-------
  12,000
            FT. COLLINS

                    C	:BOULDER
           I   I    1  I   I   1  I  I   I   I   I   I   I   I   I   I   1   I   I
       1970    72     74     76    78    1980   82     84    86     88    1990

                                   YEAR
Figure 33.    Carbon monoxide emission densities for four cities
              in the Denver AQMSA.
                                168

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all 1973 data plus more recent data may show that the high levels reached
within the area on 13 August were episodic in nature and that a lower
value than 490 ng/m^ could properly be used for long range planning.
Also, as comprehensive data from the expanded network becomes available,
the use of a more broadly based index than the currently recommended-^
second highest one-hour concentration may become appropriate for rollback
calculations.  However, unless subsequent developments indicate otherwise,
                                                                     o
reduction estimates should be based on the observed value of 490 (j.g/m  in
line with the current EPA guidelines.  The use of 490 jj.g/nr in conjunction
with Appendix J yields a required reduction in hydrocarbons of approxi-
mately 82 percent.  The use of a straight percentage rollback would re-
quire a reduction of approximately 67 percent.  Because of serious uncer-
tainties in using Appendix J with high pohtochemical oxidant values, EPA
has allowed  states to use Appendix J type relationships derived from
local data or to employ linear rollback--hence, since no Denver Appendix
J has been developed, the rollback estimate will be used to estimate al-
lowable emissions in the discussion which follows.

Hydrocarbon Emissions and Ambient Oxidant Concentrations

Figures 34, 35, and 36 are hydrocarbon emission density maps for the
Denver area based on projected vehicular emissions for 1975, 1980, and
1985, respectively.  As was the case with carbon monoxide, the maximum
emissions occur near the CBD and the trend is for reduced emissions
throughout the area.

Table 33 lists the total daily vehicular emissions by year for the 960-
square-mile Denver metropolitan area calculated from traffic projections
based on the JRPP transportation and land use plan and emissions based on
the FMVCP.  These total emissions are then broken down by vehicle type for
the years 1977 to 1985 in the next five columns.  The emissions expected
after the currently planned transportation control strategies (see dis-
cussion, page 162) are shown under the heading "With Strategies."  In
contrast to carbon monoxide, non-vehicular sources contribute substantial
amounts of hydrocarbons to the Denver area.   Consequently, emissions from

                                169

-------
Figure 34.  Isopleths of projected hydrocarbon emission densities from
            motor vehicles in Denver County and surrounding area in
            1975.  Units are kg/mi2/day.
                                 170

-------
Figure 35.  Isopleths of projected hydrocarbon emission densities from
            motor vehicles in Denver County and surrounding area in
            1980.  Units are kg/mi2/day.
                                 171

-------
Figure  36.  Isopleths of projected hydrocarbon emission densities from
            motor vehicles in Denver County and surrounding area in
            1985.  Units are kg/mi2/day.
                                 172

-------
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                                                  173

-------
these stationary sources must be considered when projecting air quality.
In Table 33 it has been assumed that the ratio of stationary emissions
(plus aircraft) to vehicular emissions given by the 1972 NEDS inventory
for the Denver AQGR applies to the 960-square-mile area.  It has also been
assumed that the regulations introduced for the control of stationary
sources will have the overall effectiveness indicated by the Colorado
Transportation and Land Use Plan   and by the EPA-promulgated transpor-
tation control plan.  The additional reduction in hydrocarbon emissions
required from VMT-reducing strategies, based on a reduction of 67 percent,
is shown at the right of the table.  In making these estimates, the al-
lowable emissions were calculated from mid-1973 vehicular and stationary
source emissions as follows:
                    (203,617+197,720)
The results shown at the right of Table 33 indicate that the ambient
oxidant standards will not be met until 1982 simply by the use of the
planned inspection and maintenance and retrofit programs even if the JRPP
plan is followed.  Table 33 further shows that the additional reduction
required beyond that provided by these programs, when expressed as a re-
duction in light-duty VMT, exceeds the 15 percent expected from currently
promulgated plans (38 FR 30820) until sometime in 1981.  Once attainment
is achieved, however, maintenance can be seen to follow as a matter of
course due to the reducing emissions from vehicular sources.  Figure 37
presents the emission trend data from Table 33.

NITROGEN OXIDES

Summary of Observed Concentrations

The only reported set of nitrogen dioxide measurements made with a cur-
rently acceptable analytical method that is also statistically adequate
for the determination of an annual mean was collected at the CAMP station
in Denver in 1972.  The annual arithmetic mean obtained from 6759
                                174

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   250,000
   200,000
D
"D
 O>
Z
o
  TAIL PIPE   k
                 CONTROLS J \l
                 15% VMT   "1
                 REDUCTION ^
                 (LDV)      J
                       ALLOWABLE
              ct

              Z
              O
              I—
              <
              oo
          70    72    74    76    78    80    82
                                      YEAR
                                                  84    86    88    90
     Figure 37.   HC emissions within Denver metropolitan area
                              175

-------
one-hour observations made by an instrumental colorimetric method during
the year was 73 n.g/m-', substantially lower than the national ambient
standard of 100 p.g/m .*  Other data collected in Denver as part of the
field program to reevaluate the reference method for the measurement of
nitrogen dioxide, and summarized in the June 8, 1973 Federal Register
(38 FR 15174),  suggest  that  the annual  average  does not exceed the stan-
dard, but are too limited to provide meaningful estimates of the annual
mean.

Projected Emissions and Concentrations of Nitrogen Oxides

Figures 38, 39, and 40 are nitrogen oxide emission density maps calculated
from projected vehicular sources in the Denver area in 1975, 1980, and
1985, respectively.  Reflecting the annual changes in emission factors,
little change occurs in the emission pattern between 1975 and 1980 but a
marked decrease in the emission level takes place between 1980 and 1985.
No area with significantly increasing emissions--indicating deteriorating
air quality—is predicted due to the projected changes in vehicular travel
during the 10-year period.

Table 34 lists the calculated daily vehicular emissions for the 960-
square-mile Denver metropolitan area, broken down by vehicle type, for the
period from 1971 through 1980.  Inspection of the table shows that emis-
sions from light duty vehicles increase until 1977 and then decrease
through 1990, but remain essentially constant between  1975  and 1980.  Emis-
sions from heavy duty vehicles and diesel powered vehicles  increase  slowly
from year to year reflecting a projected regular increase in  traffic  from
these relatively uncontrolled vehicle types.  The  two  columns at  the  right
*It is the opinion of EPA, Region VIII, that annual means determined from
 CAMP station data by the Saltzman Colorimetric Technique will also be
 accepted as valid after further investigation.  For the period 1965-1972,
 annual means based on this method are available for 5 years and are:
 1965 - 68 M.g/m3; 1966 - 64 ^g/m^; 1969 - 62 \ig/m$; 1970 - 72 ug/nv3; and
 1972 - 73 |ig/m3.
                                176

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   Table 34.   VEHICULAR EMISSIONS  OF NITROGEN  OXIDES WITHIN
              DENVER METROPOLITAN  AREAa
                      Emissions  (kg/day)
Year
(31 Dec)
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
FMVCP with JRPP
traffic projections
Total
37,987
41,580
43,653
44,518
44,996
45,711
46,176
46,027
46,153
46,174
44,785
41,918
39,762
37,571
34,198
32,845
31,680
30,016
29,284
28,667
LDV
33,222
36,584
38,428
39,063
39,310
39,815
40,046
39,660
39,549
39,332
37,704
34,610
32,216
29,784
26,172
24,582
23,181
21,278
20,309
19,456
HDV
3909
4098
4285
4474
4663
4835
5028
5222
5417
5613
5809
5994
6191
6389
6586
6782
6976
7172
7369
7563
Other
856
898
939
981
1023
1061
1103
1145
1187
1229
1271
1313
1355
1398
1440
1481
1523
1564
1606
1648
With strategies
LDV




33,413
33,843
34,039
33,711
33,617
33,432
32,048
29,418
27,384
25,316
22,246





Total




39,100
39,739
40,170
40,078
40,221
40,274
39,128
36,725
34,930
33,103
30,272





£5
 Metropolitan area comprises 960 square miles.


 15 percent reduction in light-duty vehicle  VMT.
                               177

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Figure 38.  Isopleths of projected vehicular emissions of nitrogen oxides
            in Denver County and the surrounding area in 1975.  Units
            are kg/tni^/day.
                                 178

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Figure 39.
Isopleths of projected vehicular emissions of nitrogen oxides
in Denver County and surrounding area in 1980.  Units are
kg/mwday.
                                 179

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Figure 40.  Isopleths of projected vehicular emissions of nitrogen oxides
            in Denver County and surrounding area in 1985.  Units are
            kg/mi2/day.
                                 180

-------
in the table show the effect of the 15 percent decrease in light-duty-
vehicle VMT assumed to be achievable under the existing transportation
control plans (38 FR 30820).  The maximum total vehicular emissions pre-
dicted under these assumptions is 40,170 kg/day and is approximately that
calculated for the year 1972 when the annual mean nitrogen dioxide con-
centration was 73 percent of the standard.  These calculations therefore
indicate that a substantial increase in emissions from other sources
could be tolerated without exceeding the standards.  For example, the 1972
NEDS inventory for the Metropolitan Denver AQCR shows that emissions from
non-vehicular sources are approximately equal to those from highway vehi-
cles.  Consequently, emissions from these non-vehicular sources could in-
crease at an annual rate of about 6.5 percent between 1972 and 1980 when
vehicular emissions start decreasing , without exceeding  the allowable
emissions for the area of 108,996 kg/day.*  In contrast, emissions of
nitrogen oxides from non-vehicular sources, excluding power plants, are
estimated to increase at less than 2 percent per year, and no additional
major power plants are currently scheduled for the metropolitan area
according to EPA, Region VIII.  Therefore, barring the introduction of
currently unscheduled major uncontrolled sources, no violation of the
nitrogen dioxide standard is indicated during the forecast period.
*Allowable emmissions = twice the vehicular emission rate for mid-1972
 (37,987 + 41,580) divided by 0.73, or 108,996 kg/day.  Acceptable growth
                           A
 rate obtained from P = .. J^n  where P = 41,580, A^ = (108,996 - 40,274)
 and n = 8.             U    '

                                181

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                             REFERENCES
1.  U.S. Environmental Protection Agency.   Air Quality Data  -  1972
    Annual Statistics.  Publication Number EPA-450/2-74-001, Research
    Triangle Park,  N.C.,  March 1974.

2.  U.S. Environmental Protection Agency.   Guideline for the Evaluation
    of Air Quality Trends.   Guideline Series  OAQPS No. 1.2-014, Research
    Triangle Park,  N.C.,  February 1974.

3.  U.S. Environmental Protection Agency.   The Plan  Revision Management
    System, Region VIII.   OAQPS,  Research  Triangle Park,  N.C., March
    1974.

4.  U.S. Environmental Protection Agency.   Guidance  for  Air  Quality
    Monitoring Network Design and Instrument  Siting.  Draft  Report,
    Guideline Series OAQPS No. 1.2-012,  Research Triangle Park, N.C.,
    January 1974.

5.  GCA/Technology Division.  Idaho Particulate Matter Study.  Draft
    Final Report,  U.S. Environmental Protection Agency,  Contract No.
    68-02-0041, Task Order No. 9, Bedford, Mass., October 1973.

6.  Colorado Department of Health, Air Pollution Control Division.
    Air Quality Implementation Plan for State of Colorado.   Denver,
    Colorado, January 1972.

7.  U.S. Environmental Protection Agency.   Guide for Compiling a
    Comprehensive Emission Inventory (Revised).  Monitoring  and Data
    Analysis Division, Office of Air and Water Programs,  Office of Air
    Quality Planning and Standards, Research  Triangle Park,  N.C.,
    Publication Number APTD-1135, March 1973.

8.  Research Triangle Institute.   Computer Assisted  Area Source Emis-
    sions Gridding Procedures, Users Manual.   EPA No. 68-02-1014.

9.  PEDCo - Environmental Specialists, Inc.  Investigation of  Fugitive
    Dust Sources,  Emissions, and Control for  Attainment  of Secondary
    Ambient Air Quality Standards (Colorado).  Suite 13, Atkinson  Square,
    Cincinnati, Ohio 45246, EPA Contract No.  68-02-0044, Task  Order
    No. 16.
                              182

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10.   Busse,  A.D.  and J.  R.  Zimmerman.   User's  Guide  for  the  Climatological
     Dispersion Model.   EPA-R4-73-024,  December 1973.

11.   Gifford,  F.A.  and  S.R.  Hanna.   Urban Air  Pollution  Modeling.  Pro-
     ceedings  of  the Second International Clean Air  Congress, Washington,
     B.C.,  December 6-11,  1970.

12.   Hanna,  S.R.   A Simple  Method of Calculating Dispersion  From Urban
     Area Sources.   J.  Air  Poll.  Contr.  Assoc.,  21:774-777,  1971.

13.   U.S. Environmental Protection Agency.  Guidelines  for Interpretation
     of Air Quality Standards.  Draft Report,  Guideline  Series  OAQPS
     No. 1.2-008,  Research  Triangle Park, N.C.,  October  1973.

14.   Larsen, R.I.   A Mathematical Model for Relating Air Quality Measure-
     ments  to Air Quality  Standards. U.S. Environmental Protection
     Agency, Research Triangle Park, N.C., Office of Air Programs Publica-
     tion No.  AP-89, November 1971.

15.   U.S. Environmental Protection Agency.  Transportation Control
     Strategy Development  for the Denver Metropolitan Area.  Research
     Triangle  Park, N.C., APTD-1368. Prepared by TRW Transportation
     and Environmental  Operations,  December 1972.

16.   Colorado  Department of Health.  The State of Colorado Air  Pollution
     Control Transportation and Land Use Plan.   Denver,  Colo.,  May 1973.
                               183

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                              SECTION V
                   CONTINGENCY ATTAINMENT STRATEGIES

INTRODUCTION

The attainment strategy is considered separately from the maintenance
strategy due to the different thrust of their control measures.  Attain-
ment measures are primarily directed at the reduction of emissions from
existing sources, either by a direct control on the emissions them-
selves (e.g., a process rate or fuel content regulation), or by reducing
the number of certain types of sourceg of emissions (e.g., banning open
burning, VMT reductions).  Maintenance measures, on the other hand, are
aimed at controlling the growth of emissions which would bring about an
infraction of the air quality standards.  Such measures are then
directed at controlling the amount of growth, either the growth directly
(e.g., zoning approvals) or the emissions from the growth (e.g., New
Source Performance Standards), or the location of the future sources
(e.g., emission density zoning, regional development planning).

For the State of Colorado, attainment measures operate to reduce con-
centrations to the National Ambient Air Quality Standards within the
timeframe of the 1977 deadline.  Maintenance measures, however, are
directed at the following period of time though they are also contin-
uously applicable from the time of implementation.

The projections of concentrations in the previous section demonstrated
that, given previously quantified control regulations and air quality
trends, the primary and secondary standards of total suspended
                               184

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particulates, carbon monoxide, and photochemical oxidants would not be
achieved by the specified attainment dates.  Since the attainment of
the desired air quality is an integral part of the Air Quality Main-

tenance Plan development, it is essential to discuss those measures
which must be implemented to ensure attainment of the standards.


This section discusses transportation control measures and fugitive

dust control measures as a contingency attainment strategy package.

The measures are presented as a means of ensuring the effectiveness and

integrity of the Colorado SIP as well as the AQMP supplement to the plan.


TRANSPORTATION CONTROLS


Promulgated Transportation Control Plan


The U.S. Environmental Protection Agency (EPA) promulgated a Transporta-
tion Control Plan (TCP) for the Denver area in the Federal Register on
7 November 1973.  The promulgated TCP includes several elements:

    1.  Program for inspection and maintenance of motor
        vehicles, using the idle test mode, to be fully
        implemented by 1 December 1975.

    2.  Program for equipping of pre-1968 model year
        vehicles with engine air bleed devices, to be
        implemented by 1 July 1976.

    3.  Program for modification of 1968-1975 model
        year vehicles for high altitude, to be im-
        plemented by 1 July 1976.

    4.  Program for control of hydrocarbon emissions from
        stationary transportation, manufacturing, and
        processing facilities.

    5.  Creation of bus-carpool lanes on existing roadways.

    6.  Limitation on construction of parking facilities,
        to be implemented on 1 January 1975.
                              185

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    7.  Removal of on-street parking in the Denver
        Central Business District (CBD).
    8.  Mass transit improvements.
    9.  Limitation on gasoline sales.
The last measure, namely the limitation of gasoline sales, was imposed
by EPA because the other measures are not expected to achieve as much
reduction in carbon monoxide emissions as is considered necessary to
meet the ambient air quality standards by the extended deadline of
31 May 1977.  Carbon monoxide emissions were then thought to require a
64 percent reduction (from 1971 emissions); the gasoline limitation
was estimated to provide for a 6 percent reduction.

Section IV of this report discusses the present expectations of the
need for reducing emissions.  It is indicated in Section IV that EPA
Region VIII now expects the TCP to be amended to include slightly dif-
ferent measures for inspection and maintenance and for modification of
existing automobile engines.  The air quality estimates in that section
reflect this fact.

As shown in Tables 31 and 33, transportation control measures must be
able to reduce light duty vehicular travel by 34 percent to meet CO
standards and by 45 percent to meet applicable oxidant levels.  Since
the first four transportation control measures listed have already been
incorporated into the air quality projection, the necessary reduction
must be achieved by the latter five measures.

In response to the EPA-promulgated TCP, the Air Pollution Control Com-
mission recently promulgated Regulation number 9 which deals explicitly
with measures 5 through 8 mentioned above.  (It should be noted that as
of this writing this regulation has neither been approved by the Attor-
ney General of Colorado nor accepted by the EPA).  Elements of Regula-
t ion number 9 are:
                              186

-------
     1.  Exclusive Bus-Carpool Lanes, to be implemented by
         1 January 1976.
     2.  Creation of Park-N-Ride Facilities with express
         buses to the CBD; with plan submission by 1 October
         1974.
     3.  Carpooling programs, to be implemented by large em-
         ployers (> 250 employees) by 1 April 1975, and by
         other employers (50 to 250 employees) by 1 October
         1975.  In addition, employers must submit a descrip-
         tion of incentives which encourage employees to make
         use of mass transit facilities.  Large employers
         must submit their plan by 1 February 1975, with sub-
         mittal by other employers by 1 August 1975.
In addition, the regulation requires that DRCOG submit recommendations
to the APCC by 1 March 1975 on parking requirements that may stimulate
the use of public transportation and decrease single passenger VMT.

As these latter control measures have only recently been promulgated
and are currently in the development stages, it is not yet possible to
precisely quantify the emission reduction potential of the measures.
If, however, the maximum possible expected reduction in VMT, estimated
by EPA Region VIII, is attained under these regulations, only a 15 per-
cent reduction is possible.  This indicates that a further reduction
of 30 percent in VMT is required to meet the photochemical oxidant
standard.  This is equivalent to a reduction of 10 percent in the hydro-
carbon emissions from the 1971 level.  For carbon monoxide the addi-
tional reduction needed in light-duty VMT and total emissions from the
1971 level is 19 and 7 percent, respectively.  This implies that the
control of hydrocarbon emissions will also bring about the needed con-
trol of carbon monoxide emissions if parallel reduction measures are
pursued.

As mentioned above, the TCP promulgated by EPA imposed gasoline sales
restrictions to provide for an additional 6 percent reduction in CO
emissions from the 1971 levels.  These limitations also provide a 5
percent reduction in hydrocarbon emissions.  From the above analysis

                                187

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it is evident that, since maximum feasible controls have already been
placed on the sources themselves, the gasoline limitation will have to
be doubled to provide for the additional 10 percent reduction in hydro-
carbon emissions.

An estimate of the impact of such a measure can be better determined
from considering the actual reductions in emissions from the projected
1977 levels instead of the 1971 emission levels presented above for
control measure evaluation.  It has already been stated that these re-
ductions would be comparable to a 30 percent reduction in VMT in 1977.
From Table 33, it can be demonstrated that this is equivalent to 21
percent of all hydrocarbon emissions and 24 percent of all vehicular
emissions projected for 1977.

Since the impact of such a measure is potentially onerous from a social
and economic standpoint, no specific regulations for the implementation
of this measure are proposed at this time.  Instead, continued monitor-
ing of air quality and investigation of alternative measures will be
increased.  It is possible that greater than the 15 percent VMT reduc-
tion may be achieved by the state through the currently promulgated
regulations or additional measures which may be implemented by the
state, or that such a large VMT reduction may prove to be unnecessary
based upon 1976 air quality data.

The extent of any gasoline sales limitation is contingent upon the de-
termination of the effect of the currently promulgated transportation
control plan, with its supporting regulations, on the air quality.  As
EPA's gasoline sales limitation regulation requires the state to make
this determination on the basis of data collected during fiscal year
1976, no further regulations to ensure continued evaluation are needed
at this time.
                                188

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FUGITIVE DUST CONTROLS
Promulgated Fugitive Dust Control Plan


The Colorado Air Pollution Control Commission recently promulgated a

regulation dealing with fugitive dust.  This regulation is discussed

in more detail in Section II and the regulation itself appears in

Appendix E.  A brief summary of the regulation appears below.

     1.  A general statewide requirement is that no fugitive dust
         be emitted which exceeds 20 percent visible opacity or
         which is visible after it leaves the property of the
         owner of the emission source.  Certain activities, such
         as agriculture, are exempted.

     2.  Within the Priority I portions of Air Quality Control
         Regions only (see Figure 24), including a portion of
         the AQMSA, specific requirements are established for
         control of dust from:

         a.  All new unpaved roads and parking areas with traf-
             fic volumes of 165 vehicles/day (vpd) or more.

         b.  Existing privately owned roads and parking areas
             with 165 vpd or more.

         c.  Existing publicly owned roads and parking areas
             with 165 vpd or more,  but with controls only to
             the extent allowed by financial resources.

         d.  Land development, construction demolition, and
             related activities.

     3.  Specific control requirements, statewide, on open
         mining activities.

     4.  Where specific requirements for controls are provided,
         a requirement that permits be obtained and a requirement
         that specified types of abatement and preventive measures
         be identified in the permit and utilized.


Contingency Fugitive Dust Attainment Measures
The contingency attainment strategy for fugitive dust control consists

of the controls in the promulgated regulations along with the following

additions.
                               189

-------
First, the promulgated controls are to be applied to the entire AQMSA
and not just the Priority I area.  Thus, Gilpin, Clear Creek, Douglas,
and Arapahoe will be subject to the controls along with the parts of
Larimer, Weld, and Adams Counties which are excluded from the Priority I
area.

Second, control measures for dust from sand on paved roads will be pro-
mulgated.  As estimated in the PEDCo report, this will reduce dust from
sanding by 25 percent.  A further reduction of dust could be accomplished
by promulgating controls for dust from cattle feedlots with the poten-
tial for reducing such emissions by 50 percent.  However, the minor im-
pact such a strategy would have on the total level of emissions of
fugitive dust (less than 0.5 percent) and the resulting insignificant
improvement in air quality does not warrant the expense that would be
involved in its implementation.  Similarly, it would not be politically
feasible to expect livestockmen to incur such costs as they are pres-
ently supporting the mass transit system through sales taxes.

The impact of this maximum control plan is calculated for the years
1975, 1980 and 1985 based on the calculations given in Appendix J of
this report.  The growth rates under this level of control are presented
in Table 35 for the fugitive dust zones.

This strategy is seen to generally prevent future growth in fugitive
dust emissions in spite of increased source activity.  Maximum fore-
casted emissions would be less than 1975 emissions except in a few
zones.  The worst future emissions increases will be in Clear Creek
County where, as noted earlier,  substantial construction activity will
occur.  There, 1985 emissions are estimated to be 11 percent more than
1975 emissions with the promulgated regulations.  Without the increased
degree of control, emissions would be almost twice as much in several
zones.
                                190

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    Table 35.   FUGITIVE DUST EMISSIONS GROWTH RATES  BY ZONES
                WITH MAXIMUM FEASIBLE CONTROLS
County
Adams

Arapahoe


Boulder


Clear Creek
Denver
Douglas
Gilpin
Jefferson


Larimer


Weld

Zone
1.
2.
1.
2.
3.
1.
2.
3.
Cropland
Rang el and
Cropland
Range land
Range land
Cropland
Rang el and
Woodland
Predominantly
woodland
Urban
Range land and
woodland
Predominantly
woodland
1.
2.
3.
1.
2.
3.
1.
2.
Urban
Rang el and
Woodland
Cropland
Woodland
Recreation land
Cropland
Range land
1975
0.95
0.91
0.90
0.88
0.88
0.99
0.98
0.98
0.64
0.80
0.59
0.83
0.82
1.00
1.00
0.98
0.90
0.90
0.99
0.94
1975-1980
0.98
0.97
0.89
0.87
0.87
0.99
0.97
0.97
0.93
0.88
0.80
0.84
0.96
1.08
1.08
0.99
0.94
0.94
0.99
0.96
1975-1985
0.95
0.92
0.88
0.85
0.85
0.99
0.97
0.97
1.11
0.96
1.02
0.84
1.04
0.95
0.95
0.99
0.93
0.93
1.00
0.97
Tabulated quantities are the ratios
feasible controls to 1975 emissions
of emissions with maximum
with present regulations.
                                 191

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These strategies have the least effect in the counties (Larimer and
Weld and, to a lesser degree, Adams and Boulder) where agriculture is
the predominant source of fugitive dust.  Emissions could be substan-
tially different from these estimates if the amount of agricultural
activity should change.

These controls are then used for projecting air quality to 1975, 1980
and 1985 along with the percentage contributions (see Tables 36, 37 and
38).  As is seen in these tables, no appreciable improvements in air
quality results from this maximum control level.  This control measure
for fugitive dust still does not provide for the attainment of the
primary NAAQS for particulates in Denver County and one site in Weld
County by 1975.  A further reduction of

                   R = -rr-r - — x 100 = 40 percent

is necessary to meet the primary standard and a reduction of
                   R =   ;  ~_ 3Q x 100 = 60 percent

is necessary to meet the secondary standard in Denver County.
While sttainment has not resulted, the final goal of maintenance of air
quality has been aided as far as increased emissions from the fugitive
dust sources sector.  This is apparent from Table 35 which shows that
most growth rates are less than 1.0 and from Tables 36 , 37 , and 38 ,
which indicate a decreasing percentage contribution from this sector.

OTHER AREA SOURCE ATTAINMENT MEASURES FOR PARTICULATES

As  the maximum practical controls have already been applied to  the
point and fugitive dust source sectors, the only remaining sector  for
control is area sources.  Data provided on the 1972 NEDS summary  sheet
for Denver County indicated that 53 percent of the total area source
emissions in that county were a direct result of the burning of

                               192

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   Table 36.    PERCENTAGE  CONTRIBUTION OF PARTICULATE SOURCE  SECTORS
                FOR MAXIMUM CONTROL  CASE FOR FUGITIVE  DUST
                                  1975

County
Adams



Arapahoe


Boulder

Clear Creek
Denver








Douglas
Gilpin

Jefferson




Larimer


Weld





Location
Westminster
Aurora
Brighton
Adams City
Cherry Creek Dam
Englewood
Littleton
Boulder
Longmont
Idaho Springs
State Health Dept.
Hull Photo
Julian Street
Sloans Lake
Sewer Plant
Sch. Admin. Bldg. (State)
Gates Building
Sch. Admin. Bldg. (EPA)
2105 Broadway
Castle Rock
Black Hawk

Rocky Flats
Golden
Lakewood
Edgewater
Arvada
La Porte
Fort Collins
Loveland
Greely
Ft. Lufton
Greely
Johnstown
Windsor
7=, Contribution
Point
3
7
13
19
—
3
10
- -
2
--
2
3
2
4
9
4
4
4
5
--
--

12
11
5
5
3
-. m.
2
2
3
2
2
2
2
Area
61
--
--
36
__
74
54
87
44
--
37
45
52
44
20
52
45
52
44
--
--

--
--
--
--
37
	
57
57
19
--
18
--
--
Fug.
36
93
87
45
100
23
36
13
54
100
61
52
41
52
71
44
51
44
51
100
100

Adj. AQa
63
43
44
57
36
57
48
75
75
36
83
93
102
93
76
105
94
105
95
32
86
I
88
89
95
95
60
100
41
41
78
98
80
98
98
49
38
26
66
56
34
68
68
83
73
82
73
72
aAdj.  AQ is the fitted air quality adjusted for background contributions
 in (ig/m3.
                                193

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  Table 37.    PERCENTAGE CONTRIBUTION OF PARTICULATE SOURCE SECTORS
              FOR MAXIMUM CONTROL CASE FOR FUGITIVE DUST
                                 1980

County
Adams




Arapahoe


Boulder

Clear Creek
Denver








Douglas
Gilpin
Jefferson




Larimer


Weld





Location
Westminster
Aurora
Brighton
Adams City

Cherry Creek Dam
Englewood
Littleton
Boulder
Longmont
Idaho Springs
State Health Dept.
Hull Photo
Julian Street
Sloans Lake
Sewer Plant
Sch. Admin. Bldg. (State)
Gates Building
Sch. Admin. Bldg. (EPA)
2105 Broadway
Castle Rock
Black Hawk
Rocky Flats
Golden
Lakewood
Edgewater
Arvada
La Porte
Fort Collins
Love land
Greely
Ft. Lufton
Greely
Johns town
Windsor
% Contribution
Point
3
8
16
20

—
3
10
__
2
--
1
3
2
3
9
4
3
4
5
--
--
13
12
5
4
3
-. _
2
2
4
18
2
2
2
Area
64
--
--
38
Fug.
33
92
84
42
i
_-
76
57
88
48
--
38
46
52
39
20
52
46
52
45
--
--
--
--
--
51
37
__
60
60
22
--
21
--
--
100
21
33
12
50
100
61
51
46
58
71
44
51
44
50
100
100
87
88
95
45
61
100
38
38
74
82
77
98
98

Adj. AQ3
67
43
45
59

36
61
49
80
79
38
90
100
109
109
81
114
101
114
103
33
87
51
38
49
70
60
34
75
75
85
81
85
73
72
aAdj.  AQ-is the fitted air quality adjusted  for background  contributions
 in ug/m .
                                 194

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   Table 38.   PERCENTAGE CONTRIBUTION OF PARTICULATE SOURCE SECTORS
               FOR MAXIMUM CONTROL CASE FOR FUGITIVE DUST
                                  1985

County
Adams



Arapahoe


Boulder

Clear Creek
Denver








Douglas
Gilpin
Jefferson




Larimer


Weld





Location
Westminster
Aurora
Brighton
Adams City
Cherry Creek Dam
Englewood
Littleton
Boulder
Longmont
Idaho Springs
State Health Dept.
Hull Photo
Julian Street
Sloans Lake
Sewer Plant
Sch. Admin. Bldg. (State)
Gates Building
Sch. Admin. Bldg. (EPA)
2105 Broadway
Castle Rock
Black Hawk
Rocky Flats
Golden
Lakewood
Edgewater
Arvada
La Porte
Fort Collins
Loveland
Greely
Ft. Lufton
Greely
Johnstown
Windsor
% Contribution
Point
3
9
18
21
__
4
12
__
2
--
2
3
2
3
9
4
4
4
5
--
--
17
16
6
4
3
_ —
3
3
5
3
2
3
4
Area
68
--
--
40
_ _
79
60
90
51
--
39
46
52
44
21
53
46
53
45
--
--
_-
--
--
51
38
_ •»
65
65
25
--
24
--
--
Fug.
29
91
82
39
100
17
28
10
47
• 100
59
51
46
53
70
43
50
43
50
100
100
83
84
94
45
59
100
32
32
70
97
74
97
96

Adj. AQa
70
43
45
61
36
64
51
86
82
38
96
107
115
105
86
122
108
122
109
34
87
49
38
51
73
64
34
82
82
89
73
88
74
73
Adj. AQ is the fitted air quality adjusted for background contributions
in [ig/m .
                                  195

-------
bituminous coal; of this, 96 percent of the emissions were ascribed
to industrial area sources.  Unfortunately, uncertainties inherent in
the determination of the emission levels of the area sources in this
Denver County NEDS summary as well as the delineation of area versus
point sources preclude the formulation of any control measures based
upon this information.  As this data tends to indicate the potential
for significant reductions in total suspended particulate concentra-
tions, given the control of bituminous coal-dependent sources, this
situation should receive additional attention.  Prior to this, however,
existing data uncertainties must be resolved.

The removal of lead from gasoline has been shown to reduce particulate
emissions from the exhaust by 40 to 60 percent.  An average reduction
of 50 percent would bring about only a 31 percent reduction in the total
particulates due to motor vehicles after consideration of tire wear.
This could result in another 4 percent reduction due to area sources,
or about 2 percent total reduction.  However, as more cars become
equipped with catalytic mufflers, the impact of such a measure would
decrease over time.

Increased effort is still needed in this area to determine whether par-
ticulate levels in Denver County can feasibly be expected to attain
Federal air quality standards.  The solution may lie in a more detailed
inventory of fugitive dust and other particulate sources.
                               196

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                              SECTION VI
              THE PLAN FOR THE MAINTENANCE OF AIR QUALITY

INTRODUCTION

This section presents a strategy for maintaining air quality once it has
been attained (in part, with the methods proposed in Section V).  The
maintenance strategy is based upon a land use and transportation plan
already developed for the Denver metropolitan area and used for the air
quality projections in this report.  The proposed strategy would incor-
porate the regional plan into a regulatory framework, whereas at present
only portions of the plan can be enforced.

The projections of air quality to 1985, presented in Section IV, demon-
strate that, under current control requirements, the concentration of
total suspended particulates is expected to increase around 20 percent
during the time period 1975 to 1985.  Hydrocarbons,  carbon monoxide and
nitrogen oxide concentrations are decreasing during these years as a
direct result of the Federal Motor Vehicle Control Program.

The air quality analysis for this report is based, to a large extent,
upon the Joint Regional Planning Program (JRPP) for the Denver-Boulder-
Longmont metropolitan complex.  The JRPP plan was developed jointly by
the Denver Regional Council of Governments (DRCOG),  the Regional Trans-
portation District (RTD), and the Colorado Division of Highways, and
provides for orderly, controlled growth of the region to the year 2000.
The JRPP plan assumes the population growth of the area will be at a
lower rate than has prevailed recently, and that economic activity can
be encouraged to develop in concentrated centers and corridors which will

                                197

-------
be complementary to public transportation service.  The alternative to
such a plan is continued sprawl and perhaps more total activity in the
Denver area than could be tolerated from the standpoint of air quality.

Based on the information in Section IV, it appears that hydrocarbon and
carbon monoxide air quality will be acceptable throughout the maintenance
period once the standards are initially met.  In the long run, air qua-
lity will deteriorate again, unless policies such as that of the JRPP
are instituted.  Such regional planning is not now essential for the non-
metropolitan regions in the AQMSA (at least, not for air quality pur-
poses), but in the future these areas (Larimer, Weld, Gilpin, Clear
Creek, and rural portions of the JRPP countries) also will need develop-
ment planning to prevent degradation of their air quality as a result
of continued growth.

