The Colorado Chamber participated last week in the Air Quality Control Commissions Procedural Rules. The Chamber generally supported the rules as drafted by Air Division staff but testified in favor of a joint consensus motion for appealing scope determinations and supported many of the positions of a Joint Industry Working Group around the pre-petition process, submission for final redlines after the rules and urged the Commission for flexibility in the requirement to use Templates.
The Chamber’s rebuttal testimony was influential in convincing the Commission to modify the order of testimony to have the Air Division staff and/or Proponent of any alternative proposal to go first on rebuttal and always allowing CDPHE’s division staff up to 10 minutes of Surrebuttal to “have the last word”. The chamber and other parties were also successful in convincing the Commission Despite having unanimous support from rulemaking parties the proposal on Joint Appeals was not fully adopted by the Commission. Parties also agreed jointly to a process to submit final redlines which will also be adopted by the Commission. At the end of the day, the Commission staff are taking back several small revisions to the Divisions proposal for adoption at the next hearing of the Commission in January. A final action memo and redline highlight can be found here. Special thanks to Julie Rosen and John Jacus for their support in this rulemaking.