HOUSE BILL 22-1244
BY REPRESENTATIVE(S) Kennedy and Gonzales-Gutierrez, Amabile,
Bacon, Benavidez, Bernett, Boesenecker, Caraveo, Cutter, Exum, Froelich,
Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, Michaelson Jenet,
Ricks, Sirota, Tipper, Titone, Valdez A., Weissman, Woodrow, Bird,
Herod, Garnett;
also SENATOR(S) Gonzales, Buckner, Danielson, Donovan, Ginal,
Hansen, Jaquez Lewis, Kolker, Lee, Moreno, Pettersen, Story, Winter,
Fenberg.
C
ONCERNING MEASURES TO INCREASE PUBLIC PROTECTION FROM TOXIC AIR
CONTAMINANTS
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) Public health, safety, and welfare are endangered by the emission
of toxic air contaminants into the ambient air;
(b) Coloradans are exposed to a multitude of toxic air contaminants
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. from numerous sources and background levels in the ambient air that may
act cumulatively to produce adverse impacts to public health, and these
impacts must be taken into account when regulating toxic air contaminants;
(c) The identification and regulation of toxic air contaminants
should utilize the best-available scientific evidence gathered from the
public, private industry, the scientific community, and global, federal, state,
and local agencies;
(d) Emissions of toxic air contaminants should be monitored and
controlled to levels that avoid, minimize, or mitigate harm to public health
and the environment; and
(e) While there are federal and state programs in Colorado to control
air pollutants subject to the national ambient air quality standards, there are
no federal or state programs in Colorado to establish health-based ambient
air quality standards for toxic air contaminants.
(2) The general assembly further finds and declares that it is the
policy of the state to:
(a) Prioritize and protect the health and well-being of all
Coloradans, with a particular focus on sensitive and vulnerable groups, such
as children, infants, fetuses, the elderly, people with disabilities, and people
in disproportionately impacted communities;
(b) Analyze public health risks from toxic air contaminant emissions
from sources based on verified science and reporting of emissions data,
including consideration of background levels in the ambient air;
(c) Consider regulations of toxic air contaminants in other states and
jurisdictions in developing state regulations;
(d) Use a science-based, consistent, and transparent process for
communicating and addressing risks from emissions of toxic air
contaminants; and
(e) Meaningfully reduce exposure to toxic air contaminant emissions
through state regulation.
PAGE 2-HOUSE BILL 22-1244 (3) The general assembly therefore declares that the state should
control and reduce the emissions of toxic air contaminants through the
identification of toxic air contaminants, the reporting of emissions data, and
the setting of protective health-based standards and effective emission
control regulations.
SECTION 2. In Colorado Revised Statutes, 25-7-103, amend (11)
introductory portion and (11)(a) as follows:
25-7-103. Definitions. As used in this article 7, unless the context
otherwise requires:
(11) "Emission control regulation" means and includes any standard
promulgated by regulation which
THAT is applicable to all air pollution
sources within a specified area and which THAT prohibits or establishes
permissible limits for specific types of emissions in such area; and also any
regulation which THAT by its terms is applicable to a specified type of
facility, process, or activity for the purpose of controlling the extent, degree,
or nature of pollution emitted from such type of facility, process, or activity;
any regulation adopted for the purpose of preventing or minimizing
emission of any air pollutant in potentially dangerous quantities; and also
any regulation that adopts any design, equipment, work practice, or operational standard. Emission control regulations shall not include standards which
THAT describe maximum ambient air concentrations of
specifically identified pollutants or which THAT describe varying degrees
of pollution of ambient air. Emission control regulations pertaining to
hazardous air pollutants, as defined in subsection (13) of this section,
AND
TOXIC AIR CONTAMINANTS DESIGNATED PURSUANT TO SECTION
25-7-109.5,
shall be consistent with the emission standards promulgated under section
112 of the federal act or section
SECTIONS 25-7-109.3 OR 25-7-109.5 in
reducing or preventing emissions of hazardous air pollutants, and may
include application of measures, processes, methods, systems, or
techniques, including, but not limited to, measures which
THAT:
(a) Reduce the volume of, or eliminate emissions of, such pollutants
through process changes,
EMISSIONS LIMITATIONS, CONTROL TECHNOLOGIES,
substitution of materials, or other modifications;
SECTION 3. In Colorado Revised Statutes, 25-7-109, amend (2)(c)
and (2)(h) as follows:
PAGE 3-HOUSE BILL 22-1244 25-7-109. Commission to promulgate emission control
regulations. (2) Such emission control regulations may include, but shall
not be limited to, regulations pertaining to:
(c) Sulfur oxides, sulfuric acids,
ORGANIC SULFIDES, hydrogen
sulfide, nitrogen oxides, carbon oxides, hydrocarbons, fluorides, and any
other chemical substance;
(h) Hazardous air pollutants
AND TOXIC AIR CONTAMINANTS , AS
DEFINED IN SECTION
25-7-109.5 (1)(i).
SECTION 4. In Colorado Revised Statutes, add 25-7-109.5 as
follows:
25-7-109.5. Toxic air contaminants - annual toxic emissions
reporting program - monitoring program - health-based standards -
emission control regulations - air toxics permitting program assessment
- rules - definitions. (1) Definitions. A
S USED IN THIS SECTION, UNLESS
THE CONTEXT OTHERWISE REQUIRES
:
(a) "A
DVERSE HEALTH EFFECTS" MEANS THE DETRIMENTAL HEALTH
EFFECTS FROM EXPOSURE TO EMISSIONS OF A TOXIC AIR CONTAMINANT
,
INCLUDING THE CUMULATIVE EFFECTS TO HEALTH FROM EXPOSURE TO THE
COMBINED AIR EMISSIONS OF THE TOXIC AIR CONTAMINANT FROM MULTIPLE
SOURCES
, WHETHER THE EMISSIONS ARE EMITTED ROUTINELY ,
INTERMITTENTLY, OR ACCIDENTALLY.
