C.R.S. Section 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to the federal environmental protection agency for inclusion in the state implementation plan, such approval is hereby rescinded.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)

Intentionally left blank —Ed.

(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: Section 25-7-133.5 — Approval or rescission of specific revisions to state implementation plan (SIP) after 1996, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑7‑101
Short title
25‑7‑102
Legislative declaration
25‑7‑103
Definitions
25‑7‑103.5
Air quality enterprise - legislative declaration - fund - definitions - gifts, grants, or donations - rules - report - repeal
25‑7‑104
Air quality control commission created
25‑7‑105
Duties of commission - technical secretary - rules - report - legislative declaration - definitions - repeal
25‑7‑105.1
Federal enforceability
25‑7‑106
Commission - additional authority
25‑7‑106.3
Commission - duties - wood-burning stoves - episodic no-burn days - rules
25‑7‑106.7
Regulations - studies - AIR program area
25‑7‑107
Commission - area classification
25‑7‑108
Commission to promulgate ambient air quality standards
25‑7‑109
Commission to promulgate emission control regulations
25‑7‑109.1
Emergency rule-making
25‑7‑109.2
Small business stationary source technical and environmental compliance assistance program - rules - advisory panel - legislative declaration - repeal
25‑7‑109.3
Colorado hazardous air pollutant control and reduction program - rules - repeal
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
25‑7‑109.6
Accidental release prevention program
25‑7‑110
Commission - procedures to be followed in setting standards and regulations
25‑7‑110.5
Required analysis of proposed air quality rules
25‑7‑110.8
5
25‑7‑111
Administration of air quality control programs - directive - prescribed fire - review
25‑7‑112
Air pollution emergencies endangering public health anywhere in this state
25‑7‑113
Air pollution emergencies endangering public welfare anywhere in this state
25‑7‑114
Permit program - definitions
25‑7‑114.1
Air pollutant emission notices - rules - fees
25‑7‑114.2
Construction permits
25‑7‑114.3
Operating permits required for emission of pollutants
25‑7‑114.4
Permit applications - contents - rules - definitions
25‑7‑114.5
Application review - public participation
25‑7‑114.6
Emission notice - fees
25‑7‑114.7
Emission fees - fund - rules - definition
25‑7‑115
Enforcement - civil actions - definitions
25‑7‑117
State implementation plan - revisions of limited applicability
25‑7‑118
Delayed compliance orders
25‑7‑119
Hearings
25‑7‑120
Judicial review
25‑7‑121
Injunctions
25‑7‑122
Civil penalties - rules - definitions
25‑7‑122.1
Criminal penalties
25‑7‑122.5
Enforcement of chlorofluorocarbon regulations
25‑7‑122.6
Administrative and judicial stays
25‑7‑123
Open burning - penalties
25‑7‑123.1
Statute of limitations - penalty assessment - criteria
25‑7‑124
Relationship with federal government, regional agencies, and other states
25‑7‑125
Organization within department of public health and environment
25‑7‑126
Application of article
25‑7‑127
Continuance of existing rules and orders
25‑7‑128
Local government - authority - penalty
25‑7‑129
Disposition of fines - community impact cash fund - repeal
25‑7‑130
Motor vehicle emission control studies
25‑7‑131
Training programs - emission controls
25‑7‑132
Emission data - public availability - submission of 2023 reports to state auditor - definitions - repeal
25‑7‑133
Legislative review and approval of state implementation plans and rules - legislative declaration - definition
25‑7‑133.5
Approval or rescission of specific revisions to state implementation plan (SIP) after 1996
25‑7‑135
Ozone protection fund created
25‑7‑137
Requirements for legislative approval of Grand Canyon visibility transport commission or successor body advisory recommendations, reports, and interpretations
25‑7‑138
Housed commercial swine feeding operations - waste impoundments - odor emissions - fund created
25‑7‑139
Methyl tertiary butyl ether - prohibition - phase-out - civil penalty
25‑7‑140
Greenhouse gas emissions - data collection - legislative declaration - rules - reporting - forecasting - public information - definitions
25‑7‑141
Air toxics - duties of covered entities - public notice of air quality incidents - monitoring - corrective action - legislative declaration - definitions - rules
25‑7‑142
Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - definitions - legislative declaration - repeal
25‑7‑143
Emergency stationary engine exception - legislative declaration - rules - notice to revisor - repeal
25‑7‑144
Tampering with motor vehicle emission control systems - violations - exceptions - rules - reporting - definitions
