(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 that such program and regulations shall be consistent with the
legislative declaration set forth in section 25-7-102. Such regulations may include,
but shall not be limited to:
(a) Classification and, as appropriate, reclassification of the state into
attainment, nonattainment, and unclassifiable areas, and division of the state into
such control regions or areas as may be necessary or desirable for effective
administration of this article;
(b) Classification and definition of different degrees or types of air pollution;
(c) Emission control regulations that are applicable to the entire state, that
are applicable only within specified areas or zones of the state, or that are
applicable only when a specified class of pollution is present;
(d) Development of a high altitude performance adjustment program for
motor vehicles to the extent authorized by section 215 of the federal act;
(e) Development of a control or prohibition respecting the use of a fuel or
fuel additives in a motor vehicle or motor vehicle engine to the extent authorized by
section 211(c) of the federal act if, based on sound scientific data, the commission
finds that a measurable reduction in ambient concentrations of criteria pollutants
or other pollutants shall occur.
(2) The commission may hold public hearings, issue notice of hearings, issue
subpoenas requiring the attendance of witnesses and the production of evidence,
administer oaths, and take such testimony as it deems necessary, all in conformity
with article 4 of title 24, C.R.S., and with sections 25-7-110 and 25-7-119.
(3) The commission may adopt such rules and regulations in conformity with
article 4 of title 24, C.R.S., governing procedures before the commission as may be
necessary to assure that hearings before the commission will be fair and impartial.
(4) (a) In the event the commission, after hearing, finds and determines that a
particular style or model of automobile air pollution control device is not
sufficiently effective to justify the continued connection and operation of such
device, the commission shall so notify the department of revenue; thereafter, all
devices of such particular style or model shall be exempt from the provisions of
section 42-4-314, C.R.S.
(b) Repealed.
(4.1) Repealed.
(5) The commission may exercise all incidental powers necessary to carry
out the purposes of this article.
(6) The commission may require the owner or operator, or both, of any air
pollution source to:
(a) Establish and maintain reports as prescribed by the commission;
(b) Install, use, and maintain monitoring equipment or methods as prescribed
by the commission;
(c) Record, monitor, and sample emissions in accordance with such methods,
at such locations, at such intervals, and in such manner as the commission shall
prescribe;
(d) Provide such other information as the commission may require.
(7) (a) The commission is specifically authorized and directed to develop a
program to apply and enforce every relevant provision of the state implementation
plan and every relevant emission control strategy to minimize emissions, including
the impacts of actions by significant users of prescribed fire, including federal,
state, and local government, and private land managers that are significant users of
prescribed fire. The program developed by the commission under this subsection (7)
shall include, but not be limited to, the imposition of any fees necessary to
administer the program, including the recovery of costs by the state for the
evaluation of planning documents pursuant to subsection (8) of this section, and
the imposition of penalties pursuant to section 25-7-122.
(b) The general assembly hereby finds, determines, and declares that the
Grand Canyon visibility transport commission's recommendations for improving
western vistas report identified the emissions from fire, both wildfire and
prescribed fires, as likely to have the single greatest impact on visibility at class I
areas through the year 2040. The emissions from fire, both wildfire and prescribed
fire, are an important episodic contributor to visibility impairing aerosols. The Grand
Canyon visibility transport commission report identified that significant amounts of
visibility impairment result from activities on federal lands, from mobile sources,
and from Mexico.
(c) The general assembly further finds, determines, and declares that
emissions from grassland and forest fires have substantial episodic impacts on
ambient air quality throughout the state and are a major source of visibility
impairment over which this state has jurisdiction but has not yet developed a
comprehensive program to reduce such impairment.
(d) The general assembly further finds, determines, and declares that the
standard in its statement of legislative purpose in section 25-7-102 of the
Colorado Air Pollution Prevention and Control Act requiring the use of all
practical methods that are technologically feasible and economically reasonable so
as to reduce, prevent, and control air pollution is an appropriate standard to apply in
relation to air pollution emissions resulting from the use of prescribed fire in
grassland and forest management.
