Department of public health and environment




НазваниеDepartment of public health and environment
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Authority

Sections 25-7-105(l)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.R. Statement of Basis, Specific Statutory Authority and Purpose June 19,2003

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Parts 61 and 63 into Regulation No. 8, Parts A and E.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of Federal regulations incorporated by reference.

Prior to the 1990 Clean Air Act Amendments, section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards (40 C.F.R. Part 61). However, the 1990 Clean Air Act Amendments established Title III that amended section 112 of the Clean Air Act to provide EPA with the authority to establish national technology- based standards (40 C.F.R. Part 63) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following current 40 C.F.R. Part 61 NESHAPs for Emissions of Radionuclides Other than Radon From Department of Energy Facilities and Benzene Waste Operations. In addition, the EPA has promulgated revisions to the following current 40 C.F.R. Part 63 standards for: Generic Maximum Achievable Control Technology, Hazardous Waste Combustors, Portland Cement Manufacturing, Pesticide Active Ingredient Production, Secondary Aluminum Production, and Publicly Owned Treatment Works. The EPA has also promulgated the following new 40 C.F.R, Part 63 standards for: Municipal Solid Waste Landfills, Paper and Other Web Coating, and Friction Materials Manufacturing Facilities. The State of Colorado is required under section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Parts 61 and 63 will make these revisions enforceable under Colorado law.

VI.S. December 18,2003

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Part 63 into Regulation No. 8, Part E.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of Federal regulations incorporated by reference.

Prior to the 1990 Clean Air Act Amendments, Section 112 of the Clean Air Act was enacted to help reduce the levels of air toxics emissions nationwide; EPA was given the authority to promulgate national health-based standards (40 C.F.R. Part 61). However, the 1990 Clean Air Act Amendments established Title III that amended Section 112 of the Clean Air Act to provide EPA with the authority to establish national technology- based standards (40 C.F.R. Part 63) to reduce the emission of hazardous air pollutants (HAPs) from sources that emit such pollutants. Both Parts 61 and 63 standards are called National Emission Standards for Hazardous Air Pollutants (NESHAPs). However, the Part 63 standards have also been called Maximum Achievable Control Technology (MACT) standards.

Basis

The EPA has promulgated revisions to the following current 40 C.F.R. Part 63 standards for: General Provisions; Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry and Other Processes Subject to the Negotiated Regulation for Equipment Leaks; Coke Oven Batteries; Perchloroethylene Dry Cleaning Facilities; Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; Ethylene Oxide Commercial Sterilization and Fumigation Operations; Industrial Process Cooling Towers; Gasoline Distribution (Stage 1); Pulp and Paper Production; Halogenated Solvent Cleaning; Group I Polymers and Resins; Group II Polymers and Resins; Secondary Lead Smelting; Phosphoric Acid Manufacturing; Phosphate Fertilizers Production; Petroleum Refineries; Offsite Waste and Recovery Operations; Magnetic Tape Manufacturing; Aerospace Manufacturing and Rework Facilities; Oil and Natural Gas Production; Shipbuilding and Ship Repair; Wood Furniture Manufacturing Operations; Printing and Publishing Industry; Primary Aluminum Reduction Plants; Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-alone Semichemical Pulp Mills; Tanks (Level 1); Containers; Surface Impoundments; Individual Drain Systems; Oil-Water Separators and Organic-water Separators; Steel Pickling - HC1 Process Facilities and Hydrochloric Acid Regeneration Plants; Mineral Wool Production; Hazardous Waste Combustors; Pharmaceuticals Production; Natural Gas Transmission and Storage; Flexible Polyurethane Foam Production; Group IV Polymers and Resins; Portland Cement Manufacturing Industry; Pesticide Active Ingredient Production; Wool Fiberglass Production; Group III Polymers and Resins; Polyether Polyols Productions; Secondary Aluminum Production; Primary Lead Smelting; Publicly Owned Treatment Works; Ferromanganese and Silicomanganese Production; Surface Coating of Metal Coil; Rubber Tire Manufacturing; Coke Ovens: Pushing, Quenching, and Battery Stacks; Brick and Structural Clay Products Manufacturing; and Clay Ceramics Manufacturing. The EPA has also promulgated the following new 40 C.F.R. Part 63 standards for: Asphalt Processing and Asphalt Roofing Manufacturing; Brick and Structural Clay Manufacturing; Clay Ceramics Manufacturing; Coke Ovens: Pushing, Quenching, and Battery Stacks; Engine Test Cells/Stands; Printing, Coating, and Dyeing of Fabrics and Other Textiles; Flexible Polyurethane Foam Fabrication Operations; Hydrochloric Acid Production; Integrated Iron and Steel Manufacturing; Surface Coating of Metal Furniture; Refractory Products Manufacturing; Reinforced Plastic Composites Production; Semiconductor Manufacturing; and Surface Coating of Wood Building Products. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.T. July 15, 2004

