To authenticate the following materials for incorporation by reference (IBR) under the 

requirements set forth in 1 CFR part 51, EPA is providing copies of the "Filing Instructions" for 

the 2005 and 2006 editions of the Colorado Code of Regulations (CCR). The official publication 

of the CCR consists of a series of binders that contain regulatory provisions, and these binders 

are updated each year in accordance with "Filing Instructions" provided by the State. The 

"Filing Instructions" provide specific instructions for removing specific pages from the CCR 

binders and replacing them with new pages that reflect any changes to the regulatory provisions. 

With regard to 5 CCR 1001-5 (the provisions currently presented for IBR), the attached "Filing 

Instructions" show that the 2005 edition included instructions to remove the TOC and replace 

them with "None," and there were no instructions to add a TOC in the 2006 edition. 

Accordingly, there is no TOC that relates to the 2006 revisions that can be included to 

authenticate IBR of the provisions of5 CCR 1001-5 that were effective in 2006. Likewise, the 

"Filing Instructions" for the 2006 edition also indicate that only page 3 of the Title Page was 

removed and replaced, so the three Title Pages included here to authenticate IBR of the 

provisions of 5 CCR 1001-5 that were effective in 2006 contain two different dates. 
mE COLORADO REGISTER 

FILING LI\jSTRUCTIONS 

SUPPLEMENT TO llIE CODE OF COLORADO REGULATIONS 

September 12,2005 

Volume 28, No.9 

These instructions should be followed carefully for in.<erting cbaDges in Ihis issue of the Colomdo Register into the Code of C..olomdo 

Regulations. 

I Make sure all previous Supplements have been film before inserting changes conlninm in this SUllPlemem. (Verify by reviewing the d~te

oflh. last FiUng 1nlItJ'uctions sheet which should be filed at the back ofthe "lndcx" Volume.) 

2. Remove pages 10 be deleted from the CCR and insert new pages in the CCR as dln::cled below. NOTE: PU13L1ant 10 C.R.S. S§ 24-4.' 0I 

10 -lOS (the AI'A), pages being removed from the CCR in this Supplemenl may continue 10 be in effecl until October 1,2005 . Initial each 

cllllnge aftcr it i. made to maintain IUl accurate m:mtl. 

J, After filing all changes, file and rebin this instruction sheet at the bad: of the "Index" Volume ofthe Code ofColorado Rq,'ulllliollS.lnc 

filing iosuuclions can then be checked to be cenain your &Cl is complete. 

Updute JllIgcs are included only for the regulations to whicb you have sub$crib<:d; then:fon:, should you 

m:L';ve the inslruction leiter only, tbcrc were no changes made to the regulBtioas to which you have 

sub>;;ribed. However. you should scan through the contents orthe instruction I~ler to ensure that tltcre were 

"no updates to the regulations to which you have subscn'bcd. 

Revised 

MatL-nals 

CeRNo. Remove Pages In.sert Pages 

index BindL"T T~blc of Conlt:nlll 15-18 

21·22 

15·1g 

21·22 

Topical Index 11-12 

25-28 

31·34 

11·12 

25-28 

31-34 

Depanmcot of Revcoue I eCR 206-1 TItle Page (p. 9) 

Table of COntcot.~ (pp. i-ii) 

6.NO (pp. i -9) 

6.NN (pp. 1-9) 

6.08 (pp. 1-10) 

6.0N (pp. 1·9) 

6.0P (pp. 1·9) 

6.0S (pp. 1.9) 

6.PO (pp. (·9) 

6.PE (Pl'. 1-9) 

6.PF (Pl'. 1-9) 

6.PH (pp. 1·9) 

6.Pl (pp. )·9) 

6.PK (pp. 1·9) 

6.PZ (Pl'. 1-9) 

none 

none 

none 

Title Page (p. 9) 

Table ofCOnleJlls (pp. j.ii) 

none 

none 

none 

none 

none 

none 

none 

none 

none 

none 

none 

none 

6.PZ (pp. 1-9) 

6.RW (pp. 1-9) 

6.RX (pp. 1.9) 

6.50 (pp. 1-9) 

Department ofNalUml 

Resources 

2 CCR406-5 Title Page (pp. 1-2) 

7·8 

11·15 

Title Page (pp. 1·2) 

