reglab/statecodes huggingface dataset:
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 25-7-117 - State implementation plan - revisions of limited applicability

(1)
The commission, upon application by the owner or operator of a stationary or mobile source or as provided in section
25-7-110(2)
, may revise the state implementation plan or any regulation or standard that is not part of the state implementation plan pursuant to this section if it determines that:
(a)
Control techniques are not available, compliance with applicable emission control regulations would cause an unreasonable economic burden, compliance with applicable emission control regulations through new or improved technology is economically and technologically beneficial, or compliance with applicable emission control regulations would result in an arbitrary and unreasonable taking of property;
(b)
The adoption of such revision would be consistent with, and aid in, implementing the legislative policy set forth in section
25-7-102
; and
(c)
In any event, adoption of such revision would be consistent with the requirements of section 110 of the federal act.
(2)
Any revision of the state implementation plan or of a regulation or standard which is not part of the state implementation plan pursuant to the provisions of subsection (1) of this section may be adopted for such period of time as shall be specified by the commission.
L. 79: Entire article R&RE, p. 1040, § 1, effective June 20. L. 84: IP(1) and (2) amended, p. 772, § 8, effective July 1. L. 98: IP(1) and (1)(a) amended, p. 1014, § 1, effective August 5.
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 25-7-120 - Judicial review

(1)
Any final order or determination by the division or the commission shall be subject to judicial review in accordance with the provisions of this article and the provisions of article
4
of title
24
, C.R.S.
(2)
Any party may move the court to remand the case to the division or the commission in the interests of justice for the purpose of adducing additional specified and material evidence and findings thereon; but such party shall show reasonable grounds for the failure to adduce such evidence previously before the division or the commission.
(3)
Any proceeding for judicial review of any final order or determination of the division or the commission shall be filed in the district court for the district in which is located the air pollution source affected.
L. 79: Entire article R&RE, p. 1044, § 1, effective June 20. L. 84: Entire section amended, p. 775, § 11, effective July 1.
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 25-7-121 - Injunctions

(1)
In the event any person fails to comply with a final order of the division or the commission that is not subject to stay pending administrative or judicial review or in the event any person violates any emission control regulation of the commission, the requirements of the state implementation plan, or any provision of or commission rule adopted pursuant to parts 1 to 4 of this article 7, including any term or condition contained in any permit required under this article 7, the division or the commission, as the case may be, may request the district attorney for the district in which the alleged violation occurs or the attorney general to bring, and if so requested it is the district attorney's or the attorney general's duty to bring, a suit for an injunction to:
(a)
Prevent any further or continued violation;
(b)
Reduce the potential for a recurrence of a violation for which the division has previously commenced enforcement pursuant to section 25-7-115 (2)(c)(I); or
(c)
Obtain any permit required to construct or operate.
Amended by 2024 Ch. 183,§ 4, eff. 5/16/2024, app. to enforcement actions commenced by the division of administration in the department of public health and environment and the energy and carbon management commission on or after 5/16/2024.
Amended by 2016 Ch. 94, § 16, eff. 8/10/2016.
L. 79: Entire article R&RE, p. 1044, § 1, effective June 20. L. 84: (1) and IP(2) amended, p. 775, § 12, effective July 1. L. 92: Entire section amended, p. 1220, § 22, effective July 1. L. 2016: (1) amended, (HB 16-1094), ch. 94, p. 268, § 16, effective August 10.
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 25-7-122.5 - Enforcement of chlorofluorocarbon regulations

