| Notice Filed with SOS |
09/15/2006 |
| Rule |
ProposedRuleAttach2006-00874.rtf |
| Additional Information |
AddInfoAttach2006-00874.rtf |
| Statutory Authority |
Section C.R.S. 25-7-109(5), Sections 25-7-106 and 25-7-109, C.R.S., Sections 24-4-103 and 25-7-110, C.R.S. |
| Description of Subjects/Issues |
See attached Proposed Rule and attached Notice |
| Purpose/Objective of Rule |
Revisions to Section II.E., regarding upset conditions and malfunctions, were made to clarify the process by which a source must identify an upset or malfunction. The division has changed the term upset to malfunction for consistency with EPA policy.
In addition, the provision was revised to clarify that an affirmative defense is available to claims for violation of the Commissions? regulations for civil penalties in enforcement actions regarding excess emissions arising from upset conditions and malfunctions . The Commission does not interpret this to mean that every upset should be report |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
|
| Hearing Date |
12/14/2006 |
| Hearing Time |
08:00 AM |
| Hearing Location |
University of Colorado - WolfLaw Building, 2450 Kittredge Loop Road, Wittemeyer Courtroom, Boulder, CO 80309 |
| Contact Name |
Garry Kaufman |
| Contact Title |
Legal Administrator, Air Pollution Control Division |
| Contact Telephone |
303-692-3269 |
| Contact email |
garrison.kaufman@state.co.us |