5 Colo. Code Regs. § 1001-29-C-I
This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the State Administrative Procedure Act, § 24-4-101, C.R.S., et seq., the Colorado Air Pollution Prevention and Control Act, § 25-7-101, C.R.S., et seq., and the Air Quality Control Commission's (Commission) Procedural Rules, 5 C.C.R. §1001-1.
Basis
To improve the readability and usability of Regulation Number 7 and Regulation Number 22, the Commission adopted revisions restructuring and reorganizing the parts and sections.
Specific Statutory Authority
The Colorado Air Pollution Prevention and Control Act, § 25-7-101, C.R.S., et seq. (the State Air Act or the Act), specifically §25-7-103.3, directs rule-making agencies, such as the Commission, to review their rules and consider whether the rule is necessary; whether the rule overlaps or duplicates other rules of the agency or with other federal, state, or local government rules; whether the rule is written in plain language and is easy to understand; whether the rule has achieved the desired intent and whether more or less regulation is necessary; whether the rule can be amended to give more flexibility, reduce regulatory burdens, or reduce unnecessary paperwork or steps while maintaining its benefits; whether the rule is implemented in an efficient and effective manner, including the requirements for the issuance of permits and licenses; whether a cost-benefit analysis was performed by the applicable rule-making agency; and whether the rule is adequate for the protection of the safety, health, and welfare of the state or its residents. Based on this review, the rule-making agency will determine whether the existing rules should be continued in their current form, amended, or repealed.
Purpose
The following section sets forth the Commission's purpose in adopting the revisions to Regulation Number 25.
The Commission reorganized Regulation Number 7 into four regulations: Part B became Regulation Number 24; Part C became Regulation Number 25; Part D remained in Regulation Number 7; and Part E became Regulation Number 26. The upstream oil and gas intensity and midstream combustion program provisions currently in Regulation Number 22 moved to Regulation Number 7. The manufacturing sector greenhouse gas provisions in Regulation Number 22 became a new Regulation Number 27.
To assist in tracking the history of the regulatory revisions, associated statements of basis and purpose, and restructured location, the Commission provides the following tracking table.
Year of rule adoption | Date of rule adoption | Summary of rule(s) adopted | Regulation 7 Section (pre-2019 numbering) | Regulation 7 Section (numbering as of 12.2022) | Rule & Section (as of 4.2023) |
1995 | Dec. 21 | Clarify substances that are negligibly reactive VOCs. | Section II.B. | Part A, Section II.B. | Regulations 7 and 24-26, Part A |
1996 | Mar. 21 | Revisions related to the maintenance demonstration. | Sections I.A.1. through I.A.4.; II.D.; II.E. | Part A, Sections I.A.1. through I.A.4.; II.D.; II.E. | Regulations 7 and 24-26, Part A |
1996 | Nov. 21 | Updated NRVOC list. Removed control of VOC emissions from dry cleaning facilities using perchloroethylene. | Section XII. | NA | NA |
1998 | Oct. 15 | Revisions specific to Gates Rubber Company. | Section II.F. | NA | Regulation 24-25, Part A |
2001 | Jan. 11 | Correct discrepancies in posted versus adopted provisions. | Sections III.C.; IX.L.2.c.(1); X.D.2. through XI.A.3. | Part B, Section I.; Part C, Section I.; Part C, Sections II. through III. | Regulation 24, Part B; Regulation 25, Part B (fkna Part C) |
2003 | Nov. 20 | Repealed provisions establishing a procedure for granting exemptions for de minimis sources and for approving alternative compliance plans. | Sections I.A.2. through I.A.4.; II.D.; II.E. | Part A, Sections I.A.1. through I.A.4.; II.D.; II.E. | Regulations 7 and 24-26, Part A |
2004 | Mar. 12 | Revisions adopted in conjunction with the early action compact ozone action plan- | Sections I.A.; I.B.; | Part A, Section I.A.; Part A, | Regulations 7 and 24-26, Part |
control of emissions from condensate operation at oil and gas facilities, emissions from internal combustion engines, emissions from gas processing plants, and emissions from oil and gas operations dehydrators. | XII.; XVI. | Section I.B.; Part D, Section I.; Part E, Section I. | A | ||
