In addition to all other powers of the commission, the commission, pursuant to section 24-4-103 (6), C.R.S., shall have the authority to conduct emergency rule-making for the purpose of adopting an interim emission control regulation to apply for a specified period of time in place of an existing emission control regulation or to create an emission control regulation whenever federal regulations have been adopted and become effective pursuant to section 111 of the federal act and which add to the list of categories of stationary sources, or add new or more restrictive standards of performance for new sources, or whenever federal regulations are adopted and effective pursuant to section 112 of the federal act and which modify or adopt MACT or GACT for new or existing sources, and such regulations are required to be implemented by the states. Interim emission control regulations adopted pursuant to this section shall not be effective for a period greater than twelve months from the date of adoption.
Source: L. 92: Entire section added, p. 1178, � 13, effective July 1.
25-7-109.2. Small business stationary source technical and environmental compliance assistance program - rules - advisory panel - legislative declaration - repeal. (1) The commission shall promulgate such rules, regulations, and procedures as are necessary to establish and administer the Colorado small business stationary source technical and environmental compliance assistance program consistent with the requirements of the federal act.
(2) There is hereby created a compliance advisory panel, which shall:
(a) Render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered, degree of enforcement, and severity of penalties;
(b) Make periodic reports to the governor and the administrator of the United States environmental protection agency;
(c) Review information for small business stationary sources to assure such information is understandable by the layperson; and
(d) Advise the small business stationary source technical and environmental compliance assistance program, which shall serve as the secretariat for the development and dissemination of such reports and advisory opinions.
(3) The panel shall consist of:
(a) Two members who are not owners or representatives of owners of small business stationary sources, appointed by the governor to represent the general public;
(b) Two members who are owners or who represent owners of small business stationary sources, one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives;
(c) Two members who are owners or who represent owners of small business stationary sources, one appointed by the president of the senate and one appointed by the minority leader of the senate; and
(d) One member appointed by the executive director of the department of public health and environment to represent such department.
(4) Members of the panel shall serve for terms of three years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. Each term commences on February 1 of the year of appointment. Vacancies occurring during the term of office of any member of the panel shall be filled for the unexpired portion of the regular term in the same manner as for the original appointment.
(5) In furtherance of the small business stationary source technical and environmental compliance assistance program established as provided in subsection (1) of this section, the department of public health and environment shall serve as ombudsman for small business stationary sources. The department shall carry out the ombudsman duties using personnel outside of the air pollution control division.
(6) The general assembly finds, determines, and declares that this section is enacted for purposes of compliance with the provisions of section 507 of the federal act, 42 U.S.C. sec. 7661f. Subsections (2), (3), and (4) of this section and this subsection (6) are repealed, effective September 1, 2026. Prior to said repeal, the compliance advisory panel shall be reviewed by a legislative committee of reference, designated pursuant to section 2-3-1201, C.R.S., to conduct the review pursuant to section 2-3-1203, C.R.S.
Source: L. 92: Entire section added, p. 1161, � 3, effective July 1; entire section added, p. 1178, � 13, effective July 1. L. 94: (3)(d) amended, p. 2782, � 498, effective July 1. L. 96: (6) amended, p. 798, � 12, effective May 23; (5) amended, p. 845, � 1, effective July 1, 1997. L. 98: (6) amended, p. 76, � 1, effective March 23. L. 2004: (6) amended, p. 349, � 16, effective July 1. L. 2005: (6) amended, p. 155, � 1, effective April 5. L. 2015: (2)(d), (4), and (6) amended, (SB 15-103), ch. 74, p. 196, � 2, effective July 1. L. 2022: (4) amended, (SB 22-013), ch. 2, p. 59, � 77, effective February 25.
Editor's note: Amendments to this section by Senate Bill 92-97 and Senate Bill 92-105 were harmonized.
Cross references: For the legislative declaration contained in the 1994 act amending subsection (3)(d), see section 1 of chapter 345, Session Laws of Colorado 1994.
25-7-109.3. Colorado hazardous air pollutant control and reduction program - rules - repeal. (1) The commission shall promulgate appropriate rules pertaining to hazardous air pollutants that are consistent with this section, section 25-7-109.5, and the requirements of and emission standards promulgated pursuant to section 112 of the federal act, including any standard required to be imposed under section 112(r) of the federal act. The commission shall monitor the progress and results of the risk studies performed under section 112 of the federal act to show that Colorado's hazardous air pollutant control and reduction program is at least as protective as the national strategy.
(2) The commission may promulgate rules pertaining to hazardous air pollutants in accordance with this section, section 25-7-109.5, and section 25-7-114.4. In order to minimize additional regulatory and compliance costs to the state's economy, any program created by the commission pursuant to this section may contain a provision that exempts from the requirements of the program those sources or categories of sources that it determines to be of minor significance. Consistent with the provisions of section 25-7-105.1, the commission shall authorize synthetic minor sources of hazardous air pollutants by the issuance of construction permits or prohibitory or other rules. The commission shall expeditiously implement this subsection (2) to ensure that all sources may be able to timely qualify as a synthetic minor source, thereby avoiding the costs of the operating permit program.