(1)
Whenever the division has reason to believe that any person has violated the rules and regulations promulgated pursuant to section
25-7-105(11)
, the division may issue a notice of violation or a cease-and-desist order. Such notice or order shall set forth the rule or regulation alleged to have been violated, the facts constituting such violation, and any measures which the person is required to take. In addition, if the division finds that a person is in violation of any rule or regulation promulgated pursuant to section
25-7-105(11)
, it may assess a fine of up to one thousand dollars for each violation.
(2)
Any person who has been issued a notice of violation or a cease-and-desist order or who has been ordered to pay a fine may request a hearing before the commission to contest the notice, order, or fine. Such request shall be filed within thirty days after the notice or order has been issued or the fine has been assessed. Upon such request, a hearing shall be held before the commission within a reasonable time.
(3)
After a hearing pursuant to subsection (2) of this section, any person aggrieved by the determination of the commission may seek judicial review of the commission's order within thirty days after entry thereof in the district court for the judicial district in which the violation occurred.
(4)
All fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.
L. 89: Entire section added, p. 1158, § 4, effective May 26.
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 25-7-122.6 - Administrative and judicial stays

(1)
Except with respect to emergency orders issued pursuant to sections
25-7-112
and
25-7-113
, and delayed compliance orders issued pursuant to section
25-7-118
, any person to whom an order has been issued by the division or the commission, or against whom an adverse determination has been made, may petition the commission or the district court for the district in which is located the air pollution source affected, as appropriate, for a stay of the effectiveness of such order or determination.
(2)
Such petitions may be filed prior to any such order or determination becoming final or during any period in which such order or determination is under judicial review.
(3)
Such stay shall be granted if there is probable cause to believe:
(a)
That the movant will suffer irreparable harm if the motion is denied;
(b)
That there will be no irreparable harm to human health, welfare, or the environment if the motion is granted; and
(c)
That the movant will succeed on the merits of its case.
(4)
Such order shall be stayed pending a final determination of the petition.
L. 92: Entire section added, p. 1223, § 25, effective July 1.
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 25-7-124 - Relationship with federal government, regional agencies, and other states

(1)
The commission shall serve as the state agency for all purposes of the federal act and regulations promulgated under said act; except that the department of public health and environment shall accept and supervise the administration of loans and grants from the federal government and from other sources, public or private, which are received by the state for air pollution control purposes.
(2)
Repealed.
(3)
The department of public health and environment may enter into agreements with any air pollution control agencies of the federal government or other states and with regional air pollution control agencies, but any such agreement involving, authorizing, or requiring compliance in this state with any ambient air quality standard or emission control regulation shall not be effective unless or until the commission has held a hearing with respect to such standard or regulation and has adopted the same in compliance with section
25-7-110
.
L. 79: Entire article R&RE, p. 1046, § 1, effective June 20. L. 94: (1) and (3) amended, p. 2784, § 502, effective July 1. L. 2005: (2) repealed, p. 282, § 19, effective August 8.
For the legislative declaration contained in the 1994 act amending subsections (1) and (3), see section 1 of chapter 345, Session Laws of Colorado 1994.
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 25-7-125 - Organization within department of public health and environment

The air quality control commission, together with the technical secretary under said commission, is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions specified in this article under the department of public health and environment.
Amended by 2023 Ch. 303,§ 42, eff. 8/7/2023.
L. 79: Entire article R&RE, p. 1046, § 1, effective June 20. L. 84: Entire section amended, p. 776, § 14, effective July 1. L. 94: Entire section amended, p. 2784, § 503, effective July 1.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
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 25-7-126 - Application of article

(1)
The factual or legal basis for proceedings or other actions that shall result from a violation of any emission control regulation inure solely to and shall be for the benefit of the people of the state generally, and it is not intended to create by this article, in any way, new or enlarged private rights, or to enlarge existing private rights, or to diminish private rights. A determination that air pollution exists or that any standard has been disregarded or violated, whether or not a proceeding or action may be brought by the state, shall not create by reason thereof any presumption of law or finding of fact which shall inure to or be for the benefit of any person other than the state.
(2)
Other than section
25-7-112
or
25-7-113
, the provisions of this article and regulations adopted under this article shall not apply to air pollution insofar as such pollution exists within the confines of a particular commercial or industrial plant, works, or shop which is the source of air pollution and shall not apply or affect the relations between employers and employees with respect to or arising out of any condition of air pollution.
(3)
It is the purpose of this article to provide additional and cumulative remedies to prevent and abate air pollution. Nothing in this article shall abridge or alter rights of action or remedies existing on June 20, 1979, or after said date, nor shall any provision of this article or anything done by virtue of this article be construed as estopping individuals, cities, towns, counties, cities and counties, or duly constituted political subdivisions of the state from the exercise of their respective rights to suppress nuisances.
L. 79: Entire article R&RE, p. 1046, § 1, effective June 20.
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 25-7-127 - Continuance of existing rules and orders

