(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(b) Repealed.
(1.1) Repealed.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(3) and (4) Repealed.
Source: 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 L. 84: (1)(b) and (1.1) repealed, p. 1080, � 1, effective July 1. L. 96: (3) and (4) repealed, p. 1243, � 107, effective August 7.
Cross references: 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.
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.
Source: L. 79: Entire article R&RE, p. 1050, � 1, effective June 20. L. 84: Entire section amended, p. 776, � 16, effective June 20. L. 2022: Entire section amended, (HB 22-1361), ch. 472, p. 3451, � 3, effective July 1. L. 2024: (2)(a)(I) amended, (HB 24-1346), ch. 216, p. 1342, � 14, effective May 21.
Cross references: For the legislative declaration in HB 22-1361, see section 1 of chapter 472, Session Laws of Colorado 2022.
25-7-133. Legislative review and approval of state implementation plans and rules - legislative declaration - definition. (1) (a) Notwithstanding any other provision of law but subject to subsection (7) of this section, by January 15 of each year, the commission shall certify in a report to the chairperson of the legislative council in summary form any additions or changes to elements of the state implementation plan that include any new regulatory requirements or modifications to existing regulatory requirements adopted during the prior year that are to be submitted to the administrator for purposes of federal enforceability.
(b) The report must be written in plain, nontechnical language using words with common and everyday meaning that are understandable to the average reader. Copies of such report must be available to the public and submitted to each member of the general assembly.
(c) This section does not apply to control measures and strategies that have been adopted and implemented by the enacting jurisdiction of a local unit of government if the measures and strategies do not result in mandatory direct costs upon any entity other than the enacting jurisdiction.
(2) Repealed.
(2.5) (a) Until February 15 following submission of the certified report under subsection (1) of this section, any addition or change to the SIP must not be submitted to the administrator for final approval and incorporation into the SIP, unless the addition or change is designated by the governor or the governor's designee as a provisional submission.
(b) By February 15, any member of the general assembly may introduce a bill to modify or delete all or a portion of the additions or changes to the SIP in the certified report submitted pursuant to subsection (1)(a) of this section. Any bill introduced under this subsection (2.5)(b) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and the house of representatives. During the period that any such bill introduced under this subsection (2.5)(b) is being considered, the additions or changes to the SIP may not be submitted to the administrator for final approval and incorporation into the SIP, unless designated by the governor or the governor's designee as a provisional submission.
(c) If a bill introduced under subsection (2.5)(b) of this section that seeks to modify or delete the additions or changes to the SIP does not become law, the additions or changes to the SIP must be submitted to the administrator for final approval and incorporation into the SIP. If the bill becomes law, the commission shall modify or delete the additions or changes to the SIP as directed by the bill, and any modified additions or changes to the SIP shall then be submitted to the administrator for final approval and incorporation into the SIP.
(d) As used in this subsection (2.5), additions or changes means additions or changes to regulatory requirements.
(3) In order to further the goals of section 25-7-105.1 in assuring that nonfederally required rules or policies are not submitted to the administrator for inclusion in a SIP, the commission shall, effective July 1, 1995, with respect to any rule or any portion thereof not required by the federal act or which is otherwise more stringent in whole or in part than requirements of the federal act, ensure that the public notice and the general statement of such rule's basis, specific statutory authority, and purpose required by section 24-4-103, C.R.S., in connection with the commission's proposal and promulgation of such rule shall also specifically identify what portion of such rule is not required by provisions of the federal act or is otherwise more stringent than requirements of the federal act.
(4) (a) The general assembly recognizes that the commission must exercise discretion in selecting from available options in developing a cost effective SIP which attains or maintains national ambient air quality standards.
(b) On or before November 15 of each year, the commission, in coordination with designated organizations for air quality planning in local areas, shall provide the legislative council:
(I) A comprehensive listing of additions or changes to elements of the SIP that the commission and local areas will consider during the following calendar year;
(II) The projected schedule for local action and commission consideration of such measures;
(III) (Deleted by amendment, L. 2000, p. 187, � 1, effective March 22, 2000.)
(IV) The statutory deadline, if any, for submittal to the administrator of the change or addition to elements of the SIP and the corresponding federal sanctions or consequences for failure to submit the change or addition to elements of the SIP by the deadline under the federal act; and
(V) A brief description of the principal technical and policy issues and available options presented for decision in each addition or change to elements of the SIP.