(3) (a) (I) As soon as adequate scientific, technological, and hazardous air pollutant emissions information is available, the commission may promulgate regulations for the control of hazardous air pollutants, including utilizing Colorado GACT or Colorado MACT technology-based emission reduction requirements, as defined in section 25-7-103 (6.7) and (6.8).
(II) The division may establish schedules of compliance of up to five years leading to final compliance for any such regulation, which shall be enforced through regulations or conditions in construction permits issued pursuant to section 25-7-114.2 or 25-7-114.5. In determining any schedule of compliance, the division shall consider the current availability of technology, costs of compliance, and the consequence of delay to the public health or environment or economy.
(III) The division shall issue its determination of Colorado GACT or Colorado MACT and the compliance schedule in writing.
(IV) Within thirty calendar days after receipt of a determination by the division requiring installation of Colorado GACT or Colorado MACT and the compliance schedule, pursuant to this subsection (3), a source may appeal such a determination or compliance schedule by filing with the commission a written petition requesting a hearing to review the determination on a de novo basis.
(V) Such hearing shall allow the parties to present evidence and argument on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
(b) and (b.1) Repealed.
(c) The commission shall designate by regulation those classes of minor or insignificant sources of emissions of hazardous air pollutants which are exempt from the requirements of this section because their emissions of hazardous air pollutants will result in an inconsequential risk to public health.
(d) (I) A source subject to the requirements of this section may be exempt from installation of Colorado MACT or Colorado GACT or any Colorado health-based requirement if the division makes a determination that an alternative level of control, including no emission controls, will result in an inconsequential risk to public health.
(II) The division shall issue its determination of a source's request for exemption under this paragraph (d) in writing within sixty days of receipt of a complete application for an exemption and shall publish notice of its determination by at least one publication in a newspaper of general distribution in the area of the source requesting the exemption.
(III) Within thirty calendar days after receipt of a determination by the division of a request for exemption by a source under this paragraph (d), the source or any person may appeal such determination by filing with the commission a written petition requesting a hearing to review the exemption request on a de novo basis.
(IV) Such hearing shall allow the parties to present evidence and argument on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
(e) Any source as defined in section 112(i) of the federal act, and regulations promulgated thereunder, that participates in the early reduction program pursuant to section 112(i) of the federal act, or this article, shall be exempt from the requirements of this section for the same period of time exemptions from federal requirements or requirements under this article are allowed under the early reduction program.
(f) and (g) Repealed.
(4) (a) (I) The commission may adopt rules pertaining to those sources identified as emitting hazardous air pollutants regulated under this section, which may include additional emission reduction requirements to address any residual risk of health effects with respect to actual persons living in the vicinity of sources after installation of technology-based controls. Imposition of such requirements may be made pursuant to section 25-7-109.5 or upon a determination by the commission that operation of sources without health-based controls does not or will not represent an inconsequential threat to public health. Rules as finally adopted pursuant to this subsection (4) may apply on a source-specific basis.
(II) Repealed.
(b) Repealed.
(c) Subject to paragraph (a) of this subsection (4), for existing sources not subject to regulation under section 25-7-114.3, or not subject to regulation as a modified source, the commission may promulgate health-based regulations on a source-by-source basis, with the exceptions specified in paragraph (d) of this subsection (4).
(d) The commission may recognize similarities among regulated sources or apply, when appropriate, previous control requirements established by the commission pursuant to paragraph (a) of this subsection (4) in making a determination about the need for such regulation under this subsection (4). The commission shall also consider fundamentally different factors between sources in making these determinations.
(e) The commission may establish schedules of compliance leading to final compliance for any regulation promulgated pursuant to this subsection (4).
(f) A hearing conducted by the commission under this subsection (4) shall be conducted in accordance with section 25-7-110 or 25-7-119 or article 4 of title 24, C.R.S., as applicable.
(g) In reaching a determination under this subsection (4), the commission shall give consideration to the technical availability of methods of compliance, the costs of compliance, and the consequences of delay. The commission shall also consider cost-benefit analysis and risk-benefit analysis pursuant to section 24-4-103 (4.5), C.R.S.
(h) Temporary exceptional authority. (I) (A) This subparagraph (I) shall apply until such time as the commission is authorized to act pursuant to paragraph (a) of this subsection (4). If the executive director of the department of public health and environment finds that a source in a category or subcategory of sources listed or proposed to be listed under section 112 of the federal act for which MACT or GACT is not scheduled for proposal until after 1997 and presents an unacceptable threat of actual health effects, then the executive director may direct the commission to evaluate and, as necessary, study such actual health effects. If the commission finds by a preponderance of the evidence that waiting until the source would be required to install GACT or MACT under section 112 of the federal act will cause an unacceptable incremental threat of actual health effects to persons living in the vicinity of such source, the commission may promulgate regulations for the control of hazardous air pollutants for the source. The control regulations may include the least restrictive control that will adequately protect the public, including but not limited to: Chemical substitution, pollution prevention, work process modifications, additional control technologies, or Colorado MACT or GACT. In promulgating Colorado GACT or MACT for the source, the commission shall consider and be as consistent as possible with GACT or MACT under section 112 of the federal act, minimization of duplicative capital expenditures and minimization of substantial reconstruction time. The commission shall provide a schedule of compliance leading to final compliance which considers matters identified in paragraphs (c), (e), (f), and (g) of this subsection (4).
