Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 22-0694.04 Jery Payne x2157
HOUSE BILL 22-1372
House Committees Senate Committees
State, Civic, Military, & Veterans Affairs
A BILL FOR AN ACT
C
ONCERNING AN EXEMPTION FROM AIR EMISSION LIMITS FOR THE USE101
OF A STATIONARY ENGINE TO SUPPORT CRITICAL102
INFRASTRUCTURE IN EMERGENCIES .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill authorizes the use of an emergency stationary engine if:
! The emergency stationary engine is providing electric
power to or mechanical work for military facilities or
facilities under the control of the United States department
of defense;
HOUSE
3rd Reading Unamended
April 29, 2022
HOUSE
Amended 2nd Reading
April 28, 2022
HOUSE SPONSORSHIP
Carver, Boesenecker, Catlin, Lindsay, Lynch, Michaelson Jenet, Ortiz, Pico, Ricks,
Sandridge, Soper, Valdez D., Van Beber, Will
SENATE SPONSORSHIP
Gardner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! The emergency stationary engine is in compliance with 40
CFR 60, subparts IIII and JJJJ, as in effect on January 1,
2022;
! The emergency stationary engine's air pollution control and
monitoring equipment is installed, operated, and
maintained in compliance with the manufacturer's
standards; and
! The emergency stationary engine is undergoing routine
maintenance or testing or providing primary electrical
power or mechanical work during an emergency situation
pursuant to 40 CFR 60 or 63, as in effect on January 1,
2022.
A person that operates an emergency stationary engine is required
to:
! Minimize the use of emergency stationary engines as much
as practicable, consistent with the health, safety, and
welfare of the people of Colorado;
! Report each emergency event that causes the engine to be
operated within the later of 48 hours after or noon on the
business day following the emergency event;
! Record information about each emergency event; and
! Submit compliance reports detailing the operation of the
engine, the reason for the operation, deviations, and
corrective actions.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-7-103, add (9.7)2
and (9.8) as follows:3
25-7-103. Definitions. As used in this article 7, unless the context4
otherwise requires:5
(9.7) "E
MERGENCY EVENT" MEANS A SITUATION ARISING FROM A6
SUDDEN AND REASONABLY UNFORESEEN NATURAL DISASTER OR OTHER7
UNFORESEEN EVENT, INCLUDING THE LOSS OF UTILITY SERVICE , THAT8
REQUIRES THE USE OF EMERGENCY STATIONARY ENGINES TO ALLEVIATE9
A THREAT TO HEALTH, SAFETY, AND WELFARE PURSUANT TO 40 CFR 60 OR10
63,
AS IN EFFECT ON JANUARY 1, 2022. A THREAT TO HEALTH, SAFETY,11
1372-2- AND WELFARE INCLUDES NATIONAL SECURITY THREATS .1
(9.8) "E
MERGENCY STATIONARY ENGINE " MEANS AN ENGINE THAT2
IS NOT MOBILE AND THAT IS USED TO PROVIDE ELECTRIC POWER TO OR3
MECHANICAL WORK FOR CRITICAL INFRASTRUCTURE DURING AN4
EMERGENCY EVENT.5
SECTION 2. In Colorado Revised Statutes, add 25-7-143 as6
follows:7
25-7-143. Emergency stationary engine exception - legislative8
declaration - rules. (1) (a) T
HE GENERAL ASSEMBLY HEREBY FINDS9
THAT:10
(I) T
HE UNITED STATES ARMED FORCES PROTECT THE UNITED11
S
TATES, INCLUDING THE PEOPLE OF COLORADO, FROM THREATS DOMESTIC12
AND ABROAD;13
(II) C
OLORADO IS HOME TO THE NORTH AMERICAN AEROSPACE14
DEFENSE COMMAND , U.S. STRATEGIC COMMAND, U.S. AIR FORCE SPACE15
COMMAND, AND U.S. NORTHERN COMMAND ;16
(III) T
HESE COMMAND AND MILITARY FACILITIES PLAY A CRITICAL17
ROLE IN AEROSPACE DEFENSE , INCLUDING DEFENSE AGAINST18
INTERCONTINENTAL BALLISTIC MISSILES AND WEAPONS OF MASS19
DESTRUCTION; AND20
(IV) R
EGULATIONS PROMULGATED UNDER THE FEDERAL ACT21
AUTHORIZE EMERGENCY STATIONARY ENGINES TO OPERATE DURING AN22
EMERGENCY EVENT.23
(b) T
HEREFORE, THE GENERAL ASSEMBLY HEREBY DECLARES24
THAT:25
(I) M
AINTAINING THE OPERATING CAPACITY OF COLORADO'S26
MILITARY FACILITIES IS CRITICAL TO PROTECTING THE HEALTH , SAFETY,27
1372
-3- AND WELFARE OF THE PEOPLE OF COLORADO;1
(II) A
LTHOUGH REGULATION OF EMISSIONS IS IMPORTANT TO THE2
HEALTH, SAFETY, AND WELFARE OF THE PEOPLE OF COLORADO, FAILURE3
TO MAINTAIN OPERATION AT ALL TIMES OF THESE CRITICAL FACILITIES4
DURING AN EMERGENCY
EVENT COULD LEAD TO SEVERE LOSS OF LIFE AND5
DEVASTATING ENVIRONMENTAL CONSEQUENCES IN COLORADO;6
(III) E
MERGENCY STATIONARY ENGINES ARE CRITICAL TO7
PROVIDING POWER AND OTHER SERVICES NECESSARY TO MAINTAIN THE8
OPERATION OF THESE MILITARY FACILITIES AT ALL TIMES ;
9
(IV) T
HIS SECTION IS SELF
EXECUTING; AND10
(V) CREATION OF AN EXEMPTION FOR EMERGENCY STATIONARY11
ENGINE USE AT MILITARY INSTALLATIONS REQUIRES A CHANGE TO12
COLORADO'S STATE IMPLEMENTATION PLAN, WHICH MUST BE APPROVED13
BY THE ADMINISTRATOR OF THE FEDERAL ENVIRONMENTAL PROTECTION14
AGENCY.15
(2) N
OTWITHSTANDING ANY REQUIREMENTS OR EMISSION LIMITS16
ESTABLISHED BY STATE STATUTE OR RULE , A PERSON MAY OPERATE AN17
EMERGENCY STATIONARY ENGINE , AS AUTHORIZED BY THE FEDERAL ACT,18
IF:19
(a) T
HE EMERGENCY STATIONARY ENGINE IS PROVIDING ELECTRIC20
POWER TO OR MECHANICAL WORK FOR MILITARY FACILITIES OR FACILITIES21
UNDER THE CONTROL OF THE UNITED STATES DEPARTMENT OF DEFENSE ;22
(b) T
HE EMERGENCY STATIONARY ENGINE IS IN COMPLIANCE WITH23
40
CFR 60, SUBPARTS IIII AND JJJJ, AS IN EFFECT ON JANUARY 1, 2022;24
(c) T
HE EMERGENCY STATIONARY ENGINE 'S AIR POLLUTION25
CONTROL AND MONITORING EQUIPMENT IS INSTALLED , OPERATED, AND26
MAINTAINED IN COMPLIANCE WITH THE MANUFACTURER 'S STANDARDS;27
1372
-4- AND1
(d) T
HE EMERGENCY STATIONARY ENGINE IS :2
(I) U
NDERGOING ROUTINE MAINTENANCE OR TESTING ; OR3
(II)
PROVIDING PRIMARY ELECTRICAL POWER OR MECHANICAL4
WORK DURING AN EMERGENCY EVENT PURSUANT TO 40 CFR 60 OR 63, AS5
IN EFFECT ON JANUARY 1, 2022, FOR THE DURATION OF THE EMERGENCY6
EVENT.7
(3) (a) A
PERSON THAT OPERATES AN EMERGENCY STATIONARY8
ENGINE
AT MILITARY FACILITIES OR FACILITIES UNDER THE CONTROL OF9
THE UNITED STATES DEPARTMENT OF DEFENSE SHALL :10
(I) M
INIMIZE THE USE OF EMERGENCY STATIONARY ENGINES AS11
MUCH AS PRACTICABLE, CONSISTENT WITH THE HEALTH , SAFETY, AND12
WELFARE OF THE PEOPLE OF COLORADO;13
(II) R
EPORT AN EMERGENCY EVENT TO THE DIVISION WITHIN THE14
LATER OF FORTY-EIGHT HOURS OR BY NOON ON THE NEXT BUSINESS DAY15
AFTER
COMMENCING OPERATION OF AN EMERGENCY STATIONARY ENGINE16
BECAUSE OF THE EMERGENCY EVENT ; AND17
(III) E
ACH TIME AN EMERGENCY STATIONARY ENGINE IS18
OPERATED, RECORD:19
(A) T
HAT THE EMERGENCY STATIONARY ENGINE WAS OPERATED ;20
(B) T
HE DATE THAT THE OPERATION BEGAN ;21
(C) T
HE DURATION OF THE OPERATION;22
(D) T
HE REASON FOR EACH OPERATION , INCLUDING AN23
EMERGENCY EVENT, MAINTENANCE, OR TESTING; AND24
(E) W
HETHER ANY ACTION WAS TAKEN TO
MITIGATE THE USE OF25
THE EMERGENCY STATIONARY ENGINE DURING THE EMERGENCY EVENT .26
(b) A
PERSON THAT INSTALLS AN EMERGENCY STATIONARY ENGINE27
1372
-5- SHALL RETAIN FOR FIVE YEARS AND MAKE AVAILABLE FOR INSPECTION THE1
INSTALLATION, MAINTENANCE, AND OPERATION RECORDS AND DATA OF2
THE EMERGENCY STATIONARY ENGINE , INCLUDING, AT A MINIMUM:3
(I) M
ONITORING RESULTS;4
(II) O
PERATION AND MAINTENANCE PROCEDURES ; AND5
(III) O
PERATION AND MAINTENANCE RECORDS .6
(4) A
PERSON THAT OPERATES AN EMERGENCY STATIONARY7
ENGINE
AT MILITARY FACILITIES OR FACILITIES UNDER THE CONTROL OF8
THE UNITED STATES DEPARTMENT OF DEFENSE SHALL SUBMIT A9
COMPLIANCE REPORT TO THE DIVISION ANNUALLY ON THE DATE THE10
PERSON REGULARLY SUBMITS REPORTS IN ACCORDANCE WITH ANY11
PERMITS HELD BY THE PERSON. EACH COMPLIANCE REPORT MUST INCLUDE12
THE FOLLOWING INFORMATION :13
(a) T
HE INSTALLATION NAME AND ADDRESS ;14
(b) T
HE DATE OF THE REPORT AND THE BEGINNING AND END DATES15
OF THE REPORTING PERIOD;16
(c) T
HE INFORMATION REQUIRED TO BE RECORDED IN SUBSECTION17
(3)(a)(III)
OF THIS SECTION;18
(d) A
NY ACTION TAKEN TO MINIMIZE THE OPERATION OF THE19
EMERGENCY STATIONARY ENGINE ; AND20
(e) A
STATEMENT BY THE REPORTING PERSON , INCLUDING THE21
PERSON'S NAME, TITLE, AND SIGNATURE, CERTIFYING THE ACCURACY OF22
THE REPORT.23
(5) C
OMPLIANCE WITH THIS SECTION IS A CONDITION OF EVERY AIR24
QUALITY PERMIT ISSUED OR RENEWED BY THE
DIVISION FOR EMERGENCY25
STATIONARY ENGINES FOR MILITARY FACILITIES OR FACILITIES UNDER THE26
CONTROL OF THE UNITED STATES DEPARTMENT OF DEFENSE .27
1372
-6- (6) (a) NO LATER THAN SEPTEMBER 1, 2022, THE GOVERNOR OR1
THE GOVERNOR'S DESIGNEE SHALL SUBMIT THIS SECTION TO THE2
ADMINISTRATOR FOR INCLUSION IN COLORADO'S STATE IMPLEMENTATION3
PLAN.4
(b) THIS SECTION WILL TAKE EFFECT ONLY IF THE ADMINISTRATOR5
APPROVES THIS SECTION'S INCLUSION IN THE STATE IMPLEMENTATION6
PLAN. THE DIVISION SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING7
OF THE DATE ON WHICH THE CONDITION SPECIFIED IN THIS SUBSECTION8
(6)(b) HAS OCCURRED BY E -MAILING THE NOTICE TO9
REVISOROFSTATUTES.GA@STATE.CO.US. THIS SECTION TAKES EFFECT ON10
THE EFFECTIVE DATE IDENTIFIED IN THE NOTICE THAT THE ADMINISTRATOR11
APPROVED THIS SECTION 'S INCLUSION IN COLORADO'S STATE12
IMPLEMENTATION PLAN OR, IF THE NOTICE DOES NOT SPECIFY THAT DATE,13
UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES . 14
(7) IF THE ADMINISTRATOR FAILS TO APPROVE INCLUSION OF THIS15
SECTION INTO COLORADO'S STATE IMPLEMENTATION PLAN BY SEPTEMBER16
1, 2025:17
(a) THIS SECTION IS REPEALED, EFFECTIVE OCTOBER 1, 2025; AND18
(b) THE GOVERNOR OR THE GOVERNOR'S DESIGNEE SHALL19
WITHDRAW THIS SECTION AS A STATE IMPLEMENTATION PLAN REVISION .20
SECTION 3. Safety clause. The general assembly hereby finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety.23
1372
-7-