The underlying concept of the Air Quality Maintenance Plan (AQMP) is to
institutionalize the JRPP plan.  In this way, both the growth rate and
the distribution of growth which were used in projecting air quality are
assured.  That is, with the JRPP plan in the SIP the JRPP plan will
necessarily be enforced along with the rest of the SIP.

It should be noted that this section does not address the maintenance of
the particulate standards.  The analysis in Section V indicated that
with reasonably available control technology for point and fugitive dust
sources, it was not possible to attain even the primary standard in
Denver County.  As lack of sufficient supporting data does not allow for
the implementation of any additional attainment measures and the current
and suggested controls are considered the maximum feasible,  it is not
reasonable to formulate the maintenance of a standard which  cannot be
achieved.  At the most, the AQMP may be expected to slow down the rate
of increase of fugitive particulate emissions.

The next part is an overview of the maintenance plan, including the mea-
sures and tools for implementation.  This is followed by a basically

                               198

-------
qualitative analysis of the air quality impact of the proposed plan.  The
actual maintenance measures are then presented in more detail by providing
a description of each measure, its legal foundation, and the roles of the
agencies assigned to its implementation.  The implementation tools are
presented next; the legal foundation of each as well as its relation to
maintenance implementation is described.  The final part of this section
deals with the social and economic impacts associated with the maintenance
plan implementation.

MAINTENANCE PLAN DESCRIPTION

The specific measures of the maintenance plan are the following.

    1.  Construction of a rapid transit system.
    2.  Creation of activity centers throughout the RTD area.
    3.  Construction of the JRPP highway system.

As a means of fostering the implementation of the above measures, two
specific tools are to be utilized.  These implementation tools are:

    1.  Air contaminant emission permits.
    2.  Land use development permits.

The major pieces of legislation relied upon for this maintenance strategy
package are the 1970 Colorado Air Pollution Control Act and the Colorado
Land Use Act as amended.  These two acts provide a good legal foundation
on which to build a viable maintenance mechanism.  As specified in more
detail in the text, it is recommended that the following specific actions
be taken:
    1.  The State Air Pollution Control Commission will promulgate
        a regulation incorporating the Regional Transportation
        District (RTD) transit system into the official state im-
        plementation plan.  This regulation will include the fol-
        lowing elements.
        a.  An endorsement of the RTD plan by the Commission.

                               199

-------
        b.   The right of review by the Commission of any changes
            in the RTD plan which may significantly affect the
            expected impact of the system.

        c.   The stipulation that no air quality permit be issued
            for air pollution sources which might interfere with
            the construction or operation of the RTD system, the
            approved highway plan, or land  use plans.

        d.   The requirement that RTD submit within a specified
            period a plan for reducing the  air pollution impact
            of any system change.

    2.  The Commission will promulgate a regulation requiring
        DRCOG to submit an annual report on the progress of the
        entire JRPP plan.

    3.  The Commission will promulgate a regulation which requires
        no new highway construction unless  such construction is
        consistent with the approved highway construction plan.
        Exceptions will be permitted only if a review shows that
        the air quality impact is not adverse but is beneficial
        and consistent with the overall land use plan.
    4.  An amendment will be enacted to the Coloraio Air Pollu-
        tion Control Act to provide the power needed for absolute
        review authority for all new sources and indirect sources.
        The indirect source review authority may be delegated to
        regional authorities or local authorities with final
        review by the Air Pollution Control Commission.

        Regulations to be promulgated under this amendment include;

        a.   The stipulation that the review criteria for indirect
            sources include compliance with the JRPP plan.
        b.   The coordination of indirect source review with the
            development controls specified in House Bill 1041,
            which amends the Land Use Act.
Intergovernmental cooperation is essential for the success of this plan.
The agency assigned overall responsibility for the implementation and

operation of the maintenance plan is the Air Pollution Control Commission.

Enforcement of the plan is to be the responsibility of the Division of

Air Pollution Control.  In addition, it is necessary to provide for
formal information links between the APCC and the Land Use Commission in

order to coordinate indirect source review with the land development

permit system.  This will be accomplished through periodic meetings
                               200

-------
attended by representatives of both bodies and joint public hearings
or permit requests.   (An alternative not recommended here but perhaps
worthy of consideration would be to make the APCC a formal member of
the JRPP, thus facilitating the coordination which is needed.)

Costs of this maintenance strategy package include any additional man-
power and monitoring equipment costs.  It is felt that the nature of the
maintenance plan is such that no significant additional burden is placed
upon any of the involved agencies.  Thus, a minimal cost is assigned to
the air quality maintenance plan.

EXPECTED AIR QUALITY IMPACT OF STRATEGY

As noted earlier, the air quality analysis for this report was based upon
data from the approved JRPP plans.  It is of particular importance that
the travel information used for projecting CO and HC emissions are based
upon the JRPP reports and analysis; greater travel activity would entail
increased emissions.

Table 40 lists a number of parameters for two cases, the JRPP approved
plan and an alternative based upon continuing present trends ("sprawl").
As the table shows, the JRPP plan would not necessarily entail less  total
socioeconomic activity  in the area as a whole (see below) but would
concentrate it more (CBD employment would be greater) and would provide
much more transit service.  At the end of the forecasting period for this
report, 1985, the JRPP plan would involve an estimated 1.5 million vehi-
cle-miles of travel per day less than would the alternative, a difference
of nearly 6 percent.  The difference would actually be greater than that
in 1985 because the proposed rapid transit system would be just going
into full operation.  The system is included in the year 2000 total
travel figures,  but transit ridership would not be expected to increase
to the values estimated by linear interpolation.  The effective benefit
of the strategy will be greater in certain areas.  Because of the high
reliance on transit, peak concentrations of traffic and of pollutants

                               201

-------
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                                                               202

-------
will be greatly reduced.  No data is available for quantitative estimates

of this effect.  The comparison in Table 40 is based upon two cases with

the same total population but different distributions of population and

different transportation systems.  Without the controls proposed here,

the total socioeconomic activity and associated travel volumes could be

substantially greater than assumed in Table 40.  Consider the following:
        The Denver Metropolitan Area, since the 1970 Census,
        has been growing at an unprecedented rate.  The over-
        all increase in the 1960's was at a rate of slightly
        less than 3.0 percent on an average yearly basis, while
        in the three subsequent years, the annual growth rate
        has been estimated at 3.3 percent in 1970, 4.4 percent
        in 1971 and 5.3 percent during 1972 .  . .

        . . .Long-term forecasts show the potential of a
        tripling in size of the metropolitan area in less
        than thirty years . . . Without stretching the imag-
        ination, a 'reasonable1 forecast of population can
        range anywhere between 2.2 and 3.9 million people
        for the Denver Metropolitan Area by the year 2000.
        The Joint Regional Planning Program has adopted a
        conservative estimate of about 2,350,000 people as
        a desirable level for the year 2000 .  . . 1
If population were to grow to 3.9 million in 2000 instead of to 2.35

million, as assumed in the JRPP plan, and if travel should increase pro-

portionally, automotive emissions would be 66 percent greater than would

be forecasted using the JRPP projected population, resulting in poorer

air quality.


MAINTENANCE MEASURES


Construction of a Rapid Transit System


The Regional Transportation District (RTD) is a transportation authority

for the Denver metropolitan area created by Chapter 89, Article 20 of

the Colorado Revised Statutes.  RTD began to plan a mass transportation

system in 1970.  At the present time the RTD consists of Boulder,


                                203

-------
Jefferson, and Douglas Counties, the City and County of Denver, and the
western portions of Adams and Arapahoe Counties.  The public transporta-
tion plan developed by RTD is shown in Figure 41.  It consists of 100
miles of two-way guideways with 58 stations interconnected by automat-
ically controlled, demand-activated, 12-passenger vehicles.

In September, 1973 the voters in the Regional Transportation District ap-
proved a bond issue as part of the financing for the public transporta-
tion system.  In March 1974 RTD selected a systems engineering team to
develop detailed plans for the system.  Alternatives, exact routes,
environmental impacts, and detailed design are all still under study.
It is expected that construction of the Personal Rapid Transit (PRT)
system will take 10 years, so that the complete system will not be
available until 1983 or 1984, near the end of the period with which
this maintenance plan is concerned.  In the meantime, however,extensive
bus service increases are also planned and sections of the rapid transit
system will be utilized as they are completed.  The first phase of the
bus service increase, the Early Action Program, will involve acquisi-
tion of six existing bus companies and increasing the amount of bus
                              2
service by 61 percent by 1975.

No additional legislation is necessary in order to carry out the RTD
program for a rapid transit system and increased bus service.  RTD has
adequate taxation powers and bonding authority to construct the system
and operate it.  What is needed is for the RTD plan to become part of
the official State Implementation Plan (SIP).  The Colorado Air Pollution
Control Commission appears to have adequate authority under the Colorado
enabling legislation for state air pollution control (Chapter 66, Article
31) to allow the Commission to adopt the RTD plan (and other elements of
the Joint Regional Planning Program) as an official part of the SIP.  If
this proves not to be the case the necessary legislation should be
enacted.  It is recommended that the Commission adopt regulations incor-
porating the RTD rapid transit system into the official SIP.  The Early
                               204

-------
                                       PROPOSED REGIONAL
                                       TRANSIT SYSTEM 1983
                                       Personal Rapid Transit Network
                                       Regional Bus Service
                                       Local Bus Service
                                       Park-and-Ride Facility  A
Figure 41.   Joint Regional Planning Program transit  system
                              205

-------
Action bus portion of the RTD system is in the Colorado Transportation
Control Plan.  The regulations will include the following elements:
        An endorsement by the Commission of the RTD rapid transit
        plan as an element of a coordinated community development
        plan consistent with air quality goals.

        A requirement that RTD submit for the Commission's review
        any change in the plan which would significantly affect
        the expected impact of the system on the amount or location
        of automobile travel, or significantly affect air quality
        in the metropolitan area.

        A requirement that no permit be issued for air pollution
        sources which would be located in a manner which could
        interfere with construction or operation of the RTD sys-
        tem, or would interfere with the associated approved
        highway or land use plans.

        A requirement that RTD develop, within a specified period,
        a recommendation for reducing the air pollution impact of
        any system change (from 2 or 3 above) which had been deter-
        mined by RTD or the Commission to affect air quality
        maintenance.

        A related regulation will require the Joint Regional
        Planning Program (RTD, DRCOG, and the Colorado Division
        of Highways) to report annually to the Commission on the
        progress of the entire JRPP planning process.  Each annual
        report should identify the estimated impact on air quality
        of each project completed during the past year and the
        expected effect of all major plans or plan changes adopted
        during the past year.  (This could also be accomplished by
        requiring APCC approval of certain key reports issued as
        part of the regional transportation planning process,
        such as the annual Work Program and Unified Regional Trans-
        portation Work Program, the Annual Report, or the Operations
        Plan.  This also could be combined with the review required
        by 23 U.S.C. 109 (j) and described below.)
The  recommended  regulations will  provide  a  legally enforceable basis  for
using  the RTD  plan  in  the SIP  and will  provide a  framework  for incorpo-
rating air  quality  considerations in  the  detailed planning  process  and
in subsequent  changes.  Furthermore it  will  provide  an  important  tool
for  new source review.  One of the criteria  in 40 CFR 51.18 for review
of new sources is whether the  source  would  violate an adopted control
strategy in the  SIP; a new source could not  be approved under the


                              206

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proposed regulations if it would be inconsistent with the JRPP plans for
the transit system  (or associated highways and land use).  Also, the
regulations provide for monitoring the long process of implementing the
plans.  These regulations will be enacted within one year, as part of
preparation of the maintenance plan required by June 1975.

Implicit in the use of the JRPP plan as a maintenance strategy is the
need for coordination between the agencies responsible for the JRPP
plan (the Colorado Division of Highways,  the Denver Regional Council of
Governments and the Regional Transportation District, and the local
government members of RTD and DRCOG) and the Colorado Air Pollution
Control Commission and Division.  DRCOG and RTD will develop explicit
methods for incorporation of air quality considerations into their plan-
ning process, in a quantitative way.  This is to be done internally
or arrangements will be made for technical assistance from the Air
Pollution Control Division or from DRCOG.

To a large extent, existing Federal regulations applicable to planning
and construction of transportation systems already require extensive
community and agency cooperation and involvement, and require analysis
of air quality (as well as other environmental effects), so existing
intergovernmental frameworks and processes should suffice.

The procedures for that planning, and how they can be related to air
quality maintenance plans, have been discussed at length in recent
        345
reports. ' '    The requirements for interagency cooperation in trans-
portation planning are briefly summarized as follows.

    1.  Federal law (23 U.S.C. 134) requires state governors to
        designate areawide transportation planning agencies for
        all urban areas with 50,000 people or more, which in
        turn are required to conduct the "continuing, comprehen-
        sive, cooperative" (3-C) planning process for multi-modal
        transportation systems.  Regulations specify that this
        planning must include a formal procedure for responding
        to the needs and desires of local governments, including
        public hearings.  Numerous specific reports (some referred
        to above) are required to be issued.

                              207

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    2.  The Urban Mass Transportation Assistance Act of 1970 (and
        other legislation) requires that all applications for
        Federal funds for planning or construction of transporta-
        tion facilities be submitted to the areawide planning
        agency designated as responsible for metropolitan and
        regional planning (the so-called A-95 review process).
    3.  The National Environmental Policy Act requires prepara-
        tion of environmental impact statements for all major
        federal actions significantly affecting the environment
        (such as grants for transportation facilities).  Guide-
        lines for preparing such statements require extensive
        opportunities for public and government involvement and
        comment.
    4.  Federal law (23 U.S.C. 109 (j)) and related regulations
        require that each 3-C planning agency annually review
        the transportation plan to insure it is consistent with
        the SIP.
In the Denver area, the designated areawide 3-C planning agency is the
Joint Regional Planning Program, jointly operated by the Division of
Highways, the Denver Regional Council of Governments and the Regional
Transportation District.  DRCOG is also the designated agency for A-95
review and for coordinating the review of environmental impact state-
ments.  Since RTD and DRCOG are statutorily composed of representatives
from the county governments in their respective planning areas, inter-
governmental cooperation mechanisms are inherent.  These relationships
could be modified by formally establishing criteria for incorporating
air quality considerations in planning, such as through additional
APCC regulations.

Creation of Activity Centers

A major feature of the JRPP land use plan is development of 13 activity
centers.  These centers are described as aggregations of urban activity
large enough to be primary generators of large internal activity.  They
are expected to be terminal locations for the rapid transit system.
Their creation will serve a twofold purpose.  First, it will tend to
lessen the air pollution now centered around Denver by redirecting some
                              208

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of the future growth.  Secondly, to the extent that large numbers of
individuals are expected to live, work, and shop in the activity centers,
VMT will be reduced.

The activity centers recommended by the JRPP are listed below.
Boulder

Northglenn

Arvada
Federal Center
Villa
Alameda
Denver CBD
Medical Center

Cherry Creek
South Colorado

Englewood
Technological Center

Littleton
University of Colorado/Crossroads Shopping Area/
CBD
Northglenn Shopping Area/Western Electric Front
Range Denver Area
Old CBD/Tri-Center Area
Federal Center/Community College/Westland Areas
Villa Italia Shopping Center
Alameda/I-225 Area
CBD/Auraria/Skyline Area
University of Colorado Medical Center/Colorado-
Colfax Area
Cherry Creek Shopping and Residential Area
Colorado Boulevard/I-25 Area/University of Denver/
University Hills
Englewood CBD/Cinderella City Shopping Center
Area of Denver Technological Center/Greenwood
Plaza
Littleton CBD Area
No additional legislation is needed to create activity centers.  Instead,
their evolution is dependent upon the construction of the rapid transit
system as well as the JRPP highway plan.  Air contaminant emission per-
mit review will also serve as a prime tool in activity center creation.

Construction of the JRPP Highway System

The Joint Regional Planning Program (JRPP) for the Denver metropolitan
area includes an approved highway plan intended to coordinate with and
complement the RTD public transportation plan.  This plan is shown in
                               209

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Figure 42.  The limited access and principal arterial portions of this
plan have been approved, and work in underway to develop a construction
program.  This plan was the basis for the travel estimates used in this
study for computing future air quality.

No new legislation is required for completion of the highway program,
except for construction appropriations.  Regulations will be adopted by
the Air Pollution Control Commission to require that no highways be
built unless they are consistent with this approved plan, exceptions
being permitted after a specific review for the air quality impact of
the change.  (Present practice is for highway construction to be re-
viewed by the Air Pollution Control Division for its effect.)  The intent
of this regulation is not to encourage highway construction but rather
to insure that no major highway links beyond the JRPP plan are built
without review for air quality.  This regulation will complement indirect
source review in that it will apply to any link on the JRPP plan even
if such a link does not require indirect source analysis (only major
highways are subject to indirect source review under EPA regulations).
(DRCOG is at present planning to conduct an analysis of the air quality
impact of the JRPP system.)

In this connection it should be noted that the air quality analysis per-
formed for this report is a macroscale analysis and not sufficiently
detailed to demonstrate whether particular highway links would or would
not satisfy the requirements for such indirect sources.  It is recom-
mended that a detailed areawide highway system review be undertaken
separately, before the Commission endorses the JRPP plan.  (The DRCOG
review may suffice for this purpose.)  Both this review and the proposed
regulations will be completed by June, 1975.

As with the RTD system, this measure will involve cooperative arrange-
ments among the JRPP members and the Air Pollution Control agencies.
EPA will be more involved in this case, because of the explicit re-
quirement in both EPA and Federal Highway Administration regulations for

                               210

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                                 JOINT REGIONAL PLANNING  PROGRAM

                                          HIGHWAY PLAN
                                        	 LIMITED ACCESS FACILITY
                                        	PRINCIPAL ARTERIAL
Figure 42.   Joint Regional  Planning Program highway plan
                          211

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review of the air quality impact of highways.  To a large extent the

cooperative efforts for highway planning are already institutionalized

and involve the very agencies proposed here to be involved.


As with other types of transportation facilities, procedures for planning

highways and their relationship to air quality maintenance planning
                                      n I  f-
have been described in recent reports. ' '   These processes can be sum-

marized as follows.

     1.   Federal-aid highways must be planned as part of the multi-
          modal 3-C process, described earlier for other transporta-
          tion systems, and are subject to the environmental impact
          and A-95 review processes.

     2.   State highway agencies must prepare "Action Plans" to
          "assure that adequate consideration is given to possible
          social, economic, and environmental effects of proposed
          highway projects ..."  These Action Plans must provide
          for "involvement of other Federal, state, and local
          agencies . . . and interested groups ..."  in both
          Action Plan preparation and highway planning.6  Colorado
          has completed such an Action Plan.

     3.   Federal regulations (23 CFR 770) require that highway
          agencies coordinate with the 3-C agencies and air pollu-
          tion control agencies to establish a process for con-
          tinuing review of the consistency of the transporta-
          tion plan and the state implementation plan for air
          quality.


Thus, these requirements already involve DRCOG, the Division of Highways,

local governments, and the Federal agencies in an established framework

for  intergovernmental  cooperation  in  highway  planning.  Little  new  ef-

fort  is expected  to be necessary for  this measure.


IMPLEMENTATION TOOLS
The two primary tools for ensuring the implementation of the maintenance
measures are the air contaminant emission permit and the land development
permit systems.  These two items are discussed below.
                               212

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Air Contaminant Emission Permit

EPA regulations (40 CFR 51.18) require that each state shall have legally
enforceable procedures to determine whether the construction or modifica-
tion of a facility will interfere with the attainment or maintenance of a
national standard either directly because of emissions from it, or in-
directly, due to emissions resulting from mobile source activities
associated with it.  Such procedures must include means by which an
application for approval to construct or modify will be denied if it
would result in the interference with the attainment or maintenance of
the standard.

The Colorado Air Pollution Control Act of 1970, as amended, prohibits the
construction or operation of new direct or indirect sources of air pol-
lution without first filing an "air contaminant emission notice" and then
obtaining a valid permit therefor  from the Air Pollution Control Com-
mission.  However, no permit is required for new indirect sources until
regulations regarding the permits for such sources are promulgated by
the Commission; to date, no such regulations have been promulgated.   The
permits are to be denied if the applicable emission standards are not
met or if it is determined to interfere with the attainment or main-
tenance of the federal ambient air standards unless the proposed project
or activity utilizes the best practical (reasonably available control)
technology.   The law (66-31-15) also provides a variance process which
allows variances to be granted if compliance with emission control
regulations would create an "unreasonable economic burden."  Note, how-
ever, that under either EPA or Colorado regulations only sources over a
certain size require permits.

This appears not to provide the authority required by 40 CFR 51.11 be-
cause permits can be granted through the Colorado variance procedure
even if the requirements of Federal regulations are not met.   At pre-
sent Colorado has not promulgated regulations specifically for indirect
source review.  In the absence of Colorado regulations, EPA regulations

                               213

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published in the Federal Register on 25 February 1974 and amended on
9 July 1974 make review of new or modified indirect sources in Colorado
(and other states) subject to EPA control under 40 CFR 52.22 (see Sec-
tion II).  The Colorado Air Pollution Control Commission did, on April
26, 1973, adopt a policy related to indirect sources.  In that policy
statement the Commission requested "that the Colorado Legislature
recognize the importance of and pass legislation mandating the joint
use of Land Use and Transportation planning as necessary tools for the
attainment and maintenance of publicly acceptable levels of air quality
by granting sufficient powers to appropriate agencies for this purpose."

A policy will be formulated and adopted which incorporates the JRPP land
use and transportation plans in the air contaminant emission permit re-
view process.  The approved JRPP plan will be a criterion for judging
whether new sources are appropriate.  This will complement the other
recommended measures involving the JRPP plan in maintenance of air qual-
ity, and provide a regulatory tool for fostering orderly development in
accordance with the JRPP plan.  In essence, new sources could not be
built if they were not consistent with the JRPP plan, as for example
in the case where the new shopping center would violate the growth center
concept.

Several legal actions are required to implement this recommendation.
First, the Colorado legislature needs to enact a change in the Air Pol-
lution Control Act to provide the absolute authority required by Federal
regulations.  Also, the law should provide for delegation of the indirect
source review authority to regional or local authorities.  Next, the
Commission should enact the detailed regulations necessary to control
new sources.  These regulations will include the following elements:
     1.   Establish or reiterate (as necessary) that the criteria
          for review of air contaminant emission permit requests
          in the JRPP area include the question of compliance with
          the JRPP plan.
                               214

-------
     2.   Provide for coordination of indirect source review with
          the provisions under Colorado House Bill 1041 for control
          of development around key facilities such as highways.
All these regulations and legislative actions should be completed by
June 1975.

The JRPP planning process is already founded on a well-established co-
operative basis.  This proposal will add to the use of the established
coordination functions and strengthen DRCOG's role in ensuring the co-
ordinated, orderly development of the Denver metropolitan area.  Added
cooperation will be required between DRCOG and the Colorado Air Pollu-
tion Control agencies, as is required for the other measures involving
the JRPP plan.

Land Development Permits

House Bill 1041 amended the state Land Use Act by providing for the
identification, designation, and administration of areas and activities
of state interest.  While it is primarily a local government responsi-
bility to designate and administer areas of state interest, the Colorado
Land Use Commission is given the authority to review such designations
and administration guidelines.  Furthermore, the Land Use Commission
may submit a formal request to a local government to take action with
regard to a specific matter which the Commission considers to be of
state interest.

Among the enumerated state area interests are interchanges involving
arterial highways as well as rapid or mass transit terminals, stations,
and fixed guideways.  Thus, the JRPP plan and hence the maintenance
plan includes areas of state interest.  As such, development permits
will be required in these areas before such development can take place.
To this extent, H.B. 1041 can serve to control growth in accordance
with the JRPP plan.  These development permits are needed to supplement
                               215

-------
air contaminant emission permits in part because small sources (such as
minor indirect sources) require no emission permits.

SOCIAL AND ECONOMIC IMPACTS

As has been mentioned, the components of the JRPP plan which were selected
as maintenance measures include the transit plan, the highway plan,
and the concept of activity centers.  Since the transit plan is by far
the most significant of these in terms of impact, the following dis-
cussion will focus on it, with analysis of the highway and activity
centers relegated to secondary consideration.

The discussion is organized as follows.  First the impacts on the social
system are analyzed.  These impacts include not only objective considera-
tions, but certain subjective considerations as well.  Economic impacts
are discussed next.  The effects of the system on employment, income,
and business establishments are included under this category as are the
effect on the system on the state budget and on energy consumption.  This
discussion is by no means meant to be a detailed analysis of the pro-
posed transportation plan.  Instead, it is only meant to display the
possible areas of resistance to the JRPP plan implementation.

There are two major social impact areas.  On the positive side is the in-
creased mobility which such a transportation system would bring about.
The main negative area of impact is the removal of houses and relocation
of the residents caused by guideway and station construction.

Mobility is perhaps the most obvious social area affected by a transpor-
tation system.  Preliminary studies conducted for the RTD have indicated
a widespread increase in mobility for the population as a whole.  For
upper and middle income families, the increased mobility is in the form
of having an alternative to the automobile.  Low income families, which
comprise the bulk of transit-dependent individuals along with the phys-
ically handicapped and school-age youth, stand to benefit the most from

                               216

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a mass transit system.  While there do exist certain gaps in service to
some transit-dependent areas, the group as a whole should be well served.
For example, the elderly and physically handicapped will have much bet-
ter access to hospitals and clinics once the complete system has been
constructed.  One drawback does exist, however.  As planned, several
transit-dependent areas have to rely on feeder bus service to the rapid
transit station.  This involves both a time and pecuniary penalty to
these individuals.  This penalty is offset to some extent by increased
job mobility, which is discussed later.

Relocation of individuals occurs when rapid transit corridors go through
residential areas.  In general, the approved rapid transit routes do not
bisect any identifiable neighborhood units.  There are some areas, how-
ever, where displacement of existing housing occurs.  This must be con-
sidered a negative impact.

A final social impact is subjective in nature and has to do with the
reaction of residents of affected neighborhoods to a rapid transit sys-
tem and the proposed highway system.  In general there is some reaction
by certain neighborhoods to either additional highways or a rapid transit
network going through their area.  Obviously not all neighborhoods can
be satisfied but the plan appears to be flexible enough to mitigate at
least a portion of these negative feelings through public participation
meetings.

The economic impacts of the JRPP plan are impacts on employment, income,
and business establishments.  Employment in the area is affected in two
ways.  First, the construction and later the operation of a rapid transit
system will create additional employment opportunities.  One study esti-
mated that 8,000-10,000 jobs would be provided in the construction in-
dustry over the 25-year construction period.  Secondly, to the extent
the transit plan increases accessibility, labor force mobility will be
                               217

-------
increased.  This in particular may prove to be a major benefit to low-
income groups since their geographic range of employment opportunities
will be increased.

Table 40 gives the three annual budgets for "typical" four person fami-
lies.  The impact on household income arises from two areas.  The first
area has to do with the method of financing.  The method adopted by the
Colorado legislature revolves around a 0.5 precent sales tax.  As shown
by the table below3 at best this is a proportional tax, and to a small
extent is income regressive in nature.  The point is that as a percentage
of total income, lower income groups will be contributing as much to
the transportation financing as the intermediate and upper income groups.

This is compounded by the fact that in several low income areas there
is to be no rapid transit service, but instead feeder bus service.

                IMPACT OF TRANSPORTATION PLAN SALES TAX
Taxable
income3
$4,582
6,563
9,127
0.5%
sales tax
$22.91
32.82
45.64
Rebateb
$1.17
1.17
1.17
Net tax
$21.74
31.65
44.47
Net tax.
income
0.27%
0.26%
0.26%
Four-family   Annual
budget level  income
Lower         $ 7,976
Intermediate   12,107
Higher         17,422
o
 Taxable income is composed of 100 percent of food, clothing, personal
 care, and other family consumption as well as 40 percent of transpor-
 tation and housing expenditures.
 Present rebate is $7 for the 30 percent tax, therefore, the RTD rebate
 would be 0.5
          3.0
                £ x $7 = $1.17.
A second impact of the transportation system on household income has to
do with transportation costs themselves.  Transportation cost reductions
are expected to be greatest for lower income families who work in the
industrial and commercial areas served by the rapid transit/bus system.
                              218

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                                                      219

-------
The actual impact will be dependent upon the finalized rate structure
(projected to be an average of $0.35 per trip) as well as the final
route alignment.

The third economic impact area has to do with the effect of the trans-
portation system on the commercial business establishment.  Surveys
conducted by the RTD have shown that only one-half of the respondents
felt that the rapid transit system would affect them.  However, the
overall effect of the mass transit/bus system will be to concentrate
shopping activities in areas reserved for the rapid transit system.
This may force some business establishments to relocate to these re-
served areas or suffer possible loss in revenues.

In conclusion, the overall socioeconomic impact of the RTD transporta-
tion plan appears to be generally favorable.
                               220

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                              REFERENCES
1.  Joint Regional Planning Program,  Regional Development  Policy.   A
    Growth Policy Strategy for the Regional Study Area.  Technical
    Memorandum 1-1/001,  December 1973.

2.  Regional Transportation District.  Early Action Program.   (Undated.)

3.  Alan M. Voorhees and Associates,  Inc.   Guidelines for  the  Review of
    Urban Transportation Plans and Programs Pursuant to  23 CFR 770.204.
    Environmental Protection Agency,  Office of Air Quality Planning and
    Standards, Research  Triangle Park,  North Carolina, Draft,  April 26,
    1974.

4.  U.S. Environmental Protection Agency,  Office of Air  and Waste
    Management, Office of Air Quality Planning and Standards.   Guidelines
    for Air Quality Maintenance Planning and Analysis.  .Vol. 4:  Land
    Use and Transportation Considerations.   Research Triangle  Park,  North
    Carolina, June 1974.

5.  U.S. Environmental Protection Agency,  Office of Air  and Waste
    Management, Office of Air Quality Planning and Standards.   Guidelines
    for Air Quality Maintenance Planning and Analysis.   Vol. 2:  Plan
    Preparation.  Research Triangle Park,  North Carolina,  June 1974.
                                221

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                            APPENDIX A

           ECONOMIC DATA FOR THE DENVER AQMSA BY COUNTY


This appendix contains general economic data for the Denver Air Quality

Maintenance Study Area, compiled by county.   This data was originally
presented in "Policy Analysis for Rural Development and Growth Management
in Colorado", a report prepared for the Colorado Rural Development  Com-

mission by the Denver Research Institute,  University of Denver.


EXPLANATION OF COUNTY DATA SHEETS


 1.  The 1970 population per the U.S. Census of Population.

 la. The percent change in population 1950-1960 and 1960-1970.

 2.  Relative income, or this county's median family income as a percent
     of median family income for Colorado, per Census of Population.

 3.  The percent of families with income below the poverty level per  the
     1970 Census of Population.

 4.  Labor participation rate, or percent of population employed, per
     Census of population.

 5.  Total employment of residents of the county per Census of Population.

 6.  Unemployment as a percent of total civilian labor force per Census  of
     Population.

 7.  Per capita tax income to the State of Colorado is represented  by the
     county sum of state income tax liability plus state sales tax collec-
     tions divided by the population.

 8.  Per capita welfare costs to the state are the state's contribution  of
     state funds (only) divided by population.
                                A-l

-------
 9.   Per capita education costs are total payments to school districts of
     state funds divided by population.

10.   This figure shows the surplus (S)  or deficit (D) of state taxes
     collected compared with education  and welfare expenditures.

11.   The percentage of employed residents of the county in each of 10
     sectors of the economy.  (The parenthetical numbers are absolute
     numbers, in addition to the percentages.)

12.   This is a subjective statement of  the first order determinants of
     change in population and economic  activity.  Agricultural employment
     almost invariably shows substantial decreases over the 1950-1970
     period because of greater economic efficiency in agricultural pro-
     duction.  This increased productivity was such that, given a constant
     production level between 1950 and  1970:

           employment in raising meat animals would have halved;
           employment in raising feed grains would decrease to one fifth;
           employment in raising hay would have halved;
           employment in raising food grains would decrease to one third;

     according to Changes in Farm Production and Efficiency, USDA.

     In the same period, coal mining employment would similarly have
     dropped to about a third of its original level, with constant output.

     These increases in productivity have greatly affected employment and
     population in Colorado farming, ranching and coal mining counties.
ADAMS COUNTY


County Seat:  Brighton; population: 8,309

 1.  1970 population: 185,789

 la. Percent change 1960-1970:  54.4
     Percent change 1950-1960: 199.0

 2.  Median income as percent of state average:  1970:  108.9
                                                 1960:  110.0
                                                 1950:  102.2

 3.  Percent families below poverty level:  18.1

 4.  Percent of population employed:  1970:  37.3
                                      1960:  33.8
                                      1950:  31.2
                                A-2

-------
 5.  Actual employment:
1970:
1960:
1950:
                                69,284
                                40,626
                                12,571
 6.  Percent of labor force unemployed:



 7.  Tax income to state:   $101.15

 8.  Welfare costs to state:   $9.03

 9.  Education costs to state:   $71.19

10.  Per capita surplus or deficit:  $20.93 S

11.  Percent employed by industry:   1970
                                         1970:  4.0
                                         1960:  3.5
                                         1950:  3.9
         agriculture
         mining
         construction
         manufacturing
         transportation
         trade
         services,  including
           lodging  and finance
         health services and
           other professions
         education
         public administration
                          1960

            2.4            4.3
            0.6            0.6
            7.5            9,5
           18.9 (13138)    21.2
           11.0           12.0
           25.2           21.7

           13.5           13.0

            8.0            4.9
            6.3            4.4
            2.9            6.2
                                                                1950

                                                                20.5
                                                                 0.2
                                                                10.5
                                                                15.0 (1886)
                                                                10.4
                                                                18.3

                                                                10.0

                                                                 5.6
                                                                 2.8
                                                                 4.8
12.  Agricultural employment declined somewhat, but manufacturing em-
     ployees increased sevenfold and bedroom communities thrived as the
     Denver metropolitan area grew.
ARAPAHOE COUNTY


County Seat:  Littleton; population:  26,318

 1.  1970 population:  162,142

 la. Percent change 1960-1970:   42.9
     Percent change 1950-1960:  117.6

 2.  Median income as percent of state average:  1970:  126.2
                                                 1960:  123.5
                                                 1950:  107.9

 3.  Percent families below poverty level:  4.6
                                A-3

-------
 4.   Percent  of population employed:   1970:   39.2
                                      1960:   35.4
                                      1950:   35.0

 5.   Actual employment:   1970:   63,500
                         1960:   40,168
                         1950:   18,238

 6.   Percent  of labor force unemployed:   1970:   2.8
                                         1960:   3.5
                                         1950:   3.2

 7.   Tax income to state:   $151.74

 8.   Welfare costs to state:   $5.35

 9.   Education costs to state:   $73.95

10.   Per capita surplus or deficit:  $72.54 S

11.   Percent employed by industry:  1970           1960          1950

         agriculture                 1.1            2.3           7.2
         mining                      1.6            1.1           0.3
         construction                6.4            8.2          12.0
         transportation              7.3            7.7           9.9
         manufacturing              17.7           25.5          17.7
         trade                      23.5           19.2          21.9
         services, including
           lodging and finance      15.8           14.9          13.4
         health services and
           other professions        11.7            7.8           5.8
         education                   8.5            5.0           3.7
         public administration       5.8            5.8           6.0

12.   Typical of Denver metropolitan area growth.  Manufacturing grew
     steeply in the 1950's (Martin - Denver) and eased.  Trades and
     services have continually grown with suburbanization.  Relative
     income is high.


