§ 25-7-1204 — Regulatory assurances

Colorado § 25-7-1204

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Air Quality Control

Text

(1) Except as provided in this section
and in section 25-7-1205, the owner or operator of a stationary source or group of
stationary sources who enters into a voluntary agreement pursuant to section 25-7-1203 shall be granted the regulatory assurances provided in this section. For the
assurance period set forth in the voluntary agreement, not to exceed fifteen years,
a stationary source or group of stationary sources subject to the voluntary
agreement shall not be required to install additional pollution control equipment or
implement additional pollution control strategies to reduce emissions of the air
pollutant subject to the emission limitations contained in the voluntary agreement
in order to comply with:

(a) State regulatory requirements that are based exclusively on state
authority and that, either directly or indirectly, necessitate reductions in the air
pollutant subject to the voluntary agreement; or

(b) Federal regulatory requirements that:

(I) Either directly or indirectly necessitate reductions in emissions of the air
pollutant subject to the voluntary agreement;

(II) Establish generally applicable goals for the reductions of ambient
concentrations of the air pollutant subject to the voluntary agreement or its
chemical products; and

(III) Do not establish requirements that apply specifically to the stationary
source or group of stationary sources.

(2) Notwithstanding subsection (1) of this section, the owner or operator of
the stationary source or group of stationary sources may be required to comply
with federal regulatory requirements if:

(a) The owner or operator has agreed in writing to abide by the requirements;
or

(b) The commission promulgates the requirements in regulations that first
require all other sources, including mobile sources, of the air pollutant within the
affected region within Colorado to implement all available cost-effective measures
to reduce emissions of the air pollutant. Such regulations, including the
requirements contained therein applicable to the stationary source or group of
stationary sources subject to the voluntary agreement, shall not apply to any
stationary source or group of stationary sources unless and until the general
assembly acts to postpone the expiration of the regulations in accordance with
section 24-4-103, C.R.S.

Legislative History

Source: L. 98: Entire part added, p. 1047, � 1, effective July 1.