I.G.66.

Code of Colorado Regulations · Common Provisions Regulation

COMMON PROVISIONS REGULATION 5 CCR 1001-2

The Common Provisions Regulation (5 CCR 1001-2) contains definitions, a statement of intent, and general provisions applicable to all emission control regulations adopted by the Colorado Air Quality Control Commission, along with a general part, state-only civil penalties, and statements of basis, specific statutory authority and purpose. It covers definitions, general provisions, state-only civil penalty provisions, and statements of basis and statutory authority and purpose for the regulation.

I.A.

Emission control regulations adopted by the Air Quality Control Commission apply throughout Colorado unless otherwise stipulated. The definitions, statement of intent, and general provisions in this Common Provisions Regulation apply to all Commission emission control regulations unless otherwise stipulated. Copies of materials incorporated by reference are available for public inspection during regular business hours, or copies may be obtained at a reasonable cost from the Commission's Technical Secretary at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. The materials may also be available through the United States Government Printing Office, online at www.govinfo.gov. Materials incorporated by reference are those editions in existence as of the date of this regulation as promulgated or revised by the Commission, not any later amendments or editions.

I.B.

This provision cites the Colorado statutes that give the Air Quality Control Commission the legal authority to adopt, modify, and repeal air-pollution control regulations. C.R.S. § 25-7-109 directs the Commission to adopt regulations requiring effective practical air-pollution controls as promptly as possible; the general statutory authority for adopting standards, regulations, and programs is C.R.S. §§ 25-7-105 through 25-7-110, § 25-7-114, and § 25-7-117.

I.C.

This is the legislative declaration from Colorado's Air Pollution Prevention and Control Act (C.R.S. § 25-7-102), stating the General Assembly's intent behind the state's air quality laws. It declares that Colorado's policy is to achieve the maximum practical degree of air purity, attain and maintain the National Ambient Air Quality Standards, and prevent significant deterioration of air quality where it is already better than those standards. The state will require all available practical methods that are technologically feasible and economically reasonable to reduce, prevent, and control air pollution, and will maintain a cooperative program between state and local governments. The declaration also emphasizes that an accurate inventory of actual emissions from all sources is essential for identifying attainment and nonattainment areas, determining cost-effective regulatory strategies, and achieving a federally approved clean air program.

I.D.

This is a statement of intent that introduces the Commission's five overarching goals for all its air-quality regulations: protect human health, plant and animal life, property, and public welfare; preserve visibility and scenic values; require all practicable methods to reduce and control air pollution, potentially to the point emissions are no longer visible; prevent significant degradation of Colorado's air; prevent odors and other pollution that interfere with comfortable enjoyment of life; and focus the state's air-pollution control programs on priority problems.