Update Presentation to the (2026)

Update Presentation to the

Southern Ute Indian Tribe/State

of Colorado Environmental

Commission

Jessica Ferko and Leah Martland

Planning and Policy Program, Air

Pollution Control Division

May 13, 2026

Agenda

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Priority Toxic Air Contaminants

NSPS rule updates

Ozone State Implementation Plan (SIP) updates

Funding Sources for Colorado’s Air Program

Priority toxic air

contaminants

Public Protections from Toxic Air Contaminants Act

Define and

periodically revise list

of Colorado air toxics

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Improve air toxics

emission inventory

Expand ambient air toxics

monitoring network

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Air Division developed initial list in October 2022.

Air commission revised list in April 2025, identifying

344 pollutants.

Commission must review this list every 5 years.

Prior to 2023, the emission inventory for air toxics was

largely based on Air Pollutant Emission Notices (APEN).

HB22-1244 required annual emissions reports from

larger sources, beginning with calendar year 2023.

Commission expanded annual reporting to certain

smaller sources, which starts in 2027 or 2028.

Seven new ambient monitors as of July 2025.

Each station monitors for 96 pollutants.

First annual report released October 2025.

Public Protections from Toxic Air Contaminants Act

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Priority Toxic Air

Contaminants

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(PTAC)

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5

Commission adopted 5 PTAC in January 2025.

Commission adopted health-based standards for each

PTAC in September 2025, pending General Assembly

approval.

Division submitted PTAC Permitting Conceptual

Framework and Needs Assessment Report to General

Assembly in December 2025.

Commission must adopt control strategies by April

30, 2026.

What are the five PTAC?

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Benzene

Ethylene oxide

Formaldehyde

Hexavalent chromium

Hydrogen sulfide

TAC emissions from point sources (no toxicity weighting)

Distribution of TAC emissions - 2020 Point Source NEI

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Toxicity weighted TAC emissions from point sources

Distribution of RSEI-weighted TAC emissions - 2020 Point Source NEI

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What are the PTAC emission control strategies?

Pollutant

Proposal

Applicability

Basis for

proposal

Why was it

proposed

Benzene

Lower leak detection

threshold for pumps and

other covered

components.

Existing and new

petroleum

refineries.

Reviewed federal

consent decrees

and leak detection

programs in other

States.

Detection and

repair of additional

equipment leaks.

Ethylene

oxide

Emissions limitations for

abatement equipment

and fugitive releases and

enhanced monitoring.

Existing and new

sterilization

facilities that use

more than 400

lbs/year of

ethylene oxide.

Reviewed

NESHAP Subpart

O and South Coast

sterilizer rule.

More effective

destruction of

ethylene oxide

from abatement

equipment and

reduce fugitive

emissions.

What are the PTAC emission control strategies?

Pollutant

Proposal

Applicability

Basis for

proposal

Why was it

proposed

Formaldehyde

Require carbon

monoxide or

formaldehyde

emissions limitations

for stationary engines

and turbines.

Formaldehyde

emissions at or

above 4000 lb/yr

and, for existing

sources, located in

or within one mile

of a 2020 PTAC

cancer risk

screening area or

occupied area

within a

disproportionately

impacted

community.

Reviewed federal

NSPS and

NESHAP and

other rules and

programs

implemented by

other States.

Ensure additional

formaldehyde

reductions by

applying more

stringent emissions

limitations.

What are the PTAC emission control strategies?

Pollutant

Proposal

Applicability

Basis for

proposal

Why was it

proposed

Hexavalent

chromium

Prohibition on use of

decorative chrome

plating and work

practices for existing

decorative or new

functional plating and

anodizing.

Existing and new

plating or anodizing

operations that use

hexavalent chromium.

Reviewed

NESHAP Subpart

N and California

chromium control

measures.

Adoption of less

toxic alternatives

and work

practices to

reduce fugitive

emissions.

Hydrogen

sulfide

Control requirement for

asphalt operations and

best management

practices for anerobic

digesters.

Existing or new asphalt

processing plants,

asphalt roofing plant

operations, or anerobic

digesters with hydrogen

sulfide emissions at or

above 10,000 lb/yr.

Reviewed

operations and

maintenance

plans and

permits.

Reduce hydrogen

sulfide emissions.

Iterative requirements to address PTAC are directed by law

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Statute requires the Commission to periodically revisit

the PTAC by specific deadlines:

○ By September 30, 2029, determine whether to

identify any additional PTAC.

