(1) The commission shall promulgate appropriate regulations pertaining to hazardous air pollutants as defined in section 25-7-103 (13) which are consistent with this section and the requirements of and emission standards promulgated pursuant to section 112 of the federal act, including any standard required to be imposed under section 112(r) of the federal act. The commission shall monitor the progress and results of the risk studies performed under section 112 of the federal act to show that Colorado's hazardous air pollutant control and reduction program is consistent with the national strategy.
The commission may only promulgate regulations pertaining to hazardous air pollutants as defined in section 25-7-103 (13) in accordance with this section. In order to minimize additional regulatory and compliance costs to the state's economy, any program created by the commission pursuant to this section shall contain a provision which exempts those sources or categories of sources which it determines to be of minor significance from the requirements of the program. Consistent with the provisions of section 25-7-105.1, the commission shall authorize synthetic minor sources of hazardous air pollutants by the issuance of construction permits or prohibitory rules or other regulations. Such permits, rules, or regulations shall only be as stringent as necessary to establish synthetic minor status. The commission shall expeditiously implement this subsection (2) to assure that all sources may be able to timely qualify as a synthetic minor source, thereby avoiding the costs of the operating permit program.
(a) (I) As soon as adequate scientific, technological, and hazardous air pollutant emissions information is available, the commission may promulgate regulations for the control of hazardous air pollutants utilizing Colorado GACT or Colorado MACT technology-based emission reduction requirements, as defined in section 25-7-103 (6.7) and (6.8).
The division may establish schedules of compliance of up to five years leading tofinal compliance for any such regulation, which shall be enforced through regulations or conditions in construction permits issued pursuant to section 25-7-114.2 or 25-7-114.5. In determining any schedule of compliance, the division shall consider the current availability of technology, costs of compliance, and the consequence of delay to the public health or environment or economy.
The division shall issue its determination of Colorado GACT or Colorado MACTand the compliance schedule in writing.
Within thirty calendar days after receipt of a determination by the division requiringinstallation of Colorado GACT or Colorado MACT and the compliance schedule, pursuant to this subsection (3), a source may appeal such a determination or compliance schedule by filing with the commission a written petition requesting a hearing to review the determination on a de novo basis.
Such hearing shall allow the parties to present evidence and argument on all issuesand to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
(b) This section shall only apply to sources emitting a hazardous air pollutant identified in the list established or amended pursuant to subsection (5) of this section which:
Are not included in categories or subcategories of sources listed or proposed to belisted by the environmental protection agency under section 112 of the federal act and thus will not be required to comply with GACT or MACT under the federal act, as defined in section 257-103 (12.1) and (16.5); or
Are included in categories or subcategories of sources listed or proposed to be listedunder section 112 of the federal act and which have:
Levels of emissions of hazardous air pollutants listed under section 112 (b) of thefederal act which are below thresholds established under the federal act and thus will not be required to comply with GACT and MACT under the federal act and as defined in section 25-7103 (12.1) and (16.5); except that this section shall not apply to a source included in a category or subcategory for which a lesser quantity emission rate has been proposed or adopted under section 112 of the federal act; or
Hazardous air pollutant emissions above a threshold level of the substance listedunder subparagraph (II) of paragraph (a) and paragraph (b) of subsection (5) of this section.
(b.1) The commission may recognize similarities among regulated sources or apply, when appropriate, previous control requirements established by the commission in making a determination about the need for such regulation under this subsection (3). The commission shall also consider fundamentally different factors between sources in making these determinations.
The commission shall designate by regulation those classes of minor or insignificantsources of emissions of hazardous air pollutants which are exempt from the requirements of this section because their emissions of hazardous air pollutants will result in an inconsequential risk to public health.
(I) A source subject to the requirements of this section may be exempt from installation of Colorado MACT or Colorado GACT or any Colorado health-based requirement if the division makes a determination that an alternative level of control, including no emission controls, will result in an inconsequential risk to public health.
