(II) The commission may set thresholds of affected pollutants below which the requirements of this section do not apply.
(III) In adopting rules to implement this subsection (5), the commission shall identify disproportionately impacted communities.
(IV) The commission shall periodically, but not less often than every three years, revisit its identification of disproportionately impacted communities and determinations of affected pollutants.
(II) (A) The commission's rules must provide for enhanced modeling and monitoring requirements for new and modified sources of affected pollutants in disproportionately impacted communities that are identified or approved at the time of permit application. In adopting the rules, the commission shall also consider requiring enhanced monitoring for existing sources of affected pollutants.
(B) The commission's rules must identify the types of monitoring technology that can be used by the sources of affected pollutants and must allow for the use of alternative methods of monitoring as approved by the division.
Source: L. 92: Entire section added, p. 1205, § 18, effective July 1. L. 95: (4) added, p. 1342, § 3, effective July 1. L. 2021: (5) added, (HB 21-1266), ch. 411, p. 2732, § 8, effective July 2.
Editor's note: Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 2, 2021.
Cross references: For the short title ("Environmental Justice Act") and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
Structure Colorado Code
Title 25 - Public Health and Environment
Article 7 - Air Quality Control
Part 1 - Air Quality Control Program
§ 25-7-102. Legislative Declaration
§ 25-7-104. Air Quality Control Commission Created
§ 25-7-105. Duties of Commission - Rules - Legislative Declaration - Definitions
§ 25-7-105.1. Federal Enforceability
§ 25-7-106. Commission - Additional Authority
§ 25-7-106.3. Commission - Duties - Wood-Burning Stoves - Episodic No-Burn Days - Rules
§ 25-7-106.7. Regulations - Studies - Air Program Area
§ 25-7-107. Commission - Area Classification
§ 25-7-108. Commission to Promulgate Ambient Air Quality Standards
§ 25-7-109. Commission to Promulgate Emission Control Regulations
§ 25-7-109.1. Emergency Rule-Making
§ 25-7-109.3. Colorado Hazardous Air Pollutant Control and Reduction Program - Rules
§ 25-7-109.6. Accidental Release Prevention Program
§ 25-7-110. Commission - Procedures to Be Followed in Setting Standards and Regulations
§ 25-7-110.5. Required Analysis of Proposed Air Quality Rules
§ 25-7-110.8. Additional Requirements for Commission to Act Under Section 25-7-110.5
§ 25-7-111. Administration of Air Quality Control Programs - Directive - Prescribed Fire - Review
§ 25-7-112. Air Pollution Emergencies Endangering Public Health Anywhere in This State
§ 25-7-113. Air Pollution Emergencies Endangering Public Welfare Anywhere in This State
§ 25-7-114. Permit Program - Definitions
§ 25-7-114.1. Air Pollutant Emission Notices - Rules
§ 25-7-114.2. Construction Permits
§ 25-7-114.3. Operating Permits Required for Emission of Pollutants
§ 25-7-114.4. Permit Applications - Contents - Rules - Definitions
§ 25-7-114.5. Application Review - Public Participation
§ 25-7-114.6. Emission Notice - Fees
§ 25-7-114.7. Emission Fees - Fund - Rules - Definition - Repeal
§ 25-7-117. State Implementation Plan - Revisions of Limited Applicability
§ 25-7-118. Delayed Compliance Orders
§ 25-7-122. Civil Penalties - Rules - Definitions
§ 25-7-122.1. Criminal Penalties
§ 25-7-122.5. Enforcement of Chlorofluorocarbon Regulations
§ 25-7-122.6. Administrative and Judicial Stays
§ 25-7-123. Open Burning - Penalties
§ 25-7-123.1. Statute of Limitations - Penalty Assessment - Criteria
§ 25-7-124. Relationship With Federal Government, Regional Agencies, and Other States
§ 25-7-125. Organization Within Department of Public Health and Environment
§ 25-7-126. Application of Article
§ 25-7-127. Continuance of Existing Rules and Orders
§ 25-7-128. Local Government - Authority - Penalty
§ 25-7-129. Disposition of Fines - Community Impact Cash Fund - Repeal
§ 25-7-130. Motor Vehicle Emission Control Studies
§ 25-7-131. Training Programs - Emission Controls
§ 25-7-132. Emission Data - Public Availability
§ 25-7-135. Ozone Protection Fund Created
§ 25-7-139. Methyl Tertiary Butyl Ether - Prohibition - Phase-Out - Civil Penalty