Colorado Revised Statutes

Colo. Rev. Stat. § 25-7-108 (2026)

Commission to promulgate ambient air quality standards

✓ current as of July 2026

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(1) In addition to the other powers and duties enumerated in this article, the commission shall have the power to adopt, promulgate, amend, and modify such standards for the quality of ambient air as may be appropriate or necessary to carry out the purposes of this article, including, but not limited to:

(a) Standards which describe the maximum concentrations of specifically described pollutants that can be tolerated, consistent with the protection of the good health of the public at large; such standards may differ for different parts of the state as may be necessitated by variations in altitude, topography, climate, or meteorology;

(b) Standards which describe the air quality goals that are to be achieved by control programs within specified periods of time; such standards may be either statewide or restricted to specified control areas; and

(2) Ambient air standards shall include such requirements for test methods and procedures as will assure that the samples of ambient air tested are representative of the ambient air.

(3) Notwithstanding any provision of this article to the contrary, no provision of this article shall preclude the commission from adopting ambient air quality standards which are more stringent than the national ambient air quality standards.

(4) Ambient standards may only be implemented and enforced through permit terms and conditions or regulations promulgated to meet requirements for state implementation plans.

Source: L. 79: Entire article R&RE, p. 1024, § 1, effective June 20. L. 92: (4) added, p. 1177, § 11, effective July 1.

Notes of Decisions

Cited in 5 cases, 1976–2003 · leading case: Lloyd A. Fry Roofing Co. v. State of Colorado Dep't of Health Air Pollution Variance Bd., 553 P.2d 800 (Colo. 1976).

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Lloyd A. Fry Roofing Co. v. State of Colorado Dep't of Health Air Pollution Variance Bd., 553 P.2d 800 (Colo. 1976). · cites it 6× “1963, 66-31-8 [now section 25-7-108, C.R.S.1973]. [9] The inspectors were "certified" to evaluate the opacity of smoke at a state sponsored smoke reading school.”

Colorado-Ute Elec. Ass'n v. Air Pollution Control Comm'n of the Colorado Dep't of Health, 648 P.2d 150 (Colo. Ct. App. 1982). · cites it 8× “" (emphasis added) Integral to the development of that program is the development and attainment of ambient air standards, § 25-7-108, C.R.S.1973, to ensure the goals of the statute, which include the "achieve[ment of] the maximum practical degree of air purity in every portion…”

Alabama Power Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency, Sierra Club, Intervenors., 636 F.2d 323 (D.C. Cir. 1980). “Health and Safety Code § 41701 (West); Colo.Rev.Stat. § 25-7-108, and Regulation No.”

CF & I Steel, L.P. v. Air Pollution Control Div., 77 P.3d 933 (Colo. Ct. App. 2003). · cites it 3× “The court ruled that: (1) approximately 760 pages of documents constitute "emission data," within the meaning of § 25-7-108(11.5), C.R.S.2002, and must be disclosed to the Union; (2) documents listed in Exhibit A of the order must be disclosed because RMSM agreed that they were…”

Env't Def. Fund, Inc. v. Colorado Dep't of Health, 731 P.2d 773 (Colo. Ct. App. 1986). · cites it 2× “Nothing in the state statute or its legislative history indicates that the Category 1 areas are to be given better air protection than Class I areas, which would be the case if we affirm the trial court’s construction of § 25-7-201, et seq.”

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