The division shall issue its determination of a source's request for exemption underthis paragraph (d) in writing within sixty days of receipt of a complete application for an exemption and shall publish notice of its determination by at least one publication in a newspaper of general distribution in the area of the source requesting the exemption.
Within thirty calendar days after receipt of a determination by the division of arequest for exemption by a source under this paragraph (d), the source or any person may appeal such determination by filing with the commission a written petition requesting a hearing to review the exemption request on a de novo basis.
Such hearing shall allow the parties to present evidence and argument on all issuesand to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
Any source as defined in section 112(i) of the federal act, and regulations promulgated thereunder, that participates in the early reduction program pursuant to section 112(i) of the federal act, or this article, shall be exempt from the requirements of this section for the same period of time exemptions from federal requirements or requirements under this article are allowed under the early reduction program.
This section shall not apply to sources subject to national emission standards forhazardous air pollutants (NESHAP) established by the administrator pursuant to the federal act, but only for those emissions for which a NESHAP is established.
This section shall not impose requirements on sources included in categories or subcategories of sources which are listed in section 112(n) of the federal act which are inconsistent with the timing of studies or assessments conducted under or definitions set forth in section 112(n) of the federal act.
(4) (a) (I) On or after the risk-based studies required under sections 112(k)(3), 112(o), and 112(f) of the federal act are completed and received by the commission, the commission may adopt regulations pertaining to those sources identified as emitting hazardous air pollutants regulated under this section which may include additional emission reduction requirements to address any residual risk of health effects with respect to actual persons living in the vicinity of sources after installation of technology-based controls. Imposition of such requirements may be made upon a determination by the commission that operation of sources without health-based controls does not or will not represent an inconsequential threat to public health. Regulations as finally adopted pursuant to this subsection (4) may apply on a source-specific basis. (II) Repealed.
Repealed.
Subject to paragraph (a) of this subsection (4), for existing sources not subject toregulation under section 25-7-114.3, or not subject to regulation as a modified source, the commission may promulgate health-based regulations on a source-by-source basis, with the exceptions specified in paragraph (d) of this subsection (4).
The commission may recognize similarities among regulated sources or apply, whenappropriate, previous control requirements established by the commission pursuant to paragraph (a) of this subsection (4) in making a determination about the need for such regulation under this subsection (4). The commission shall also consider fundamentally different factors between sources in making these determinations.
The commission may establish schedules of compliance leading to final compliancefor any regulation promulgated pursuant to this subsection (4).
A hearing conducted by the commission under this subsection (4) shall be conductedin accordance with section 25-7-110 or 25-7-119 or article 4 of title 24, C.R.S., as applicable.
In reaching a determination under this subsection (4), the commission shall give consideration to the technical availability of methods of compliance, the costs of compliance, and the consequences of delay. The commission shall also consider cost-benefit analysis and risk-benefit analysis pursuant to section 24-4-103 (4.5), C.R.S.
Temporary exceptional authority. (I) (A) This subparagraph (I) shall apply until such time as the commission is authorized to act pursuant to paragraph (a) of this subsection (4). If the executive director of the department of public health and environment finds that a source in a category or subcategory of sources listed or proposed to be listed under section 112 of the federal act for which MACT or GACT is not scheduled for proposal until after 1997 and presents an unacceptable threat of actual health effects, then the executive director may direct the commission to evaluate and, as necessary, study such actual health effects. If the commission finds by a preponderance of the evidence that waiting until the source would be required to install GACT or MACT under section 112 of the federal act will cause an unacceptable incremental threat of actual health effects to persons living in the vicinity of such source, the commission may promulgate regulations for the control of hazardous air pollutants for the source. The control regulations may include the least restrictive control that will adequately protect the public, including but not limited to: Chemical substitution, pollution prevention, work process modifications, additional control technologies, or Colorado MACT or GACT. In promulgating Colorado GACT or MACT for the source, the commission shall consider and be as consistent as possible with GACT or MACT under section 112 of the federal act, minimization of duplicative capital expenditures and minimization of substantial reconstruction time. The commission shall provide a schedule of compliance leading to final compliance which considers matters identified in paragraphs (c), (e), (f), and (g) of this subsection (4).
