I)
The commission shall request the governor to submit the plan adopted by the commission on March 12, 2004, to reduce the amount of pollutants emitted that create ozone pollution to the federal environmental protection agency for approval and incorporation into the state implementation plan. Passage of this paragraph (d) is in lieu of, and said plan shall be deemed to have satisfied, all review requirements under this section.
(II)
A regulated entity that is required to comply with the amendments to regulation number 7 adopted by the air quality control commission on March 12, 2004, to reduce emissions of volatile organic compounds from atmospheric condensate storage tanks shall:
(A)
Provide advance notice of the location where it intends to install an emission control unit; and
(B)
Indicate whether such unit exceeds the height of the existing equipment at the facility.
(III)
The regulated entity shall deliver the notice required pursuant to subsection (7)(d)(II) of this section to the local government designee, if any, registered with the energy and carbon management commission created in section
34-60-104.3 (1)
for receipt of information relating to oil and gas operations within a local jurisdiction and shall include a phone number for a contact person. If the local jurisdiction does not have a local government designee, the regulated entity shall deliver the notice to the municipal clerk.
(IV)
The local government shall, within ten business days after receipt of the notice, notify the regulated entity whether the local government objects to the intended installation of the emission control unit. The objection shall be based on site-specific land use issues and may not be made on a blanket basis to every proposed emission control unit installation within a local jurisdiction. If the local government fails to object within ten business days after submission of the notice, the local jurisdiction is presumed to have approved the installation of the specified emission control unit, and the regulated entity may commence such installation.
(V)
If a local government designee notifies a regulated entity of its objection within ten business days after receipt of the notice of installation of an emission control unit, the regulated entity and the local jurisdiction shall endeavor to informally resolve the matter within an additional ten business days. If such attempt fails, the local jurisdiction shall have ten business days to petition the air quality control commission for an adjudicatory hearing pursuant to section
24-4-105
, C.R.S., which petition shall be granted by the commission. The hearing shall be held and the matter decided by the commission or a hearing officer designated by the commission within forty-five calendar days after receipt of the petition by the commission. In ruling on the objection, the commission shall have the authority only to uphold or deny the objection.
(VI)
The commission shall determine the procedures and criteria that govern its review of local government objections to the installation of emission control units at atmospheric condensate storage tank facilities, and the process provided thereby shall be the exclusive procedure for such disputes. No other local permit or land use approval shall be required for the installation of such emission control units.
Amended by 2023 Ch. 235,§ 28, eff. 7/1/2023.
Amended by 2022 Ch. 300, § 9, eff. 6/2/2022.
Amended by 2013 Ch. 316, § 77, eff. 8/7/2013.
L. 79: Entire section added, p. 1552, § 15, effective June 20. L. 95: Entire section R&RE, p. 1150, §2, effective May 31. L. 2000: (1), (2), (4)(b)(I), (4)(b)(III), (4)(b)(IV), (4)(b)(V), (4)(c), and (6) amended, p. 187, § 1, effective March 22. L. 2002: (1) amended and (7) added, p. 1263, § 1, effective June 4. L. 2003: (7) amended, p. 1973, § 1, effective May 22; (7) amended, p. 1358, § 2, effective August 6. L. 2004: (7)(d) added, p. 772, § 1, effective May 20. L. 2013: (2)(c) amended, (HB 13-1300), ch. 316, p. 1688, § 77, effective August 7.
(1) Subsection (2)(d)(II) provided for the repeal of subsection (2)(d), effective July 1, 2001. (See L. 2000, p. 187 .) Subsection (7)(c)(IV) provided for the repeal of subsection (7)(c), effective December 31, 2003. (See L. 2003, p. 1973.)
(2) Amendments to subsection (7) by House Bill 03-1313 and House Bill 03-1340 were harmonized.