(1)
All rules or amendments to existing rules adopted by the commission on or after June 20, 1979, are subject to section
24-4-103
.
(2)
All actions, orders, and determinations by the division and the state board of health pursuant to article 29 of chapter 66, C.R.S. 1963, as that article existed on January 1, 1970, shall remain in full force and effect until countermanded or modified by the division.
(3) to (5)
Repealed.
Amended by 2022 Ch. 28,§8, eff. 8/10/2022.
Amended by 2019 Ch. 13,§3, eff. 8/2/2019.
L. 79: Entire article R&RE, p. 1047, § 1, effective June 20. L. 80: (1) amended, p. 788, § 25, effective June 5. L. 84: (3) and (4) amended and (5) added, p. 776, § 15, effective July 1. L. 2019: (3), (4), and (5) repealed, (SB 19-083), ch. 55, p. 55, §3, effective August 2.
2022 Ch. 28, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 19-083, see section 1 of chapter 13, Session Laws of Colorado 2019.
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 25-7-131 - Training programs - emission controls

(1)
(a)
State-employed investigators shall complete a training course and pass qualification tests as developed and approved by the commission, after conferring with the department of revenue, as related to the orientation and basic maintenance procedures on air pollution control systems installed by manufacturers. The commission may waive the requirement for completion of such a training course under such circumstances as the commission deems appropriate. Only inspectors passing said qualification tests shall perform emissions inspections. The commission may require that inspection stations have on hand any equipment necessary to complete emissions inspections as provided for in this section.
(b)
Repealed.
(1.1)
Repealed.
(2)
The training programs provided for by this section shall be oriented toward basic motor vehicle air pollution control systems installed in motor vehicles by the manufacturers and shall be made available to motor vehicle mechanics on a voluntary basis in such air quality control areas as the commission may designate in coordination with educational facilities throughout the state in which it may certify to conduct such training.
(3) and (4)
Repealed.
L. 79: Entire article R&RE, p. 1049, § 1, effective June 20. L. 81: (1) amended and (1.1) added, p. 1944, 1951, §§ 6, 20, effective July 1. L. 84: (1)(b) and (1.1) repealed, p. 1080, § 1, effective July 1. L. 96: (3) and (4) repealed, p. 1243, § 107, effective August 7.
For the legislative declaration contained in the 1996 act repealing subsections (3) and (4), see section 1 of chapter 237, Session Laws of Colorado 1996.
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 25-7-132 - Emission data - public availability - submission of 2023 reports to state auditor - definitions - repeal

(1)
Notwithstanding any other provisions of this article 7 or any other law to the contrary, all emission data received or obtained by the commission or the division shall be available to the public to the extent required by the federal act.
(2)
(a)
As used in this subsection (2), unless the context otherwise requires:
(I)
"Operator" has the meaning set forth in section
34-60-103
.
(II)
"Random sample" has the meaning set forth in section
2-3-128 (1)(e)
.
(b)
On or before April 15, 2025, the division shall submit to the state auditor the oil and natural gas emissions inventory reports, as required to be submitted by rule of the commission, filed for calendar year 2023 by the operators included in the random sample.
(c)
This subsection (2) is repealed, effective July 1, 2026.
Amended by 2024 Ch. 216,§ 14, eff. 5/21/2024.
Amended by 2022 Ch. 472, § 3, eff. 7/1/2022.
L. 79: Entire article R&RE, p. 1050, § 1, effective June 20. L. 84: Entire section amended, p. 776, § 16, effective June 20.
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 25-7-134 - [Repealed]