(B) Any source which is required to install Colorado MACT or GACT under regulations promulgated pursuant to sub-subparagraph (A) of this subparagraph (I) only and which subsequently is required to install federal MACT or GACT that is significantly different than Colorado MACT or GACT and imposes a significant capital cost on the source, then the general assembly shall study and consider whether an operating permit fee credit or a state tax credit for the capital costs, or a percentage of the costs, is appropriate.
Until such time as the commission is authorized to act pursuant to paragraph (a) ofthis subsection (4) and upon the recommendation of the executive director of the department of public health and environment, the governor may find, as expressed in an executive order, that after an existing source has installed Colorado or federal MACT or GACT, or Colorado MACT or GACT has been proposed for a new source or a modification of an existing source, the source presents an unacceptable threat of actual health effects. The governor may then direct the commission to evaluate and, as necessary, conduct studies on actual health effects. If the commission determines by a preponderance of the evidence that emissions of hazardous air pollutants by the source will cause an unacceptable threat of actual health effects to persons living in the vicinity of such source, the commission may then promulgate additional technology-based control regulations, pollution prevention, or health-based measures to protect the public health. The commission shall provide a schedule of compliance leading to final compliance which considers matters identified in paragraphs (c), (e), (f), and (g) of this subsection (4).
This paragraph (h) shall remain effective only until such time as the commissionacts pursuant to its authority under paragraph (a) of this subsection (4).
(5) (a) The substances listed in or pursuant to section 112(b) of the federal act, and the following substances, are declared to be hazardous air pollutants and are subject to regulation by the commission under this section:
Chemical Abstract Service Number Chemical
50-18-0 Cyclophosphamide
50-32-8 Benzo(a)pyrene
52-24-4 Tris(aziridinyl)-phosphine sulfide
52-24-4 Thio-tepa
53-70-3 Dibenz[a,h]anthracene
55-98-1 1,4-butanediol dimethanesulphonate
56-53-1 Dirthylstulresterol
56-55-3 Benz[a]anthracene
70-25-7 N-methyl-n-nitro-n-nitrosoguanidine
78-98-8 Methylglyoxol
115-28-6 Chlorendic acid
117-10-2 Chrysazin
122-60-1 Phenyl glycidyl ether
132-27-4 2-biphenylol sodium salt
154-93-8 Bischloroethyl nitrosourea
298-81-7 8-methoxypsoralen
299-75-2 Treosulphan
305-03-3 Clorambucil
370-67-2 Azactidine
366-70-1 Procarbazine hydrochloride
446-86-6 Azathioprine
484-20-8 5-methoxypsoralen
494-03-1 Chlornaphazine
590-96-5 Methanol, (methyl-onn-azoxy)
607-57-8 2-nitrofluorene
615-53-2 N-nitroso-n-methylurethane
817-09-4 Trichlormethine
1188-47-2 Nitrilotriacetic acid, copper(2+)salt(1:1)
1188-48-3 Nitrilotriacetic
acid, magnesium salt(1:1)
1309-64-4 Antimony oxide
1317-98-2 Valentinite
1402-68-2 Aflatoxins
2399-81-7 Nitrilotriacetic acid,
beryllium salt(1:1)
2399-83-9 Nitrilotriacetic acid,
barium salt(1:1)
2399-85-1 Nitrilotriacetic acid,
tripotassium salt
2399-86-2 Nitrilotriacetic acid,
