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Colorado Statutes, Title 25

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Title 25, Public Health and Environment

0 chapters · 1,607 sections in this title.

All chapters in Title 251,607 Ch 4191 Ch 7166 Ch 5114 Ch 1587 Ch 186 Ch 3.586 Ch 884 Ch 1777 Ch 1.569 Ch 367 Ch 20.559 Ch 5.539 Ch 2531 Ch 230

166 sections·Filtered byTitle 25✕Ch 7✕

Colo. Rev. Stat. § 25-7-1001 Legislative declaration
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In order to establish a fair, practical, and cost-effective process for evaluating and, where appropriate, responding to assertions that air quality related values within Colorado's class I federal areas are being significantly and adversely affected by air pollution, such as air…
Colo. Rev. Stat. § 25-7-1002 Air quality related values program
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(1) In addition to maintaining a program that complies with the requirements of the federal act for prevention and remediation of significant deterioration of visibility in class I federal areas, the commission, in consultation with the general assembly, the governor, and affecte…
Colo. Rev. Stat. § 25-7-1003 Definitions
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As used in this part 10: (1) "Air quality related value (AQRV)" means a feature or property of a class I federal area other than visibility that the state of Colorado finds may be affected by air pollution. General categories of air quality related values include odor, flora, fau…
Colo. Rev. Stat. § 25-7-1004 Administration of program by division

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(1) In administering the program, the division shall: (a) Conduct or oversee program activities and scientific studies and determine an appropriate scope, sequence, and timetable for such studies and activities; (b) Subject assertions by a federal land manager of air quality rela…

Colo. Rev. Stat. § 25-7-1005 Verification of federal land manager's assertion of air quality related value impairment

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(1) The federal land manager of a class I federal area may initiate the procedures of this part 10 by submitting to the governor and division an assertion of significant impairment of an air quality related value, referred to in this part 10 as an "assertion". To be adequate to s…

Colo. Rev. Stat. § 25-7-1006 Source attribution and control strategy development

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(1) If the division determines that the assertion has been verified, it shall: (a) Compile a comprehensive inventory of the sources of the pollutants that are suspected to be causing the impairment; (b) Subject the development, conduct, and results of the attribution and apportio…

Colo. Rev. Stat. § 25-7-1007 Commission to consider control strategies in rule-making proceeding

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(1) Upon receipt of a report under section 25-7-1006 (6)(b) from the division, and after the division has made the report available to all significant source or source categories identified pursuant to section 25-7-1006, the commission shall give notice that it is to conduct a ru…

Colo. Rev. Stat. § 25-7-1008 Voluntary agreements

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(1) The division may convene, at any appropriate time, an informal voluntary negotiation process, with appropriate public participation, to seek voluntary enforceable commitments from sources and source categories to achieve emissions reductions sufficient to make reasonable furt…

Colo. Rev. Stat. § 25-7-101 Short title

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This article shall be known and may be cited as the "Colorado Air Pollution Prevention and Control Act". Source: L. 79: Entire article R&RE, p. 1017, § 1. L. 92: Entire section amended, p. 1165, § 3, effective July 1. ANNOTATION Law reviews. For article, "1974 Land Use Legislatio…

Colo. Rev. Stat. § 25-7-102 Legislative declaration

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(1) In order to foster the health, welfare, convenience, and comfort of the inhabitants of the state of Colorado and to facilitate the enjoyment and use of the scenic and natural resources of the state, it is declared to be the policy of this state to achieve the maximum practica…

Colo. Rev. Stat. § 25-7-103 Definitions

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As used in this article 7, unless the context otherwise requires: (1) "Administrator" means the administrator of the federal environmental protection agency. (1.3) "Adverse environmental effect", as a term used in the context of regulating hazardous air pollutants, means any sign…

Colo. Rev. Stat. § 25-7-103.5 Air quality enterprise - legislative declaration - fund - definitions - gifts, grants, or donations - rules - report - repeal

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(1) Legislative declaration. The general assembly hereby finds and declares that: (a) Colorado faces numerous serious air quality challenges, which are having substantial adverse health and environmental impacts and impose additional burdens on Colorado's economy; (b) The state o…

Colo. Rev. Stat. § 25-7-104 Air quality control commission created

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(1) There is created in the department of public health and environment the air quality control commission, which consists of nine citizens of this state appointed by the governor with the consent of the senate. The air quality control commission is a type 1 entity, as defined in…

Colo. Rev. Stat. § 25-7-105 Duties of commission - technical secretary - rules - report - legislative declaration - definitions - repeal

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(1) Except as provided in sections 25-7-130 and 25-7-131, the commission shall adopt rules that are consistent with the legislative declaration set forth in section 25-7-102 and necessary for the proper implementation and administration of this article 7, including: (a) (I) A com…

Colo. Rev. Stat. § 25-7-105.1 Federal enforceability

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(1) To the extent that any provision of this article or any standard or regulation promulgated pursuant thereto is not required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program) of the federal act, or is…

