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2020 Colorado Revised Statutes
Title 25 - Public Health And Environment
Article 7. Air Quality Control

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Editor's note: This article was numbered as article 31 of chapter 66, C.R.S. 1963. The substantive provisions of this article were repealed and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1979, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.


PART 1 AIR QUALITY CONTROL PROGRAM

Cross references: For the automobile inspection and readjustment program, see part 3 of article 4 of title 42.

Law reviews: For article, "A Practitioners Guide to the Colorado Air Quality Control Commission", see 16 Colo. Law. 1405 (1987); for article, "Colorado's New Clean Air Program", see 22 Colo. Law. 541 (1993); for article, "Colorado's Clean Air Act Amendments Regulations", see 23 Colo. Law. 861 (1994).

PART 2 PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM PART 3 ATTAINMENT PROGRAM PART 4 CONTROL OF POLLUTION CAUSED BY WOOD SMOKE PART 5 ASBESTOS CONTROL

Editor's note: This part 5 was added in 1985 and was not amended prior to 1987. The substantive provisions of this part 5 were repealed and reenacted in 1987, resulting in the addition, relocation, and elimination of sections as well as subject matter. For the text of this part 5 prior to 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

Law reviews: For article, "Recovering Asbestos Abatement Costs in Tort Actions", see 19 Colo. Law. 659 (1990).

PART 6 DIESEL INSPECTION PROGRAM PART 7 TRAVEL REDUCTION TASK FORCE PART 8 TRAVEL REDUCTION PROGRAM PART 9 CLEAN AIR TRANSIT OPTIONS

  1. Legislative declaration. The general assembly hereby declares that the state's effort to mitigate traffic congestion and promote clean air will be served by providing clean air transit options to state employees.

Source: L. 96: Entire part added, p. 853, § 1, effective May 23.

  1. Definitions. As used in this part 9, unless the context otherwise requires:

  1. "State agency" means any department, board, bureau, commission, institution, or other agency of the state, including institutions of higher education.

  2. "State employees" means the employees of any state agency.

Source: L. 96: Entire part added, p. 853, §1, effective May 23. L. 2018: IP added, (HB 18-1375), ch. 274, p. 1714, § 62, effective May 29.

PART 10 AIR QUALITY RELATED VALUES - CLASS I FEDERAL AREAS

  1. Legislative declaration. In order to establish a fair, practical, and costeffective 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 pollution that is causing biological harm, the general assembly hereby institutes the procedures set forth in this part 10.

Source: L. 96: Entire part added, p. 1443, § 1, effective June 1.

  1. Air quality related values program. (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 affected federal, state, and local governmental entities, shall maintain a state-retained authority program in conformance with section 25-7-105.1 for nonvisibility air quality related values, referred to in this part 10 as the "program".

(2) The commission shall develop a program under which, except for grant funds secured from other sources, the federal government undertakes the responsibility for the funding of air quality related value baseline data collection and the verification studies needed to substantiate an assertion of significant impairment, and the commission is encouraged to conduct the activities specified in this part 10 in coordination with interested state and local governmental entities and affected citizens and businesses.

Source: L. 96: Entire part added, p. 1443, § 1, effective June 1.

PART 11 LEAD-BASED PAINT ABATEMENT PART 12 VOLUNTARY EMISSION LIMITATIONS

  1. Legislative declaration. The general assembly hereby finds, determines, and declares that voluntary emission limitations are an effective and efficient way to reduce emissions of air pollutants. However, the uncertainty of future control requirements impedes an owner or operator of a stationary source or group of stationary sources from making the investments necessary to voluntarily reduce emissions. The department of public health and environment should encourage all owners and operators of stationary sources or groups of stationary sources to voluntarily reduce emissions by providing, to the extent possible, certainty with respect to future control requirements.

Source: L. 98: Entire part added, p. 1044, § 1, effective July 1.

  1. Definitions. The definitions contained in section 25-7-103 shall apply to this part 12. In addition, the following definitions shall apply to this part 12:

  1. "Actual emissions" means the average amount of emissions, calculated in tons peryear, that the stationary source or group of stationary sources emitted during the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division for review so long as the three-year time period is representative of normal unit operation. A different time period may be used to calculate actual emissions if such time period is more representative of normal unit operation than the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division.

  2. "Actual emission rate" means the average rate of emissions, calculated in pounds permillion BTU or a comparable measure of the mass of emissions per unit of production, that the stationary source or group of stationary sources emitted during the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division for review so long as the three-year time period is representative of normal unit operation. A different time period may be used to calculate the actual emission rate if such time period is more representative of normal unit operation than the three-year period immediately prior to the date the proposed voluntary agreement was submitted to the division.

Source: L. 98: Entire part added, p. 1044, § 1, effective July 1.

PART 13 THE SOUTHERN UTE INDIAN TRIBE/ STATE OF COLORADO ENVIRONMENTAL COMMISSION

Law reviews: For article, "Air Pollution Control on the Southern Ute Indian Reservation", see 42 Colo. Law. 85 (Aug. 2013).

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