(B) Any source which is required to install Colorado MACT or GACT under regulations promulgated pursuant to sub-subparagraph (A) of this subparagraph (I) only and which subsequently is required to install federal MACT or GACT that is significantly different than Colorado MACT or GACT and imposes a significant capital cost on the source, then the general assembly shall study and consider whether an operating permit fee credit or a state tax credit for the capital costs, or a percentage of the costs, is appropriate.
(II) Until such time as the commission is authorized to act pursuant to paragraph (a) of this subsection (4) and upon the recommendation of the executive director of the department of public health and environment, the governor may find, as expressed in an executive order, that after an existing source has installed Colorado or federal MACT or GACT, or Colorado MACT or GACT has been proposed for a new source or a modification of an existing source, the source presents an unacceptable threat of actual health effects. The governor may then direct the commission to evaluate and, as necessary, conduct studies on actual health effects. If the commission determines by a preponderance of the evidence that emissions of hazardous air pollutants by the source will cause an unacceptable threat of actual health effects to persons living in the vicinity of such source, the commission may then promulgate additional technology-based control regulations, pollution prevention, or health-based measures to protect the public health. The commission shall provide a schedule of compliance leading to final compliance which considers matters identified in paragraphs (c), (e), (f), and (g) of this subsection (4).
(III) This subsection (4)(h) is repealed, effective July 1, 2026.
(5) (a) The substances listed in or pursuant to section 112(b) of the federal act, and the following substances, are declared to be hazardous air pollutants and are subject to regulation by the commission under this section:
Chemical Abstracts
Service Number Chemical
(I) 50-18-0 Cyclophosphamide
(II) 50-32-8 Benzo(a)pyrene
(III) 52-24-4 Tris(aziridinyl)-phosphine sulfide
(IV) 52-24-4 Thio-tepa
(V) 53-70-3 Dibenz[a,h]anthracene
(VI) 55-98-1 1,4-butanediol dimethanesulphonate
(VII) 56-53-1 Dirthylstulresterol
(VIII) 56-55-3 Benz[a]anthracene
(IX) 70-25-7 N-methyl-n-nitro-n-nitrosoguanidine
(X) 78-98-8 Methylglyoxol
(XI) 115-28-6 Chlorendic acid
(XII) 117-10-2 Chrysazin
(XIII) 122-60-1 Phenyl glycidyl ether
(XIV) 132-27-4 2-biphenylol sodium salt
(XV) 154-93-8 Bischloroethyl nitrosourea
(XVI) 298-81-7 8-methoxypsoralen
(XVII) 299-75-2 Treosulphan
(XVIII) 305-03-3 Clorambucil
(XIX) 370-67-2 Azactidine
(XX) 366-70-1 Procarbazine hydrochloride
(XXI) 446-86-6 Azathioprine
(XXII) 484-20-8 5-methoxypsoralen
(XXIII) 494-03-1 Chlornaphazine
(XXIV) 590-96-5 Methanol, (methyl-onn-azoxy)
(XXV) 607-57-8 2-nitrofluorene
(XXVI) 615-53-2 N-nitroso-n-methylurethane
(XXVII) 817-09-4 Trichlormethine
(XXVIII) 1188-47-2 Nitrilotriacetic
acid, copper(2+)salt(1:1)
(XXIX) 1188-48-3 Nitrilotriacetic
acid, magnesium salt(1:1)
(XXX) 1309-64-4 Antimony oxide
(XXXI) 1317-98-2 Valentinite
(XXXII) 1402-68-2 Aflatoxins
(XXXIII) 2399-81-7 Nitrilotriacetic acid,
beryllium salt(1:1)
(XXXIV) 2399-83-9 Nitrilotriacetic acid,
barium salt(1:1)
(XXXV) 2399-85-1 Nitrilotriacetic acid,
tripotassium salt
(XXXVI) 2399-86-2 Nitrilotriacetic acid,
dipotassium salt
(XXXVII) 2399-87-3 Nitrilotriacetic acid,
beryllium potassium salt(1:1)
(XXXVIII) 2399-88-4 Nitrilotriacetic acid,
potassium magnesium salt(1:1:1)
(XXXIX) 2399-89-5 Nitrilotriacetic acid,
potassium strontium salt(1:1:1)
(XL) 2399-94-2 Nitrilotriacetic acid,
calcium salt(1:1)
(XLI) 2455-08-5 Nitrilotriacetic acid,
calcium potassium salt(1:1:1)
(XLII) 2475-45-8 Disperse blue 1
(XLIII) 2646-17-5 C1 solvent orange2
(XLIV) 3130-95-8 Nitrilotriacetic acid,
scandium (3+) salt (1:1)
(XLV) 3438-06-0 Nitrilotriacetic acid,