7·8 

11-16 

Department of 3 eCR 701-1 Tide Page (pp. 3-4) Title Page (pp. 3-4) 

Rc:gulo[OTy Agencies Table ofConlents (pp. i-ii) 

1-30 

145-170 

Table of Contents (pp. j·ii) 

1-2 

145-167 

Q 2005 WeB Publishing for the State of Colorado 

All Rights R~crved. (800) 877-WEIL 
Re\~seQ

Materials 

CCRNo. Remove Pages Insert Pages 

3 CCR 701-2 Title Pllile (p. 3) 

Table ofCentents 

107·114 

\ 19-152 

Title Page (p. 3) 

Table ofCenlents 

107·114 

119-149 

3 CCR 701-6 Title Page (pp. 1-2) Title Page (pp 1-2) 

55-56 55-56 

3CCR701-10 Title Page Title Page 

none 19-29 

3 CCR 702-1 Title Page (pp. 1-2) 

E67-E74 

£107·EII0 

Title Page (pp. 1-2) 

67-68 

107 

NOTE: Emergency pages E67 

10 E74, BIld E107to EIIO have 

ex.pired. 

3 CCR 705-1 Title Page (pp. 1-2) Title Page (pp. 1-2) 

Table ofCentents Table of ContenlS 

31-33 31-32 

3 CCR 716-1 Title Page (p. 3) 

Table ofCOlltents 

63-70.2 

none 

Title Page (p. 3) 

Table ofColltents 

63-68 

123-126 

] CCR 719-1 Title Page (pp. 1-2) 

Table of Contents 

7-8 

27-28 

Title Page (pp. \-2) 

Table of Con1cllts 

7-8 

27-28.8 

4 CCR 723-18 Title Page 

EI9 

Title Page 

19 

NOTE: Emergelll.")' page E19 

ha.~ expired. 

4 CCR 725-1 Title Page (p. 3) Title Page (p. 3) 

1-2.3 1-2.3 

4-4.1 4-4.1 

Dcpllltrnc:nt of Public 5 CCR 1001-2 Title Page(pp. 1-2) Title Page (pp. 1-2) 

Health lind Em~ronment Table ofContents (pp. i-ii) nOlle 

1-73 I-57 

5 CCR 1001-3 Title Page (pp. 1-2) Tille Page (pp. 1-2) 

Table ofCantenIS (pp. j.ii) nonc 

]-107 1-76 

5 CCR 1001-5 Title Page (p. 3) Title Page (p. 3) 

Table ofContcnts (pp. i-ii) none 

1-361 1-297 

5 CCR 1001-10 Title Page (pp. 1-2) Title Pagc (pp. 1·2) 

J75-202.6 175-202.2 

5 CCR 1002-31 Title Page (pp. 1-2) 

none 

lIone 

Title Page (pp. 1-2) 

after page 166 add 

Table ofContents (pp. i-iii) 

1·174 

NOTE: Page:! ]·17·hre 

effective 12'31105. The CUTTent 

YUle pages will be removed in 

th.,lllJ1Ullry 2006 issue. 

2 
THE COLORADO REGISTER 

RL"ViSed 

Materials 

ceRNo. Rcmovc Pages Insert Pages 

5 eCR 1002-61 Titlc Pagc (pp. 1-2) 

none 

none 

269 

Titlc Page (pp. 1-2) 

aftCT page 66 add 65-66 

after pagc 70 add 69-70 

269-27\ 

NOTE: New pages 65 and 70 

an: cffC(;tivc 12131105. The 

CUlT'al1 mle pages will be 

rC:lJloved in the: January' 2006 

issue 

5 CCR 1001-65 Title Page (pp. 1-2) Tille Page (pp. 1-2) 

1-2 1-1 

6 CCR 1010-6 Title Page Tille Page 

3-8 3-8 

17-18 17-18 

6 CCR 1015·3 Title Page TitlePllgc 

)-4 3-4 

25-30 25-37 

6 CCR 1015-4 Title Page (pp. 1-2) 

BP I-BP 8 

25-30 

35-36 

41-42 

51-52.2 

63-64 

Title Page (pp. 1-2) 

none 

25-3<J 

35-36 

41-42 

51·52.4 

63.{)4 

6 CCR 1015-5 Title Page TitlePllge 

1-7 Hi 

Dcpwtmalt of ulbor and 7CeR 1\01-5 Title Page TitiePage 

Employment 13-14 13·J4 

Dcparnnenl ofState 8 CCR 1505·\ Title Page (pp. 1-2) Title Page (pp. 1-2) 