L. 89: Entire section added, p. 1159, § 4, effective May 26. L. 93: (1) and (2) amended, p. 1924, § 5, effective July 1. L. 94: (1), (2), and (4) amended, p. 2562, § 69, effective 1/1/1995. L. 96: Entire section repealed, p. 1259, § 158, effective August 7.
For the legislative declaration contained in the 1996 act repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
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 25-7-135 - Ozone protection fund created

(1)
There is hereby created in the state treasury an ozone protection fund, which shall consist of fees collected pursuant to section
25-7-105 (11)
. In accordance with section
24-36-114
, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the ozone protection fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.
(2)
(Deleted by amendment, L. 2003, p. 723, § 2, effective July 1, 2003.)
L. 92: Entire section added, p. 1294, § 5, effective July 1. L. 94: (1) amended, p. 2785, § 505, effective July 1. L. 98: (2) amended, p. 1335, § 50, effective June 1. L. 2003: Entire section amended, p. 723, § 2, effective July 1.
For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.
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 25-7-136 - [Repealed]

L. 95: Entire section added, p. 1118, § 1, effective May 31. L. 96: IP(3)(a), (3)(a)(I), (3)(b)(I)(A), (3)(b)(II), and (4) amended and (3)(a.5) and (3.5) added, pp. 800, 802, §§1, 2, effective May 23.
Subsection (4) provided for the repeal of this section, effective July 1, 1999. (See L. 96, p. 802.)
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 25-7-137 - Requirements for legislative approval of Grand Canyon visibility transport commission or successor body advisory recommendations, reports, and interpretations

(1)
The general assembly hereby finds, determines, and declares:
(a)
That the Grand Canyon visibility transport commission (GCVTC) was created pursuant to section 169B of the federal act to issue a report directed toward protecting visibility in the Grand Canyon national park;
(b)
That the GCVTC's tasks assigned under the federal act have been completed, and a successor body is being proposed;
(c)
That protecting visibility is important to the people of Colorado, is an interstate issue, and is highly technical, complex, and subject to varying interpretations; and
(d)
That the provisions of this section are enacted to preserve Colorado sovereignty and to enhance public notice and awareness of the GCVTC or its successor bodies' advisory recommendations, reports, or interpretations, and to ensure public confidence in the fairness of the implementation of any Colorado requirements.
(2)
The governor or the governor's designee is encouraged to attend and participate in the successor body to the GCVTC. A stakeholder process shall be implemented to include representatives of the general assembly. The governor shall provide an annual report of the activities of the GCVTC or its successor bodies to the general assembly until such time as the governor has forwarded to the federal environmental protection agency notification that the state shall comply with the provisions of Title 40, code of federal regulations, part 51.308, adopted in accordance with the federal act. The goal of this process is to protect the interest of Colorado over air quality issues.
(3)
No final recommendation or report or other action of the GCVTC or its successor bodies may impose any new or different requirements upon the regulated community or citizens of the state of Colorado unless approved or enacted by the general assembly acting by bill.
L. 97: Entire section added, p. 1625, § 1, effective August 6. L. 2000: (2) amended, p. 1552, § 29, effective August 2.
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 25-7-139 - Methyl tertiary butyl ether - prohibition - phase-out - civil penalty

