# 5 CCR 1001-1: PROCEDURAL RULES > Colorado · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_5_CCR_1001_1 ## Section - **Citation:** 5 CCR 1001-1 - **Heading:** PROCEDURAL RULES - **Jurisdiction:** Colorado - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Code of Colorado Regulations / 1000 Department of Public Health and Environment / 1001 Air Quality Control Commission / 5 CCR 1001-1 ## Text 1 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Air Quality Control Commission PROCEDURAL RULES 5 CCR 1001-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ Outline of Regulation PART A Procedural Rules for All Proceedings before the Commission before August 1, 2025 and All Rulemaking Proceedings Commenced by a Petition for Rulemaking and Adjudicatory Proceedings Commenced by a Request for Hearing Filed before August 1, 2025 I. Introduction II. Scope, Purpose and Authority III. Definitions IV. Procedures for General Meetings IV.A General Meetings IV.B Frequency IV.C Placing an Item on the General Meeting Agenda IV.D Conduct of General Meetings IV.E Planning IV.F Recording Proceedings IV.G Minutes IV.H Public Participation Encouraged IV.I Executive Session IV.J Public Hearings IV.K Informal Hearings IV.L Statements of Policy and Interpretive Rules IV.M Approval of Plans, Reports and State Implementation Plans IV.N Review of Conformity Determinations Code of Colorado Regulations Secretary of State State of Colorado CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 2 V. Procedures for Rulemakings V.A. How a Rulemaking Proceeding Begins V.B. Development of Proposals for Rules or Revisions V.C. Petitions for Rulemaking V.D. Notice V.E. Prehearing Procedures V.F. Conduct of Rulemaking Hearings VI. Procedures for Adjudications VI.A Scope VI.B Initiating an Adjudicatory Hearing VI.C Prehearing Procedures VI.D Hearing Procedures VI.E Decisions of the Commission VI.F Post-Decision Matters VI.G Ex Parte Communications VI.H Declaratory Orders VI.I Special Procedures for Particular Hearings VII. Procedures for Public Comment Hearings on Permit Applications VIII. Public Information and Confidential Information VII.A Scope VII.B Setting the Hearing VII.C Appointment of the Public Comment Hearing Commissioner VII.D Public Comment Hearing Procedures VII.E Appeals of the Permit IX Matters VI.G Ex Parte Communications VI.H Declaratory Orders VI.I Special Procedures for Particular Hearings VII. Procedures for Public Comment Hearings on Permit Applications VIII. Public Information and Confidential Information VII.A Scope VII.B Setting the Hearing VII.C Appointment of the Public Comment Hearing Commissioner VII.D Public Comment Hearing Procedures VII.E Appeals of the Permit IX. Colorado Revised Statutes § 24-4-105(4) X. Conflicts of Interest X.A Definitions X.B Disclosure of a Conflict of Interest CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 3 X.C Disqualification of a Commissioner for a Conflict of Interest X.D Advisory Opinions X.E Rule of Necessity XI. State Implementation Plan XII. Statements of Basis, Specific Statutory Authority, and Purpose PART B Procedural Rules for All Proceedings before the Commission on or After August 1, 2025, Except Rulemaking Proceedings Commenced by a Petition for Rulemaking and Adjudicatory Proceedings Commenced by a Request for Hearing Filed Before August 1, 2025 I. Introduction II. Scope, Purpose and Authority III. Definitions IV. Procedures for General Meetings IV.A General Meetings IV.B Frequency IV.C Placing an Item on the General Meeting Agenda IV.D Conduct of General Meetings IV.E Planning IV.F Recording Proceedings IV.G Minutes IV.H Public Participation Encouraged IV.I Executive Session IV.J Public Hearings IV.K Informal Hearings IV.L Statements of Policy and Interpretive Rules IV.M Approval of Plans, Reports and State Implementation Plans IV.N Review of Conformity Determinations V. Procedures for Rulemakings V.A. How a Rulemaking Proposal is Developed V.B. How a Rulemaking Proceeding Begins CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission ecutive Session IV.J Public Hearings IV.K Informal Hearings IV.L Statements of Policy and Interpretive Rules IV.M Approval of Plans, Reports and State Implementation Plans IV.N Review of Conformity Determinations V. Procedures for Rulemakings V.A. How a Rulemaking Proposal is Developed V.B. How a Rulemaking Proceeding Begins CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 4 V.C. Participation in Rulemaking V.D. How a Proposed Rule is Developed through the Prehearing Process V.E. How a Proposed Rule is Prepared for Hearing V.F. How a Hearing is Conducted V.G. How a Final Rule Becomes a Regulation V.H. Special Rulemaking Proceedings VI. Procedures for Adjudications VI.A Scope VI.B Initiating an Adjudicatory Hearing VI.C Prehearing Procedures VI.D Hearing Procedures VI.E Decisions of the Commission VI.F Post-Decision Matters VI.G Ex Parte Communications VI.H Declaratory Orders VI.I Special Procedures for Particular Hearings VII. Procedures for Public Comment Hearings on Permit Applications VII.A. Scope VII.B. Setting the Hearing VII.C. Appointment of the Public Comment Hearing Commissioner VII.D. Public Comment Hearing Procedures VII.E. Appeals of the Permit VIII. Public Information and Confidential Information VIII.A Distribution of Notices, Agendas, and other information by the Commission VIII.B Availability of Records; Emissions Data Always Public VIII.C Confidential Information IX. Colorado Revised Statutes § 24-4-105(4) X. Conflicts of Interest CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission VII.E. Appeals of the Permit VIII. Public Information and Confidential Information VIII.A Distribution of Notices, Agendas, and other information by the Commission VIII.B Availability of Records; Emissions Data Always Public VIII.C Confidential Information IX. Colorado Revised Statutes § 24-4-105(4) X. Conflicts of Interest CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 5 X.A Definitions X.B Disclosure of a Conflict of Interest X.C Disqualification of a Commissioner for a Conflict of Interest X.D Advisory Opinions X.E Rule of Necessity XI. State Implementation Plan XII. Statements of Basis, Specific Statutory Authority, and Purpose PART A Procedural Rules for All Proceedings before the Commission before August 1, 2025 and All Rulemaking Proceedings Commenced by a Petition for Rulemaking and Adjudicatory Proceedings Commenced by a Request for Hearing Filed before August 1, 2025 The rules as set forth in this Part A will cease to apply on August 1, 2025; provided, however, that the rules in this Part A will continue to apply on and after August 1, 2025, to rulemaking proceedings initiated by a Petition for Rulemaking and adjudicatory proceedings commenced by a Request for Hearing filed before August 1, 2025. I. INTRODUCTION The Colorado Air Quality Control Commission (Commission) is appointed by the Governor and authorized by the Colorado General Assembly to oversee Colorado’s air quality program pursuant to the Colorado Air Pollution Prevention and Control Act, § 25-7-101 et seq., C.R.S., as amended (the Act). The primary role of the Commission is to adopt an air quality management program that promotes clean and healthy air for Colorado’s citizens and visitors, and protects Colorado’s scenic and natural resources in a cost-effective and efficient manner. The Colorado Department of Public Health and Environment’s Air Pollution Control Division (Division) acts as staff for the Commission ended (the Act). The primary role of the Commission is to adopt an air quality management program that promotes clean and healthy air for Colorado’s citizens and visitors, and protects Colorado’s scenic and natural resources in a cost-effective and efficient manner. The Colorado Department of Public Health and Environment’s Air Pollution Control Division (Division) acts as staff for the Commission. The general public and the regulated community may appeal certain decisions of the Division to the Commission for review and determination of fair and appropriate action. The activities of the Commission are open to the public, with the exception of certain circumstances in which the Commission is permitted by law to meet in executive session. The Commission encourages public participation to its fullest extent. The Commission’s Procedural Rules are designed to promote open, fair, and effective proceedings with the input and participation of the general public. The Commission is composed of nine citizen members appointed by the Governor and confirmed by the Colorado State Senate. The members reflect a wide variety of professional backgrounds and individual interests. Colorado has chosen the citizen board approach to develop and oversee implementation of its air quality management program to ensure that the air quality program is responsive to the public. These procedural rules are intended to promote participation by all interested persons in a fair and responsible manner. The goal of Commission proceedings is to produce thoughtful and well-informed decisions. In rulemaking proceedings, the Commission promotes policy discussion that is well supported by technical and scientific data with a minimum of adversarial or formal trial-like proceedings. In adjudicatory proceedings the Commission intends to enforce its rules and regulations uniformly and equitably while ensuring that the goals of the air quality program it has adopted are not compromised isions. In rulemaking proceedings, the Commission promotes policy discussion that is well supported by technical and scientific data with a minimum of adversarial or formal trial-like proceedings. In adjudicatory proceedings the Commission intends to enforce its rules and regulations uniformly and equitably while ensuring that the goals of the air quality program it has adopted are not compromised. Accordingly, these procedural rules are intended to promote, rather than obstruct, public participation in decision-making. Air quality rules and regulations are often complicated and difficult to understand. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 6 The Commission makes every effort to simplify the process. Persons appearing before the Commission are encouraged to make well-planned presentations that use clear, concise, common sense language to explain their points of view. Abusive tactics, misrepresentations, and personal attacks on the motivation of others will not be tolerated. Persons appearing before the Commission can assist their fellow citizens in reaching decisions that may have significant social and economic impacts in the state. The Commission welcomes and appreciates participation in its decision-making process. II. SCOPE, PURPOSE, AND AUTHORITY II.A. These procedural regulations are adopted pursuant to the authority conferred upon the Commission in §§ 25-7-106(3) and -106(5), C.R.S., and are intended to implement and be consistent with the requirements of the State Administrative Procedures Act, § 24-4-101 et seq., C.R.S., as amended (the APA), and the Colorado Air Pollution Prevention and Control Act, § 25- 7-101 et seq., C.R.S., as amended (the Act). II.B. These regulations govern all procedures and hearings before the Commission. Where specifically stated, they also govern certain procedures and hearings before the Air Pollution Control Division within the Colorado Department of Public Health and Environment. II.C s amended (the APA), and the Colorado Air Pollution Prevention and Control Act, § 25- 7-101 et seq., C.R.S., as amended (the Act). II.B. These regulations govern all procedures and hearings before the Commission. Where specifically stated, they also govern certain procedures and hearings before the Air Pollution Control Division within the Colorado Department of Public Health and Environment. II.C. These regulations do not apply to interpretive rules or general statements of policy issued by the Commission that are not intended to be binding. II.D. Except when necessary to comply with applicable statutes or to provide due process, the requirements of these procedural regulations may be waived by the Commission whenever it is determined that strict adherence to the rules is not in the best interest of fairness, impartiality, or an efficient proceeding before the Commission. A party to any proceeding before the Commission who, during the proceeding, fails to raise an objection regarding lack of compliance with any procedural requirement of these regulations waives that issue for the purpose of judicial review. II.E. In the event of a conflict between these regulations and the APA or the Act, the statutes prevail. Where a conflict between the APA and the Act arises, and the Act is more specific, the Act takes precedence. II.F. The records of the Commission are open to the public for inspection during normal business hours unless confidential treatment of specified records is required under provision of law. Many Commission records are available online; please contact the Commission Office for further information. III. DEFINITIONS The definitions of terms used in these regulations shall be in accordance with the Act, the APA, and other applicable regulations of the Commission unless the context requires otherwise. III.A. Act: The Colorado Air Pollution Prevention and Control Act, § 25-7-101 et seq., C.R.S. III.B sion records are available online; please contact the Commission Office for further information. III. DEFINITIONS The definitions of terms used in these regulations shall be in accordance with the Act, the APA, and other applicable regulations of the Commission unless the context requires otherwise. III.A. Act: The Colorado Air Pollution Prevention and Control Act, § 25-7-101 et seq., C.R.S. III.B. Adjudicatory Proceeding: Adjudicatory proceedings include notice and hearing activities which are required by law to determine past and future rights and obligations of individual persons or sources, e.g., an appeal of permit terms and conditions, enforcement actions, or declaratory order proceedings. Adjudicatory proceedings typically occur during the Commission's general meetings and are governed by the procedures in Section VI. of these regulations. III.C. Administrative Procedures Act (APA): § 24-4-101 et seq., C.R.S. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 7 III.D. Alternate Proposal: Any new substantive proposed rule text offered for the Commission's consideration and approval, including wholly new regulation text, or amendments or revisions to previously proposed regulation text. For purposes of Sections V.E.5.c.