Colo. Rev. Stat. § 25-7-106 Commission - additional authority

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(1) Except as provided in sections 25-7-130 and 25-7-131, the commission shall have maximum flexibility in developing an effective air quality control program and may promulgate such combination of regulations as may be necessary or desirable to carry out that program; except tha…

Colo. Rev. Stat. § 25-7-106.3 Commission - duties - wood-burning stoves - episodic no-burn days - rules

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(1) The commission shall promulgate, no later than March 1, 1990, such combination of regulations as it may find to be cost-effective and consistent with the legislative declaration set forth in section 25-7-102 in order to establish limitations on the use of wood-burning stoves …

Colo. Rev. Stat. § 25-7-106.7 Regulations - studies - AIR program area

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The authority of the commission to promulgate regulations pursuant to section 25-7-106.3 is limited to the program area, as defined in section 42-4-304 (20), C.R.S., and such regulations shall not apply outside the program area. Source: L. 89: Entire section added, p. 1158, § 4, …

Colo. Rev. Stat. § 25-7-107 Commission - area classification

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(1) The commission shall, within one hundred eighty days after June 20, 1979, and thereafter from time to time, if evidence indicates a need, review the current classification of any attainment, nonattainment, or unclassifiable area within the state and shall revise the classific…

Colo. Rev. Stat. § 25-7-108 Commission to promulgate ambient air quality standards

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(1) In addition to the other powers and duties enumerated in this article, the commission shall have the power to adopt, promulgate, amend, and modify such standards for the quality of ambient air as may be appropriate or necessary to carry out the purposes of this article, inclu…

Colo. Rev. Stat. § 25-7-109 Commission to adopt emission control regulations - rules

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(1) (a) Except as provided in sections 25-7-130 and 25-7-131, as promptly as possible, the commission shall adopt, promulgate, and from time to time modify or repeal emission control regulations which require the use of effective practical air pollution controls: (I) For each sig…

Colo. Rev. Stat. § 25-7-109.1 Emergency rule-making

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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 pla…

Colo. Rev. Stat. § 25-7-109.2 Small business stationary source technical and environmental compliance assistance program - rules - advisory panel - legislative declaration - repeal

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(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…

Colo. Rev. Stat. § 25-7-109.3 Colorado hazardous air pollutant control and reduction program - rules

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(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 re…

Colo. Rev. Stat. § 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

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(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 e…

Colo. Rev. Stat. § 25-7-109.6 Accidental release prevention program

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(1) The commission may promulgate such rules, regulations, and procedures as are necessary to establish and implement an accidental release prevention program consistent with and no sooner than the requirements of section 112 (r) of the federal act, including release prevention, …

Colo. Rev. Stat. § 25-7-110 Commission - procedures to be followed in setting standards and regulations

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(1) Prior to adopting, promulgating, amending, or modifying any ambient air quality standard authorized in section 25-7-108, or any emission control regulation authorized in section 25-7-109, or any other regulatory plans or programs authorized by sections 25-7-105 (1)(c) or 25-7…

Colo. Rev. Stat. § 25-7-110.5 Required analysis of proposed air quality rules

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(1) In addition to the requirements of section 25-7-110.8, whenever the commission proposes a rule, the technical secretary of the commission shall provide to the public upon request at cost, at the time the notice for public rule-making is published, a proposed rule-making packe…

Colo. Rev. Stat. § 25-7-110.8 Additional requirements for commission to act under section 25-7-110.5

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(1) In issuing any final rule intended to reduce air pollution, except for any rule that adopts by reference applicable federal rules, if the commission has no discretion under state law not to adopt the rules or to adopt any alternative rule, the commission shall make a determin…

Colo. Rev. Stat. § 25-7-1101 Legislative declaration

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(1) The general assembly hereby declares that: (a) Exposure of children to lead represents a significant environmental health problem that is preventable; (b) According to the federal "Residential Lead-based Paint Hazard Reduction Act of 1992", 15 U.S.C. secs. 2682 and 2684, et s…

Colo. Rev. Stat. § 25-7-1102 Definitions

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As used in this part 11, unless the context otherwise requires: (1) "Abatement" means any measure or set of measures that will contain or permanently eliminate lead-based paint hazards, including: (a) The removal of lead-based paint and lead-contaminated dust; (b) The permanent c…

Colo. Rev. Stat. § 25-7-1103 Powers and duties of air quality control commission - rules

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(1) The commission shall promulgate rules pursuant to section 24-4-103, C.R.S., as necessary to implement this part 11 under the requirements of the federal "Residential Lead-Based Paint Hazard Reduction Act of 1992", 15 U.S.C. secs. 2682, 2684, and 2686, as amended, including th…

Colo. Rev. Stat. § 25-7-1104 Duties of air pollution control division - certification of trained individuals