(e) This subsection (7) and subsection (8) of this section are adopted
pursuant to section 118 of the federal act and shall be construed to exercise the full
extent of the state's authority as granted by the provisions of said federal act. The
federal government, as the only landowner of its size in the state and the only
landowner in the state other than the state government itself that routinely
prepares plans involving the management of grassland and forest lands using
prescribed fire, is appropriately subject to the requirements of this section
pertaining to review and approval of planning documents.
(f) Persons owning or managing large parcels of land who significantly use
prescribed fire as a grassland or forest management tool shall prepare plans
addressing the use and role of prescribed fire and the air quality impacts resulting
therefrom, and such plans are appropriately subject to the review requirements of
this section. The state, by reviewing these types of plans, can achieve significant
progress towards cooperatively reducing emissions from those lands that impact
visibility in Colorado.
(g) As used in this subsection (7) and in subsection (8) of this section, the
term significant user of prescribed fire means a federal, state, or local agency or
significant management unit thereof or person that collectively manages or owns
more than ten thousand acres of grasslands or forest lands within the state of
Colorado and that uses prescribed fire. The adoption of a fire management plan by
a local or county unit of government pursuant to section 30-11-124, C.R.S., does not
constitute management for purposes of this section unless the county or local unit
of government owns or manages more than ten thousand acres and is a significant
user of prescribed fire. Prescribed fire means fire that is intentionally used for
grassland or forest management, regardless of whether the fire is caused by
natural or human sources. Prescribed fire does not include open burning in the
course of agricultural operations and does not include open burning for the purpose
of maintaining water conveyance structures, unless the commission acts pursuant
to section 25-7-123. The commission shall by rule exempt from the program
developed pursuant to this subsection (7) those sources that have an insignificant
impact on visibility and air quality.
(8) (a) The commission, in exercising the powers conferred by subsection (7)
of this section and this subsection (8), shall require all significant users of
prescribed fire, including federal agencies for activities directly conducted by or on
behalf of federal agencies on federal lands, to minimize emissions using all
available, practicable methods that are technologically feasible and economically
reasonable in order to minimize the impact or reduce the potential for such impact
on both the attainment and maintenance of national ambient air quality standards
and the achievement of federal and state visibility goals.
(b) (I) In order to ensure compliance with the requirements of paragraph (a)
of this subsection (8), significant users of prescribed fire shall submit planning
documents to the commission. The commission shall then conduct a public hearing
to review each planning document submitted relevant to achieving the goal of
minimizing emissions and impacts as set forth in paragraph (a) of this subsection
(8). Only one hearing shall be held for each planning document. The commission
shall hold a hearing and complete its review of the planning documents submitted
by any significant user of prescribed fire within forty-five days of their receipt by
the commission, unless otherwise agreed to by the significant user of prescribed
fire.
(II) As used in this paragraph (b), planning documents means documents
that summarize the use of prescribed fire as a grassland or forest management tool
and the associated discharge or release of air pollution and that demonstrate how
compliance with the state standard expressed in section 25-7-102 shall be
achieved. Planning documents shall include land management plans or a
summary of the equivalent information that explains and supports the land
management criteria evaluated and the decision to use prescribed fire as the fuel
treatment method. Planning documents shall include a discussion of the
alternatives considered and a discussion of how prescribed fire, if selected,
minimizes the risk of wildfire.
(III) The commission shall have discretion to adopt rules governing the
resubmission of planning documents to prevent such plans from becoming
outdated.
(c) Following a public hearing, the commission shall comment and make
recommendations to the significant user of prescribed fire regarding any changes
to elements of the plan relating to the discharge or release of air pollutants that the
commission finds necessary to comply with the state standard expressed in section
25-7-102.