(ix), V.E.6., and V.E.7.b., proposed text that simply deletes, clarifies or elaborates on elements of an already-submitted proposal, without substantive new obligations or requirements, is not an alternate proposal. III.E. Attorney General: The Attorney General represents and advises the Commission, and also represents the Division before the Commission. Office of the Attorney General Colorado Department of Law Natural Resources & Environment Ralph L. Carr Colorado Judicial Center1300 Broadway, 9th Floor Denver, Colorado 80203 Email: airsupport@coag.gov III.F. Commission: The Colorado Air Quality Control Commission created in § 25-7-104, C.R.S ey General represents and advises the Commission, and also represents the Division before the Commission. Office of the Attorney General Colorado Department of Law Natural Resources & Environment Ralph L. Carr Colorado Judicial Center1300 Broadway, 9th Floor Denver, Colorado 80203 Email: airsupport@coag.gov III.F. Commission: The Colorado Air Quality Control Commission created in § 25-7-104, C.R.S. Colorado Air Quality Control Commission Colorado Department of Public Health and Environment4300 Cherry Creek Drive South, EDO- AQCC-A5Denver, Colorado 80246 Email: cdphe.aqcc@state.co.us Web: https://cdphe.colorado.gov/aqcc III.G. Consent Agenda: A consent agenda consists of routine, non-controversial, and self-explanatory items that the Commission may approve without individual discussion. III.H. Division: The Colorado Air Pollution Control Division that exists within the Division of Administration of the Colorado Department of Public Health and Environment. Colorado Air Pollution Control Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South, APCD-B1 Denver, Colorado 80246 Email: cdphe.commentsapcd@state.co.us Web: https://cdphe.colorado.gov/air-pollution/air-pollution-control-division-topics III.I. Ex Parte Communication: Means an oral or written communication regarding a proceeding where the communication is between a member or members of the Commission and a person who has an interest in the proceeding that: takes place after the adoption of a petition to notice a rulemaking or after an appeal for an adjudicatory hearing has been filed; is not on the public record; is not authorized by other specific provision of law or Commission order; and with respect to which reasonable prior notice to all parties is not given. III.J. File or Filed: III.J.1. Means received in the Commission Office and date-stamped by staff as received on that day or, when filed by electronic mail for rulemakings or adjudications under Section III.J.2., as provided herein. III.J.2. Electronic Filing orized by other specific provision of law or Commission order; and with respect to which reasonable prior notice to all parties is not given. III.J. File or Filed: III.J.1. Means received in the Commission Office and date-stamped by staff as received on that day or, when filed by electronic mail for rulemakings or adjudications under Section III.J.2., as provided herein. III.J.2. Electronic Filing CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 8 III.J.2.a. Filing by electronic mail shall be complete when the Commission Office receives, by midnight on the date it is due, an electronic mail containing an attached, signed version of the document to be filed, and a message is transmitted back to the sender from the Commission Office, confirming the filing was received by midnight on the day that the document is due. An electronic document may be “signed” by affixing a signature to the document and scanning and attaching the signature page to the filing. Alternatively, by affixing his or her name to the document, a filer agrees that the document constitutes an electronic transaction pursuant to C.R.S. 24-71.3-105 and an electronic signature pursuant to 24-71-101. The Commission’s email address is: cdphe.aqcc@state.co.us unless otherwise specified in various Commission documents. When a party files by electronic mail, it shall be considered an agreement to be served by electronic mail. The filer is responsible for furnishing one or more electronic notification addresses at which the electronic filer agrees to accept service and shall immediately provide the Commission, and all parties with any change to the electronic filer’s notification address. Documents larger than twenty (20) megabytes shall not be filed by electronic mail, unless otherwise approved by the Commission mail. The filer is responsible for furnishing one or more electronic notification addresses at which the electronic filer agrees to accept service and shall immediately provide the Commission, and all parties with any change to the electronic filer’s notification address. Documents larger than twenty (20) megabytes shall not be filed by electronic mail, unless otherwise approved by the Commission. If the document is too large to transmit by electronic mail, the filer shall serve the document(s) on a CD or disc or other electronic means by mailing or hand delivering 15 copies of the electronic version to the Commission Office. III.J.2.b. Subject to the size limitation established in Section III.J.2.a., or unless granted an exception to electronic filing of Section III.J.3., all filings for rulemakings and adjudications under Procedural Rules V. and VI. shall be made by electronic mail. III.J.3. Exception to Electronic Filing Any person who is unable to comply with the requirements of Section III.J.2. may request the Commission to file documents in paper format. An original and the number of paper copies required for each proceeding as specified in these procedural rules must be filed in the Commission Office. III.K. Good Cause: Means a valid and sufficient reason, in the opinion of the hearing officer or the Commission, to make an exception to a requirement of the Procedural Rules. III.L. Party: Any person, entity, or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any Commission proceedings subject to these regulations. Parties generally are allowed to make individual presentations to the Commission at hearing and to cross-examine witnesses (see, Section V.E.2. of these regulations [regarding parties to rulemaking proceedings]). The Division and any person subject to an order or decision of the Division are parties to an adjudicatory proceeding (see, Section VI.B.4. of these regulations [regarding parties to adjudicatory proceedings]). III.M to make individual presentations to the Commission at hearing and to cross-examine witnesses (see, Section V.E.2. of these regulations [regarding parties to rulemaking proceedings]). The Division and any person subject to an order or decision of the Division are parties to an adjudicatory proceeding (see, Section VI.B.4. of these regulations [regarding parties to adjudicatory proceedings]). III.M. Publication: Publication in the Colorado Register or Colorado Code of Regulations, as appropriate. III.N. Rule or Regulation: As used in these procedural rules include proposed revisions or amendments to existing regulations, alternate proposals, or wholly new regulation text. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 9 III.O. Rulemaking Proceeding: Rulemaking proceedings are the notice and hearing activities required by law for the Commission to adopt regulations, as authorized by the Act or other specific authority, that are of general applicability and future effect that implement, interpret, or declare law or policy, which are intended to be binding, e.g., emissions control regulations, operating permit regulations, or inspection and maintenance requirements. They include adoption of proposed regulations, or deletion of, or revisions or modifications to, existing regulations of the Commission. Rulemaking proceedings typically occur during the Commission's general meetings and are governed by the procedures in Section V. of these regulations. III.P. State Implementation Plan (SIP): State Implementation Plan for ambient air quality standards required under 42 U.S.C. Section 7410. This instrument generally consists of enforceable regulations, plans, and support documentation, and is submitted to the U.S. Environmental Protection Agency for review and approval (see i.e. 40 C.F.R. Part 52, Subpart G [Colorado]). III.Q. Staff: Means the Technical Secretary/Administrator under all circumstances and the Division at the request of the Commission or the Technical Secretary/Administrator nstrument generally consists of enforceable regulations, plans, and support documentation, and is submitted to the U.S. Environmental Protection Agency for review and approval (see i.e. 40 C.F.R. Part 52, Subpart G [Colorado]). III.Q. Staff: Means the Technical Secretary/Administrator under all circumstances and the Division at the request of the Commission or the Technical Secretary/Administrator. III.R. Technical Secretary/Administrator: The person employed by the Commission pursuant to § 25-7- 105(3), C.R.S. The Technical Secretary/Administrator can be reached at the Commission Office. IV. PROCEDURES FOR GENERAL MEETINGS IV.A. General Meetings: General meetings of the Commission are typically held once a month. General meetings are held for the Commission to conduct business, which might include, for example, informal hearings, briefings, reports, budget matters, noticed rulemaking or adjudicatory hearings, or noticed SIP hearings. IV.B. Frequency: Meeting dates and hearing schedules are set by the Commission. The Commission chairperson or if the chairperson is absent or has been recused, the vice chairperson may as necessary call special meetings of the Commission. IV.C. Placing an Item on the General Meeting Agenda: Any person seeking to place an item on the Commission's agenda must file the relevant materials in the Commission Office prior to the general meeting during which that person desires the matter to be addressed. Materials filed less than thirty days in advance may result in the matter being placed on the agenda for the following general meeting, unless the Commission or the chairperson determines, for good cause shown, that the matter should be addressed at that month's general meeting. Amendments to the agenda may be made at any time. IV.D. Conduct of General Meetings: Six Commissioners constitute a quorum, and at least five Commissioners must vote in favor of a motion on a matter within the powers and duties of the Commission for that motion to pass mmission or the chairperson determines, for good cause shown, that the matter should be addressed at that month's general meeting. Amendments to the agenda may be made at any time. IV.D. Conduct of General Meetings: Six Commissioners constitute a quorum, and at least five Commissioners must vote in favor of a motion on a matter within the powers and duties of the Commission for that motion to pass. The chairperson will preside over general meetings. If the chairperson is absent or has been recused, the Vice Chair, or a presiding Commissioner will conduct general meetings. General meetings may proceed under Robert's Rules of Order, although the Commission typically acts on a more informal basis. Specific procedures for rulemaking proceedings and adjudicatory proceedings will be governed by the procedures set forth in Sections V. and VI. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 10 IV.D.1. The Commission may vote on Agenda items as part of a Consent Agenda. Adoption of a Consent Agenda allows the Commission to consolidate voting on agenda items that do not need to be discussed individually and for which presentation of additional information is not required. If any Commissioner or any member of the public believes that any item proposed for the Consent Agenda requires discussion that item may be removed from the consent agenda and handled as a regular agenda item at the same general meeting or at a subsequent general meeting. Items not removed may be adopted by unanimous consent without debate. IV.E. Planning: Among other agenda topics, the Commission may periodically set aside time on its agenda for general discussions regarding planning of Commission business or discussions of policy related to air quality. IV.F. Recording Proceedings: The Commission Office will record the proceedings of all general meetings. Copies of such recordings will be available to the public upon request at cost. IV.G lanning: Among other agenda topics, the Commission may periodically set aside time on its agenda for general discussions regarding planning of Commission business or discussions of policy related to air quality. IV.F. Recording Proceedings: The Commission Office will record the proceedings of all general meetings. Copies of such recordings will be available to the public upon request at cost. IV.G. Minutes: The Commission Office shall prepare the minutes of the general meeting, as promptly as possible, and mail them to the Commissioners for their comment, modification and approval. IV.H. Public Participation Encouraged: All general meetings are open to the public. The Commission strongly encourages public participation. The chairperson or presiding Commissioner will provide an opportunity at each general meeting for the Commission to accept public comments, and the public may be invited to participate at other appropriate times during the general meeting in the discretion of the chairperson or presiding Commissioner. Public participation and comment may be reasonably limited as the chairperson or presiding Commissioner deems necessary. The chairperson or presiding Commissioner will be responsible for the orderly conduct of the meeting. Members of the public appearing before the Commission are expected to present their views in a respectful manner and must refrain from abusive tactics and personal attacks. IV.I. Executive Session: The Commission may with respect to particular matters approved under the Colorado Open Meetings Law call for an executive session, upon affirmative vote of at least six Commissioners and announcement to the public of the topic for discussion during the executive session, where only the Commission, its counsel, appropriate staff (which includes the Technical Secretary/Administrator and Program Coordinator and, when appropriate, relevant Division personnel), and other pertinent or necessary persons may be present, pursuant to § 24-6-402(3), C.R.S. IV.J at least six Commissioners and announcement to the public of the topic for discussion during the executive session, where only the Commission, its counsel, appropriate staff (which includes the Technical Secretary/Administrator and Program Coordinator and, when appropriate, relevant Division personnel), and other pertinent or necessary persons may be present, pursuant to § 24-6-402(3), C.R.S. IV.J. Public Hearings: The Commission is authorized to hold public hearings that are conducted in compliance with the APA. Public hearings may include rulemaking hearings to adopt air quality standards and emission control regulations. Public hearings also include adjudicatory hearings, hearings on delayed compliance orders, and hearings on construction permits. Public hearings afford any interested person the opportunity to submit data, views, or arguments orally or in writing. The Commission may designate certain matters for which oral presentations are unnecessary as “Written Comment Only” hearings. Detailed information regarding each type of public hearing is addressed in these Procedural Rules. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 11 IV.K. Informal Hearings: Informal hearings are held in the discretion of the Commission to gather information or receive comment on a matter under preliminary consideration by the Commission or staff. They are typically held during the Commission's general meetings. Informal hearings generally do not require compliance with the APA and are therefore conducted as deemed appropriate by the Commission. Matters considered at informal hearings do not have binding regulatory or adjudicatory effect. See, Section V.B.2.a. of these regulations (regarding informal hearings for development of a proposed rule). IV.L. Statements of Policy and Interpretive Rules: The Commission may from time to time adopt statements of policy and interpretive rules to guide the work of the Commission and the implementation of its programs ed at informal hearings do not have binding regulatory or adjudicatory effect. See, Section V.B.2.a. of these regulations (regarding informal hearings for development of a proposed rule). IV.L. Statements of Policy and Interpretive Rules: The Commission may from time to time adopt statements of policy and interpretive rules to guide the work of the Commission and the implementation of its programs. Their adoption does not require compliance with the APA and therefore will be conducted as deemed appropriate by the Commission. IV.M. Approval of Plans, Reports and SIPs: The Commission periodically takes formal action on plans, reports, or SIPs, which in many cases does not involve rulemaking. The actions may vary from review and approval of reports to the state legislature, to formal promulgation of SIPs or approval of SIP reports. When the approval of regulations or revisions to regulations is involved, the Commission will follow the procedures provided in Section V. with respect to the rulemaking elements. With respect to any non-regulatory action or elements, the Commission will, to the extent appropriate, follow the procedures in Section V. This, however, shall not be construed to require the Commission to follow such procedures in any action that does not include rulemaking. The Commission’s written notice for any such actions will describe the specific requirements for participation applicable to parties and the Division, and, where appropriate, to the public. Prior to the hearing, the Hearing Officer may also provide a prehearing order that specifies other procedural requirements. Notwithstanding the foregoing, any plan, report, or other provision which is to become part of the Federally-enforceable SIP must be adopted by the Commission following a formal rulemaking hearing applicable to parties and the Division, and, where appropriate, to the public. Prior to the hearing, the Hearing Officer may also provide a prehearing order that specifies other procedural requirements. Notwithstanding the foregoing, any plan, report, or other provision which is to become part of the Federally-enforceable SIP must be adopted by the Commission following a formal rulemaking hearing. This requirement may be satisfied by adopting such plan, report, or provision during the course of a rulemaking hearing on an associated rule, or by publishing notice of the hearing on the plan, report, or provision in compliance with the notice requirements of §§ 24-4-103 and 25-7-110, C.R.S. This requirement does not require the promulgation and publication of a plan, report or other provision as a rule or regulation unless such plan, report or provision is a rule as that term is defined in § 24-4-102, C.R.S. IV.N. Review of Conformity Determinations IV.N.1. The Commission shall hold at least one public meeting to review non-routine conformity determinations on a transportation plan or transportation improvement program. In general, the Division will determine whether a Conformity Determination is routine per the definition in AQCC Regulation Number 10, Criteria for Analysis of Transportation Conformity. Such requirement for a public meeting also applies to a non-routine conformity determination for a Federal Highway Administration or Federal Transit Administration project or any regionally significant project funded with non-federal moneys located outside of a metropolitan planning area if any member of the review team established to consult on such conformity determination requests a review by the Commission. IV.N.2. The Commission shall provide written notice of the public meeting to the persons on the Commission mailing list maintained by the Commission Office. Such notice must be emailed at least thirty days prior to the public meeting. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission stablished to consult on such conformity determination requests a review by the Commission. IV.N.2. The Commission shall provide written notice of the public meeting to the persons on the Commission mailing list maintained by the Commission Office. Such notice must be emailed at least thirty days prior to the public meeting. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 12 IV.N.3. The entity making the conformity determination shall file via email the following documents with the Commission at least thirty days prior to the public meeting: IV.N.3.a. A statement summarizing the conformity finding and the key assumptions supporting the finding and any technical support documentation. IV.N.3.b. One copy each of the relevant Transportation Plan and Transportation Improvement Program. IV.N.4. At least fourteen days prior to the public meeting, the Division shall provide each Commissioner with a copy of its written comments, if any, on the conformity determination. This provision does not preclude the Division from making additional comments on the conformity determination at the public meeting. IV.N.5. The Commission may continue the public meeting to the next regularly scheduled Commission meeting, or to such other date requested by the entity making the conformity determination. IV.N.6. The entity with final authority to adopt a conformity determination is not required to do prior to the public meeting. If the conformity determination reviewed by the Commission is not final, or is otherwise subject to change prior to submittal to the Federal Highway Administration, the Commission may provide provisional concurrence, or continue the public meeting to review any changes to the conformity determination and any changes to the plan or program that materially affect the conformity determination, that occur after the public meeting. IV.N.7. The following procedures apply to any public meeting continued pursuant to Section IV.N.5. or IV.N.6.: IV.N.7.a dministration, the Commission may provide provisional concurrence, or continue the public meeting to review any changes to the conformity determination and any changes to the plan or program that materially affect the conformity determination, that occur after the public meeting. IV.N.7. The following procedures apply to any public meeting continued pursuant to Section IV.N.5. or IV.N.6.: IV.N.7.a. Testimony at the continued meeting may be limited to Commission comments and to changes to the conformity determination that have occurred since the public meeting on the proposed conformity determination. IV.N.7.b. Any change to the conformity determination following the public meeting must be filed with the Commission at least fourteen days prior to the continued meeting. The Metropolitan Planning Organization, or the Colorado Department of Transportation (CDOT), or any other organization responsible for making the conformity determination, shall file 15 copies of a description of the changes to the conformity determination, and to the key assumptions supporting the conformity determination, together with one copy of any revisions to the supporting documentation. Any changes filed less than fourteen days prior to the continued meeting may result in an additional continuation of the public meeting to the following month. IV.N.8. Nothing in this rule prevents the Division, the Metropolitan Planning Organization, (CDOT), or members of the Commission from briefing the Commission on upcoming conformity determinations. Any such briefings will be in addition to the public meetings required by this rule. V. PROCEDURES FOR RULEMAKING V.A. How a Rulemaking Proceeding Begins CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission rule prevents the Division, the Metropolitan Planning Organization, (CDOT), or members of the Commission from briefing the Commission on upcoming conformity determinations. Any such briefings will be in addition to the public meetings required by this rule. V. PROCEDURES FOR RULEMAKING V.A. How a Rulemaking Proceeding Begins CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 13 V.A.1. Commencement of Rulemaking: A rulemaking proceeding formally commences when the Commission approves a petition for rulemaking. A petition for rulemaking may originate from any member of the public or from the Division; the Commission may also request that staff prepare a petition for a specific matter. V.A.2. Members of the Public and Petitions for Rulemaking: Any member of the public may petition the Commission in writing to issue, amend, or repeal a rule. Such petition is open to public inspection and must fulfill the requirements of Section V.C. of this regulation, including those related to timing. Except as provided in Section V.F.13., action on such petition is within the discretion of the Commission; but, when the Commission undertakes rulemaking on any matter, all related petitions for the issuance, amendment or repeal of rules on such matter will be considered and acted upon in the same proceeding. V.A.3. Commission Schedule for Rulemakings: The Commission’s Commission Office maintains a long-term schedule for rulemakings and State Implementation Plan actions; the schedule is available on the Commission’s website. In limited circumstances, the Commission may grant a petitioner's request to deviate from the Commission’s schedule upon showing of good cause. V.B. Development of Proposals for Rules or Revisions The Commission strongly encourages thoughtful development of regulation text prior to it being proposed to the Commission in a formal petition for rulemaking ule is available on the Commission’s website. In limited circumstances, the Commission may grant a petitioner's request to deviate from the Commission’s schedule upon showing of good cause. V.B. Development of Proposals for Rules or Revisions The Commission strongly encourages thoughtful development of regulation text prior to it being proposed to the Commission in a formal petition for rulemaking. Engaging other interested persons, the Division, and any other relevant regulatory entities in the regulation development process makes the rulemaking process more efficient for the Commission and all persons involved. Failure to solicit and consider the positions of others may result in rulemakings having to be postponed, re-noticed, or vacated. V.B.1. By Members of the Public: Persons interested in proposing regulation text to the Commission are encouraged to contact other interested persons, the Division, and other relevant regulatory entities in developing the draft regulation text. Appropriate Division staff can be reached by contacting the Commission Office. Any person can request the Commission to announce and convene a work group pursuant to Section V.B.2.b., or a subcommittee pursuant to Section V.B.2.c., action upon which is in the discretion of the Commission. V.B.2. By the Commission or Staff V.B.2.a. Informal Hearings: Whenever the Commission contemplates rulemaking, public announcement of any informal pre-rulemaking proceedings, e.g., an informal hearing, may be made at such time and in such manner as the Commission or staff determines, and the public will be invited to submit views or otherwise participate informally in conferences with the Commission or staff on the proposals under consideration. It is in the discretion of the Commission to determine if and when such proceedings should occur. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission time and in such manner as the Commission or staff determines, and the public will be invited to submit views or otherwise participate informally in conferences with the Commission or staff on the proposals under consideration. It is in the discretion of the Commission to determine if and when such proceedings should occur. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 14 An announcement should be designed to encourage early and informal public participation regarding, for example: the consideration and design of the proposed rule; the process of deciding whether rulemaking should be pursued; and resolution of issues related to proposing a rule. Informal hearings conducted by the Commission are discussed in Section IV.J. Whenever time and resources permit, the Commission will provide for and encourage informal comment and discussion regarding potential rulemaking issues prior to commencement of the formal rulemaking process. V.B.2.b. Workgroups: A workgroup may be convened by staff at the direction of the Commission for the purpose of: producing either a consensus proposal or to develop a core proposal and potential alternatives. Commissioners generally do not participate in workgroups. Public announcement of any workgroup will be provided as deemed appropriate by the Commission or workgroup participants. At the end of any workgroup, any person, including the Division as staff, may proceed with formal action before the Commission. V.B.2.c. Subcommittees: The Commission may convene a subcommittee of Commissioners, and appoint a Commissioner to chair a subcommittee to evaluate any issue that may come before the Commission, including new regulatory requirements or revisions to existing regulations. A subcommittee consists of one or more Commissioners. Members of the public may participate to assist the Commission, but are not part of the subcommittee The Commission may convene a subcommittee of Commissioners, and appoint a Commissioner to chair a subcommittee to evaluate any issue that may come before the Commission, including new regulatory requirements or revisions to existing regulations. A subcommittee consists of one or more Commissioners. Members of the public may participate to assist the Commission, but are not part of the subcommittee. Subcommittees may identify issues that need to be resolved, consider the views of interested persons and entities, and propose regulatory language that addresses the issues of concern. Where possible, the subcommittee will reach consensus on regulatory text. A subcommittee’s recommendation is a proposal to generate discussion in an efficient and focused hearing before the full Commission; members of the subcommittee are not committed to the subcommittee's recommendation. Regulation text developed by the subcommittee generally will be proposed and presented in a petition by the Division as staff, although in some circumstances, if the subcommittee so directs, a subcommittee participant may propose and present the subcommittee text to the Commission. Members of the public and the Division may offer alternate proposals to those of the subcommittee. V.B.2.d. Staff: In order to solicit participation in the development of regulatory text prior to submitting a petition for rulemaking to the Commission, the Division may use whatever means are practical and efficient, including public workshops or staff-initiated workgroups. Such workshops or workgroups should be noticed where appropriate and should strive to include the general public. V.C. Petitions for Rulemaking V.C.1. General: Petitions for rulemaking shall be open to public inspection and must fulfill the requirements Section V.C. of this regulation. The Commission strongly encourages thoughtful and thorough preparation of petitions before they are submitted to the Commission Office. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission e general public. V.C. Petitions for Rulemaking V.C.1. General: Petitions for rulemaking shall be open to public inspection and must fulfill the requirements Section V.C. of this regulation. The Commission strongly encourages thoughtful and thorough preparation of petitions before they are submitted to the Commission Office. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 15 V.C.2. Timing: Except for emergency rules addressed in Section V.C.6. of this regulation, the complete petition must be filed by electronic mail pursuant to the provisions of Section III.J.2. If granted an exception to electronic filing pursuant to the provisions of Section III.J.3., the petitioner must submit an original and fifteen copies of a complete petition for rulemaking in the Office of the Air Quality Control Commission, Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, EDO-AQCC-A5, Denver, Colorado 80246. Petitions must be filed by the close of business thirty days prior to the scheduled general meeting of the Commission at which the petitioner desires to have the Commission hear the petition. Electronically mailed copies or copies covered under the exception of the provisions of Section III.J.3. must also be delivered by that time to the Assistant Attorneys General representing the Commission and the Division, and to the Director of the Division. Failure to comply with this requirement will generally result in the petition not being considered during the desired general meeting of the Commission, but being held over to the next general meeting of the Commission. In limited circumstances, the Commission may grant a petitioner's request to have a late petition heard upon showing of good cause. V.C.3. Contents of a Standard Petition: Petitioners are advised to contact the Commission Office when preparing their petition to discuss whether the petition is complete and addresses all requirements but being held over to the next general meeting of the Commission. In limited circumstances, the Commission may grant a petitioner's request to have a late petition heard upon showing of good cause. V.C.3. Contents of a Standard Petition: Petitioners are advised to contact the Commission Office when preparing their petition to discuss whether the petition is complete and addresses all requirements. The Commission Office may return any petition that does not address every requirement specified in this Section V.C.3., with a brief explanation of how the petition is deficient. Petitions that are returned by the Commission Office likely will not be considered by the Commission at the general meeting during which the petitioner desired to have the petition heard. Unless the rule proposal is subject to Section V.C.4. of this regulation, a complete petition for rulemaking must include the information required in this Section V.C.3.a., through V.C.3.k. V.C.3.a. Petition Cover Sheet Petitioners shall provide a cover sheet that: identifies the person(s) requesting the rulemaking (including the representative's name, address, electronic mail address, and telephone numbers); includes a statement describing the nature of the request; includes a statement broadly summarizing the issue to be addressed by the petition; includes a statement summarizing what, if any, policy, factual, and legal issues arise due to the proposal; and, includes a statement of the Commission's authority to promulgate the rule, citing specific relevant sections of the Act or other relevant statute. V.C.3.b. Memorandum of Notice: The Technical Secretary/Administrator, in cooperation with the petitioner, must prepare a Memorandum of Notice (MON) which includes the information required under § 25-7- 110.5(3), C.R.S. The Memorandum of Notice must also include an Initial Economic Impact Analysis as required by § 25-7-110.5(4) C.R.S specific relevant sections of the Act or other relevant statute. V.C.3.b. Memorandum of Notice: The Technical Secretary/Administrator, in cooperation with the petitioner, must prepare a Memorandum of Notice (MON) which includes the information required under § 25-7- 110.5(3), C.R.S. The Memorandum of Notice must also include an Initial Economic Impact Analysis as required by § 25-7-110.5(4) C.R.S. The petitioner may ask the Division for assistance to prepare the economic impact analysis, but, pursuant to § 25-7-110.5(4)(a) and (c), the petitioner must confer with the Division to determine what type or types of economic impact analysis are required. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 16 V.C.3.c. Proposed Regulation Text: Petitioners must also provide the Commission with the precise language of any proposed new regulations, or amendments to existing regulations. Proposed regulations or amendments to existing regulations must be presented in a form that the Commission can view in context, (i.e., track changes/redline or strikeout with small caps if track changes is not available), and the petitioner must precisely identify the sections of the Commission’s regulations that are affected by the proposed change. V.C.3.d. Range of Regulatory Alternatives: The Petitioner shall also provide a statement describing the range of regulatory options available to the Commission, including a no-action alternative. The statement should discuss those regulatory options that reasonably flow from or relate to the petitioner's proposal and relevant existing regulation(s). V.C.3.e. Statement regarding Federal Requirements: For any provision that is not required by federal statute or regulations, the Petitioner shall provide a brief statement that identifies the portion of the proposed rule that is not required by the federal act, and includes the explanation required by § 25-7-110.5(5)(b), C.R.S elate to the petitioner's proposal and relevant existing regulation(s). V.C.3.e. Statement regarding Federal Requirements: For any provision that is not required by federal statute or regulations, the Petitioner shall provide a brief statement that identifies the portion of the proposed rule that is not required by the federal act, and includes the explanation required by § 25-7-110.5(5)(b), C.R.S. The Petitioner must also, pursuant to §§ 25-7-105.1 and 133(3), state that any non-federally required provision is not an addition to or a revision of any SIP. This statement regarding federal requirements may also be used in the notice of rulemaking, and in the final Statement of Basis, Specific Statutory Authority, and Purpose. V.C.3.f. Draft Statement of Basis, Specific Statutory Authority, and Purpose: The Petitioner shall also provide a draft statement of the rule's basis, statutory authority, and purpose, which explains the Commission’s rationale for adopting a proposed rule or amendment. The statement must contain: V.C.3.f.(i) A general statement of the basis for the rules; V.C.3.f.(ii) The specific purposes of the rule (e.g., “to implement the provisions regarding ..., by requiring that ....” is a way to frame this required discussion). V.C.3.f.(iii) The specific statutory section(s) authorizing the rulemaking; V.C.3.f.(iv) For any provision that is not federally required, the statement described at V.C.3.e. V.C.3.f.(v) Pursuant to 25-7-110.8, C.R.S., the statement required when the Commission has no discretion under state law not to adopt the proposed rule or to adopt any alternative rule. V.C.3.f.(vi) For any rule or amendment which involves technological or scientific issues, the Petitioner must include an evaluation of the scientific or technological rationale justifying the proposal. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission uired when the Commission has no discretion under state law not to adopt the proposed rule or to adopt any alternative rule. V.C.3.f.(vi) For any rule or amendment which involves technological or scientific issues, the Petitioner must include an evaluation of the scientific or technological rationale justifying the proposal. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 17 V.C.3.g. Technical Support Documents: Any technical documents required by 40 CFR, Part 51 (July 1997, EPA) for any SIP submittal or otherwise prepared for submittal to EPA in support of such SIP submittal. Such technical documents shall be available electronically and for public inspection at the Commission Office, and at least one location in each portion of the State in which the relevant SIP will apply. V.C.3.h. Final Economic Analysis: The petitioner shall also prepare, in cooperation with the Division, a Final Economic Impact Analysis (EIA) pursuant to C.R.S. § 25-7-110.5(4). The EIA is due five working days prior to the prehearing conference. If no prehearing conference is held, the final economic analysis is due at least ten days prior to the date of the rule-making hearing. V.C.3.i. Identification of Affected SIPs: The Petitioner should identify which SIPs in the state, if any, are affected by the Commission’s adoption of the regulation. V.C.3.j. Other Information: Where appropriate, a statement providing any other concise background material that would help the public and the Commission to understand the impact of the proposed rule. V.C.3.k. Incorporation by Reference: A petitioner who seeks to incorporate any material by reference must comply with § 24-4- 103(12.5)(a)-(c), C.R.S. The petitioner must also provide one complete copy of any material to be incorporated by reference to the Commission Office, which will forward the incorporated material to the state publications depository and distribution center. V.C.4. Content of Particular Petitions: Some requirements for a petition in Section V.C.3 te any material by reference must comply with § 24-4- 103(12.5)(a)-(c), C.R.S. The petitioner must also provide one complete copy of any material to be incorporated by reference to the Commission Office, which will forward the incorporated material to the state publications depository and distribution center. V.C.4. Content of Particular Petitions: Some requirements for a petition in Section V.C.3. do not apply to rule proposals that: (1) adopt by reference applicable federal rules; (2) adopt prescriptive state statutory requirements where the Commission is allowed no significant policy-making options; or, (3) will have no regulatory impact on any person, facility, or activity. Petitions for these types of rule proposals must include all elements of a petition specified in Section V.C.3. However, these types of petitions need not include: V.C.4.a. Either the initial or final economic impact analysis required by § 25-7- 110(5)(3)(g) and (4), C.R.S. or, V.C.4.b. Statement regarding Federal Requirements: The statement describing the potential justification of terms exceeding or differing from federal requirements as required by § 25-7-110.5(5), C.R.S. or, V.C.4.c. Range of Regulatory Alternatives: The statement describing the range of regulatory alternatives, including the no-action alternative, is not required. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 18 V.C.5. Alternate proposals submitted at the same time that the petition is to be considered: Persons who submit an alternate proposal for consideration while the Commission is considering a petition for rulemaking, and who intend that the alternate proposal be considered with the original petition must comply with the timing requirements of Section V.C.2. and the requirements of Section V.C.3.a. through V.C.3.k., unless the alternate proposal is subject to the abbreviated requirements of Section V.C.4. A proponent of an alternative proposal must also prepare, in cooperation with the Division a Final Economic Analysis ntend that the alternate proposal be considered with the original petition must comply with the timing requirements of Section V.C.2. and the requirements of Section V.C.3.a. through V.C.3.k., unless the alternate proposal is subject to the abbreviated requirements of Section V.C.4. A proponent of an alternative proposal must also prepare, in cooperation with the Division a Final Economic Analysis. For an alternative proposal, a final economic analysis is due five working days prior to the prehearing conference. The Commission may consider alternative proposals and economic analyses that were not submitted prior to the prehearing conference, for good cause shown. V.C.6. Petition for an Emergency Rule V.C.6.a. Request and Petition: Any person including the Division may request the Commission to adopt a temporary or emergency rule without complying with the requirements of Section V.C. of this regulation and with less than sixty days’ notice (or, where circumstances imperatively require, with no notice). The Commission may adopt such a rule if it finds on the record that immediate adoption of the rule is: V.C.6.a.(i) imperatively necessary to comply with a state or federal law or federal regulation, or V.C.6.a.(ii) imperatively necessary for the preservation of public health, safety or welfare; and, V.C.6.a.(iii) compliance with the rulemaking procedural requirements of Section V.C. of this regulation (excluding this Section V.C.6.) would be contrary to the public interest adoption of the rule is: V.C.6.a.(i) imperatively necessary to comply with a state or federal law or federal regulation, or V.C.6.a.(ii) imperatively necessary for the preservation of public health, safety or welfare; and, V.C.6.a.(iii) compliance with the rulemaking procedural requirements of Section V.C. of this regulation (excluding this Section V.C.6.) would be contrary to the public interest. Unless the immediacy of the situation precludes any preparation, the person requesting a temporary or emergency rule shall prepare at least a brief petition that describes the issue at hand, provides the proposed rule text (i.e., track changes/redline or strikeout with small caps if track changes is not available), to include a statement of the reasons for the action (i.e., the need for the emergency action), and includes proposed findings of the basis for the Commission's action under V.C.6.a.