2004 | Dec. 16 | Revisions adopted in response to EPA comments (re practical enforceability) on the ozone action plan adopted 3/2004. | Sections I.A.; II.A.; XII.; XVI.; | Part A, Section I.A.; Part A, Section II.A.; Part D, Section I.; Part E, Section I. | Regulations 7 and 24-26, Part A |
2006 | Dec. 17 | Expanding oil and gas condensate tank emission controls. | Section XII. | Part D, Section I. | Regulation 7, Part B (fkna Part D) |
2006 | Dec. 17 | Reduce emissions from oil and gas operations and natural gas fired engines. | Sections I.A.1.b.; XVII. | Part A, Section I.A.; Part D., Section II. & Part E. Section I. (for engines) | Regulation 7, Part A and Part B (fkna Part D); Regulation 26, Part A and Part B (fkna Part E) |
2008 | Dec. 12 | Expand VOC RACT requirements for 100 tpy sources and clarify how RACT requirements in Regulation Numbers 3 and 7 interact in the ozone nonattainment area. Make typographical and formatting changes. Revise oil and gas condensate tank and pneumatic controller requirements. | Title; Sections I.; II.; VI. through XIII.; XVII.; XVIII.; and Appendices A through F | Part A, Section I.; Part A, Section II.; Part B, Sections IV. through VI. & Part C, Sections I. through IV. & Part D, Section I.; Part D, Section II. and Part E, Section I. (for engines); Part D, Section III.; Part A, Appendix A. & Part B, Appendices B and C & Part C, Appendices D and E (formerly Appendix F) | Regulation 24, Part B; Regulation 25, Part B (fkna Part C); Regulation 7, Part B (fkna Part D); Regulation 26, Part B (fkna Part E) |
2011 | Jan. 7 | Include engine requirements in the Regional Haze SIP. | Outline; Sections I.; XVII. | Part A, Section I.; Part E, Section I. | Regulation 26, Part B (fkna Part E) |
2012 | Dec. 20 | Address EPA comments on the June 2009 submittal. Revise state-only requirements for consistency. | Sections II.; XII.; XVII. | Part A, Section II.; Part D, Section I.; Part D, Section II. | Regulation 7, Part B (fkna Part D) |
2014 | Feb. 23 | Adopt additional oil and gas emission reduction requirements- auto-igniters, expand condensate tank controls, limit storage tank venting, expand dehydrator control, establish leak detection and repair program, limit venting during well maintenance and liquids unloading, expand pneumatic controller requirements. | Sections II.; XVII.; XVIII. | Part A, Section II.; Part D, Section II.; Part D, Section III. | Regulation 7, Part B (fkna Part D) |
2016 | Nov. 17 | Adopt RACT requirements for industrial cleaning solvents, lithographic and letterpress printing, and specific major sources. Including existing combustion device auto-igniter and storage tank inspection requirements in the SIP. Adopting major source combustion equipment combustion process adjustment requirements and incorporate by reference NSPS and NESHAP for specific major sources. | Sections I.; X.; XII.; XIII.; XVI.; XIX. | Part A, Section I.; Part C, Section II.; Part D, Section I.; Part C, Section IV.; Part C, Section V.; Part E, Section III. | Regulation 25, Part B (fkna Part C); Regulation 7, Part B (fkna Part D); Regulation 26, Part B (fkna Part E) |
2017 | Nov. 16 | Adopt provisions based on recommendations in EPA's Oil and Gas Control Techniques Guideline. Revise state-only requirements for consistency. | Sections II.; XII.; XVII.; XVIII. | Part A, Section II.; Part D, Section I.; Part D, Section II.; Part D, Section III. | Regulation 7, Part B (fkna Part D) |
2018 | July 19 | Adopt requirements for existing major source boilers, turbines, lightweight aggregate kilns, glass melting furnaces, engines. | Sections XVI.; XIX. | Part E, Section II., Part E, Section III. | Regulation 26, Part B (fkna Part E) |
2018 | Nov. 15 | Adopt requirements for major source breweries and wood furniture manufacturing. Address EPA concerns with requirements for industrial cleaning solvents, metal furniture surface coating, and miscellaneous metal surface coating. Updated incorporation by reference dates. | Sections I.; II.; VI.; VIII.; IX.; X.; XII.; XIII.; XVI.; XVII.; XIX.; XX.; XXI. | Part A, Section I.; Part A, Section II.; Part B, Section IV; Part B, Section VI.; Part C, Section I.; Part C, Section X.; Part D, Section I.; Part C, Section IV.; Part C, Section V.; Part D, Section II.; Part E, Section III.; Part E, Section IV. Part F | Regulation 24, Part B; Regulation 25, Part B (fkna Part C); Regulation 7, Part B (fkna Part D); Regulation 26, Part B (fkna Part E); Regulation 23 (fkna Part F) |
