Colorado Code § 25-7-1204

Regulatory assurances
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(1) Except as provided in this section and in
section 25-7-1205, the owner or operator of a stationary source or group of stationary sources
who enters into a voluntary agreement pursuant to section 25-7-1203 shall be granted the
regulatory assurances provided in this section. For the assurance period set forth in the voluntary
agreement, not to exceed fifteen years, a stationary source or group of stationary sources subject
to the voluntary agreement shall not be required to install additional pollution control equipment
or implement additional pollution control strategies to reduce emissions of the air pollutant
subject to the emission limitations contained in the voluntary agreement in order to comply with:
(a) State regulatory requirements that are based exclusively on state authority and that,
either directly or indirectly, necessitate reductions in the air pollutant subject to the voluntary
agreement; or
(b) Federal regulatory requirements that:
(I) Either directly or indirectly necessitate reductions in emissions of the air pollutant
subject to the voluntary agreement;
(II) Establish generally applicable goals for the reductions of ambient concentrations of
the air pollutant subject to the voluntary agreement or its chemical products; and
(III) Do not establish requirements that apply specifically to the stationary source or
group of stationary sources.
(2) Notwithstanding subsection (1) of this section, the owner or operator of the
stationary source or group of stationary sources may be required to comply with federal
regulatory requirements if:
(a) The owner or operator has agreed in writing to abide by the requirements; or
(b) The commission promulgates the requirements in regulations that first require all
other sources, including mobile sources, of the air pollutant within the affected region within
Colorado to implement all available cost-effective measures to reduce emissions of the air
pollutant. Such regulations, including the requirements contained therein applicable to the
stationary source or group of stationary sources subject to the voluntary agreement, shall not
apply to any stationary source or group of stationary sources unless and until the general
assembly acts to postpone the expiration of the regulations in accordance with section 24-4-103,
C.R.S.

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