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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number  2006-00874

CCR details

Tracking Number 2006-00874
Type of Filing Permanent Rule
Department 1000 Department of Public Health and Environment
Agency 1001 Air Quality Control Commission
CCR Number 5 CCR 1001-2

Proposed rule

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

Adopted rule

Adopted Rules AdoptedRules2006-00874.rtf
Redline Redline2006-00874.rtf
Adopted Date 12/15/2006
AGO requested date 01/03/2007
Attorney General Opinion 01/04/2007
Effective Date 03/04/2007
Inserted into CCR 01/30/2007