(b) "C
OMMUNITY-LED MONITORING PROGRAMS " MEANS AIR
MONITORING AND DATA COLLECTION
, CONCERNING CONCENTRATIONS OF
TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR
, CONDUCTED BY LOCAL
GOVERNMENTS
, NONGOVERNMENTAL ORGANIZATIONS , OR COMMUNITY
GROUPS THAT IS AT LEAST AS STRINGENT AS THE SECOND EDITION OF THE
FEDERAL ENVIRONMENTAL PROTECTION AGENCY
'S "COMPENDIUM OF
METHODS FROM THE DETERMINATION OF TOXIC ORGANIC COMPOUNDS IN
AMBIENT AIR".
(c) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
.
(d) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE
PAGE 4-HOUSE BILL 22-1244 MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).
(e) "H
EALTH-BASED STANDARDS" MEANS THE CHRONIC EXPOSURE
LIMITS FOR EACH PRIORITY TOXIC AIR CONTAMINANT REQUIRED TO PROTECT
THE PUBLIC FROM ADVERSE HEALTH EFFECTS OF THAT PRIORITY TOXIC AIR
CONTAMINANT
, ALLOWING FOR AN AMPLE MARGIN OF SAFETY, REPRESENTED
AS BENCHMARK NUMERICAL CONCENTRATIONS IN THE AMBIENT AIR
.
(f) "P
RIORITY TOXIC AIR CONTAMINANT" MEANS, AS DETERMINED BY
THE COMMISSION BY RULE UNDER SUBSECTION
(6)(a)(I) OF THIS SECTION, A
TOXIC AIR CONTAMINANT THAT MAY POSE A RISK OF HARM TO PUBLIC
HEALTH
.
(g) (I) "S
CIENTIFIC COMMUNITY" MEANS INDIVIDUALS WHO ARE
PROFESSIONALLY OR ACADEMICALLY ENGAGED IN SCIENTIFIC RESEARCH
ABOUT ADVERSE HEALTH EFFECTS FROM EXPOSURE TO TOXIC SUBSTANCES
AND HAVE EXPERTISE IN FIELDS THAT INCLUDE PATHOLOGY
, ONCOLOGY,
EPIDEMIOLOGY, OR TOXICOLOGY.
(II) "S
CIENTIFIC COMMUNITY" INCLUDES INDIVIDUALS WITH
EXPERIENCE IN THE FIELDS OF ATMOSPHERIC PHYSICS
, METEOROLOGY, OR
AMBIENT MONITORING OR EXPERIENCE ASSESSING THE IMPACTS OF
EMISSIONS OF TOXIC AIR CONTAMINANTS ON CONCENTRATIONS IN THE
AMBIENT AIR
.
(h) "S
YNTHETIC MINOR SOURCE " HAS THE MEANING SET FORTH IN
SECTION
25-7-114 (6).
(i) "T
OXIC AIR CONTAMINANT" MEANS:
(I) A
HAZARDOUS AIR POLLUTANT;
(II) A
COVERED AIR TOXIC, AS DEFINED IN SECTION 25-7-141 (2)(b);
OR
(III) ANY OTHER AIR POLLUTANT THAT THE COMMISSION DESIGNATES
AS A TOXIC AIR CONTAMINANT PURSUANT TO SUBSECTION
(3) OF THIS
SECTION
.
(2) Rules. (a) T
HE COMMISSION SHALL PROMULGATE RULES THAT
PAGE 5-HOUSE BILL 22-1244 ARE NECESSARY FOR THE PROPER IMPLEMENTATION AND ADMINISTRATION
OF THIS SECTION
.
(b) N
OTWITHSTANDING ANY LIMITATION IN THIS ARTICLE 7 TO THE
CONTRARY
, THE COMMISSION MAY ADOPT RULES UNDER THIS SECTION THAT
ARE MORE STRINGENT THAN THE CORRESPONDING REQUIREMENTS OF THE
FEDERAL ACT AND THE REGULATIONS ADOPTED PURSUANT TO THE FEDERAL
ACT
.
(3) Review of the list of toxic air contaminants - rules. (a) T
HE
DIVISION SHALL PUBLISH AN INITIAL LIST OF THE TOXIC AIR CONTAMINANTS
DESIGNATED PURSUANT TO SUBSECTIONS
(1)(i)(I) AND (1)(i)(II) OF THIS
SECTION BY
OCTOBER 1, 2022.
(b) B
EGINNING NO LATER THAN SEPTEMBER 30, 2030, AND EVERY
FIVE YEARS THEREAFTER
, OR MORE FREQUENTLY IF THE COMMISSION DEEMS
IT APPROPRIATE TO DO SO
, THE COMMISSION SHALL , PURSUANT TO
SUBSECTION
(1)(i)(III) OF THIS SECTION, REVIEW THE LIST OF TOXIC AIR
CONTAMINANTS AND DETERMINE WHETHER TO DESI GNATE ANY ADDITIONAL
AIR POLLUTANTS AS TOXIC AIR CONTAMINANTS
.
(c) T
HE COMMISSION MAY DETERMINE THAT AN EXPEDITED REVIEW
IS APPROPRIATE BASED ON A REQUEST OF ANY PERSON IF
, AS PART OF THE
REQUEST
, THE PERSON DEMONSTRATES TO THE COMMISSION 'S SATISFACTION
THAT NEW OR UPDATED SCIENTIFIC DATA RELATED TO THE ADVERSE EFFECTS
OF AN AIR POLLUTANT WARRANTS EXPEDITED CONSIDERATION FOR
DESIGNATION AS A TOXIC AIR CONTAMINANT
. IF THE COMMISSION
UNDERTAKES AN EXPEDITED CONSIDERATION OF AN AIR POLLUTANT FOR
DESIGNATION AS A TOXIC AIR CONTAMINANT
, THE COMMISSION'S NEXT
REVIEW OF ADDITIONAL AIR POLLUTANTS MUST TAKE PLACE NO LATER THAN
FIVE YEARS AFTER THE EXPEDITED CONSIDERATION
.