neodymium (3+) salt (1:1)
(XLVI) 5064-31-3 Nitrilotriacetic acid,
trisodium salt
(XLVII) 5522-43-0 1-nitropyrene
(XLVIII) 5798-43-6 Nitrilotriacetic acid,
disodium salt, compound
with oxo (dihydrogen nit)
(XLIX) 7496-02-8 6-nitrochrysene
(L) 10042-84-9 Nitrilotriacetic acid,
sodium salt (unspecified)
(LI) 10043-92-2 Radon decay products
(LII) 10413-71-5 Nitrilotriacetic acid,
erbium(3+) salt (3:1)
(LIII) 12412-52-1 Senarmontite
(LIV) 12510-42-8 Erionite
(LV) 13010-47-4 1-(2-chloroethyl)-3-
cyclohexyl-1-nitrosourea
(LVI) 13909-09-6 1,(2-chloroethyl)-3-(4
methyl-cyclohexyl)-1
nitrosourea
(LVII) 14695-88-6 Nitrilotriacetic acid,
compound with iron
chloride, as /fecl3/
(LVIII) 14807-96-6 Talc (containing
asbestos fibers)
(LIX) 14981-08-9 Nitrilotriacetic acid,
calcium salt
(LX) 15414-25-2 Nitrilotriacetic acid,
yttrium (3+) salt (1:1)
(LXI) 15467-20-6 Nitrilotriacetic acid,
disodium salt
(LXII) 15663-27-1 Cisplatin
(LXIII) 15844-52-7 Nitrilotriacetic acid,
copper (2+) complex
(LXIV) 15934-02-8 Nitrilotriacetic acid,
monoammonium salt
(LXV) 16448-54-7 Nitrilotriacetic acid,
iron (3+) complex
(LXVI) 16568-02-8 Gyromitrin
(LXVII) 18105-03-8 Nitrilotriacetic acid,
mercury (2+) salt (2:3)
(LXVIII) 18432-54-7 Nitrilotriacetic acid,
cadmium (2+) complex
(LXIX) 18540-29-9 Chromium compounds,
hexavalent
(LXX) 18662-53-8 Nitrilotriacetic acid,
trisodium salt monohydrate
(LXXI) 18946-94-6 Nitrilotriacetic acid,
neodymium (3+) salt (1:1)
(LXXII) 18983-72-7 Nitrilotriacetic acid,
beryllium potassium salt (1:1)
(LXXIII) 18994-66-6 Nitrilotriacetic acid,
monosodium salt
(LXXIV) 19010-73-2 Nitrilotriacetic acid,
aluminium (3+) complex
(LXXV) 19456-58-7 Nitrilotriacetic acid,
inidium (3+) complex
(LXXVI) 22965-60-2 Nitrilotriacetic acid,
nickel (3+) complex
(LXXVII) 23214-92-8 Adrianmycin
(LXXVIII) 23255-03-0 Nitrilotriacetic acid,
disodium salt, monohydrate
(LXXIX) 23319-51-9 Nitrilotriacetic acid,
cobalt (3+) complex
(LXXX) 23555-96-6 Nitrilotriacetic acid,
potassium strontium salt
(2:4:1)
(LXXXI) 23555-98-8 Nitrilotriacetic acid,
calcium potassium salt
(2:1:4)
(LXXXII) 25817-24-7 Nitrilotriacetic acid,
potassium salt
(LXXXIII) 28444-53-3 Nitrilotriacetic acid,
monopotassium salt
(LXXXIV) 28027-38-0 Nitrilotriacetic acid,
holmium salt
(LXXXV) 29027-90-5 Nitrilotriacetic acid,
cerium salt
(LXXXVI) 29507-58-2 Nitrilotriacetic acid,
zinc (3+) complex sodium salt
(LXXXVII) 32685-17-9 Nitrilotriacetic acid,
triammonium salt
(LXXXVIII) 34831-02-2 Nitrilotriacetic acid,
copper (2+) hydrogen complex
(LXXXIX) 34831-03-3 Nitrilotriacetic acid,
nickel (2+) hydrogen
complex
(XC) 36711-58-7 Nitrilotriacetic acid,
manganese salt
(XCI) 42397-64-8 1,6-dinitropyrene
(XCII) 42397-65-9 1,8-dinitropyrene
(XCIII) 46242-44-8 Nitrilotriacetic acid,
antimony (3+) complex
(XCIV) 50618-02-7 Nitrilotriacetic acid,
tricadium (2+) complex
(XCV) 53108-47-7 Nitrilotriacetic acid,
copper (2+) complex sodium
salt
(XCVI) 53108-50-2 Nitrilotriacetic acid,
cobalt (3+) hydrogen
complex
(XCVII) 53818-84-1 Nitrilotriacetic acid,
tin (2+) salt
(XCVIII) 54749-90-5 Chlorozotocin
(XCIX) 57835-92-4 4-nitropyrene
(C) 59865-13-3 Cyclosporin A
(CI) 60034-45-9 Nitrilotriacetic acid,
calcium sodium salt
(1:1:1)
(CII) 60153-49-3 3-(n-nitrosomethylamino)
propionitrile
(CIII) 61017-62-7 Nitrilotriacetic acid,
iron (2+) complex sodium
salt (1:1:1)
(CIV) 62450-06-0 trp-p-1
(CV) 62450-07-1 trp-p-2
(CVI) 64091-91-4 Ketone, 3-pyridyl3-
(n-methyl-n-nitrosoamino)
propyl
(CVII) 67730-10-3 2-aminodipyrido[1,2-a3,2-
d]imidazole
(CVIII) 66730-11-4 2-amino-6-
methyldipyrido[1,2-a32-
d]imidazole
(CIX) 68006-83-7 2-amino-3-methyl-
9h-pyrido[2,3-b]indole
(CX) 69679-89-6 Nitrilotriacetic acid,
calcium salt (2:3)
(CXI) 71484-80-5 Nitrilotriacetic acid,
copper (2+) complex
ammonium salt
(CXII) 72629-49-3 Nitrilotriacetic acid,
dilithium salt
(CXIII) 73772-91-5 Nitrilotriacetic acid,
magnesium salt
(CXIV) 76180-96-6 2-amino-3-
methylimadazo[4,5-
f]quinoline
(CXV) 79217-60-0 Cyclosporine
