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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0573.01 BWM HOUSE BILL 98­1322

STATE OF COLORADO

BY REPRESENTATIVE McPherson

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING EMISSION LIMITATIONS IN OPERATING PERMITS ISSUED TO STATIONARY SOURCES OF AIR POLLUTION UNDER THE "COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT".

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Requires the air quality control commission to review the list of pollutants required to be reported on air pollutant emission notices and to establish a process to de­list pollutants no longer deemed necessary to report as part of such notices for inventory purposes.

Specifies that calendar year emission limits in permits are needed for all permitted sources for criteria pollutants exceeding the permit thresholds. Prohibits short­term emission limits from being added to permits for modified existing sources that have no federally applicable requirement for short­term limits in the permits for those sources. Limits the circumstances under which short­term emission limits are needed in new source permits and specifies that such permits may only be enforced by the state and not federally enforceable.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 25­7­114.1, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

25­7­114.1. Air pollutant emission notices (APEN). (3.5) NO LATER THAN JANUARY 1, 1999, THE COMMISSION SHALL REVIEW THE LIST OF AIR POLLUTANTS PROMULGATED BY THE COMMISSION UNDER SUBSECTION (3) OF THIS SECTION. AS PART OF SUCH REVIEW, THE COMMISSION SHALL ESTABLISH A PROCESS TO DE­LIST THOSE POLLUTANTS NO LONGER DEEMED NECESSARY TO REPORT IN AIR POLLUTANT EMISSION NOTICES FOR INVENTORY PURPOSES.

SECTION 2.  25­7­114.3, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

25­7­114.3.  Operating permits required for emission of pollutants. (1.5) (a) THE GENERAL ASSEMBLY HEREBY DECLARES THAT SHORT­TERM EMISSION LIMITS SHALL NOT BE PLACED IN STATIONARY SOURCE AIR POLLUTION PERMITS UNLESS SPECIFICALLY REQUIRED BY A FEDERALLY APPLICABLE REQUIREMENT ADOPTED PURSUANT TO THE FEDERAL ACT.

(b)  ANNUAL CALENDAR YEAR EMISSION LIMITS SHALL BE REQUIRED IN PERMITS FOR ALL PERMITTED SOURCES FOR CRITERIA POLLUTANTS EXCEEDING PERMIT THRESHOLDS. SHORT­TERM EMISSION LIMITS SHALL NOT BE ADDED TO MODIFICATIONS OF EXISTING SOURCES THAT HAVE HAD NO SHORT­TERM LIMITS IN THEIR PERMITS UNLESS REQUIRED BY A FEDERALLY APPLICABLE REQUIREMENT OR UNLESS SPECIFIED IN A STATE­ONLY CONDITION.

(c)  SHORT­TERM EMISSION LIMITS SHALL BE REQUIRED IN NEW SOURCE PERMITS ONLY IF:

(I)  THE SOURCE THAT HAS APPLIED FOR A SYNTHETIC MINOR PERMIT SHOULD BE GRANTED THE LONGEST PRACTICALLY ENFORCEABLE EMISSION LIMIT FEASIBLE THAT IS REQUESTED BY THE SOURCE ; OR

(II)  THE SOURCE IS SUBJECT TO A SPECIFIC SHORT­TERM EMISSION STANDARD, SUCH AS A NEW SOURCE PERFORMANCE STANDARD, NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS, OR A SOURCE­SPECIFIC ELEMENT OF THE STATE IMPLEMENTATION PLAN THAT IS SPECIFICALLY REQUIRED BY AN APPLICABLE FEDERAL REQUIREMENT.

(d)  FOR CONSTRUCTION PERMITS ISSUED UNDER SECTION 25­7­114.2, THE DIVISION MAY IMPOSE A SHORT­TERM EMISSION LIMIT ONLY IF IT DEMONSTRATES THAT SUCH A LIMIT IS NECESSARY TO PROTECT A SPECIFIC SHORT­TERM NATIONAL AMBIENT AIR QUALITY STANDARD AT A SPECIFIC MONITORING SITE FOR COMPLIANCE WITH THE STATE IMPLEMENTATION PLAN. IN THAT CIRCUMSTANCE, THE DIVISION MAY PROPOSE IN A DRAFT CONSTRUCTION PERMIT THE LONGEST EMISSION LIMIT FEASIBLE. THE SOURCE MAY THEN DEMONSTRATE THAT THE SHORT­TERM EMISSION LIMIT IS NOT NECESSARY TO PROTECT A SPECIFIC NATIONAL AMBIENT AIR QUALITY STANDARD WITH REFINED MODELING, MONITORING, OR OTHER TECHNICAL MEANS OR TO DEMONSTRATE THAT A LONGER SHORT­TERM EMISSION LIMIT WOULD BE BOTH PROTECTIVE OF THE NATIONAL AMBIENT AIR QUALITY STANDARD AND ECONOMICALLY FEASIBLE FOR THE SOURCE.

SECTION 3.  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.