○ By September 30, 2029, review the health-based

standards for the initial 5 PTAC.

○ By September 30, 2030, propose health-based

standards for any new PTAC.

○ By September 30, 2030, adopt emission control

regulations for any new PTAC and review the

initial PTAC regulations.

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And subsequently, every five years thereafter.

Priority Toxic Air

Contaminants

(PTAC)

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Emission Guideline (EG)

OOOOc

What is EPA’s Emission Guideline (EG) OOOOc?

● In March 2024, EPA finalized new rules for reducing methane emissions at certain oil

and gas facilities and equipment: 40 CFR Part 60, Subpart OOOOc – Emissions

Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas

Facilities.

● Colorado must adopt requirements for certain oil and gas “designated facilities”

based on the Emission Guidelines.

○ Colorado adopted requirements for pneumatic controllers and pumps (two

designated facilities) in February 2025.

○ Colorado adopted requirements for compressors and equipment at natural gas

processing plants and in the transmission and storage segment in February 2026.

● As a next step, the Division is evaluating potential revised requirements for

additional designated facilities.

What are “designated facilities”?

Equipment or

process

Location

Summary of

requirement

Well liquids unloading

Well site

Best management

practices to reduce

emissions

Associated gas

Centrifugal compressor

Reciprocating

compressor

Recover and route

gas to sales line,

onsite fuel,

reinjection

Centralized production

facility, natural gas

processing plant,

compressor station

Maintain a

volumetric flow rate

In EPA’s

OOOOc,

“designated

facilities” are

subject to

emissions

reductions

requirements.

What are “designated facilities” (continued)?

Equipment or

process

Location

Summary of

requirement

Process controller

Well site, centralized

production facility,

natural gas

processing plant,

compressor station

Operate with zero

emissions

Pump

Storage vessel

Reduce emissions by

95%

Fugitive emissions

Periodic leak

inspection and repair

In EPA’s

OOOOc,

“designated

facilities” are

subject to

emissions

reductions

requirements.

What is the Division proposing?

● Regulation Number 7 already includes requirements for oil and gas

equipment and operations, but not all align with EPA’s Emission

Guidelines.

● The Division is evaluating revisions related to requirements for:

○ Enclosed combustion devices.

○ Flares.

○ Closed vent systems.

○ Covers.

○ Well associated gas.

○ Storage vessels.

What is the Division proposing?

Equipment

Location

Current

Requirements

Potential Proposed

Requirements

Enclosed

combustion devices

Exploration and

production

operations, disposal

well facilities, well

sites, compressor

stations, natural gas

processing plants

Monitor pilot light

New design and

operation

requirements

Opacity

requirements

Flow metering

Natural gas

processing plants

Few requirements

for some facilities

New design and

operation

requirements

Flares

What is the Division proposing?

Equipment

Location

Current

Requirements

Potential Proposed

Requirements

Closed vent systems Exploration and

production

operations, disposal

well facilities, well

sites, compressor

stations, natural gas

processing plants

Certification and

inspection

requirements only

for pneumatic

controllers

Add standard

certification,

operation,

inspection, and

recordkeeping

requirements

Covers

Few requirements

for some facilities

Storage vessels,

compressors

What is the Division proposing?

Equipment

Location

Current

Requirements

Potential Proposed

Requirements

Storage vessels

Exploration and

production

operations, disposal

well facilities, well

sites, compressor

stations, natural gas

processing plants

Design, operation,

control, inspection,

and recordkeeping

requirements

Add new control

requirements and

clarify control

applicability

Associated gas

(wells)

Storage vessels,

compressors

Control

requirements

Add new control

requirements

What is the Division proposing?

● The Division will also develop Colorado’s 111(d) Plan.

● The federal Clean Air Act Section 111(d) requires the development and

submission to EPA of plans that establish performance standards to reduce

emissions from designated facilities. Elements of the plan include, but are not

limited to, demonstrating

○ Legal authority to implement the plan.

○ Identification of enforceable statement mechanisms (e.g., regulation) to

implement the plan.

○ Documentation of engagement on the plan.

○ Certification of required hearing on the plan.

● Colorado’s 111(d) Plan demonstrates that Colorado has adopted requirements

that meet EPA’s presumptive standards in EG OOOOc.

Fee increases

Why are

fees

collected?

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Fees may be adjusted by the Commission to

cover direct and direct costs required to

develop and adminster programs established

under the Colorado Air Act.

● Direct and indirect program costs, include

but are not limited to:

○ Reviewing permit applications.