(i) and V.C.6.a.(iii), or V.C.6.a.(ii) and V.C.6.a.(iii). This petition should be filed in the Commission Office at the earliest possible date. The Commission will endeavor to provide notice of the proposed emergency rule, as practicable. Any person may request that a regulatory analysis under § 24-4-103(4.5), C.R.S., be prepared and made available to the public five working days prior to the hearing, unless there is an imminent and serious hazard to health, welfare, or the environment. The request must be in writing and filed in the Commission Office at least fifteen days prior to the hearing at which a temporary or emergency rule is to be considered. § 24-4-103(4.5)(d), C.R.S. applies to any such regulatory analysis. V.C.6.b. Commission Requirements: The required findings in Section V.C.6.a., and a statement of the reasons for the action, will be published with any temporary or emergency rule adopted by the Commission in the Commission Office at least fifteen days prior to the hearing at which a temporary or emergency rule is to be considered. § 24-4-103(4.5)(d), C.R.S. applies to any such regulatory analysis. V.C.6.b. Commission Requirements: The required findings in Section V.C.6.a., and a statement of the reasons for the action, will be published with any temporary or emergency rule adopted by the Commission. A temporary or emergency rule is effective upon adoption or on such later date as is stated in the rule, will be published promptly, and will remain in effect for not more than 120 days or less from the date of adoption, (unless it is a special emergency rule adopted under Section V.C.6.c., or it is made permanent by compliance with this Section V.C. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 19 V.C.6.c. Special emergency rules for interim emissions control regulations: In addition to the general temporary or emergency rulemaking authority described in Section V.C.6.a., the Commission may conduct emergency rulemaking for the purpose of adopting an interim emission control regulation to apply for a specified period of time in place of an existing emission control regulation or to create an emission control regulation whenever federal regulations have been adopted and become effective pursuant to Section 111 of the federal act and which add to the list of categories of stationary sources, or add new or more restrictive standards of performance for new sources, or whenever federal regulations are adopted and effective pursuant to Section 112 of the federal act and which modify or adopt Maximum Achievable Control Technology or Generally Available Control Technology for new or existing sources, and such regulations are required to be implemented by the states. These emergency emission control regulations are effective upon adoption, unless a later date is specified in the rule, and will be effective for a period not exceeding twelve months from the date of adoption. V.C.7 or adopt Maximum Achievable Control Technology or Generally Available Control Technology for new or existing sources, and such regulations are required to be implemented by the states. These emergency emission control regulations are effective upon adoption, unless a later date is specified in the rule, and will be effective for a period not exceeding twelve months from the date of adoption. V.C.7. Petition for Written Comment Only Rule Written Comment Only hearings are not subject to standard prehearing procedures. Petitions for written comment only rulemaking shall be open for public inspection and must fulfill the requirements of this regulation. If the Commission grants such a petition, all interested persons are encouraged to provide their views in writing 14 business days prior to the hearing or as otherwise provided in the Notice of Hearing. No testimony or oral presentations will be taken at the hearing except for good cause shown. If the Commission determines that a prehearing process is necessary at the time of the hearing, the Commission must adopt a motion to re-notice the hearing. V.D. Notice V.D.1. Preparation: Upon receipt of a complete rulemaking petition, the Commission Office will prepare a draft notice of proposed rulemaking. Petitioners may consult with the Air Quality Control Commission regarding the description of the proposed rule in the notice. The Commission Office will provide the draft notice and the petition to the Commission. V.D.2. Publication requirement: Except for temporary or emergency rules under Section V.C.6. of this regulation, or rulemaking hearings exempt under § 24-4-103(1), C.R.S., or rulemaking hearings covered under Section V.F.13., each rulemaking hearing of the Commission shall be preceded by formal notice published in the Colorado Register and on the Commission’s website no less than sixty days prior to the hearing. V.D.3 quirement: Except for temporary or emergency rules under Section V.C.6. of this regulation, or rulemaking hearings exempt under § 24-4-103(1), C.R.S., or rulemaking hearings covered under Section V.F.13., each rulemaking hearing of the Commission shall be preceded by formal notice published in the Colorado Register and on the Commission’s website no less than sixty days prior to the hearing. V.D.3. Proposed Rulemaking Packet: At the time the official notice for a particular rulemaking is published, the Commission Office will provide to any member of the public upon request, either electronically, or in hard copy at cost, a copy of the Proposed Rulemaking Packet. (Note: a complete petition for rulemaking meeting the requirements of Section V.C.3. or V.C.4. if appropriate, constitutes the Proposed Rulemaking Packet.) V.D.4. Amended notices: CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 20 V.D.4.a. Minor Changes An amended notice with minor changes may be issued by the Commission at any time prior to the hearing without necessitating a continuance of the hearing date, provided the original notice is not substantially altered so that it would prejudice any person who might be interested in the proceedings. Amended notices with minor changes will be available on the Commission’s website. V.D.4.b. Substantial Changes If an amendment is substantial and would be prejudicial, the hearing date shall be continued to an appropriate date as determined by the Commission. Notice thereof shall be made in the same manner as the original notice and must be published in the Colorado Register, the newspaper, and on the Commission’s website consistent with the Colorado statutes. V.E. Prehearing Procedures V.E.1. General These prehearing procedures provide a process by which issues related to a proposed rule are raised and discussed, and, if they cannot be resolved prior to the prehearing conference, presented to the Commission for decision in an efficient manner in the Colorado Register, the newspaper, and on the Commission’s website consistent with the Colorado statutes. V.E. Prehearing Procedures V.E.1. General These prehearing procedures provide a process by which issues related to a proposed rule are raised and discussed, and, if they cannot be resolved prior to the prehearing conference, presented to the Commission for decision in an efficient manner. It is the strong desire of the Commission that the parties and the Division resolve as many issues as possible by negotiation prior to the prehearing conference. V.E.2. Selection of the Hearing Officer The Technical Secretary/Administrator requests that a Commissioner volunteer to serve as the Hearing Officer for the prehearing process and the rulemaking hearing. The Hearing Officer has the authority as discussed in Section V.E.4. V.E.3. Rights and obligations of parties, non-parties, and the Division. V.E.3.a. Parties: Persons granted party status have the right to make an individual presentation either orally or in writing, or both, during the rulemaking hearing, to make appropriate objections, and to cross-examine witnesses. Parties to the rulemaking must comply with the prehearing procedures, including any order of the Commission or the Hearing Officer. Failure to comply with the prehearing procedures or any order will generally result in loss of party status. V.E.3.b. Non-Parties: Persons who do not desire party status, but would like to participate in the rulemaking process, may make their views known to the Commission on any rulemaking by submitting comments in writing in advance of or at the hearing, and by speaking during the public comment period at any hearing. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission arty status. V.E.3.b. Non-Parties: Persons who do not desire party status, but would like to participate in the rulemaking process, may make their views known to the Commission on any rulemaking by submitting comments in writing in advance of or at the hearing, and by speaking during the public comment period at any hearing. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 21 V.E.3.c. Air Pollution Control Division: The Division acts as staff to the Commission in any rulemaking hearing, and typically is not a formal party. In fulfilling its role as staff, the Division may present evidence and testimony, provide background, summarize evidence and any matters settled before the hearing, make recommendations to the Commission and perform other duties as requested by the Commission. The Division or the Assistant Attorney General representing the Division may, as necessary to assist the Commission, make objections or cross-examine witnesses, in the discretion of the Commission. The Division may affirmatively request party status pursuant to the procedure in Section V.E.(3)(c). If the Division formally gains party status, it may continue to provide staff services to assist the Commission, as directed by the Commission or the Prehearing Officer. Whether the Division participates as staff, as a party, or both, it shall comply with prehearing procedures. V.E.4. Gaining Party Status: The requirements for gaining party status to any particular rulemaking typically are specified in the notice for that rulemaking. In order to be granted party status, the petitioner must comply with the requirements of this section. Where the notice of rulemaking specifies that a petition for party status is required, the petition shall be filed by electronic mail in compliance with Section III.J.2. unless an exception is granted under Section III.J.3 ular rulemaking typically are specified in the notice for that rulemaking. In order to be granted party status, the petitioner must comply with the requirements of this section. Where the notice of rulemaking specifies that a petition for party status is required, the petition shall be filed by electronic mail in compliance with Section III.J.2. unless an exception is granted under Section III.J.3. Electronically mailed copies must also be timely received by the Assistant Attorneys General representing the Commission and the Division, and by the Division staff person identified in the notice. If granted an exception to electronic filing pursuant to the provisions of Section III.J.3., the petitioner must complete filing for party status by submitting an original and three copies of the petition for party status in the Commission Office by the date specified in the notice. As may be modified by any notice for a rulemaking, the following entities will have party status in rulemaking proceedings before the Commission: V.E.4.a. The Petitioner: Any person petitioning for rulemaking under Section V.C. shall automatically be granted party status. V.E.4.b. The Proponent of an Alternate Proposal: Any person who proposes an alternative to a proposed rule or revision shall comply with the filing requirements of V.E.4. and provide an alternative rule or revision and any other documents required by V.C.3.a. through V.C.3.k. The required documents should be filed by the date specified in the notice for party status requests but not less than 20 days prior to the rulemaking hearing. However, the final economic analysis must be filed at least five working days prior to the rulemaking hearing. Any person may propose an alternative to a proposed rule or revision. However, alternate proposals will be considered by the Commission only if the subject matter of the alternative proposal is consistent with and fits within the scope of the notice for the particular rulemaking hearing . However, the final economic analysis must be filed at least five working days prior to the rulemaking hearing. Any person may propose an alternative to a proposed rule or revision. However, alternate proposals will be considered by the Commission only if the subject matter of the alternative proposal is consistent with and fits within the scope of the notice for the particular rulemaking hearing. By filing an alternative rule proposal within the specified time frame and fulfilling the necessary requirements for alternate proposals and other relevant prehearing requirements, a person automatically obtains party status. Failure to timely file required documents may cause delay or a continuance of the hearing. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 22 V.E.4.c. Any Other Person; Petitions for Party Status: Any person may seek party status by petitioning the Commission. Granting of party status under this Section V.E.4.c. is in the sole discretion of the Commission. The petition must be filed in the Commission Office as specified in the notice of rulemaking by electronic mail as required by Section III.J.2., and if not specified in the notice then in no event later than forty-five days before the rulemaking hearing. If granted an exception to electronic filing pursuant to the provisions of Section III.J.3., the petitioner must complete filing for party status by submitting an original and three copies of the petition in the Commission Office by the date specified in the notice. The petition for party status must: pecified in the notice then in no event later than forty-five days before the rulemaking hearing. If granted an exception to electronic filing pursuant to the provisions of Section III.J.3., the petitioner must complete filing for party status by submitting an original and three copies of the petition in the Commission Office by the date specified in the notice. The petition for party status must: (1) identify the applicant; (2) provide the name, address, electronic mail address, and telephone of the applicant or applicant's representative; and (3) briefly summarize what, if any, policy, factual, and legal issues the applicant has with the proposal(s) as of the time of filing the application. Copies of the petition for party status must also be filed by electronic mail as required by Section III.J.2. or copies covered under the exception of the provisions of Section III.J.3. and received by the Division staff person identified in the notice, and the Assistant Attorneys General representing the Commission and the Division, by the same day that it is due to be filed in the Commission Office. V.E.4.d. Late Party Status: The Commission may grant party status requests submitted fewer than forty-five days before the hearing on a particular rulemaking only upon written request and for good cause shown. Action on such is at the discretion of the Commission or the Prehearing Conference Officer. Any such request must be filed in the Commission Office at the earliest possible opportunity, and must also be received by each party of record, and the Division staff person identified in the notice, and the Assistant Attorneys General representing the Division and the Commission. Persons seeking party status by the act of proposing an alternative rule are subject to the time requirements provided in the notice or that are provided in Section V.E.4.b. V.E.5. Status Conference The Hearing Officer may require one or more status conferences with the Division and the parties to a rulemaking hearing nd the Assistant Attorneys General representing the Division and the Commission. Persons seeking party status by the act of proposing an alternative rule are subject to the time requirements provided in the notice or that are provided in Section V.E.4.b. V.E.5. Status Conference The Hearing Officer may require one or more status conferences with the Division and the parties to a rulemaking hearing. The Commission may, in the notice of rulemaking, make attending the status conference mandatory. Status conferences will typically be held prior to the prehearing conference, shortly after the close of the deadline for party status. The Hearing Officer will preside at the status conference. The goal of the status conference is to ascertain and discuss the issues involved in the rulemaking, and to ensure that the Division and the parties are making all necessary efforts to discuss and resolve all possible issues prior to the date that prehearing statements are due. It is the intent of the Commission that final positions on the issues in a rulemaking (including final alternate proposals) will be reflected in the prehearing statements for the prehearing conference, so that all necessary discussions and revisions to positions will take place before the prehearing statements are due. If it is apparent that the final positions of the parties and the Division are not reflected in the prehearing statement, i.e., if further discussions, revisions to positions, or alternate proposals are warranted at the time of the prehearing conference, the Hearing Officer may decide to continue the rulemaking hearing. The Hearing Officer may impose appropriate sanctions on any party that fails to attend a mandatory status conference. These sanctions may include limits on the issues that may be raised at the hearing, or the denial of party status. V.E.6. Prehearing Conference CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission e Hearing Officer may decide to continue the rulemaking hearing. The Hearing Officer may impose appropriate sanctions on any party that fails to attend a mandatory status conference. These sanctions may include limits on the issues that may be raised at the hearing, or the denial of party status. V.E.6. Prehearing Conference CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 23 V.E.6.a. Participation Mandatory: If the Commission determines that a prehearing conference is necessary, the Commission will specify in the notice of proposed rulemaking when a prehearing conference will be held. A duly appointed Commissioner will preside as Hearing Officer at the prehearing conference, and is authorized to issue procedural orders. All parties and the Division shall participate in the prehearing conference in person. A party may submit, in writing, a request to not participate in the hearing in person. For good cause shown, the Hearing Officer may grant the request. Failure to comply with the requirements of this section may result in denial of a party status application, dismissal of a party or limits on the issues that may be raised at the hearing. V.E.6.b. Goals of the Prehearing Conference and Authority of the Hearing Officer: The goals of the prehearing conference include: the identification of stipulations; the identification of contested matters and issues to be raised at the hearing; the disposal of motions; the identification of witnesses and exhibits to be presented by the parties, the Division, and other persons (where applicable); and, the formulation of a prehearing order for the rulemaking proceeding. The Hearing Officer will take action on petitions for party status at the prehearing conference. Such action is appealable to the Commission at the rulemaking hearing. The parties, the Division, or other persons should make known at the prehearing conference any objections to the procedures or evidence that may be used at the hearing formulation of a prehearing order for the rulemaking proceeding. The Hearing Officer will take action on petitions for party status at the prehearing conference. Such action is appealable to the Commission at the rulemaking hearing. The parties, the Division, or other persons should make known at the prehearing conference any objections to the procedures or evidence that may be used at the hearing. Prehearing motions are to be filed with the Commission Office by electronic mail or as otherwise provided in Section III.J.3. Copies are to be provided to the parties, the Division, the Assistant Attorneys General representing the Commission and the Division, and to any other person as required by the notice of proposed rulemaking. A prehearing order shall be prepared at the direction of the Hearing Officer based upon the prehearing conference. The order shall reflect any rulings made by the Hearing Officer with respect to procedures to be followed at the hearing, or any other matter. The order will specify the order of presentations and the time allotted for such presentations. The Hearing Officer may make any necessary or appropriate procedural rulings; any party may appeal such rulings to the Commission at its next meeting by filing a written appeal with the Commission Office (with copies provided simultaneously to all parties, the Division, and the Assistant Attorneys General representing the Division and the Commission) no later than five working days prior to the hearing. The Hearing Officer may also make procedural decisions outside the Prehearing Conference, reflected in an order, e.g., requiring attendance at status conferences, requiring written briefs on particular legal or factual issues, requiring intermediate informational presentations, or segmenting the rulemaking hearings for the benefit of the Commission. V.E.6.c five working days prior to the hearing. The Hearing Officer may also make procedural decisions outside the Prehearing Conference, reflected in an order, e.g., requiring attendance at status conferences, requiring written briefs on particular legal or factual issues, requiring intermediate informational presentations, or segmenting the rulemaking hearings for the benefit of the Commission. V.E.6.c. Prehearing Statements: Seven days prior to any prehearing conference, or at such other time as may be specified in the notice of proposed rulemaking, each party, the Division, and each applicant for party status shall file by electronic mail as required by Section III.J.2. a prehearing statement in the Commission Office, and shall provide the prehearing statement to every other party, applicant for party status, the Assistant Attorneys General representing the Commission and Division, and the Division staff person for the proceedings, by electronic mail, by midnight that same day. If granted an exception to electronic filing pursuant to the provisions of Section III.J.3., the applicant for party status shall, by close of business that same day, file an original and fifteen copies of the prehearing statement in the Commission Office, and shall also deliver copies to each other party, applicant for party status, the Assistant Attorneys General representing the Commission and Division, and the Division staff person for the proceedings, as provided by the exception granted under Section III.J.3. The prehearing statement must contain: CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission the Commission Office, and shall also deliver copies to each other party, applicant for party status, the Assistant Attorneys General representing the Commission and Division, and the Division staff person for the proceedings, as provided by the exception granted under Section III.J.3. The prehearing statement must contain: CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 24 V.E.6.c.(i) A cover document that summarizes in layperson's terms, the Division's or the party's general position and the contents of the prehearing statement. The summary must also summarize any voluminous exhibits and provide a reasonable estimate of the time necessary for presentation, and V.E.6.c.(ii) A prehearing statement that explains the factual and legal issues that arise from the rulemaking proposal, and what position is being taken on each such issue. Briefs discussing legal issues are encouraged, and may be required by the Hearing Officer, and V.E.6.c.(iii) A list of the issues to be resolved by the Commission during the hearing. V.E.6.c.(iv) A copy of each exhibit to be introduced at the hearing. V.E.6.c.(iv)(A) Any exhibit to be introduced at the hearing shall be included with the prehearing statement and will be sent to the individual Commissioners for review prior to the hearing V.E.6.c.(iv)(B) Where the nature of an exhibit is such that providing an electronic mailed copy or fifteen paper copies would be unduly burdensome, the prehearing statement shall describe the exhibit, indicate what evidence is reflected in the exhibit, and indicate that the exhibit shall be available for inspection with the Technical Secretary/Administrator in the Offices of the Commission, at the discretion of the Prehearing Conference Officer. Any such exhibit shall also be available for inspection at the prehearing conference and at the hearing rehearing statement shall describe the exhibit, indicate what evidence is reflected in the exhibit, and indicate that the exhibit shall be available for inspection with the Technical Secretary/Administrator in the Offices of the Commission, at the discretion of the Prehearing Conference Officer. Any such exhibit shall also be available for inspection at the prehearing conference and at the hearing. Such exhibit will not be mailed to the Commissioners prior to the hearing, but shall become part of the record of the hearing absent an objection that is sustained by the Prehearing Conference Officer or the Commission. V.E.6.c.(v) A list of witnesses to be called and a brief description of their testimony, including where applicable, what exhibits they will discuss or rely upon; any witnesses not listed in the prehearing statement will be prohibited from testifying unless the Hearing Officer approves the witness upon a request and for good cause shown. V.E.6.c.(vi) All written testimony to be offered into evidence at the hearing. (Note: The Commission encourages, and in some instances may require, witness testimony to be provided in writing). V.E.6.c.(vii) Where applicable, the text of any alternate proposed rule or revision in the format specified in Section V.C.3.b. V.E.6.c.(viii) If an alternate proposed rule or revision is offered, a brief narrative statement identifying what elements of the alternate proposed rule are not specifically required by provisions of the federal Clean Air Act or are otherwise more stringent than the requirements of the Clean Air Act pursuant to §§ 25-7-105.1,110,5(1)(d) and -133(3), C.R.S. This statement may also be used in the final statement of basis and purpose pursuant to V.C.3.h. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission alternate proposed rule are not specifically required by provisions of the federal Clean Air Act or are otherwise more stringent than the requirements of the Clean Air Act pursuant to §§ 25-7-105.1,110,5(1)(d) and -133(3), C.R.S. This statement may also be used in the final statement of basis and purpose pursuant to V.C.3.h. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 25 V.E.6.c.(ix) The Final Economic Impact Analysis required for the proposed rule, or the Final Economic Impact Analysis for any alternate proposal developed in cooperation with the Division that meets the requirements of § 25-7-110.5(4)(a) and (c), C.R.S. If the Final Economic Impact Analysis is the same as the Initial Economic Impact Analysis (submitted pursuant to sections V.C.3.c. or V.C.5.), an affirmative written statement to that effect must be submitted to satisfy this Section V.E.6.c.(ix). Economic impact analyses for alternate proposals may, if feasible and appropriate, evaluate the incremental impact over that already estimated for the original petition proposal. V.E.6.d. Rebuttal Statements & Late Filings: The Hearing Officer may provide a reasonable period of time following the prehearing conference for the filing of electronic mailed or written rebuttal statements which may include identification of rebuttal witnesses, rebuttal testimony, and exhibits. Rebuttal statements are limited to topics raised in the prehearing statements of the parties or the Division, and are not to raise new issues or arguments. Rebuttal statements will include an executive summary document consistent with Section V.E.4.c.(i) of this regulation. The statement must be filed by electronic mail in compliance with the requirements of Section III.J.2 estimony, and exhibits. Rebuttal statements are limited to topics raised in the prehearing statements of the parties or the Division, and are not to raise new issues or arguments. Rebuttal statements will include an executive summary document consistent with Section V.E.4.c.