dipotassium salt
2399-87-3 Nitrilotriacetic acid,
beryllium potassium salt(1:1)
2399-88-4 Nitrilotriacetic acid, potassium magnesium salt(1:1:1)
2399-89-5 Nitrilotriacetic acid,
potassium strontium salt(1:1:1)
2399-94-2 Nitrilotriacetic acid,
calcium salt(1:1)
2455-08-5 Nitrilotriacetic acid, calcium potassium salt(1:1:1)
2475-45-8 Disperse blue 1
2646-17-5 C1 solvent orange2
3130-95-8 Nitrilotriacetic acid,
scandium (3+) salt (1:1)
3438-06-0 Nitrilotriacetic acid, neodymium (3+) salt (1:1)
5064-31-3 Nitrilotriacetic acid,
trisodium salt
5522-43-0 1-nitropyrene
5798-43-6 Nitrilotriacetic acid, disodium salt, compound
with oxo (dihydrogen nit)
7496-02-8 6-nitrochrysene
10042-84-9 Nitrilotriacetic acid, sodium salt (unspecified)
10043-92-2 Radon decay products
10413-71-5 Nitrilotriacetic acid, erbium(3+) salt (3:1) (LIII) 12412-52-1 Senarmontite
12510-42-8 Erionite
13010-47-4 1-(2-chloroethyl)-3cyclohexyl-1-nitrosourea
13909-09-6 1,(2-chloroethyl)-3-(4 methyl-cyclohexyl)-1 nitrosourea
14695-88-6 Nitrilotriacetic acid, compound with iron chloride, as /fecl3/
14807-96-6 Talc (containing
asbestos fibers)
14981-08-9 Nitrilotriacetic acid, calcium salt
15414-25-2 Nitrilotriacetic acid, yttrium (3+) salt (1:1)
15467-20-6 Nitrilotriacetic acid, disodium salt
15663-27-1 Cisplatin
15844-52-7 Nitrilotriacetic acid, copper (2+) complex
15934-02-8 Nitrilotriacetic acid, monoammonium salt
16448-54-7 Nitrilotriacetic acid, iron (3+) complex
16568-02-8 Gyromitrin
18105-03-8 Nitrilotriacetic acid,
mercury (2+) salt (2:3)
18432-54-7 Nitrilotriacetic acid, cadmium (2+) complex
18540-29-9 Chromium compounds,
hexavalent
18662-53-8 Nitrilotriacetic acid, trisodium salt monohydrate
18946-94-6 Nitrilotriacetic acid,
neodymium (3+) salt (1:1)
18983-72-7 Nitrilotriacetic acid,
beryllium potassium salt (1:1)
18994-66-6 Nitrilotriacetic acid, monosodium salt
19010-73-2 Nitrilotriacetic acid, aluminium (3+) complex
19456-58-7 Nitrilotriacetic acid, inidium (3+) complex
22965-60-2 Nitrilotriacetic acid, nickel (3+) complex
23214-92-8 Adrianmycin
23255-03-0 Nitrilotriacetic acid, disodium salt, monohydrate
23319-51-9 Nitrilotriacetic acid, cobalt (3+) complex
23555-96-6 Nitrilotriacetic acid,
potassium strontium salt
(2:4:1)
23555-98-8 Nitrilotriacetic acid, calcium potassium salt
(2:1:4)
25817-24-7 Nitrilotriacetic acid,
potassium salt
28444-53-3 Nitrilotriacetic acid, monopotassium salt
28027-38-0 Nitrilotriacetic acid, holmium salt
29027-90-5 Nitrilotriacetic acid,
cerium salt
29507-58-2 Nitrilotriacetic acid, zinc (3+) complex sodium salt
32685-17-9 Nitrilotriacetic acid, triammonium salt
34831-02-2 Nitrilotriacetic acid, copper (2+) hydrogen complex
34831-03-3 Nitrilotriacetic acid, nickel (2+) hydrogen complex
36711-58-7 Nitrilotriacetic acid, manganese salt
42397-64-8 1,6-dinitropyrene
42397-65-9 1,8-dinitropyrene
46242-44-8 Nitrilotriacetic acid, antimony (3+) complex
50618-02-7 Nitrilotriacetic acid,
tricadium (2+) complex
53108-47-7 Nitrilotriacetic acid, copper (2+) complex sodium
salt
53108-50-2 Nitrilotriacetic acid,
cobalt (3+) hydrogen complex
53818-84-1 Nitrilotriacetic acid,
tin (2+) salt
54749-90-5 Chlorozotocin
57835-92-4 4-nitropyrene
59865-13-3 Cyclosporin A
60034-45-9 Nitrilotriacetic acid, calcium sodium salt
