First Regular Session
Sixty-second General Assembly
LLS NO. 99-0476.01 Duane Gall HOUSE BILL 99-1020
STATE OF COLORADO
BY REPRESENTATIVE Mitchell
HEALTH, ENVIRONMENT, WELFARE, & INSTITUTIONS
A BILL FOR AN ACT
101 CONCERNING THE PERIODIC REVISION OF EMISSION INVENTORIES FOR AIR
102 POLLUTANTS IN IDENTIFIED AREAS OF THE STATE.
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 (commission) in the
Colorado department of public health and environment to approve
updates to the emission inventories for criteria pollutants in designated
areas of this state by December 31, 2000, and triennially thereafter.
Declares that these periodic updates will improve the ability of
policymakers to make informed choices regarding air pollution control
strategies and measures. Directs the commission to base such updates on
data from the prior year as developed by the air pollution control division
(division) and to hold public hearings before approving such updates.
Calls for the use of air pollutant emission notices (APENs) to help
update the emission inventories. Imposes APEN requirements on certain
additional source categories, such as prescribed burning and unpaved road
emissions. Requires the cost of the updates to be funded through the use
of moneys in the AIR account and through APEN and emission fees.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Legislative declaration. The general assembly
3 finds, determines, and declares that it is in the best interests of the citizens
4 of this state that plans and decisions affecting air quality be based on the
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 most accurate and up-to-date information available concerning the
2 amount, nature, and sources of pollution. The emission inventories
3 maintained by the air pollution control division are an important part of
4 the informational background for such plans and decisions. Periodic
5 updates to such inventories will help avoid the adoption of misdirected air
6 quality control measures that may result in significant and unnecessary
7 costs and difficulty attaining or maintaining ambient air quality standards
8 or visibility goals.
