Overview
The Colorado Environmental Justice Act required the Air Quality Control Commission to establish a fee for greenhouse gas emissions. Establishing the fee involved two rulemakings:
- Greenhouse gas Air Pollutant Emissions Notice reporting. This is complete as of December 2022.
- Greenhouse gas fee. This is complete as of February 2024.
Greenhouse gas fee rule
In February 2024, the Air Quality Control Commission adopted a rule to establish fees for greenhouse gas emissions. The greenhouse gas fee rule is intended to fund the Air Pollution Control Division’s ongoing work to address climate change.
The fees apply to Colorado’s largest greenhouse gas emitters. Covered emitters are those that release more than 25,000 metric tons of greenhouse gas pollution per year.
The division evaluated the greenhouse gas fees based on carbon dioxide equivalent. Covered greenhouse gasses include:
- Carbon dioxide.
- Methane.
- Nitrous oxide.
- Hydrofluorocarbons.
- Perfluorocarbons.
- Sulfur hexafluoride.
- Nitrogen trifluoride.
The final rule language (Regulation 3) is published in the public register and available on the Air Quality Control Commission’s regulations website.
Greenhouse gas Air Pollutant Emissions Notice reporting rule
The Air Quality Control Commission adopted greenhouse gas Air Pollutant Emissions Notice, or APEN, reporting requirements in December 2022. The rule involved changes to Colorado Regulation 3, which can be viewed on the commission's website.
The rule added greenhouse gas emissions to the list of air pollutants that must be reported through APEN requirements. This established the necessary structure for the greenhouse gas fee rulemaking.