(1) 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. An air pollutant emission notice shall be valid for a period of five years.
All sources existing on or before December 31, 1992, shall file an updated air pollutant emission notice with the division on or before December 31, 1992. In addition, a revised emission notice shall be filed whenever a significant change in emissions, in processes, or in the facility is anticipated or has occurred. The revised air pollutant emission notice shall be valid for five years or until the underlying permit expires. The commission shall exempt those sources or categories of sources which it determines to be of minor significance from the requirement that an air pollutant emission notice be filed.
The commission shall promulgate a list of air pollutants which are required to bereported in an air pollutant emission notice. 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 which are in excess of de minimis quantities:
Volatile organic compounds or precursors of air quality problems in Colorado asdetermined by the commission by regulation;
Any pollutant regulated under section 25-7-109.3 or under section 112(b) of the federal act;
Any pollutant for which a national primary ambient air quality standard has beenpromulgated under section 109 of the federal act;
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).
Each such notice shall specify the location at which the proposed emission will occur, the name and address of the person operating or owning such facility, process, or activity, the nature of such facility, process, or activity, and an estimate of the quantity and composition of the expected emission. The division shall make available at all air pollution control authority offices appropriate forms on which the information required by this section shall be furnished.
(Deleted by amendment, L. 2001, p. 640, § 2, effective May 30, 2001.)
(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.
Source: L. 92: Entire section added, p. 1200, § 18, effective July 1. L. 93: (6) amended, p. 941, § 1, effective May 28; (3)(d) and (5)(b)(I) amended, p. 1787, § 68, effective June 6. L. 98: (6) amended, p. 1334, § 48, effective June 1. L. 2001: (2), (5), and (6)(a) amended, p. 640, § 2, effective May 30. L. 2008: (6)(a) amended, p. 882, § 2, effective May 20. L. 2018: (6)(a) amended, (HB 18-1400), ch. 218, p. 1393, § 2, effective May 18. L. 2020: (6)(a) amended, (SB 20-204), ch. 192, p. 891, § 4, effective July 1.
Editor's note: Section 7 of chapter 192 (SB 20-204), Session Laws of Colorado 2020, provides that the act changing this section applies to fees paid on or after July 1, 2020.
Cross references: (1) For the legislative declaration in HB 18-1400, see section 1 of chapter 218, Session Laws of Colorado 2018.
(2) For the short title ("Clean Up Colorado's Air Act") in SB 20-204, see section 1 of chapter 192, Session Laws of Colorado 2020.