BOULDER COUNTY
County Seat:  Boulder; population:  66,870

 1.  1970 population:  131,889

 la. Percent change 1960-1970:  77.6
     Percent change 1950-1960:  53.7
                                A-4

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 2.  Median income as percent of state average:
                                                 1970:   117.2
                                                 1960:   105.8
                                                 1950:    94.2
 3.  Percent families below poverty level:   5.6

 4.  Percent of population employed:   1970:   39.8
                                      1960:   36.9
                                      1950:   33.5
 5.  Actual employment:
                         1970:   53,482
                         1960:   27,382
                         1950:   16,160
 6.  Percent of labor force unemployed:
                                         1970:   4.4
                                         1960:   3.1
                                         1950:   6.7
 7.  Tax income to state:   $126.59

 8.  Welfare costs to state:   $7.63

 9.  Education costs to state:   $48.72

10.  Per capita surplus or deficit:  $70.24 S

11.  Percent employed by industry:  1970

         agriculture
         mining
         construction
         manufacturing
         transportation
         trade
         services, including
           lodging and finance
         health services and
           other professions
         education
         public administration
12.9

10.5
18.3
 5.8
               1960
15.7

 7.9
14.8
 6.6
                                                                 1950
1.8
0.6
5.5
21.0
5.0
18.0
5.3
1.1
8.3
13.2
5.2
19.2
11.4
3.8
9.3
7.7
6.2
20.4
                                                                 16.5

                                                                  5.6
                                                                 14.8
                                                                  3.3
12.   Manufacturing employees living in Boulder County increased ninefold,
     1950-1970.   Educational employment boomed as the University grew.
     Boulder also became more of a bedroom community for the Denver metro
     area.   Relative income went up substantially.
                                A-5

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CLEAR CREEK COUNTY
County Seat:  Georgetown:  population:  542

 1.  1970 population:  4,819

 la. Percent change 1960-1970:   72.5
     Percent change 1950-1960:  -15.1

 2.  Median income as percent of state average:  1970:  101.4
                                                 1960:   88.5
                                                 1950:   95.3

 3.  Percent families below poverty level:  5.7

 4.  Percent of population employed:  1970:  42.2
                                      1960:  39.0
                                      1950:  32.6

 5.  Actual employment:  1970:  1,987
                         1960:  1,088
                         1950:  1,236

 6.  Percent of labor force unemployed:  1970:  4.1
                                         1960:  4.5
                                         1950:  4.2

 7.  Tax income to state:  $109.77

 8.  Welfare costs to state:  $13.00

 9.  Education costs to  state:  $30.28

10.  Per capita surplus  or deficit:  $66.49 S
 11.  Percent employed by  industry:   1970

         agriculture
         mining
         construction
         manufac tur ing
         transportat ion
         trade
         services, including
            lodging and finance
         health services  and
            other professions
         education
         public administration
               1960
17.3

 5.0
 5.8
 7.3
20.0

 2.7
 6.3
 5.4
              1950
1.0
13.4
18.1
6.7
4.5
20.4
1.6
5.5
15.3
7.3
9.5
25.1
3.6
9.3
20.7
4.7
7.2
24.3
16.9

 3.4
 4.5
 3.9
                               A-6

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12.  Mining, construction and tourism all grew between 1960 and 1970 to
     double the county's population.  Natural resources and proximity to
     Denver accounted for this growth.
DENVER COUNTY
County Seat:  Denver

 1.  1970 population:  514,678

 la. Percent change 1960-1970:   +4.2
     Percent change 1950-1960:  +18.8

 2.  Median income as percent of state average:  1970:  101.0
                                                 1960:  110.1
                                                 1950:  115.8

 3.  Percent families below poverty level:  9.4

 4.  Percent of population employed:  1970:  41.3
                                      1960:  39.8
                                      1950:  40.2

 5.  Actual employment:   1970:  212,695
                         1960:  196,383
                         1950:  167,218

 6.  Percent of labor force unemployed:  1970:   4.1
                                         1960:   3.7
                                         1950:   4.1

 7.  Tax income to state:   $165.65

 8.  Welfare costs to state:   $17.51

 9.  Education costs to state:  $26.37

10.  Per capita surplus or deficit:  $121.77 S

11.  Percent employed by industry:   1970           1960

         agriculture
         mining
         construction
         manufacturing
         transportat ion
         trade
         services, including
           lodging and finance
                             1950
0.7
1.0
5.1
14.9
7.9
23.0
0.8
0.8
5.3
18.0
8.3
21.7
0.9
0.3
7.0
16.7
11.7
25.3
18.0
16.8
17.5
                                A-7

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11.  (continued)                    1970           1960          1950
         health services and
           other professions        12.4            9.4           8.0
         education                   8.0            5.1           3.9
         public administration       6.7            7.7           7.1

12.  Growth has been physically constrained by contiguous incorporated
     suburbs.  There has been substantial white out-migration to suburbs,
     and in-migration by blacks and browns.  Relative income dropped,
     1950-1970.  However, Denver is the core of the fast growing Denver
     Metropolitan Area, a beneficiary of the national trend toward
     urbanization and of the area's attracting power for in-migration.
DOUGLAS COUNTY


County Seat:  Castle Rock; population:  1,531

 1.  1970 population:  8,407

 la. Percent change 1960-1970:  +74.6
     Percent change 1950-1960:  +37.3

 2.  Median income as percent of state average:  1970:  115.3
                                                 1960:   89.2
                                                 1950:   88.1

 3.  Percent families below poverty level:  8.2

 4.  Percent of population employed:  1970:  37.9
                                      1960:  34.1
                                      1950:  38.6

 5.  Actual employment:  1970:  3,207
                         1960:  1,643
                         1950:  1,352

 6.  Percent of labor force unemployed:   1970:  3.1
                                          1960:  1.2
                                          1950:  1.6

 7.  Tax income to state:  $106.32

 8.  Welfare costs to state:  $6.88

 9.  Education costs to state:  $77.31

10.  Per capita surplus or deficit:   $22.13 S
                                A-8

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11.  Percent employed by industry:  1970           1960          1950
         agriculture                11.1 (360)     17.3          40.2 (540)
         mining                      1.3            0.5           0.7
         construction               12.2 (394)      9.9           7.7 (104)
         manufacturing              16.1 (519)     24.0          15.2
         transportation              7.7            8.9           6.1
         trade                      15.0           14.1          10.1
         services, including
           lodging and finance      12.2 (360)      8.3           7.8
         health services and
           other professions         8.6            4.4           2.1
         education                  10.6 (343)      4.8           3.8 ( 51)
         public administration       4.5            4.3           4.0

12.  Agricultural employment has declined and manufacturing has increased
     but the main change has been the new identity of Douglas County as a
     residential community with relatively massive increases in residents
     employed in construction, education, and real estate-financial em-
     ployment.  Relative income is up to a level typical of Denver's
     suburban counties.
GILPIN COUNTY


County Seat:  Central City; population:  228

 1.  1970 population:  1,272

 la. Percent change 1960-1970:   +85.7
     Percent change 1950-1960:   -19.4

 2.  Median income as percent of state average:  1970:  76.6
                                                 1960:
                                                 1950:

 3.  Percent families below poverty level:   12.7

 4.  Percent of population employed:  1970:  32.4
                                      1960:  39.0
                                      1950:  36.7

 5.  Actual employment:  1970:   389
                         1960:   267
                         1950:   312

 6.  Percent of labor force unemployed:  1970:   5.1
                                         1960:   2.6
                                         1950:  10.3
                                A-9

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 7.   Tax income to state:   $85.38

 8.   Welfare costs to state:   $16.35

 9.   Education costs to state:   $4.48

10.   Per capita surplus or deficit:   $64.55 S

11.   Percent employed by industry:   1970           1960          1950

         agriculture                 0.0            4.1           6.4
         mining                      0.0            4.1           9.9
         construction               19.5           10.1          20.8
         manufacturing              10.7            4.8           4.5
         transportation              6.4           10.8          11.2
         trade                      16.4           25.8          22.8
         services, including
           lodging and finance      27.7           10.4           6.1
         health services and
           other professions         6.1            0.0           1.6
         education                   1.2           11.6           6.1
         public administration      11.6           12.3           7.7

12.   Recreation-related service employment picked up in the 1960's.


JEFFERSON COUNTY


County Seat:  Golden; population:  9,817

 1.   1970 population:  233,031

 la. Percent change 1960-1970:    +82.7
     Percent change 1950-1960:   +129.0

 2.   Median income as percent of state average:  1970:  126.1
                                                 1960:  124.6
                                                 1950:  110.3

 3.   Percent families below poverty level:  4.1

 4.   Percent of population employed:  1970:  40.8
                                      I960:  38.1
                                      1950:  35.9

 5.   Actual employment:  1970:   95,000
                         1960:   48,527
                         1950:   19,971
                               A-10

-------
 6.  Percent of labor force unemployed:  1970:  2.9
                                         1960:  2.7
                                         1950:  2.6

 7.  Tax income to state:  $140.37

 8.  Welfare costs to state:  $3.85

 9.  Education costs to state:  $59.38

10.  Per capita surplus or deficit:  $77.14 S

11.  Percent employed by industry:  1970           1960          1950

         agriculture                 1.2            2.1           8.1
         mining                      1.7            1.1           0.7
         construction                7.6            9.5          13.0
         manufacturing              17.4           19.9          15.6
         transportation              7.8            8.6          10.8
         trade                      22.9           20.9          21.2
         services, including
           lodging and finance      14.9           14.4          12.8
         health services and
           other professions         9.3            6.8           5.4
         education                   8.9            6.3           3.9
         public administration       7.6            8.0           7.5

12.  Denver Metro Area growth is typified here.


LARIMER COUNTY


County Seat:  Fort Collins; population:  43,337

 1.  1970 population:  89,900

 la. Percent change 1960-1970:  +68.5
     Percent change 1950-1960:  +22.5

 2.  Median income as percent of state average:  1970:  93.9
                                                 1960:  86.5
                                                 1950:  89.9

 3.  Percent families below poverty level:   9.4

 4.  Percent of population employed:  1970:  37.9
                                      1960:  36.3
                                      1950:  34.8
                               A-ll

-------
 5.   Actual employment:   1970:   34,094
                         1960:   19,319
                         1950:   15,171

 6.   Percent of labor force unemployed:
1970:   5.4
1960:   4.5
1950:   4.9
 7.  Tax income to state:   $104.10

 8.  Welfare costs to state:  $10.72

 9.  Education costs to state:   $45.51

10.  Per capita surplus or deficit:  $47.87 S

11.  Percent employed by industry:  1970           1960
         agriculture
         mining
         construction

         manufacturing
         transportat ion
         trade
         services, including
           lodging and finance      13.0            9.1
         health services and
           other professions         9.6            5.7
         education                  20.5 (6995)    14.0
         public administration       4.1            4.5
                        1950
6.3 (2167)
0.3
7.1 (2450)

15.1 (5175)
4.4
19.0
11.2
0.6
8.9

13.0
6.2
18.9
18.6 (2765)
0.3
14.5 (2193)
dam bldg.
8.0 (1221)
5.2
18.7
                        14.4

                         4.0
                        10.0 (1521)
                         4.3
12.  A prosperous agricultural economy (augmented in 1950 by Reclamation
     construction) has grown rapidly, with fourfold increases in residents
     supported by manufacturing and education.
WELD COUNTY


County Seat:  Greeley, population:  38,902

 1.  1970 population:  89,297

 la. Percent change 1960-1970:  +23.4
     Percent change 1950-1960:   +7.2

 2.  Median income as percent of state average:  1970: 87.5
                                                 1960: 81.7
                                                 1950: 87.8

 3.  Percent families below poverty level:   11.9
                               A-12

-------
 4.   Percent of population employed:
                                      1970:   37.3
                                      1960:   34.5
                                      1950:   32.6
 5.   Actual employment:
                         1970:   33,341
                         1960:   24,929
                         1950:   22,035
 6.   Percent of labor force unemployed:
                                         1970:   4.2
                                         1960:   3.9
                                         1950:   5.0
 7.   Tax income to state:   $94.72

 8.   Welfare cost to state:   $18.34

 9.   Education cost to state:   $50.55

10.   Per capita surplus or deficit:  $25.83 S

11.   Percent employed by industry:   1970           1960

         agriculture
         mining
         construction
         manufacturing
         transportation
         trade
         services, including
           lodging and finance      12.1
         health services and
           other professions         8.3
         education                  13.7 (4569)
         public administration       3.2
14.8 (4958)
0.3 ( 113)
7.4
14.5 (4837)
5.2
20.0
25.8
0.6
7.7
10.0
6.4
17.6
11.6

 5.8
 8.9
 3.4
                                                                 1950

                                                                 39.1 (8613)
                                                                  1.1 ( 252)
                                                                  6.6
                                                                  5.9 (1300)
                                                                  5.3
                                                                 17.8

                                                                 10.5

                                                                  3.3
                                                                  6.1 (1349)
                                                                  2.8
12.   Although agricultural employment (very diversified) halved 1950-1970,
     both manufacturing and education employment more than tripled to
     sustain substantial growth.
                               A-13

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               APPENDIX B




COLORADO AIR POLLUTION CONTROL ACT - 1970
                  B-l

-------
                                 CHAPTER 66
                                 ARTICLE 31
                            AIR POLLUTION CONTROL
                                                               Page B-2
    66-31-1.
    66-31-2.
*/**66-31-3.
    66-31-4.

    66-31-5.

  **66-31-6.

    66-31-7.


    66-31-8.


    66-31-9.



    66-31-10.


  **66-31-ll.


  **66-31-12.
  **66-31-13.
    66-31-14.
Short title.                   66-31-15.
Legislative declaration.     **66-31-16.
Definitions.                   66-31-17.
Air pollution control          66-31-18.
  commission created.          66-31-19.
Duties of air pollution        66-31-20.
  control commission.
Commission—additional         66-31-21.
  authority.
Commission to promulgate
  ambient air quality
  standards.                   66-31-22.
Commission to promulgate
  emission control regu-       66-31-23.
  lations.                     66-31-24.
Commission—procedures to
  be followed in setting
  standards and regula-
  tions.                       66-31-25.
Administration of air
  pollution control            66-31-26.
  programs.
Air pollution emergencies     *66-31-27.
  endangering public health
  anywhere in this state.     *66-31-28.
Air contaminant emission
  notices and emission
  permits.                   **66-31-29.
Enforcement.
Variance board.
Variances.
Hearings.
Judicial review.
Injunctions.
Civil penalties.
Incinerators and open
  burning—penalties.
Relations with the
  federal government,
  regional agencies, and
  other states.
Organization within the
  department of health.
Application of article.
Temporary emission con-
  trol regulations and
  continuance of existing
  orders.
Local government—
  authority—penalty.
Disposition of fines and
  penalties.
Motor vehicle emissions
  control program.
Training programs and
  studies—emission
  controls.
Emission data—public
  availability.
     (Senate Bill No. 69, 1970, EFFECTIVE DATE April 10, 1970)

   *AMENDED S.B. 393, 49th GENERAL ASSEMBLY

  **AMENDED H.B. 1503, 49th GENERAL ASSEMBLY

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Air Pollution Control - Page B-3
Chap. 66, Art. 31
         66-31-1.  SHORT TITLE.—This article shall be known and may be cited as
the "Air Pollution Control Act of 1970".

         66-31-2.  LEGISLATIVE DECLARATION.—In order to foster the health, wel-
fare, convenience, and comfort of the inhabitants of the state of Colorado, and
to facilitate the enjoyment of nature, scenery, and other resources of the state,
it is hereby declared to be the policy of the state to achieve the maximum prac-
tical degree of air purity in every portion of the state.  To that end, it is
the purpose of this article to require the use of all available practical methods
to reduce, prevent, and control air pollution throughout the entire state of
Colorado, and to maintain a cooperative program between the state and local
units of government.  It is further declared that the prevention, abatement,
and control of air pollution in each portion of the entire state are matters
of statewide concern and are affected with a public interest and that the
provisions of this article are enacted in the exercise of the police powers of
this state for the purpose of protecting the health, peace, safety, and general
welfare of the people of this state.

     */**66-31-3.  DEFINITIONS.— (1)  When used in this article and in regu-
lations and orders promulgated under authority of this article, the following
words and phrases shall have the meanings ascribed to them in this section:

          (2)  "Air contaminant" means fumes, smoke, particulate matter, vapor,
gas, or any combination thereof, but not including water vapor or steam con-
densate.

          (3)  "Air contamination source" means any source whatsoever at, from,
or by reason of which there is emitted or discharged into the atmosphere any
air contaminant.

          (4)  "Air pollution control authority" means the division, or any
person or agency given authority by the division, or a local governmental
unit duly authorized with respect to air pollution control.

          (5)  "Ambient air" is the surrounding or outside air.

          (6)  "Commission" means the air pollution control commission created
by section 66-31-4.

          (7)  "Division" means the division of administration of the depart-
ment of health.

          (8)  "Emission" means the discharge or release into the atmosphere
of one or more air contaminants.

          (9)  "Emission control regulation" means and includes any standard
promulgated by regulation which is applicable to all air contamination
sources within a specified area and which prohibits or establishes permis-
sible limits for specific types of emissions in such area, and also any regu-
lation which by its terms is applicable to a specified type of facility,
process, or activity for the purpose of controlling the extent, degree, or
nature of contamination emitted from such type of facility, process, or
activity, and also any regulation adopted for the purpose of preventing or
minimizing emission of any air contaminant in potentially dangerous quan-
tities.

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                                           Air Pollution Control - Page B-4
                                           Chap. 66, Art, 31

        (10)  "Indirect air contamination source" means any facility, building,
structure, or installation, or any combination thereof, which can reasonably
be expected to cause or induce substantial mobile source activity which results
in emissions of air contaminants which might reasonably be expected to inter-
fere with the attainment and maintenance of federal ambient air standards.

        (11)  "Local air pollution law" means any law, ordinance, resolution,
code, rule or regulation adopted by the governing body of any city, town,
county, or city and county, pertaining to the prevention, control and abate-
ment of air pollution.

        (12)  "Motor vehicle" means any self-propelled vehicle which is
designed primarily for travel on the public highways and which is generally
and commonly used to transport persons and property over the public highways.

        (13)  "Person" means any individual, public or private corporation,
partnership, association, firm, trust, estate, the state or any department,
institution, or agency thereof, any municipal corporation, county, city and
county, or other political subdivision of the state, or any other legal en-
tity whatsoever which is recognized by law as the subject of rights and duties.

        (14)  "Variance board" means the variance board created by section
66-31-14.

        66-31-4.  AIR POLLUTION CONTROL COMMISSION CREATED.—(1)  (a)   There
is hereby created in the department of health the air pollution control com-
mission, which shall consist of nine members as follows:

        (b)  One member designated by the state board of health, appointed
by the governor.

        (c)  Eight citizens of the state of Colorado who shall be appointed
by the governor with the consent of the senate.

        (d)  Appointments to the commission shall be made so as to include
appropriate scientific, technical, agricultural, and legal training within
its own membership, although no specific number of its members shall be re-
quired to be so trained.

        (2)  (a)  Initial appointments shall be for terms expiring January 30,
1971.

        (b)  Thereafter, terms shall be for three years, except that, of ap-
pointments made to begin on February 1, 1971, three shall be for terms expi-
ring January 30, 1972, and three for terms expiring January 30, 1973, and two
for terms expiring January 30, 1974.  Thereafter, the three year terms of all
appointed members shall commence on February 1 of the year of appointment.
Any vacancy occurring during the term of office of any appointed member shall
be filled by appointment by the governor of a qualified person for the unex-
pired portion of the regular term.

        (3)  The governor may remove any appointed member of the commission
for malfeasance in office, failure to regularly attend meetings, or  for any

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Air Pollution Control -  Page B-5
Chap. 66, Art. 31
cause that renders such a member incapable or unfit to discharge the duties
of his office, and any such removal, when made, shall not be subject to re-
view.  If any member of the commission is absent from two consecutive meet-
ings, the chairman of the commission shall determine whether the cause of
such absences was reasonable.  If he determines that the cause of the absen-
ces was unreasonable, he shall so notify the governor, who shall appoint a
qualified person for the unexpired portion of the regular term.

        (4)  Each member of the commission not otherwise in full-time employ-
ment of the state shall receive a per diem of forty dollars for each day
actually and necessarily spent in the discharge of official duties, but not
to exceed twelve hundred dollars in any one year; and all members, ex officio
and those appointed by the governor, shall receive traveling and other neces-
sary expenses actually incurred in the performance of official duties.

        (5)  The governor shall appoint the chairman, vice-chairman, and sec-
retary from among the membership of the commission for the first year of its
operation, and each year thereafter the commission shall select from its own
membership a chairman, vice-chairman, and secretary.  The secretary of the
commission shall keep a record of its proceedings.  The commission shall hold
regular public monthly meetings and may hold special meetings on the call of
the chairman or vice-chairman at such other times as deemed necessary.  Writ-
ten notice of the time and place of all meetings shall be mailed by the sec-
retary at least five days in advance of any such meetings to each member.

        (6)  All members, both ex officio and those appointed by the governor,
shall have a vote.  A majority of the commission shall constitute a quorum,
and the concurrence of a majority of the commission in any matter within its
powers and duties shall be required for any determination made by the commis-
sion.

        66-31-5.  DUTIES OF AIR POLLUTION CONTROL COMMISSION.—(1)  The com-
mission shall develop and maintain a comprehensive program for prevention,
control, and abatement of air pollution throughout the entire state, inclu-
ding a program for control of emissions from all significant sources of air
pollution, and shall promulgate ambient air goals for every portion of the
state.

        (2)  The commission shall adopt and modify such plans for the imple-
mentation of such programs as may be necessary.  Ambient air quality stan-
dards and emission control regulations shall be adopted and promulgated in
accordance with sections 66-31-7 and 66-31-8.

        (3)  The commission shall employ a technical secretary and shall
delegate to such secretary such duties and responsibilities as it may deem
necessary; except, that no authority shall be delegated to such secretary
to adopt, promulgate, amend, or to repeal standards or regulations, or to
make determinations, or to issue or countermand orders of the commission.
Such secretary shall have appropriate practical, educational, and admini-
strative experience related to air pollution control, and shall be employed
pursuant to the civil service laws of this state.

        (4)  The commission and the state board of health shall hold a joint
public hearing during the month of October of each year in order to hear

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                                               Air Pollution Control - Page B-6
                                               Chap. 66, Art. 31
public comment on air pollution problems within the state, alleged sources of
air pollution within the state, and the availability of practical remedies
therefor; and at such hearing the technical secretary shall answer reasonable
questions from the public concerning administration and enforcement of the
various provisions of this article, as well as rules and regulations promul-
gated under the authority of this article.

         (5)  (a)  Prior to the hearing required under subsection  (4) of this
section, the commission shall prepare and make available to the public a re-
port which shall contain the following specific information:

         (b)  A description of the pollution problem in each of the polluted
areas of the state, described separately for each such area.

         (c)  To the extent possible, the identification of the sources of air
pollution in each separate area of the state, such as motor vehicles, indus-
trial sources, and power generating facilities.

         (d)  A list of all alleged violations of emission control regulations
which shows the status of control procedures in effect with respect to each
such alleged violation.

         (6)  On or before December 1 of each year, the commission shall report
to the governor on the effectiveness of the provisions of this article in
carrying out the legislative intent, as declared in section 66-31-2, and shall
include in such report such recommendations as it may have with respect to
any legislative changes that may be needed or desirable.  The commission shall
include in its annual report to the governor such recommendations with respect
to emission standards and emission control devices for motor vehicles, air-
craft, and other mobile equipment as it deems advisable.

         (7)  The commission shall receive all applications for hearings con-
cerning violations and all applications for the granting of variances made
pursuant to section 66-31-13  (4) or 66-31-15, and may, in its discretion,
either set such applications for hearing and determination by the commission
in accordance with the provisions of sections 66-31-15 and 66-31-16, or trans-
mit such applications to the variance board for hearing and determination in
accordance with the provisions of sections 66-31-15 and 66-31-16.

         (8)  The commission may, in its discretion, review any variance order
or determination of the variance board within thirty days of the issuance
thereof as provided for by section 66-31-16  (9).

      **66-31-6.  COMMISSION—ADDITIONAL AUTHORITY.—(1)  (a)  The commission
shall have maximum flexibility in developing an effective air pollution con-
trol program and may promulgate such combination of regulations  as may be
necessary or desirable to carry out the legislative purpose set  forth in sec-
tion 66-31-2.  Such regulations may include, but shall not be limited to:

         (b)  Division of the state into such control zones or areas as may be
necessary or desirable for effective administration of the air pollution con-
trol program.

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Air Pollution Control -  Page B-7
Chap. 66, Art. 31
        (c)  Classification and definition of different degrees or types of
air pollution.

        (d)  Emission control regulations that are applicable to the entire
state, that are applicable only within specified areas or zones of the state,
or that are applicable only when a specified class of pollution is present.

        (2)  The commission may hold public hearings, issue notice of hear-
ings, issue subpoenas requiring the attendance of witnesses and the produc-
tion of evidence, administer oaths, and take such testimony as it deems
necessary, all in conformity with article 16 of chapter 3, C.R.S. 1963, and
with sections 66-31-9 and 66-31-16.

        (3)  The commission may adopt such rules and regulations governing
procedures before the variance board as may be necessary to assure that
hearings before said board will be fair and impartial.

        (4)  In the event the commission, after hearing, finds and determines
that a particular style or model of automobile air pollution control device
is not sufficiently effective to justify the continued connection and opera-
tion of such device, the commission shall so notify the motor vehicle divi-
sion of the department of revenue; thereafter, all devices of such particular
style or model shall be exempt from the provisions of sections 13-5-113 and
13-5-160,  C.R.S. 1963.

        (5)  The commission may exercise all incidental powers necessary to
carry out the purposes of this article.

        (6) (a)  The commission may require the owner or operator, or both,
of any air contamination source to:

        (b)  Establish and maintain reports as precribed by the commission;

        (c)  Install, use, and maintain monitoring equipment or methods as
prescribed by the commission;

        (d)  Record sample emissions in accordance with such methods, at
such locations, at such intervals, and in such manner as the commission
shall prescribe;

        (e)  Provide such other information as the commission may require.

        66-31-7.  COMMISSION TO PROMULGATE AMBIENT AIR QUALITY STANDARDS.—
(1)  (a)  In addition to the other powers and duties enumerated in this arti-
cle, the commission shall have the power to adopt, promulgate, amend, and
modify such standards for the quality of ambient air as may be appropriate
or necessary to carry out the purposes of this article, including, but not
limited to:

        (b)  Standards which describe the maximum concentrations of speci-
fically described contaminants that can be tolerated, consistent with the
protection of the good health of the public at large; such standards may
differ for different parts of the state as may be necessitated by varia-
tions in altitude, topography, climate, or meteorology;

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                                            Air Pollution Control -  Page
                                            Chap. 66, Art. 31
        (c)  Standards which describe the air quality goals that are to be
achieved  by control programs within specified periods of time; such stand-
ards may be either statewide or restricted to specified control areas, and

        (d)  Standards which describe varying degrees of contamination of
ambient air.

        (2)  Ambient air standards shall include such requirements for test
methods and procedures as will assure that the samples of ambient air tested
are representative of the ambient air.

        66-31-8.  COMMISSION TO PROMULGATE EMISSION CONTROL REGULATIONS.—
(1)  (a)  As promptly as possible, the commission shall adopt and promulgate
emission control regulations which require the use of effective practical
air pollution controls for each and every significant source, potential
source, and type of source of air contamination throughout the entire state
and thereafter may modify such regulations from time to time.  In the formu-
lation of each emission control regulation, the commission shall take into
consideration the following:

        (b)  The state policy regarding air pollution, as set forth in sec-
tion 66-31-2;

        (c)  Federal recommendations;

        (d)  The degree to which the concentrations of certain types of con-
taminants in certain portions of the state require that emission control
regulations be more stringent than in other portions of the state;

        (e)  The degree to which any particular type of emission is subject
to treatment, the availability and feasibility of control techniques, and
the  extent to which the emission to be controlled is significant;

        (f)  The continuous, intermittent, or seasonal nature of the emis-
sion to be controlled;

        (g)  Whether the emission control regulation should be applied
throughout the entire state or only in a specified portion of the state;

        (h)  The need for specification of safety precautions that should
be taken with respect to any source or potential source or type of source
of air contamination.

         (2)  (a)  Such emission control regulations may include, but shall
not  be limited  to, regulations pertaining to:

         (b)  Visible pollutants;

         (c)  Particulates;

         (d)  Sulfur oxides,  sulfuric  acids,  hydrogen sulfide,  nitrogen  oxides,
carbon oxides,  hydrocarbons, fluorides,  and  any other chemical substance;

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Air Pollution Control -  page B-9
Chap. 66, Art. 31
        (e)  Odors;

        (f)  Open burning of incidental refuse, open burning at dumps, open
burning for agricultural purposes, open burning of junk automobiles, and any
other open burning activity;

        (g)  Organic solvents;

        (h)  Photochemical substances;

        (i)  Toxic gases.

        (3) (a)  The commission shall have the duty to identify each type of
facility,  process, and activity which produces or which potentially or acci-
dentally might produce significant emissions of air contaminants, and shall
promulgate an emission control regulation for each such facility, process,
and activity, except for motor vehicles and airplanes to the extent prohi-
bited by federal law.  The requirements and prohibitions contained in such
regulations shall be set forth with as much particularity and clarity as is
practical.  Upon adoption of an emission control regulation under this sub-
section (3) for the control of a specific facility, process, or activity,
such regulation shall apply to the exclusion of other emission control regu-
lations adopted pursuant to subsection  (2) of this section; prior to such
adoption the general regulations adopted pursuant to subsection  (2) shall be
applicable to such facility, process, or activity.  Emission control regula-
tions adopted pursuant to this section may include, but shall not be limited
to, regulations pertaining to the following facilities, processes, and acti-
vities ;

        (b)  Incinerator and incinerator design;

        (c)  Storage and transfer of petroleum products and any other vola-
tile substance;

        (d)  Activities which frequently result in particulate matter becom-
ing airborne, such as construction and demolition operations, and operation
of parking lots;

        (e)  Specifications, prohibitions, and requirements pertaining to
fuels and fuel additives, such as tetraethyl lead;

        (f)  Wigwam waste burners, pulp mills, alfalfa dehydrators, asphalt
plants, and any other industrial or commercial activity which tends to emit
air contaminants as a by-product;

        (g)  Industrial process equipment;

        (h)  Industrial spraying operations;

        (i)  Reduction of animal matter;

        (j)  Motor vehicles and airplanes;

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                                             Air Pollution Control - Page B-10
                                             Chap.  66, Art. 31


        (k)  Diesel-powered machines, vehicles, engines, and equipment;

        (1)  Storage and transfer of toxic gases.

        (4)  Among its emission control regulations the commission shall in-
clude appropriate regulations pertaining to accidents, shutdowns, and other
conditions which justify temporary relief from controls.

        (5)  Each emission control regulation shall be operative without
regard to any ambient air quality standard unless such regulation expressly
provides otherwise.

        66-31-9.  COMMISSION—PROCEDURES TO BE FOLLOWED IN SETTING STANDARDS
AND REGULATIONS.—(1)  Prior to adopting, promulgating, amending, or modify-
ing any ambient air standard authorized in section 66-31-7, or any emission
control regulation authorized in section 66-31-8, the commission shall con-
duct a public hearing thereon as provided in section 3-164, C.R.S. 1963.
Notice of any such hearing shall conform to the requirements of section
3-16-2, C.R.S. 1963, but such notice shall be given at least sixty days
prior to the hearing and shall include each proposed regulation, and shall
be mailed to all persons who have filed with the commission a written re-
quest to receive such notices.

        (2)  Any person desiring to propose a regulation differing from the
regulation proposed by the commission shall file such other proposal with
the commission not less than twenty days prior to the hearing, and, when on
file, such proposal shall be open for public inspection.

        (3)  Witnesses at the hearing shall be subject to cross-examination
by or on behalf of the commission, and by or on behalf of persons who have
proposed regulations pursuant to subsection  (2) of this section.

        (4)  Regulations promulgated pursuant to sections 66-31-7 and 66-31-8
shall not take effect until thirty days after they have been filed with the
secretary of state.

        66-31-10.  ADMINISTRATION OF AIR POLLUTION CONTROL PROGRAMS.—(1)  The
division shall administer and enforce the air pollution control programs
adopted by the commission.  In furtherance of such responsibility of the
division, the executive director of the department of health shall establish
within the division a separate air pollution control agency the head of which
shall be a registered professional engineer or shall have a graduate degree
in engineering or  other specialty dealing with the problems of air pollution
control.  He shall also have appropriate practical and  administrative experi-
ence related to air pollution control.  Such person shall not be  the technical
secretary employed pursuant to section 66-31-5  (3).  All policies and proce-
dures followed in  the administration and enforcement of the air pollution
control programs which have been adopted by  the  commission shall  be subject
to supervision by  the state board of health.

         (2)  (a)  In  addition to authority specified elsewhere in  this article,
the division shall have the power to:

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Air Pollution Control -  Page B-ll
Chap. 66, Art. 31
         (b)  Conduct or cause to be conducted studies and research with re-
spect to air pollution and the control, abatement, or prevention thereof, as
requested by the commission;

         (c)  Determine, by means of field studies and air monitoring and sam-
pling, if the ambient air standards are being violated in any area of the
state;

         (d)  Enter and inspect any property, premise, or place for the pur-
pose of investigating any actual, suspected, or potential source of air
pollution or air contamination, or ascertaining compliance or noncompliance
with any emission standard or any order promulgated under this article;
except that if such entry or inspection is denied or not consented to, and
no emergency exists, the division is empowered to and shall obtain from the
district or county court for the district or county in which such property,!
premise, or place is located, a warrant to enter and inspect any such pro-
perty, premise, or place prior to entry and inspection.  The district and
county courts of the state of Colorado are empowered to issue such warrants
upon a proper showing of the need for such entry and inspection.  Any infor-
mation relating to secret process, or methods of manufacture, or production,
obtained in the course of the inspection or investigation, shall be kept
confidential.  If samples of air or air contaminants are taken for analysis,
a duplicate of the analytical reports shall be furnished promptly to the
person who is suspected of causing such air pollution or air contamination;

         (e)  Furnish technical advice and services relating  to  air pollution
problems and control techniques;

         (f)  Inform the appropriate governmental  agency of the  results  of
atmospheric  tests conducted  in its jurisdiction,  and notify  the affected
city, town,  county, or city  and  county, whenever  tests establish that  the
ambient  air  or  source or  sources  of emission  of smoke  or  air contaminant
fail  to  meet the standards established  under  this article;

         (g)  Designate one or more persons  or agencies in any area of  the
state as an  air pollution control authority as agent of the  division  to
exercise and perform such powers  and duties of the division  as  may be  speci-
fied  in  such designation;

         (h)  Furnish such personnel to  the  variance board and the commission
as  the  variance board and commission may reasonably require  to  carry  out
their duties and responsibilities under this  article;

         (i)  Certify, or  otherwise designate, to  any other agency or  depart-
ment  of  the  government of this state or of  any other state or of the  federal
government,  that any facility, land, building, machinery  or  equipment,  or
any part thereof, has been  constructed, erected,  installed,  or  acquired in
confcuii'i t.y with the  requirements  of this state or of this article for  control
of  air  pollution or  in conformity with  the  requirements for  control of air
pollution  of any other stale or  the federal government.

