Regulatory Updates
Regulatory Affairs Council Overview
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.
The Colorado Chamber’s Regulatory Council provides expertise in the areas of Colorado rulemaking and implementation. While not limited to environmental matters, they will be a heavy focus of the Council. The Council meets monthly throughout the entire calendar year and may generate working groups for specific Chamber rule or implementation engagement that may meet on an as-needed basis. To ensure that regulation and rule implementation does not unfairly increase the costs of doing business or make it burdensome for regulated businesses to function, the council works closely with state regulatory agencies and the executive branch, as appropriate.
Regulatory Affairs Council Meeting Schedule
All meetings are held via Zoom on Monday afternoons from 2:00 to 3:00 Mountain Time unless specifically stated otherwise below. Please contact Dave Kulmann [email protected] for meeting link details.
- October 26, 2026 (1:45pm-3:45pm)
- November 16, 2026
- December 14, 2026
- January 25, 2027
- February 22, 2027
- March 29, 2027
- April 26, 2027
- May 24, 2027
- June 28, 2027
- July 26, 2027
- August 30, 2027
- September 27, 2027
- October 25, 2027
- November 29, 2027
- December 13, 2027
Significant Council Updates (Updated October 16, 2026)
Air Quality Control Commission Emissions Reporting and Fee Rulemaking
On October 15, 2026, the Air Quality Control Commission (“AQCC”) approved the Air Pollution Control Division’s (“APCD”) request for a roughly $7 million fee increase and scheduled the rulemaking hearing for February 2027. These fees will become effective on April 14, 2027.
Potential fees to increase include:
- Increases to greenhouse gas fees.
- Extension of current ERN filing fees to additional sources.
- Increases to Titel V permit processing fees.
- Adopt a new fee on exemption applications (XA and XP).
The proposed rulemaking will also update some emissions reporting requirements. Of significant note, the changes would now require Air Pollutant Emission Notices (“APEN”) for emergency and backup generators at data centers in Colorado.
The APCD has indicated they will schedule bi-weekly meetings with the regulated community during the rulemaking process. More information on the APCD’s rulemaking proposal can be found HERE.
The Colorado Chamber will discuss this at our October 26, 2027 Council meeting to discuss next steps and engagement strategy.
Regional Air Quality Council BluePrint Control Strategies
The Colorado Chamber continues to engage with the Regional Air Quality Council (RAQC) throughout the development of its Control Strategy Blueprint. To date, the Chamber has submitted three sets of written comments: one focused specifically on indirect source control strategies and two addressing the Blueprint’s proposed strategies more broadly. The Chamber also provided oral comments at the September 11, 2026, RAQC Board meeting and plans to provide additional comments at the November 6, 2026, meeting.
On September 29, 2026, the RAQC released its latest draft of the Control Strategy Blueprint, which was discussed at the RAQC’s October retreat. By the October 16, 2026, comment deadline, the Colorado Chamber will resubmit its previously submitted comments to ensure the RAQC Board continues to consider the Chamber’s concerns and recommendations as it finalizes the Blueprint.
According to the RAQC’s schedule, the final draft is expected to be released on October 30, 2026, for Board consideration. The Board will consider whether to endorse the Blueprint at its November 6, 2026, meeting. The Chamber will review the latest draft and determine any appropriate follow-up actions to represent the interests of its members.
Colorado’s Nonattainment Area Issues
The Colorado Chamber continues to monitor and engage with both the State and EPA regarding how best to address ozone non-attainment area realities. We understand this is potentially a huge issue for many of our members for the following reasons:
- Assessment of penalty fees for major stationary sources will begin in 2028 if failure to attain continues.
- Additional costly control strategies that would need to be implemented.
- Worsening permitting issues throughout the nonattainment area.
The Colorado Chamber will be advocating for pragmatic solutions that include the following:
- Evaluate and pursue legally available Section 179B and exceptional events relief.
- Require an evidence-based assessment of additional controls.
- Account for cumulative costs.
- Restore timely permitting and account for administrative capacity.
- Prioritize feasible, cost-effective improvements.