(c) The commission, in coordination with designated organizations for air quality planning in local areas, shall communicate regularly with the legislative council regarding each of the SIP elements or revisions thereto scheduled for adoption and submission to the administrator of the United States environmental protection agency.
(5) The information required by paragraph (b) of subsection (4) of this section shall be submitted to the legislative council in the form and manner and accompanied by supporting materials prescribed by the legislative council.
(6) This section is exempt from the provisions of section 24-1-136 (11), C.R.S., and the periodic reporting requirement of this section shall remain in effect until changed by the general assembly acting by bill.
(7) (a) (Deleted by amendment, L. 2003, p. 1973, � 1, effective May 22, 2003.)
(b) Any revisions to the automobile inspection and readjustment program area pursuant to section 42-4-304 (20)(d), C.R.S., that delete specific regions within that portion of the AIR program area that is approved for incorporation into the state implementation plan shall be submitted to the federal environmental protection agency as expeditiously as possible and shall not be subject to further review and approval pursuant to this section; except that the commission shall submit a report pursuant to subsection (1) of this section.
(c) Repealed.
(d) (I) The commission shall request the governor to submit the plan adopted by the commission on March 12, 2004, to reduce the amount of pollutants emitted that create ozone pollution to the federal environmental protection agency for approval and incorporation into the state implementation plan. Passage of this paragraph (d) is in lieu of, and said plan shall be deemed to have satisfied, all review requirements under this section.
(II) A regulated entity that is required to comply with the amendments to regulation number 7 adopted by the air quality control commission on March 12, 2004, to reduce emissions of volatile organic compounds from atmospheric condensate storage tanks shall:
(A) Provide advance notice of the location where it intends to install an emission control unit; and
(B) Indicate whether such unit exceeds the height of the existing equipment at the facility.
(III) The regulated entity shall deliver the notice required pursuant to subsection (7)(d)(II) of this section to the local government designee, if any, registered with the energy and carbon management commission created in section 34-60-104.3 (1) for receipt of information relating to oil and gas operations within a local jurisdiction and shall include a phone number for a contact person. If the local jurisdiction does not have a local government designee, the regulated entity shall deliver the notice to the municipal clerk.
(IV) The local government shall, within ten business days after receipt of the notice, notify the regulated entity whether the local government objects to the intended installation of the emission control unit. The objection shall be based on site-specific land use issues and may not be made on a blanket basis to every proposed emission control unit installation within a local jurisdiction. If the local government fails to object within ten business days after submission of the notice, the local jurisdiction is presumed to have approved the installation of the specified emission control unit, and the regulated entity may commence such installation.
(V) If a local government designee notifies a regulated entity of its objection within ten business days after receipt of the notice of installation of an emission control unit, the regulated entity and the local jurisdiction shall endeavor to informally resolve the matter within an additional ten business days. If such attempt fails, the local jurisdiction shall have ten business days to petition the air quality control commission for an adjudicatory hearing pursuant to section 24-4-105, C.R.S., which petition shall be granted by the commission. The hearing shall be held and the matter decided by the commission or a hearing officer designated by the commission within forty-five calendar days after receipt of the petition by the commission. In ruling on the objection, the commission shall have the authority only to uphold or deny the objection.
(VI) The commission shall determine the procedures and criteria that govern its review of local government objections to the installation of emission control units at atmospheric condensate storage tank facilities, and the process provided thereby shall be the exclusive procedure for such disputes. No other local permit or land use approval shall be required for the installation of such emission control units.
Source: L. 79: Entire section added, p. 1552, � 15, effective June 20. L. 95: Entire section R&RE, p. 1150, �2, effective May 31. L. 2000: (1), (2), (4)(b)(I), (4)(b)(III), (4)(b)(IV), (4)(b)(V), (4)(c), and (6) amended, p. 187, � 1, effective March 22. L. 2002: (1) amended and (7) added, p. 1263, � 1, effective June 4. L. 2003: (7) amended, p. 1973, � 1, effective May 22; (7) amended, p. 1358, � 2, effective August 6. L. 2004: (7)(d) added, p. 772, � 1, effective May 20. L. 2013: (2)(c) amended, (HB 13-1300), ch. 316, p. 1688, � 77, effective August 7. L. 2022: (1) amended, (2) repealed, and (2.5) added, (SB 22-193), ch. 300, p. 2158, � 9, effective June 2. L. 2023: (7)(d)(III) amended, (SB 23-285), ch. 235, p. 1254, � 28, effective July 1.