(1:1:1)
60153-49-3 3-(n-nitrosomethylamino)
propionitrile
61017-62-7 Nitrilotriacetic acid, iron (2+) complex sodium
salt (1:1:1)
62450-06-0 trp-p-1
62450-07-1 trp-p-2
64091-91-4 Ketone, 3-pyridyl3(n-methyl-n-nitrosoamino) propyl
67730-10-3 2-aminodipyrido[1,2-a3,2d]imidazole
66730-11-4 2-amino-6-
methyldipyrido[1,2-a32d]imidazole
68006-83-7 2-amino-3-methyl-
9h-pyrido[2,3-b]indole
69679-89-6 Nitrilotriacetic acid,
calcium salt (2:3)
71484-80-5 Nitrilotriacetic acid, copper (2+) complex ammonium salt
72629-49-3 Nitrilotriacetic acid, dilithium salt
73772-91-5 Nitrilotriacetic acid, magnesium salt
76180-96-6 2-amino-3-
methylimadazo[4,5f]quinoline
79217-60-0 Cyclosporine
79849-02-8 Nitrilotriacetic acid, lead (2+) salt (1:1)
79915-08-5 Nitrilotriacetic acid,
lead (2+) potassium salt
(1:1:1)
79915-09-6 Nitrilotriacetic acid,
lead (2+) salt (2:3)
80508-23-2 N-nitrosonornicotine
86892-89-9 Nitrilotriacetic acid, disodium ammonium salt
92474-39-0 Nitrilotriacetic acid, trisilver salt
92988-11-9 Nitrilotriacetic acid,
strontium sodium salt
108171-26-2 Chlorinated paraffins
(c12, 60% chlorine)
309-00-2 Aldrin
60-57-1 Dieldrin
55-18-5 N-nitrosodiethylamine
| (CXXVII) | 319-84-6 | L-hexachlorocyclohexane |
|---|---|---|
| (CXXVIII) | 608-73-1 | Hexachlorocyclohexane-tech |
| (CXXIX) | 7644-41-0 | 1,4 dichloro-2-butene |
| (CXXX) | 924-16-3 | N-nitroso-d-n-butyl-amine |
The commission may promulgate a regulation which amends by adding to, or deleting from, the list of hazardous air pollutants subject to regulation under this section within the state which are not listed as hazardous air pollutants under the federal act. In amending the list of hazardous air pollutants in paragraph (a) of this subsection (5), the commission shall utilize the same standards and criteria which section 112 of the federal act requires the administrator to utilize in amending the list of hazardous air pollutants under the federal act.
The commission shall by regulation establish de minimis emission levels for eachhazardous air pollutant beneath which levels emissions are considered to be of minor significance.
The rule-making authorized under paragraphs (b) and (c) of this subsection (5) shallinclude a hearing to allow the parties to present evidence and argument on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
Proceedings of the commission to amend the list of hazardous air pollutants underparagraph (b) of this subsection (5) shall be conducted on a substance-by-substance basis and there shall not be a consolidation of proceedings wherein more than five substances are considered for listing as a hazardous air pollutant in one proceeding.
Source: L. 92: Entire section added, p. 1180, § 13, effective July 1. L. 94: (2) amended, p. 1419, § 2, effective May 25; (4)(h)(I)(A) and (4)(h)(II) amended, p. 2782, § 499, effective July 1. L. 96: (1) amended, p. 1257, § 150, effective August 7. L. 2016: (3)(b.1), (3)(d)(III), (4)(d), (4)(h)(I)(A), (4)(h)(II), and (5)(b) amended and (4)(a)(II) and (4)(b) repealed, (SB 16189), ch. 210, p. 771, § 64, effective June 6.
Cross references: For the legislative declaration contained in the 1994 act amending subsections (4)(h)(I)(A) and (4)(h)(II), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.