2019 | Dec. 19 | Reorganized into Parts A through F. Replaced the SIP system-wide condensate tank control program with a fixed threshold storage tank control program. Increased state-only, state-wide storage tank controls. Adopted oil and gas storage tank measurement system, hydrocarbon liquids loadout, leak detection and repair, well plugging, and pneumatic controller requirements. Adopted an oil and gas transmission and storage segment methane intensity program. Adopted an annual oil and gas inventory program. Expanded SIP requirements to 50 tpy sources. Aligned gasoline tank truck testing requirements with federal requirements as SIP clean-up. | Sections I. through XX. and Appendices A through F | (see reorganization cross walk) | |
2020 | Sept. 23 | Adopted requirements for natural gas fired 1,000 horsepower engines. Adopted flowback vessel control requirements and pre- and early-production monitoring requirements. Expanded hydrocarbon liquids loadout requirements to class II disposal well facilities. | Part D, Sections II.; IV.; V.; VI.; Part E, Section I. | Regulation 7, Part B (fkna Part D); Regulation 26, Part B (fkna Part E) | |
2020 | Dec. 18 | Adopted requirements for major source foam manufacturing, boilers, turbines, landfill and biogas fired engines, and wood surface coating. | Part D, Section II.; Part E, Sections II.; IV.; V. | Regulation 7, Part B (fkna Part D); Regulation 26, Part B (fkna Part E) | |
2021 | Feb. 18 | Adopted non-emitting pneumatic controller requirements for new facilities and existing pneumatic controller retrofit requirements for existing facilities. | Part D, Section III. | Regulation 7, Part B (fkna Part D) | |
2021 | July 16 | Adopted requirements for metal parts surface coating and major source process heaters. | Part C, Section I.; Part D, Section III.; Part E, Section II. | Regulation 25, Part B (fkna Part C); Regulation 7, Part B (fkna Part D); Regulation 26, Part B (fkna Part E) | |
2021 | Dec. 17 | Adopted SIP revisions to address EPA concerns with the EPA Oil and Gas CTG. Adopted oil and gas combustion device performance testing requirements. Expanded reciprocating compressor rod packing, leak detection and repair, and pneumatic controller requirements at natural gas processing plants. Expanded leak detection and repair, separator, and well maintenance requirements. Adopted pigging and blowdown requirements. | Part D, Sections I., II., III., V., VI. | Regulation 7, Part B (fkna Part D) | |
2022 | Dec. 15 | Adopted requirements for major source combustion equipment, wood coating, solvent use, bakery operation, digital printing, poultry waste processing, oil stabilization facilities, class II injection well facilities, and industrial waste; included state only provisions as SIP strengthening measures; clarified the applicability of requirements to newly classified ozone nonattainment areas; included requirements for motor vehicle materials and automotive coatings; expanded gasoline tank truck testing requirements. | Part E, Sections I., II., III., VI., VII., and VIII., Part C., Sections I., II., and IV., and Part D, Section II.; Part D, Sections II.,; Part A, Sections I. and II.; Part C, Section I.; and Part B, Section IV. | Regulation 24, Part B (fkna Part B); Regulation 25, Part B (fkna Part C); Regulation 7, Part B (fkna Part D); Regulation 26, Part B (fkna Part E) |
The Commission also made typographical, grammatical, and formatting corrections throughout the regulations.
Incorporation by Reference
The Commission will update regulatory references as needed as opportunities arrive.
Additional Considerations
These revisions are administrative in nature and, therefore, do not exceed or differ from the requirement of the federal act or rules. Therefore, § 25-7-110.5(5)(a) does not apply.
Findings of Fact
To the extent that § 25-7-110.8, C.R.S., requirements apply to this rulemaking, and after considering all the information in the record, the Commission hereby makes the determination that:
5 CCR 1001-29-C-I