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                                           Air Pollution Control -  Page B-12
                                           Chap. 66, Art. 31
      **66-31-ll.  AIR POLLUTION EMERGENCIES ENDANGERING PUBLIC HEALTH
ANYWHERE IN THIS STATE.—(1) (a)  Whenever the division shall determine,
after investigation, that any person is either engaging in any activity
involving a significant risk of air contamination or is discharging or
causing to be discharged into the atmosphere, directly or indirectly, any
air contaminant, and such activity or discharge constitutes a clear, present,
and immediate danger to the health of the public, or that any such activity
or discharge of air contaminants, if permitted to continue unabated, will
result in a condition of clear, present, and immediate danger to the health
of the public, the division shall:

         (b)  Issue a written cease and desist order to said person requir-
ing immediate discontinuance of such activity or the discharge of such con-
taminant into the atmosphere, and upon receipt of such order, such person
shall immediately discontinue such activity or discharge; or

         (c)  Apply to any district court of this state for the district in
which the said activity or discharge is occurring for a temporary restraining
order, temporary injunction, or permanent injunction as provided for in the
Colorado rules of civil procedure.  Any such action in a district court shall
be given precedence over all other matters pending in such district court.
The institution of such injunction proceedings by the division shall confer
upon said district court exclusive jurisdiction to determine finally the
subject matter of the proceeding; or

         (d)  Both issue such a cease and desist order and apply for any such
restraining order or injunction.

         (2)  (a)  Whenever the division shall determine, after investigation,
that the contaminated condition of the ambient air in any portion of this
state constitutes a clear, present, and immediate danger to the health of
the public, or that any activity or discharge of air contaminants, if per-
mitted to continue unabated, will result in a condition of clear, present,
and immediate danger to the health of the public, and that the procedures
available to the division under subsection  (1) of this section will not
adequately protect the public, it shall immediately notify the governor of
its determination of either of such conditions, and it shall request the
governor to declare a state of air pollution emergency in such portion of
this state.

         (b)  (i)  Upon such notification and request by the division, the
governor is empowered to declare a state of air pollution emergency in such
portion  of the state, and to take any and all actions necessary to protect
the health of the public in such portion of the state, including, but not
limited  to:

         (ii)  Ordering a halt or curtailment of the movement of all motor
vehicles except emergency vehicles; and

         (iii)  Ordering a halt or curtailment of all operations, activities,
processes, or conditions which he reasonably believes to be contributing to
such emergency.

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Air Pollution Control -  Page B-13
Chap. 66, Art. 31
        (c)  From time to time, whenever appropriate, the governor, in coop-
eration with his department heads, shall develop or modify such plans as will
be necessary or appropriate to control and abate the air pollution conditions
most likely to require the exercise of the powers granted in paragraph (b) of
this subsection (2).

      **66-31-12.   AIR CONTAMINANT EMISSION NOTICES AND EMISSION PERMITS.—
(1)  After ninety days from the date on which this act becomes law, no per-
son shall permit emission of air contaminants from, or construction or alter-
ation of, any facility, process, or activity except residential structures,
from which air contaminants are, or are to be, emitted through any perma-
nently located chimney, stack, pipe or other conduit unless and until an "air
contaminant emission notice" has been filed with the division with respect
to such emission.   A revised emission notice shall be filed whenever a sig-
nificant change in emissions is anticipated or shall have occurred.

        (2)  Each such notice shall specify the location at which the pro-
posed emission will occur, the name and address of the person operating or
owning such facility, process, or activity, the nature of such facility,
process, or activity, and an estimate of the quantity and composition of
the expected emission.  The division shall make available at all air pollu-
tion control authority offices appropriate forms on which the information
required by this section shall be furnished.

        (3)  If the information required by subsection (1) of this section
is on file with the division at the time this act becomes effective, such
information shall be deemed to constitute compliance with the requirements
of said subsection (1) as to the emission covered thereby.

        (4) (a)  No person shall construct or substantially alter any build-
ing, facility, structure, or installation, except single family residential
dwellings, or install any machine, equipment or other device, or commence
the conduct of any activity, or commence performance of any combinations
thereof, or commence operations of any of the same which will or does con-
stitute a new air contamination source or a new indirect air contamination
source without first obtaining or having a valid permit therefor from the
commission; except that no permit shall be required for new indirect air
contamination sources until regulations regarding permits for such sources
shall have been promulgated by the commission.  The commission shall esta-
blish rules, regulations, and procedures in accordance with the provisions
of this article for the issuance or denial of permits which shall be in
conformity with the purposes of this article as set forth in section 66-31-2,
but in no event shall regulations governing indirect air contamination
sources be more stringent than those required for compliance with the fed-
eral "Clean Air Act of 1970", as the same may be amended from time to time,
and final rules and regulations adopted pursuant thereto.  Such procedures
shall include, but not be limited to, the following:

        (b)  Filing an application with the division which may include such
relevant plans, specifications, air quality data, and other information as
the division may reasonably request.

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                                          Air Pollution Control -  Page B-14
                                          Chap. 66, Art. 31
        (c)  The division shall prepare its preliminary analysis of the
effect upon the ambient air quality and the extent of emission control
within twenty days after date on which an application is filed.

        (d)  For those types of projects or activities defined or desig-
nated by the commission as warranting public comment with respect thereto,
the division shall within fifteen days after it has prepared its prelimi-
nary analysis give public notice of the proposed project or activity by
at least one publication in a newspaper of general circulation in the
county in which the proposed project or activity, or a part thereof, is
to be located.  If no qualified newspaper is published within such county,
then the publication shall be made in a newspaper published in an adjoin-
ing or nearby county.  The division shall also within such period of time
maintain in the office of the county clerk and recorder of the county in
which the proposed project or activity, or a part thereof, is located a
copy of its preliminary analysis and a copy of the application with all
accompanying data for public inspection.  The division shall receive and
consider public comment thereon for a period of thirty days thereafter.

        (e)  Within thirty days following the period for public comment,
or within fifteen days after the preparation of its preliminary analysis
where no delay for public comment is required, the division shall grant
the permit unless it determines that the proposed project or activity would
not meet applicable emission standards or regulations of the commission or
would interfere with the attainment or maintenance of the then existing
federal primary or secondary ambient air standards; the division shall
deny the permit if such standards would not be met except that when the
proposed project or activity utilizes the best practical alternatives
even through applicable emission control regulations and ambient air qual-
ity standards would not be met or the modification or replacement of a
stationary source, by using the best practical technology, would signi-
ficantly reduce emissions, the division shall consult with the commission
and thereafter the division, with the concurrence of the commission, or
the commission alone, may grant the permit.  Any permit issued by the divi-
sion may contain such terms and conditions as it deems necessary for the
proposed project or activity to qualify for a permit.  If any of such terms
or conditions of the permit are violated, the division may revoke the per-
mit.  If the division fails to act upon the application within the pre-
scribed time, the permit shall be deemed to have been granted.

        (f)  If the division denies or revokes a permit, the applicant
may request a conference with the commission or a hearing before the com-
mission in accordance with the provisions of section 66-31-16.  The commi-
sion may delegate the responsibility to hold a conference or hearing with
respect to any such request to the variance board.

        (g)  Within thirty days after such conference or Bearing, the com-
mission or variance board shall issue an order either affirming or revers-
ing the decision of the division.  If the decision or revocation of the
division is reversed, the commission or variance board shall order the
issuance or reinstatement of the permit which order may contain such terms
and conditions as shall be necessary and reasonable.  If a conference  is

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Air Pollution Control -  Page  B-15
Chap. 66, Art. 31
requested in lieu of a hearing, the applicant may request a hearing there-
after if the applicant is not satisfied with the results of such conference.

         (h)  Orders of the commission or variance board shall be final upon
the date of issuance.

         (i)  No person shall commence the operation of any project or the
conduct of any activity for which a permit has been issued without giving
at least thirty days prior notice to the division of the date on which such
commencement is to take place.  During such thirty-day period and again
within thirty days after commencement, the division shall inspect the pro-
ject or activity to determine whether or not the terms and conditions of
the permit have been properly satisfied.  If the division finds that the
terms or conditions of the permit have been violated it may revoke the
permit, or it may grant a period of not more than six months in which the
terms or conditions may be satisfied.  If the division determines that the
terms and conditions of the permit have not been satisfied within such per-
iod of time, the division shall revoke the permit.  If the division deter-
mines that the terms and conditions of the permit have been satisfied, the
division shall grant its final approval of the permit whereupon all require-
ments of this subsection (4) shall have been fulfilled by the applicant.

         (j)  Any permit issued under prior existing law with respect to a
project or the operation thereof shall continue in full force and effect
and shall not be affected by the terms hereof and the holder of such a per-
mit shall not be required to comply with the provisions hereof.  Regulations
concerning permits for the construction and operation of new direct air
contamination sources in effect as of July 1, 1973, and not inconsistent
with the provisions  of this article shall continue in effect until repealed
or amended from time to time by the commission.

      **66-31-13.  ENFORCEMENT.—(1)  The division shall enforce compliance
with the emission control regulations promulgated pursuant to the provisions
of section 66-31-8.

         (2)  In case any written and verified complaint shall be filed with
the division alleging that, or in case the division itself shall have cause
to believe that, any person is violating any emission control regulation,
the division shall cause a prompt investigation to be made, and if the per-
son who makes such investigation on behalf of the division shall find after
such investigation that a violation of any such regulation exists, he shall
promptly so notify both the alleged violator and the commission in writing.
Thereupon the division shall diligently endeavor to obtain voluntary abate-
ment of such violation.

         (3)  After notice has been given pursuant to subsection (2) of this
section, but in no event later than six months after the giving of such
notice, if the alleged violation has not been abated, the division shall
cause to be issued and served upon the person allegedly violating any such
regulation, a written order which shall specify the provision of the emis-
sion control regulation of which such person is said to be in violation,
and a statement of the manner in which such person is said to violate it,
and such order shall require the person so complained against to cease and
desist from such violation within such reasonable time as the division may
determine, but not to exceed six months.

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                                          Air Pollution Control -  Page B-16
                                          Chap. 66, Art. 31
        (4) (a) (i)  Within twenty days after receipt of such order, if
subsection  (4) (a) (ii) or (iii) of this section is applicable; and, at
the election of the recipient of the order, either within twenty days after
receipt of such order or on or before thirty days prior to the effective
date of said order, if subsection (4) (a)  (iv) is applicable, the recipient
thereof may file with the commission or the variance board a written peti-
tion requesting a hearing to determine any one of the following matters:

        (ii)  Whether or not the alleged violation exists or did exist;

        (iii)   Whether or not the alleged violation exists or did exist
and whether or not a variance should be granted with respect to any viola-
tion determined to exist or have existed;

        (iv)  Whether or not a variance should be granted with respect to
such violation.

        (b)  In no event shall the recipient have the right to separate
hearings to determine the matters described in paragraph  (a) of this sub-
section (4), provided always in the case of a hearing provided for in sub-
paragraph  (iii) of paragraph (a), the commission or variance board shall
render its  final determination of whether or not the alleged violation
exists or did exist before proceeding to take or hear evidence or make any
final determination based thereon as to whether or not a variance should
be granted with respect to an alleged violation; and further provided the
commission or variance board may authorize separate hearings to determine
the matters described in said paragraph  (a)  (iii) if it is determined that
such separate hearings are necessary and proper for a fair and impartial
hearing under the circumstances.

        (c)  Except with respect to actions taken pursuant to section
66-31-11, upon the filing of such a request with the commission or variance
board, the  order  shall be stayed pending the final determination of the
petition by the commission or variance board.

        66-31-14.  VARIANCE BOARD.—(1)  (a)  There is hereby created a
variance board which shall consist of nine members as follows:

        (b)  One  member designated by the  state board of health to repre-
sent said board in matters of air pollution in the interests of the public
health of  the people of the state;

        (c)  One  member shall be a registered professional engineer with at
least five  years'  experience in the actual practice of his profession, and
who is not  from industry;

        (d)  One  member, who is not  from industry, shall be either a physi-
cian licensed  to  practice in this state, or a toxicologist;

         (e)  Three members from industry in this  state;

         (f)  Three members, as  representatives of  the public  at  large,  not
from industry.

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Air Pollution Control -  Page B-17
Chap. 66, Art. 31
         (2)  All members appointed under the provisions of paragraphs  (c)
to  (f) of this subsection  (1) shall be appointed by the governor.

         (3)  All members appointed by the governor shall hold office for
terms of four years and until their successors are selected and qualified.
The member designated by the state board of health shall serve at the dis-
cretion of the state board of health.  There shall be no limitation on the
number of terms any appointed member may serve.  If any member of the vari-
ance board appointed by the governor shall resign or be removed from the
variance board, the governor shall promptly appoint a new member, as pro-
vided in this section, to fill the vacancy for the remainder of the term
of the member of the variance board who has ceased to be a member thereof.

         (4)  The governor shall appoint alternates for all members of the
variance board appointed by him.  Each such alternate shall have the same
qualifications as the member for which appointed.  Each alternate shall be
appointed for a term which shall terminate on the same date as that of the
member for which appointed.  An alternate shall act as a member of the vari-
ance board, only when the member for whom appointed fails or refuses to so
act, and when so acting, the alternate shall have all the rights, powers,
duties, and functions of a member of the variance board.  Alternates shall
be compensated as provided in subsection  (9) of this section.

         (5)  The governor may remove any appointed member of the variance
board for malfeasance in office, failure to regularly attend meetings, or
for any cause that renders such a member incapable or unfit to discharge
the duties of his office, and any such removal, when made, shall not be
subject to review.  If any member of the variance board is absent from two
consecutive meetings, the chairman of the variance board shall determine
whether the cause of such absences was reasonable.  If he determines that
the cause of the absences was unreasonable, he shall so notify the governor,
who shall appoint a qualified person for the unexpired portion of the regu-
lar term.

         (6) (a)  The variance board shall:

         (b)  Elect its chairman annually from its members for a term of one
year;

         (c)  Meet at least quarterly, but special meetings of the variance
board may be called by its chairman upon his own initiative, or by the com-
mission, and such a meeting shall be called by him upon the receipt by him
of a written request therefor, signed by two or more members of said vari-
ance board;

         (d)  Keep a record of its proceedings.

         (7)  Five members shall constitute a quorum, and the concurrence of
at least a majority of all members of the variance board in any matter within
its powers and duties shall be required for any determination made by the
said variance board.

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                                            Air Pollution Control - Page B-18
                                            Chap. 66, Art. 31


        (8)  At least three days prior to each meeting, written notice shall
be given to each member of the variance board of the time, place, and pur-
pose of such meeting.

        (9)  Each member of the variance board shall receive a per diem of
forty dollars for each day actually spent in the discharge of official
duties, not to exceed twelve hundred dollars in any one year; and shall be
reimbursed for necessary and actual expenses incurred in the performance
of his duties under this article.

        (10)  The individuals serving as members of the air pollution vari-
ance board as existing pursuant to article 29 of chapter 66, C.R.S. 1963,
as that article existed on January 1, 1970, shall serve as the variance
board created by this article until the expiration dates of the respective
terms to which they have been appointed.

        66-31-15.  VARIANCES.—(1) (a)  The variance board or commission
may grant a variance, suspending or modifying the enforcement of any emis-
sion control regulation, or any rule, regulation, or enforcement order
issued pursuant to this article against any person, whenever the said vari-
ance board or commission shall determine that:

        (b)  Control techniques are not available or that compliance with
applicable emission control regulations from which a variance is sought
would create an unreasonable economic burden; and

        (c)  That the granting of such variance would be consistent with,
and aid in, implementing the legislative policy as set forth in section
66-31-2.

        (2)  The variance board or the commission shall grant a variance
suspending or modifying the enforcement of any emission control regulation,
or any rule, regulation, or enforcement order issued pursuant to this arti-
cle against any person, whenever the said variance board or the commission
shall determine that strict compliance with any provision of, or order
issued pursuant to, this article would result in an arbitrary and unreason-
able taking of property or in the practical closing of any lawful business
or activity and such would be without sufficient corresponding public bene-
fit.

        (3)  The variance shall be granted, terminated, or modified by the
variance board or the commission only after a hearing before it, held pur-
suant to the provisions of this article.  A variance may  be granted with
respect to any existing or proposed facility, process, or activity.  Hear-
ings may be requested either by the variance board, the commission, the
division, or by any person applying for or having received such a variance.

        (4)  Any variance granted pursuant to the provisions of this article
shall be granted for such period of time and under such conditions as shall
be specified by the variance board or the commission.  The failure to meet
any condition of the variance without prior written permission of the said
variance board or the commission shall render such variance null and void.
The variance board shall review, at least annually, any variance that has
been granted to determine whether the terms and  conditions of said variance
have been complied with, and whether the continuance of the variance is  jus-
tified.

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Air Pollution Control -  Page B-19
Chap. 66, Art. 31


         (5)  Nothing in this section, and no variance or renewal granted
pursuant hereto, shall be construed to prevent or limit the application of
the emergency provisions of section 66-31-11.

         (6)  The variance board shall have the power to hold public hearings,
conduct investigations, compel the attendance of witnesses, receive such
pertinent and relevant proof and do such other things as it may deem to be
necessary, proper, or desirable in order that it may effectively discharge
its duties and responsibilities under this article; all in conformity with
article 16 of chapter 3, C.R.S. 1963, and with regulations of the commis-
sion adopted pursuant to section 66-31-6.

      **66-31-16.  HEARINGS.—(1)  Not less than fifteen days after a hear-
ing has been requested, the variance board or the commission, as the case
may be, shall grant such request and set a time and place therefor.  Every
such hearing shall be conducted pursuant to the provisions of this article
and the provisions of article 16 of chapter 3, C.R.S. 1963.

         (2)  The division shall appear as a party in any hearing before the
variance board or the commission and shall have the same rights to judicial
review as any other party.

         (3)  All testimony taken at any such hearing before the variance
board or the commission shall be under oath or affirmation.  A full and
complete record of all proceedings and testimony presented shall be taken
and filed.  The stenographer shall furnish, upon payment and receipt of
any fees allowed therefor, a certified transcript of the whole or any part
of his record to any party in such hearing requesting the same.

         (4)  Any information relating to secret processes, methods of manu-
facture or production, which may be required, ascertained, or discovered,
shall not be publicly disclosed in public hearings or otherwise, and shall
be kept confidential by any member, officer, or employee of the variance
board, the commission or the division, but any person seeking to invoke
the protection of this section in any hearing for a variance shall bear
the burden of proving its applicability.

         (5)  At any hearing, any person who is affected by the proceeding
and whose interests are not already adequately represented, shall have the
opportunity to be a party thereto'upon prior application to and approval
by the variance board or commission, in its sole discretion, as deemed
reasonable and proper by said variance board and commission, and such per-
son shall have the right to be heard and to cross-examine any witness.

         (6)  After due consideration of the written and oral statements,
the testimony, and the arguments presented at any such hearing, the variance
board or commission shall enter its findings and final order, based upon
evidence in the record, or make such final determination of the matter as
it shall deem appropriate.

         (7)  In all proceedings before the variance board or the commission
with respect to any alleged violation of any emission control regulation or
order, the burden of proof shall be upon the division.

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                                            Air Pollution Control -  Page B-20
                                            Chap. 66, Art. 31


        (8)  The applicant for a variance shall bear the burden of proof.

        (9)  Variances, orders, and determinations of the variance board
shall become final within thirty days from the date on which they are issued,
unless within such period the variance board grants a rehearing, or unless
within such period the commission concludes that said variance, order, or
determination interferes with the attainment of the objectives of this arti-
cle, as set forth in section 66-31-2.  If the commission so concludes, it
shall, within said thirty-day period, notify the applicant of such conclu-
sion, including the nature of the interference involved, and allow the appli-
cant ten days in which to request a hearing before the commission on said
variance,  order, or determination, which hearing shall be set and held in
accordance with the provisions of section 66-31-15 and of this section.  Fol-
lowing the hearing before the commission, or if no hearing is requested, the
commission shall enter its final order affirming or modifying said variance,
order, or determination.

       (10)  Every hearing granted by the variance board or the commission
shall be conducted by either body or by a hearing officer designated by
either body, and every hearing shall comply with the provisions of this
article and the provisions of article 16 of chapter 3, C.R.S. 1963.

       66-31-17.  JUDICIAL REVIEW.—(1)  Any final order or determination
by the variance board, the division, or the commission, shall be subject to
a judicial review in accordance with the provisions of this article and the
provisions of article 16 of chapter  3, C.R.S. 1963.  Such final order or
determination shall be stayed pending the decision of the court.

       (2)  Any party may move the court to remand the case to the variance
board, the division, or the commission in the interests of justice, for the
purpose of adducing additional specified and material evidence, and findings
thereon; but such party shall show reasonable grounds for the failure to ad-
duce such evidence previously before the variance board, the division, or
the  commi s s ion.

       (3)  Any proceeding for judicial review of any final order or deter-
mination of the variance board, the  division, or the commission shall be
filed in the district court for the  district in which is located the air
contamination source affected, and shall be filed within twenty days after
the  date of said final order or determination.

       66-31-18.  INJUNCTIONS.—In the event any person fails to comply with
a cease and desist order that is not subject to a stay pending administrative
or  judicial review, the commission may request the district attorney for the
district in which the alleged violation exists, or the attorney general, to
bring, and if so requested it shall  be his duty to bring, a suit for an  in-
junction to prevent any further or continued violation of such order.  In
any  such suit the final findings of  the division or  commission, based  upon
evidence in the record, shall be prima facie evidence of  the  fact  or  facts
found therein.

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Air Pollution Control -  Page  B-21
Chap. 66, Art. 31
        66-31-19.  CIVIL PENALTIES.—(1)  (a)  Penalties shall be determined
and collected by a court of competent jurisdiction upon action instituted by
the division for the determination and collection of said penalty under this
section, and in accordance with the following provisions:

        (b)  Any person who shall violate any final cease and desist order
which is not subject to a stay pending judicial review and which has been
issued either pursuant to article 29 of chapter 66 prior to adoption of this
article or pursuant to this article shall be subject to a civil penalty of
not more than two thousand five hundred dollars per day for each day during
which such violation occurs.

        (c)  On and after July 1, 1970, any person failing to comply with
the provisions of section 66-31-12 (1)  shall be subject to a civil penalty
of not more than one hundred dollars.

        66-31-20.  INCINERATORS AND OPEN BURNING—PENALTIES.— (1)  (a)  The
commission shall adopt a program to control incinerator burning and open
burning in each portion of the state in which such control is necessary in
order to carry out the policies of this article as set forth in section
66-31-2.  Such program shall include emission control regulations and the
designation, after public hearing and from time to time, of such portions
by legal description.

        (b)  Open burning in the course of agricultural operations may be
regulated only where the absence of regulations would substantially impede
the commission in carrying out the objectives of this act.  In adopting any
program applicable to agricultural operations, the commission shall take
into consideration the necessity of conducting open burning.

        (2) (a)  Within such designated portions of the state, no person
shall burn or permit to be burned in any incinerator or on any open premises
owned or controlled by him, or on any public street, alley, or other land
adjacent to such premises, any rubbish, waste paper, wood, or other flam-
able material, unless a permit therefor shall first have been obtained from
the appropriate air pollution control authority.  In granting or denying the
issuance of any such permit, said authority shall base its action on the
location and proximity of such burning to any building or other structure,
the potential contribution of such burning to air pollution in the area,
climatic conditions on the day or days of such burning, and compliance by
the applicant for the permit with applicable fire protection and safety
requirements of the local authority or area.

        (b)  In all or any part of any portion of the state designated pur-
suant to subsection  (1) of this section the prohibition contained in this
subsection  (2) may be suspended by the commission with respect to any parti-
cular type or category of incinerator or open burning upon a finding that
enforcement of the prohibition would neither significantly assist in the
prevention, abatement, and control of air pollution, nor significantly en-
hance the quality of the ambient air in such designated area.

        (3)  Any person who violates subsection (2)  (a) of this section by
burning or permitting any burning without first having obtained a permit as

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                                         Air Pollution Control -  Page B-22
                                         Chap. 66, Art. 31


required shall be subject to a civil penalty of not more than one hundred
dollars per day for each day during which such a violation occurs.

        66-31-21.  RELATIONS WITH THE FEDERAL GOVERNMENT, REGIONAL AGENCIES,
AND OTHER STATES.—(1)  The department of health shall serve as the state
agency for all purposes of the federal "Clean Air Act", as amended, and regu-
lations promulgated under said act, and shall accept and supervise the ad-
ministration of loans and grants from the federal government and from other
sources, public or private, which are received by the state for air pollution
control purposes.

        (2)  As promptly as possible the commission shall hold a public hear-
ing and adopt ambient air quality standards for the Denver air quality con-
trol region which has heretofore been designated by the federal government.

        (3)  The department of health may enter into agreements with any
air pollution control agencies of the federal government, or other states,
and with regional air pollution control agencies, but any such agreement
involving, authorizing, or requiring compliance in this state with any am-
bient air standard or emission control regulation shall not be effective
unless or until the commission has held a hearing with respect to such stand-
ard or regulation and has adopted the same in compliance with section 66-31-9.

        66-31-22.  ORGANIZATION WITHIN THE DEPARTMENT  OF HEALTH.—The  air
pollution control commission,  together with  the  variance board  and  the
technical secretary  under  said commission, shall exercise  their powers and
perform their  duties and functions  specified in  this article  in the depart-
ment  of health as if the same  were  transferred to the  department by a
"Type 1"  transfer, as such transfer is defined in the  "Administrative
Organization Act of  1968",  being  chapter  53,  Session Laws  of  Colorado  1968.

        66-31-23.  APPLICATION OF ARTICLE.—(1)   The factual  or legal  basis
for proceedings or other actions  that  shall  result from a  violation of any
emission  control regulation inure solely  to,  and shall be  for the benefit
of the people  of the state generally,  and it is  not intended  to create by
this  article,  in any way,  new  or  enlarged private rights  or to  enlarge exist-
ing private  rights,  or to  diminish private rights.   A  determination that  air
pollution or air contamination exists  or  that any standard has  been disre-
garded or violated,  whether or not a proceeding  or action  may be brought  by
the state,  shall not create by reason  thereof any presumption of law  or
 finding of fact which shall inure to or be for the benefit of any person
other than the state.

         (2)   Other  than section 66-31-11, the provisions of this article  and
 regulations  adopted  hereunder  shall not  apply to air contamination insofar
 as such contamination exists within the  confines of a  particular commercial
or industrial plant, works, or shop which is the source of air contamination,
 and shall not apply  or affect  the relations  between employers and employees,
with  respect to, or  arising out of, any  condition of air contamination.

         (3)   It is  the purpose of this article to provide additional and
 cumulative remedies  to prevent and abate  air pollution and air contamination.
 Nothing in this article shall  abridge or  alter rights of action or remedies
 now or hereafter existing, nor shall any  provision of this article or any-

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Air Pollution Control -   Page  B-23
Chap. 66, Art. 31
thing done by virtue of this article be construed as estopping individuals,
cities, towns, counties, cities and counties, or duly constituted political
subdivisions of the state, from the exercise of their respective rights to
suppress nuisances.

        66-31-24.  TEMPORARY EMISSION CONTROL REGULATIONS AND CONTINUANCE OF
EXISTING ORDERS.—(1)   Upon the effective date hereof, the commission shall
be deemed to have adopted temporary emission control regulations whose pro-
visions are identical to the provisions of section 66-29-5 (2) through  (6),
as those subsections existed on January 1, 1970, and such regulations shall
be in full force and effect in each area of the state which was designated
by the division pursuant to section 66-29-8  (1) (c) , as that paragraph
existed on January 1,  1970, and such temporary emission control regulations
shall remain in full force and effect until modified, altered, or revoked
by the commission.

        (2)  All actions, orders, and determinations by the division of
administration and the state board of health pursuant to article 29 of
chapter 66, as that article existed on January 1,  1970, shall remain in
full force and effect until countermanded or modified by the division.

        (3)  All actions, orders, and determinations of the air pollution
variance board created by article 29 of chapter 66, as that article existed
on January 1, 1970, shall remain in full force and effect until counter-
manded or modified by the variance board created by this article.

        66-31-25.  LOCAL GOVERNMENT—AUTHORITY—PENALTY.—(1)  Home rule
cities, cities, towns, counties, and cities and counties are hereby author-
ized to enact local air pollution laws.  Every such law shall provide for
variances, hearings, judicial review, and injunctions consistent with sec-
tions 66-31-15 to 66-31-18, and shall include emission control regulations
which are at least the same as or may be more restrictive than the emission
control regulations adopted pursuant to this article; except that, nothing
contained in this article shall prohibit any such local law from controlling
any air contamination or air contamination source which is not subject to
control under the provisions of this article; and except that, no variance
or permit issued under any local air pollution law with respect to any facil-
ity, activity, or process, shall ever be construed to relieve any holder
thereof from the duty to maintain such facility, activity, or process in
compliance with the emission control regulations adopted pursuant to this
article, nor to relieve the division from its duty to enforce such emission
control regulations with respect to such facility, activity, or process.

        (2)  All local air pollution laws and orders issued pursuant thereto
in existence at the time this article takes effect are hereby validated as
though adopted pursuant to the authority of subsection  (1) of this section;
but if any such local law or order fails to meet the requirements of this
article, the governing body under whose authority such law or order was pro-
mulgated shall have until July 1, 1971, to amend,  modify, or repeal the same
so that it will meet the requirements of this article, but if not so amended,
modified,  or repealed, the same shall be superseded by this article.

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                                           Air Pollution Control -  Page B-24
                                           Chap. 66, Art. 31
        (3)  To the extent a local air pollution law adopted by a county is
more restrictive than such a law adopted by any city or town within such
county, the county law shall apply in lieu of the city or town law to the
extent of the inconsistency.

        (4)  Application, operation, and enforcement of valid local air pol-
lution laws shall be completely independent of but may be concurrent with
the application, operation, and enforcement of this article.  The appoint-
ment of an air pollution control authority by the division shall in no way
affect the duties and responsibilities given the same person or agency under
a local air pollution law, and the appointment of an air pollution control
authority by a local governmental unit shall in no way affect the duties and
responsibilities given the same person or agency by the division.

        (5)  Any local governmental authority enforcing air pollution control
regulations which shall issue any enforcement order or grant any variance
shall, at the time of such issuance or granting, transmit to the commission
a copy of such order or variance.

        (6)  In order to assure coordination of efforts to control and abate
air pollution, at least semiannually the commission and each air pollution
control authority created by a local air pollution law shall confer and re-
view each other's records concerning the area subject to such local law and
coordinate their respective plans and programs for such area.

        (7)  No local air pollution control authority shall institute any
system or program that conflicts with, or is in any way inconsistent with,
air pollution emergency plans promulgated by the governor pursuant to section
66-31-11  (2).

        (8)  Subject to such variances as may be issued pursuant to a local
air pollution law, any person who shall violate any emission control regula-
tion specified in any local air pollution law, within the jurisdiction of
the local government unit enacting the same, shall be subject to a civil
penalty of not more than three hundred dollars.  Each day during which such
a violation occurs shall be deemed a separate offense.

        66-31-26.  DISPOSITION OF FINES AND PENALTIES.—All receipts from
penalties or fines collected under the provisions of sections 66-31-19 and
66-31-20  shall be credited  to the general fund of the state.

        *66-31-27.  MOTOR VEHICLE EMISSIONS CONTROL PROGRAM.—(1)  The com-
mission shall have the authority to adopt regulations concerning high alti-
tude tuning specifications  to control motor vehicle emissions in this state.

         (2)  The departments of revenue and health shall develop joint pro-
grams where appropriate  for the control of motor vehicle emissions.  Though
the departments of health  and revenue shall confer and cooperate in  all
aspects of the motor vehicle emission control program, the primary respon-
sibility  of the commission  is the adoption of rules and regulations, and
the primary responsibility  of the department of revenue is the  enforcement
of  those  rules and regulations as delegated pursuant to 66-31-10  (2)  (g).

         (3)  Not later than December  1, 1973, the departments of health  and
revenue are directed to  complete certain pilot  and testing programs  and

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Air Pollution Control - Page B-25
Chap. 66, Art. 31


studies and make joint recommendations to the governor and to the general
assembly.

         (4) (a)  The department of health shall develop a pilot program for
the purpose of testing a representative sample of motor vehicles with vari-
ous vehicle emission control alternatives which may include emission testing
and maintenance, air pollution control tuneup, and vehicle modification al-
ternatives as determined by the commission.

         (b)  Based upon the results of the pilot program, the commission
shall develop recommendations for implementing programs of emission testing
or mandatory maintenance, or both; air pollution control tuneups; and vehi-
cle modifications, including altitude modifications and retrofit control
systems, for the control of motor vehicle emissions.  Such recommendations
shall include information on the costs and air pollution control effective-
ness of alternate control measures and legislative and regulatory measures
necessary to implement an effective program.  Any program recommended shall
be based upon establishing statewide minimum standards and shall include
more stringent standards for motor vehicles registered in air quality con-
trol basins defined by the commission.

       *66-31-28.  TRAINING PROGRAMS AND STUDIES—EMISSION CONTROLS.—(1)
No later than July 1, 1974, state-employed investigators shall complete a
training course and pass qualification tests as developed and approved by
the commission, after conferring with the department of revenue, as re-
lated to the orientation and basic maintenance procedures on air pollution
control systems installed by manufacturers.  The commission may waive the
requirement for completion of such a training course under such circum-
stances as the commission deems appropriate.  Only inspectors passing said
qualification tests shall perform emission inspections.  The commission
may require, pursuant to section 13-5-113, C.R.S. 1963, that inspection
stations have on hand by July 1, 1974 any equipment necessary to complete
emission inspections as provided for in this section.

         (2)  The departments of health and revenue shall jointly recommend,
by December 1, 1973, additional training programs which may be necessary to
help implement motor vehicle emission control measures.

         (3)  No later than February 1, 1974, pilot training programs con-
sistent with the provisions of this section shall have been completed to
determine program costs and effectiveness in meeting the training require-
ments of this section.

