As used in this article 7, unless the context otherwise
requires:
(1) Administrator means the administrator of the federal environmental
protection agency.
(1.3) Adverse environmental effect, as a term used in the context of
regulating hazardous air pollutants, means any significant and widespread adverse
effect, which may reasonably be anticipated, to wildlife, aquatic life, or other
natural resources, including adverse impacts on populations of endangered or
threatened species or significant degradation of environmental quality over broad
areas.
(1.5) Air pollutant means any fume, smoke, particulate matter, vapor, or gas
or any combination thereof which is emitted into or otherwise enters the
atmosphere, including, but not limited to, any physical, chemical, biological,
radioactive (including source material, special nuclear material, and byproduct
material) substance or matter, but air pollutant does not include water vapor or
steam condensate or any other emission exempted by the commission consistent
with the federal act. Such term includes any precursors to the formation of any air
pollutant, to the extent the administrator of the United States environmental
protection agency or the commission has identified such precursor or precursors
for the particular purpose for which the term air pollutant is used.
(2) Air pollution control authority means the division, or any person or
agency given authority by the division, or a local governmental unit duly authorized
with respect to air pollution control.
(3) Air pollution source means any source whatsoever at, from, or by
reason of which there is emitted or discharged into the atmosphere any air
pollutant.
(4) Allowable emissions means the emission rate calculated for a
stationary source using the maximum rated capacity of the source (unless the
source is subject to enforceable permit conditions which limit the operating rate or
hours of operation, or both) and the most stringent of the following:
(a) The applicable standards promulgated pursuant to the federal act for
new source performance or hazardous air pollutants;
(b) The applicable Colorado emission control regulation; or
(c) The emission rate specified as a permit condition.
(5) Ambient air means that portion of the atmosphere, external to the
sources, to which the general public has access.
(5.5) Appliance means any device which contains and uses as a refrigerant
a class I or class II ozone depleting compound as defined by the administrator and
which is used for household or commercial purposes, including any air conditioner,
refrigerator, chiller, or freezer.
(5.7) Approved motor vehicle refrigerant recycling equipment means any
equipment models certified by the administrator, or any independent standards
testing organization approved by such administrator, to meet the standards
established by the administrator which are applicable to equipment for the
extraction of refrigerants from motor vehicle air conditioners. Equipment for such
purpose purchased prior to the promulgation of regulations pursuant to section 25-7-105 (11)(c) shall be considered certified if it is substantially identical to equipment
which is certified by the administrator.
(6) Repealed.
(6.5) CFC means any of the chlorofluorocarbon chemicals CFC-11, CFC-12,
CFC-112, CFC-113, CFC-114, CFC-115, or CFC-502.
(6.7) Colorado generally available control technology or Colorado GACT
means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of
sound engineering judgment in applying the criteria set forth in section 112 (d) of
the federal act respecting the creation of standards or requirements utilizing
generally available control technologies or management practices by area sources
for the reduction of emissions of hazardous air pollutants considering a cost-benefit analysis, economics, the cost and availability of control technology, and the
location, nature, and size of the source involved, and the actual or potential impacts
on the public health, welfare, and the environment.
(6.8) Colorado maximum achievable control technology or Colorado
MACT means standards imposed pursuant to section 25-7-109.3 (3) utilizing
principles of sound engineering judgment in applying the criteria set forth in
section 112 (d) of the federal act respecting the creation of standards or
requirements which provide for the maximum degree of emissions reduction that
has been demonstrated to be achievable for the control of hazardous air pollutants,
considering a cost-benefit analysis, economics, the cost and availability of control
technology, and the location, nature, and size of the source involved, and the actual
or potential impacts on the public health, welfare, and the environment.
(7) Commission means the air quality control commission created by
section 25-7-104.
(8) Construction means fabrication, erection, installation, or modification of
an air pollution source.
(8.5) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(9) Division means the division of administration of the department of
public health and environment.
(9.5) Effects on public welfare means all language referring to effects on
public welfare, which includes, but is not limited to, effects on soils, water, crops,
vegetation, manmade materials, animals, wildlife, weather, visibility, climate,
damage to and deterioration of property, and hazards to transportation, as well as
effects on economic values and on personal comfort and well-being, whether
caused by transformation, conversion, or combination with other air pollutants.
(9.7) Emergency event means a situation arising from a sudden and
reasonably unforeseen natural disaster or other unforeseen event, including the
loss of utility service, that requires the use of emergency stationary engines to
alleviate a threat to health, safety, and welfare pursuant to 40 CFR 60 or 63, as in
effect on January 1, 2022. A threat to health, safety, and welfare includes national
security threats.
(9.8) Emergency stationary engine means an engine that is not mobile and
that is used to provide electric power to or mechanical work for critical
infrastructure during an emergency event.
(10) Emission means the discharge or release into the atmosphere of one or
more air pollutants.
