HomeMy WebLinkAbout20240624.tiffJan Warwick
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Martin - CDPHE, Theresa <theresa.martin@state.co.us>
Friday, March 8, 2024 10:28 AM
La - CDPHE, Jojo; Robyn Wille; Savannah Padilla; Jessica Ferko - CDPHE; Leah Martland -
CDPHE; Schuster - CDPHE, Jeremy; Emily Splitek
AQCC: Reg 3 & Reg 7 hearing
APCD_Motion to Withdraw Reg 7.pdf
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On February 21, 2024 the Notice of Rulemaking Hearing pertaining to the upcoming Regulation Number 3
and Regulation Number 7 hearing was emailed to the Air Quality Control Commission distribution list.
We have received a Motion to Withdraw the proposed revisions to Regulation Number 7 from the hearing by
the Air Pollution Control Division.
Since the Notice of Rulemaking Hearing has yet to be published in the Code of Colorado Regulations eDocket
and I don't yet have a list of individuals requesting party status, we are emailing this Motion to our
distribution list as notification.
Meeting Materials can be found on the commission website at: 051524-051724
Theresa L. Martin
Program Coordinator
P 303.692.3476 I F 303.691.7702
4300 Cherry Creek Drive South, EDO-AQCC-A5, Denver, CO 80246
Theresa.Martin@state.co.us I https://cdphe.colorado.gov/agcc
Please consider the environment before printing this e-mail.
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2024-0624
BEFORE THE AIR QUALITY CONTROL COMMISSION
STATE OF COLORADO
IN THE MATTER OF PROPOSED REVISIONS TO REGULATION NUMBER 7
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
AIR POLLUTION CONTROL DIVISION
MOTION TO WITHDRAW THE DIVISION'S PROPOSED REVISIONS TO REGULATION NUMBER 7
The Colorado Department of Public Health and Environment (CDPHE), Air Pollution
Control Division (Division) submits this Motion to Withdraw the Division's proposed
revisions to Regulation Number 7, submitted to the Air Quality Control Commission
(Commission) on January 30, 2024, for the Commission's February 14-16, 2024, meeting.
I. Background
In December 2021, the Commission adopted requirements in Regulation Number 7 and
Regulation Number 22, since moved to Regulation Number 7, to address several state
goals, including House Bill 21-1266 (Environmental Justice Disproportionate Impacted
Community). The General Assembly determined in House Bill 21-1266 that "state action
to correct environmental injustice is imperative, and state policy can and should
improve public health and the environment and improve the overall well-being of all
communities... [and] efforts to right past wrongs and move toward environmental justice
must focus on disproportionately impacted communities and the voices of their
residents." Therefore, the Commission adopted, among other things, more stringent
requirements for sources located in or near disproportionately impacted communities.
Last year, in House Bill (HB) 23-1233 (Electric Vehicle Charging and Parking
Requirements), the General Assembly revised the definition of disproportionately
impacted communities and directed statewide agencies to apply the most recent version
of the Colorado EnviroScreen tool available at the time the agency determines whether
a community is a disproportionately impacted community. Therefore, the Division
developed proposed revisions to the definitions in Regulation Number 7 to align with the
more recent statutory definition and also to clarify how sources should implement of
requirements resulting from the revised definition.
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II. Colorado EnviroScreen
Colorado EnviroScreen does not itself define disproportionately impacted communities.
Rather, Colorado EnviroScreen displays the areas in Colorado that meet one or more of
the criteria in the statutory definition, which is found in 24-4-109(2)(b)(II), C.R.S. As
directed by HB 23-1233, areas with a Colorado EnviroScreen score above the 80th
percentile should presumptively be considered to meet the cumulative impacts prong of
the statutory definition and this is displayed in the mapping tool. CDPHE is committed to
continuous improvement of EnviroScreen and is evaluating an update to the mapping
tool to reflect the most recent data in late 2024, as part of the EnviroScreen 2.0 update.
III. Proposed Withdrawal
As indicated by the early and recent adoption of more stringent requirements for sources
located in or near disproportionately impacted communities as described above, the
Division and the Commission are committed to acknowledging and addressing impacts to
these communities. However, in order to more efficiently implement requirements in
Regulation Number 7 related to updating the definition of disproportionately impacted
community, the Division is proposing to withdraw the proposed revisions to Regulation
Number 7 until fall 2024 update to EnviroScreen can be evaluated and incorporated. The
withdrawal will best allow for longer term and more accurate identification of
disproportionately impacted communities, sources located in or near disproportionately
impacted communities, and appropriate implementation timing of the more stringent
requirements in disproportionately impacted communities. Following this evaluation and
analysis, the Division will propose the necessary revisions to Regulation Number 7 for the
Commission's consideration.
IV. Conclusion
For the reasons stated herein, the Division respectfully requests the Commission grant
this Motion, allowing the Division to withdraw its proposed revisions to Regulation
Number 7.
V. Correction to Notice
The email address for Jeremy Schuster is jeremy.schuster@state.co.us
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Respectfully submitted this 9th day of March, 2024.
/s/ Leah Martland
Leah Martland
Regulatory Development and Compliance Unit, Supervisor
Colorado Department of Public Health and Environment
Air Pollution Control Division
4300 Cherry Creek Drive South
Denver, Colorado 80246
Telephone: 303-692-3100 (main)
Email: leah.martland@state.co.us
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Motion of the Colorado
Department of Public Health and Environment, Air Pollution Control Division was served
on the Commission as listed below on March 9, 2024.
Air Quality Control Commission
jojo.la@state.co.us
theresa.martin@state.co.us
robyn.wille@coag.gov
savannah.padilla@coag.gov
Air Pollution Control Division
jessica.ferko@state.co.us
jeremy.schuster@state.co.us
emily.splitek@coag.gov
/s/ Leah Martland
Leah Martland
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