         (4) (a)  The departments of health and revenue jointly shall recom-
mend a program to insure consumer protection in the implementation of the
motor vehicle emission control program.  The departments shall make recom-
mendations relating to penalties and enforcement procedures that will not
only be effective in the control of emissions, but also allow persons in
violation reasonable time to comply with any requirements established.

         (b)  The commission shall consider, in promulgating rules and regu-
lations, the adverse effect of said rules and regulations upon gasoline

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                                           Air Pollution Control -  Page B-26
                                           Chap. 66, Art. 31
mileage, performance, or other factors as to any make, model, or class of
motor vehicles as well as the public benefit in reducing air pollution.
The commission may make recommendations to exempt from regulations any make
or model of motor vehicle for which either gas mileage, performance, or
other factor would be adversely affected in a significant manner by said
control measures.

        (c)  Any make or model of motor vehicle, fueled by natural gas, or
powered by electrical energy, or powered by a Rankin cycle engine, shall be
exempt from the provisions of section 66-31-27.

      **66-31-29.  EMISSION DATA—PUBLIC AVAILABILITY.—Notwithstanding any
other provisions of this article, or any other law to the contrary, all
emission data received or obtained by the commission or the variance board
shall be available to the public to the extent required by the federal
"Clean Air Act of 1970" as the same may be amended from time to time.

For reference purposes, the following sections are included:

Chapter 13, Section 5, Operation of Vehicles

        ** 13-5-113  Periodical Inspections Required
        ** 13-5-160  Air Pollution Control Devices - Tampering - Operation
                     of Vehicle

Chapter 40, Colorado Criminal Code

        ** 40-13-110  Air Pollution Violations
           40-1-107   Petty Offenses Classified
           40-8-503   Perjury in the Second Degree

        13-5-113  (2), Colorado Revised Statutes 1963  (1969 Supp.), is
repealed and reenacted, with amendments, to read:

        13-5-113.  PERIODICAL INSPECTIONS REQUIRED.—(2)  (a)  The inspection
required by this section shall include an inspection of the lights, brakes,
steering assemblies, window and windshield glass, exhaust system, mufflers,
fenders, and any other equipment or accessory, the proper functioning of
which is found by the department of revenue to be necessary to the safe
operation of the vehicle.

        (b)  Except as to devices found by the air pollution control com-
mission to be ineffective pursuant to section 66-31-6  (4), C.R.S. 1963, the
inspection required by this section shall include the crank case ventilat-
ing system on gasoline propelled automobiles and trucks manufactured in the
United States after July 1, 1965, and on all other motor vehicles equipped
with the same, connection of air pollution control devices installed by the
manufacturer of any automobile of a model year of 1968 or later, and any
other inspection prescribed pursuant to paragraph  (c) of this subsection  (2),

        (c)  Effective July 1, 1973, as part of the inspection required by
this section, the air pollution control commission is authorized to adopt

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Air Pollution Control -  Page B-27
Chap. 66, Art. 31
regulations pursuant to sections 66-31-8 and 66-31-9, C.R.S. 1963, for the
proper connection and operation of air pollution control devices installed
by the manufacturer in any motor vehicle for the purpose of controlling
vehicle emissions; the air pollution control commission may further adopt
rules and regulations governing other air pollution control devices; which
rules and regulations shall be enforced by the department of revenue.  Such
rules and regulations pertaining to inspections for the proper operation of
all pollution control devices shall not become effective before July 1, 1974,
and prior to that time, the air pollution control commission shall recommend
to the general assembly an appropriate fee therefor.

         (d)  Effective with the sale of inspection certificates to be issued
after July 1, 1973, there shall be a fee of fifteen cents in addition to
that prescribed by section 13-5-114 (5), which fee shall be paid to the
department of revenue along with the fee paid under section 13-5-114  (4),
and shall be credited to the special account prescribed by section 13-5-114
(4) and may be used, subject to appropriation by the general assembly, to
cover the cost of the motor vehicle emissions control activities of the
departments of health and revenue.

        13-5-160.  AUTOMOBILE AIR POLLUTION CONTROL DEVICES—TAMPERING—
OPERATION OF VEHICLE.—(1)  No person shall knowingly disconnect, deactivate,
or otherwise render inoperable any air pollution control device which has
been installed by the manufacturer of any automobile of a model year of 1968
or later.

         (2)  No person shall operate on any highway in this state any auto-
mobile described in subsection (1) of this section knowing that any air
pollution control device installed on such automobile has been disconnected,
deactivated, or otherwise rendered inoperable.

         (3)  Any person who violates any provision of this section shall be
guilty of a misdemeanor, and upon conviction thereof shall be punished by a
fine of not less than ten dollars nor more than one hundred dollars, or by
imprisonment in the county jail for not more than ten days, or by both such
fine and imprisonment.

         (4)  The air pollution control commission may adopt rules and regu-
lations pursuant to sections 66-31-8 and 66-31-9, C.R.S. 1963, which permit
or allow for the alteration, modification, or disconnection of manufacturer-
installed air pollution control systems or manufacturer tuning specifica-
tions on motor vehicles for the purpose of controlling vehicle emissions.
Nothing in this section shall prohibit the alteration or the conversion of
a motor vehicle to operate on a gaseous fuel, providing that the resultant
emissions are at levels complying with state and federal standards for that
model year of motor vehicle.

        40-1-107.  PETTY OFFENSES CLASSIFIED, PENALTIES.—A violation of a
statute of this state is a "petty offense" if specifically classified as a
class 1 or class 2 petty offense.  The penalty for commission of a class 1
petty offense is a fine of not more than five hundred dollars or imprison-
ment for not more than six months other than in the state penitentiary, or
both.  The penalty for commission of a class 2 petty offense is a fine
specified in the section defining the offense.  The penalty assessment

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                                         Air Pollution Control -  Page B-28
                                         Chap. 66, Art. 31
procedure of section 40-1-305 is available for the payment of fines in
class 2 petty offense cases.

        Editor's note:  Section 40-1-305 has been repealed.

        40-13-110.  AIR POLLUTION VIOLATIONS.—(1)  (a)  (i)  It is a class 2
petty offense as specified in section 40-1-107 for any person to cause air
pollution by any of the means:

         (ii)  To cause or permit, in any air pollution control region desig-
nated by the commission in which more than thirty times per year the carbon
monoxide level exceeds nine parts per million averaged over an eight hour
period, the emission into the atmosphere from any motor vehicle powered by
gasoline, or other fuel except diesel, of any visible air contaminant
(except water vapor) for a period greater than five consecutive seconds;
except that no two-cycle gasoline-powered motor vehicle shall emit into
the atmosphere any air contaminant  (except water vapor) of a shade or den-
sity equal to or greater than twenty percent opacity for a period greater
than ten consecutive seconds;

         (iii)  To cause or permit the emission into the atmosphere from any
diesel-powered motor vehicle operating not more than at an altitude of eight
thousand feet above mean sea level any air contaminant  (except water vapor)
of a shade or density equal to or greater than thirty percent opacity for
a period greater than ten consecutive seconds, other than as a result of a
cold engine start-up;

         (iv)  To cause or permit the emission into the atmosphere from any
diesel-powered motor vehicle operating at more than eight thousand feet
above mean sea level any air contaminant  (except water vapor) of a shade
or density equal to or greater than forty percent opacity for a period
greater than ten consecutive seconds, other than as a result of a cold
engine start-up;

         (b)  Opacity is defined as the degree to which an air contaminant
emission obscures the view of an observer, expressed in percentage of the
obscuration or in the degree  (percent) to which transmittance of light is
reduced by an air contaminant emission.

         (2)  (a)  The air pollution control commission shall establish train-
ing requirements for peace officers charged with the enforcement of the pro-
visions of subsection  (1) of this section.

         (b)  In addition to the enforcement of  the provisions of subsection
 (1) of this section by peace officers, the air pollution  enforcement offi-
cers of the department of health, including designated air pollution agents
of the department,  shall enforce the provisions of  this section and, for
such purposes only, shall have the powers of peace  officers.

         (3)  (a)  Effective January  1, 1974, the offense of causing air pol-
lution as defined in this section is punishable by  a  fine of twenty-five
dollars.  Penalty assessment procedures provided  in section  39-2-201, C.R.S.
1963, shall be utilized in the enforcement of this  section and shall be
subject to the additional provisions of this subsection  (3).  Prior to such

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Air Pollution Control -  Page B-29
Chap. 66, Art. 31
date, peace officers may issue notices warning of conditions which appear
to violate the provisions of this section.

         (b)  Copies of every notice issued on or after January 1, 1974,
shall be forwarded by the issuing officer to the Colorado department of
revenue, motor vehicle division, and to the clerk of the county court of
the appropriate county.  The notice, in the form of a summons and complaint,
shall provide that the person charged may pay the specified fine in person
or by mail at the office of the Colorado department of revenue, motor ve-
hicle division, Denver, Colorado, within seven days after the date of
issuance of the notice, shall specify a date not less than thirty nor more
than sixty days after its date of issuance for appearance to answer the
charge if the fine is not paid, and shall further give notice that, in the
alternative, the person may have the charge dismissed by complying with
the provisions of paragraph (c) of this subsection (3).

         (c)  Upon presentation to the court, by mail or in person, of an
affidavit by the owner of the vehicle described in the penalty assessment
notice that the vehicle has been disposed of in such manner that it will
no longer be operated on the highways, together with the registration
card and number plates of such vehicle, the complaint shall be dismissed.
Likewise, upon presentation, by mail or in person, of an affidavit of the
owner that such automobile has been repaired prior to the date set for
appearance upon the charge and that it is not in violation of the provi-
sions of this section when in normal operation, the complaint shall be
dismissed.  Any such affidavit is subject to the penalties of perjury in
the second degree if made in violation of the provisions of section
40-8-503.

        40-8-503.  PERJURY IN THE SECOND DEGREE.  A person commits perjury
in the second degree if, other than in an official proceeding, with an
intent to mislead a public servant in the performance of his duty, he
makes a materially false statement, which he does not believe to be true,
under an oath required or authorized by law.  Perjury in the second degree
is a class 1 misdemeanor.

                    APPROPRIATION.—(1)  In addition to any other appropri-
ation, there is hereby appropriated out of any moneys in the state treasury
not otherwise appropriated, to the department of health, for the fiscal
year beginning July 1, 1973, the sum of three hundred eighty thousand nine
hundred fifty-one dollars  ($380,951),  or so much thereof as may be neces-
sary, for the motor vehicle emissions control program authorized by this
act.  These funds shall be used to develop within the department of health
a motor vehicle emissions control section, to develop a pilot program for
the testing of vehicle emission control alternates, to develop training
programs, and to develop other measures and recommendations in line with
the intent of this act.

         (2)  In addition to any other appropriation, there is hereby ap-
propriated out of any moneys in the special account within the highway users
tax fund prescribed by section 13-5-114 (4), C.R.S. 1963, not otherwise
appropriated, to the department of revenue, for the fiscal year beginning
July 1, 1973, the sum of twenty-five thousand fifty-nine dollars  ($25,059),
or so much thereof as may be necessary, for the performance of its duties
in the implementation of this act.

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          APPENDIX C




40 CFR 52, SUBPART G - COLORADO
             C-l

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                             Subpart G—Colorado

  § 52.320   Identification of plan.

    (a) Title of plan: "Air Quality Implementation  Plan for State  of Colorado".
    (b) The plan was officially submitted on January 26, 1972.
  (c)  Supplemental  information  was      Pollution Control Commission;
submitted on:                                 (3) May  1, 1972, by the Colorado Air
  (1)  February 14, and March 20, 1972;      Pollution Control revision, and
  (2)  May 1, 1972, by the Colorado Air        (4) June 4, 1973, and  July 16, 1973.


  § 52.321   Classification of regions.

    The Colorado  plan was evaluated  on the basis of the following classifications:
Air quality
control region i
Pawnee Intrastate
Metropolitan
Denver
Intrastate
Comanche
Intrastate
San Isabel
Intrastate
San Luis
Intrastate
Four Corners
Interstate
Grand Kssa
Intrastate
Yairpa Intrastate

Partkulate
n-atter
I
I
III
I
III
IA
III
III
Sulfur
oxides
III
III
III
III
III
IA
III
III
''ollutant ]
HUrogcn
dioxide
III
III
III
III
III
III
III
III
Carbon
ironoxide
III
I
III
III
III
III
III
III
fhotochem'cdl
oxidants
(hydrocarbons)
III
I
III
III
III
III
III
III
                              [39 FR 16344, May 8,  1974]
  § 52.322  Extensions.

     (a) The Administrator hereby extends for 18 months the statutory timetable for
  submission of Colorado's plan for attainment and maintenance of the secondary
  standards  for paniculate matter in the Metropolitan Denver, San Isabel, and
  Pawnee Intrastate Regions.
  (b) The Administrator hereby extends     monoxide and photochemical oxidants in
until May 31, 1977, the attainment date     the Metropolitan Denver Intrastate Air
for the national standards for oarbon     Quality Control Region.


   § 52.323   Approval status.
     With the exceptions set forth in this subpart, the  Administrator approves Colo-
   rado's plan for the attainment and maintenance of the national standards.
   § 52.324   Legal authority.
     (a)  The requirements of § 51.11(a) (6) of this chapter are not met since the State
   lacks the authority to require owners or operators  of stationary sources to install,
   maintain, and use emission  monitoring  devices and to make periodic reports to the
   State on the nature and amounts of emissions from such stationary sources.
     (b)  Delegation of  authority:  Pursuant  to section 114 of the Act, Colorado re-
   quested a delegation of authority to enable it to require sources to install and main-
   tain monitoring equipment and to report periodically on the nature and amount of
   their emissions. The Administrator has determined that Colorado  is qualified to
   receive a delegation of the  authority it requested.  Accordingly, the  Administrator
   delegates to Colorado his authority under section  114(a)(l)  (B)  and  (C)  of the
   Act, i.e., authority to require sources within the State of  Colorado  to  install and
   maintain monitoring equipment  and  to  report periodically on  the nature and
   amount of their emissions.
                                      C-2

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                       § 52.32.">   Attainment  The requirements of § 51.14 of this
chapter are  not met  because the plan
does  not  provide  for  attainment  and
maintenance of the national standards
for photochemical oxidants  (hydrocar-
bons) and carbon monoxide in the Met-
ropolitan  Denver Intrastate Air Quality
Control Region  by May 31, 1977.
§ 52.329  Rules and regulations.
  (a)  The requirements of § 51.22 are
not met since regulations for the control
cf stationary hydrocarbon  regulations
necessary for the attainment of the na-
tional  standards for photochemical oxi-
dants  have  not   been  submitted  or
adopted.
§ 52.330  Gasoline limitations.
  (a) Definitions:
  (1) "Distributor" means any person or
entity that transports or stores or causes
the transportation or storage of  gasoline
between any refinery and any retail out-
let.
  (2) "Retail outlet" means any estab-
lishment  at which  gasoline  is  sold or
offered  for  sale to the  public, or intro-
duced into any vehicle.
  (b) This  section is applicable .within
the Metropohtan Denver Intrastate Air
Quality Control  Region  (hereafter re-
ferred to as the Region)  to all distribu-
tors of gasoline to any retail outlet in the
Region, and to the owners and operators
of all retail outlets in the Region.

  (c) If the Administrator determines,
on  the  basis  of air quality  monitoring
in the Region, that the national ambient
air quality standards for carbon monox-
ide and photochemical oxidants will not
be  attained in the Region by May 31,
1977, the Administrator shall implement
a program, to be effective no later than
May 31, 1977, limiting the total gallonage
of gasoline delivered to retail outlets to
that amount which, when combusted, will
not result  in  such ambient  air  quality
standards being exceeded.

  (d) All distributors to which this sec-
tion applies shall  provide  the  Adminis-
trator with a detailed annual accounting
of the amount  of  gasoline delivered to
each  retail outlet  in the region for cal-
endar year  1976, and for each calendar
year  during which the gasoline  limita-
tion program  Is in effect. The  owner or
operator of each retail outlet  to which
this section applies shall provide the Ad-
ministrator with a detailed  accounting
of gasoline received from each distribu-
tor, the total amount  of  gasoline sold
during the year, and the amount of gaso-
line on hand  at the beginning and end
of the year, for each year during which
the  gasoline  limitation program  Is in
effect. All  accountings  required  by this
section  shall be provided no later than
90  days after the  end of the applicable
year. The  Administrator  may  require
any other reports that he  may  deem
necessary  for  the implementation of
this section.
                                                         C-3

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§ 52.331  Control of dry clrnniiiR solvent
     evaporation.
  (a)  "Drycleanlng  operation"  means
that process by which an organic solvent,
as denned In 5 52.333(k), Is used In the
commercial  cleaning of  garments and
other fabric materials.
  (b) This  section is applicable In the
Metropolitan  Denver  Intrastate  Air
Quality Control Region.
  (c) No person shall  operate a  dry
cleaning operation  using  other   than
perchloroethylene, 1,1,1-trlchloroethane,
or saturated halogenated hydrocarbons
unless toe uncontrolled organic emissions
from such operation are reduced at least
85 percent, except that dry cleaning op-
erations emitting less than 3 pounds per
hour  and less than 15  pounds  per day
of uncontrolled   organic  materials are
exempt from  the requirements of this
section.
  (d) If incineration is used as a control
technique,  90 percent or more of the
carbon  In the organic compounds being
Incinerated  must be oxidized to carbon
dioxide. Compliance  with this  require-
ment shall  be in accordance with the
provisions of § 52.338.
  (e) Any owner or operator of a source
subject  to this section shall achieve com-
pliance  with the requirements  of  para-
graph ic) of this section  by discontinu-
ing the use  of photochemically  reactive
solvents as  defined  by   152333(1) no
later than January 31,  1974, or by con-
trolling emission as  required by  para-
graphs  (c)  and  (d)  of  this section in
accordance  with  the requirements  of
§52.338.
§ 52.332  Dcgreasing operations.
  (a> "Degreasing" means the operation
of using an organic solvent as a surface
cleaning agent.
  (b) This  section is applicable hi the
Metropolitan  Denver  Intrastate  Air
Quality Control Region.
  (c) No person shall use for degreasing
any  organic solvent other than   1,1,1-
trlchloroethane,  perchloroethylene,  or
saturated   halogenated   hydrocarbons
after January 31, 1974, unless the uncon-
trolled  organic emissions  from such op-
eration have been reduced at least 85 per-
cent overall.
  (d)  Degreasing  operations   emitting
less  than 3 pounds  per  hour and less
than 15 pounds  per day of uncontrolled
organic materials are exempt  from the
requirement of this section.
  (e) If incineration is used as a con-
trol  technique, 90 percent or more of the
carbon in the organic compounds  being
Incinerated  must be  oxidized to carbon
dioxide. Compliance with this paragraph
shall be in accordance with the  provi-
sions of § 52.338.
  (f) Any owner or operator of  a sta-
tionary source  subject  to this section
shall achieve compliance with the re-
quirements  of paragraph  (c) of  this sec-
tion  by discontinuing  the use of any
organic solvent other than 1,1,1-trlchlo-
roethane, percloroethylene, or saturated
halogenated hydrocarbons no later than
January 31, 1974, or by  controlling emis-
sions as required by paragraphs (c) and
(e)  of  this section in  accordance with
the requirements 01' } 52.338.
§ 52.333  Organic golvrnl \intgr.
  (a) This section is  applicable in the
Metropolitan  Denver  Intrastate  Air
Quality Control Region. Compliance with
the  requirements  of  paragraphs  (b)
through (i) of this section shall be In
accordance   with  the  provisions  of
§ 52.338.
  (b) No person  shall discharge more
than 15 pounds of organic materials into
the atmosphere In any one day nor more
than 3 pounds in any one hour from any
article, machine, equipment or other con-
trivance In which any organic solvent or
any  material containing organic solvent
comes  into contact  with flame  or is
baked, heat-cured, or heat polymerized,
in the  presence  of oxygen,  unless  all
organic materials discharged  from such
article,  machine,  equipment,  or  other
contrivance have been  reduced  by at
least 85 percent overall.
  (c) No person  shall discharge  more
than 40 pounds of organic material into
the atmosphere in any one day or more
than 8 pounds in any one hour from any
article,  machine,  equipment,  or  other
contrivance used under conditions other
than described in paragraph  (b) of this
section  for employing, applying,  evap-
orating, or drying  any photochemically
reactive solvent, as denned in  paragraph
(1) of this section,"or  material contain-
ing such solvent, unless all organic mate-
rials discharged from  such article, ma-
chine,  equipment, or other contrivance
have been reduced by at least 85 percent
overall.
  (d) Any series  of articles,  machines,
equipment,  or other  contrivances de-
signed  for processing  a  continuously
moving sheet, web, strip, or  wire  which
is subjected to any combination of oper-
ations described  in paragraphs (b) and
(c)  of this section involving any photo-
chemically  reactive solvent,  as defined
in paragraph (1) of this section, or mate-
rial containing such  solvent,  shall be
subject to compliance with paragraph (c)
of this section.  Where only  non-photo-
chemically  reactive solvents  or  mate-
rials containing  only non-photochemi-
cally reactive solvents are employed or
applied, and where any portion or por-
tions of said series of articles, machines,
equipment, or other contrivances involves
operations described in paragraph (b)
of  this section,  said  portions shall be
collectively subject to compliance with
paragraph >t>> of this section.
   (e)  Emissions  of organic materials to
the  atmosphere  from the cleanup with
photochemically  reactive solvent, as de-
nned in paragraph (11 of this section, of
 any article, machine, equipment, or other
contrivance described in paragraphs (b),
 (c), or (d) of this section shall  be in-
cluded  with the other emissions of or-
 ganic  materials  from that article, ma-
chine,  equipment, or  other  contrivance
 for  determining  compliance  with this
 section.
   (f)  Emissions  of organic materials
 into the atmosphere as a  result of con-
 tinuous drying of products  during  the
first 12 hours after their  removal from
 any article, machine, equipment, or other
 contrivance described in paragraphs (b),
 (c), or (d)  of this section shall be in-
 cluded with other emissions of organic
materials  from  that  article, machine,
equipment or  other contrivance for de-
termining compliance  with  this section.
  (g)  Emissions of organic materials
Into the atmosphere required to be con-
trolled by paragraphs (b), (c), or ,
 (c), (d), or  (e) of  this section,  if:
    (i) The organic solvent content of such
 material  does not exceed 20 percent by
 volume of said  material,
    (ii) The volatile content  is not photo-
 chemically  reactive as defined  in  para-
 graph (1) of this section,
   (iii) More than 50  percent by volume
of  such  volatile material  is evaporated
before entering a chamber heated above
 ambient  application temperature,  and
   (iv) The organic solvent or  any ma-
 terial containing organic solvent does not
 come into contact with flame.
                                                        C-4

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   (6)  The use of any material, In any
article, machine, equipment,  or  other
contrivance described In paragraphs (b),
(c), (d), or (e)  of this section, If:
   (!) The organic solvent content of such
material does not exceed 5 percent by
volume of said material,
   (11)  The volatile content is not photo-
chemically reactive as  defined In para-
graph (1) of this section, and
   (111) The organic solvent or any ma-
terial containing organic solvent does not
come Into  contact with flame.
   (k)  For  the  purposes of  this section,
organic  solvents include  diluents  and
thinners and are defined as organic ma-
terials which are liquids at standard con-
ditions and which are  used as dissolvers,
viscosity reducers, or cleaning agents.
   (1) For the purposes of this section, a
photochemically  reactive solvent is any
solvent with an aggregate of more than
20 percent of its total volume composed
of  the chemical compounds classified
below  or which  exceeds any of  the fol-
lowing individual percentage composition
limitations, referred  to the total  volume
of solvent:
   (1)  A  combination  of hydrocarbons,
alcohols, aldehydes, esters, ethers, or ke-
tones having an olefinic or cyclo-olefinic
type of unsaturation:  5 percent;
   (2)  A  combination of aromatic  com-
pounds with eight or more carbon atoms
to the molecule except ethylbenzene: 8
percent;
   (3) A combination of ethylbenzene or
ketones having  branched hydrocarbon
structures, trichloroethylene or toluene:
20 percent.
   (m> Whenever any organic solvent or
any  constituent  of an organic  solvent
may be classified from its chemical struc-
ture into more  than one of  the above
groups of organic compounds, it shall be
considered as a member of the most re-
active chemical group,  that is, that group
having the least allowable percent of the
total volume of solvents.
   (n)  For the purpose  of  this  section,
organic materials are defined as chemical
compounds of carbon excluding  carbon
monoxide,  carbon dioxide, carbonic acid,
metallic  carbides, metallic carbonates,
and ammonium carbonate.
   (o)  This  section shall be effective on
the date of its adoption for any article,
machine,  equipment, or  other  contriv-
ance not  then completed and put into
service. As for  all other articles,  ma-
chines, equipment, or other contrivances,
compliance shall be required in accord-
ance with § 52.338.
   (p)  A person  shall not, after  May 31,
1975, discharge into the atmosphere more
than 3,000 pounds of  organic materials
in any one day nor more than 450 pounds
in any one hour from any article, ma-
chine, equipment, or other contrivance in
which any non-photochemically reactive
solvent or  any material containing such
solvent is  employed  or applied, unless
said discharge  has been  reduced by at
least 85  percent. Emissions of organic
materials into the atmosphere resulting
from air or heated drying of products for
the first 12  hours after their removal from
any article, machine, equipment, or  other
contrivance  described  In  this  section
shall be  included in  determining  com-
pliance with this section. Emissions re-
sulting from  baking,  heat-curing,  or
heat-polymerizing shall be excluded from
determination  of  compliance with  this
section. Those  portions of any series of
articles, machines, equipment, or other
contrivances designed for processing  a
continuous web, .strip, or wire which emit
organic materials and  using operations
described  in this section shall be  col-
lectively subject to compliance with this
section.

§ 52,334  Storage of petroleum products.
  (a)  This  section is applicable In the
Metropolitan Denver Intrastate Air Qual-
ity Control Region. Compliance with the
requirements of  paragraph (b) of  this
section shall be in accordance with the
provisions of §  52 338.
  (b) No person shall place, store or hold
in any stationary tank,  reservoir,  or
other container of more than 40.000 gal-
lons  capacity any gasoline or any petro-
leum distillate  having a vapor pressure
of 1.5 pounds per square inch absolute
fpsia) or  greater under actual storage
conditions, unless such tank, reservoir or
other container is a pressure tank niain^
taming working pressures sufficient at all
times  to prevent hydrocarbon vapor or
gas loss to the atmosphere, or is designed
and  equipped with one of the following
vapor loss  control  devices, properly in-
stalled, in  good  working  order, and in
operation:
  (DA floating roof, consisting of a pon-
toon type or double deck type roof,  rest-
ing on the surface of  the liquid contents
and equipped with a closure seal, or seals,
to close the space between the roof edge
and  tank  wall. The  control equipment
provided for in this paragraph shall not
be used if the gasoline or petroleum dis-
tillate has  a  vapor  pressure  of   110
pounds per  square  inch absolute  or
greater under actual  storage conditions.
AH tank gauging  and sampling devices
shall  be gas-tight except when gaug-
ing or sampling is taking place.
  (2) A vapor  recovery system,  consist-
ing of a vapor gathering system capable
of collecting the hydrocarbon vapors and
gases discharged and a vapor  disposal
syscem capable  of processing such hydro-
carbon vapors and gases so as to prevent
their emission  to  the atmosphere,  with
all tank gauging and sampling devices
gas-tight, except  when gauging  or sam-
pling is taking  place.
  (3)  Other equipment  of  equal  effi-
ciency, provided such equipment is ap-
proved by the Administrator.


§ 52.335  Organic  liquid loading.
  (a)  "Loading- facility" means  any ag-
gregation   or   combination  of  organic
liquid loading equipment which is  both
possessed by one person and  located so
that all the organic liquid loading out-
lets for such aggregation or combination
of loading  equipment can  be  encom-
passed within  any circle  of 300 feet in
diameter.
  (b)  This  section is applicable In the
Metropolitan   Denver  -Intrastate   Air
Quality Control Region. Compliance with
the  requirements  of  paragraphs  (b)
through (d)  of this section  shall be in
accordance   with  'he   provisions  of
5 52  338.
   (c) No person shall load organic liquids
having  a vapor pressure of 1 5 psi.a or
greater under actual loading conditions
into any tank truck, trailer, or  railroad
tank  car from any  loading facility un-
less the loading facility is equipped with
a  vapor collection and disposal system,
or its equivalent,  approved by  the  Ad-
ministrator.
   (d) Loading  shall be accomplished in
such a manner that all displaced  vapor
and air will be  vented only  to the  vapor
collection  system.   Measures shall  be
taken to prevent liquid drainage from the
loading device when it is not in use or to
accomplish complete drainage before the
loading device is  disconnected.
   (e) The  vapor disposal portion of the
vapor collection  and  disposal system
shall  consist of one of the following:
   (1) An absorber system or  condensa-
tion system  which processes  all vapors
and  recovers at  least  90  percent  by
weight of the organic vapors and gases
from the equipment being controlled.
   (2) A vapor handling system which
directs all  vapors to a fuel gas system.
   (3) Other equipment of equal efficiency
provided such equipment is  approved by
the Administrator.
   (f)  This section shall apply only  to the
loading of organic liquids having a vapor
pressure of  1.5 psia  or  greater  under
actual loading  conditions at a facility
from which at least 20,000 gallons of such
organic liquids are loaded in any one day.
§ ,)2.336  Gasoline transfer  vapor con-
     trol.
  (a) "Gasoline"  means any petroleum
distillate having  a Reid vapor pressure
of 4 pounds or greater.
  >b) Tl-is  section is  applicable in the
Metropoatan   Denver  Intrastate  Air
Quality Control Region.
  (c) No  person  shall transfer  gasoline
from any delivery vessel into any station-
ary  storage container  with  a capacity
greater than 250 gallons unless such con-
tainer is equipped with a submerged  fill
pipe and unless the displaced vapois from
the storage  container are processed by a
system  that  prevents release   to  the
atmosphere of no less than 90 peicent by
weight  of organic compounds  in said
vapors displaced from the stationarj con-
tainer location.
  (1) The vapor  recovery portion of the
system  shall include one or moie of the
following:
  (i) A vapor-tight return line from the
storage container to  the  delivery vessel
and a system that will ensure that the
vapor  return line is  connected  befoie
gasoline can  be  transferred  into  the
container.
  (ii> Refrigeration-condensation system
or equivalent designed to  recover no less
than 90 percent by weight of the oiganlc
compounds  in the displaced  vapor.
  (2)  If  a  "vapor-tight  vapor return"
system  is  used  to meet the requirements
of this section, the system  shall be so
constructed as to be  readily added  on
to retrofit  with  an adsorption  system,
refrigeration-condensation   syscem,  or
equivalent vapor  removal  system, and so
constructed as to anticipate compliance
with § 52 337.
                                                        05

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  (3)  The  vnpor-lnden  delivery  vessel
shall be subject to the following condi-
tions:
  (1) The delivery vessel must be so de-
signed and  maintained  as to be vapor-
tight at all times.
  (ii)  The  vupor-laden  delivery  vessel
may   be  refilled  only   at   facilities
equipped with a vapor recovery  system
or the equivalent, which can recover at
least 90 percent by weight of the organic
compounds m the vapors displaced from
the delivery vessel during refilling.
  (iii) Gasoline storage compartments of
•1,000 gallons or less in gasoline delivery
vehicles presently in use on the promul-
gation date of this regulation will not be
required to be retrofitted  \\ith  a vapor
return system until January 1,  1977.
  (d)  The provisions  of  this paragraph
 (c) shall not apply to the f piloting:
  (1) Stationary containers having a ca-
pacity less than 550 gallons used  exclu-
sively  for the  fueling of implements of
husbandry.
  (2)  Any container  having a capacity
less  than 2,000 gallons installed prior to
promulgation of this para-graph.
  (3)  Transfer made to storage tanks
equipped with  floating  roofs  or  their
equivalent.
  (e) Compliance schedule:
  (1)  June   1,   1974.   Submit   to   the
 Administrator a final control plan, which
 describes at a minimum the steps which
 will be  taken by the source to  achieve
 compliance with the provisions of para-
 graph (c) of this section.
     [39 FR 4880, February 8, 1974]

  (2) November I, 1974.  Negotiate  and sign
 all  necessary  contracts  for emission  control
 systems,  or issue orders for the purchase of
 component parts to accomplish emission con-
 trol.
     [39 FR 4880, February  8, 19741
  (3) Jcnuary  I,   1975.   Initiate  on-site
 construction or installation of emission con-
 trol equipment.
     [39 FR4880, February  8, 1974)
   (4)  February 1, 1976 Complete on-site
 construction or  installation of  emission
 control equipment.
   (5)  March -1, 1976  Assure final com-
 pliance with the provisions of paragraph
 (c)  of this section.
   (6) Any  owner or operator of sources
 subject to  the compliance schedule  in
 this paragraph shall certify Co the Ad-
 ministrator, within 5 days after the dead-
 line  for each increment  of   progress,
 whether or not the required increment
 of progress has been met
   (f)  Paragraph (e) of this section shall
 not apply:
   (1) To a  source which is presently in
 compliance  with  the  provisions of para-
 graph (cJ of this section and which has
 certified such compliance  to the Admin-
  istrator  by June 1,1974.  Phe Administrator
  may request whatever supporting information
  he considers necessary for proper certification.