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(1) Pursuant to the federal "Residential Lead-based Paint Hazard Reduction Act of 1992", 15 U.S.C. secs. 2682 and 2684, et seq., as amended, the division shall implement, coordinate, and oversee the implementation of the rules promulgated by the commission, including, but not lim…

Colo. Rev. Stat. § 25-7-1105 Fees

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(1) (a) The commission shall promulgate rules to establish the fees required under this part 11. (b) The commission shall adjust the fees so that the revenue generated from such fees is sufficient to cover the direct and indirect costs to implement the lead hazard reduction progr…

Colo. Rev. Stat. § 25-7-1106 Enforcement

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Whenever the division or its designee has reason to believe that any person has violated any of the provisions of this part 11 or the rules promulgated thereunder, the division or its designee may commence an enforcement action pursuant to section 25-7-115. Source: L. 97: Entire …

Colo. Rev. Stat. § 25-7-1107 Applicability of article - child-occupied facilities and target housing

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Nothing in this article shall be interpreted to affect any facility or location other than a child-occupied facility or target housing. Source: L. 97: Entire part added, p. 1089, § 2, effective July 1.

Colo. Rev. Stat. § 25-7-111 Administration of air quality control programs - directive - prescribed fire - review

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(1) The division shall administer and enforce the air quality control programs adopted by the commission. In furtherance of such responsibility of the division, the executive director of the department of public health and environment shall establish within the division a separat…

Colo. Rev. Stat. § 25-7-112 Air pollution emergencies endangering public health anywhere in this state

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(1) Whenever the division determines, after an investigation initiated either independently by the division or upon the request of an affected member of the public living or working in the vicinity of a suspected discharge, that any person is either engaging in any activity invol…

Colo. Rev. Stat. § 25-7-113 Air pollution emergencies endangering public welfare anywhere in this state

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(1) Whenever the division determines, after investigation, that any person is either engaging in any activity involving a significant risk of air pollution or is discharging or causing to be discharged into the atmosphere, directly or indirectly, any air pollutants and such activ…

Colo. Rev. Stat. § 25-7-114 Permit program - definitions

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As used in sections 25-7-114 to 25-7-114.7, unless the context otherwise requires: (1) "Affected source" means a source that includes one or more fossil-fuel-fired combustion devices subject to emission reduction requirements or limitations under subchapter IV of the federal act …

Colo. Rev. Stat. § 25-7-114.1 Air pollutant emission notices - rules - fees

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(1) (a) No person shall permit emission of air pollutants from, or construction or alteration of, any facility, process, or activity except residential structures from which air pollutants are, or are to be, emitted unless and until an air pollutant emission notice has been filed…

Colo. Rev. Stat. § 25-7-114.2 Construction permits

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No person shall construct or substantially alter any building, facility, structure, or installation, except single-family residential structures, or install any machine, equipment, or other device, or commence the conduct of any such activity, or commence performance of any combi…

Colo. Rev. Stat. § 25-7-114.3 Operating permits required for emission of pollutants

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(1) No person shall operate any of the following sources without first obtaining a renewable operating permit from the division for such source in a manner consistent with the requirements of this article and the federal act: (a) Any affected source; (b) Any major source; (c) Any…

Colo. Rev. Stat. § 25-7-114.4 Permit applications - contents - rules - definitions

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(1) The commission shall promulgate such regulations as may be necessary and proper for the orderly and effective administration of construction permits and renewable operating permits. Such regulations shall be in conformity with the provisions of this article and with federal r…

Colo. Rev. Stat. § 25-7-114.5 Application review - public participation

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(1) Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the infor…

Colo. Rev. Stat. § 25-7-114.6 Emission notice - fees

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(1) The commission shall designate by regulations those classes of minor or insignificant sources of air pollution which are exempt from the requirement for an emission notice or the payment of an emission notice filing fee because of their negligible impact upon air quality. (2)…

Colo. Rev. Stat. § 25-7-114.7 Emission fees - stationary sources control fund - rules - report - definitions - repeal

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(1) As used in this section, unless the context otherwise requires: (a) Indirect and direct costs include, but are not limited to: (I) Reviewing and acting upon any application for such a permit; (II) Implementing and enforcing the terms and conditions of any permit or rule, not …

Colo. Rev. Stat. § 25-7-115 Enforcement - civil actions - definitions - reporting

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(1) (a) The division shall enforce compliance with the emission control regulations of the commission, the requirements of the state implementation plan, and the provisions of parts 1 to 4 and part 11 of this article, including terms and conditions of any permit required pursuant…

Colo. Rev. Stat. § 25-7-117 State implementation plan - revisions of limited applicability

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(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…

Colo. Rev. Stat. § 25-7-118 Delayed compliance orders

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(1) The division may, after notice and an opportunity for a public hearing, issue an order for any stationary source which specifies a date for final compliance with any requirement of the state implementation plan not later than the date for attainment of any national ambient ai…