AGO 86-15.

• Case Date: October 22, 1986
• Court: Colorado

Colorado Attorney General Opinions 1986. AGO 86-15. October 22, 1986Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 86-15 AG Alpha No. HL CC AGAPQ Thomas M. Vernon, M.D. Executive Director Colorado Department of Health 4210 East 11th Avenue Denver, Colorado 80220 RE: Air Quality Control Commission's authority to adopt fuel regulationsDear Dr. Vernon: I am writing in response to your request for a formal legal opinion regarding the Air Quality Control Commission's authority to adopt a regulation requiring the use of oxygenated fuels in Colorado. QUESTION PRESENTED AND CONCLUSION Does the Air Quality Control Commission have the authority to adopt a regulation requiring the use of oxygenated fuels in Colorado? Yes, the Air Quality Control Commission (the Commission) has the authority to adopt a regulation requiring the use of oxygenated fuel in Colorado. ANALYSIS Colorado has enacted the Colorado Air Quality Act, sections 25-7-101 through 25-7-505, C.R.S. (1982 and 1986 Supp.), which has as one of its main objectives "to attain and maintain the national ambient air quality standards, ..." (section 25-7-102, C.R.S. (1982)). This Act provides the underlying statutory authority for Colorado's federally approved State Implementation Plan (SIP). The Environmental Protection Agency's (EPA) approval of Colorado's SIP, 40 C.F.R. 52.323,(fn1) enables the state rather than the EPA to enforce statutes and regulations directed at the state's attaining compliance with national standards for certain air pollutants, including carbon monoxide. Since Denver and most major population centers in Colorado are in non-attainment areas under the Clean Air Act, 42 U.S.C. secs. 7401-7642 (1970), ("the Federal Act") for carbon monoxide, the adoption of rules regarding a method to help attain compliance as to carbon monoxide would foster the objectives set forth in the legislative declaration. It is my understanding that the use of oxygenated fuels such as Gasohol, Oxinol, Methanol, and MTBE would result in lower carbon monoxide emissions. While the general objectives contained in section 25-7-102 do not provide specific guidance as to what types of pollution prevention and abatement rules might be adopted, the statutory duties and authority of the Commission which are set forth in...