(CXVI) 79849-02-8 Nitrilotriacetic acid,
lead (2+) salt (1:1)
(CXVII) 79915-08-5 Nitrilotriacetic acid,
lead (2+) potassium salt
(1:1:1)
(CXVIII) 79915-09-6 Nitrilotriacetic acid,
lead (2+) salt (2:3)
(CXIX) 80508-23-2 N-nitrosonornicotine
(CXX) 86892-89-9 Nitrilotriacetic acid,
disodium ammonium salt
(CXXI) 92474-39-0 Nitrilotriacetic acid,
trisilver salt
(CXXII) 92988-11-9 Nitrilotriacetic acid,
strontium sodium salt
(CXXIII) 108171-26-2 Chlorinated paraffins
(c12, 60% chlorine)
(CXXIV) 309-00-2 Aldrin
(CXXV) 60-57-1 Dieldrin
(CXXVI) 55-18-5 N-nitrosodiethylamine
(CXXVII) 319-84-6 L-hexachlorocyclohexane
(CXXVIII) 608-73-1 Hexachlorocyclohexane-tech
(CXXIX) 7644-41-0 1,4 dichloro-2-butene
(CXXX) 924-16-3 N-nitroso-d-n-butyl-amine
(b) The commission may promulgate a regulation which amends by adding to, or deleting from, the list of hazardous air pollutants subject to regulation under this section within the state which are not listed as hazardous air pollutants under the federal act. In amending the list of hazardous air pollutants in paragraph (a) of this subsection (5), the commission shall utilize the same standards and criteria which section 112 of the federal act requires the administrator to utilize in amending the list of hazardous air pollutants under the federal act.
(c) The commission shall by regulation establish de minimis emission levels for each hazardous air pollutant beneath which levels emissions are considered to be of minor significance.
(d) The rule-making authorized under paragraphs (b) and (c) of this subsection (5) shall include a hearing to allow the parties to present evidence and argument on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
(e) Proceedings of the commission to amend the list of hazardous air pollutants under paragraph (b) of this subsection (5) shall be conducted on a substance-by-substance basis and there shall not be a consolidation of proceedings wherein more than five substances are considered for listing as a hazardous air pollutant in one proceeding.
Source: L. 92: Entire section added, p. 1180, � 13, effective July 1. L. 94: (2) amended, p. 1419, � 2, effective May 25; (4)(h)(I)(A) and (4)(h)(II) amended, p. 2782, � 499, effective July 1. L. 96: (1) amended, p. 1257, � 150, effective August 7. L. 2016: (3)(b.1), (3)(d)(III), (4)(d), (4)(h)(I)(A), (4)(h)(II), and (5)(b) amended and (4)(a)(II) and (4)(b) repealed, (SB 16-189), ch. 210, p. 771, � 64, effective June 6. L. 2021: (2) amended, (HB 21-1266), ch. 411, p. 2748, � 15, effective July 2. L. 2022: (1), (2), (3)(a)(I), (4)(a)(I), and (4)(h)(III) amended and (3)(b), (3)(b.1), (3)(f), and (3)(g) repealed, (HB 22-1244), ch. 332, p. 2341, � 5, effective June 2.
Cross references: (1) For the legislative declaration contained in the 1994 act amending subsections (4)(h)(I)(A) and (4)(h)(II), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
(2) 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.
(3) For the legislative declaration in HB 22-1244, see section 1 of chapter 332, Session Laws of Colorado 2022.
25-7-109.4. Air quality science advisory board - created - repeal. (Repealed)
Source: L. 92: Entire section added, p. 1191, � 13, effective July 1. L. 98: (10)(a) amended, p. 169, � 1, effective April 6.
Editor's note: Subsection (10)(a) provided for the repeal of this section, effective July 1, 2008. (See L. 98, p. 169.)
25-7-109.5. Toxic air contaminants - annual toxic emissions reporting program - monitoring program - health-based standards - emission control regulations - air toxics permitting program assessment - rules - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Adverse health effects means the detrimental health effects from exposure to emissions of a toxic air contaminant, including the cumulative effects to health from exposure to the combined air emissions of the toxic air contaminant from multiple sources, whether the emissions are emitted routinely, intermittently, or accidentally.