(1)
The general assembly finds and declares that methyl tertiary butyl ether ("MTBE") is an oxygenate used in gasoline and other fuel products in this state and in the United States. The general assembly also finds that MTBE may leak into and contaminate groundwater supplies, and that MTBE is water soluble and therefore is difficult and costly to remove from water. MTBE is colorless, tastes and smells like turpentine, and can be tasted and detected by smell at extremely low concentrations. MTBE may be a human carcinogen and poses other potential health risks, including but not limited to memory loss, asthma, and skin irritation.
(2)
The general assembly further finds and declares that water is precious and vital to this state's growing population, agricultural industry, and unique environment. Therefore it is the intent of the general assembly in enacting this section to halt further contamination and pollution of this state's groundwater supplies by MTBE.
(3)
(a)
(I)
Except as otherwise provided in this paragraph (a), a person may not sell, offer for sale, or store any fuel product containing or treated with MTBE.
(II)
The provisions of this paragraph (a) shall not apply if the presence of MTBE in a fuel product is caused solely by incidental commingling of MTBE with the fuel product during storage or transfer of the fuel product. In no event shall the provisions of this subsection (3) be construed to permit the knowing or willful addition of MTBE to any fuel product.
(b)
(Deleted by amendment, L. 2005, p. 283, § 21, effective August 8, 2005.)
(c)
For purposes of this section, "fuel product" means gasoline, reformulated gasoline, benzine, benzene, naphtha, benzol, and kerosene and any other volatile and inflammable liquid that is produced, compounded, and offered for sale or used for the purpose of generating power in internal combustion engines or generating heat or light or used for cleaning or for any other similar usage.
(4)
Any person who violates the provisions of this section shall be subject to a civil penalty as provided in section
25-7-122 (1)(e)
.
L. 2000: Entire section added, p. 762, § 1, effective September 1. L. 2005: (3)(a)(I) and (3)(b) amended, p. 283, § 21, effective August 8.
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 25-7-145 - Legislative interim committee on ozone air quality - created - members - repeal

(1)
Notwithstanding section
2-3-303.3
, the legislative interim committee on ozone air quality, referred to in this section as the "committee", is created.
(2)
The purpose of the committee is to study ozone air quality in the state with a focus on:
(a)
Investigating the factors that contribute to ozone pollution in the state, including any scientific consensus around the issue of ozone pollution;
(b)
Analyzing strategies to address and improve ground-level ozone issues; and
(c)
Developing policy, technical, and financial solutions to improve ozone air quality in the state.
(3)
The committee consists of:
(a)
Six members of the senate, with four members appointed by the president of the senate and two members appointed by the minority leader of the senate; and
(b)
Six members of the house of representatives, with four members appointed by the speaker of the house of representatives and two members appointed by the minority leader of the house of representatives.
(4)
The appointing authorities shall appoint the members of the committee no later than June 30, 2023. If a vacancy arises on the committee, the appointing authority shall appoint a member to fill the vacancy as soon as possible.
(5)
The speaker of the house of representatives shall designate the chair of the committee. In the case of a tie vote, the chair of the committee shall cast an additional deciding vote.
(6)
The chair of the committee shall schedule the first meeting of the committee no later than sixty days after June 30, 2023. The committee may meet up to six times during the 2023 interim, which may include field trips.
(7)
The legislative council and the office of legislative legal services shall provide staff assistance to the committee.
(8)
The committee shall seek presentations and comments from affected industries, workers, local governments, relevant state agencies, and impacted communities experiencing ozone pollution.
(9)
This section is repealed, effective July 1, 2024.
Added by 2023 Ch. 401,§ 2, eff. 6/6/2023, app. to conduct occurring on or after the effective date of this act, including determinations of applications pending on the effective date.
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 25-7-147 - Rapid response inspection team

(1)
The division shall establish a rapid response inspection team to respond quickly to air quality complaints filed with the division. The division shall hire and develop a team to serve as the rapid response inspection team.
(2)
The rapid response inspection team shall develop processes and best practices for quickly responding to air quality complaints filed and for giving priority to air quality complaints related to adverse effects in disproportionately impacted communities of the state. The rapid response team shall also develop and implement outreach efforts to educate and engage with communities about events and conditions that lead to excess emissions within the communities. The rapid response team shall track and report on the division's website the number of complaints filed and post what, if any, formal enforcement action was taken as a result of the complaint.
(3)
The rapid response inspection team shall not respond to any issue arising within the boundaries of the Southern Ute Indian or Ute Mountain Ute reservation absent the express consent of the governing body of the affected tribe. The rapid response inspection team shall refer any complaint within the jurisdiction of the Southern Ute Indian or Ute Mountain Ute tribe to the environmental programs department of the relevant tribe and may respond to the complaint only with the express consent of the governing body of the affected tribe.
Added by 2024 Ch. 259,§ 4, eff. 5/28/2024.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-201 - Prevention of significant deterioration program