(d) I
N DETERMINING WHETHER ANY AIR POLLUTANT SHOULD BE
DESIGNATED BY THE COMMISSION AS A TOXIC AIR CONTAMINANT
, THE
COMMISSION SHALL CONSIDER
:
(I) I
NPUT FROM THE PUBLIC AND THE SCIENTIFIC COMMUNITY ;
(II) E
XISTING DATA CONCERNING EMISSIONS OF AIR POLLUTANTS ,
INCLUDING DATA REPORTED TO :
PAGE 6-HOUSE BILL 22-1244 (A) THE DIVISION CONCERNING THE EMISSIONS OF TOXIC AIR
POLLUTANTS
; AND
(B) THE FEDERAL TOXIC RELEASE INVENTORY PURSUANT TO 42
U.S.C.
SEC. 11023 OR PREPARED BY THE FEDERAL ENVIRONMENTAL
PROTECTION AGENCY
'S AIR TOXICS SCREENING ASSESSMENT
(AIRTOXSCREEN) PROGRAM;
(III) I
NFORMATION SUBMITTED TO THE COMMISSION ABOUT THE
TOXICITY OF AIR POLLUTANTS THAT IS PUBLICLY AVAILABLE AND
PEER
-REVIEWED RELATED TO:
(A) P
OTENCY;
(B) M
ODE OF ACTION;
(C) E
XPOSURE PATTERNS;
(D) A
DVERSE HEALTH EFFECTS; AND
(E) LEVELS OF EXPOSURE THAT MAY CAUSE OR CONTRIBUTE TO
ADVERSE HEALTH EFFECTS
, INCLUDING ADVERSE HEALTH EFFECTS ARISING
FROM DISPROPORTIONATELY HIGH EXPOSURE OF PARTICULARLY
VULNERABLE GROUPS
, INCLUDING DISPROPORTIONATELY IMPACTED
COMMUNITIES
, INFANTS, CHILDREN, FETUSES, THE ELDERLY, AND PEOPLE
WITH DISABILITIES
; AND
(IV) IDENTIFICATIONS OF AIR POLLUTANTS AS TOXIC AIR
CONTAMINANTS IN OTHER STATES
.
(4) Annual toxic emissions reporting program - study - rules.
(a) O
N OR BEFORE JUNE 30 OF EACH YEAR, BEGINNING ON JUNE 30, 2024,
ALL OWNERS AND OPERATORS OF SOURCES REQUIRED TO HAVE AN
OPERATING PERMIT PURSUANT TO SECTION
25-7-114.3 AND SYNTHETIC
MINOR SOURCES MUST SUBMIT AN ANNUAL TOXIC EMISSIONS REPORT TO THE
DIVISION THAT REPORTS THE AMOUNT OF EACH TOXIC AIR CONTAMINANT
EMITTED BY EACH SOURCE IN THE PRECEDING CALENDAR YEAR
, BEGINNING
WITH
JANUARY 1, 2023, TO DECEMBER 31, 2023. THE DIVISION SHALL MAKE
ANNUAL TOXIC EMISSIONS REPORTS SUBMITTED TO THE DIVISION PURSUANT
TO THIS SUBSECTION
(4)(a) AVAILABLE TO THE PUBLIC.
PAGE 7-HOUSE BILL 22-1244 (b) IF THERE IS A CHANGE OF OWNERSHIP OR CONTROL OF THE
STATIONARY SOURCE PRIOR TO
JUNE 30 OF THE YEAR THAT AN ANNUAL
TOXIC EMISSIONS REPORT MUST BE SUBMITTED
, THE OWNER OR OPERATOR
AS OF
JUNE 30 OF THAT YEAR IS RESPONSIBLE FOR SUBMITTING THE ANNUAL
TOXIC EMISSIONS REPORT REQUIRED UNDER SUBSECTION
(4)(a) OF THIS
SECTION
.
(c) (I) T
HE DIVISION SHALL CONDUCT A STUDY AND PREPARE A
REPORT THAT INCLUDES
:
(A) A
N ANALYSIS OF THE EXISTING REQUIREMENTS FOR REPORTING
TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY
;
(B) A
N ASSESSMENT OF THE AVAILABILITY AND QUALITY OF TOXIC
AIR CONTAMINANT DATA REPORTED TO THE DIVISION AND THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY
, WITH THE REPORTING DATA BROKEN
DOWN BY INDIVIDUAL TOXIC AIR CONTAMINANT
, GEOGRAPHIC AREA,
INDUSTRY SECTOR, AND WHETHER CATEGORIES OF STATIONARY SOURCES
REPORTING THE DATA ARE SOURCES REQUIRED TO HAVE AN OPERATING
PERMIT PURSUANT TO SECTION
25-7-114.3, SYNTHETIC MINOR SOURCES, OR
MINOR SOURCES
; AND
(C) AN IDENTIFICATION OF THE INFORMATIONAL GAPS IN THE
REPORTING OF TOXIC AIR CONTAMINANTS TO THE DIVISION AND THE
FEDERAL ENVIRONMENTAL PROTECTION AGENCY
.
(II) T
HE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
OPPORTUNITY TO COMMENT ON THE REPORT
. THE DIVISION SHALL ALSO
CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
STATIONARY SOURCES
. IN FINALIZING THE REPORT, THE DIVISION SHALL
INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM
THE PUBLIC
, DISPROPORTIONATELY IMPACTED COMMUNITIES , WORKERS AT
STATIONARY SOURCES
, AND THE SCIENTIFIC COMMUNITY AND IDENTIFY ANY
SIGNIFICANT CHANGES MADE TO THE REPORT BASED ON THOSE COMMENTS
.
N
O LATER THAN OCTOBER 1, 2024, THE DIVISION SHALL SUBMIT THE
FINALIZED REPORT TO THE COMMISSION
.
