Public notice of air quality incidents - duties of covered entities definitions.

Checkout our iOS App for a better way to browser and research.

(1) As used in this section:

  1. "Covered air toxic" means hydrogen cyanide, hydrogen sulfide, and benzene.

  2. "Covered facility" means a stationary source that reported at least one of the following amounts of a covered air toxic in its federal toxics release inventory filing pursuant to 42 U.S.C. sec. 11023 for the year 2017 or later:

(I) For hydrogen cyanide, ten thousand pounds; (II) For hydrogen sulfide, five thousand pounds; and (III) For benzene, one thousand pounds.

  1. "Emergency notification service" has the meaning established in section 29-11-101 (1.5).

  2. "Incident" means the emission by a covered facility of an air pollutant at a rate orquantity that exceeds allowable emissions as a result of anticipated or unanticipated circumstances, including a malfunction, start-up, shutdown, upset, or emergency.

(2) Each covered facility shall:

(a) Conduct outreach to representatives of the community surrounding the covered facility to discuss communications regarding the occurrence of an incident, including:

  1. Methods by which the covered facility can disseminate information to the communityand methods by which community members can contact the covered facility regarding an incident; and

  2. Provisions for communications in Spanish;

  1. Use an emergency notification service through which the covered facility will communicate with, and make data available to, the community surrounding the covered facility regarding the occurrence of an incident;

  2. Implement the emergency notification service within six months after July 2, 2020;and

  3. Pay all costs associated with its use of the emergency notification service.

Source: L. 2020: Entire section added, (HB 20-1265), ch. 218, p. 1079, § 1, effective July 2.

Editor's note: Section 2 of chapter 218 (HB 20-1265), Session Laws of Colorado 2020, provides that the act adding this section applies to conduct occurring on or after July 2, 2020.


Download our app to see the most-to-date content.