      (39 PR 4880, February 8, 1974]

   (2) To  a source for which a compli-
 ance  schedule  is  adopted by  the State
 and approved by the  Administrator.
   (3) To a source whose owner or opera-
 tor  submits to  the Administrator, by June  i,
  1974, a proposed  alternative schedule. No
such schedule may provide  for compliance
after March 1,  1976. If promulgated by the
Administrator, such schedule shall satisfy the
requirements of this paragraph  for  the af-
fected source.
     [39 FR 4880, February 8, 1974)
   (g)  Nothing  in this  paragraph  shall
preclude the Administrator from promul-
gating a separate schedule for any source
to  which  the application of the  com-
pliance schedule in paragraph (e) of this
section fails to  satisfy the requirements
of  § 51.15  (b) and  (c)  of this chapter.
   (h)  Any gasoline dispensing facility
subject to this regulation which installs
a storage tank after the effective date of
this regulation shall comply with the re-
quirements of paragraph (c)  of this sec-
tion by March 1, 1976. Any  facility sub-
ject to this regulation  which installs a
storage tank  after  March 1, 1976,  shall
comply with the requirements of para-
graph (c)  at  the time of installation.
 § 52.337  Control of  evaporative losses
      from the filling of vehicular tanks.
   (a) "Gasoline" means any petroleum
 distillate having a Reid vapor pressure of
 4 pounds or greater.
   (b) This section  is applicable  In  the
 Metropolitan   Denver  Intrastate   Air
 Quality Control Region.
   (c) A person shall not transfer gaso-
 line to an automotive  fuel tank from,
 gasoline dispensing  system unless  the
 transfer is made through  a fill  nozzle
 designed to:
   (1) Prevent discharge of  hydrocarbon
 vapors to the atmosphere from either the
 vehicle  filler neck or  dispensing nozzle;
   (2) Direct vapor  displaced  from  the
 automotive  fuel  tar.k   to  a  system
 wherein at least 90 percent by  weight of
 the  organic compounds  in  displaced
 vapors are recovered;  and
   (3) Prevent automotive fuel tank over-
 fills or spillage on fill nozzle disconnect.
   (d) The system referred  to in para-
 graph (c)  of this section can consist of
 a vapor-tight vapor  return line from the
 fill  nozzle-filler neck interface to the dis-
 pensing tank, to  an adsorption, absorp-
 tion,   incineration,    refrigeration-con-
 densation system  or equivalent.
   (e) Components  of the  systems  re-
 quired  by  §52336(c) can  be used  for
 compliance with paragraph (c)  of this
 section.
   (f) If it is demonstrated to  the satis-
 faction  of the Administrator  that  it is
 impractical to comply  with the  provi-
 sions of paragraph (c) of tills section as
 a result of vehicle fill neck configuration,
 location,  or other design features,  the
 provisions • of this paragraph  shall  not
 apply to such  vehicles.  However, in  no
 case shall such configuration exempt any
 gasoline dispensing  facility  from install-
 ing a system required by paragraph  (c).
   (g) Compliance schedule:
   (1) January   I,   1975.   Submit   to  the
 Administrator  a  final  control  plan.
 which describes at a minimum the stepa
 which  will be taken by the  source to
•chieve compliance with the provisions
of paragraph (c) of this section.
139 FR 4880,  February 8,  1974; 39  FR
21049, June 18,  19741
  (2) March  I,  1975.  Negotiate  and  sign
»U necessary contracts for emission con-
trol systems, or issue orders for the pur-
chase of component parts to accomplish
emission control.
139 PR 4880,  February  8,  1974,  39  FR
21049, June 18,  1974]

  (3) May I, 1975. Initiate on-site construc-
tion or installation of emission control equip-
ment.
     [39 FR 21049, June 18, 1974]

   (4) May 1,1077. Complete on-site con-
struction or installation of emission con-
trol equipment or  process  modification.
   (5) May 31,  1977. Assure final compli-
•tnce with the provisions of  paragraph
(c) of this section.
   (6) Any owner or  operator of sources
subject to the compliance schedule  in
this paragraph shall certify to the Ad-
ministrator,  within  5 days  after  the
deadline for each increment of  progress,
whether or not the required increment of
progress has been met.
   (h) Paragraph (g) of this section shall
not apply:
   (1) To a source which is presently In
compliance with the provisions of para-
graph (c)  of this section and which has
certified such compliance to the Admin-
istrator  by  January  1,   1975.  The  Ad
ministrator may request whatever sup-
porting information  he considers neces-
sary for proper certification.
 |39  FR  4880,  February  8,  1974;  39  FR
21049, June 18, 1974]

   (2)  To  a source for which a compli-
ance  schedule is adopted  by the State
and approved  by the Administrator.
   (3) 'To  a source whose owner or  op-
 erator submits to  the Administrator, by
 June  1, 1974, a proposed  alternative sched-
 ule. No such schedule  may provide for com-
 pliance after Mcy 31, 1977.  If  promulgated
 by the Administrator, such  schedule  shall
 satisfy  the requirements of this paragraph  for
 Ihe affected source.
     [39 FR 4880, February 8, 1974]

   (i)  Nothing in  this  paragraph shall
 preclude the  Administrator from  pro-
 mulgating a  separate schedule for  any
 source to which the application of the
 compliance  schedule in paragraph  (g)
 of this  section  fails to  satisfy the re-
 quirements of § 51.15 (b) and (c) of this
 chapter.
   (j)  Any gasoline  dispensing  facility
 subject to this regulation which installs
 s gasoline dispensing system  after the
 effective   date  of  this  regulation  shall
 comply  with the requirements of para-
 graph (c) of this  section by May  31,
 1977. Any facility  subject to this regula-
 tion which installs a gasoline dispensing
 system after May 31, 1977, shall comply
 with the requirements of paragraph (c)
 of this section at the time of installation.

 § 52.338   FfJcml compliance icficflulcs.
   (ft)  Except  as provided In paragrapn
 (c) of Uiis section, the owner or operator
                                                           06

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of any stationary source subject to the
requirements of 53 52 331, 52 332, 52.333,
52.334, and 52 335 shall comply with the
compliance  schedule la paragraph (b)
of this section,
   (b) Compliance schedule:
   (1) December 17,  1073. Submit to the
Administrator a final control plan, which
describes, at a minimum, the steps which
will  be  taken by  the source to achieve
compliance  with  the  sections cited in
paragraph (a) of this section.
   (2) February 16,  1974. Negotiate and
sign all necessary contracts for emission
control systems or process modifications,
or issue orders for the purchase of  com-
ponent parts to accomplish emission con-
trol  or process modification.
   (3) July 1,  1974. Initiate on-site con-
struction or installation of emission con-
trol  equipment or process modification.
   (4) May  1,  1975. Complete on-site
construction  or installation of emission
control  equipment or process modifica-
tion.
   (5) May 31, 1975.  Asiure final compli-
ance with the sections cited in paragraph
(a) of this section.
   (6) Any owner or operator of station-
ary  sources subject to  the compliance
schedule in this paragraph shall certify
to the Administrator, within 5 days  after
the deadline for each increment of prog-
ress, whether  or not the required incre-
ment of progress has been met.
   (c) Paragraph (b) of this section shall
not  apply:
   (1) To  a source which is presently in
compliance with the regulations cited in
paragraph fa) of this section and which
has certified such compliance to the Ad-
ministrator  by December 15,  1973. The
Administrator  may  request   whatever
supporting  information  he   considers
necessary for  proper certification.
   '2) To  a  source for which a compli-
ance schedule is adopted by the State and
appoved by  the Administrator.
   (3) To  a source whose owner or oper-
ator  submits  to  the Administrator,  by
December 15,  1973,  a proposed alterna-
tive  schedule. No such schedule may pro-
vide for compliance after May 31, 1975. If
promulgated by the Administrator such
schedule shall satisfy  the requirements
of this paragraph for the affected source.
   (d) Nothing in this  paragraph  shall
preclude  the  Administrator from  pro-
mulgating a  separate  schedule for any
source to  which  the application of the
compliance schedule in paragraph (b) of
this  section fails  to  satisfy  the require-
ments of § 51.15 (b) and (c) of this chap-
ter.
Istrator, shall monitor the transportation
control measures approved for the State's
implementation plan as follows:
   (1)  The actual per vehicle emission
reductions occurring as a result of:
  (i) Inspection/maintenance;
  (ii)  Airbloed (pre-19G8 light-duty ve-
hicles) ; and
  (lit)  High altitude modification (1968-
1974 light-duty vehicles).
  (2)  7Tie observed changes in  vehicle
miles traveled  (VMT) and average ve-
hicle speeds as a result of:
  (1) Bus/carpool lanes;
  (ii)  Parking lot construction  limita-
tion;
  (ui)  Limitation of on-street parking;
and
  (iv)  Mass transit  improvements.
  (c) No later than January 15, 1974, the
State shall submit to the Administrator a
detailed program demonstrating compli-
ance with paragraph (b) of this  section
and in accordance with § 51.19rd) of this
chapter. The program description  shall
include the following:
  il) The agency or agencies responsible
for conducting, overseeing,  and main-
taining the monitoring program.
  (2)  The administrative pzocess to be
used.
  (3) A description of  the methods  to be
used to collect the vehicle emission re-
ductions, and changes in VMT and aver-
age vehicle speed, including a description
of any  modeling techniques to be em-
ployed.
  (4) The funding requirements, includ-
ing a signed statement from the Gover-
nor or the State Treasurer or their re-
spective designees Identifying  the source
and amount of funds for the program.
  (d) No later than  February 15, 1974,
the Administrator will approve or disap-
prove the proposed monitoring program.
  (e) All data collected as a result of the
monitoring  program  shall be  submitted
to the Administrator on a semiannual
basis  beginning  August  15,  1974.  The
data shall be submitted in a format sim-
ilar to that presented in Appendix M to
Part 51  of this chapter.

§ 52.340  Review  of  new  sources  and
     modifications.
  (a) The  requirements  of  § 51.18  of
this  chapter are not met  because  the
State failed to  submit a plan for  the
review  of  new  or  modified indirect
sources.
  (b) Regulation for  review of new  or
modified indirect sources. The  provisions
of § 5222(b) of  this chapter are hereby
incorporated by reference and made  a
part of the applicable implementation
plan for the State of  Colorado.
§ 52.339  Monitoring transportation con-
     trols.
  (a) Tliis  section is  applicable to the
Metropolitan Denver Intrastate Region.
  (b) The State of Colorado, or a desig-
nated agency approved  by the Admin-
                                                     C-7

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   APPENDIX D




HOUSE BILL 1041
       D-l

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                                                                 1974
HOUSE BILL NO.  1041.  BY  REPRESENTATIVES  Dittemore,   Buechner,
Herzberger,   Miller,   Pettie,   Eaker,    Eckelberry,   Friedman,
Gustafson, Hamlin, Koster, O'Brian, Ross,  Sack,   Sonnenberg,   and
Tenpest;  also  SENATORS  Allshouse,  Darby,  Johnson;   Plock, H.
Brown, DeBerard, L. Fowler, Gamsey, Jackson,   Klein,   McCormick,
Schieffelin, Stockton, and Strickland.
CONCERNING   LAND   USE,   AND   PROVIDING   FOR  IDENTIFICATION,
     DESIGNATION, AND ADMINISTRATION OF AREAS AND  ACTIVITIES  OF
     STATE  INTEREST,  AND  ASSIGNING  ADDITIONAL  DUTIES  TO THE
     COLORADO LAND USE COMMISSION AND  THE  DEPARTMENT  OF  LOCAL
     AFFAIRS, AND MAKING APPROPRIATIONS TIEREFOR.

Be rt enacted by_ the General Assembly p_f the State of Colorado:

     SECTION  1.  Chapter 106, Colorado Revised Statutes 1963, as
amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:

                            ARTICLE 7

             Areas and Activities of State Interest

                             PART 1

                       GENERAL PROVISIONS

     106-7-101.  Legislative declaration.  (1) In addition to the
legislative declaration contained insection  106-4-1   (1),  the
general assembly further finds and declares that:

     (a)  The protection of the utility, value, and future of all
lands within the state, including the public domain  as  well  as
privately owned land, is a matter of the public interest;
Capital letters indicate new  material added to existing statutes;
dashes through words indicate deletions from existing statutes and
such material not part of act.
                                  D-2

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     (b)  Adequate information OH land use and systematic methods
of definition, classification, aj>d utilization thereof are either
lacking or not readily available 10 land use decision makers;

     (c)  It is the intent of the general assembly that land use,
land use planning, and quality  oc  development  are  matters  in
which  the  state has responsibility for the health, welfare, and
safety of the people of the state and for the protection  of  the
environment of the state.

     (2)  It is the purpose of this article that:

     (a)  The  general assent)ly shall describe areas which may be
of state interest and activities which may be of  state  interest
and  establish  criteria for the administration of such areas and
activities;

     (b) Local governments shall be encouraged to designate areas
and activities of state interest  and,  after  such  designation,
shall  administer such areas and activities of state interest and
promulgate guidelines for the administration thereof; and

     (c)  Appropriate   state   agencies   shall   assist   local
governments  to  identify,  designate,  and  adopt guidelines for
administration of matters of state interest.

     106-7-102.  General definitions.  As used in  this  article,
unless the context otherwise requires:

     (1)   "Development" means any construction or activity which
changes the basic character or the use of the land on  which  the
construction or activity occurs.

     (2) "Local government" means a municipality or county.

     (3)   "Local permit authority" means the governing body of a
local government with which an application for development in  an
area  of  state  interest  or for conduct of an activity  of state
interest must be filed or the designee thereof.

     (4) "Matter of  state  interest"  means  an  area of  state
interest or an activity of state interest or both.

     (5)  "Municipality"  means  a  home  rule or statutory city,
town, or city and county or a territorial charter city.

     (6) "Person" means any individual, partnership,  corporation,
association,  company,  or  other  public  or   corporate   body,
including  the  federal  government,  and  includes any political
subdivision,  agency,  instrumentality,  or  corporation   of  the
state.

     106-7-103.   Definitions  pertaining to natural  hazards.   As

                              D-3

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used in this article, unless the context otherwise requires:

     (1) "Aspect" ir-eans the cardinal direction the  land  surface
faces,  characterized  by  north-facing  slopes  generally having
heavier vegetation cover.

     (2) "Avalanche" means a  mass  of  snow  or  ice  and  other
material which may become incorporated therein as such mass moves
rapidly down a mountain slope.

     (3) "Corrosive soil" means soil which contains soluble salts
which may produce serious detrimental effects in concrete, metal,
or other substances that are in contact with such soil.

     (4)  "Debris-fan  .floodplain"  means  a  floodplain which is
located at the mouth of a mountain  valley  tributary  stream  as
such stream enters the valley floor.

     (5) "Dry wash channel and dry wash floodplain" means a small
watershed  with a very high percentage of runoff after torrential
rainfall.

     (6) "Expansive soil and rock"  means  soil  and  rock  which
contains  clay  and  which  expands  to a significant degree upon
wetting and shrinks upon drying.

     (7) "Floodplair:" means an area adjacent to a  stream,  which
area is subject to flooding as the result of the occurrence of an
intermediate  regional flood and which area thus is so adverse to
past, current, or foreseeable construction  or  land  use  as  to
constitute a significant hazard to public health and safety or to
property.  The tern includes but is not limited to:

     (a) Mainstream floodplains;

     (b) Debris-fan floodplains; and

     (c) Dry wash channels and dry wash floodplains.

     (8)  "Geologic  hazard" means a geologic phenomenon which is
so adverse to past, current, or  foreseeable construction or  land
use  as  to  constitute  a significant hazard to public health and
safety or to property.   The term includes but  is not  limited  to:

     (a)   Avalanches,   landslides,  rock  falls,  mudflows,  and
unstable or potentially  unstable slopes;

     (b) Seismic effects;

     (c) Radioactivity;  and

     (d) Ground subsidence.
                               D-4

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     (9) "Geologic hazard area" me:uis an area which  contains  or
is directly affected by a geologic hazard.

     (10)  "Ground  subsidence"  means a process characterized by
the downward displacement of surface material caused  by  natural
phenomena   such   as  removal  of  underground  fluids,  natural
consolidation, or  dissolution  of  underground  minerals  or  by
man-made phenomena such as underground mining.

     (11)  "Mainstream  floodplain"  means  an area adjacent to a
perennial stream that is subject to periodic flooding.

     (12) "F'fudflow" neans the  downward  movement  of  mud  in  a
mountain   watershed   because  of  peculiar  characteristics  of
extremely high sediment yield and occasional high runoff.

     (13) "Natural hazard" means a geologic  hazard,  a  wildfire
hazard, or a flood.

     (14)  "Natural,  hazard  area"  means  an  area containing or
directly affected by a natural hazard.

     (15) "Radioactivity" means a condition  related  to  various
types  of  radiation emitted by natural radioactive minerals that
occur in natural deposits of rock, soil, and water.

     (16) "Seismic effects" means  direct  and  indirect  effects
caused by an earthquake or an underground nuclear detonation.

     (17)  "Siltation"  means  a  process  which  results  in  an
excessive rate of removal of soil and  rock  materials  from  one
location and rapid deposit thereof in adjacent areas.

     (18)  "Slope" means the gradient of the ground surface which
is definable by degree or percent.

     (19) "Unstable or potentially unstable slope" neans an  area
susceptible   to   a  landslide,  a  mudflow,  a  rock  fall,  or
accelerated creep of slope-forming materials.

     (20) "Wildfire behavior" means the predictable action  of  a
wildfire under given conditions of slope, aspect, and weather.

     (21)  "Wildfire hazard" means a wildfire phenomenon which is
so adverse to past, current, or foreseeable construction or  land
use  as  to  constitute a significant hazard to public health and
safety or to property.  The term includes but is not limited  to:

     (a) Slope and aspect;

     (b) Wildfire behavior characteristics; and

     (c) Existing vegetation types.

                               D-5

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     (22)  "Wildfire  hazard  area"  means  an area containing or
directly affected by a wildfire hazard,

     106-7-104.   Pqfin itions  pertaining  to  other  areas   and
activities  of  state" ytercst.  As "used in this article,  unless
the context otherwise "requires":"

     (1) "Airport" means  any  municipal  or  county  airport  or
airport under the jurisdiction of an airport authority.

     (2)   "Area around a key facility" means an area immediately
and directly affected by a key facility.

     (3) "Arterial  highway"  means  any  limited-access  highway
which   is  part  of  the  federal-aid  interstate  system  or any
limited-access highway constructed under the supervision  of  the
state department of highways.

     (4)  "Collector  highway" means a major thoroughfare serving
as a corridor  or  link  between  municipalities,  unincorporated
population centers or recreation areas, or industrial centers and
constructed  under  guidelines  and  standards established by, or
under the supervision  of,  the  state  department  of  highways.
Collector highway does not include a city street or local service
road  or a county ro?-d designed for local service and constructed
under the supervision o£ local government.

     (5)  "Domestic water and sewage treatment   system"  means   a
wastewater  treatTnent  plant,  water  treatment  plant,  or water
supply  system, as defined in section 66-38-2  (6),  (7),  and   (8),
C.R.S.   1963,  srol ar>y system of pipes,  structures, and facilities
through which  wastewatnr is collected for treatment.

      (6)  "Historical or archaeological  resources  of  statewide
importance"  mear»s   resources which have been officially included
in the  national  register  of historic  places,  designated by
statute, or  included in ?»n  established  list  of places compiled by
the  state historical society.

      (7)  "Key facilities"  ineans:

      (a)  Airports;

      (b)  Major  facilities  of a public  utility;

      (c)   Interchanges  involving arterial highways;

      (d)   Rapid  or  mass  transit terminals, stations,  and fixed
guideways.

      (8)   '"Major facilities of a public utility" means:

      (a)  Central office buildings of telephone utilities;

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     CD)  Transmission lines, powr plants,  and  siibstations  o£
electrical utilities; and

     (c)   Pipelines  and  storage  areas  of utilities providing
natural gas or other petroleum derivatives.

     (9)  "Mass transit" means a coordinated  system  of  transit
modes providing transportation for use by the general public.

     (10)  "Mineral" means an inanimate constituent of the earth,
in  either  solid, liquid, or gaseous state which, when extracted
from the earth, is usable in its natural form or  is  capable  of
conversion  into  usable  form as a metal, a metallic compound, a
chemical, an energy source, a raw material for manufacturing,  or
construction  material.  This definition does not include surface
or  ground  water  subject   to   appropriation   for   domestic,
agricultural,   or  industrial  purposes,  nor  does  it  include
geothermal resources.

     (11)   "Mineral  resource  area"  means  an  area  in  which
minerals  are  located  in  sufficient  concentration  in  veins,
deposits, bodies, bads, seams, fields, pools, or otherwise, as to
be capable of economic recovery.  The term includes  but  is  not
limited  to  any  area in which there has been significant mining
activity in the past, there is significant mining activity in the
present, mining development is planned or in progress, or mineral
rights are held by mineral patent or valid mining claim with  the
intention of mining.

     (12)  "Natural resources of statewide importance" is limited
to  shorelands of major publicly-owned reservoirs and significant
wildlife habitats in which the wildlife species, as identified by
the division of wildlife of the department of natural  resources,
in a proposed area could be endangered.

     (13)   "New  communities"  means the major revitalization of
existing municipalities or the establishment of urbanized  growth
centers in unincorporated areas.

     (14)   "Rapid  transit"  means the element of a mass transit
system involving a mechanical conveyance on an exclusive lane  or
guideway constructed solely for that purpose.

     106-7-105.  Effect of article - public utilities.  (1)   With
regard  to  publicutilities,nothingin this article shall be
construed as enhancing or diminishing the power and authority  of
municipalities,  counties,  or  the  public utilities commission.
Any order, rule, or directive issued by any  governmental  agency
pursuant  to  this  article  shall not be inconsistent with or in
contravention of any decision, oixler, or finding  of  the  public
utilities  commission  with  respect  to  public  convenience and
necessity.  The public utilities commission and public  utilities
shall   take   into  consideration  and,  when  feasible,  foster
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compliance  with  adopted  land  use  master   plans   of   local
governments, regions, and the state.

     (2)  Nothing in this article shall be construed as enhancing
or  diminishing  the  rights  and  procedures with respect to the
power of a public utility to acquire property  and  rights-of-way
by eminent domain to serve public need in the most economical and
expedient manner.

     106-7-106.   Effect of article - rights of property owners -
water rights.  (1)Nothing in this articleshall  be  construed
as:

     (a)   Enhancing  or  diminishing  the  rights  of  owners of
property  as  provided  by  the   state   constitution   or   the
constitution of the United States;

     (b)   Modifying  or  amending existing laws or court decrees
with respect to the determination  and  administration  of  water
rights.

     106-7-107.   Effect,  of  article  - developments in areas of
state interest andactivities ofstateinterest  meeting  certain
conditions^  [IJ  'This article shall not apply to any development
in  an  area  of state interest or any activity of state interest
which meets any  one  of  the  following  conditions  as  of  the
effective date of this article:

     (a)   The  development  or  activity is covered by a current
building permit issued"by the appropriate local government; or

     (b)  The development or activity has been  approved  by  the
electorate; or

     (c)  The development or activity is to be on land:

     (I)  Which has been conditionally or finally approved by the
appropriate  local government for planned unit development or for
a use substantially the same as planned unit development; or

     (II)   Which  has  been  zoned  by  the  appropriate   local
government  for  the  use  contemplated  by  such  development or
activity; or

     (III)  With respect to which a  development  plan  has  been
conditionally or finally approved by the appropriate governmental
authority.

     106-7-108.   Effect  of article - state agency or commission
responses.  (1)   %ienevcr  any  person  desiring  to  carry  out
development  as  defined  in section 106-7-102  (1) is required to
obtain a permit, to be issued by any state agency  or  commission
for  the  purpose  of  authorizing  or allowing such development,
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pursuant to this or any other statute or  regulation  promulgated
thereunder, such agency shall establish a reasonable time period,
which  shall  not  exceed  sixty  days  following receipt of such
permit application, within which  such  agency  must  respond  in
writing  to  the  applicant,  granting  or denying said permit or
specifying oil reasonable additional  information  necessary  for
the  agency  or commission to respond.  If additional information
is required, said agency or commission  shall  set  a  reasonable
time   period   for   response  following  the  receipt  of  such
information.

     (2)  Whenever a state agency or commission denies a  permit,
the denial must specify:

     (a)   The regulations, guidelines, and criteria or standards
used in evaluating the application;

     (b)  The reasons for denial and the regulations, guidelines,
and criteria or standards the application fails to satisfy; and

     (c)  The action that the applicant would  have  to  take  to
satisfy the state agency's or commission's permit requirements.

     (3)   Whenever an application for a permit as provided under
this section contains a statement describing the proposed nature,
uses, and activities in  conceptual  terms  for  the  development
intended  to  be  accomplished  and  is  not accompanied with all
additional   information,    including,    without    limitation,
engineering  studies,  detailed  plans and specifications, zoning
approval, or  where  a  hearing  is  required  by  the  statutes,
regulations,  rules,  ordinances, or resolutions thereof prior to
the issuance of the requested permit, the  agency  or  commission
shall,  within  the  time  provided in this section for response,
indicate its acceptance or denial of the permit on the  basis  of
the  concept  expressed in the statement of the proposed uses and
activities  contained  in  the  application.     Such   conceptual
approval  shall  be  made  subject  to  the  applicant filing and
completing all prerequisite detailed  additional  information  in
accordance  with  the  usual filing requirements of the agency or
commission within a reasonable period of time.

     (4)  All agencies or commissions authorized or  required  to
issue  permits for development shall adopt rules and regulations,
or amend existing rules and regulations, so as   to  require  that
such agency or commission respond in the time and manner required
in this section.

     (5)   Nothing in this section shall shorten the time allowed
for responses provided by federal statute dealing with, or having
a bearing on, the subject of any such application for permit.

     ((>)  The provisions of  this  section  shall  not  apply to
applications  approved,  denied,  or processed by a unit of local

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government.

                             PART 2

                AREAS AND ACTIVITIES DESCRIBED -

                   CRITERIA FOR ADMINISTRATION

     106-7-201.  Areas of state interest -  as  determined by  local
governments.  (1)Subject to the procedures set  forth  in part3"
o?thisarticle, a local government may designate  certain  areas
of state interest from among the following:

     (a)  Mineral resource areas;

     (b)  Natural hazard areas;

     (c)  Areas containing, or having a significant  impact   upon,
historical,  natural,  or  archaeological  resources of statewide
importance; and

     (d)  Areas around key facilities in which  development may
have  a  material  effect  upon  the  facility or the surrounding
community.

     106-7-202.  Criteria for administration of  areas  of   state
interest.   (1)  (a) Mineral resource areas  designated as areas  of
state interest shall be protected  and  administered in  such  a
manner  as  to  permit the extraction and exploration of minerals
therefrom,  unless  extraction  and   exploration   would    cause
significant  danger  to  public  health and safety.   If the  local
government  having  jurisdiction,   after  weighing   sufficient
technical or other evidence, finds that the economic value of the
minerals  present  therein  is  less  than  the  value  of another
existing or  requested  use,  such  other  use  should  be   given
preference;  however,  other  uses which would not interfere with
the extraction and exploration of minerals  may  be  permitted  in
sudi areas of state interest.

     (b)   Areas  containing only sand, gravel, quarry  aggregate,
or limestone used for construction purposes shall be administered
as provided by article 36 of chapter 92, C.R.S. 1963.

     (c)  The extraction and exploration of  minerals   from  any
area  shall  be  accomplished  in a manner  which causes the  least
practicable  environmental   disturbance,   and   surface    areas
disturbed  thereby  shall  be  reclaimed  in  accordance with the
provisions of article 13 or article  32  of  chapter  92,   C.R.S.
1963, whichever is applicable.

     (d)    Unless   an  activity  of  state  interest   has   been
designated or identified or unless it includes  part  or  all  of
another  area  of  state  interest,  an  area  of  oil  and gas or

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geothenoal resource development .c,iall not  be  designated  as  an
area  of stare interest unless th<; state oil and gas conservation
commission identifies such area for designation.

     (2) (a)  Natural  hazard  aieas  shall  be  administered  as
follows:

     (I)   Floodplains  shall  be  administered so as to minimize
significant hazards to public health and safety or  to  property.
The  Colorado  water  conservation board shall promulgate a model
floodplain regulation no later than  September  30,  1974.   Open
space  activities  such  as  agriculture, recreation, and mineral
extraction  shall  be  encouraged  in   the   floodplains.    Any
combination  of these activities shall be conducted in a mutually
compatible manner.  Building  of  structures  in  the  floodplain
shall   be  designed  in  terms  of  the  availability  of  flood
protection devices, proposed intensity of  use,  effects  on  the
acceleration  of  floodwateis,  potential  significant hazards to
public health and safety or to property, and other impact of such
development on downstream communities such  as  the  creation  of
obstructions  during  floods.   Activities  shall  be discouraged
which, in time of flooding, would create significant  hazards  to
public  health  and  safety or to property.   Shallow wells, solid
waste disposal  sites,  and  septic  tanks  and  sewage  disposal
systems  shall  be  protected  from  inundation  by  floodwaters.
Unless an activity of state interest is to be conducted  therein,
an  area of corrosive soil, expansive soil and rock, or siltation
shall not be designated as an area of state  interest  unless  the
Colorado   soil   conservation  board,  through  the  local  soil
conservation district, identifies such area  for designation.

     (II)  Wildfire hazard areas in which residential activity is
to take place shall be administered so as to minimize significant
hazards to public health and safety or to property.   The Colorado
state forest service shall promulgate  a  model  wildfire  hazard
area  control  regulation  no  later than September 30, 1974.   If
development is to take place„ roads shall be adequate for service
by fire trucks and other safety equipment.   Firebreaks  and  other
means  of reducing conditions conducive to fire shall be required
for wildfire hazard areas in which development is authorized.

     (Ill)   In geologic hazard areas all  developments   shall   be
engineered  and  administered  in  a  manner  that  will minimize
significant hazards to public health and safety  or  to  property
due  to  a geologic hazaid.  The Colorado geological survey shall
promulgate a model geologic hazard  area  control  regulation   no
later than September 30, 1974.

     (b)   After  promulgation  of  guidelines  for  land  use in
natural hazard areas by the Coloiado  water   conservation  board,
the   Colorado   soil   conservation   board   through   the soil
conservation districts, the Colorado state  forest  service,   and
the  Colorado  geological  survey,  natural  hazard areas shall be

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 administered by local government in a manner which is  consistent
 with  the  guidelines  for land use in each of the natural hazard
 areas.

      (3)  Areas containing, or having a significant impact  upon,
 historical,  natural,  or  archaeological  resources of statewide
 importance, as determined by the state  historical  society,  the
 department  of  natural  resources,  and  the  appropriate  local
 government, shall be administered by the appropriate state agency
 in conjunction with the appropriate local government in a  manner
 that  will  allow man to function in harmony with, rather than be
 destructive to, these resources.   Consideration is to be given to
 the protection of those areas  essential  for  wildlife  habitat.
 Development  in  areas  containing historical,  archaeological, or
 natural resources shall be  conducted  in  a manner which will
 minimize damage to those resources for future use.

      (4)   The  following  criteria  shall  be applicable to areas
 around key facilities:

      (a)  If the operation of a key facility may cause   a  danger
 to  public  health  and  safety  or to property, as  determined by
 local government,  the area  around  the  key facility   shall  be
 designated and administered so as  to minimize such danger;  and

      (b)   Areas  around  key  facilities shall be developed in a
 manner that will   discourage  traffic  congestion,   incompatible
 uses,   and expansion  of the demand  for government services beyond
 the reasonable capacity of the  community or region  to  provide
 such  services  as  determined by local  government.  Compatibility
 with nonmotorized  traffic  shall  be  encouraged.   A  development
 that  imposes   burdens   or deprivation  on  the communities of a
 region  cannot  be justified on the basis of local benefit alone.

      (5)   In addition  to the  criteria described in subsection  (4)
 of this  section, the  following criteria shall  be  applicable  to
 areas around particular key facilities:

      (a)  Areas  around airports shall be administered so as to:

      (I)  Encourage land use patterns for housing and other local
 government  needs that will separate uncontrollable noise sources
 from residential and other noise-sensitive areas; and

     (II)  Avoid  danger  to  public  safety  and  health  or  to
property due to aircraft crashes.

     (b)  Areas around major facilities of a public utility shall
be administered so as to:

     (I)   Minimize  disruption  of  the  service provided by the
public utility; and
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      (II)  Preserve desirable existing comnunity patterns.

      (c)  Areas around interchanges involving  arterial  highways
shall be administered so as to:

      (I)  lincourage the smooth flow of motorized and nonmotorized
traffic;

      (II)   Foster  the  development  of  such  areas in a manner
calculated to preserve the smooth flow of such traffic; and

      (III)  Preserve desirable existing conanunity patterns.

      (d)  Areas around rapid or mass transit terminals, stations,
or  guideways  shall  be  developed  in  conformance   with   the
applicable  municipal  master  plan  adopted  pursuant to section
139-59-6, C.R.S. 1%3, or  any  applicable  master  plan  adopted
pursuant  to  section  106-2-7.   If no such master plan has been
adopted, such areas shall be developed in a  manner  designed  to
minimize  congestion  in the streets; to secure safety from fire,
flood waters, and other dangers; to promote  health  and  general
welfare;  to  provide  adequate  .light  and  air;  to prevent the
overcrowding of land; to avoid undue concentration of population;
to facilitate the adequate provision  of  transportation,  water,
sewerage,  schools,  parks,  and other public requirements.  Such
development  in  such  areas  shall  be  made   with   reasonable
consideration,  among  other  things,  as to the character of the
area and its peculiar suitability for particular uses, and with a
view to conserving the value of  buildings  and  encouraging  the
most  appropriate  use of land throughout the jurisdiction of the
applicable local government.

     106-7-203.  Activities of state interest  as  determined  by
local  governmentsT(T5Subject to the procedures set forth in
part 4 of this article, a local government may designate  certain
activities of state interest from among the following:

      (a)   Site  selection and construction of major new domestic
water  and  sewage  treatment  systems  and  major  extension  of
existing domestic water and sewage treatment systems;

      (b)   Site selection  and development of solid waste disposal
sites;

      (c)  Site selection of airports;

      (d)  Site selection of  rapid  or  mass  transit   terminals,
stations, and fixed guideways;

      (e)   Site  selection  of arterial highways  and interchanges
and collector highways;

      (f)  Site selection and construction of major facilities   of

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a public utility;

      (g)  Site selection and development of new communities;

      (h)  Efficient utilization of municipal and industrial water
projects; and

      (i)  Conduct of nuclear detonations.

      106-7-204.   Criteria  for  administration  of activities  of
state interest.  (T)[a]New domestic water and sewage  treatment
systems shall he constructed in areas which will  result  in  the
proper  utilization  of existing treatment plants and the orderly
development of domestic water and  sewage  treatment  systems   of
adjacent communities.

      fb)  Major extensions of domestic water and sewage  treatment
systems   shall   bu  permitted  in  those  areas  in which  the
anticipated growth and development that may occur as a result   of
such  extension  can  be  accommodated  within  the financial and
environmental capacity of the area to  sustain  sucli  growth  and
development.

      (2)   Major solid waste disposal sites shall be developed  in
accordance with sound conservation practices and shall emphasize,
where feasible, the recycling of waste materials.   Consideration
shall  be given to longevity and subsequent use of waste disposal
sites, soil  and  wind  conditions,  the  potential  problems   of
pollution  inherent  in  the  proposed  site,  and  the  impact  on
adjacent property owners, compared with alternate locations.

      (3)  Airports shall be located or expanded in a manner which
will  minimize  disruption  to  the   environment   of   existing
communities,  will  minimize  the  impact  on  existing  community
services, and will complement  the  economic  and  transportation
needs of the state and the area.

      (4)  (a)   Rapid  or  mass  transit  terminals, stations,  or
guideways shall be located in  conformance  with  the  applicable
municipal  master  plan  adopted  pursuant  to  section  139-59-6,
C.R.S. 1963, or any applicable master plan  adopted  pursuant   to
section  106-2-7.   If no such master plan has been adopted, such
areas shall  be  developed  in  a  manner  designed  to   minimize
congestion  in  the  streets;  to  secure safety from fire, flood
waters, and other dangers; to promote health and general welfare;
to provide adequate light and air; to prevent the overcrowding  of
land; to avoid undue concentration of population;  to  facilitate
the   adequate  provision  of  transportation,  water,  sewerage,
schools, parks, snd other public requirements.  Activities  shall
be  conducted  with reasonable consideration, among other things,
as to the character of the area and its peculiar suitability  for
particular  uses,  and  with  a  view  to conserving the value of
buildings and  encouraging  the  most  appropriate  use  of  land

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throughout the jurisdiction of the applicable local government.

      (b)   Proposed locations of rapid or mass transit terminals,
stations,  and  fixed  guideways  uhich  will  not  require   the
demolition  of  residences or businesses shall be given preferred
consideration over competing alternatives.

