Regulatory Updates

One of the Colorado Chamber’s goals in our Vision 2033 – A Blueprint for Colorado’s Future, is to expand our regulatory engagement.  Please see our most recent comprehensive regulatory report below; previous reports can be accessed here.

Colorado Chamber Responds to Recommendations to Update CDPHE’s EnviroScreen Tool: On August 16, the Colorado Chamber provided a comment letter generally in support of the recommended changes that CDPHE is making to the Colorado EnviroScreen tool. We did however, caution CDPHE and other State Agencies that use the tool to understand it’s limitations and the underlying data that supports it. Further, the tool should be used for screening and other considerations, but not as a boundary determinant for rules and compliance. A copy of the Chambers comment letter can be found here.

Colorado Chamber Comments on Energy Intensive Trade Exposed (EITE) Industry (GEMM 1) and GEMM 2 Trading Guidance: The Colorado Chamber provided a comment letter on the EITE GEMM 1 and GEMM 2 trading guidance on August 12. The Chamber once again requested a fee fund be established and cautioned CDPHE against pushing the market too early and also suggested that the Division address the relationship between, and timing of, when the GHG Emissions reduction occur and when the credit will be issued for reductions. We also suggested that the trading program relies heavily upon reduction technologies that are currently experiential and not generally known to be commercially available. A copy of that comment letter can be found here. CDPHE has reached out and the Chamber is scheduling a meeting with them. Please look for a pre-meeting invite from the Chamber to our GEMM list serv, and a follow up meeting with CDPHE’s Climate Change Unit, likely next week.

Air Toxics Update: The Colorado Legislature passed HB22-1244 on the last day of the 2021 legislative session which requires the Colorado Air Pollution Control Division (APCD) to undergo multiple efforts for Air Toxics. The first of which was to designate new Air Toxics Monitoring Stations which they have done and are in the process of setting up, among many other efforts for monitoring. The second objective was to set up a scientific panel to establish up to five priority air toxics. That work is currently underway and additional information can be found here. The latest presentation from July 26, outlined their metrics for choosing the five – presentation here. In addition, all Colorado permitted facilities had to report their air toxics in an inventory due June 30, and the Air Toxics Unit at CDPHE will be presenting this data to the Air Quality Control Commission in October. The Chamber has been approached by the Air Division regarding some risk based monitoring that they are considering conducting to establish de minimis (or minimum) reporting thresholds; however, they have asked for member feedback before going too far down this road. We will be convening a meeting soon to discuss this in more detail, please contact [email protected] if you would like to be included in those discussions. Presentation they provided can be found here.

Procedural Rule Notice of Rulemaking, November 21-22: The Air Pollution Control Division noticed a rulemaking to address the Colorado Air Quality Control Commissions Procedural Rules on August 15. The Rulemaking is scheduled for Hearing on November 21-22. The proposal expands the time from notice to rulemaking to four months and requires an official notice of the intent to file an Alternative Proposal. They have also proposed a number of changes on determinations of what constitutes an Alternative Proposal, put restrictions on the late submittal of substantive errata (only allowed if all parties and the Division agree). Perhaps the largest change is the removal of the submittal of Rebuttal statements in lieu of addressing these outstanding issues in oral testimony. The Chamber’s Air Quality Subcommittee discussed this in a July meeting and determined that the Chamber should file for Party Status in this Rulemaking. Information on the stakeholder process can be found here and the rule package can be found here and deadlines bulleted below. If you would like to obtain additional information and participate in those efforts, please email [email protected].

• Request for Party Status – September 12 – 5:00 pm
• Status Conference – September 16, 8:30 am
• Alternate Proposal – October 8, 5:00 pm
• Prehearing Statement – October 8, 5:00 pm
• Prehearing Conference – October 21, 1:00 pm
• Rebuttal Statement – October 29, 5:00 pm
• Written Public Comments – November 4, 5:00 pm
• Hearing – November 21-22 (public comment 20th 4:30 – 7:30 pm)

Class VI Wells Energy and Carbon Management Commission (ECMC) Proposed Regulation: On July 31, the Colorado ECMC and the Colorado Energy Office (CEO) issued a public notice following on three public meetings that they held in different locations across the State during the last week of July (meeting materials here). They are requesting public comment on the Class VI draft of the regulations, which can be found here. The rulemaking has been scheduled for the end of November; however, there is some possibility that it may be delayed due to EPA Review timing. This rulemaking will be required for the State of Colorado to appeal to the Environmental Protection Agency for primacy of Class VI wells. Class VI wells are required for Carbon Sequestration and are considered by the CEO and the Air Pollution Control Division to be a large part of Colorado’s emission reduction goals and programs. The Chamber would like to convene a virtual meeting on these regulations on August 29. If you would like to participate please email [email protected].

Regional Air Quality Counsel Control Strategy Committee – Mobile Source Inspection and Maintenance Programs and Indirect Source Programs: On August 19, the Colorado Regional Air Quality Counsel (RAQC) sent a notice of a meeting of their Control Strategies Committee, scheduled for August 21. They stated that they would cover updates on the APCD’s plans to modify regulations 11 and 12 for mobile source inspection and maintenance programs and provide an update on the status of their efforts on indirect source program development. They will also provide an update on their planning effort for the 2025 serious 70 ppb State Implementation Plan. You can find more information on the Control Strategy Committees efforts on the RAQC’s website here.

GHG Roadmap Meeting(s): Some of you may know, but the Colorado Chamber has a Greenhouse Gas 2.0 Roadmap 2.0 working group that is having monthly discussions on four key objectives around legislative and regulatory education and outreach, engagement on clean energy planning, agency engagement and uniformity across economic sectors on GHG reduction near term objectives. If you haven’t already joined us to participate, we would welcome you on the second Wednesday of each month from 1:00 – 2:30. Next month, Quinn Antus, the Emerging Markets, Carbon Management/Carbon Direct Recovery Program Manager at the Colorado Energy Office will be joining us to discuss Colorado’s Carbon Management Framework will join us. Please contact [email protected] if you would like to participate in these discussions.

View Previous Reports Here