○ Enforcing permit requirements.

○ Emissions monitoring and tracking.

○ Developing regulations.

○ Emissions modeling.

○ Emissions inventory and tracking.

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Why are

additional

fees

needed?

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Colorado law requires the Division to further improve

Colorado's air quality and achieve the state's climate,

environmental justice, air toxics, and regulatory goals.

Colorado has to undertake additional work to meet

state and federal requirements.

Current fees do not support the enhanced and

expanded work. To cover additional costs, the Division

is proposing increases to:

● Emissions fees.

● APEN filing fees.

● Permit processing fees.

● Application fees.

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What is the Division proposing revising?

Regulation Number 7, Part B, Section V.

Fee

Current rate

Unit

Percent

increase

Potential increased rate*

Annual fee for criteria pollutant

emissions

$84.00 in 2026, $60.00 for years

after

Per ton

95%

$164 in 2027 (2026 emissions)

Annual fee for hazardous air

pollutant (HAP) emissions

$557.00 in 2026, $398.00 for

years after

Per ton

95%

$1090 in 2027 (2026 emissions)

Annual fee for greenhouse gas

(GHG) emissions

Varies by facility or company,

total of $6.5 million

Per ton

11%

Varies by facility or company, 2027

total is $7.25 million

Air pollutant emissions notice

(APEN) filing

$363.00

Per APEN

86%

$675 starting effective date

Emissions reporting notice filing

(Section V. reporters)

NA

Per Notice

NA

$270 per AIRS point

Permit processing

$180.00

Per hour

127%

$410 starting effective date

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Ozone SIP

Ozone nonattainment

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Ozone is a colorless, odorless gas that forms following a reaction

between pollutants (specifically nitrogen oxides (NOx) and volatile

organic compounds (VOC)) in the presence of sunlight.

Ground-level ozone has a harmful effect on human health and the

environment.

More information:

https://cdphe.colorado.gov/severe-ozone-planning

Ozone nonattainment

● Nonattainment under two

national ambient air

quality standards (NAAQS)

● 2008 NAAQS: severe,

attainment date July

20, 2027

● 2015 NAAQS: serious,

attainment date

August 3, 2027

Ozone nonattainment

3-year running design values - Ozone

(*2025 preliminary data)

90

Parts per billion

85

Chatfield

State Park

80

75

Fort Collins West

70

65

60

Design Value Years

*Design Values

defined as the 4th

highest daily

maximum 8-hour

average

concentration,

averaged over a 3year period

Other Upcoming Rule

Revisions or Proposals

Other ongoing or upcoming regulatory efforts

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Updates to industrial manufacturing requirements in Regulation 27 (GEMM)

Request reclassification to attainment for PM10 and repeal maintenance plans

Procedural Rules and Regulation Number 10 – repeal outdate rulemaking procedures and

requirement for non-routine conformity determinations to be presented to the Air Quality

Control Commission

Regulation Numbers 6 and 8 – updates to the incorporation by reference of federal New

Source Performance Standards (Reg 6) and National Emissions Standards for Hazardous Air

Pollutants (Reg 8)

Update the maximum penalty in the Common Provisions

Develop a PM2.5 infrastructure SIP for submission to EPA

Update Regulation 19 to include recent federal changes related to lead abatement

Potential expansion of lawn and garden use restrictions in Regulation 29 to commercial

operators

Locations of additional information

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Recent Air Quality Control Commission hearings materials:

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EG OOOOc (Feb. 2025):

https://drive.google.com/drive/folders/1pa3OR_MtSXZ_uGnklBqPqsK64gyc0d8c

EG OOOOc (Feb. 2026):

https://drive.google.com/drive/folders/1pIMsvvDuDoOSJewpiAdA5d7mQUib9Bah

EG OOOOc (Sept. 2026):

https://drive.google.com/drive/folders/1LA6zy4sqWUzu8RmqPSsh1quazORzVPYW

PTAC control strategies:

https://drive.google.com/drive/folders/1Scl7f9WlX8tzasiY3lbFQu3CcDVqoKop

Fees (May 2026): https://drive.google.com/drive/folders/1s4097w2ZY9-NLnYw0DNN9B2ggRy3JwE

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Air Quality Control Commission (AQCC) hearing public participation opportunities:

https://cdphe.colorado.gov/aqcc-public-participation-and-hearing-guidance

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Air Pollution Control Division listening and engagement sessions:

https://cdphe.colorado.gov/APCD/Outreach

Questions?

Thank you!