Editor's note: (1) Subsection (2)(d)(II) provided for the repeal of subsection (2)(d), effective July 1, 2001. (See L. 2000, p. 187.)
(2) Subsection (7)(c)(IV) provided for the repeal of subsection (7)(c), effective December 31, 2003. (See L. 2003, p. 1973.)
(3) Amendments to subsection (7) by House Bill 03-1313 and House Bill 03-1340 were harmonized.
25-7-133.5. Approval or rescission of specific revisions to state implementation plan (SIP) after 1996. (1) Consistent with the provisions of section 25-7-105.1, to the extent senate bill 96-129 and senate bill 96-236, enacted at the second regular session of the sixtieth general assembly, approved submitting portions of air quality control commission regulation 1, section VI, to the federal environmental protection agency for inclusion in the state implementation plan, such approval is hereby rescinded. The inclusion of said regulation 1 in the Denver metropolitan nonattainment area state implementation plan for particulate matter (PM-10) is not affected by this rescission.
(2) Pursuant to section 25-7-133, the following revisions to the state implementation plan (SIP), which were adopted by the air quality control commission on the dates indicated and received by the legislative council for review, are approved for incorporation into the state implementation plan:
(a) The 1993 periodic emissions inventory update to the Denver metropolitan, Colorado Springs, Longmont, and Fort Collins carbon monoxide nonattainment area elements of the SIP, adopted by the air quality control commission on December 21, 1995;
(b) The emergency episode plan revisions as a part of the Denver PM-10 nonattainment area element of the SIP, adopted by the air quality control commission on January 18, 1996;
(c) Amendments adopted by the air quality control commission on September 19, 1996, to the Greeley carbon monoxide nonattainment area element of the SIP;
(d) Amendments adopted by the air quality control commission on October 17, 1996, to the Cañon City PM-10 nonattainment area element of the SIP;
(e) Amendments adopted by the air quality control commission on October 17, 1996, to the Steamboat Springs PM-10 nonattainment area element of the SIP;
(f) Amendments adopted by the air quality control commission on March 21, 1996, and June 20, 1996, to regulation number 3, concerning air pollution emission notice deferral, insignificant activities, and fugitive emissions;
(g) Amendments adopted by the air quality control commission on June 20, 1996, to regulation number 3, concerning prevention of significant deterioration permits, total suspended particulates, and hydrogen sulfide;
(h) Amendments adopted by the air quality control commission on October 14, 1996, to regulation number 10, concerning general conformity;
(i) Amendments adopted by the air quality control commission on March 21, 1996, to regulation number 11, concerning the inspection and maintenance program;
(j) Repealed.
(k) Amendments adopted by the air quality control commission on October 24, 1996, to regulation number 5, concerning the generic banking emissions/trading rules and conforming revisions to regulation number 3, part 4, section V;
(l) Amendments adopted by the air quality control commission on December 21, 1995, to regulations number 1 and 7, and the common provisions concerning negligibly reactive volatile organic compounds and delisting of acetone;
(m) Amendments adopted by the air quality control commission on December 23, 1996, to regulation number 1, concerning opacity limitations and sulfur dioxide averaging provisions for coal-fired electric utility boilers during periods of startup, shutdown, and upset;
(n) Repealed.
(o) Amendments adopted by the air quality control commission on April 17, 1997, to the motor vehicle emissions inspection program in all carbon monoxide nonattainment areas in the state (Boulder, Colorado Springs, Denver, and Greeley) under the carbon monoxide nonattainment area element of the SIP;
(p) Amendments adopted by the air quality control commission on January 15, 1998, redesignating Colorado Springs as an attainment area for carbon monoxide and adopting a corresponding maintenance plan;
(q) Amendments adopted by the air quality control commission on December 18, 1997, to the Longmont carbon monoxide maintenance plan;
(r) Amendments adopted by the air quality control commission on April 17, 1997, concerning long-term strategy for the element of the SIP relating to visibility in class I areas;
(s) Amendments adopted by the air quality control commission on November 21, 1996, to regulations number 3, 7, and 8 and common provisions, concerning negligibly reactive volatile organic compounds and regulated hazardous air pollutants;
(t) Amendments adopted by the air quality control commission on September 17, 1998, to regulation number 1, section II. D., concerning military smokes and obscurants training exercises;
(u) Amendments adopted by the air quality control commission on October 15, 1998, to regulation number 7, concerning emissions of volatile organic compounds;
(v) Amendments adopted by the air quality control commission on October 15, 1998, to regulation number 10, concerning conformity of federally funded or approved transportation plans with air quality implementation plans;
(w) Amendments adopted by the air quality control commission on November 19, 1998, to regulation number 11, part F (III), concerning the motor vehicle emissions inspection program for the Denver-Boulder area;
(x) Amendments adopted by the air quality control commission on January 16, 1998, to regulation number 12, concerning reduction of diesel vehicle emissions;
(y) Repealed.
