# Update Presentation to the (2026) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3Add22e264f7ec95f4 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text 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 ● ● ● ● 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 ● ● ● ● Improve air toxics emission inventory Expand ambient air toxics monitoring network 4 ● ● ● ● ● 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 ● ● Priority Toxic Air Contaminants ● (PTAC) ● 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? ● ● ● ● ● Benzene Ethylene oxide Formaldehyde Hexavalent chromium Hydrogen sulfide TAC emissions from point sources (no toxicity weighting) Distribution of TAC emissions - 2020 Point Source NEI 7 Toxicity weighted TAC emissions from point sources Distribution of RSEI-weighted TAC emissions - 2020 Point Source NEI 8 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 ● 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. ● And subsequently, every five years thereafter. Priority Toxic Air Contaminants (PTAC) 12 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? 23 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. 23 Why are additional fees needed? 24 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. 24 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 25 25 Ozone SIP Ozone nonattainment ● ● 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 ● ● ● ● ● ● ● ● 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 ● Recent Air Quality Control Commission hearings materials: ○ ○ ○ ○ ○ 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 ● Air Quality Control Commission (AQCC) hearing public participation opportunities: https://cdphe.colorado.gov/aqcc-public-participation-and-hearing-guidance ● Air Pollution Control Division listening and engagement sessions: https://cdphe.colorado.gov/APCD/Outreach Questions? Thank you! --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Asouthern_ute%3Add22e264f7ec95f4. Public record. Not legal advice.