NOTICE OF PUBLIC RULEMAKING HEARING
BEFORE THE 
COLORADO AIR QUALITY CONTROL COMMISSION

Regarding proposed revisions to:
Regulation Number 7
EMISSIONS OF VOLATILE ORGANIC COMPOUNDS

SUBJECT:
The Air Quality Control Commission will hold a public rulemaking hearing to consider a proposal by the Division to revise Regulation Number 7 to address the increased emissions of volatile organic compounds and oxides of nitrogen from oil and gas exploration and production activities in the nine county deferred ozone nonattainment area.  The Division will also propose a revision to the rule to require emission controls for oil and gas operations on a statewide basis.  

FEDERAL REQUIREMENTS:
The federal act does not require the Commission to make any of the rule revisions that are the subject of this Notice of Public Rulemaking Hearing.

A proposed Statement of Basis, Specific Statutory Authority, and Purpose and a regulatory analysis (if one has been requested) will be available for inspection no later than five (5) days prior to the hearing.  The proposed language for the rule revision is attached to and made a part of this notice.

HEARING SCHEDULE:
DATE:		November 16 & 17, 2006
TIME:		9:00 AM
PLACE	Colorado Department of Public Health & Environment
		4300 Cherry Creek Drive South, Sabin Room  
		Denver, CO  80246

The hearing may be continued at such places and time as the Commission may announce.

The Commission shall deliberate upon the evidence; testimony and written submissions presented at this hearing, as well as any related matters properly submitted before the hearing record is closed.

PUBLIC COMMENT:
The Commission encourages all interested persons to provide their views either orally at the hearing or in writing prior to or at the hearing.  The Commission especially solicits comments and analyses from persons who will incur directly some cost or benefit from the proposed revisions.  Public testimony will be taken as close to the start of the hearing as possible and during the hearing as necessary.  Written submissions prior to the hearing are requested to allow review prior to presentation at the hearing. Written submissions should be mailed to the Commission Office at least 14 days prior to the hearing.
 
PARTY STATUS:
In order to obtain party status at the hearing, compliance with several requirements as defined in the Commissions Procedural Rules is necessary.  An original and three (3) copies of a written petition for party status must be filed with the Office of the Air Quality Control Commission no later than 5:00 p.m. September 21, 2006.  The petition must: 1) identify the applicant; 2) provide the name, address, and telephone and facsimile numbers of the applicants 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 received, by this same date, by the Division staff person and the Assistant Attorneys General representing the Division and the Commission identified below. 

Individuals may also obtain party status through the submittal of an initial alternative rule to the proposed rule.  The submittal of an alternative proposal must be accompanied by twenty (20) copies of the initial alternative proposed rule and all other associated documents as required by the Commission’s procedural rules and must be filed with the Office of the Commission by the date specified for party status requests.  Initial alternative rules must also be filed with the Division staff person and with each of the Assistant Attorneys General.

Air Quality Control Commission		Air Pollution Control Division
Theresa L. Martin				Garry Kaufman
EDO-AQCC-A5				APCD-B1
4300 Cherry Creek Drive South		4300 Cherry Creek Drive South
Denver, CO 80246				Denver, CO 80246

Steve Brown					Will Allison
Attorney for the Commission			Attorney for the Division
Attorney General’s Office			Attorney General’s Office
1525 Sherman St., 5th Floor			1525 Sherman St., 5th Floor
Denver, CO 80203				Denver, CO 80203

Requests received beyond the above stated deadline shall only be considered upon a written motion for good cause shown.  The Commission reserves the right to deny party status to anyone that does not comply with the Commission’s procedural rules.

STATUS CONFERENCE:
A status conference will be held September 28, 2006, at 9:30 pm, at the Department of Public Health and to ascertain and discuss the issues involved, and to ensure that parties are making all necessary efforts to discuss and resolve such issues prior to the submission of prehearing statements.  Attendance at this status conference is mandatory for anyone who has requested party status.

PREHEARING CONFERENCE/PREHEARING STATEMENTS:
Attendance at the prehearing conference is mandatory for all parties to this hearing.  A prehearing conference will be held October 18, 2006 at 9:30 pm. in the Commission Offices at 4300 Cherry Creek Drive South, Denver.  All parties must submit an original and Twenty (20) copies of a preliminary prehearing statement to the Commission Office by 5:00 p.m., October 11, 2006.  In addition, copies of these documents must be mailed or hand-delivered by that date to all persons who have requested party status.  A copy of the prehearing statement must also be delivered to the Division point of contact and each of the Assistant Attorney’s General identified above by 5:00 p.m. October 11, 2006.  Any revisions to the prehearing statement must be submitted with an original and twenty (20) copies to the Administrator of the Commission at the prehearing conference.  Any exhibit included in the prehearing statements will be mailed to individual Commissioners for review prior to the hearing, provided the party files twenty (20) copies of such exhibit.  Rebuttals to the prehearing statement may be submitted to the Commission office and all other parties by 5:00 p.m., October 26, 2006.

STATUTORY AUTHORITY FOR THE COMMISSION'S ACTIONS:
The specific statutory authority for these revisions is set forth in Section, 25-7-105(1)(a), C.R.S., which gives the Air Quality Control Commission authority to promulgate rules and regulations necessary for the proper implementation of a comprehensive state implementation plan which will assure attainment of national ambient air quality standards. Additional authority for these revisions is set forth in Sections, 25-7-106 and 25-7-109, which allow the Commission to promulgate emission control regulations and recordkeeping requirements applicable to air pollution sources.  Specifically, Section 25-7-106(1)(c) authorizes the commission to adopt emission control regulations that are applicable to specified areas within the state.  Section 25-7-109(1)(a) authorizes the commission to adopt emission control regulations.  Section 25-7-109(3)(b) authorizes the commission to adopt emission control regulations for the storage and transfer of petroleum products and any other volatile organic compounds.  The rulemaking hearing will be conducted in accordance with sections 24-4-103 and 25-7-110, C.R.S., as amended, the Procedural Rules of the Commission and as otherwise stated in this notice.  This list of statutory authority is not intended as an exhaustive list of the Commission’s statutory authority to act in this matter.

Dated this _____day of _______________ at Denver, Colorado

							Colorado Air Quality Control Commission

														__________________________________
							Douglas A. Lempke, Administrator