(z) Amendments adopted by the air quality control commission on January 16, 1998, to section 1.11.0 of the procedural rules of the air pollution control division;
(aa) Amendments adopted by the air quality control commission on September 17, 1998, concerning ambient air quality standards for suspended particulate matter; and
(bb) (I) The Colorado Visibility and Regional Haze State Implementation Plan for the Twelve Mandatory Class I Federal Areas in Colorado, adopted by the air quality control commission on January 7, 2011.
(II) The automatic expiration of the rules contained in the plan specified in subparagraph (I) of this paragraph (bb) that were adopted on January 7, 2011, and that are therefore scheduled for expiration on May 15, 2012, is postponed, effective May 15, 2011.
(3) Revisions to the SIP that are adopted solely to conform the SIP to prior actions of the general assembly under section 25-7-133 and this section may be submitted to the federal environmental protection agency for final approval under section 25-7-133 (2.5) without further approval by the general assembly under section 25-7-133 or this section.
(4) If the division and the designated organization for air quality planning in the Colorado Springs area request removal of mandatory control measures that have been adequately demonstrated to be unnecessary to achieve and maintain compliance with the federal ambient air quality standards and request corresponding modifications to the mobile source emission budget, the commission shall adopt such revisions to the carbon monoxide maintenance plan for the Colorado Springs area approved pursuant to paragraph (p) of subsection (2) of this section. Notwithstanding section 25-7-133, such revisions shall be submitted to the federal environmental protection agency for incorporation into the state implementation plan as expeditiously as possible and shall not be subject to further review and approval pursuant to section 25-7-133.
(5) Revisions to the visibility component of the SIP that implement and enforce a control strategy that meets the following requirements may be submitted to the United States environmental protection agency for incorporation into the SIP as expeditiously as possible without further review and approval pursuant to section 25-7-133:
(a) On or before November 1, 2001, one or more sources have entered into a consent decree in which such sources make a judicially enforceable commitment to adopt such control strategy; and
(b) The division determines that such control strategy provides for reasonable progress:
(I) Toward the national visibility goal stated in federal rules set forth at 40 CFR 51, subpart P, and in rules of the division set forth at 5 CCR 1001-5, as said rules provided on January 1, 2001; and
(II) In reducing any present or future impairment of an air-quality-related value.
(6) Notwithstanding the provisions of section 25-7-133, revisions to the Denver metropolitan area element of the PM-10 state implementation plan adopted by the commission on April 19, 2001, are approved for incorporation into the state implementation plan, shall be submitted to the federal environmental protection agency as expeditiously as possible, and shall not be subject to further review and approval pursuant to section 25-7-133.
Source: L. 97: Entire section added, p. 381, � 1, effective April 19; (2)(n) and (3) added, pp. 1528, 1530, �� 1, 2, effective June 3. L. 98: (2)(o), (2)(p), (2)(q), (2)(r), (2)(s), and (4) added, pp. 1009, 1010, �� 1, 2, effective May 27. L. 99: (2)(j) and (2)(y) repealed, (2)(r) amended, and (2)(t) through (2)(aa) added, pp. 1244, 1243, �� 2, 3, 1, effective July 1. L. 2001: (5) added, p. 208, � 1, effective March 28; (6) added, p. 900, � 1, effective June 1. L. 2011: (2)(bb) added, (HB 11-1291), ch. 144, p. 501, � 2, effective May 4; (2)(n) repealed, (HB 11-1303), ch. 264, p. 1166, � 62, effective August 10. L. 2022: (3) amended, (SB 22-193), ch. 300, p. 2161, � 10, effective June 2.
Cross references: For the legislative declaration in the 2011 act adding subsection (2)(bb), see section 1 of chapter 144, Session Laws of Colorado 2011.