(1)
It is the policy of this state to prevent the significant deterioration of air quality in those portions of the state where the air quality is better than the national ambient air quality standards by means including, but not limited to, the following:
(a)
Except as provided in section
25-7-209
, in areas designated as Class I, II, or III, pursuant to this article and in accordance with the federal act, increases allowed in air pollutant concentrations over the baseline concentration from the construction of major stationary sources or from major modifications shall, in the case of particulate matter and sulfur dioxide, be the same as those increases established by section 163(b) of the federal act and shall, in the case of any other air pollutants, be the same as those increases established pursuant to section 166(a) of the federal act. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.
(b)
No concentration of an air pollutant shall exceed a national ambient air quality standard.
(c)
No major stationary source or major modification shall be constructed unless the requirements of this part 2, as applicable, have been met.
L. 79: Entire article R&RE, p. 1050, § 1, effective June 20. L. 81: (1)(c) amended, p. 1306, § 1, effective May 29.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-202 - [Repealed]

L. 79: Entire article R&RE, p. 1051, § 1, effective June 20. L. 81: (4)(a), (4)(b), IP(4)(c), (4)(c)(VII), (4)(d), and (5) to (7) amended and (4)(c) and (6.5) added, pp. 1306, 1308, §§ 2, 3, effective May 29. L. 84: (2) amended, p. 776, § 17, effective July 1. L. 92: Entire section repealed, p. 1233, § 41, effective July 1.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-203 - State implementation plan - contents

In accordance with Part C (Prevention of Significant Deterioration) of the federal act and this part 2, the commission shall incorporate in the state implementation plan emission limitations, requirements for employment of best available control technology, and such other measures as may be necessary to prevent significant deterioration of ambient air quality in each region, or portion thereof, of the state identified pursuant to section 107(d)(1)(D) or (E) of the federal act.
L. 79: Entire article R&RE, p. 1053, § 1, effective June 20.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-204 - Exclusions

(1)
The requirements of the state implementation plan for prevention of significant deterioration of ambient air quality shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that:
(a)
As to the pollutant, the source or modification is subject to part 3 of this article, and the source or modification would impact no area attaining the national ambient air quality standards (either internal or external to areas designated as nonattainment under section 107 of the federal act); or
(b)
(Deleted by amendment, L. 92, p. 1229, § 27, effective July 1, 1992.)
(c)
Such emissions would be from a temporary activity which will not have an adverse impact on air quality in any class I area or an area where an allowable increase over the baseline concentration is known to be violated; except that such temporary activities shall be subject to requirements related to the employment of best available control technology; or
(d)
Such emissions would not be significant.
(2)
The following pollutant concentrations shall be excluded in determining compliance with maximum allowable increases:
(a)
Concentrations attributable to the increase in emissions from sources which have converted from the use of petroleum products, natural gas, or both, by reason of an order in effect under section 2(a) and (b) of the federal "Energy Supply and Environmental Coordination Act of 1974" (or any superseding legislation) over the emissions from such sources before the effective date of such an order, but not more than five years after the effective date of such an order;
(b)
Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the federal "Power Act" over the emissions from such sources before the effective date of such plan but not more than five years after the effective date of the plan; and
(c)
(Deleted by amendment, L. 92, p. 1229, § 27, effective July 1, 1992.)
(d)
Concentrations of particulate matter attributable to an increase in emissions from temporary activity.
L. 79: Entire article R&RE, p. 1053, § 1, effective June 20. L. 81: (1)(c) amended and (1)(d) and (2) added, p. 1308, §§ 4, 5, effective May 29. L. 92: (1)(b), (2)(b), and (2)(c) amended, p. 1229, § 27, effective July 1.
For the "Energy Supply and Environmental Coordination Act of 1974", see Pub.L. 93-319, codified at 15 U.S.C. § 791 et seq.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-205 - Innovative technology - waivers

