(1)(a) 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.
(b)With regard to the changes made in 2021 by House Bill 21-1266:
(I)Nothing:
(A)Alters the greenhouse gas emission reduction goals previously
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(1) (a) 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.
(b) With regard to the changes made in 2021 by House Bill 21-1266:
(I) Nothing:
(A) Alters the greenhouse gas emission reduction goals previously
established in section 25-7-102 (2)(g), in either amount or timing; or
(B) 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
(II) 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:
(a) Volatile organic compounds or precursors of air quality problems in
Colorado as determined by the commission by regulation;
(b) Any pollutant regulated under section 25-7-109.3 or under section 112(b)
of the federal act;
(c) Any pollutant for which a national primary ambient air quality standard
has been promulgated under section 109 of the federal act;
(d) 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 notice required by this section must specify the location at which
the proposed emission will occur; the name and address of the person operating or
owning the facility, process, or activity; the nature of the facility, process, or
activity; and an estimate of the quantity and composition of the expected emission.
The division shall provide appropriate forms on which the information required by
this section must be furnished.
(5) (Deleted by amendment, L. 2001, p. 640, � 2, effective May 30, 2001.)
(6) (a) 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).
(b) 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.