PAGE 8-HOUSE BILL 22-1244 (III) NO LATER THAN APRIL 30, 2025, THE COMMISSION SHALL,
BASED ON THE INFORMATIONAL GAPS IDENTIFIED IN THE REPORT , CONSIDER
THE ADOPTION OF RULES THAT ENSURE ANNUAL REPORTS ON TOXIC AIR
CONTAMINANTS ARE SUBMITTED TO THE DIVISION AND MAY REQUIRE
ADDITIONAL TYPES OF INFORMATION TO BE INCLUDED IN ANNUAL TOXIC
EMISSIONS REPORTS SUBMITTED TO THE DIVISION FOR OPERATIONS AND
EMISSIONS OCCURRING IN CALENDAR YEAR
2025 AND EACH CALENDAR YEAR
THEREAFTER
.
(d) T
HE COMMISSION MAY ESTABLISH BY RULE A DE MINIMIS LEVEL
OF EMISSIONS OF A TOXIC AIR CONTAMINANT BENEATH WHICH AN OWNER OR
OPERATOR IS NOT REQUIRED TO REPORT ON THE EMISSIONS OF THE TOXIC AIR
CONTAMINANT THROUGH AN ANNUAL TOXIC EMISSIONS REPORT SUBMITTED
PURSUANT TO SUBSECTION
(4)(a) OF THIS SECTION.
(5) Toxic air contaminant monitoring program - reporting -
rules. (a) B
EGINNING NO LATER THAN JANUARY 1, 2024, IN ADDITION TO
THE FENCELINE MONITORING PROGRAM ESTABLISHED UNDER SECTION
25-7-141 (5) AND THE COMMUNITY -BASED MONITORING PROGRAM
ESTABLISHED UNDER SECTION
25-7-141 (6), THE DIVISION SHALL DEVELOP
AND BEGIN TO CONDUCT A MONITORING PROGRAM TO DETERMINE THE
CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR OF THE
STATE
.
(b) T
HE PROGRAM SHALL INCLUDE THE INSTALLATION AND
OPERATION OF AT LEAST SIX MONITORING SITES COVERING BOTH URBAN AND
RURAL AREAS OF THE STATE
. THE DIVISION SHALL ENSURE THAT AT LEAST
THREE MONITORING SITES ARE INSTALLED AND OPERATING BY
JANUARY 1,
2024,
AND THAT AT LEAST THREE ADDITIONAL MONITORING SITES ARE
INSTALLED AND OPERATING BY
JULY 1, 2025. EACH MONITORING SITE MUST
HAVE THE ABILITY TO DETECT TRENDS IN CONCENTRATIONS OF VARIOUS
TOXIC AIR CONTAMINANTS IN THE AMBIENT AIR OVER TIME AT THE SITE
.
(c) A
T A MINIMUM, A MONITORING SITE MUST MEASURE THE
CONCENTRATIONS OF
:
(I) T
HE TOXIC AIR CONTAMINANTS IDENTIFIED IN SECTION 2.3 OF THE
FEDERAL ENVIRONMENTAL PROTECTION AGENCY
'S "NATIONAL AIR TOXICS
TRENDS STATION WORK PLAN TEMPLATE (REVISED APRIL 2019)". FOR THE
MEASUREMENT OF A TOXIC AIR CONTAMINANT SPECIFIED IN THIS
PAGE 9-HOUSE BILL 22-1244 SUBSECTION (5)(c)(I), THE MEASUREMENT MUST MEET THE REQUIRED
MINIMUM DETECTION LIMIT SPECIFIED FOR THE MEASURED AIR POLLUTANT
IN SECTION
3.1 OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY 'S
"NATIONAL AIR TOXICS TRENDS STATION WORK PLAN TEMPLATE (REVISED
APRIL 2019)" OR THE MOST RECENT VERSION.
(II) T
HE TOXIC AIR CONTAMINANTS IDENTIFIED IN TABLE 1.2-1 OF
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY
'S "TECHNICAL
ASSISTANCE DOCUMENT FOR THE NATIONAL AIR TOXICS TRENDS STATIONS
PROGRAM (REVISION 3)" FROM OCTOBER 2016 OR THE MOST RECENT
VERSION
. FOR THE MEASUREMENT OF A TOXIC AIR CONTAMINANT SPECIFIED
IN THIS SUBSECTION
(5)(c)(II) AND ALL OTHER TOXIC AIR CONTAMINANTS
MEASURED UNDER THE MONITORING PROGRAM
, THE DIVISION MUST SPECIFY
A METHOD DETECTION LIMIT FOR EACH TOXIC AIR CONTAMINANT PURSUANT
TO APPENDIX
B OF 40 CFR 136.
(d) I
N DETERMINING THE LOCATION OF ANY NEW MONITORING SITE ,
THE DIVISION SHALL:
(I) P
ROVIDE PUBLIC NOTICE AND HOLD AT LEAST TWO PUBLIC
MEETINGS WHERE MEMBERS OF THE PUBLIC HAVE AN OPPORTUNITY TO
COMMENT ON THE DIVISION
'S PROPOSED LOCATIONS FOR THE MONITORING
SITES
; AND
(II) GIVE PRIORITY TO LOCATIONS THAT ARE WITHIN A
DISPROPORTIONATELY IMPACTED COMMUNITY
.
(e) T
HE DIVISION MAY CHANGE THE LOCATION OF ANY MONITORING
SITE AFTER FOLLOWING THE PROCEDURE AND REQUIREMENTS SPECIFIED IN
SUBSECTION
(5)(d) OF THIS SECTION.
(f) N
O LATER THAN JULY 1, 2025, AND BY JULY 1 EACH YEAR
THEREAFTER
, THE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT
LEAST TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
OPPORTUNITY TO COMMENT ON THE MONITORING PROGRAM
. THE DIVISION
SHALL ALSO CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
DISPROPORTIONATELY IMPACTED COMMUNITIES ON THE MONITORING
PROGRAM
.