(11) Emission control regulation means and includes any standard
promulgated by regulation that is applicable to all air pollution sources within a
specified area and that prohibits or establishes permissible limits for specific types
of emissions in such area; any regulation that by its terms is applicable to a
specified type of facility, process, or activity for the purpose of controlling the
extent, degree, or nature of pollution emitted from such type of facility, process, or
activity; any regulation adopted for the purpose of preventing or minimizing
emission of any air pollutant in potentially dangerous quantities; and any regulation
that adopts any design, equipment, work practice, or operational standard. Emission
control regulations shall not include standards that describe maximum ambient air
concentrations of specifically identified pollutants or that describe varying degrees
of pollution of ambient air. Emission control regulations pertaining to hazardous air
pollutants, as defined in subsection (13) of this section, and toxic air contaminants
designated pursuant to section 25-7-109.5, shall be consistent with the emission
standards promulgated under section 112 of the federal act or section 25-7-109.3 or
25-7-109.5 in reducing or preventing emissions and may include application of
measures, processes, methods, systems, or techniques, including, but not limited to,
measures that:
(a) Reduce the volume of, or eliminate emissions of, such pollutants through
process changes, emissions limitations, control technologies, substitution of
materials, or other modifications;
(b) Enclose systems or processes to eliminate emissions;
(c) Collect, capture, or treat such pollutants when released from a process,
stack, storage, or fugitive emissions point;
(d) Are design, equipment, or work practice standards (including
requirements for operator training or certification); or
(e) Are a combination of the provisions of paragraphs (a) to (d) of this
subsection (11).
(11.5) Emission data means, with reference to any source of emission of any
substance into the air:
(a) Information necessary to determine the identity, amount, frequency,
concentration, or other characteristics (to the extent related to air quality) of any
emission which has been, or will be, emitted by the source (or of any pollutant
resulting from any emission by the source), or any combination thereof;
(b) Information necessary to determine the identity, amount, frequency,
concentration, or other characteristics (to the extent related to air quality) of the
emission which, under an applicable standard or limitation, the source was
authorized to emit (including, to the extent necessary for such purposes, a
description of the manner or rate of operation of the source), or any combination
thereof;
(c) A general description of the location or nature, or both, of the source to
the extent necessary to identify the source and to distinguish it from other sources
(including, to the extent necessary for such purposes, a description of the device,
installation, or operation constituting the source).
(12) Federal act means the federal Clean Air Act, 42 U.S.C. sec. 7401 et
seq., as amended.
(12.1) Generally available control technology or GACT means standards
promulgated pursuant to section 112 of the federal act which provide for the use of
generally available control technologies or management practices for the control
of hazardous air pollutants for area sources, as defined in section 112 of the federal
act, including equivalent emission limitations by permit pursuant to section 112 (j) of
the federal act.
(13) Hazardous air pollutant means an air pollutant which presents through
inhalation or other routes of exposure, a threat of adverse human health effects
(including, but not limited to, substances which are known to be, or may reasonably
be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, which cause
reproductive dysfunction, or which are acutely or chronically toxic) or adverse
environmental effects whether through ambient concentrations, bioaccumulation,
deposition, or otherwise and which has been listed pursuant to section 112 of the
federal act or section 25-7-109.3.
(14) Indirect air pollution source means any facility, building, structure, or
installation, or any combination thereof, excluding dwellings, which can reasonably
be expected to cause or induce substantial mobile source activity which results in
emissions of air pollutants which might reasonably be expected to interfere with
the attainment and maintenance of national ambient air standards.
(15) Issue or issuance means the mailing, including by electronic mail, of
any order, permit, determination, or notice, other than notice by publication, or
personal service on the person. The date of issuance of the order, permit,
determination, or notice must be the date of the mailing or service or such later
date as is stated in the order, permit, determination, or notice.
(16) Local air pollution law means any law, ordinance, resolution, code, rule,
or regulation adopted by the governing body of any city, town, county, or city and
county, pertaining to the prevention, control, and abatement of air pollution.
(16.5) Maximum achievable control technology or MACT means emission
standards promulgated under section 112 of the federal act requiring the maximum
degree of emissions reduction that has been demonstrated to be achievable for the
control of hazardous air pollutants, including equivalent emission limitations by
permit pursuant to section 112 (j) of the federal act.
(17) Malfunction means any sudden and unavoidable failure of air pollution
control equipment or process equipment or unintended failure of a process to
operate in a normal or usual manner. Failures that are primarily caused by poor
maintenance, careless operation, or any other preventable upset condition or
preventable equipment breakdown shall not be considered malfunctions.
(18) Motor vehicle means any self-propelled vehicle which is designed
primarily for travel on the public highways and which is generally and commonly
used to transport persons and property over the public highways.
(18.3) Motor vehicle air conditioner means any air conditioner designed for
installation in a motor vehicle which uses as a refrigerant any class I or class II
ozone depleting compound as defined by the administrator.
(18.4) Owner or operator means any person who owns, leases, operates,
controls, or supervises a stationary source.
(18.5) Ozone depleting compound means any substance on the list of class
I and class II ozone depleting compounds as defined by the administrator and as
referenced in section 602 of the federal Clean Air Act Amendments of 1990.
(19) Person means any individual, public or private corporation, partnership,
association, firm, trust, estate, the United States or the state or any department,
institution, or agency thereof, any municipal corporation, county, city and county, or
other political subdivision of the state, or any other legal entity whatsoever which is
recognized by law as the subject of rights and duties.
(19.5) Refrigeration system includes refrigerators, freezers, cold storage
warehouse refrigeration systems, and air conditioners, any of which hold more than
one hundred pounds of refrigerant or more than one hundred pounds total if more
than one refrigeration unit or system exists at the same location.
(20) Shutdown means the cessation of operation of any air pollution source
for any purpose.
(21) Start-up means the setting in operation of any air pollution source for
any purpose.
(22) State implementation plan or SIP means a plan required by and
described in section 110 (a) or 169A of the federal act.
(22.5) Statewide greenhouse gas pollution means the total net statewide
anthropogenic emissions of carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride,
expressed as carbon dioxide equivalent calculated using a methodology and data
on radiative forcing and atmospheric persistence deemed appropriate by the
commission.
(23) Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant.