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394BB144C8679E6C87258638006DAB6C Hearing Summary




PUBLIC
BILL SUMMARY For RULES OF THE AIR QUALITY CONTROL COMMISSION, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, CONCERNING STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE REQUIREMENTS

JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date Dec 8, 2020      
Location Old State Library



Rules of the Air Quality Control Commission, Department of Public Health and Environment, concerning Stationary Source Permitting and Air Pollutant Emission Notice Requirements - Rule was not extended

12:57:56 PM  

Thomas Morris, Office of Legislative Legal Services, testified before the Committee. Mr. Morris presented the Office's rule memorandum concerning the contested rule issue of the Air Quality Control Commission concerning stationary source permitting and air pollutant emission notice requirements. Mr. Morris discussed the statute that prohibits air pollutants until an air pollutant emission notice (APEN) has been filed and that there is a statutory conflict because there is no statute that allows for a delayed deadline for filing an APEN, which conflicts with the rule promulgated by the department. Mr. Morris noted that, although the rule memorandum requested that both rule II.A.1. and rule II.A.2.a not be extended, the Office noted that rule II.A.1 includes only a cross reference to rule II.A.2.a. and therefore does not directly conflict with the statute.



01:09:14 PM
Motion I move to extend Rule II.A.2.a. of the rules of the Air Quality Control Commission and ask for a no vote
Moved Weissman
Seconded Fields
Fields No
Foote No
Lundeen Yes
Rodriguez No
Snyder No
Soper No
Van Winkle Yes
Weissman No
Gardner Yes
Herod No
YES: 3   NO: 7   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
01:09:15 PM  

Robyn Wille, Chief Strategy Officer, Air Pollution Control Division, Colorado Department of Public Health and Environment, testified before the Committee. Ms. Wille stated that the Department does not contest the nonextension of Rule II.A.2.a, but asked that Rule II.A.1 be extended because it is the fundamental requirement in the state that all air pollution sources submit an APEN.






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