(g) (I) N
O LATER THAN OCTOBER 1, 2025, AND BY OCTOBER 1 EACH
PAGE 10-HOUSE BILL 22-1244 YEAR THEREAFTER, THE DIVISION SHALL PREPARE AN ANNUAL REPORT THAT
SUMMARIZES THE TOXIC AIR CONTAMINANT DATA COLLECTED BY THE
MONITORING SITES IN THE PREVIOUS CALENDAR YEAR
. THE DIVISION SHALL
INCLUDE IN THE REPORT A SUMMARY OF ANY COMMENTS RECEIVED FROM
THE PUBLIC
, DISPROPORTIONATELY IMPACTED COMMUNITIES , AND THE
SCIENTIFIC COMMUNITY DURING THE TWO PUBLIC MEETINGS HELD PURSUANT
TO SUBSECTION
(5)(f) OF THIS SECTION.
(II) O
NCE THE REPORT IS FINALIZED, THE DIVISION SHALL:
(A) P
OST THE REPORT ON THE DIVISION'S WEBSITE IN BOTH ENGLISH
AND
SPANISH; AND
(B) SUBMIT THE FINALIZED REPORT TO THE HEALTH AND HUMAN
SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND ENVIRONMENT
COMMITTEE OF THE HOUSE OF REPRESENTATIVES
, OR THEIR SUCCESSOR
COMMITTEES
. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
REQUIREMENT TO REPORT TO THE LEGISLATIVE COMMITTEES CONTINUES
INDEFINITELY
.
(h) T
HE DIVISION SHALL REPORT ON THE NEED FOR ANY ADDITIONAL
MONITORING SITES FOR THE MONITORING PROGRAM
, AND THE COSTS
ASSOCIATED WITH ADDITI ONAL MONITORING SITES
, TO THE HEALTH AND
HUMAN SERVICES COMMITTEE OF THE SENATE AND THE ENERGY AND
ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES
, OR THEIR
SUCCESSOR COMMITTEES
, DURING THE COMMITTEES' HEARINGS HELD PRIOR
TO THE
2027 REGULAR SESSION OF THE GENERAL ASSEMBLY UNDER THE
"STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF
TITLE
2.
(6) Health-based standards - rules. (a) T
HE COMMISSION SHALL
ADOPT RULES THAT
:
(I) N
O LATER THAN APRIL 30, 2025, IDENTIFY UP TO FIVE PRIORITY
TOXIC AIR CONTAMINANTS CONSIDERING
:
(A) E
XISTING DATA CONCERNING TOXIC AIR CONTAMINANTS
GATHERED THROUGH DIVISION MONITORING PROGRAMS
;
PAGE 11-HOUSE BILL 22-1244 (B) DATA REPORTED TO THE DIVISION CONCERNING EMISSIONS OF
TOXIC AIR POLLUTANTS
;
(C) D
ATA REPORTED TO THE FEDERAL TOXICS RELEASE INVENTORY
PURSUANT TO
42 U.S.C. SEC. 11023 AND DATA PREPARED BY THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY
'S AIR TOXICS SCREENING
ASSESSMENT
(AIRTOXSCREEN) PROGRAM;
(D) A
NY OTHER RELEVANT DATA SUBMITTED TO THE COMMISSION
DURING THE RULE
-MAKING PROCESS CONCERNING THE AMOUNT OF
EMISSIONS AND CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE
AMBIENT AIR OF THE STATE
, INCLUDING DATA COLLECTED THROUGH
COMMUNITY
-LED MONITORING PROGRAMS ; AND
(E) INPUT FROM THE SCIENTIFIC COMMUNITY ; AND
(II) NO LATER THAN APRIL 30, 2026, PROPOSE HEALTH-BASED
STANDARDS FOR PRIORITY TOXIC AIR CONTAMI NANTS FOR APPROVAL BY THE
GENERAL ASSEMBLY
.
(b) I
N DETERMINING THE HEALTH -BASED STANDARDS , THE
COMMISSION SHALL
:
(I) C
ONSIDER THE BEST AVAILABLE PEER -REVIEWED TOXICITY
VALUES REGARDING THE LEVELS OF EXPOSURE TO PRIORITY TOXIC AIR
CONTAMINANTS THAT MAY CAUSE OR CONTRIBUTE TO ADVERSE HEALTH
EFFECTS
;
(II) C
ONSIDER STANDARDS ADOPTED IN OTHER STATES TO REDUCE
OR LIMIT CONCENTRATIONS OF TOXIC AIR CONTAMINANTS IN THE AMBIENT
AIR
;
(III) C
ONSIDER THE EFFECTS OF EXPOSURE TO PRIORITY TOXIC AIR
CONTAMINANTS ON VULNERABLE GROUPS OF THE STATE
, INCLUDING
DISPROPORTIONATELY IMPACTED COMMUNITIES
, INFANTS, CHILDREN,
FETUSES, THE ELDERLY, AND PEOPLE WITH DISABILITIES;
(IV) C
ONSIDER BOTH CANCER -RELATED HEALTH RISKS AND
NON
-CANCER-RELATED HEALTH RISKS.
PAGE 12-HOUSE BILL 22-1244 (V) PROVIDE FOR A SUFFICIENT MARGIN OF SAFETY THAT ACCOUNTS
FOR THE VARIOUS EFFECTS THAT DIFFERENT POPULATIONS MAY EXPERIENCE
FROM EXPOSURE TO PRIORITY TOXIC AIR CONTAMINANTS
;
(VI) C
ONSULT WITH THE SCIENTIFIC COMMUNITY THROUGH HOLDING
AT LEAST ONE PUBLIC HEARING SPECIFICALLY FOR THIS CONSULTATION
; AND
(VII) IDENTIFY THE EXCESS CANCER AND NON -CANCER RISK LEVELS
FOR USE IN DETERMINING THE HEALTH
-BASED STANDARDS.
