5 Colo. Code Regs. § 1001-1-III

Current through Register Vol. 47, No. 18, September 25, 2024

Section 5 CCR 1001-1-III - DEFINITIONS

The definitions of terms used in these regulations shall be in accordance with the Act, the APA, and other applicable regulations of the Commission unless the context requires otherwise.

III.A. Act: The Colorado Air Pollution Prevention and Control Act, § 25-7-101 et seq., C.R.S.

III.B. Adjudicatory Proceeding: Adjudicatory proceedings include notice and hearing activities which are required by law to determine past and future rights and obligations of individual persons or sources, e.g., an appeal of permit terms and conditions, enforcement actions, or declaratory order proceedings. Adjudicatory proceedings typically occur during the Commission's general meetings and are governed by the procedures in Section VI. of these regulations.

III.C. Administrative Procedures Act (APA): § 24-4-101 et seq., C.R.S.

III.D. Alternate Proposal: Any new substantive proposed rule text offered for the Commission's consideration and approval, including wholly new regulation text, or amendments or revisions to previously proposed regulation text. For purposes of Sections V.E.5.c.(ix), V.E.6., and V.E.7.b., proposed text that simply deletes, clarifies or elaborates on elements of an already-submitted proposal, without substantive new obligations or requirements, is not an alternate proposal.

III.E. Attorney General: The Attorney General represents and advises the Commission, and also represents the Division before the Commission.

Office of the Attorney General Colorado Department of Law Natural Resources & Environment Ralph L. Carr Colorado Judicial Center 1300 Broadway, 9th Floor Denver, Colorado 80203

F. Commission: The Colorado Air Quality Control Commission created in § 25-7-104, C.R.S.

Colorado Air Quality Control Commission

Colorado Department of Public Health and Environment

4300 Cherry Creek Drive South, EDO-AQCC-A5

Denver, Colorado 80246

Email: cdphe.aqcc-comments@state.co.us

Web: https://cdphe.colorado.gov/aqcc

III.G. Consent Agenda: A consent agenda consists of routine, non-controversial, and self-explanatory items that the Commission may approve without individual discussion.

III.H. Division: The Colorado Air Pollution Control Division that exists within the Division of Administration of the Colorado Department of Public Health and Environment.

Colorado Air Pollution Control Division

Colorado Department of Public Health and Environment

4300 Cherry Creek Drive South, APCD-B1

Denver, Colorado 80246

Email: cdphe.commentsapcd@state.co.us

Web: https://cdphe.colorado.gov/air-pollution/air-pollution-control-division-topics

III.I. Ex parte Communication: Means an oral or written communication regarding a proceeding where the communication is between a member or members of the Commission and a person who has an interest in the proceeding that: takes place after the adoption of a petition to notice a rulemaking or after an appeal for an adjudicatory hearing has been filed; is not on the public record; is not authorized by other specific provision of law or Commission order; and with respect to which reasonable prior notice to all parties is not given.

III.J. File or Filed:

III.J.1. Means received in the Commission Office and date-stamped by staff as received on that day or, when filed by electronic mail for rulemakings or adjudications under Section III.J.2., as provided herein.

III.J.2. Electronic Filing

III.J.2.a. Filing by electronic mail shall be complete when the Commission Office receives, by midnight on the date it is due, an electronic mail containing an attached, signed version of the document to be filed, and a message is transmitted back to the sender from the Commission Office, confirming the filing was received by midnight on the day that the document is due. An electronic document may be "signed" by affixing a signature to the document and scanning and attaching the signature page to the filing. Alternatively, by affixing his or her name to the document, a filer agrees that the document constitutes an electronic transaction pursuant to C.R.S. 24-71.3-105 and an electronic signature pursuant to 24-71-101.

The Commission's email address is: cdphe.aqcc-comments@state.co.us unless otherwise specified in various Commission documents. When a party files by electronic mail, it shall be considered an agreement to be served by electronic mail. The filer is responsible for furnishing one or more electronic notification addresses at which the electronic filer agrees to accept service and shall immediately provide the Commission, and all parties with any change to the electronic filer's notification address. Documents larger than twenty (20) megabytes shall not be filed by electronic mail, unless otherwise approved by the Commission. If the document is too large to transmit by electronic mail, the filer shall serve the document(s) on a CD or disc or other electronic means by mailing or hand delivering 15 copies of the electronic version to the Commission Office.

III.J.2.b. Subject to the size limitation established in Section III.J.2.a., or unless granted an exception to electronic filing of Section III.J.3., all filings for rulemakings and adjudications under Procedural Rules V. and VI. shall be made by electronic mail.

III.J.3. Exception to Electronic Filing

Any person who is unable to comply with the requirements of Section III.J.2. may request the Commission to file documents in paper format. An original and the number of paper copies required for each proceeding as specified in these procedural rules must be filed in the Commission Office.

III.K. Good Cause: Means a valid and sufficient reason, in the opinion of the hearing officer or the Commission, to make an exception to a requirement of the Procedural Rules.

III.L. Party: Any person, entity, or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any Commission proceedings subject to these regulations. Parties generally are allowed to make individual presentations to the Commission at hearing and to cross-examine witnesses (see, Section V.E.2. of these regulations [regarding parties to rulemaking proceedings]). The Division and any person subject to an order or decision of the Division are parties to an adjudicatory proceeding (see, Section VI.B.4. of these regulations [regarding parties to adjudicatory proceedings]).

III.M. Publication: Publication in the Colorado Register or Colorado Code of Regulations, as appropriate.

III.N. Rule or Regulation: As used in these procedural rules include proposed revisions or amendments to existing regulations, alternate proposals, or wholly new regulation text.

III.O. Rulemaking Proceeding: Rulemaking proceedings are the notice and hearing activities required by law for the Commission to adopt regulations, as authorized by the Act or other specific authority, that are of general applicability and future effect that implement, interpret, or declare law or policy, which are intended to be binding, e.g., emissions control regulations, operating permit regulations, or inspection and maintenance requirements. They include adoption of proposed regulations, or deletion of, or revisions or modifications to, existing regulations of the Commission. Rulemaking proceedings typically occur during the Commission's general meetings and are governed by the procedures in Section V. of these regulations.

III.P. State Implementation Plan (SIP): State Implementation Plan for ambient air quality standards required under 42 U.S.C. Section 7410. This instrument generally consists of enforceable regulations, plans, and support documentation, and is submitted to the U.S. Environmental Protection Agency for review and approval (see i.e. 40 C.F.R. Part 52 , Subpart G [Colorado]).

III.Q. Staff: Means the Technical Secretary/Administrator under all circumstances and the Division at the request of the Commission or the Technical Secretary/Administrator.

III.R. Technical Secretary/Administrator: The person employed by the Commission pursuant to § 25-7-105(3), C.R.S. The Technical Secretary/Administrator can be reached at the Commission Office.

5 CCR 1001-1-III

44 CR 16, August 25, 2021, effective 9/14/2021