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Second Regular Session
Sixty-first General Assembly
LLS NO. 980473.01 DHG
HOUSE BILL 981192
STATE OF COLORADO
BY REPRESENTATIVE Paschall;
also SENATOR Mutzebaugh.
STATE, VETERANS & MILITARY
A BILL FOR AN ACT
CONCERNING STRATEGIES FOR THE PROTECTION OF AIR QUALITY
IN CARBON MONOXIDE NONATTAINMENT AREAS UNDER THE STATE IMPLEMENTATION
PLAN, AND, IN CONNECTION THEREWITH, DIRECTING THE AIR QUALITY
CONTROL COMMISSION TO REQUIRE THE USE OF OXYGENATED FUELS ONLY
AS A CONTINGENT STRATEGY FOR SUCH AREAS THAT HAVE BEEN REDESIGNATED
AS ATTAINMENT AREAS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Allows the air quality control commission (commission)
to require the use of oxygenated fuels (oxyfuels) as a contingent
strategy for carbon monoxide nonattainment areas that have been
redesignated as attainment areas under the state implementation
plan (SIP) if the commission makes certain findings and if maintenance
of air quality cannot be demonstrated otherwise. States that,
if the use of oxyfuels is not necessary to maintain the federal
national ambient air quality standard in such areas, no federally
enforceable, mandated oxygenated fuels program shall constitute
or be included in an element of the SIP that relates to such areas
except as a contingent strategy.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 257117, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
257117. State implementation plan revisions of limited applicability prohibited elements in attainment areas. (3) (a) THE COMMISSION MAY ONLY REQUIRE THE USE OF OXYGENATED FUELS IN CARBON MONOXIDE NONATTAINMENT AREAS THAT HAVE BEEN REDESIGNATED AS ATTAINMENT AREAS UNDER THE STATE IMPLEMENTATION PLAN IF:
(I) THE COMMISSION MAKES A FINDING THAT THE USE OF OXYGENATED FUELS IS NECESSARY TO MAINTAIN THE FEDERAL NATIONAL AMBIENT AIR QUALITY STANDARD FOR CARBON MONOXIDE IN THE AREA;
(II) THE COMMISSION ESTABLISHES FOR SUCH AREA A MAXIMUM OXYGEN CONTENT REQUIREMENT THAT IS NO HIGHER THAN NECESSARY TO DEMONSTRATE MAINTENANCE OF THE FEDERAL NATIONAL AMBIENT AIR QUALITY STANDARD FOR CARBON MONOXIDE IN THE AREA;
(III) THE COMMISSION REQUIRES THE USE OF OXYGENATED FUELS ONLY FOR TIME PERIODS DURING WHICH, AND ONLY FOR AS LONG AS, SUCH USE IS NECESSARY TO DEMONSTRATE MAINTENANCE OF THE FEDERAL NATIONAL AMBIENT AIR QUALITY STANDARD FOR CARBON MONOXIDE IN THE AREA; AND
(b) IF THE USE OF OXYGENATED FUELS IS NOT NECESSARY TO MAINTAIN THE FEDERAL NATIONAL AMBIENT AIR QUALITY STANDARD FOR CARBON MONOXIDE IN AN AREA AS CONTEMPLATED IN PARAGRAPH (a) OF THIS SUBSECTION (3), THEN, PURSUANT TO SECTION 211(m)(6) OF THE FEDERAL ACT, NO FEDERALLY ENFORCEABLE, MANDATED OXYGENATED FUELS PROGRAM SHALL CONSTITUTE OR BE INCLUDED IN AN ELEMENT OF THE STATE IMPLEMENTATION PLAN THAT RELATES TO MAINTENANCE OF AIR QUALITY IN SUCH AREAS EXCEPT AS A CONTINGENT STRATEGY.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.