(c) B
EGINNING NO LATER THAN SEPTEMBER 30, 2029, AND AT LEAST
ONCE EVERY FIVE YEARS THEREAFTER
, THE COMMISSION SHALL:
(I) D
ETERMINE WHETHER TO IDENTIFY ANY ADDITIONAL PRIORITY
TOXIC AIR CONTAMINANTS CONSIDERING THE DATA DESCRIBED IN
SUBSECTION
(6)(a)(I) OF THIS SECTION;
(II) D
ETERMINE WHETHER TO INCLUDE ACUTE EXPOSURE LIMITS FOR
PRIORITY TOXIC AIR CONTAMINANTS IN THE DEFINITION OF HEALTH
-BASED
STANDARDS
;
(III) D
ETERMINE WHETHER TO REVISE THE EXCESS CANCER AND
NON
-CANCER RISK LEVELS FOR USE IN DETERMINING THE HEALTH -BASED
STANDARDS
;
(IV) R
EVIEW EXISTING HEALTH-BASED STANDARDS TO ENSURE THAT
THE STANDARDS SUFFICIENTLY PROTECT PUBLIC HEALTH
; AND
(V) DETERMINE WHETHER TO PROPOSE REVISIONS TO THE GENERAL
ASSEMBLY TO ANY EXISTING HEALTH
-BASED STANDARDS IN ACCORDANCE
WITH THE CONSIDERATIONS SET FORTH IN SUBSECTION
(6)(b) OF THIS
SECTION AND
, IF A DETERMINATION IS MADE TO REVISE ANY EXISTING
HEALTH
-BASED STANDARD, THE COMMISSION MUST , WITHIN TWELVE
MONTHS AFTER THE DETERMINATION
, ADOPT RULES TO THAT EFFECT.
(d) N
O MORE THAN TWELVE MONTHS AFTER THE COMMISSION MAKES
THE DETERMINATION PURSUANT TO SECTION
(6)(c)(I) OF THIS SECTION, THE
COMMISSION SHALL PROPOSE TO THE GENERAL ASSEMBLY HEALTH
-BASED
STANDARDS FOR ANY ADDITIONAL PRIORITY TOXIC AIR CONTAMINANTS IN
ACCORDANCE WITH SUBSECTION
(6)(b) OF THIS SECTION.
PAGE 13-HOUSE BILL 22-1244 (7) Emission control regulations - rules. (a) N O LATER THAN
APRIL 30, 2026, THE COMMISSION SHALL ADOPT EMISSION CONTROL
REGULATIONS TO REDUCE EMISSIONS OF EACH PRIORITY TOXIC AIR
CONTAMINANT AND PRIORITIZE REDUCTIONS IN DISPROPORTIONATELY
IMPACTED COMMUNITIES WITH MULTIPLE SOURCES OF EMISSIONS OF
PRIORITY TOXIC AIR CONTAMINANTS
.
(b) I
N DETERMINING THE EMISSION CONTROL REGULATIONS , THE
COMMISSION SHALL CONSIDER
:
(I) A
NY EMISSION CONTROL REGULATIONS ADOPTED FOR PRIORITY
TOXIC AIR CONTAMINANTS IN OTHER STATES OR BY THE FEDERAL
GOVERNMENT
;
(II) T
HE EMISSION LEVELS OF A PRIORITY TOXIC AIR CONTAMINANT
FROM DIFFERENT INDUSTRIES AND CATEGORIES OF SOURCES
, INCLUDING
SOURCES REQUIRED TO HAVE AN OPERATING PERMIT PURSUANT TO SECTION
25-7-114.3, SYNTHETIC MINOR SOURCES, AND MINOR SOURCES;
(III) T
HE DEGREE OF REDUCTION OF EACH PRIORITY TOXIC AIR
CONTAMINANT THAT IS ACHIEVABLE AND TECHNICALLY AND ECONOMICALLY
FEASIBLE
, TAKING INTO ACCOUNT ENERGY , ENVIRONMENTAL , AND
ECONOMIC IMPACTS AND OTHER COSTS PURSUANT TO THE REQUIREMENTS
DESCRIBED IN SECTION
25-7-110.8;
(IV) T
HE ABILITY OF EMISSION CONTROL REGULATIONS TO REDUCE
OR ELIMINATE THE EMISSIONS OF A PRIORITY TOXIC AIR CONTAMINANT
,
INCLUDING NON-EMITTING ALTERNATIVE PROCESSES AND CONTROL
TECHNOLOGIES
; AND
(V) THE AVAILABILITY, SUITABILITY, AND RELATIVE EFFICACY OF A
LESS HAZARDOUS SUBSTITUTE FOR A PRIORITY TOXIC AIR CONTAMINANT
.
(c) F
OR NEW EMISSION SOURCES OF PRIORITY TOXIC AIR
CONTAMINANTS
, THE COMMISSION SHALL ADOPT EMISSION CONTROL
REGULATIONS THAT ARE MORE STRINGENT THAN THOSE ADOPTED FOR
EXISTING EMISSION SOURCES OF PRIORITY TOXIC AIR CONTAMINANTS
. THE
COMMISSION MAY ALSO ADOPT AN EMISSIONS THRESHOLD BELOW WHICH
NEW EMISSION SOURCES SHALL NOT BE REQUIRED TO COMPLY WITH THE
MORE STRINGENT EMISSION CONTROL REGULATIONS
.
PAGE 14-HOUSE BILL 22-1244 (d) BEGINNING NO LATER THAN SEPTEMBER 30, 2030, AND AT LEAST
ONCE EVERY FIVE YEARS THEREAFTER
, THE COMMISSION SHALL:
(I) A
DOPT EMISSION CONTROL REGULATIONS FOR ANY ADDITIONAL
PRIORITY TOXIC AIR CONTAMINANTS IDENTIFIED BY THE COMMISSION IN
ACCORDANCE WITH SUBSECTION
(6)(c)(I) OF THIS SECTION; AND
(II) DETERMINE WHETHER TO REVISE THE EXISTING EMISSION
CONTROL REGULATIONS IN ACCORDANCE WITH THE CONSIDERATIONS SET
FORTH IN SUBSECTION
(7)(b) OF THIS SECTION.
