Community engagement: Shaping air regulations and rulemakings | Colorado Department of Public Health and Environment

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Background

The Air Pollution Control Division presents regulations, permits, guidance documents, and other updates to Colorado communities that protect public health and improve air quality. These efforts are designed to keep the public informed and provide an opportunity for feedback and questions. This page offers tools, opportunities, and strategies to help you engage meaningfully with the division’s work.

Regulation development process

The division can develop and implement state regulations, also known as rules, to:

Reduce air pollution.
Better understand air pollution.
Address climate change.
Protect public health.

The division connects with potential impacted individuals and groups throughout the development of air quality regulations. This includes asking for feedback and input from:

Scientists, policy experts, and researchers.
Academics.
Community-based organizations.
Community members.
Community leaders, faith-based organizations, and others.
Industry and other private-sector entities.
Local, state, federal, and Tribal governments.
Nonprofit organizations.

Understanding how the division develops regulation proposals can help you stay informed, follow key milestones, and provide timely and effective input. The process of developing air quality regulations is extensive and often spans many months. Once the division decides to present a regulation proposal, it provides multiple opportunities for public engagement, including through public meetings, public comment periods, technical panels, and steering committees.

Step 1

The division identifies an air quality issue, and the regulation development process begins.

The identification of an issue may start in one or more of the following ways:

The state legislature requires a new regulation or an update to an existing regulation in response to a newly passed state law.
Federal law may change, requiring updates to state regulations.
'The division identifies a problem that needs to be solved, such as an existing regulation that needs adjustment to enable effective enforcement.
The need for regulatory changes to adapt to advancements in technology.
Petition or recommendation that the division change or add to a regulation from the community, organizations, or agencies.

Step 2

The division evaluates the issue and explores possible solutions.

Division staff determine the extent of the problem and present possible options for resolving it. These possible options are evaluated, and the impacts of each associated option are weighed.
People or groups outside the division that the regulation may affect are consulted to help the division refine possible options and discuss other ideas that might work better.
The division may form a technical working group or steering committee to convene community experts in consultation with the regulation development.

Step 3

The division drafts a proposed regulation.

Step 4

The draft policy is shared with the community for public input.

Public input is a critical component of the regulation development process.
The division takes community input, suggestions, and feedback seriously in its final determination of a regulation that will be proposed to the Air Quality Control Commission.
The division hosts public meetings to seek community suggestions and feedback on the draft proposal.
- At these meetings, the division’s experts share detailed information about the draft regulation.
- A major portion of the meetings is reserved for community members to ask questions and share thoughts, and provide feedback.
The division welcomes requests for targeted sessions with potentially impacted groups that focus on the detailed requirements and implementation concerns of a proposal. These sessions are usually held for organizations, community groups, or companies.
The division invites written comments during open public comment periods for community members to share more detailed recommendations and feedback.
If you are interested in providing input for a specific regulation, refer to the Public participation opportunities page for the latest upcoming meetings and open public comment periods.
You can also sign up for the air division email lists to receive announcements about meetings and comment periods about specific topics of interest.

Step 5

The public’s feedback and comments help division staff revise the draft regulation.

Step 6

The division makes a request to the commission to hold a rulemaking hearing.

A rulemaking hearing is an official, public process that the commission conducts to decide whether to approve or update an air quality regulation. The public can participate in the commission's rulemaking process. These roles are defined in the commission's Procedural Rules and explained in plain language in the Rulemaking Process Guidebook.

After a request for a rulemaking hearing is made, the proposed regulation is shared with the public for review.
The public will have opportunities to give further input to the division.
To share your input during a commission hearing, visit the commission’s public participation and hearing guidance page.
At the end of this process, the Commission holds a hearing to consider the final proposed regulation.

Step 7

The division is responsible for enforcing the regulation.

If the commission approves a proposed regulation, it is reviewed by the Colorado Attorney General and then filed with the Colorado Secretary of State. The division is responsible for administering and enforcing the regulation after the specified effective date.

Air quality 101 library

The air quality 101 library presentations are intended to support the public’s understanding of topics frequently discussed in regulations and public meetings. This library is an entry-level introduction to specific air quality topics.