(i) of this regulation. The statement must be filed by electronic mail in compliance with the requirements of Section III.J.2. in the Commission Office within five working days after the prehearing conference unless otherwise provided in the notice of proposed rulemaking or directed by the Prehearing Officer; and copies shall also be delivered by electronic mail to each party, to the Assistant Attorneys General for the Commission and Division, and to the Division staff person for the proceeding by midnight of that same day. If granted an exception to electronic filing pursuant to the provisions of Section III.J.3., the original and fifteen copies of the rebuttal statement must be filed in the Commission Office within five working days after the prehearing conference unless otherwise provided in the notice of proposed rulemaking or directed by the Hearing Officer. Copies must also be provided to each party, (the Assistant Attorneys General representing the Commission and Division, and the Division staff person for the proceedings, by electronic mail as provided in Section III.J.2., or as provided in the exception granted under Section III.J.3. by close of business that same day. Except for such rebuttal, the Commission will not accept any witnesses, documentation or exhibits submitted by any party or the Division after the prehearing conference (i.e., “late filings”), except for good cause shown, at the discretion of the Hearing Officer. V.E.6.e. Additional Conferences: Where scheduling allows and it appears that an additional conference would be useful, the Hearing Officer may schedule an additional status conference prior to the hearing. V.E.7 umentation or exhibits submitted by any party or the Division after the prehearing conference (i.e., “late filings”), except for good cause shown, at the discretion of the Hearing Officer. V.E.6.e. Additional Conferences: Where scheduling allows and it appears that an additional conference would be useful, the Hearing Officer may schedule an additional status conference prior to the hearing. V.E.7. Final Economic Impact Analyses: If no prehearing conference is held, the Final Economic Impact Analysis required for the proposed rule, pursuant to and meeting the requirements of § 25-7-110.5(4)(c), C.R.S., must be filed in the Commission Office, by electronic mail in compliance with the requirements of Section III.J.2. or as otherwise provided in the exception granted under Section III.J.3. at least ten working days before the rulemaking hearing. If the Final Economic Impact Analysis is the same as the Initial Economic Impact Analysis (submitted pursuant to Sections V.C.3.c. or V.C.5.), an affirmative written statement to that effect must be submitted to satisfy this Section V.E.7. Economic impact analyses for alternate proposals may, if feasible and appropriate, evaluate the incremental impact over that already estimated for the original petition proposal. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 26 V.E.8. Alternate Proposals Offered After the Prehearing Conference: Except as provided in Sections V.E.8.a. through V.E.8.c., the Hearing Officer will not accept an alternative proposal by a party after the prehearing conference. However, the parties are encouraged to develop consensus positions, and to narrow the issues in contention based upon discussions during or after the prehearing conference and prior to a final Commission action in the proceeding, provided the Commission and the parties have a reasonable opportunity to evaluate such alternative proposals ernative proposal by a party after the prehearing conference. However, the parties are encouraged to develop consensus positions, and to narrow the issues in contention based upon discussions during or after the prehearing conference and prior to a final Commission action in the proceeding, provided the Commission and the parties have a reasonable opportunity to evaluate such alternative proposals. The following requirements are to guide the Commission in its considerations of such alternative proposed rule text prior to taking final action in the proceeding: V.E.8.a. The Commission or the Hearing Officer may grant leave to submit such alternate proposed rule text for good cause shown. In granting or denying such leave, the Commission or the Hearing Officer will consider the timing of the proposal and the hearing, the complexity of the issues, and whether the parties and the Division are or expect to be in agreement on such alternate proposed rule text., V.E.8.b. Such alternate proposed rule text must be accompanied by a Final Economic Impact Analysis, developed in cooperation with the Division, pursuant to and meeting the requirements of § 25-7-110.5(4)(c), C.R.S. Economic impact analyses for alternate proposals may evaluate the incremental impact over that already estimated for the original petition proposal, if feasible and appropriate; and V.E.8.c. Such alternate proposed rule text and Final Economic Impact Analysis must be delivered by electronic mail, as provided in Section III.J.2., or as otherwise provided in the exception granted under Section III.J.3., to all parties, the Division staff person for the proceeding, and the Assistant Attorneys General for the Commission and the Division, within the time set by the Hearing Officer or the Commission rnate proposed rule text and Final Economic Impact Analysis must be delivered by electronic mail, as provided in Section III.J.2., or as otherwise provided in the exception granted under Section III.J.3., to all parties, the Division staff person for the proceeding, and the Assistant Attorneys General for the Commission and the Division, within the time set by the Hearing Officer or the Commission. If granted an exception to electronic filing pursuant to the provisions of Section III.J.3., an original and fifteen copies of such alternate proposed rule text and Final Economic Impact Analysis must be delivered in the Commission Office, to all parties, the Assistant Attorneys General representing the Commission and Division, and the Division staff person for the proceedings. V.E.9. Motions: The Commission or the Hearing Officer may require that parties, the Division, or other person’s file by electronic mail in compliance with Section III.J.2., or otherwise, in compliance with Section III.J.3., in advance of the hearing, all motions or requests for rulings that they intend to make with respect to the proposed rulemaking. Filings that must be made prior to the hearing include motions regarding procedures, the scope and nature of the proceedings, or any other matter that requires a determination prior to final agency action based on the record, or any matter that may reasonably be disposed of prior to receiving testimony or other evidence. V.E.10. Discovery: The Commission or the Hearing Officer may on their own motion, or upon the motion of staff, or any interested person or a party for good cause shown, take depositions or have depositions taken. Other forms of discovery may be allowed by the Commission or the Hearing Officer on their own motion, or where staff, any person or a party is granted leave to conduct such discovery for good cause shown. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission he motion of staff, or any interested person or a party for good cause shown, take depositions or have depositions taken. Other forms of discovery may be allowed by the Commission or the Hearing Officer on their own motion, or where staff, any person or a party is granted leave to conduct such discovery for good cause shown. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 27 V.E.11. Subpoenas: The Commission or the Hearing Officer shall issue subpoenas without discrimination between public and private persons or parties. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the proponent of the subpoena may petition the Commission to use its authorities provided in § 24-4-103(14), C.R.S. A witness shall be entitled to the fees and mileage provided for a witness in §§ 13-33-102 and -103, C.R.S. V.E.12. Ex Parte Communications: Ex parte communications are permissible if agreeable to the Commissioner(s) involved, but such information, if to be considered or relied upon in final decision-making, will be made part of the record by the Commission). Once the rulemaking record is closed, new information will only be presented to the entire Commission upon approval of a request to reopen the Commission record. Ex parte communication with individual Commissioners should not occur subsequent to the close of the rulemaking record and before the Commission takes final action. If ex parte communications do occur in that time frame, that fact will be disclosed to the full Commission, and the Commission may reopen the record to allow the parties, the Division, and the public an opportunity to respond to the substance of the ex parte communication. V.E.13. Regulatory Analysis: Upon a written request filed in the Commission Office at least fifteen days prior to the hearing on a proposed rule, the Commission, or its staff, shall prepare a regulatory analysis of the proposed rule pursuant to § 24-4-103(4.5), C.R.S record to allow the parties, the Division, and the public an opportunity to respond to the substance of the ex parte communication. V.E.13. Regulatory Analysis: Upon a written request filed in the Commission Office at least fifteen days prior to the hearing on a proposed rule, the Commission, or its staff, shall prepare a regulatory analysis of the proposed rule pursuant to § 24-4-103(4.5), C.R.S. The analysis will address the topics reflected in § 24-4- 103(4.5)(a)(I) - (VI), C.R.S., will include quantification of the data to the extent practicable, and will take account of both short-term and long-term consequences. The regulatory analysis will be available for inspection in the Commission Office at least five days prior to the hearing on the proposed rulemaking and can be made available electronically upon request. Note: the petitioner for a proposed rule is encouraged to supply information with the petition or prehearing statement which could provide the basis for a regulatory analysis V.E.14. Continuing Hearings: Except for hearings governed by Section V.F.13., upon motion by a party for good cause shown, or by its own motion, the Commission or the Hearing Officer may cancel, or continue any rulemaking hearing to a later date, as deemed necessary and appropriate. For continuances, the new hearing date, time and place may be announced by an amended notice pursuant to Section V.D.6. or by a statement at the time and place of the initial noticed hearing. Cancellations may be announced by issuing a notice to that effect on the Commission’s website or by announcement at the time and place of the noticed hearing. The Hearing Officer may also continue a rulemaking hearing by order based upon a written request and for good cause shown, or when the officer deems it appropriate. The Commission will generally continue a hearing one time only; the hearing will be rescheduled for the next Commission meeting or at the convenience of the Commission te or by announcement at the time and place of the noticed hearing. The Hearing Officer may also continue a rulemaking hearing by order based upon a written request and for good cause shown, or when the officer deems it appropriate. The Commission will generally continue a hearing one time only; the hearing will be rescheduled for the next Commission meeting or at the convenience of the Commission. If requested to continue a rulemaking hearing a second time, the Commission may vacate the hearing and re-notice it for a later date pursuant to Section V.D. and in compliance with the Colorado Administrative Procedures Act, § 24-4-103(4)(d). V.F. Conduct of Rulemaking Hearings CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 28 V.F.1. Public Participation Encouraged: The Commission shall hold a public hearing before promulgating any rule or regulation. The Commission encourages the public to participate in rulemaking hearings by commenting on proposed rules or alternate proposals. The Commission will generally afford any person an opportunity to submit data, views or arguments orally at the hearing, but, where appropriate, the Commission may require that such data, views or arguments be submitted in writing in advance of or at the rulemaking hearing as reflected in the notice of proposed rulemaking or by order of the Commission. The Commission will generally set aside a portion of the rulemaking hearing to hear public comment and testimony from those persons who are not a party to the rulemaking. The presiding Commissioner may limit oral testimony at a hearing. Organized groups are urged to identify one spokesperson. Speakers are asked to be as concise as possible, and to avoid repeating comments made by others. Members of the public may submit written materials to the Commission at the rulemaking hearing ublic comment and testimony from those persons who are not a party to the rulemaking. The presiding Commissioner may limit oral testimony at a hearing. Organized groups are urged to identify one spokesperson. Speakers are asked to be as concise as possible, and to avoid repeating comments made by others. Members of the public may submit written materials to the Commission at the rulemaking hearing. If members of the public would like the Commission to review written material prior to the rulemaking hearing, such documents must be filed in the Commission Office in sufficient time to be included in the monthly meeting packets for the Commission (generally three weeks prior to the noticed rulemaking hearing), or as otherwise specified in the notice of proposed rulemaking hearing. The Commission may provide parties or the Division an opportunity to rebut oral testimony or documents submitted by the public during a rulemaking hearing and may provide time as reasonably necessary for such rebuttal. V.F.2. Hearings to be Conducted by the Commission: The Commission shall Conduct all Rulemaking Hearings. V.F.3. Order of Presentation: The prehearing order issued by the Hearing Officer following the prehearing conference generally will specify the order of presentations before the Commission and the time allotted for each presentation. Subject to the terms of the prehearing order, rulemaking hearings generally will involve: V.F.3.a. Opening the hearing and disposing of any procedural issues not resolved by the Hearing Officer, e.g., prehearing motions, remaining party status issues, late filings. The Commission at this time should determine whether any apparent, potential, or actual conflicts of interest exist as described in Section X. of these rules. V.F.3.b. Presentation by the Division describing the background and basis for the proposed rule or other matters specified in the prehearing order and at the discretion of the Commission, presentation of comments offered by staff for the benefit of the Commission time should determine whether any apparent, potential, or actual conflicts of interest exist as described in Section X. of these rules. V.F.3.b. Presentation by the Division describing the background and basis for the proposed rule or other matters specified in the prehearing order and at the discretion of the Commission, presentation of comments offered by staff for the benefit of the Commission. This introductory presentation may at the discretion of the Commission, be provided by a party proposing the rule. V.F.3.c. Public comment on the proposed rule; the prehearing order or the presiding Commissioner may specify when and how public comment may be taken during the proceeding. V.F.3.d. Presentations by parties and other interested persons as specified in the prehearing order. V.F.3.e. Rebuttal or closing statements as may be provided for in the prehearing order, or in the discretion of the presiding Commissioner or the Commission. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 29 V.F.4. Role of the Division: The Division shall act as staff to the Commission in any rulemaking hearing. In fulfilling its role as staff, the Division may present evidence, provide background information, make proposals or alternate proposals, summarize evidence and any matters settled before the hearing, make recommendations to the Commission; make objections or cross-examine witnesses, and provide other support as necessary to assist the Commission. The Division may affirmatively request party status pursuant to the procedure in Section V.E.3. If the Division has formally gained party status, it may continue to provide staff services to assist the Commission, as directed by the Commission or the Hearing Officer. V.F.5. Witness Presentations: Oaths or affirmations may be required of persons who make statements at rulemaking hearings. The Commission encourages the general public and party witnesses to make plain, brief and simple statements of their positions ormally gained party status, it may continue to provide staff services to assist the Commission, as directed by the Commission or the Hearing Officer. V.F.5. Witness Presentations: Oaths or affirmations may be required of persons who make statements at rulemaking hearings. The Commission encourages the general public and party witnesses to make plain, brief and simple statements of their positions. Where submittal of written testimony is required prior to the hearing pursuant to the notice of proposed rulemaking or the prehearing order, only an oral summary of that testimony should be provided at the hearing. When not explicitly required, the Commission encourages filing of written testimony prior to the hearing in accordance with the prehearing procedures in Section V.E.5.c.(vi) (for parties, the Division, or other persons), or V.F.1. (for the general public). V.F.6. Cross-Examination and Objections: Where the Commission allows participation as a party, a party may make objections, and all witnesses are subject to cross-examination by or on behalf of persons who have party status. In all hearings, witnesses are subject to cross-examination by or on behalf of the Commission, and the Commission may allow its staff and/or legal counsel for the Commission, or Division staff and/or legal counsel for the Division to conduct cross-examination. Any witness whose oral and/or written testimony a party wishes to have as part of the record shall be available for cross- examination at the rulemaking hearing. Where lengthy cross-examination would use undue time, the presiding Commissioner may require each party to estimate the amount of time necessary for cross-examination; to promote an efficient and focused hearing, the presiding Commissioner may limit each party's time for cross-examination. V.F.7 shes to have as part of the record shall be available for cross- examination at the rulemaking hearing. Where lengthy cross-examination would use undue time, the presiding Commissioner may require each party to estimate the amount of time necessary for cross-examination; to promote an efficient and focused hearing, the presiding Commissioner may limit each party's time for cross-examination. V.F.7. Other Authority: In conducting any rulemaking hearing, the Commission is authorized to: administer oaths and affirmations; sign and issue subpoenas; regulate the course of the hearing, set the time and place for continued hearings, fix the time for filing of documents; take depositions or have depositions taken; issue appropriate orders which shall control the subsequent course of the proceedings and take any other action authorized by agency rule consistent with the Act and the APA. These actions can be directed by the Commission, the presiding Commissioner, or, where appropriate, the Hearing Officer. V.F.8. Summation of Facts and Law: The Commission, after the receipt of evidence, may allow or require staff, parties, or other persons to present oral or written summations of the facts and the law, either at the hearing or subsequent thereto. CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 30 V.F.9. Final Action: In adopting any rule or regulation the Commission shall consider all submissions. The rules and regulations promulgated will be based upon the record, which will consist of proposed rules and alternate proposals, evidence, exhibits, testimony, prehearing submittals, and other matters presented or considered, matters officially noticed, rulings on exceptions, any proposed findings of fact and conclusions of law, and any written comments or briefs filed. Deliberations of the Commission are open to the public, and do not constitute part of the rulemaking record. The rules or regulations will be consistent with the subject matter as set forth in the notice of proposed rulemaking s presented or considered, matters officially noticed, rulings on exceptions, any proposed findings of fact and conclusions of law, and any written comments or briefs filed. Deliberations of the Commission are open to the public, and do not constitute part of the rulemaking record. The rules or regulations will be consistent with the subject matter as set forth in the notice of proposed rulemaking. The Commission may designate a subcommittee of Commissioners to assist with deliberations. If the Commission will deliberate at some time other than immediately after the close of the record for that particular hearing, appropriate notice will be given to the parties and to any other person requesting such notice. If a proposed final rule tentatively approved by the Commission differs substantially from the original noticed proposal or any alternate proposals, the Commission may, at the request of any person, or party, or on its own motion, make the proposed final rule available for additional comment prior to taking final action. After consideration of the relevant matter presented, the Commission shall adopt simultaneously with the rules or revision a statement of basis, specific statutory authority, and purpose pursuant to § 24-4- 103(4)(c), C.R.S. V.F.10. Filing with Secretary of State: Each rule adopted by the Commission, together with the statement of basis and purpose and the Attorney General's opinion rendered in connection with the rule, will be filed with the Secretary of State for publication in the Colorado register within twenty days after adoption. V.F.11. Publication and Effective Date: Except for temporary or emergency rules, a rule shall become effective twenty days after publication as described in this section, or on such later date as is stated in the rule. Once a rule becomes effective, the rulemaking process shall be deemed to have become final agency action for purposes of judicial review register within twenty days after adoption. V.F.11. Publication and Effective Date: Except for temporary or emergency rules, a rule shall become effective twenty days after publication as described in this section, or on such later date as is stated in the rule. Once a rule becomes effective, the rulemaking process shall be deemed to have become final agency action for purposes of judicial review. Publication of an adopted rule shall be by electronic publication of the Colorado Register pursuant to § 24-4-103(11)(g), C.R.S. V.F.12. Maintaining Rules: The Commission maintains copies of its currently effective rules, which are available for inspection by any person during regular office hours and can be made available electronically upon request. VI. PROCEDURES FOR ADJUDICATIONS VI.A. Scope This section applies to all adjudicatory hearings conducted before the Commission including, for example, appeals of Division compliance orders and noncompliance penalty determinations, challenges of Division denials of proposed permits or of permit terms and conditions for construction permits and operating permits, and applications for declaratory orders. This section may also apply to requests for site-specific revisions of the state implementation plan. VI.B. Initiating an Adjudicatory Hearing CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 31 VI.B.1. Jurisdiction of the Commission and Timing of the Appeal: All requests for adjudicatory hearings must be timely filed within the deadlines established by the applicable statutory requirements and in the manner required by these regulations. Requests not made within statutory deadlines are outside the jurisdiction of the Commission and will be denied. The Commission may conduct a limited evidentiary hearing to resolve any disputed issues of fact in order to determine whether a request was timely filed. VI.B.2. Filing and Serving the Hearing Request: Hearing requests shall be timely filed in the Commission Office by these regulations. Requests not made within statutory deadlines are outside the jurisdiction of the Commission and will be denied. The Commission may conduct a limited evidentiary hearing to resolve any disputed issues of fact in order to determine whether a request was timely filed. VI.B.2. Filing and Serving the Hearing Request: Hearing requests shall be timely filed in the Commission Office. The request shall also be served upon the Division, and the First Assistant Attorney General. Hearing requests must be filed electronically, pursuant to Section III.J.2., or otherwise, if an exception to electronic filing is granted pursuant to Section III.J.3. VI.B.3. Contents of the Hearing Request: All requests for adjudicatory hearings must contain the following information: VI.B.3.a. Name of the person(s) requesting the hearing, including address and telephone number; VI.B.3.b. Brief statement of background and relevant facts; VI.B.3.c. The legal and factual errors alleged by the person requesting the hearing; VI.B.3.d. The statutory, regulatory, and/or permit-based citations supporting the request for hearing; VI.B.3.e. The relief requested by the person requesting the hearing; VI.B.3.f. A copy of any Division compliance order, noncompliance penalty determination or permit which is the subject of the request; VI.B.3.g. A statement identifying the date of receipt of the compliance order, date of issuance of the noncompliance penalty determination, or date of publication of public notice for a permit; VI.B.3.h. An estimate of the time that will be required for the hearing; VI.B.3.i. A statement as to whether the 90-day hearing timeframe set forth in Section VI.B.4.a. is waived; and VI.B.3.j. A certificate of service, confirming that proper filing and service has been made in accordance with Section VI.B.2. VI.B.4. Setting the Hearing: CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission estimate of the time that will be required for the hearing; VI.B.3.i. A statement as to whether the 90-day hearing timeframe set forth in Section VI.B.4.a. is waived; and VI.B.3.j. A certificate of service, confirming that proper filing and service has been made in accordance with Section VI.B.2. VI.B.4. Setting the Hearing: CODE OF COLORADO REGULATIONS 5 CCR 1001-1 Air Quality Control Commission 32 VI.B.4.a. The Commission office will include a request for adjudicatory hearing on the Commission’s agenda for the next meeting following receipt of a complete request. The Commission will grant a properly filed request and will set a time and date for the hearing, which shall be within ninety days of receipt of the request if the hearing relates to a Division compliance order, a declaratory order, or to a permit appeal by the permit applicant (unless the ninety-day timeframe is waived by the person requesting the hearing). VI.B.4.b. Once appointed, the Hearing Officer may continue the hearing upon written motion by any party or for the convenience of the Commission. VI.B.4.c. At the meeting of the Commission following receipt of the request, the Commission will determine whether the request for adjudicatory hearing presents only questions of law or whether there are disputed issues of fact. If the request presents only a question of law, the Commission or Hearing Officer may issue a briefing schedule in accordance with CRCP 56, with the party requesting the hearing as movant, but permitting the Division sur-reply (the scope of sur-reply shall be limited to issues raised in the reply). In this case, the provisions of Sections VI.C and VI.D. may not apply (except that Sections VI.C.1, VI.C.4, VI.C.6, VI.C.12-13, and VI.D.8 will apply), and oral argument may be permitted at the hearing (no witnesses or cross-examination). VI.B.5. Notice of the Hearing: VI.B.5.a. All formal adjudicatory hearings of the Commission shall be preceded by written notice thereof in accordance with the requirements of this section. VI.B.5.b ions VI.C and VI.D. may not apply (except that Sections VI.C.1, VI.C.4, VI.C.6, VI.C.12-13, and VI.D.8 will apply), and oral argument may be permitted at the hearing (no witnesses or cross-examination). VI.B.5. Notice of the Hearing: VI.B.5.a. All formal adjudicatory hearings of the Commission shall be preceded by written notice thereof in accordance with the requirements of this section. VI.B.5.b. The hearing notice will contain (i) the time, date, place, and general subject matter of the hearing to be held, (ii) the time, date, place, and general purpose of the prehearing conference, and (iii) pertinent filing deadlines. The notice may also contain special procedures or requirements, including requirements for written testimony, which the Commission or Hearing Officer deems appropriate for a particular matter. The Commission or the Hearing Officer may amend the notice, without continuing the hearing date, at any time prior to the hearing as long as the change does not alter the original notice to the substantial prejudice of any party or the public. [Text truncated at 120,000 characters. The full text is on the page linked above.] ## Nearby sections - [5 CCR 1001-1 PROCEDURAL RULES](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_5_CCR_1001_1.md) - [5 CCR 1001-10 REGULATION NUMBER 8 CONTROL OF HAZARDOUS AIR POLLUTANTS](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_5_CCR_1001_10.md) - [5 CCR 1001-11 REGULATION NUMBER 9 OPEN BURNING, PRESCRIBED FIRE, AND PERMITTING](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_5_CCR_1001_11.md) - [5 CCR 1001-12 REGULATION NUMBER 10 CRITERIA FOR ANALYSIS OF CONFORMITY](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_5_CCR_1001_12.md) - [5 CCR 1001-14 AIR QUALITY STANDARDS, DESIGNATIONS AND EMISSION BUDGETS](https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_5_CCR_1001_14.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_CCR_5_CCR_1001_1. Check the current official text before relying on it. Not legal advice.