1·70 \-81 

Department of Health 

ClITe Policy and 

Fin~cjrlg

J0 CCR 2505-i 0 Title Page (pp. 13-14) 

1.25-1.25a 

2.0Ib-2.01c 

Title Page (pp. 13.(4) 

1.25·1.25a 

2.011>-2.0Ic 

2.0Ik.J-2.0Ilc.2 2.01k.1-2.01k.2 

2.02f-2.02k 

2.031>-2.03g 

2.04a-2.04b 

2.02f-2.02]( 

2.03b-2.U3c 

2.04a-2.04b 

2.04g-2.05e 

22.12.37.29-22.12.37.30 

2.(14g-2.05e 

22. 12.37.29-22.12.37.30 

22.12.269d.) ·22.12.269d.6 

22.31 i-22.31r 

22.1l.269d.I-22.12.269d.6 

22.31 i-22.311 

Department of Human 12 CCR 2509·1 BP 29·BP 30 BP 29-BJ' 30 

Services 12 CCR 2509-4 Title Page TItle Page 

45-48 45-48 

53-54.6 53·54.6 

12 CCR 2509-6 Tille Page (pp. 1-2) Tille Page (pp. 1·2) 

Table ofContents Table of Contents 

1-8 1-8 

12 CCR 2509-8 Title Page tW' 1·2) Title Page (pp. 1.2) 

173-176.6 173-176.6 

02005 Weil Publishing for the State of Colorado September 12,2005 

All Rights Rc:c<crved. (800) M77-WEIL 3 Volwne 28, No.9 
THE COLORADO REGISTER 

FILING INSTRUCTIONS
 

SUPPLEMENT TO THE CODE OF COLORADO REGULATIONS
 

October 10, 2006 

Volume 29, No. 10 

These instructions should be followed carefully for inserting changes in this issue of the Colorado Register into the Code of 

Colorado Regulations. 

1.	 Make sure all previous Supplements have been filed before inserting changes contained in this Supplement. (VeritY by 

reviewing the date of the last Filing Instructions sheets which should be filed at the back of the "Index" Volume.) 

2.	 Remove pages to be deleted from the CCR and insert new pages in the CCR as directed below. A replacement page that 

includes a "f' indicates that more pages were removed from the rule than were added in this supplement. NOTE: 

Pursuant to C.R.S. §§ 24-4-101 to -108 (the APA), pages being removed from the CCR in this Supplement may 

continue to be in effect until October 30, 2006. Initial each change after it is made to maintain an accurate record. 

3.	 After filing all changes, file and retain this instruction sheet at the back of the "Index" Volume of the Code of Colorado 

Regulations. The filing instructions can then be checked to be certain your set is complete. 

Update pages are included only for the regulations to which you have subscribed; therefore, should 

you receive the instruction letter only, there were no additions made to the regulations to which you 

have subscribed. However, you should scan through the contents of the instruction letter to ensure 

that you removed appropriate material and that there were no updates to the regulations to which 

you have subscribed. 

Revised CCRNo. Remove Pages Insert Pages 

Materials 

1 1 1 ') Index Binder Table of Contents .1 1.-1. .. 11-12 

21-22 21-22 

Topical Index 3-4	 3-4 

19~0	 1~20

29-30 '29-30
 

33-34 33-34
 

Department of Revenue
 1 CCR204-14 Title Page (pp. 1-2) Title Page (pp. 1-2) 

Table of Contents (p. i) Table of Contents (p. i) 

65-66 65-69 

1 CCR207-1 Title Page (p. 3) Title Page (p. 3) 

46.33-46.34 46.33-46.34 

Department ofNatural 2 CCR402-3 Title Page (p. 1) Title Page (p. 1) 

Resources 1-5 1-12 

2 CCR406-0 Title Page (p. 3) Title Page (p. 3) 

21-24 21-24 

12 CCR406-2 Title Page (pp. 1-4) Title Page (pp. 1-4) 

5-6 5-6 

37-40 37-40 

2 CCR406-3 Title Page (p. 3) Title Page (p. 3) 

3-4	 3-4 .~ ,..._, ..~..--.. 7-10	 7-10 . e.	 '-. ; f-:::-=::-;~-=-----f---;:;:;::-.-=------:----=-:-----+-=::-:--=----,,.-----::-:-------1 2 CCR 406-5 Title Page (p. 3) Title Page (p. 3) 

