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House Bill (HB) 20-1265 was introduced to create a new air toxics program in Colorado. Introduced on February 3, 2020, it is uncertain how this bill will move forward, but the current key components of the bill include regulating hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, benzene, and other hazardous air pollutants that would be specified by the Air Quality Control Commission (AQCC) as “covered toxics” with the following components:

  • Regulate covered air toxics more stringently than federal requirements;
  • Require “covered” facilities to monitor emissions of the “covered” air toxics;
  • Set health-based emission limits if no such limits exist under state or federal law;
  • Establish a community alert system for unauthorized emissions of an air pollutant from a covered facility.

A covered facility is defined as a facility that emits emissions of one of the covered toxics over an emissions threshold that would be set by the AQCC. For continuing developments on this bill, follow the legislative process. HB20-1265 is a hearing item at the March 9, 2020 House Energy & Environment meeting.

This bill as currently drafted, has the potential for significant impacts on facilities in Colorado, requiring more stringent requirements beyond the federal Clean Air Act, and providing the authority for the AQCC to add additional “covered” pollutants. For additional information or questions, please call Trinity's Denver office at (720) 638-7647, ext. 103.