Colorado Capitol Report

Timeline for Considering New Changes to State Emissions Regulations Delayed Based on The Colorado Chamber Members’ Concerns

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State Policy News

Timeline for Considering New Changes to State Emissions Regulations Delayed Based on CACI Members’ Concerns

This week, CACI led a number of its members and other business interests in requesting a delay to the initiation of the formal rulemaking process regarding potential changes to Colorado’s Clean Air Act state implementation plan (SIP).  New rulemaking efforts will be required in Colorado to respond to U.S. EPA actions seeking the wholesale elimination of the startup, shutdown, and malfunction (SSM) affirmative defense provisions from SIPs nationwide, including in Colorado.  See this EPA website for more information.  The EPA’s notice is published in today’s Federal Register.

CACI is encouraged to learn that the Colorado Department of Public Health and Environment’s (CDPHE) Air Pollution Control Division (APCD) and the Air Quality Control Commission have already responded by removing the request for rulemaking hearing–that would have initiated the rulemaking process to change Colorado’s relevant regulations–from the Commission’s consent agenda for its June meeting next week.  The SSM SIP Call rulemaking has been rescheduled for an August 20th request for hearing and a November 19th hearing.

The SSM affirmative defense in Colorado’s Clean Air Act SIP currently provides Colorado businesses and industries important legal protections from the risk of costly penalties for excess emissions that result from SSM events that are unpredictable, unpreventable, and unavoidable, despite operators’ best efforts and regular maintenance.  CACI is appreciative of the APCD’s decision to delay the rulemaking and remains hopeful that the delay will provide the opportunity for meaningful collaboration among CACI and its membership, regulators, and other vested stakeholders to develop a response to the EPA that will substantively retain the existing protections of the SSM affirmative defense.

Click here to see the PowerPoint presentation by the Air Pollution Control Division at this week’s stakeholder meeting on these issues.

For more information, contact Dan O’Connell, CACI State Governmental Affairs Representative, at 303.866.9622.