3-4 3-4 

2 CCR406-8 Title Page (pp. 1-2) Title Page (pp. 1-2) 

. , 11-14	 11-14 / i ."- ~. ."~ 18.01-18.02	 18.01-18.02 ~"~ ....:......"~.; '<If ~:••....:. L~ __ .~ ...... -.; j' ~- .. ;. ~~6;,/.,.-JiY 2 CCR407-2 Title Page (pp. 1-2) Title Page (pp. 1-2)
 

Table of Contents (pp. i-xiii) Table of Contents (pp. i-xi)
 

1-4 1
 

© 2006 Matthew Bender & Co. for the State of Colorado 1 October 10, 2006 

All Rights Reserved. (800) 833·9844 Volume 29, No. 10 
THE COLORADO REGISTER 

Revised 

Materials 

CCRNo. Remove Pages Insert Pages 

Department of 

Transportation 

2 CCR 601-10 Title Page (pp. 1-2) 

None 

1-44 

Title Page (p. 1) 

Table of Contents (p. i) 

1-29 

2 CCR 604-2 Title Page (pp. 1-2) 

1-16 

Title page (p. 1) 

1-16 

Department of 

Regulatory Agencies 

3 CCR 701-1 Title Page (pp. 3-4) 

141-142 

Title Page (pp. 3-4) 

141-142 

3 CCR 713-33 None 

None 

Title page (p. 1) 

1-4 

3 CCR 716-1 Title Page (p. 3) 

123-126 

Title Page (p. 3) 

123-126 

4 CCR 723-2 Title Page (pp. 1-2) 

81-82 

93-94 

E103-E104.1 

Title Page (pp. 1-2) 

81-82 

93-94 

103-104.1 

4 CCR 725-1 2-2.1 2-2.1 

Editor's Correction 

Department of Personnel 

and Administration 

4 CCR 801 Title page (p. 3) 

Table of Contents (p. i) 

25-26 

Title Page (p. 3) 

Table of Contents (p. i) 

25-26 

Department ofPublic 

Heaiih and Environment 

5 CCR 1001-2 Title Page (pp. 1-2) 

1-57 

Title Page (pp. 1-2) 

1-58 

5 CCR 1001-5 Title Page (p. 3) 

1-311 

Title Page (p. 3) 

1-290 

6 CCR 1007-3 Title Page (pp. 3-5) Title Page (pp. 3-5) 

Editor's Correction 

Department of Labor 

and Employment 

7 CCR 1101-3 Title Page (pp. 3-4) 

19-20 

Title Page (pp. 3-4) 

19-20 

Department of 

Agriculture 

8 CCR 1201-16 Title Page (p. 1) 

1-6 

Title Page (p. 1) 

1-6 

8 CCR 1201-20 None 

None 

Title Page (p. 1) 

1-13 

Office of the Governor 8 CCR 1501-2 Title Page (p. 1) 

1-54 

Title Page (p. 1) 

1-41 

Department of Public 

Safety 

8 CCR 1507-3 Title Page (pp. 1-2) Title Page (pp. 1-2) 

Editor's Correction 

8 CCR 1507-24 Title Page (p. 1) 

1-4 

None 

None 

Editor's Correction 

Department of Human 

Services 

9 CCR 2503-1 Title Page (pp. 7-8) 

BP 47- BP 48 

21-22 

28.1-28.4 

45-50 

53-66 

77-78 

83-88 

Title Page (pp. 7-8) 

BP 47- BP 48 

21-22 

28.1-28.4 

45-50 

53-66 

77-78 

83-88 

2 
THE COLORADO REGISTER 

Revised 

Materials 

Department ofHealth 

Care Policy and 

Financing 

Department ofHuman 

Services (cont'd) 