The division or the commission may grant a waiver from the best available control technology requirements of this part 2 for proposed new or modified sources in order to encourage the use of an innovative technological system or systems of continuous emission reduction if the administrator of the United States environmental protection agency has delegated such authority and if the division or the commission determines, after notice and opportunity for public hearing, and after securing the consent of the governor of an affected state, to the extent that such consent may be lawfully required by the federal act, that such innovative technological system or systems of continuous emission reduction have a substantial likelihood of achieving greater continuous emission reduction than the means of emission limitation which, but for such waiver, would be required, or of achieving continuous emission reduction equivalent to that which, but for such waiver, would be required, at a lower cost in terms of energy or economic or nonair quality environmental impact. If a public hearing is requested by an interested person, the request shall, within twenty days after its receipt, be transmitted to the commission. The commission shall, within sixty days after its receipt of the request, hold a public hearing with respect thereto and shall, within thirty days after such hearing, issue its decision.
L. 79: Entire article R&RE, p. 1053, § 1, effective June 20. L. 84: Entire section amended, p. 777, § 18, effective July 1. L. 92: Entire section amended, p. 1229, § 28, effective July 1.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-206 - Procedure - permits

(1)
Applications for a proposed new or modified source subject to the requirements of this part 2, or any additions to such applications, shall be processed by the division and the commission as provided in sections
25-7-114
to
25-7-114.7
.
(2)
The owner or operator of a proposed source or modification shall submit all information determined by the division to be reasonably necessary to perform any analysis or make any determination required under this part 2.
(3)
The division shall transmit to the administrator of the United States environmental protection agency a copy of each permit application relating to a major stationary source or major modification. Thereafter, the division and the commission shall provide notice to the administrator of the United States environmental protection agency of every action related to the consideration of such permit.
L. 79: Entire article R&RE, p. 1053, § 1, effective June 20. L. 84: (1) and (3) amended, p. 777, § 19, effective July 1. L. 92: (1) amended, p. 1230, § 29, effective July 1.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-207 - [Repealed]

L. 79: Entire article R&RE, p. 1054, § 1, effective June 20. L. 92: Entire section repealed, p. 1230, § 30, effective July 1.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-208 - Area designations

(1)
Except as provided in section
25-7-209
, all areas of the state shall initially be designated as provided in section 162 of the federal act.
(2)
To the extent permitted by section 164 of the federal act, the commission may redesignate any area in the state as a Class I, Class II, or Class III area. The commission shall promulgate rules and regulations in conformity with article
4
of title
24
, C.R.S., establishing the procedures for such redesignations; except that:
(a)
Such procedures shall be uniform for all redesignations;
(b)
Any redesignation may be adopted by the commission only after reasonable notice and public hearing;
(c)
All redesignations, except any established by an Indian governing body, shall be specifically approved by the governor, after consultation with the appropriate committees of the general assembly if it is in session or with the leadership of the general assembly if it is not in session, and by resolutions or ordinances enacted by the general purpose unit of local government representing a majority of the residents of the area to be redesignated;
(d)
Any redesignation shall constitute a revision to the state implementation plan and shall be submitted to the administrator of the United States environmental protection agency.
(3)
Any redesignations or any denial of an application for redesignation made pursuant to subsection (2) of this section shall be subject to judicial review in accord with section
25-7-120
.
L. 79: Entire article R&RE, p. 1054, § 1, effective June 20.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-209 - Colorado designated pristine areas for sulfur dioxide

