2021 Colorado Code
Title 25 - Public Health and Environment
Article 7 - Air Quality Control
Part 1 - Air Quality Control Program
§ 25-7-114.4. Permit Applications - Contents - Rules - Definitions

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 requirements, shall be in furtherance of the policy contained in section 25-7-102, and shall implement, where applicable, permit and permit application contents, procedures, requirements, and restrictions with respect to the following:
   1. Identification and address of the owner and operator of the source or facility from which the emission or emissions are to be permitted;
   2. Location, quantity, and quality characteristics of the permitted emissions;
   3. Inspection, monitoring, record-keeping, and reporting requirements consistent with standard procedures, methods, and requirements established by the division;
   4. Deadlines for submitting permit applications and compliance plans, which, for applications for renewable operating permits, shall be no later than twelve months after the source becomes subject to an approved permit program. Deadlines for submitting permit applications for renewal of renewable operating permits shall be consistent with the requirements for filing such applications promulgated under the federal act but in no event earlier than required under the federal act.
   5. Contents of compliance plans to be submitted with renewable operating permit applications, which shall include schedules of compliance and progress reports at least every six months;
   6. Annual certifications of facility compliance with permit requirements, with prompt reporting of deviations from permit requirements;
   7. Submission of pertinent plans and specifications for the facility or source from which the emission is to be permitted;
   8. Restrictions on transfers of the permit;
   9. Procedures to be followed in the event of expansion or modification of the source or facility from which the emission occurs, or change in the quality, quantity, or frequency of the emission;
   10. Duration of the permit and renewal procedures. The duration of construction permits shall be until the renewable operating permit is issued. The duration of renewable operating permits is five years.
   11. Procedures to terminate, modify, or revoke and reissue permits for cause; procedures to revise permits, prior to renewal or termination, to incorporate applicable standards and regulations adopted after the issuance of such permit as expeditiously as practicable, but not later than eighteen months after promulgation of the applicable requirement, or to incorporate otherwise applicable standards and regulations in the permit; except that no such revision shall be required if the effective date of the standards or regulation occurs after the permit term expires, such revision shall be treated as a permit renewal, and the defense established under subsection (3) of this section shall apply until the permit amendment is complete;
   12. Procedures for incorporating emission limitations and other requirements from an applicable implementation plan, and other applicable requirements, into new or renewed permits;
   13. Procedures for notifying other contiguous states whose air quality may be affected by the emissions or that are within fifty miles of the source and for submitting comments and recommendations regarding the proposed permit;
   14. Procedures for modifying or amending permits, and procedures for authorizing any change within a permitted facility without requiring a permit revision, so long as any such change is not a modification under any provision of subchapter I of the federal act, and any such change does not exceed the emissions allowable under the permit, and advance notice is given to the division and the administrator. Such advance notice shall be no earlier than that required under regulations promulgated pursuant to the federal act. Failure of the division to respond by the day following the last day of such advance notice period allows the source to proceed with any such change.
   15. Procedures to make available to the public any permit application, compliance plan, permit, and monitoring or compliance report, subject to the provisions of section 25-7-119 (4). If an applicant is required to submit information entitled to protection from disclosure, the applicant may submit such information separately.
   16. Procedures for issuing general permits after notice and an opportunity for hearing, covering numerous similar sources;
   17. Procedures for issuing single permits for a facility with multiple sources; and
   18. Requirements for permit applications, including a standard application form and criteria for determining in a timely fashion the completeness of applications.

2. The division shall examine applications for and may issue, suspend, revoke, modify, deny, and otherwise administer all permits required under this article. Such administration shall be in accordance with the provisions of this article and regulations promulgated by the commission.
3. 1. Compliance with all renewable operating permit terms and conditions shall be deemed compliance with section 25-7-114.3 and shall be deemed compliance with other applicable provisions of this article if:
      1. The permit includes the applicable requirements of such provisions; or
      2. The division or commission, in acting on the permit application, makes a determination that such other provisions are not applicable, and the permit includes the determination or a concise summary thereof. Such other provisions as are not applicable in each permit shall be identified upon the request of the permittee.

   2. Nothing in paragraph (a) of this subsection (3) shall alter or affect:
      1. The provisions of section 25-7-112 or 25-7-113 or section 303 of the federal act;
      2. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance.

4. For any permitted sand and gravel operation or crushed stone quarry or oil and gas well operation, if a breakdown of equipment or changes in market conditions require any additional crusher or screen or skid-mounted compressor or glycol dehydrator to be brought onto a site, the air pollutant emission notice filed under section 25-7-114.1 shall also serve as an application for a permit under the provisions of this section to continue operations at such a site with alternative or additional equipment until such permit is issued stating emission limitations.
5. Provisions for permits for sources that affect disproportionately impacted communities.Applicability and requirements.Fees.Definitions.
   1. 1. Rules. No later than June 1, 2023, the commission shall adopt rules to implement the requirements of this subsection (5). (a) (I) Rules. No later than June 1, 2023, the commission shall adopt rules to implement the requirements of this subsection (5).
      2. The commission may set thresholds of affected pollutants below which the requirements of this section do not apply.
      3. In adopting rules to implement this subsection (5), the commission shall identify disproportionately impacted communities.
      4. The commission shall periodically, but not less often than every three years, revisit its identification of disproportionately impacted communities and determinations of affected pollutants.
      5. (A) The commission's rules must provide for enhanced modeling and monitoring requirements for new and modified sources of affected pollutants in disproportionately impacted communities that are identified or approved at the time of permit application. In adopting the rules, the commission shall also consider requiring enhanced monitoring for existing sources of affected pollutants.

   2. Applicability and requirements. (I) The requirements of this subsection (5)(b) apply to permits for sources of affected pollutants in disproportionately impacted communities.
   3. Fees. Sources of affected pollutants subject to the requirements of this subsection (5) shall pay a processing fee in conformity with section 25-7-114.7 (2)(a)(III) to cover the division's and commission's direct and indirect costs of implementing the requirements of this section. These fees shall be credited to the stationary sources control fund in accordance with section 25-7-114.7 (2)(b)(I).
   4. Definitions. As used in this subsection (5), unless the context otherwise requires:
      1. “Affected pollutants” means those air pollutants as determined by the commission with the potential to cause or contribute to significant health or environmental impacts. The term includes:
         1. Volatile organic compounds;
         2. Oxides of nitrogen;
         3. Hazardous air pollutants as identified by the commission, including benzene, toluene, ethylbenzene, and xylene; and
         4. Particulate matter that is two and one-half microns or smaller.

      2. “Source of affected pollutants” means a stationary source that emits any affected pollutant in an amount such that a construction permit is required under commission rules.

History. Source: L. 92: Entire section added, p. 1205, § 18, effective July 1. L. 95: (4) added, p. 1342, § 3, effective July 1. L. 2021: (5) added,(HB 21-1266), ch. 411, p. 2732, § 8, 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.

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.