25‑7‑145
Legislative interim committee on ozone air quality - created - members - repeal
25‑7‑201
Prevention of significant deterioration program
25‑7‑203
State implementation plan - contents
25‑7‑204
Exclusions
25‑7‑205
Innovative technology - waivers
25‑7‑206
Procedure - permits
25‑7‑208
Area designations
25‑7‑209
Colorado designated pristine areas for sulfur dioxide
25‑7‑210
Applicability
25‑7‑211
Visibility impairment attribution studies
25‑7‑212
Actions of federal government affecting visibility - evaluation report
25‑7‑301
Attainment program
25‑7‑302
State implementation plan - contents
25‑7‑304
Emission reduction offsets
25‑7‑305
Alternative emission reduction
25‑7‑401
Legislative declaration
25‑7‑402
Definitions
25‑7‑403
Commission - rule-making for wood-burning stoves
25‑7‑404
Wood stove testing program established
25‑7‑405
Certification required for sale
25‑7‑405.5
Resale of used noncertified wood-burning devices - prohibited
25‑7‑406
Fireplace design program
25‑7‑407
Commission - rule-making for fireplaces
25‑7‑408
Required compliance in building codes
25‑7‑409
Voluntary no-burn days
25‑7‑410
Applicability
25‑7‑411
Legislative declaration
25‑7‑412
Definitions
25‑7‑413
Methods for reducing wood smoke in program area
25‑7‑501
Legislative declaration
25‑7‑502
Definitions
25‑7‑503
Powers and duties of commission - rules - delegation of authority to division
25‑7‑504
Asbestos abatement project requirements - certificate to perform asbestos abatement - certified trained persons
25‑7‑505
Certificate to perform asbestos abatement - application - approval by division - suspension or revocation of certificate
25‑7‑505.5
Testing for certification under part 5
25‑7‑506
Certificate of trained supervisors - application - approval by division - rules - responsibilities of trained supervisors - renewal of certificate
25‑7‑506.5
Certification of air monitoring specialist - rules
25‑7‑507
Certification required under federal law for asbestos projects in facilities
25‑7‑507.5
Renewal of certificates - rules - recertification
25‑7‑508
Grounds for disciplinary action - letters of admonition - denial of certification - suspension, revocation, or refusal to renew - requirement for corrective education - administrative fines
25‑7‑509
Prohibition against local certification regarding asbestos abatement
25‑7‑509.5
Building permits
25‑7‑510
Fees
25‑7‑511
Enforcement
25‑7‑511.5
Injunctive proceedings
25‑7‑511.6
Refresher training - authorization
25‑7‑512
Repeal of part
25‑7‑901
Legislative declaration
25‑7‑902
Definitions
25‑7‑903
Clean air transit options for state employees
25‑7‑1001
Legislative declaration
25‑7‑1002
Air quality related values program
25‑7‑1003
Definitions
25‑7‑1004
Administration of program by division
25‑7‑1005
Verification of federal land manager’s assertion of air quality related value impairment
25‑7‑1006
Source attribution and control strategy development
25‑7‑1007
Commission to consider control strategies in rule-making proceeding
25‑7‑1008
Voluntary agreements
25‑7‑1101
Legislative declaration
25‑7‑1102
Definitions
25‑7‑1103
Powers and duties of air quality control commission - rules
25‑7‑1104
Duties of air pollution control division - certification of trained individuals
25‑7‑1105
Fees
25‑7‑1106
Enforcement
25‑7‑1107
Applicability of article - child-occupied facilities and target housing
25‑7‑1201
Legislative declaration
25‑7‑1202
Definitions
25‑7‑1203
Voluntary agreements
25‑7‑1204
Regulatory assurances
25‑7‑1205
Exceptions
25‑7‑1206
Coal-fired power plants
25‑7‑1207
Allowances
25‑7‑1208
Economic or cost-effectiveness analyses not required
25‑7‑1301
Legislative declaration
25‑7‑1302
Definitions
25‑7‑1303
Southern Ute Indian tribe/state of Colorado environmental commission created
25‑7‑1304
Commission - powers and duties - rules
25‑7‑1305
Administration of reservation air program
25‑7‑1306
Agencies of state to cooperate
25‑7‑1307
Funding for staff and program costs
25‑7‑1308
Administrative and judicial review of commission actions
25‑7‑1309
Repeal of part
25‑7‑1401
Legislative declaration
25‑7‑1402
Definitions
25‑7‑1403
Electrifying school buses grant program - creation - eligibility
25‑7‑1404
Reporting
25‑7‑1405
Electrifying school buses grant program cash fund - creation - gifts, grants, and donations - transfer
25‑7‑1406
Repeal of part
25‑7‑1501
Legislative declaration
25‑7‑1502
Definitions
25‑7‑1503
Scope and applicability
25‑7‑1504
Emission standards for new products
25‑7‑1505
Testing - required displays - demonstrations of compliance
25‑7‑1506
Rules - analysis
25‑7‑1507
Enforcement - verifications of compliance - civil action by attorney general - penalties
Green check means up to date. Up to date

Current through Fall 2024

§ 25-7-133.5’s source at colorado​.gov