(e) I
N REVIEWING AND APPROVING AIR POLLUTION PERMITS UNDER
SECTION
25-7-114.3, THE DIVISION SHALL INCLUDE ANY APPLICABLE
EMISSION CONTROL REGULATIONS IN THE PERMIT
.
(f) T
HE EMISSION CONTROL REGULATIONS ESTABLISHED UNDER THIS
SUBSECTION
(7) SHALL NOT APPLY TO ANY ELECTRIC GENERATING RESOURCE
LOCATED WITHIN THE STATE WITH A CLOSURE DATE NO LATER THAN
JANUARY 1, 2031, THAT HAS BEEN APPROVED BY EITHER THE PUBLIC
UTILITIES COMMISSION CREATED IN SECTION
40-2-101 (1) AS PART OF AN
ELECTRIC RESOURCE PLAN OR THE AIR POLLUTION CONTROL DIVISION AS
PART OF A CLEAN ENERGY PLAN
.
(8) Air pollution regulation for sources of toxic air contaminants
- assessment. (a) N
O LATER THAN DECEMBER 31, 2025, THE DIVISION
SHALL CONDUCT AN ASSESSMENT TO D ETERMINE THE NEEDS OF THE DIVISION
TO ADMINISTER AN AIR PERMITTING PROGRAM TO REGULATE NEW
, MODIFIED,
AND EXISTING STATIONARY SOURCES THAT EMIT LEVELS OF PRIORITY TOXIC
AIR CONTAMINANTS
, REFERRED TO IN THIS SUBSECTION (8) AS THE "AIR
TOXICS PERMITTING PROGRAM
".
(b) T
HE ASSESSMENT MUST:
(I) E
VALUATE AIR TOXICS PERMITTING PROGRAMS FOR NEW ,
MODIFIED, AND EXISTING STATIONARY SOURCES OF PRIORITY TOXIC AIR
CONTAMINANTS IN OTHER STATES AND ON TRIBAL LANDS
;
(II) E
VALUATE AND MAKE RECOMMENDATIONS REGARDING THE
SCOPE OF THE AIR TOXICS PERMITTING PROGRAM
, INCLUDING THE TYPES OF
PERMITS
, STATIONARY SOURCES, INDUSTRIES, AND GEOGRAPHIC AREAS OF
PAGE 15-HOUSE BILL 22-1244 THE STATE THAT WOULD BE IMPACTED BY THE PROGRAM ;
(III) I
DENTIFY PROCESSES AND REASONABLE TIMELINES FOR :
(A) T
HE NOTIFICATION TO ANY STATIONARY SOURCES THAT COULD
BE SUBJECT TO THE AIR TOXICS PERMITTING PROGRAM
;
(B) T
HE ASSESSMENT OF PUBLIC HEAL TH RISKS ASSOCIATED WITH A
STATIONARY SOURCE
'S EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS ;
AND
(C) THE ASSESSMENT AND IMPLEMENTATION OF STRATEGIES
DESIGNED TO REDUCE EMISSIONS OF PRIORITY TOXIC AIR CONTAMINANTS
FROM A STATIONARY SOURCE THROUGH PERMITTING
; AND
(IV) IDENTIFY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
THE IMPLEMENTATION OF AN AIR TOXICS PERMITTING PROGRAM FOR
EXISTING STATIONARY SOURCES AND POSSIBLE FUNDING MECHANISMS
.
(c) T
HE DIVISION SHALL PROVIDE PUBLIC NOTICE AND HOLD AT LEAST
TWO PUBLIC MEETINGS AT WHICH MEMBERS OF THE PUBLIC HAVE AN
OPPORTUNITY TO COMMENT ON THE ASSESSMENT
. THE DIVISION SHALL ALSO
CONDUCT OUTREACH TO AND SOLICIT FEEDBACK FROM
DISPROPORTIONATELY IMPACTED COMMUNITIES AND WORKERS AT
STATIONARY SOURCES ON THE ASSESSMENT
.
(d) I
N FINALIZING THE ASSESSMENT, THE DIVISION SHALL INCLUDE IN
THE ASSESSMENT A SUMMARY OF ANY COMMENTS RECEIVED FROM THE
PUBLIC
, WORKERS AT STATIONARY SOURCES , AND DISPROPORTIONATELY
IMPACTED COMMUNITIES AND IDENTIFY ANY SIGNIFICANT CHANGES MADE
TO THE ASSESSMENT BASED ON SUCH COMMENTS
.
(e) T
HE DIVISION SHALL REPORT ON THE ASSESSMENT AND PROVIDE
RECOMMENDATIONS TO THE HEALTH AND HUMAN SERVICES COMMITTEE OF
THE SENATE AND THE ENERGY AND ENVIRONMENT COMMITTEE OF THE
HOUSE OF REPRESENTATIVES
, OR THEIR SUCCESSOR COMMITTEES , DURING
THE COMMITTEES
' HEARINGS HELD PRIOR TO THE 2026 REGULAR SESSION OF
THE GENERAL ASSEMBLY UNDER THE
"STATE MEASUREMENT FOR
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
PAGE 16-HOUSE BILL 22-1244 SECTION 5. In Colorado Revised Statutes, 25-7-109.3, amend (1),
(2), (3)(a)(I), (4)(a)(I), and (4)(h)(III); and repeal (3)(b), (3)(b.1), (3)(f), and
(3)(g) as follows:
25-7-109.3. Colorado hazardous air pollutant control and
reduction program - rules - repeal. (1) The commission shall promulgate
appropriate regulations RULES pertaining to hazardous air pollutants as
defined in section 25-7-103 (13) which THAT are consistent with this
section,
SECTION 25-7-109.5, and the requirements of and emission
standards promulgated pursuant to section 112 of the federal act, including
any standard required to be imposed under section 112(r) of the federal act.
