Office of Sen.

Mike Johnston
Colorado General Assembly | 200 E. Colfax Avenue | Denver, CO 80203 | 303.866.4864

FACT SHEET MEMORANDUM

SB 12-132 Timely Issuance of Environmental Control Permits Sen. Grantham & Rep. Becker Staff Name: Travis Gardner What the Bill Does: Under current law, the Division of Administration of the Department of Public Health and Environment1 is required to approve or disapprove renewable air quality permits within eighteen months following the receipt of a complete application.2 However, a phased schedule may be established for acting upon applications that have received a deferral.3 A complete permit application operates as a defense to any enforcement action for operating without a permit for the period the application is being reviewed until a final determination is made regarding the application.4 Currently, there is not a statutory timeline requirement for the Water Quality Control Commission to approve or deny a permit for the discharge of pollutants into any state water.5 SB 12-132 amends the timeline requirements for the issuance of air quality permits. Renewable air quality operating permits must be approved or denied within twelve months of receipt of a complete application. Similarly, SB 12-132 adds a timeline requirement to current law requiring the Water Quality Control Commission to approve or deny a permit application for the discharge of pollutants within twelve months after the application is completed. A failure to do so will constitute a final agency action for the purposes of judicial review, at which point a party may challenge the agencys failure to act in court. Colorado Context: Currently, the Division allows for 135 days to process air quality construction permits if a public comment period is required.6 If no public comment is required, applications are processed in 90 days.7 However, Colorado has seen an increase in applications and has 1,800 pending applications for oil and

1 2

See C.R.S. 25-7-103(9). C.R.S. 25-7-114.5(4). 3 Id. 4 Id. 5 See C.R.S. 25-8-501. 6 Colorado Department of Public Health and Environment, Air Emissions Construction Permit Homepage, http://www.cdphe.state.co.us/ap/conperm.html. 7 Id.

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.

gas projects, with some applications pending for a year before the Division begins processing them.8 Applicants are charged a fee of $76.45 per hour for the processing of permit applications.9 Upon receipt of an application, the Water Quality Control Division must review applications within 45 days and inform the applicant that the application is complete within 90 days.10 If public comments are required the Division must close the period after 30 days, unless a public hearing is required, which requires a 60 day period.11 If the permit has not been approved or denied within 180 days following receipt of the application, the Division must issue a temporary permit, unless the period is waived or extended.12 National Context: In California, new source permits must be issued within 180 days.13 Missouri requires new source permits to be issued within 184 days, which includes both the public comment period and public hearing.14 In Wisconsin, applications for water discharge permits must be approved or denied within 50 business days following a hearing process and consideration of the environmental impact.15 Bill Provisions: Requires the Division or Commission to approve or disapprove applications for renewable operating permits within twelve months after receipt of a complete application. Requires the Division or Commission to grant or deny a pollutant discharge permit within twelve months of receiving a completed application. Fiscal Impact: No fiscal notice for SB 12-132 is available at this time.

Anne Imse, Colorado Has Backlog of 1,800 Air Pollution Permits for Oil and Gas, Colorado Public News, http://www.cpt12.org/news/index.php/colorado-has-backlog-of-1800-air-pollution-permits-for-oil-and-gas/. 9 Colorado Department of Public Health and Environment, Title V Permit Program, http://www.cdphe.state.co.us/ap/titlev.html. 10 Colorado Department of Public Health Water Quality Control Commission, Colorado Discharge Permit System Regulations 61.5(1), available at http://www.cdphe.state.co.us/regulations/wqccregs/index.html. 11 Id. at 61.5(2). 12 Id. at 61.6. 13 Environmental Protection Agency, Air Permits Frequently Asked Questions, http://www.epa.gov/region9/air/permit/pmfaq.html. 14 Missouri Department of Natural Resources, Environmental Permits and How to Obtain Them, page 13, available at https://docs.google.com/viewer?a=v&q=cache:OCHI2fsmbaQJ:dnr.mo.gov/pubs/pub98.pdf+average+time+to+rec eive+air+quality+permit&hl=en&gl=us&pid=bl&srcid=ADGEESjKF0j2YVyDGFhLGleuKvyhIiWIbHWhnQgHVCIIq1XPBNDP0ji6XulWUjVHqJ6hUPyoHlwpGMGEsWzvDx_q1biV13tYgV_QuSUHz58j4Sjbtk1YCCyY Lfi4hCNNUZMOVtb1nEO&sig=AHIEtbTBm0Ev4cNTrDZxqqhvztKFf_sc2g. 15 Wisconsin Administrative Code N.R. 200.10.

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For a complete list of fact sheets, visit www.mikejohnston.org/in-the-legislature.