      (c)   A  proposed  location  of  a  rapid  or  mass  transit
terminal,  station,  or  fixed  guideway that imposes a burden or
deprivation on a local government  cannot  be  justified  on  the
basis  of  local  benefit  alone,  i/or  shall a permit for such a
location be denied solely because the location places a burden or
deprivation on one local government.

      (5)   Arterial  highways  and  interchanges  and   collector
highways shiill be located, so that:

      (a)  Cornnunity traffic needs are met;

      (b)  Desirable community patterns are not disrupted; and

      (c)    Direct   conflicts  with  adopted  local  government,
regional, and state master plans are avoided.

      (6)  Where feasible, major facilities  of  public  utilities
shall  be  located  so  as  to avoid direct conflict with adopted
local government, regional, and state master plans.

      (7)  When applicable, or as may  otherwise  be   provided  by
law,  a  new  community  design  shall, at a minimum, provide for
transportation, waste disposal,  schools, and  other   governmental
services  in  a  manner  that  will  not  overload  facilities of
existing communities of the region.   Priority shall  be  given  to
the development of total communities which provide for commercial
and  industrial activity, as well as residences,  and for internal
transportation and circulation patterns.

     (8)  Municipal arid industrial water piojects shall emphasize
the most  efficient  use  of  water,  including,   to  the  extent
permissible under existing law,  the recycling and reuse of water.
Urban  development,  population   densities,   and   site layout and
design  of  storm  water  and   sanitation   systems   shall   be
accomplished  in  a  manner  that will  prevent  the pollution of
aquifer recharge areas.

     (9)  Nuclear detonations shall  be conducted  so  as to present
no material danger to public health  and safety.    Any  danger to
property  shall  not  be  disproportionate  to the benefits to be
derived from a detonation.
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                             PART 3

        LEVELS OF GOVERNMENT INVOLVED AND THEIR FUNCTIONS

     106-7-301.  Functions of local government.  (1)   Pursuant to
this article, it is the function of local government  to:

     (a)   Designate  matters  of  state  interest after  public
hearing, taking into consideration:

     (I)   The  intensity  of current and foreseeable development
pressures; and

     (II)  Applicable guidelines for designation  issued  by  the
applicable state agencies;

     (b)    Hold   hearings   on  applications  for  permits  for
development in areas of state  interest  and  for  activities  of
state interest;

     (c)   Grant or deny applications for permits for development
in areas of state interest and for activities of state  interest;

     (d)   Receive  recommendations from state agencies and other
local governments relating to matters of state interest;

     (e)  Send recommendations to other local governments and the
Colorado  land  use  commission  relating  to  matters  of  state
interest; and

     (f)   Act, ur)on request of the Colorado land use commission,
with regard to specific matters of state interest.

     106-7-302.   Functions  of  other   state   agencies.    (1)
Pursuant  to  thisarticle,itisthe function of other state
agencies to:

     (a)  Send  recommendations  to  local  governments  and  the
Colorado  land  use commission relating to designation of matters
of  state  interest  on  the  basis  of  current  and  developing
information; and

     0)   Provide  technical  assistance  to  local  governments
concerning designation of and guidelines  for  matters  of  state
interest.

     (2)   Primary  responsibility  for  the   recommendation  and
provision  of  technical  assistance   functions   described   in
subsection (1) of this section is upon:

     (a)   The  Colorado  water  conservation  board,  acting in
cooperation with  the  Colorado  soil  conservation  board,   with
regard to floodplains;

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     (b)   The  Colorado  state  rorest  service,  with regard to
wildfire hazard ureas;

     (c)  The Colorado geological survey, with regard to geologic
hazard areas, geologic reports, and the identification of mineral
resource areas;

     (d)  The Colorado division of mines, with regard to  mineral
extraction and the reclamation of land disturbed thereby;

     (e)    The   Colorado   soil  conservation  board  and  soil
conservation districts, with regard to resource data inventories,
soils, soil suitability, erosion  and  sedimentation,  floodwater
problems, and watershed protection; and

     (f)   The  division of wildlife of the department of natural
resources, with legard to significant wildlife habitats.

     (3)  Pursuant to section 106-7-202 (1) (d), the oil and  gas
conservation  commission of the state of Colorado may identify an
area  of  oil  and  gas  development  for  designation  by  local
government as an area of state interest.

                             PART 4

                     DESIGNATION OF MATTERS

        OF STATE INTEREST - GUIDELINES FOR ADMINISTRATION

     106-7-401.   Designation  of matters of srate interest..   (1)
After public hearing, a local government may designate matters of
state   interest   within   its   jurisdiction,    taking    into
consideration:

     (a)   The  intensity  of current and foreseeable development
pressures; and

     (b)  Applicable guidelines for  designation  issued  by   the
Colorado  land  use  commission  after  recommendation from other
state agencies, if appropriate.  In adopting such guidelines,  the
Colorado land use commission shall  be guided by the standards  set
forth in this article applicable to local governments.

     (2)  A designation shall:

     (a)  Specify the boundaries of the proposed area;  and

     (b)  State reasons why the particular area or activity  is  of
state interest, the dangers that would result  from  uncontrolled
development  of  any  such  area or uncontrolled conduct  of such
activity, and the advantages  of development  of  such  area   or
conduct of such activity in a coordinated manner.
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     106-7-402.     Guidelines  -  regulations.    (1)   Hie   local
government shall develop guidelines  for  administration   of  the
designated  matters  o£  state  interest.    The   content   of  such
guidelines shall be  such  as  to  facilitate  administration of
matters  of state interest consistent with sections  106-7-202 and
106-7-204.

     (2)  A local government may adopt  regulations   interpreting
and  applying  its  adopted  guidelines  in relation to specific
developments  in  areas  of  state  interest  and   to   specific
activities of state interest.

     (3)   No  provision  in  this  article shall be construed as
prohibiting  a  local  government  from  adopting guidelines or
regulations containing requirements which are  more stringent  than
the requirements of the criteria listed in sections  106-7-202 and
106-7-204.

     106-7-403.     Technical   and   financial  assistance.   (1)
Appropriate state agencies shail provide technical assistance to
local  governments  in  order  to  assist  local  governments in
designating matters of state interest and adopting guidelines for
the administration thereof.

     (2)  (a)  The department of local affairs  shall   oversee  and
coordinate  the  provision  of  technical  assistance and  provide
financial assistance as may be authorized by law.

     (b)  The department of local affairs shall  determine  whether
technical or financial assistance or both are  to be   given  to   a
local government on the basis of the local government's:

     (I)    Showing   that   current  or  reasonably  foreseeable
development  pressures  exist  within  the   local   government's
jurisdiction; and

     (II)    Plan   describing  the  proposed  use  of  tedmical
assistance and expenditure of financial assistance.

     106-7-404.   Public hearing  -  designation  of  an  area  or
activity of state interest and adoption of guidelines by order of
local  government^  (Tj  The" local government shall  hold a public
hearing before designating an area or activity of state  interest
and adopting guidelines for administration thereof.

     (2)  (a)   Notice, stating the time and place of the hearing
and the place at which materials relating to.  the  matter  to  be
designated  and  guidelines  may  be examined, shall be published
once at least thirty and not more  than  sixty  days  before  the
public  hearing  in  a  newspaper  of  general circulation in the
county.  The local government shall send written  notice   to  the
Colorado  land  use commission of a public hearing to be held for
the purpose of designation and adoption of  guidelines  at   least

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thirty days and not more than si> y days before such hearing.

      (b)   My  person may request, in writing, that his name and
address be placed on a mailing list  to  receive  notice  of  all
hearings  held pursuant to this section.  If the local government
decides to maintain such a mailing list, it shall mail notices to
cadi person paying an annual fee reasonably related to  the  cost
of  production,  handling,  and mailing such nocice.  In order to
have his name and address retained  on  said  mailing  list,  the
person  shall  resubmit  his  name  and  address and pay such fee
before January 31 of each year.

      (3)  Within thirty  days  after  completion  of  the  public
hearing,  the  local  government, by order, may adopt, adopt with
modification,  or   reject   the   particular   designation   and
guidelines; but the local government, in any case, shall have the
duty to designate any matter whidi has been finally determined to
be  a  matter  of  state  interest  and  adopt guidelines for the
administration thereof.

      (4)  After a matter of state interest is designated pursuant
to this section, no person shall .engage in  development  in  such
area   and   no  such  activity  shall  be  conducted  until  the
designation and guidelines for such area or activity are  finally
determined pursuant to this article.

     (5)  Upon adoption by order, all relevant materials relating
to  the  designation  and  guidelines  shall  be forwarded to the
Colorado land use commission for review,

     106-7-405.  Report of local government's progress.   (1)   Not
later than one hundred eighty days after theeffective  date  of
this  article, each local government shall report  to the Colorado
land use commission, on a form to be furnished  by  the  Colorado
land  use  commission,  the  progress made toward  designation and
adoption of guidelines for administration  of  matters  of  state
interest.

      (2)   Upon  the  basis  of the information contained in such
reports and  any  information  received  pursuant   to  any  other
relevant  provision  of  this  article,   the  Colorado  land  use
commission  may  take  appropriate  action  pursuant  to  section
106-4-3(2)(a).

     106-7-406.   Colorado  land  use  commission  review of local
government order containing designatron and guidelines.  ~(l)Not
later than thirty days after receipt of a local government  order
designating  a  matter  of state interest and adopting guidelines
for the administration thereof, the Colorado land  use  commission
shall  review  the  contents  of  such  order on the basis of the
relevant provision:; of part 2 of this article  and  shall   accept
the designation and guidelines or recommend modification thereof.
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     (2)   If  the  Colorado  land  use  commission  decides  that
modification of the designation or guidelines   is  required,   the
Colorado  land  use  commission  shall,  within  said  thirty-day
period, submit to the local government  written  notification  of
its   recommendations   and   shall   specify    in   writing   the
modifications  which  the  Colorado  land  use  commission  deems
necessary  for  compliance with the relevant provisions of part 2
of this article.

     (3)  Not  later  than  thirty  days  after  receipt of   the
modifications  recommended by the Colorado land use commission, a
local government shall:

     (a)  Modify the original order in a manner  consistent   with
the  recommendations  of  the  Colorado  land   use commission and
resubmit the order to the Colorado land use commission; or

     (b)  Notify  the  Colorado  land  use  commission  that   the
Colorado land use commission's recommendations are rejected.

     106-7-407.    Colorado  land  use  commission  may  initiate
identification, designation, and promulgation  of  guidelines   for
matters^ of_ state '"interest'.   (l)  W   ^h"eColorado land use
commission may submit a formal request to a local  government  to
take   action  with  regard  to  a  specific  matter  which   said
commission considers to be of state  interest   within  the  local
government's  jurisdiction.   Such  request  shall  identify   the
specific matter and shall set forth the information  required  in
section  106-7-401  (2)  (a)  and (2) (b).  Not later than  thirty
days after receipt of such request, the  local  government   shall
publish  notice  and hold a hearing within sixty days pursuant to
the  provisions  cf  section  106-7-404,  and  issue  its  order
thereunder.

     (b)   After  receipt by a local government of a request  from
the Colorado land use commission pursuant  to  paragraph  (a)  of
this subsection (1), no person shall engage in development  in the
area  or  conduct  the  activity  specifically  described in said
request until the local  government  has  held  its  hearing  and
issued its order relating thereto.

     (c)  If the local government's order fails to designate such
matter  and  adopt  guidelines  therefor,  or, after designation,
fails to adopt guidelines  therefor  pursuant  to  standards   set
forth  in  this  article  applicable  to  local  governments,  the
Colorado land use commission may seek  judicial  review  of  such
order  or guidelines by a trial de novo in the district court  for
the judicial district in which the local government  is  located.
During  the  pendency  of such court proceedings> no person  shall
engage in  development  in  the  area  or  conduct   the  activity
specifically  described  in said request except on such terms  and
conditions as authorized by the court.

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                             PAR I 5

   PERMITS FOR DEVELOB1ENT IN ARMAS OP STATE INTEREST AND FOR

             CONDUCT OF ACTIVITIES OF STATE INTEREST

     106-7-501.  Permit for development in area of state interest
or for conduct ofan activity of state  interest  required.(1)
TO]Anyperson desiring to engage in development in an area of
state interest or to conduct an activity of state interest  shall
file  an  application  for  a permit with the local government in
which such  development  or  activity  is  to  take  place.   The
application  shall  be filed on a form prescribed by the Colorado
land use commission.  A reasonable fee determined  by  the  local
government  sufficient  to  cover  the  cost  of  processing  the
application,  including  the  cost  of  holding   the   necessary
hearings, shall be paid at the time of filing such application.

     (b)  The requirement of paragraph (a) of tnis subsection (1)
that  a  public  utility  obtain  a permit shall not be deemed to
waive the requirements of article 5 of chapter 115, C.R.S.  1963,
that  a public utility obtain a certificate of public convenience
and necessity.

     (2) (a)  Not later than thirty  days  after  receipt  of  an
application  for  a  permit,  the  local government shall publish
notice of a hearing on said application.  Such  notice  shall  be
published  once  in  a  newspaper  of  general circulation in the
county, not less than thirty nor more than sixty days before  the
date set for hearing, and shall be given to the Colorado land use
commission.   The Colorado land use commission may give notice to
such other persons as it determines not later than fourteen  days
before such hearing.

     (b)   If  a  person  proposes to engage in development in an
area of state interest or for conduct of  an  activity  of  state
interest  not previously designated and for which guidelines have
not been adopted, the local government may hold one  hearing  for
determination  of  designation  and  guidelines  and  granting or
denying the permit.

     (c)  The local government may maintain a  mailing  list  and
send  notice  of hearings relating to permits in a manner similar
to that described in section 106-7-404 (2) (b).

     (3)  The local government may approve an application  for  a
permit  to  engage in development in an area of state interest if
the proposed development complies  with  the  local  government's
guidelines  and regulations governing such area.   If the proposed
development does not comply with the guidelines and  regulations,
the permit shall be denied.

     (4)   The  local government may approve an application for a
                              D-21

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permit for conduct of  art  activity  of  state  interest  if  the
proposed   activity   complies   with   the   local  government's
regulations ?>nd guidelines for conduct of such activity.  If  the
proposed  activity  does  not  comply  with  the  guidelines  and
regulations, the permit shall be denied.

     (5)  The local government conducting a hearing  pursuant  to
this section shall:

     (X;   State,  in  writing, reasons for its decision,  and its
findings and conclusions; and

     (b)  Preserve a record of such proceedings.

     (6)  Aftf.r the effective date of this  article,  any  person
desiring to engage in a development in a designated area of state
interest  or  tn  conduct a designated activity of state interest
who doe? not obtain a permit pursuant  to  this  section  may  be
enjoined  by  the Colorado land use commission or the appropriate
local govr>7Tur<5nt from engaging in such development or  conducting
such activity.

     106-7-502,   Judicial  review.   The denial of a permit by a
local government agency shall be subject to  judicial  review  in
the  district  court for the judicial district in which the major
development or Activity is to occur.

     SECTION 2,  Article  3  of  chapter  106,  Colorado  Revised
Statutes  1P6",  as  anvxtf-^., is amended BY THE ADDITION OF A NEW
SECTION to read:
     10f-> -$~9.  3 ^atc>-ij^ -vY£vg>'31p for identification of matters of
state ipterei-i: as part_ of  local  Tand  use  planning.   (T5"J^e"
department  ot  local  ?±fairs  shall conduct a statewide program
encouraging counties and rrunicipalities to prepare, as a part,  of
the  cotiDrehensive  plan  provided  for  in  section  106-2-5 and
article 59 of charter 139 s C.R.S. 1963, a complete  and  detailed
identification  ?x»d  fKsxpn^txcn of all matters of state interest
within each county by June 30, 1976.  The general assembly  shall
appropriate  funds  for  this  purpose to the department of local
affairs for distribution to participating counties.  Each  county
desiring  to nnrticipntc in the identification and designation of
matters of state interest program  established  by  this  section
shall  be  allocated  an  eoual amount by the department of local
affairs from the funds so appropriated, to be  expended  by  each
county  separately  or  through an organized group of counties or
counties and municipalities.  The department of local affairs, in
cooperation  with  applicable  state  agencies,  shall  establish
reasonable  standards relative to the scope, detail, and accuracy
of  the  program  pnd  shell  insure  that  all  information   ?s
comparable   for   each   county.    Each   county  shall,  after
consultation with the municipality, prepare  such  identification
and designation for territory located within these municipalities

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which  request  such  preparation  and  in any municipality which
fails to undertake an  identification  and  designation  program.
Bach  county  shall, upon request of the municipality, assist the
municipality in its identification and designation program.

     (2)   The  general  assembly  shall   appropriate   to   the
department   of  local  affairs  funds  to  assist  counties  and
municipalities   participating   in   the   identification    and
designation   of   matters   of  state  interest  program,  where
additional assistance  is  deemed  by  the  department  of  local
affairs  to  be necessary.  The department of local affairs shall
also allocate such funds upon request of any county participating
in  the  identification  and  designation  of  matters  of  state
interest  program  under  subsection  (1)   of  this  section  for
implementation of supplemental planning in that county, or to any
municipality, based upon priorities established by the department
of local affairs and on the need and capabilities of each  county
and niun.icipaJ.ity.

     SECTION  3,  106-4-3 (2) (a), Colorado Revised Statutes 1%3
(1971 3upp.)> is amended to read:

     106-4-3.  Duties of the  commission  -  temporary  emergency
power.     (2) "[a) Whenever in the normal course of Its "duties "as
set forth in this article the commission determines that there is
in  progress  or  proposed  a  land  development  activity  which
constitutes  a  danger  of irreparable injury, loss, or damage of
serious and major proportions to the public health,  welfare,  or
safety,  the  commission shall immediately give written notice to
the board, of eour.ty correnissioners of each comity involved of  the
pertinent  factr.  and  dangers with respect to such activity.  If
the said board  of  county  commissioners  does  not  remedy  the
situation  withir  a  reasonable time, the commission may request
the governor to teview such facts and  dangers  with  respect  to
such  activity.  If the governor grants such request, such review
shall be  conducted  by  the  governor  at  a  meeting  with  the
commission and the boards of county commissioners of the counties
involved.   If,  after  such review, the governor shall determine
that such activity does constitute such a  danger,  the  governor
may  direct  the commission to issue its written cease and desist
order to the person in control  of  such  activity.   Such  order
shall  require  that  such  person  immediately  discontinue such
activity.  If  such  activity,  notwithstanding  such  order,  is
continued, the commission may apply to any district court of this
state   in  which  such  activity  is  located  for  a  temporary
restraining   order,   preliminary   injunction,   or   permanent
injunction,  as  provided  for  in  the  Colorado  rules of civil
procedure.  Any such action shall be given  precedence  over  all
other matters pending in such district court.   'Hie institution of
such  action  shall  confer  upon  said  district court exclusive
jurisdiction to determine finally the subject matter thereof.

     SECTION 4.  Article  4  of  chapter  106,  Colorado  Revised

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Statutes  1963,  as  amended, is amended BY TIE ADDITION OF A NEW
SECTION to read:

     106-4-5.   Commission   staff   to   assist   counties   and
municipalities,  'the commission, within available appropriations,
shall  assign  full-time  professional  staff  members  to assist
counties and municipalities  in  the  program  established  under
article  7  of  this chapter and to monitor progress in the same.
No later than February 1, 1975, the commission  shall  issue  its
report  to the general assembly as to progress being made in such
program and shall include in its report those items  required  by
section 106-4-4 (4) (b) and (4) (c).

     SECTION   5.    Appropriation.    (1)     There   is   hereby
appropriated to the department  oT  local  affairs,  out  of  any
moneys  in the state treasury not otherwise appropriated, the sum
of two million seventy-five thousand dollars ($2,075,000), or  so
much  thereof as may be necessary, to implement the provisions of
section 106-3-9, C.R.S. 1963, which moneys shall become available
upon passage of this act and  remain  available  until  June  30,
1975, to be allocated as follows:  Identification and designation
of  matters  of state interest program - one million five hundred
seventy-five thousand dollars  ($1,575,000); supplemental planning
- five hundred thousand dollars ($500,000).

     (2)  There is hereby appropriated out of any moneys  in  the
state  treasury  not otherwise appropriated, to the Colorado land
use commission, for the fiscal year beginning July 1,  1974,  the
sum  of  three  hundred  thousand  dollars ($300,000), or so much
thereof as may be necessary, to provide  assistance  to  counties
and  muncipalities pursuant to section 106-4-5, C.R.S. 1963 (10.0
FTE, five of which shall be full-time professional staff pursuant
to said section 106-4-5).

     SECTION 6.  Safety clause.   The  general   assembly  hereby
                          D-24

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finds, determines, and declares that this act  is  necessary  for
the  immediate  preservation  of  the  public  peace, health, and
safety.
John D. Fuhr                                    Ted L. Strickland
SPEAKER OF THE HOUSE                             ACTING PRESIDKNT
OF REPRESEOTATIVES                                  OF THE SENATE
Lorraine F. Lombardi                              Comfort w.  Shaw
CHIEF CLERK OF THE HOUSE                             SECR1-TARY OF
OF REPRESENTATIVES                                     THE SEMTF.
       APPROVED
                                John I).  Vandeihoof
                                GOVERNOR OF THE STATE OF COLORADO
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                APPENDIX E

 COLORADO EMISSION CONTROL REGULATIONS AND
AMBIENT AIR QUALITY STANDARDS - AS AMENDED
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                     COMMON PROVISIONS REGULATION
Definitions, Statement of intent and General Provisions applicable to all
emission control regulations adopted by the Colorado Air Pollution Control
Commission.

APPLICABILITY:

   Emission control regulations adopted by the Commission apply throughout
   Colorado unless otherwise stipulated.  The statement of intent, defini-
   tions, and general provisions of this regulation apply to all emission
   control regulations adopted by the Commission unless otherwise stipulated.

AUTHORITY:

   Section 66-31-8 of the Colorado Air Pollution Control Act of 1970 provides;
   "As promptly as possible, the Commission shall adopt and promulgate emission
   control regulations which require the use of effective practical air
   pollution controls for each and every significant source, potential source,
   and type of source of air contamination throughout the entire State and
   thereafter may modify such regulations from time to time."  Sections 66-31-4,
   66-31-6 and 66-31-8 of the Act are the general statutory authority for
   adoption by the Air Pollution Control Commission of standards and the
   specific section  of the Act is cited in each instance.

STATE OF COLORADO AIR POLLUTION CONTROL ACT (1970) LEGISLATIVE DECLARATION
(66-31-2)

   In order to foster the health, welfare, convenience, and comfort of the
   inhabitants of the State of Colorado, and to facilitate the enjoyment of
   nature, scenery, and other resources of the State, it is hereby declared
   to be the policy of the State to achieve the maximum practical degree of
   air purity in every portion of the State.  To that end, it is the purpose
   of this article to require the use of all available practical methods to
   reduce, prevent, and control air pollution throughout the entire State of
   Colorado, and to maintain a cooperative program between the State and local
   units of government.  It is further declared that the prevention, abatement,
   and control of air pollution in each portion of the entire State are matters
   of statewide concern and are effected with a public interest and that the
   provisions of this article are enacted in the exercise of the police powers
   of this State for the purpose of protecting the health, peace, safety, and
   general welfare of the people of this State.
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INTENT:
To implement the legislative declaration and other sections of the Act,  the
Commission declares that it is the intent and purpose of these regulations:
     1.  To achieve and maintain levels of air quality which will
         protect human health and safety, prevent injury to plant
         and animal life, prevent damage to property, prevent
         unreasonable interference with the public welfare, preserve
         visibility and protect scenic, aesthetic and historic
         values of Colorado,

     2.  To require the use of all available practical methods to
         reduce, prevent, and control air pollution for the pro-
         tection of the health, safety, and general welfare of
         the people of the state of Colorado.  In order to achieve
         air purity consistent with this intent it is necessary,
         ultimately to control air contaminant emissions to such
         a degree of opacity so that the emissions are no longer
         visible,

     3.  To prevent significant degradation of Colorado's air resource,

     4.  To prevent odors and other air pollution problems which
         interfere with the comfortable enjoyment of life, and

     5.  To apply the major resources of the Colorado air pollution
         control programs toward solving priority air pollution problems.

The Commission recognizes that the growth in the amount and complexity
of air pollution in Colorado is brought about by and incident to population
growth, mobility, increased affluence, industrial development and changing
social values in said State.  The Commission believes that the air pollution •
problem is likely to be aggravated and compounded by additional population
growth, mobility, affluence, industrial development, and changing social
values in the future, which are likely to result in serious potential danger -
to the public and the environment.  Therefore, the Commission intends to
pursue solutions, in conjunction with other appropriate agencies and interests,
which have a direct interest and capability in solving a growing air pollution
problem in relation to the broader environmental degradation problem.  It is
the intent of the Commission to coordinate with industrial, commercial,
agricultural and transportation planning organizations, land use and other
environmental organizations, the public, the legislature, educational organi-
zations, and other major interests in such a manner as to prevent air pollu-
tion in Colorado.
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DEFINITIONS;

The following words and phrases have the following meanings unless
the context in which they are used requires otherwise:
ACT
AIR CONTAMINANT
AIR CONTAMINATION SOURCE
AIR CONTAMINATION SOURCE
       (existing)
AIR CONTAMINATION SOURCE.
           (new)
AIR POLLUTION
AIR POLLUTION CONTROL
AUTHORITY
AMBIENT AIR
the Colorado Air Pollution Control Act
of 1970, Chapter 64, Colorado Session
laws 1970.

any fume, smoke, particulate matter,
vapor, gas, or any combination thereof,
but not including water vapor or steam
condensate.

any source whatsoever at, from, or by
reason of which there is emitted or
discharged into the atmosphere any
air contaminant.

Any air contamination source, which has
been constructed or for which there is a
binding agreement or contract: providing
for its construction or modification to
be completed within a reasonable time
after the effective date of the regulation
in question.

Any air contamination source which is to
be constructed or modified and which is
other than an existing air contamination
source.

any concentration of one or more air
contaminants in the outdoor atmosphere as
has caused, is causing, or if unabated
may cause injury to human, plant, or
animal life, or injury to property, or
which unreasonably interferes with the
comfortable enjoyment of life or property
or with the conduct of business.

the Division, or any person or agency given
authority by the Division, or a local govern-
mental unit duly authorized with respect to
air pollution control.

is the surrounding outside air.
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  MOSPHERE
COMMISSION
DEPARTMENT
DIVISION
DUSTS
EMISSION
EMISSION CONTROL
REGULATION-
FUEL BURNING EQUIPMENT
FUGITIVE DUST
means the air that envelops or surrounds
the earth.  For the purpose of this
regulation emissions of air contaminants
from a building or structure not specifi-
cally designed to control air pollution
originating from an air contamination
source or sources within such building or
structure shall constitute an emission to
the atmosphere.

the Colorado Air Pollution Control Commission
created by Section 66-31-4 of the Act.

The Colorado Department of Health.

the Division of Air Pollution Control,
Colorado Department of Health.

minute solid particles released into the
air by natural forces or by mechanical
processes such as crushing, grinding,
milling, drilling, demolishing, shoveling,
conveying, covering, bagging, sweeping, etc.

the discharge or release into the atmosphere
of one or more air contaminants.

any standard promulgated by regulation which
is applicable to all air contamination sources
within a specified area and which prohibits
or establishes permissible limits for specific
types of emissions in such area, and also any
regulation which by its terms is applicable
to a.specified type of facility, process, or
activity for the purpose of controlling the
extent, degree, or nature of contamination
emitted from such type of-facility, process,
or activity, and also any regulation adopted
for the purpose of preventing or minimizing
emission of any air contaminant in potentially
dangerous quantities.

any furnace, boiler apparatus, stack, or
appurtenances thereto used in the process
of burning fuel for the primary purpose of
producing heat or power by indirect heat
transfer.

solid airborne particulate matter emitted
from any source other than an  opening  which
channels the flow or air contaminants  and
                              E-5

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                             then exhausts the contaminants directly into
                             the atmosphere.  Fugitive dust also includes
                             solid particles released into the atmosphere
                             by natural forces or by mechanical processes
                             such as crushing, grinding,  milling,  drilling,
                             demolishing,  shoveling, conveying, covering,
                             bagging, sweeping, etc.
INCINERATORS
  Incinerator
  Approvable Incinerator
       (Effective
       May 1, 1973)
any equipment, device, or contrivance
used for the destruction of garbage,
rubbish/ or other wastes by burning,  but
not wood wastes burned in devices com-
monly called wigwam waste burners.

any incinerator which is constructed  and
is operated so as to meet all the regula-
tions of the Commission pertaining to
incinerators.
  Multiple Chamber
    Incinerator
any article, machine, equipment,  contri-
vance, structure, or part of a structure
used to dispose of combustible refuse by
burning, consisting of three or more re-
fractory-lined combustion furnaces in
series, physically separated by refract-
ory walls, inter-connected by gas passage
ports or ducts, and employing adequate
design parameters necessary for maximum
combustion of the material to be burned.
       LAND DEVELOPER
Any person, firm, corporation or governmental
entity who initiates any change in the state
of existing land use.  The person, firm,
corporation or governmental entity who contracts
with others for construction services for said
change in land use will be deemed to be the
land developer.
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MODIFICATIONS
OPACITY
OPEN BURNING
OPENING
1.  The construction or installation on
    the premises of new equipment;
2.  The replacement or alteration of
    equipment in such a manner as to
    either increase or decrease the pro-
    duction or control of air contamina-
    tion excluding routine adjustments
    or maintenance; and
3.  the moving of equipment to another
    premise.

the degree to which an air contaminant
emission obscures the view of an observer,
expressed in percentage of the obscuration,
or in the degree (percent) to which trans-
mittance of light is reduced by an air
contaminant emission-

fire, where any material is burned in the
open or in a receptacle other than a
furnace, incinerator, or other equipment
connected to a stack or chimney.

any single chimney, conduit, duct, smoke-
stack, flue or other contrivance from
which air contaminants are exhausted into
the atmosphere.
PAKTICULATE MATTER
PERSON
PROCESS OR PROCESS
EQUIPMENT
any material, except uncombined water,
that exists in a finely divided form as
a liquid or solid.

any individual, public or private corpora-
tion, partnership, association, firm, trust
estate, the State or any department, insti-
tution, or agency thereof, any municipal
corporation, county, city and county, or
other political subdivision of the State,
or any other legal entity whatsoever which
is recognized by law as the subject of
rights and duties.

any action, operation, or treatment,
involving chemical, industrial, or manu-
facturing factors, such as heat-treating
furnaces, by-product coke plants, coke-
baking ovens, mixing kettles, cupulas,
                                 E-7

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                             blast furnaces, open hearth furnaces,
                             heating and reheating furnaces, puddling
                             furnaces, sintering plants, Bessemer con-
                             verters, electric steel furnaces, ferrous
                             and non-ferrous foundries, kilns, stills,
                             dryers, roasters, and equipment used in
                             connection therewith, and all other
                             methods or forms of manufacturing or pro-
                             cessing that may emit air contamination.

PROCESS UNIT                 any single process or process equipment

PROCESS WEIGHT               the total weight of all materials intro-
                             duced into a source operation, which
                             source causes any discharge of air con-
                             taminants into the atmosphere.  Solid
                             fuels introduced into any specific source
                             will be considered as part of the process
                           •  weight, but liquid and gaseous fuels and
                             combustion air will not.

PROCESS WEIGHT RATE          a rate established as follows:
                              (a)  for continuous .source operations, the
                                  total process weight for- the entire
                                  period of continuous operation or for
                                  a typical portion thereof, divided by
                                  the number of hours of such period or
                                  portion.thereof, or
                              (b)  for cyclical or batch unit operations,
                                  or unit processes, the total process
                                  weight for a period that covers a
                                  complete operation or an integral
                                  number of cycles, divided by the
                                  hours of actual process operation
                                  during such a period, or

                              (c)  for operations, not specified above,
                                  determine the process weight that
                                  results in a minimum value for
                                  allowable emissions.

SMOKE                        small gas-borne particles resulting from
                             incomplete combustion, consisting pre-
                             dominantly, but not exclusively of carbon,
                             and other combustible material.

STACK OR CHIMNEY             any vertical flue, conduit, or duct
                             arranged to conduct an effluent to the
                             open air.
                                 E-8

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      STANDARD CONDITIONS          a gas temperature of 68 degrees Fahren-
                                   heit and a gas pressure of 29.92 inches
                                   of mercury.

      DPSET CONDITIONS        "     an unpredictable equipment failure or
                                   other malfunction which results in the
                                   violation of emission control regulation,
                                   and which is not due to improper or care-
                                   less operation.

      WIGWAM WASTE BURNER          any burner which consists of a single
      (Effective:  May 1, 1973)     combustion chamber, has the general
                                   features of a truncated cone, and is
                                   used for incineration of wood wastes.
II.  GENERAL:

     A.  TO CONTROL' EMISSIONS LEAVING COLORADO;

         "When emissions generated from sources in Colorado cross the state
          boundary line, such emissions shall not cause the air quality
          standards of the receiving state to be exceeded provided reciprocal
          action is taken by the receiving state." (66-31-21(3)).

     B.  EMISSION MONITORING REQUIREMENTS;

         The Division may require owners or operators of stationary air
         contamination sources to install, maintain, and use instrumentation
         to monitor and record emission data as a basis for periodic reports
         to the Division.  (66-31-6, 66-31-10(2)(c) and (d)).

     C.  PERFORMANCE TESTING;

         In order to determine compliance with emission control regulations,
         the Division may require the owner or operator of any source to
       "  conduct performance tests in accordance with methods approved by
         the Division with the tests being made at the expense of the owner
         or operator.  The Division may monitor such required performance
         tests conducted by the owner or operator and may also conduct
         performance tests.  (66-31-6, 66-31-10(2)(c) and (d)).

     D.  UPSET CONDITIONS .AND BREAKDOWNS:

         Upset conditions, as defined, shall JiQt_±>e.j3eemed. to be_in violation
         of these Regulations provided that the Air Pollution Control Division
         is notified as soon as possible ;_but 310"later--.than 2 hours after the:
         start of the next working dayr followedi.by .written notice to the . .^~
         Division'explaining the cause of theiTQOcurreirce\ and that proper action
                                    E-9

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    has been or is being taken to correct.the conditions causing said
    violation and to prevent such excess emissions in the future.
    (66-31-8(4)) .

E.  EFFECTIVE DATE;

    The effective date of this "common provisions--regulation" is
    February 1, 1972.

F.  REVOCATION OF TEMPORARY EMISSION _COtCTROL ^REGULATIONS ;

    The temporary emission control regulations, identical to provisions
    set forth in sections 66-29-5(2) through  (6), Colorado revised
    Statutes 1963, as amended, are revoked.   (66-31-24(1)).
G.  CONFLICTS;

    Nothing  in  these regulations  is  intended  to permit any practice
    which  is a  violation of  any statute,  ordinance or regulation.
     (66-31-6).