10 tips for making effective public comment

These tips can be helpful for both written and verbal public comments. We acknowledge that not everyone has the time, resources, and expertise to apply each of the tips below. Our team values and considers every comment we receive, even in instances where the division may be limited in the changes it can make. The tips below help ensure any comments you provide are most effective and meaningful. When you provide helpful comments, we can use the information to inform decisions and protect clean air.

Effective public comments

1. Read before you write or speak. Familiarize yourself with the scope of the issue and review background information related to the particular issue you would like to provide a comment on. Jot down what you hope to see and any major concerns you have.

2. Start your comment with your specific request(s) or feedback. Are you trying to start, stop, or delay a particular action? Correct possible errors or data gaps? Ensure a decision is in line with your organization’s policies or the community’s needs? Support or oppose a rulemaking? Think through your key requests and state your opinion or requested action up front to help us best understand your position.

3. Make sure we can act on your comment. We accept all comments. However, we can only make changes that are in line with the division’s scope and legal authorities. The changes must also be applicable to the proposal's specific requirements. For example, the division does not have the authority to grant exceptions to state or federal regulations. Please focus on the information that we can act on. ]

4. Be specific. Identify the distinct parts you think should be changed or the parts you support. We encourage you to suggest specific wording changes. If you think we missed something in the analysis or in a certain section, explain what additional information or concepts you'd like us to include. Provide concrete examples of your concern, either real or hypothetical, where you can.

5. Offer creative solutions. If you think a concern or challenge can be better addressed in a different way, let us know! We welcome your suggestions on how we can solve a problem. Alternative ideas can help strengthen our actions.

6. Keep your comments clear and concise. Try to include only what must be said to accomplish your purpose. Avoid repeating your points. Consider using headings and subheadings to separate your points. If you have more than one major concern, consider opening your comments with a summary section and outlining them before you give details.

7. Be careful using form letters or mass email. Before you use any pre-drafted comment letter, review it to see if it follows these tips for effective comments. If it doesn't, write your own. The comment process is not a vote, and it’s important to note that mass emails may get caught in a spam filter. A single, well-supported comment may carry more weight than a thousand comments that say the same thing without supporting evidence.

8. State why this topic or issue matters to you. Do you live in a community that will be directly impacted by this decision or proposal? Share your connection to the topic or issue, your lived experience, personal background, and unique insights. This could include disproportionate pollution impacts in a community that you or people you know have experienced. It may help us better understand the challenges and opportunities related to this decision and the factors we should take into account.

9. Share relevant data. Are you aware of a study or article directly related to this topic? Cite or share that information in your comment. We strive to incorporate the best available science and information in our decisions.

10. Stay connected. Explore additional opportunities to provide feedback throughout the regulation, permit, or guidance document development process. There are often multiple ways and times for you to provide feedback over a period of months or even years. Stay up-to-date by visiting our public participation website, signing up for email updates, and following the Air Pollution Control Division and Colorado Department of Public Health and Environment on social media. Send comments or questions to: cdphe.commentsapcd@state.co.us.

Helpful vs. less constructive comments

To demonstrate the suggestions above, we have provided examples of very helpful vs. less constructive comments.

Helpful comments

Example one of a helpful comment: “Condition 10 talks about monitoring startups, shutdowns and malfunctions but does not say how these need to be tracked. The proposal should include specific monitoring requirements. Additionally, Condition 15 says that the operators must notify the division promptly of any malfunctions but there is no definition of what promptly means. The proposal should specify a number of days rather than use the word “promptly.”

Example two of a helpful comment: “The proposal identifies emission sources and mentions "co-benefits," but it doesn't define or explain what a co-benefit is or how it helps improve air quality. Please include a definition and description of “co-benefit” in the proposal so members of the community can gain a better understanding of the benefits they can expect to see.”

Why they are helpful comments: These comments are easy to understand and act on. They offer solutions and the suggested changes align with Colorado state regulations, so we are able to make them.

Less constructive comments

Example of a less constructive comment: “Emissions from industrial operations are bad for the environment and public health, and you should not be allowing them to pollute like this. This proposed rulemaking should not be approved.”

Why it’s a less constructive comment: This comment is welcome, but it does not provide specific information we can act on.

Contact us

Questions? Email cdphe.commentsapcd@state.co.us.

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