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 25-7-146 - Petroleum refinery pollution - assessment - monitoring data - rules - definitions

(1)
(a)
On or before January 1, 2025, the division shall hire an expert regarding air pollution control regulations for petroleum refineries. The petroleum refinery regulation expert shall:
(I)
Assess the feasibility, costs, and benefits for the division to propose to the commission a rule establishing a petroleum refinery control regulation; and
(II)
Assess other regulatory and nonregulatory measures.
(b)
As part of the assessments required pursuant to subsection (1)(a) of this section, The petroleum refinery regulation expert shall:
(I)
Evaluate the impact that petroleum refineries have on air quality in the state, including an evaluation of criteria air pollutants listed pursuant to the federal act and hazardous air pollutants;
(II)
Investigate the regulatory framework governing petroleum refineries in other states and at the federal level;
(III)
Identify best practices and technologies for minimizing emissions from petroleum refineries; and
(IV)
Determine actions needed to reduce emissions, including the potential for developing a specific petroleum refinery rule. If the division deems it appropriate, the division shall propose a rule specifically based on the expert's assessment on or before July 1, 2026.
(c)
Notwithstanding the timeline set forth in subsection (1)(b)(IV) of this section and notwithstanding any existing authority that the commission has under the law, the commission may adopt, and the division may propose, a rule establishing a petroleum refinery control regulation at any time.
(2)
(a)
On and after January 1, 2025, a petroleum refinery in the state shall disseminate to the division, in real time through an application programming interface, push data gathered through:
(I)
Continuous emission monitoring systems and continuous monitoring systems required under state or federal law;
(II)
Fenceline monitoring systems as required under section 25-7-141 (5);
(III)
Community-based monitoring required under section 25-7-141 (6); and
(IV)
Compliance with a state-issued compliance order.
(b)
The data disseminated to the division pursuant to subsection (2)(a) of this section must be provided through the push in a one-minute averaged resolution.
(c)
The division shall determine the format by which a petroleum refinery must transmit the data to the division.
(3)
(a)
On or before December 31, 2024, a petroleum refinery shall install and operate at least six community-based monitoring systems to monitor, at a minimum, for:
(I)
Benzene;
(II)
Toluene;
(III)
Ethylbenzene;
(IV)
Xylene;
(V)
Carbon monoxide;
(VI)
Nitrogen dioxide;
(VII)
pm
2.5
;
(VIII)
Hydrogen sulfide;
(IX)
Sulfur dioxide;
(X)
Total volatile organic compounds;
(XI)
Temperature;
(XII)
Relative humidity;
(XIII)
Wind speed; and
(XIV)
Wind direction.
(b)
The community-based monitoring systems installed and operated pursuant to this subsection (3) must be installed, certified, and operated in accordance with a plan developed by the division.
(4)
As used in this section, unless the context otherwise requires:
(a)
"Application programming interface" means a set of rules, protocols, and tools that:
(I)
Enable the interaction and communication between software applications;
(II)
Serve as an intermediary that facilitates the exchange of data, requests, and commands between distinct software systems, allowing the distinct software systems to work together seamlessly; and
(III)
Enable the development of interconnected and interoperable applications.
(b)
"Community-based monitoring" has the meaning set forth in section 25-7-141 (2)(a).
(c)
"Continuous emissions monitoring system" means the equipment:
(I)
Required to meet the data acquisition and availability requirements set forth in a construction permit or a renewable operating permit or as set forth in federal law; and
(II)
That is used to sample; condition, if applicable; analyze; and provide a record of emissions on a continuous basis.
(d)
"Continuous monitoring system" means a set of instruments and equipment that is designed to continuously measure and record various parameters that may affect emissions of air pollutants in real time and is required under a construction permit, a renewable operating permit, or federal law.
(e)
"Fenceline monitoring" has the meaning set forth in section 25-7-141 (2)(e).
(f)
"Petroleum refinery" means a stationary source covered by the North American industry classification system code 324110, as established by the federal office of management and budget.
(g)
"PM
2.5
" means particulate matter with a diameter of less than two and one-half micrometers.
(h)
"Push" means, in the context of an application programming interface, a mechanism by which a server or data source proactively sends information or updates to the division without the division explicitly requesting the information.
(i)
"Real time" means the instantaneous or near-instantaneous provision of data, without a delay of more than fifteen minutes, to ensure that data is conveyed promptly and without undue latency.
Added by 2024 Ch. 259,§ 4, eff. 5/28/2024.