H.  SEVERABILITY CLAUSE;

    If any Regulation, Section, clause, phrase, or standard contained
    in these regulations shall for any reason be held to be inoperative,
    unconstitutional, void or invalid, the validity of the remaining
    portions thereof shall not be affected thereby and the Commission
    does hereby declare that it severally passed and adopted the
    provisions  contained therein  separately and apart from the other
    provisions  thereof.   (66-31-6).

I.  CIRCUMVENTION CLAUSE;

    A person shall not build, erect,  install, or use any article,
    machine, equipment, condition, or any contrivance, the use of
    which, without resulting in a reduction in the total release of
    air contaminants to the  atmosphere, reduces or conceals an
    emission which would otherwise constitute a violation of this
    Regulation.  No person shall  circumvent this Regulation by using
    more openings than is considered normal practice by the industry
    or activity in question.   (Sections 66-31-8(1)(a) and  (b), and
    66-31-8(3)(a)).
                            E-10

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J.   COMPLIANCE PLAN INCREMENTS OF PROGRESS;

     Any hearing request made in accordance with 66-31-13(4)(a)(iii)  or
     (iv), or compliance plan that is received by the Division,  Variance
     Board or Commission,  pursuant to any Commission Air Quality Control
     Regulation or State Implementation Plan  requirement shall contain
     the following Increments of Progress:

        1.   Date of submittal of the source's final control
             plan to the appropriate air pollution control
             agency;

        2o   Date by which contracts for emission control systems
             or process  modifications x^ill be awarded;  or date by
             which orders will be issued for  the purchase of
             component parts to accomplish emission control or
             process modification;

        3.   Date of initiation of on-site construction or
             installation of emission control equipment or
             process changes;

        4.   Date by which on-site construction or installation
             of emission control equipment or process modifica-
             tion is to  be completed; and

        5.   Date by which final compliance is to be achieved.
     Exceptions:

             Sources that are solely indirect  sources  of air pollution.
                                 E-ll

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   REGULATION NO.  1
            (Amended)
    Emission Control Regulations for
 Participates, Smokes, and Sulfur Oxides
       for the State of Colorado
Colorado Air Pollution Control Commission
                       Adopted   : December 9,1971
                       Effective Date: February 1, 1972
                E-12

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                           REGULATION NO.  1
                                (Amended)

                    Emission Control Regulations for
                 Particulates, Smokes,  and Sulfur Oxides
                        for the State of Colorado
I.  SMOKE EMISSIONS AND OPACITY REGULATIONS;

    A.  Stationary Air Contamination Sources:

        1.  No person shall emit or cause to be emitted into the
            atmosphere, from any air contamination source of emission
            whatsoever, any air contaminant which is of such a shade
            or density as to obscure an observer's vision to a degree
            in excess of 20% opacity.  Instrumentation which results
            in equivalent readings may be used in specific installa-
            tions if approved in advance by the Air Pollution Control
            Division.  (66-31-8(2) (a) and (b).

        2.  Exceptions:

            a.  No person shall emit or cause to be emitted into the
                atmosphere from any alfalfa dehydrating mill, any
                air contaminant for a period or periods aggregating
                more than three minutes in any 60 consecutive minutes
                which is of such a shade or density as to obscure an
                observer's-vision to a degree in excess of 40% opacity.
                This emission standard for alfalfa dehydrating mills
                shall be in effect up to and including one year from
                the effective date of the Smoke Emissions and Opacity
                Regulations (Part I,  Section A); thereafter, the 20%
                opacity limitation provided in_.Part I Section A shall
                apply to emissions from alfalfa dehydrating mills.
                (66-31-8(3)(a)  and (f)).

            b.  No person shall emit or cause to be emitted into the
                atmosphere from any pilot plant and experimental
                operation any air contaminant for a"period or periods
                aggregating more than three minutes in any 60 conse-
                cutive minutes which is'of such a shade or density as
                to obscure an observer's vision to a degree in excess
                of 40% opacity.  This emission standard for pilot
                plants and experimental operations shall be in effect
                for a period not to exceed 180 operating days, cumulative
                total, from the date such operations commence; there-
                after, the 20% opacity limitation provided in Part I
                Section A of these regulations shall apply to emissions
                from pilot plants and experimental operations.
                (66-31-8(1)(a)(e) and (f)).
                                   E-13

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         c.  Emissions from fireplaces used for non-commercial or
             recreational purposes shall be exempt from Part I
             Section A.I of these regulations.  (66-31-8(1)(a)
             (d)(e) and  (f)}.

         d.  Provisions of I.A.I shall not apply to emissions during
             the building of a new fire, cleaning of fires, soot
             blowing, start-up, any process modification or adjust-
             ment, or occasional cleaning of control equipment, the
             shade or appearance of which is not darker than an
             equivalent opacity as to obscure an observer's view to
             a degree not greater than 40%, for a period or periods
             aggregating no more than 3 minutes in any one hour.

        e,.   The provisions of I.A.I shall not
             apply to fugitive dust.  See instead
             Section II.D. of this regulation.

B.  Transportation Sources:

    1.  Four-cycle gasoline-powered vehicles:

        No'person shall emit or cause to be emitted into the
        atmosphere for a period greater than 5 consecutive
        seconds from any four-cycle gasoline-powered vehicle
        whatsoever any visible air contaminant.

    2.  Two-cycle gasoline-powered vehicles:

        No person shall emit or cause to be emitted from any
        two-cycle gasoline-powered vehicle into the atmosphere
        any visible air contaminant which is of such a shade
        or density as to obscure an observer's vision to a
        degree equal to or greater than 20% opacity, except
        for a period not exceeding 10 consecutive seconds.

    3.  Diesel-powered vehicles:

        a.  No person shall emit or cause to be emitted into
            the atmosphere from any diesel-powered vehicle
            operating below 8,000 feet (mean sea level) any
            air contaminant, for a period greater than 10
            consecutive seconds, which is of such a shade or
            density as to obscure an observer's vision to a
            degree in excess of 30% opacity.
            (66-31-8(2)(a) and  (b) , 66-31-8(3)(a) and  (b)).
                           E-14

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       No person  shall  emit  or  cause  to be  emitted  into
       the atmosphere from any  diesel-powered  vehicle
       operating  above  8,000 feet  (mean sea.level)  any
       air contaminant,  for  a period  greater than 10
       consecutive  seconds,  which  is  of such a shade or
       density  as to obscure an observer's  vision to a
       degree in  excess of 40%  opacity.
        (66-31-8(2)(a) and  (b) and  66-31-8(3)(a)  and (b)).
   c.  Exceptions:

       c-1.   Emissions  from diesel-powered vehicles exceeding
              the requirements  of  Part  B  Sections 3(a) and  (b)
              of these regulations  shall  be exempt for a period
              of twenty  (20) minutes  if the emissions are a
              direct result of  a cold engine start-up and provided
              the vehicle  is in a  stationary position.
               (66-31-8(4)).

       c-2.   All off-highway heavy duty  diesel-powered vehicles
              shall be exempt from the  provisions of Part B
              Sections 3(a) and (b) for nonconsecutive periods
              of fifteen (15) seconds.   (66-31-8(4).
4.  Diesel-Powered Locomotives:

    a.  Until July 1, 1978 no person shall emit or cause to be
        emitted into the atmosphere from any diesel-powered
        locomotive any air contaminant which is of such a shade
        or density as to obscure an observer's vision to a
        degree in excess of 30% opacity below 6,000 feet
        (mean sea level) and 40% opacity above 6,000 feet
        (mean sea level).  (66-31-8(2)(a) and (b), and
        66-31-8(3)(a) and (b)).

   b.   After July 1, 1978 no person shall emit or cause to be
        emitted into the atmosphere from any diesel-powered
        locomotive any air contaminant which is of such a shade
        or density as to obscure an observer's vision to a
        degree in excess of 20% opacity below 6,000 feet  (mean
        sea level) and 30% opacity above 6,000 feet (mean sea
        level).   (66-31-8(2)(a) and (b), and 66-31-8(3)(a) and
        (b)).
                    E-15

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            c.    Exceptions  to Parts I.B.4(a)  and (b).

                 c-1    Opacity emissions as a  result of a  cold  engine
                       start-up not to exceed  thirty (30)  consecutive
                       minutes provided the locomotive  is  in  a  stationary
                       position.  (66-31-8(4)).

                 c-2    Opacity emissions for nonconsecutive periods  of
                       three (3) minutes with  an aggregate of not  more
                       than  ten (10)  minutes in  one hour when a loco-
                       motive  engine is being  tested, adjusted, rebuilt
                       or repaired  in the maintenance yards.
                       (66-31-8(4)).

                 c-3    Opacity emissions for nonconsecutive periods  of
                       four  (4)  minutes when a locomotive  is  accelerated
                       after standing still.  (66-31-8(4)).
                            •

                 c-4    Until July 1,  1978 when diesel locomotives  are
                       used  for switching,  opacity emissions  are not to
                       exceed  40% opacity except for nonconsecutive
                       periods of fifteen (15) seconds;  however, opacity
                       emissions are never to  exceed 50% opacity.
                       (66-31-8(4)).

            d.    The  owner or operator of any  diesel powered  vehicles
                 that have been cited for violation of  Section  I.E.4
                 of this regulation,  but that  are unavailable for  a
                 compliance  inspection, shall  submit to the Division
                 an affidavit attesting to those abatement measures
                 which have  been completed and shall state in that
                 affidavit that the vehicles cited have achieved
                 compliance  with this regulation.


SOURCE:  Section C -  Open Burning,
         Repealed and Readopted February 8r 1973, Effective May 1, 1973:

C.  Open Burning:

    1.   No person shall burn or permit to be  burned on any  open
         premises owned or controlled by him,  or on any public street,
         alley, or other land adjacent to such premises, rubbish,
         waste, paper, wood, or other flammable  material unless a
         permit therefor shall first have been obtained from the
         appropriate  authority enforcing air pollution  control
         standards or the designee of the Air  Pollution Control
         Division.  In granting or denying the issuance of any
         such permit, said authority shall base  its action on the


                                 E-16

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     location and proximity of such burning to any building
     or other structure, the potential contribution of such
     burning to air pollution in the area, climatic conditions
     on the day or days of such burning, and compliance by the
     applicant for the permit with applicable fire protection
     and safety requirements of the local authority or area,
     and the air pollution control authority is satisfied that
     there is no practical alternative method for the disposal
     of the material to be burned or to conduct the desired
     activity and that the open burning is conducted in such
     a reasonable manner so as to minimize emissions including
     but not limited to the use of non-approvable incinerators
     and air curtain destructors, the use of auxiliary clean
     fuel, drying the material prior to ignition and separating.
     out for alternate disposal:  rubber, tires, plastics, wire,
     insulation and other similar smoke-producing material.
     (66-31-8(2)(a), (b), (f), and 66-31-20)).

2.    Except ions:

     a.   The provisions of Part I Section C of these regulations
          shall not apply to non-commercial burning of private
          household trash except
          a-1.   Inside such air pollution control areas as have
                 been or shall have been or shall be designated
                 by the Air Pollution Control Commission.  (see
                 Exhibit No. 1).

          a-2.   Inside a 2-mile boundary from the corporate
                 limits of any city or town with a population
                 of over 500 as determined by the latest Federal
                .census and

          a-3.   Inside any area the Commission has designated as
                 having a reasonable alternative to open burning
                 including but not limited to a refuse collection
                 system and sanitary landfill.  (66-31-8(4)).

      b.  Fires used for non-commercial cooking of food for human
          beings or for instructional or recreational purposes
          shall be exempt from Part I, Section C of these regu-
          lations.  (66-31-8(4)).

      c.  Smokeless flares or safety flares for the combustion
          of waste gases shall be exempt from Part I, Section C
          of these regulations.  (66-31-8(4)).
                       E-17

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           d.  Flares used to indicate some danger to the public shall
               be exempt from Part I,  Section C of these regulations.
               (66-31-8(4)).

           e.  Emissions from fireplaces used for non-commercial,
               recreational or aesthetic purposes shall be exempt
               from Part I.C.I of this regulation outside those areas
               designated in Section C.2.a. hereof.  Inside those
               areas, fireplace fuel shall be limited to dry wood,
               dry paper, or smokeless fuel.  (66-31-8(4)).

II.  PARTICULATB EMISSION REGULATIONS

     A.  Fuel-Burning Equipment:

         1. No person shall cause or permit to be emitted into the
            atmosphere from any fuel-burning equipment, or to pass
            a convenient measuring point near any opening, particu-
            late matter in the flue gases which exceed 0.5 pounds
            per 1,000,000 BTU heat input for fuel-burning units
            generating not more than 1,000,000 BTU per hour total
            input.  For single units generating 1,000,000 BTU per
            hour or more total input,  Figure 1 on the following
            page will be used to determine the allowable particu-
            late emission limitation.   For fuel-burning equipment
            generating 500 million BTU input per hour or more,
            particulate matter in the flue gases cannot exceed
            0.1 pounds per million BTU heat input.  If two or more
            units connect to any opening, each unit shall, for the
            purpose of computing the maximum allowable emission
            rate, be considered a separate entity with the allowable
            emission rate for the opening the sum of the individual
            computations.  (66-31-8(2) and  (c), and 66 13-8(3)(a)).

            Typical Values from Figure 1 are shown in TABLE I.
                                    E-18

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E-19

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II. A (continued)

                                TABLE I

                       Particulate            '        Particulate
          Fuel Input    Emissions       Fuel Input     Emissions

          106 BTU/hr.  lbs./106BTU      106 BTU/hr.   lbs./106 BTU

             0.1          0.50             100            0.15

             1.0          0.50           .  500            0.10

            10.0          0.27 .           1000            0.10

          Interpolation of the data in TABLE I for fuel-burning
          equipment shall be by use of the following equations;
                     PK = 0.5                        FI      1.0
                                '  . 0.26           x      .
                     PE = 0.5 (FI)             1.0 / FI  / 500.0
                     PE = 0.1               500.0 ^/ FI

          Where:   PE = Particulate Emission in pounds per million BTU
                  FI = Fuel Input in million BTU per hour

                  £s Less than or equal to  (if "FI" is to the left
                     of the symbol) .
                     Greater than or equal to (if "FI" is to the
                     right of the symbol)
                                                 *
          Method of Measurement :

          a.  Emission rates shall be measured according to the
              American Society of Mechanical Engineer's Power Test
              Codes - PTC-27 dated 1957 and entitled, "Determining
              Dust Concentrations in a Gas Stream" or any equivalent
              method which has been approved by the Air Pollution
              Control Division in advance of such measurement.
              (66-31-8(2) (a) and  (c^ and 66-31-8 (3) (a) ).
                                   E-20

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       NOTE:  THIS AMENDMENT TO REGULATION NO. 1, SECTION II.B.  ENTITLED,
              "INCINERATORS" RESCINDS AND REPLACES SECTION II.B. ENTITLED,
              "REFUSE BURNING EQUIPMENT."
II.
                                                 ADOPTED  :
                                                 EFFECTIVE:
September 8, 1972
November 30, 1972
       B.  Incinerators:

           1.   Permits:

               No person shall construct or operate any incinerator without a
               permit from the Division.  (66-31-10(2)(g)  and 66-31-20).

               a.  A permit to operate will be issued for  a one-year
                   period subject to renewal.

               b.  No permit shall be granted  until the applicant
                   demonstrates that the incinerator meets the criteria
                   of Section 66-31-20 of the  Act,  and  is  constructed
                   and operated to meet all the regulations of the
                   Commission.

               c.  Inside designated air pollution  control areas  and
                   other areas outlined under  Section i.e.2.a.  of this
                   regulation, the use or operation of  any incinerator
                   on property devoted to residential use  is  prohibited
                   and no permit shall be granted for its  use.

           2.   Exemptions:

               a.  The prohibition of Section  II.B.C. shall not apply
                   to existing residential incinerators until January
                   1, 1977.

               b.  Incinerators without a valid permit  may be used for
                   the non-commercial burning  of private household
                   trash where such open burning is allowed.
                   (See  Section i.e. of this regulation).
                                           E-21

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II.  B - (continued)

        3.   Standard of Design and Performance:

            a.  Inside designated air pollution control areas (shown
                on Exhibit No. 1) no person shall cause or permit an
                emission of more than 0.10 grain of particulate matter
                per standard cubic foot (dry flue gas corrected to
                12% carbon dioxide)  into the atmosphere from any new
                incinerator.  From any existing incinerator, no person
                shall cause or permit an emission of more than 0.15
                grain of particulate matter per standard cubic foot.
                Effective January 1, 1977 existing incinerators shall
                meet the grain loading requirement of this section for
                new incinerators.  (66-31-8 (2)  (a) ar.d (c), and
                66-31-8(3)(a)  and (b).

            b.  Outside designated air pollution control areas, no
                person shall cause or permit an emission of more than
                0.15 grain of particulate matter per standard cubic
                foot (dry flue gas corrected to 12% carbon dioxide)
                into the atmosphere from any incinerator.

        4.   Method of Measurement:

            a.  Emission rates shall be measured according to the
                American Society of Mechanical Engineer's Power Test
                Codes - PTC-27 dated 1957 and entitled, "Determining
                Dust Concentrations in a Gas stream" or any equivalent
                method which has been approved by the Air Pollution
                Control Division in advance of such measurement.  The
                test data shall reflect particulate gas stream concen-
                trations consistent with the rated capacity of the
                incinerator, and corrections for carbon dioxide will
                be made without the contribution of carbon dioxide
                from auxiliary fuel.  (66-31-8(3)(a) and  (b)).

        5.   Amendments to this section shall become effective .'November 30, 1972.
                                        E-22

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II.

        C.  Manufacturing Processes:
                No person shall cause or permit any emission into the
                atmosphere in any 60 consecutive minutes from any opening
                whatsoever,  particulate matter in quantities in excess of
                the emission rates as shown in Figure 2.  If two or more
                process units connect to an opening each process unit shall,
                for the purpose of computing the maximum allowable emission
                rate,  be considered a separate entity with the allowable
                emission rate for the opening the sum of the individual
                computations.  (66-31-8(2), (al  and (c), and 66-31-8 (3) (a)
                (f) and (g)).

                Typical Values from Figure 2 are shown in TABLE II.
                                     E-23

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                        E-24

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II.C(continued)
                               TABLE II
Process
Weight Rate
Ibs . /hr .
50
100
500
1,000
Emission Rate
Ibs . /hr .
0.03
0.55
1.53
2.25
Process
Weight Rate
Ibs./hr.
5,000
10,000
20,000
60,000
Emission Rate
Ibs./hr.
6.34
9.73
14.99
29.60
        Process
     Weight Rate
      tons/hr.

         40

         60

         80
                    Process
Emission Rate    Weight Rate
                   tons/hr.
Ibs./hr.

 31.19

 33.28

 34.85
                       100

                       200

                       500
Emission Rate
  Ibs./hr.

   36.11

   40.35

   46.72
     Interpolation of -the data  in  Table  II for  the  process weight  rates
     up to 60,000  Ibs./hr,  shall be by use of the equation:
                     E  = 3.59  P
                                0.62
                             30 tons/hr.
     and  interpolation  and  extrapolation of  the  data  for  process  weight
     rates  in excess  of 60,000  Ibs./hr.  shall  be by use of the equation:
                     E = 17.31 P
                                 0.16
                       30 tons/hr. /  P
     Where:   E = Emissions in pounds per hour.
             P = Process weight rate in tons per hour.

             /_, Less than or equal to (if "P"  is to the left
                 of the symbol).
                 Greater than or  equal to (if "P" is to the
                 right of the symbol)

        2.  Method  of Measurement:

           Emission  rates  shall  be measured according  to the
           American  Society  of Mechanical Engineer's Power
           Test Codes - PTC-27 dated  1957 and  entitled,
           "Determining Dust Concentrations in a Gas Stream"
           or any  equivalent method which has  been  approved
           by the  Air Pollution  Control  Division in advance
           of such measurement.   (66-31-8(2)(a)  and (c) , and
           66-31-8(3)(a),  (f)  and  (g)).
                                   E-25

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D.  Fugitive Dust:

    1.  Effective Date and Affected Areas.

        a.   The existing Section li.D. of Regulation No. 1 controlling
             fugitive dust shall be repealed effective July 31, 1974 and
             the new Section II.D as follows shall become effective
             August 1, 1974 .  This delayed effective date for the new
             Section II.D allows time for voluntary compliance with
             the new provisions.

        b.   Sections II.D.3, 4 and 5 shall apply only to Commission
             designated air pollution control areas as shown on page
             1.13 of this Regulation No. 1.

        c.   Sections II.D.2, 6, 7, 8,  and 9 shall apply statewide.

    2.  Opacity Regulations for Fugitive Dust Emissions Emanating from
          Unenclosed operations .

        a.   No person shall emit or cause to be emitted from any
             source of fugitive dust whatsoever, any particulate
             matter which,

             (i)  at or from the source of said emission, is of
                  such a shade or density on the property of emission
                  origination so as to obscure an observer's vision
                  to a degree in excess of 20% opacity, or

            (ii). is visibly transported off the property of emission
                  origination and remains visible to an observer
                  positioned off said property when sighting along
                  a line which does not cross the property of emission
                  origination.

       b.   Exceptions from Opacity Regulation Section II.D.2(a).

            (i)    All unpaved roads and unpaved parking  lots
                  (covered by Section II.D.3).

           (ii)    Earth and construction-material moving and
                  excavating activities except for crushing,
                  grinding, milling, conveying, and bagging
                  processes.  (covered by Section II.D.4).

          (iii)    Demolition, wrecking, and moving of structures
                  and explosives detonation activities.   (covered
                  by Section ll.D.5).
                                   E-26

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         (iv)   Open mining activities.   (covered by Section
               II.D.6).

          (v)   Agricultural cultivation  activities (regulated
               in part by Section II.D.7).

         (vi)   Sources of fugitive dust  which exceed opacity
               regulations for a period  or periods aggregating
              , less than three  (3) minutes in any sixty  (60)
               consecutive minutes.

       (vii)   Sources of fugitive dust  from which dust emissions
               exceed opacity regulations when mud velocities
               exceed 30 m.p.h. as determined by one or more of
               the following practices as approved by the Division:
               By a one-hour average at  the nearest official station
               of the U.S. Weather Service; by interpretation of
               surface weather maps by a qualified meteorologist;
               or by use of one or more  anemometers at the site.

      (viii)   any other sources as specified by the Commission,

3.   Unpaved Roads and Unpaved Parking Areas.

     a.    All new unpaved roads and unpaved parking areas:

          a-1  No person shall construct or operate a new
             ,  unpaved road, or new unpaved parking area
               unless a permit therefore has been granted
               by the Division pursuant to Section ll.D.8.
         a-2   Exceptions:

               (i)   Any new road or parking area which,
                     after demonstration to the Division,
                     will not exceed an average daily
                     traffic count of 165 vehicles averaged
                     over any consecutive 3-day period.

              (ii)   Any new road or parking area associated
                     solely with housing.or apartment projects
                     of seven family dwelling units or less.

             (iii)   Any new road or parking area to be hard
                     surfaced (concrete or bituminous binder
                     and rock) within six (6) months of start
                     of construction, except that the person
                             E-27

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                 constructing or contracting to construct
                 said road or parking area shall notify
                 the Division in advance of commencing
                 construction of the nature, size, and
                 location of the hard surfacing project
                 and the dates on which the road or parking
                 area construction project is to start and
                 is to be completed.  The person shall use
                 abatement and preventive measures as out-
                . lined in II.D.9 during construction.

     a-3   The Division may require the person owning or maintain-
           ing any new or existing unpaved road to supply traffic
           count information on a regular basis to the Division
           as necessary to determine if additional abatement and
           preventive measures or changes in the implementation
           time schedule are required of the person by the Division.

b.   Existing Privately Owned or Maintained unpaved Roads and Unpaved
       Parking Areas.

     b-1   Any person owning any unpaved road or unpaved parking area
           or having a right-of-way easement or possessory right to
           use the same, found by the Division to exceed a maximum
           allowable traffic count of 165 vehicles per day averaged
           over any consecutive 3-day period, shall discontinue and
        ,  prevent use of that road or parking area, unless the
           Division has approved a fugitive dust control plan which
           includes preventive measures as outlined in II.D.9 and
           unless the conditions of the approved plan are met
           continually.
c.   Existing Publicly Owned or Maintained Unpaved Roads and
       Unpaved Parking Areas.

     c-1   By July 1 of each year the Division shall submit
           to the political subdivision owning or maintaining
           unpaved roads or unpaved parking areas and to the
           Commission, a report on the nature and degree of
           emissions from existing unpaved roads and parking
           areas within said political subdivisions which
           exceed 165 vehicles per day averaged over any
           3-day period based upon traffic count information
           as collected by the Division or the political
           subdivision.
                             E-28

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         c-2   Said political subdivisions shall submit a plan
               and progress report to the Division by October 1
               of each year which includes a specified time
               schedule for the control of fugitive dust emissions
               on unpaved roads and unpaved parking areas as
               reported by the Division pursuant to Section II.D.
               3 (c-1).  Said plans shall be based upon:

               (i)   availability of existing and new funds
                     for paving or fugitive dust suppression;

              (ii)   use of preventive measures applicable to
                     unpaved roads and unpaved parking areas
                     as outlined in Section II.D.9.

4.  Earth and Construction-Material Moving and Excavating except for
      Crushing, Grinding, Milling, Conveying and Bagging Processes.

          No land developer of a new, or owner of an existing
     construction or land development project shall throughout
     the duration of the project, disturb or contract to disturb
     by grading, excavating or depositing on more total surface
     area than five  (5) acres of land (in the aggregate) unless
     abatement and preventive measures as outlined in Section
     II.D.9 are being met continually.  New sources regulated
     in this paragraph 4 must be granted a permit from the
     Division purusant to Section II.D.8 prior to breaking
     ground.

5.   Demolition, wrecking and Moving of Structures and Explosives
       Detonation Activities.

     a.   No person shall conduct demolition, wrecking, or
          moving of structures of explosives detonation
          activities unless a permit therefore has been
          granted by the Division pursuant to Section II.D.8
          and unless the provisions' of Section II.D.9 are
          being met continually.
6.   Open Mining Activities:

          No developer of a new or owner of an existing  open
     mining activity shall throughout the duration of the
     operation,  disturb or contract to disturb by grading,
     excavating, or depositing on more total surface  area
     than one (1) acre of land (in the aggregate)  unless
                              E-29

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     the provisions of Section II.D.9 are being met con-
     tinually.  New open mining activities must be granted
     a permit from the Division pursuant to Section II.D.8
     prior to operation.  Open mining shall mean the mining
     of natural mineral deposits, limestone, coal, sand,
     gravel, and quarry aggregate, by removing the overburden
     lying above such deposits and mining directly from  the
   .  deposits thereby exposed.  The term includes, but is
    'not limited to, such practices as open cut mining,  open
     pit raining, strip mining, quarrying, and dredging.

7.   Complaint Section;

          When a complaint of dust or fugitive dust is
     registered with the Division by a single complainant
     or multiple complainants who allege that any dust or
     fugitive dust obstructs or interferes with the
     reasonable and.comfortable use of his or their property,
     the Division shall investigate and if the Division  finds
     that such conditions exist, the Division shall issue  a
     citation to the person or persons from whose land or
     aqtivity the objectionable emission emanates and shall
     require a fugitive dust control plan containing reasonable
     control measures where appropriate according to the
     abatement and preventive measures as outlined in Section
     II.D.9.

8.   New Source Permit Requirements:

     a.   No permit shall be granted to an applicant unless
          the Division determines to its satisfaction that
          a plan has been submitted on forms provided by
          the Division which includes the following information*
                         E-30

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      a-1
b.
d.
       A description of tho nature and scope
       of tho activity and of the existing or
       new sources of fugitive dust  including
       but not limited to the following:
            excavating
            land leveling
            repair or alteration
            sand blasting
            vehicle movement
            screening
            drying
            waste disposal
            detonation of explosives
            earth moving
            construction
            demolition
            handling
            transporting
            mining activities
                                   crushing
                                   site preparation
                                   feed lots
                                   'campgrounds
                                   fairgrounds
                                   processing of sand,
                                    gravel and rock
                                   cleaning
                                   mixing
                                   miscellaneous uses of land
                                   storage
                                   quarrying
                                   unpaved roads
                                   unpaved parking areas
      a-2
      a-3
      a-4
       Fugitive dust abatement and preventive measures
       as outlined in Section II.D.9.

       A time schedule for fugitive dust abatement and
       prevention.

       A description of any monitoring or sampling
       methods used for recording and reporting
       data to the Division.
e.
The permit mav be granted and renewed for any period of
time as deemed appropriate by the Division.

The permit may be granted to any single applicant for
any single project or combination of projects as deemed
appropriate by the Division.

In the granting of a permit, the Division may impose
any permit condition it deems necessary to attain and
maintain compliance with the provisions of this
Section II.D.

The Division may suspend, revoke, modify, or refuse to
renew or grant a permit under the following conditions:

(i)   the requirements of this Section II.D. have
      not been met.;
                       E-31

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         (ii)   the approved compliance or prevention plan
               has not been followed as determined by the
               Division, or

        (iii)   the permit conditions are not met.

         Any appeal by an applicant of a denial or revocation  of
         a permit shall be conducted in accordance with  the
         provisions of Sections  66-31-12(4)(f),  (g), and  (h) of
         the Act.
9.   List of Abatement and Preventive Measures.

     a.   Unpaved Roads and Unpaved Parking Areas.'

          a-1   Abatement and preventive measures shall be
                approved by the Division and may include but
                shall not be limited to frequent watering,
                addition of dust palliatives, detouring,
                paving, closure, speed control, or other
                means such as surface treatment with
                penetration chemicals (ligninsulfonates,
                oil, water, cutbacks, etc.) or methods of
                equal or greater effectiveness in reducing
                the air contamination produced.

     b.   Demolition, Wrecking and Explosive Detonation Activities;
            Earth and Construction Material Moving,  Mining and
            Excavation Activities.

          b-1   Abatement and preventive fugitive dust control
                measures shall be approved by the Division and
                may include, but shall not be limited to;

                   wetting down, including pre-watering;
                   landscaping and replanting with native
                     vegetation;
                   covering, shielding or enclosing the area;
                   paving, temporary or permanent;
                   treating, the use of dust palliatives and
                     chemical stabilization;
                   detouring;
                   restriction of the speed of vehicles on sites;
                   prevention of the deposit of dirt and mud on
                     improved streets and roads and other such
                     effective means of dust control as the
                     Division may deem necessary;
                   disturbing less topsoil and reclaiming as
                     soon as possible.


                             E-32

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              b-2   Sequential blasting shall be employed whenever or
                    wherever feasible to reduce the amounts of unconfined
                    particulate matter;

              b-3   Such dust control strategies as re-vegetation, delay
                    of surface opening until demanded,  or surface
                    compaction and sealing, shall be applied.

              b-4   Haulage equipment shall be washed or wetted down,
                    treated, or covered when necessary to minimize the
                    amount of dust emitted in transit and in loading.

              b-5   These measures shall also be enforced during periods
                    when actual construction work is not being conducted,
                    such as on weekends and holidays.
         3.   When not fewer than five complaints of objectionable fugitive
              dust are registered with the Division, and earlier at the
              option of the Division, it shall be the responsibility of the
              Division to investigate the complaints to determine if a
              violation of this regulation has occurred and to identify the
              source or sources of the fugitive dust and the circumstances
              surrounding its emission.

111.  SULFUR DIOXIDE EMISSION REGULATIONS;

      A.  Ground Level Concentrations:

          1.  No person shall cause or permit any emission of sulfur
              dioxide which causes a 5-minute average ground level
              concentration greater than 0.25 parts per million
              (by volume)  more frequently than once in any 8 hours;
              or a 1-1.our avenge ground level concentration greater
              than 0.1 parts per million (by volume 1 more frequently
              than once in any 4 days; or a 24-hour average ground
              level concentration greater than 0.,05 parts per million
              (by volume)  more frequently than once in any 90 days.
              Such limitations shall not apply to ground level concen-
              trations occurring on the property from which the emission
              occurs, provided such property, from the emission point
              to the point of any such concentration, is controlled by
              the person responsible for the emission.
              (66-31-8(2)(a)  and (d)).

      SOURCE:  Section B,  Source Emission Concentrations,
               Amended February 8, 1973, effective May 1, 1973:
                                  E-33

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B.  Source Emission Concentrations:

    1. No person shall emit or cause to be emitted sulfur dioxide
       emissions in excess of 500 ppm from any process unit.

    2. Effective January 1, 1978, no person shall emit or cause to
       be emitted sulfur dioxide emissions from a process unit.

       a.   in excess of 500 ppm from any opening and,
       b.   greater than 5 tons SCu per day from any process  unit.

    3. The limitations of Section III.B.2 shall not apply to
       emissions of sulfur dioxide of less than 150 ppm.

    4. On or before July 1, 1975, all owners and operators of
       existing sources of sulfur dioxide, which can not  show
       to the Division by that date that their source or
       sources are in compliance with Section III.B.2 or  3 of
       this Regulation, shall submit an acceptable compliance
       plan pursuant to Regulation No. 3  (Authority to Construct
       and Permit to Operate) designed to meet Section III.B.2
       or 3 by January 1, 1978.

    5. New air contamination sources to be constructed or
       contracted for construction after January 1, 1975,
       shall meet the 1978 emission standard provided herein
       even if operation commences prior to 1978.
                           E-34

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    C.   Method of Measurement

        1.   For the purposes of Section A of this Regulation,  measure-
            ments of sulfur dioxide shall be made by the most  recent
            published method of the Intersociety Committee for a Manual
            of Methods for Ambient Air Sampling and Analysis' ((See
            e.g., Health Laboratory Science 7 (1) 4-12 (1970))  or any
            equivalent method which has been approved by the Air
            Pollution Control Division in advance of such measurement.

        2.   For the purposes of Section B of this regulation,  measure-
            ments of sulfur dioxide shall be made by "An Absorption-
            Titration Method" ((e.g.,  J.S. Fritz and S.S. Yamamura,
            Analytical Chemistry 27 (9) 1461 (1955) and E.B. Seidman,
            Analytica 1 Choiristry 30 (10) 1680 (1959)) or any equivalent
            method v/hieh has been approved by the Air Pollution Control
            Division in advance of such measurement.

    D.   Related Compounds containing sulfur in oxidized states:

        1.   For the purposes of this Regulation, all oxidized  forms
            of sulfur (including, but not restricted to, 803,  SOC^r
            H2SO4 mist)  shall be considered as sulfur dioxide.

        2.   Quantities of such oxidized sulfur compounds, as measured
            by procedures established in Section C above, shall be
            converted on a molar basis to an equivalent quantity of
            sulfur dioxide.  The total of all such quantities,  parts
            per million by volume sulfur dioxide plus parts per million
            by volume sulfur-dioxide-equivalents of other oxidized
            forms, shall be interpreted as "parts per million  by
            volume sulfur dioxide" as used in Sections A and B above.
IV.  EFFECTIVE DATE:
     These Regulations as adopted amend and supersede Commission
     Regulation No. 1 upon the effective date hereof, to wit:
                                              February 1,            1972.
                                    E-36