The commission shall monitor the progress and results of the risk studies
performed under section 112 of the federal act to show that Colorado's
hazardous air pollutant control and reduction program is consistent with
AT
LEAST AS PROTECTIVE AS
the national strategy.
(2) Except as provided in section 25-7-114.4 (5),
The commission
may only promulgate rules pertaining to hazardous air pollutants as defined
in section 25-7-103 (13) in accordance with this section, SECTION
25-7-109.5, AND SECTION 25-7-114.4. In order to minimize additional
regulatory and compliance costs to the state's economy, any program created
by the commission pursuant to this section must
MAY contain a provision
that exempts
FROM THE REQUIREMENTS OF THE PROGRAM those sources or
categories of sources that it determines to be of minor significance. from therequirements of the program. Consistent with the provisions of section
25-7-105.1, the commission shall authorize synthetic minor sources of
hazardous air pollutants by the issuance of construction permits or
prohibitory or other rules. Such permits or rules must only be as stringent
as necessary to establish synthetic minor status. The commission shall
expeditiously implement this subsection (2) to assure ENSURE that all
sources may be able to timely qualify as a synthetic minor source, thereby
avoiding the costs of the operating permit program.
(3) (a) (I) As soon as adequate scientific, technological, and
hazardous air pollutant emissions information is available, the commission
may promulgate regulations for the control of hazardous air pollutants,
INCLUDING utilizing Colorado GACT or Colorado MACT technology-based
emission reduction requirements, as defined in section 25-7-103 (6.7) and
(6.8).
PAGE 17-HOUSE BILL 22-1244 (b) This section shall only apply to sources emitting a hazardous air
pollutant identified in the list established or amended pursuant to subsection
(5) of this section which:
(I) Are not included in categories or subcategories of sources listed
or proposed to be listed by the environmental protection agency under
section 112 of the federal act and thus will not be required to comply with
GACT or MACT under the federal act, as defined in section 25-7-103
(12.1) and (16.5); or
(II) Are included in categories or subcategories of sources listed or
proposed to be listed under section 112 of the federal act and which have:
(A) Levels of emissions of hazardous air pollutants listed under
section 112 (b) of the federal act which are below thresholds established
under the federal act and thus will not be required to comply with GACT
and MACT under the federal act and as defined in section 25-7-103 (12.1)
and (16.5); except that this section shall not apply to a source included in a
category or subcategory for which a lesser quantity emission rate has been
proposed or adopted under section 112 of the federal act; or
(B) Hazardous air pollutant emissions above a threshold level of the
substance listed under subparagraph (II) of paragraph (a) and paragraph (b)
of subsection (5) of this section.
(b.1) The commission may recognize similarities among regulated
sources or apply, when appropriate, previous control requirements
established by the commission in making a determination about the need for
such regulation under this subsection (3). The commission shall also
consider fundamentally different factors between sources in making these
determinations.
(f) This section shall not apply to sources subject to national
emission standards for hazardous air pollutants (NESHAP) established by
the administrator pursuant to the federal act, but only for those emissions
for which a NESHAP is established.
(g) This section shall not impose requirements on sources included
in categories or subcategories of sources which are listed in section 112(n)
of the federal act which are inconsistent with the timing of studies or
PAGE 18-HOUSE BILL 22-1244 assessments conducted under or definitions set forth in section 112(n) of the
federal act.
(4) (a) (I) On or after the risk-based studies required under sections
112(k)(3), 112(o), and 112(f) of the federal act are completed and received
by the commission, The commission may adopt regulations RULES
pertaining to those sources identified as emitting hazardous air pollutants
regulated under this section, which may include additional emission
reduction requirements to address any residual risk of health effects with
respect to actual persons living in the vicinity of sources after installation
of technology-based controls. Imposition of such requirements may be made
PURSUANT TO SECTION 25-7-109.5 OR upon a determination by the
commission that operation of sources without health-based controls does
not or will not represent an inconsequential threat to public health.
Regulations
RULES as finally adopted pursuant to this subsection (4) may
apply on a source-specific basis.
(h) Temporary exceptional authority. (III) This paragraph (h)
shall remain effective only until such time as the commission acts pursuant
to its authority under paragraph (a) of this subsection (4) SUBSECTION (4)(h)
IS REPEALED, EFFECTIVE JULY 1, 2026.
SECTION 6. Appropriation. (1) For the 2022-23 state fiscal year,
$3,135,853 is appropriated to the department of public health and
environment. This appropriation is from the general fund. To implement
this act, the department may use this appropriation as follows:
(a) $1,792,791 for use by the air pollution control division for
program costs, which amount is based on an assumption that the division
will require an additional 13.1 FTE;
(b) $671,906 for use by the division of environmental health and
sustainability for the toxicology and environmental epidemiology unit,
which amount is based on an assumption that the division will require an
additional 4.0 FTE;
(c) $73,928 for the purchase of legal services; and
(d) $597,228 for the purchase of information technology services.
PAGE 19-HOUSE BILL 22-1244 (2) For the 2022-23 state fiscal year, $73,928 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection
(1)(c) of this section and is based on an assumption that the department of
law will require an additional 0.4 FTE. To implement this act, the
department of law may use this appropriation to provide legal services for
the department of public health and environment.
(3) For the 2022-23 state fiscal year, $597,228 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
public health and environment under subsection (1)(d) of this section. To
implement this act, the office may use this appropriation to provide
information technology services for the department of public health and
environment.
SECTION 7. Applicability. This act applies to conduct occurring
on or after the effective date of this act.
SECTION 8. Safety clause. The general assembly hereby finds,
PAGE 20-HOUSE BILL 22-1244 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 21-HOUSE BILL 22-1244