(b) Community-led monitoring programs means air monitoring and data collection, concerning concentrations of toxic air contaminants in the ambient air, conducted by local governments, nongovernmental organizations, or community groups that is at least as stringent as the second edition of the federal environmental protection agency's Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air.
(c) Department means the department of public health and environment.
(d) Disproportionately impacted community has the meaning set forth in section 24-4-109 (2)(b)(II).
(e) Health-based standards means the chronic exposure limits for each priority toxic air contaminant required to protect the public from adverse health effects of that priority toxic air contaminant, allowing for an ample margin of safety, represented as benchmark numerical concentrations in the ambient air.
(f) Priority toxic air contaminant means, as determined by the commission by rule under subsection (6)(a)(I) of this section, a toxic air contaminant that may pose a risk of harm to public health.
(g) (I) Scientific community means individuals who are professionally or academically engaged in scientific research about adverse health effects from exposure to toxic substances and have expertise in fields that include pathology, oncology, epidemiology, or toxicology.
(II) Scientific community includes individuals with experience in the fields of atmospheric physics, meteorology, or ambient monitoring or experience assessing the impacts of emissions of toxic air contaminants on concentrations in the ambient air.
(h) Synthetic minor source has the meaning set forth in section 25-7-114 (6).
(i) Toxic air contaminant means:
(I) A hazardous air pollutant;
(II) A covered air toxic, as defined in section 25-7-141 (2)(b); or
(III) Any other air pollutant that the commission designates as a toxic air contaminant pursuant to subsection (3) of this section.
(2) Rules. (a) The commission shall promulgate rules that are necessary for the proper implementation and administration of this section.
(b) Notwithstanding any limitation in this article 7 to the contrary, the commission may adopt rules under this section that are more stringent than the corresponding requirements of the federal act and the regulations adopted pursuant to the federal act.
(3) Review of the list of toxic air contaminants - rules. (a) The division shall publish an initial list of the toxic air contaminants designated pursuant to subsections (1)(i)(I) and (1)(i)(II) of this section by October 1, 2022.
(b) Beginning no later than September 30, 2030, and every five years thereafter, or more frequently if the commission deems it appropriate to do so, the commission shall, pursuant to subsection (1)(i)(III) of this section, review the list of toxic air contaminants and determine whether to designate any additional air pollutants as toxic air contaminants.
(c) The commission may determine that an expedited review is appropriate based on a request of any person if, as part of the request, the person demonstrates to the commission's satisfaction that new or updated scientific data related to the adverse effects of an air pollutant warrants expedited consideration for designation as a toxic air contaminant. If the commission undertakes an expedited consideration of an air pollutant for designation as a toxic air contaminant, the commission's next review of additional air pollutants must take place no later than five years after the expedited consideration.
(d) In determining whether any air pollutant should be designated by the commission as a toxic air contaminant, the commission shall consider:
(I) Input from the public and the scientific community;
(II) Existing data concerning emissions of air pollutants, including data reported to:
(A) The division concerning the emissions of toxic air pollutants; and
(B) The federal toxics release inventory pursuant to 42 U.S.C. sec. 11023 or prepared by the federal environmental protection agency's air toxics screening assessment (airtoxscreen) program;
(III) Information submitted to the commission about the toxicity of air pollutants that is publicly available and peer-reviewed related to:
(A) Potency;
(B) Mode of action;
(C) Exposure patterns;
(D) Adverse health effects; and
(E) Levels of exposure that may cause or contribute to adverse health effects, including adverse health effects arising from disproportionately high exposure of particularly vulnerable groups, including disproportionately impacted communities, infants, children, fetuses, the elderly, and people with disabilities; and
(IV) Identifications of air pollutants as toxic air contaminants in other states.
(4) Annual toxic emissions reporting program - study - rules. (a) On or before June 30 of each year, beginning on June 30, 2024, all owners and operators of sources required to have an operating permit pursuant to section 25-7-114.3 and synthetic minor sources must submit an annual toxic emissions report to the division that reports the amount of each toxic air contaminant emitted by each source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division shall make annual toxic emissions reports submitted to the division pursuant to this subsection (4)(a) available to the public.
(b) If there is a change of ownership or control of the stationary source prior to June 30 of the year that an annual toxic emissions report must be submitted, the owner or operator as of June 30 of that year is responsible for submitting the annual toxic emissions report required under subsection (4)(a) of this section.
(c) (I) The division shall conduct a study and prepare a report that includes:
(A) An analysis of the existing requirements for reporting toxic air contaminants to the division and the federal environmental protection agency;
(B) An assessment of the availability and quality of toxic air contaminant data reported to the division and the federal environmental protection agency, with the reporting data broken down by individual toxic air contaminant, geographic area, industry sector, and whether categories of stationary sources reporting the data are sources required to have an operating permit pursuant to section 25-7-114.3, synthetic minor sources, or minor sources; and
(C) An identification of the informational gaps in the reporting of toxic air contaminants to the division and the federal environmental protection agency.
