department of public health and environment
Air Quality Control Commission
Regulation no. 3
stationary source permitting and air pollutant emission notice requirements
5 CCR 1001-5
PART A	CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND PERMITTING
VI.D.	Fee Schedule 
VI.D.1.	Annual and permit processing fees shall be charged in accordance with and in the amounts and limits specified in the provisions of Colorado Revised Statutes section 25-7-114.7.  Annual fees for regulated pollutants shall be $17.97.  Annual fees for hazardous air pollutants shall be $119.96.
I.MM.	October 18, 2007	Statement of Basis, Specific Statutory Authority and Purpose Revisions to Regulation No. 3, Part A, Section VI.D.1.
This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the Colorado Administrative Procedure Act Sections 24-4-103(4), C.R.S. for new and revised regulations.
Basis
The Air Quality Control Commission has adopted revisions to Part A, Section VI.D.1. in order to increase the annual emission fees charged to air pollution sources in Colorado commencing in 2007.  The revised fees are at the statutory limit set by Section 25-7-114.7, C.R.S.  The increase is necessary to address decreasing fee revenues used to fund existing programs.   These revisions are concurrent with other recent fee adjustments to ensure appropriate funding for the program. 
Specific Statutory Authority
The specific statutory authority for these revisions is set forth in Sections 25-7-114.7 of the Colorado Air Pollution Prevention and Control Act (“Act”), which allows the Commission to set annual emission fees for regulated and hazardous air pollutants.  
Purpose
The revisions to Part A, Section VI.D.1. were adopted to cover anticipated revenue shortfalls and fund requested additional FTE that will be used to address the Division’s permitting backlog and the increased workload arising from the rapid growth of oil and gas sources in Colorado.   
COLORADO AIR QUALITY CONTROL COMMISSION
ADOPTED:  October 18, 2007