9 SECTION 2. 25-7-105, Colorado Revised Statutes, is amended
10 BY THE ADDITION OF A NEW SUBSECTION to read:
11 25-7-105. Duties of commission. (17) (a) NOT LATER THAN
12 DECEMBER 31, 2000, AND NO LESS FREQUENTLY THAN TRIENNIALLY
13 THEREAFTER, THE COMMISSION SHALL APPROVE AN UPDATE TO THE
14 EMISSION INVENTORY OF ANY CRITERIA POLLUTANT, INCLUDING ANY
15 SURROGATE FOR THAT POLLUTANT, FOR EACH AREA OF THE STATE THAT:
16 (I) IS DESIGNATED AS ATTAINMENT OR NONATTAINMENT FOR THAT
17 POLLUTANT;
18 (II) HAS A MAINTENANCE PLAN IN PLACE FOR THAT POLLUTANT; OR
19 (III) HAS EXCEEDED A NATIONAL AMBIENT AIR QUALITY STANDARD
20 FOR THAT POLLUTANT IN ANY OF THE FIVE YEARS PRIOR TO THE YEAR IN
21 WHICH THE INVENTORY UPDATE IS TO BE APPROVED.
22 (b) BEFORE APPROVING AN INVENTORY UPDATE PURSUANT TO
23 PARAGRAPH (a) OF THIS SUBSECTION (17), THE COMMISSION SHALL HOLD
24 AT LEAST ONE PUBLIC HEARING CONCERNING SUCH UPDATE.
25 (c) THE CONTENT OF ANY PROPOSED INVENTORY UPDATE SHALL BE
26 DEVELOPED BY THE DIVISION BASED ON DATA FROM THE YEAR
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1 IMMEDIATELY PRECEDING THE YEAR IN WHICH THE HEARING ON THE
2 UPDATE IS HELD, OR, IF MORE RECENT DATA ARE AVAILABLE, ON THE DATA
3 FROM THE MOST RECENT CONTINUOUS TWELVE-MONTH PERIOD FOR WHICH
4 DATA ARE AVAILABLE.
5 (d) EACH INVENTORY UPDATE SHALL INCLUDE ALL OF THE
6 FOLLOWING:
7 (I) THE COMMISSION'S AND DIVISION'S BEST ESTIMATES OF
8 EMISSIONS FROM ALL SOURCES, INCLUDING, BUT NOT LIMITED TO:
9 (A) STATIONARY SOURCES;
10 (B) MOBILE SOURCES, INCLUDING BOTH MOBILE SOURCES
11 ASSOCIATED WITH PUBLIC ROADWAYS AND MOBILE SOURCES NOT
12 ASSOCIATED WITH PUBLIC ROADWAYS;
13 (C) AREA SOURCES;
14 (D) UNPAVED ROADS WITHIN AND NEAR CLASS I AREAS;
15 (E) PRESCRIBED BURNING SOURCES ON PUBLIC LANDS;
16 (F) FEDERAL, STATE, AND LOCAL LAND MANAGEMENT SOURCES;
17 (G) BIOGENIC SOURCES, INCLUDING EMISSIONS FROM NATURALLY
18 OCCURRING SOURCES; AND
19 (H) EMISSIONS NOT ORIGINATING IN THE AREA SUBJECT TO THE
20 INVENTORY, BUT IMPACTING AIR QUALITY IN SUCH AREA.
21 (II) A DETAILED STATEMENT OF THE BASIS FOR THE DATA
22 RELATING TO EACH TYPE OF SOURCE, THE LIMITATIONS OF SUCH DATA, AND
23 AN ESTIMATE OF THE ACCURACY OF SUCH DATA FOR PURPOSES OF THE
24 INVENTORY; AND
25 (III) A COMPARISON OF THE EMISSION INVENTORY DATA TO OTHER
26 AVAILABLE AIR POLLUTION DATA, INCLUDING, BUT NOT LIMITED TO, DATA
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1 DERIVED FROM DIRECT OBSERVATION METHODS SUCH AS AMBIENT
2 MONITORING AND VISIBILITY MEASUREMENTS, TOGETHER WITH AN
3 EXPLANATION OF ANY DISCREPANCIES.
4 (e) ANY EMISSION INVENTORY UPDATE COMPLETED OR APPROVED
5 AFTER JULY 1, 2000, SHALL COMPLY WITH THIS SUBSECTION (17).
6 (f) THE COSTS OF PREPARING THE INVENTORY UPDATES
7 CONTEMPLATED BY THIS SUBSECTION (17) SHALL BE FUNDED BY MONEYS
8 IN THE AIR ACCOUNT AND BY AIR POLLUTANT EMISSION NOTICE FEES AND
9 EMISSION FEES.
10 SECTION 3. The introductory portion to 25-7-114.1 (3),
11 Colorado Revised Statutes, is amended, and the said 25-7-114.1 (3) is
12 further amended BY THE ADDITION OF A NEW PARAGRAPH, to
13 read:
14 25-7-114.1. Air pollutant emission notices (APEN). (3) The
15 commission shall promulgate a list of air pollutants which THAT are
16 required to be reported in an air pollutant emission notice. Prior to the
17 commission's promulgation of such a list, of air pollutants to be reported
18 in an air pollutant emission notice, sources shall report any emissions of
19 the following which THAT are in excess of de minimis quantities:
20 (e) ANY POLLUTANT EMITTED OR CAUSED TO BE EMITTED BY:
21 (I) UNPAVED ROADS WITHIN AND NEAR CLASS I AREAS;
22 (II) PRESCRIBED BURNING SOURCES ON PUBLIC LANDS;
23 (III) FEDERAL, STATE, AND LOCAL LAND MANAGEMENT AGENCIES;
24 (IV) BIOGENIC SOURCES, INCLUDING EMISSIONS FROM NATURALLY
25 OCCURRING SOURCES SUCH AS WILDFIRES.
26 SECTION 4. Effective date. This act shall take effect July 1,
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1 1999.
2 SECTION 5. Safety clause. The general assembly hereby finds,
3 determines, and declares that this act is necessary for the immediate
4 preservation of the public peace, health, and safety.