(II) The division shall provide public notice and hold at least two public meetings at which members of the public have an opportunity to comment on the report. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities and workers at stationary sources. In finalizing the report, the division shall include in the report a summary of any comments received from the public, disproportionately impacted communities, workers at stationary sources, and the scientific community and identify any significant changes made to the report based on those comments. No later than October 1, 2024, the division shall submit the finalized report to the commission.
(III) No later than April 30, 2025, the commission shall, based on the informational gaps identified in the report, consider the adoption of rules that ensure annual reports on toxic air contaminants are submitted to the division and may require additional types of information to be included in annual toxic emissions reports submitted to the division for operations and emissions occurring in calendar year 2025 and each calendar year thereafter.
(d) The commission may establish by rule a de minimis level of emissions of a toxic air contaminant beneath which an owner or operator is not required to report on the emissions of the toxic air contaminant through an annual toxic emissions report submitted pursuant to subsection (4)(a) of this section.
(5) Toxic air contaminant monitoring program - reporting - rules. (a) Beginning no later than January 1, 2024, in addition to the fenceline monitoring program established under section 25-7-141 (5) and the community-based monitoring program established under section 25-7-141 (6), the division shall develop and begin to conduct a monitoring program to determine the concentrations of toxic air contaminants in the ambient air of the state.
(b) The program shall include the installation and operation of at least six monitoring sites covering both urban and rural areas of the state. The division shall ensure that at least three monitoring sites are installed and operating by January 1, 2024, and that at least three additional monitoring sites are installed and operating by July 1, 2025. Each monitoring site must have the ability to detect trends in concentrations of various toxic air contaminants in the ambient air over time at the site.
(c) At a minimum, a monitoring site must measure the concentrations of:
(I) The toxic air contaminants identified in section 2.3 of the federal environmental protection agency's National Air Toxics Trends Station Work Plan Template (Revised April 2019). For the measurement of a toxic air contaminant specified in this subsection (5)(c)(I), the measurement must meet the required minimum detection limit specified for the measured air pollutant in section 3.1 of the federal environmental protection agency's National Air Toxics Trends Station Work Plan Template (Revised April 2019) or the most recent version.
(II) The toxic air contaminants identified in table 1.2-1 of the federal environmental protection agency's Technical Assistance Document for the National Air Toxics Trends Stations Program (Revision 3) from October 2016 or the most recent version. For the measurement of a toxic air contaminant specified in this subsection (5)(c)(II) and all other toxic air contaminants measured under the monitoring program, the division must specify a method detection limit for each toxic air contaminant pursuant to appendix B of 40 CFR 136.
(d) In determining the location of any new monitoring site, the division shall:
(I) Provide public notice and hold at least two public meetings where members of the public have an opportunity to comment on the division's proposed locations for the monitoring sites; and
(II) Give priority to locations that are within a disproportionately impacted community.
(e) The division may change the location of any monitoring site after following the procedure and requirements specified in subsection (5)(d) of this section.
(f) No later than July 1, 2025, and by July 1 each year thereafter, the division shall provide public notice and hold at least two public meetings at which members of the public have an opportunity to comment on the monitoring program. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities on the monitoring program.
(g) (I) No later than October 1, 2025, and by October 1 each year thereafter, the division shall prepare an annual report that summarizes the toxic air contaminant data collected by the monitoring sites in the previous calendar year. The division shall include in the report a summary of any comments received from the public, disproportionately impacted communities, and the scientific community during the two public meetings held pursuant to subsection (5)(f) of this section.
(II) Once the report is finalized, the division shall:
(A) Post the report on the division's website in both English and Spanish; and
(B) Submit the finalized report to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees. Notwithstanding section 24-1-136 (11)(a)(I), the requirement to report to the legislative committees continues indefinitely.
(h) The division shall report on the need for any additional monitoring sites for the monitoring program, and the costs associated with additional monitoring sites, to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, during the committees' hearings held prior to the 2027 regular session of the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
(6) Health-based standards - rules. (a) The commission shall adopt rules that:
(I) No later than April 30, 2025, identify up to five priority toxic air contaminants considering:
(A) Existing data concerning toxic air contaminants gathered through division monitoring programs;
(B) Data reported to the division concerning emissions of toxic air pollutants;
(C) Data reported to the federal toxics release inventory pursuant to 42 U.S.C. sec. 11023 and data prepared by the federal environmental protection agency's air toxics screening assessment (airtoxscreen) program;
(D) Any other relevant data submitted to the commission during the rule-making process concerning the amount of emissions and concentrations of toxic air contaminants in the ambient air of the state, including data collected through community-led monitoring programs; and
(E) Input from the scientific community; and
(II) No later than April 30, 2026, propose health-based standards for priority toxic air contaminants for approval by the general assembly.
(b) In determining the health-based standards, the commission shall:
(I) Consider the best available peer-reviewed toxicity values regarding the levels of exposure to priority toxic air contaminants that may cause or contribute to adverse health effects;
(II) Consider standards adopted in other states to reduce or limit concentrations of toxic air contaminants in the ambient air;
(III) Consider the effects of exposure to priority toxic air contaminants on vulnerable groups of the state, including disproportionately impacted communities, infants, children, fetuses, the elderly, and people with disabilities;
(IV) Consider both cancer-related health risks and non-cancer-related health risks.
