2021 Colorado Code
Title 25 - Public Health and Environment
Article 7 - Air Quality Control
Part 1 - Air Quality Control Program
§ 25-7-114.1. Air Pollutant Emission Notices - Rules

1. 1. 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 with the division with respect to such emission. The commission may require that air pollutant emission notices for greenhouse gas, as defined in section 25-7-140 (6), report the previous calendar year's emissions of greenhouse gas in the form of carbon dioxide equivalent. An air pollutant emission notice is valid for a period of no more than five years.
   2. With regard to the changes made in 2021 by House Bill 21-1266:
      1. Nothing:
         1. Alters the greenhouse gas emission reduction goals previously established in section 25-7-102 (2)(g), in either amount or timing; or
         2. Detracts from the air quality control commission's existing authority to require more than the minimum greenhouse gas emission reduction goals and deadlines previously established in section 25-7-102 (2)(g); and

      2. The changes add to, but do not otherwise alter, the air quality control commission's authority and obligation to publish and promulgate rules pursuant to sections 25-7-102 (2)(g), 25-7-105, and 25-7-140.

2. A revised emission notice shall be filed whenever a significant change in emissions, in processes, or in the facility is anticipated or has occurred or as the commission otherwise determines to be necessary. The revised air pollutant emission notice is valid for no more than five years or until the underlying permit expires. The commission shall exempt those sources or categories of sources that it determines to be of minor significance from the requirement that an air pollutant emission notice be filed.
3. The commission shall promulgate a list of air pollutants that are required to be reported in an air pollutant emission notice. No later than December 31, 2022, the commission shall include greenhouse gas, as defined in section 25-7-140 (6), in the list of air pollutants required to be reported in an air pollutant emission notice and shall identify the categories of sources for which and the thresholds below which greenhouse gas does not need to be reported in an air pollutant emission notice. An air pollutant emission notice for greenhouse gases need not be required for a facility or entity that is otherwise exempt from reporting greenhouse gas emissions to the division pursuant to a rule adopted by the commission. Prior to the commission's promulgation of such a list of air pollutants to be reported in an air pollutant emission notice, sources shall report any emissions of the following that are in excess of de minimis quantities:
   1. Volatile organic compounds or precursors of air quality problems in Colorado as determined by the commission by regulation;
   2. Any pollutant regulated under section 25-7-109.3 or under section 112(b) of the federal act;
   3. Any pollutant for which a national primary ambient air quality standard has been promulgated under section 109 of the federal act;
   4. All extremely hazardous substances listed pursuant to section 302(a)(2) of the federal “Superfund Amendments and Reauthorization Act of 1986”, 42 U.S.C. sec. 11002 (a)(2).

4. Each such notice shall specify the location at which the proposed emission will occur, the name and address of the person operating or owning such facility, process, or activity, the nature of such facility, process, or activity, and an estimate of the quantity and composition of the expected emission. The division shall make available at all air pollution control authority offices appropriate forms on which the information required by this section shall be furnished.
5. (Deleted by amendment,L. 2001, p. 640, § 2, effective May 30, 2001.)
6. 1. For state fiscal year 2020-21, the fee for filing an air pollutant emission notice or an amendment to the notice under this section is two hundred sixteen dollars. For state fiscal year 2021-22, the fee for filing an air pollutant emission notice or an amendment to the notice under this section is two hundred forty-two dollars. Thereafter, the commission may adjust the fee by rule to cover the indirect and direct costs required to develop and administer the programs established pursuant to this article 7. The money collected pursuant to this subsection (6)(a) shall be transmitted to the state treasurer, who shall credit it to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).
   2. Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (6), the commission by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.

History. Source: L. 92: Entire section added, p. 1200, § 18, effective July 1. L. 93: (6) amended, p. 941, § 1, effective May 28; (3)(d) and (5)(b)(I) amended, p. 1787, § 68, effective June 6. L. 98: (6) amended, p. 1334, § 48, effective June 1. L. 2001: (2), (5), and (6)(a) amended, p. 640, § 2, effective May 30. L. 2008: (6)(a) amended, p. 882, § 2, effective May 20. L. 2018: (6)(a) amended,(HB 18-1400), ch. 218, p. 1393, § 2, effective May 18. L. 2020: (6)(a) amended,(SB 20-204), ch. 192, p. 891, § 4, effective July 1. L. 2021: (1), (2), and IP(3) amended,(HB 21-1266), ch. 411, p. 2731, § 7, effective July 2.

Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 2, 2021.

1. For the legislative declaration in HB 18-1400, see section 1 of chapter 218, Session Laws of Colorado 2018.
2. For the short title (“Clean Up Colorado's Air Act”) in SB 20-204, see section 1 of chapter 192, Session Laws of Colorado 2020.
3. 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.

Law reviews. For article, “Colorado's New Clean Air Program”, see 22 Colo. Law. 541 (1993).