(1)
In the following areas which were designated Colorado category I for sulfur dioxide by the commission on October 27, 1977, the increase allowed in sulfur dioxide concentrations over the baseline concentration shall be the same as the increase established by section 163(b) of the federal act for Class I areas:
(a)
National parks:
(I)
Rocky mountain;
(II)
Mesa Verde;
(III)
Great sand dunes;
(IV)
Black canyon of the Gunnison;
(b)
National monuments:
(I)
Florissant fossil beds;
(II)
(Deleted by amendment, L. 2009, (SB 09-292), ch. 1971, p. 1971, § 87, effective August 5, 2009.)
(III)
Colorado;
(IV)
Dinosaur;
(V)
(Deleted by amendment, L. 2009, (SB 09-292), ch. 1971, p. 1971, § 87, effective August 5, 2009.)
(c)
Forest service wilderness areas:
(I)
Eagles nest;
(II)
Flattops;
(III)
La Garita;
(IV)
Maroon bells - Snowmass;
(V)
Mount Zirkel;
(VI)
Rawah;
(VII)
Weminuche;
(VIII)
West elk;
(d)
Forest service primitive areas:
(I)
Uncompahgre mountain;
(II)
Wilson mountain;
(e)
Lands administered by the federal bureau of land management in the Gunnison gorge recreation area as of October 27, 1977.
L. 79: Entire article R&RE, p. 1054, § 1, effective June 20. L. 2009: (1)(a) and (1)(b) amended, (SB 09 -292), ch. 369, p. 1971, § 87, effective August 5.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-210 - Applicability

Sections 25-7-201 and 25-7-203 to 25-7-206 shall apply only to applications for proposed new major stationary sources and major modifications which are submitted on or after the date of approval by the United States environmental protection agency of the program for prevention of significant deterioration embodied in the state implementation plan.
L. 79: Entire article R&RE, p. 1055, § 1, effective June 20. L. 92: Entire section amended, p. 1230, § 31, effective July 1.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-211 - Visibility impairment attribution studies

(1)
Any visibility impairment reasonable attribution study pertaining to class I areas shall be subject to balanced peer review by a panel including scientists with appropriate expertise who do not have any substantive involvement with any party, shall be site-specific with respect to any suspected source of impairment and to any impacted area, shall be conducted under the oversight of the division, including, but not limited to, determination of deadlines for such study, and shall utilize study design and data collection and analytical techniques, including, but not limited to, contemporaneous ambient air quality, visibility, and meteorological sampling that allows correlation of the data relevant to any such study. With the exception of emissions from agricultural, horticultural, or floricultural activities that are exempted under section
25-7-109(8)
, relevant data shall include a reasonable assessment of the contributions of emissions from reasonably identifiable sources, including natural sources, within the state and region. Any remedy selection must include relevant economic impact data. In order to minimize delay in the process, the study shall proceed as expeditiously as sound science will allow. The cost of any such study shall not be required to be paid by the department of public health and environment.
(2)
Nothing in subsection (1) of this section, as amended by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
L. 94: Entire section added, p. 1615, § 1, effective May 31; entire section amended, p. 2619, § 32, effective July 1. L. 2005: Entire section amended, p. 349, § 6, effective August 8.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-213 - [Repealed]

L. 94: Entire section added, p. 1392, § 4, effective May 25.
Subsection (4) provided for the repeal of this section, effective July 1, 1995. (See L. 94, p. 1392.)
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 2 - PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM (§§ 25-7-201 — 25-7-214) › Section 25-7-214 - [Repealed]

L. 97: Entire section added, p. 933, § 1, effective May 21.
(1) Subsection (2) provided for the repeal of this section, effective January 1, 1998. (See L. 97, p. 933.)
(2) This section was enacted as § 25-7-215 but was renumbered on revision for ease of location.
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 3 - ATTAINMENT PROGRAM (§§ 25-7-301 — 25-7-305) › Section 25-7-301 - Attainment program

(1)
The commission shall develop a program providing for the attainment and maintenance of each national ambient air quality standard in each nonattainment area of the state, in conformity with and as provided in Part D (Nonattainment Program) of the federal act.
(2)
Subject to the requirement of subsection (1) of this section:
(a)
The attainment program shall be designed to account for and regulate all significant sources of air pollution, including stationary, mobile, and indirect sources, and shall assure that air quality benefits of the control measures utilized bear a reasonable relationship to economic, environmental, and energy impacts and other costs of such measures; and
(b)
Control measures required pursuant to the attainment program shall take into consideration the respective contributions of different categories of sources to air pollution, existing control measures, and the availability and feasibility of additional control measures.
L. 79: Entire article R&RE, p. 1055, § 1, effective June 20.