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40

C.F .R. Part 63 into Regulation No.8, Part A and E.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of Federal regulations incorporated by reference.

Basis

The EP A has promulgated revisions to current standards and new standards in 40 C.F .R. Part 63. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F .R. Part 63 will make these revisions enforceable under Colorado law.

VI.U. December 16, 2004

Incorporations by Reference of Federal Amendments to and New Federal Standards in 40 C.F.R. Part 63 into Regulation No. 8, Part E.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of Federal regulations incorporated by reference.

Basis

The EPA has promulgated revisions to current standards and new standards in 40 C.F.R. Part 63. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.V. July 21, 2005

Incorporations by reference of federal amendments to and new federal standards in 40 C.F.R. Part 63 into regulation No. 8, Part E and recognition of the Environmental Leadership Program in Regulation No. 8, Part E, Section I.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference.

Basis

The EPA has promulgated revisions to current standards and new standards in 40 C.F.R. Part 63. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

The Department of Public Health and Environment’s strategic plan identifies the encouragement of incentives for environmental leaders, including encouraging companies to adopt the department’s environmental leadership model, as a goal in the environmental target area.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to and new federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

Adoption of language limiting the availability of the incentives provided in 40 C.F.R. Part 63, subpart A to companies that participate in both the federal performance track program and the Colorado department of public health and environment’s environmental leadership program will encourage companies to adopt the department’s environmental leadership model and will further progress toward fulfilling a goal of the department’s strategic plan.

VI.W. February 16, 2006

Incorporations by reference of federal amendments to federal standards IN 40 C.F.R. Part 63 into Regulation No. 8, Part E.

BACKGROUND

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act. C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference.

BASIS

The EPA has promulgated revisions to current standards in 40 C.F.R. Part 63. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

AUTHORITY

Sections 25-7-105(1)(B) and 25-7-109(2)(H) and – 109(4), C.R.S. (1999) authorize the Commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

PURPOSE

Adoption of the federal amendments to federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

VI.X. February 15, 2007

Incorporations by reference of federal amendments to federal standards in 40 C.F.R. Part 63 into Regulation No. 8, Part E.

Background

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified regulations, and with the requirements of federal regulations incorporated by reference.

Basis

The EPA has promulgated revisions to current standards in 40 C.F.R. Part 63. The State of Colorado is required under Section 112 of the Clean Air Act to adopt such revisions and new standards into its regulations. This rulemaking adopts these revisions.

Authority

Sections 25-7-105(1)(b) and 25-7-109(2)(h) and -109(4), C.R.S. (1999) authorize the commission to adopt emission control regulations and emission control regulations relating to hazardous air pollutants respectively.

Purpose

Adoption of the federal amendments to federal standards in 40 C.F.R. Part 63 will make these revisions enforceable under Colorado law.

Further, these revisions will include any typographical and grammatical errors throughout the regulation.



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