(1) Except as provided in this section and in section 25-7-1205, the owner or operator of a stationary source or group of stationary sources who
enters into a voluntary agreement pursuant to section 25-7-1203 shall be granted the regulatory assurances provided in this section. For the assurance period set forth in the voluntary agreement, not to exceed fifteen
years, a stationary source or group of stationary sources subject to the voluntary
agreement shall not be required to install additional pollution control equipment
or implement additional pollution control strategies to reduce emissions of the air
pollutant subject to the emission limitations contained in the voluntary agreement
in order to comply with:
(a) State regulatory requirements that are based exclusively on state authority and
that, either directly or indirectly, necessitate reductions in the air pollutant subject
to the voluntary agreement; or
(b) Federal regulatory requirements that:
(I) Either directly or indirectly necessitate reductions in emissions of the air pollutant
subject to the voluntary agreement;
(II) Establish generally applicable goals for the reductions of ambient concentrations
of the air pollutant subject to the voluntary agreement or its chemical products;
(III) Do not establish requirements that apply specifically to the stationary source
or group of stationary sources.
(2) Notwithstanding subsection (1) of this section, the owner or operator of the stationary
source or group of stationary sources may be required to comply with federal regulatory
(a) The owner or operator has agreed in writing to abide by the requirements; or
(b) The commission promulgates the requirements in regulations that first require
all other sources, including mobile sources, of the air pollutant within the affected
region within Colorado to implement all available cost-effective measures to reduce
emissions of the air pollutant. Such regulations, including the requirements contained therein applicable to the
stationary source or group of stationary sources subject to the voluntary agreement,
shall not apply to any stationary source or group of stationary sources unless and
until the general assembly acts to postpone the expiration of the regulations in accordance
with section 24-4-103, C.R.S.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.