(V) Provide for a sufficient margin of safety that accounts for the various effects that different populations may experience from exposure to priority toxic air contaminants;
(VI) Consult with the scientific community through holding at least one public hearing specifically for this consultation; and
(VII) Identify the excess cancer and non-cancer risk levels for use in determining the health-based standards.
(c) Beginning no later than September 30, 2029, and at least once every five years thereafter, the commission shall:
(I) Determine whether to identify any additional priority toxic air contaminants considering the data described in subsection (6)(a)(I) of this section;
(II) Determine whether to include acute exposure limits for priority toxic air contaminants in the definition of health-based standards;
(III) Determine whether to revise the excess cancer and non-cancer risk levels for use in determining the health-based standards;
(IV) Review existing health-based standards to ensure that the standards sufficiently protect public health; and
(V) Determine whether to propose revisions to the general assembly to any existing health-based standards in accordance with the considerations set forth in subsection (6)(b) of this section, and, if a determination is made to revise any existing health-based standard, the commission must, within twelve months after the determination, adopt rules to that effect.
(d) No more than twelve months after the commission makes the determination pursuant to subsection (6)(c)(I) of this section, the commission shall propose to the general assembly health-based standards for any additional priority toxic air contaminants in accordance with subsection (6)(b) of this section.
(7) Emission control regulations - rules. (a) No later than April 30, 2026, the commission shall adopt emission control regulations to reduce emissions of each priority toxic air contaminant and prioritize reductions in disproportionately impacted communities with multiple sources of emissions of priority toxic air contaminants.
(b) In determining the emission control regulations, the commission shall consider:
(I) Any emission control regulations adopted for priority toxic air contaminants in other states or by the federal government;
(II) The emission levels of a priority toxic air contaminant from different industries and categories of sources, including sources required to have an operating permit pursuant to section 25-7-114.3, synthetic minor sources, and minor sources;
(III) The degree of reduction of each priority toxic air contaminant that is achievable and technically and economically feasible, taking into account energy, environmental, and economic impacts and other costs pursuant to the requirements described in section 25-7-110.8;
(IV) The ability of emission control regulations to reduce or eliminate the emissions of a priority toxic air contaminant, including non-emitting alternative processes and control technologies; and
(V) The availability, suitability, and relative efficacy of a less hazardous substitute for a priority toxic air contaminant.
(c) For new emission sources of priority toxic air contaminants, the commission shall adopt emission control regulations that are more stringent than those adopted for existing emission sources of priority toxic air contaminants. The commission may also adopt an emissions threshold below which new emission sources shall not be required to comply with the more stringent emission control regulations.
(d) Beginning no later than September 30, 2030, and at least once every five years thereafter, the commission shall:
(I) Adopt emission control regulations for any additional priority toxic air contaminants identified by the commission in accordance with subsection (6)(c)(I) of this section; and
(II) Determine whether to revise the existing emission control regulations in accordance with the considerations set forth in subsection (7)(b) of this section.
(e) In reviewing and approving air pollution permits under section 25-7-114.3, the division shall include any applicable emission control regulations in the permit.
(f) The emission control regulations established under this subsection (7) shall not apply to any electric generating resource located within the state with a closure date no later than January 1, 2031, that has been approved by either the public utilities commission created in section 40-2-101 (1) as part of an electric resource plan or the air pollution control division as part of a clean energy plan.
(8) Air pollution regulation for sources of toxic air contaminants - assessment. (a) No later than December 31, 2025, the division shall conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit levels of priority toxic air contaminants, referred to in this subsection (8) as the air toxics permitting program.
(b) The assessment must:
(I) Evaluate air toxics permitting programs for new, modified, and existing stationary sources of priority toxic air contaminants in other states and on tribal lands;
(II) Evaluate and make recommendations regarding the scope of the air toxics permitting program, including the types of permits, stationary sources, industries, and geographic areas of the state that would be impacted by the program;
(III) Identify processes and reasonable timelines for:
(A) The notification to any stationary sources that could be subject to the air toxics permitting program;
(B) The assessment of public health risks associated with a stationary source's emissions of priority toxic air contaminants; and
(C) The assessment and implementation of strategies designed to reduce emissions of priority toxic air contaminants from a stationary source through permitting; and
(IV) Identify the direct and indirect costs associated with the implementation of an air toxics permitting program for existing stationary sources and possible funding mechanisms.
(c) The division shall provide public notice and hold at least two public meetings at which members of the public have an opportunity to comment on the assessment. The division shall also conduct outreach to and solicit feedback from disproportionately impacted communities and workers at stationary sources on the assessment.
(d) In finalizing the assessment, the division shall include in the assessment a summary of any comments received from the public, workers at stationary sources, and disproportionately impacted communities and identify any significant changes made to the assessment based on such comments.
(e) The division shall report on the assessment and provide recommendations to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, during the committees' hearings held prior to the 2026 regular session of the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
Source: L. 2022: Entire section added, (HB 22-1244), ch. 332, p. 2332, � 4, effective June 2.
Cross references: For the legislative declaration in HB 22-1244, see section 1 of chapter 332, Session Laws of Colorado 2022.