CCRNo. Remove Pages Insert Pages 

10 CCR 2505-3 Title Page (pp. 1-2) Title Page (pp. 1-2) 

1-8 1-8 

17-23 17-21
 

10 CCR 2505-10
 Title Page (p. 15) Title Page (p. 15) 

22.12.37.7-22.12.37.8 22.12.37.7-22.12.37.8 

22.12.37.29-22.12.37.30 22.12.37.29-22.12.37.30 

22.12.183p-22.12.184 22.12.183p 

None 22.12.184 

NOTE: Pages 22.12.183p 

and 22.12.184 are being 

'\ reissued as separate pages 

Section 8.746 (pp. 1-2) ''11 Section 8.746 (pp. 1-2) 

Section 8.765 (pp. 1-14) Section 8.765 (pp. 1-12) 

";"\1 ::.. ':"~ ,f 

I 

30.5-30.6 30.5-30.6 

34.13-34.14 34.13-34.14
 

12 CCR 2509-1
 Title Page (pp. 1-2) Title Page (pp. 1-2) 

BP 31 BP 31-BP 32
 

12 CCR 2509-4
 Title Page (p. 1) Title Page (p. 1) 

57-60 57-60
 

12 CCR 2509-5
 Title Page (p. 1) Title Page (p. 1) 

I 37-38 37-38
 

12 CCR 2509-6
 Title Page (pp. 1-2) Title Page (pp. 1-2) 

17-18 17-18
 

12 CCR 2509-8
 Title Page (pp. 1-2) _Title Page (pp. 1-2) 

9-10.2 9-10.2 

11-12.2 11-12.2 

165-166 165-166 

]
 

© 2006 Matthew Bender & Co. for the State of Colorado 3 October 10, 2006 

All Rights Reserved. (800) 833-9844 Volume 29, No. 10 
DEPARTMENT OF PU'BLIC
 

H"EALTH AND ENVIRONMENT
 

AIR QUALtnl CONTROL COMMI8..cnON 

REGULATION No.. 3
 

STATIONARY SO"URCE PERMITfING AND AIR
 

POLLUTANT EMISSION NOTICE REQUIREMENTS
 

seeR 1001-5 

EDITOR'S NOTES· 

AadtcMitJ Qat
 

MJde 7 of1l6e 25, CoR.S.
 

.....,..........eMt: .
 

Amended '''2118. 1 CR 2. R.....d.cl 12/'14178, Z CR ,. Pp, ' .....01 _pled
 

• .-.v.-yNglilUon enn',2 CR 1. P. 12 ''''''I'I. 2 CR e. Pp. 1-.2S 

t.UO.......,0D180. 3 CR 7. Pp. 7..... 25 5It3l82.11fecCM 

eI3MI2. 6 at e. Pp. 1-a2 tIdOpted SI1Q18S. 1IftIc::tiW~ •• CIt 4. Pp. S4-«) adOCDd 

2/7/15., EFFECTM 1f3M5. 8 CR a.pp. 1..e1ldDJftd 3t'.IWt. "'c:fM413C118S. 8 m 4. 

PP. 21-i2 ..-...d... 10 a.rtcIIIIf .norbr DIpIftmInt of HNIII. 0CR 7. lip, 1-58l1dDCMed 

1111117, efJCIM 00117, 10 eft 4. Pp. 68-G lei'" 11111117, etIiIctM 12l.1W7. 

10 CR 12. P. 421dD1*d • ell1lf04M'q ~_n ........ M .... 11 CR 1. 

pp. 1-14 __&'1",-tlltceM W3OIII. 11 CR •. pp. 4-4I1doptlId tI1 see, eKecttw 

tOl3Or'll; p._ariJpIed. ecnervencr reQUtltlon t2OIIe.etJedNlIQCIIII. 11 CR '0. 

P.41 1dGP'td as .....tlanef1188. ~1J11h; p. SO~.tmlrV8ftcy 

reoulltion MMe. lledMMS'U, 12CR ,. P. 508CJOpted u ...rgenc.y NlQLlIIttaft 

W21111, ettec:aJw tl21*,. 12 eft 1a. pp. 1-74 ed~as emeav-ICJ ngColldOn 1/11180, 

A.Go,~

1 AG 121; ZAG 15; 2 AQ1C; SAG 117; 5 AG 150;1 AG 11G-111.' AGS2:'AO 88; 

tAG 113; fGAG 101; 10AG 3!11: 11 AG 201: 11 AG 211; 11 AG '1f-S11; 12 AQ 215-218; 

.........1:
 

CoIlM'IdMII 8Ictric AnOdaIon .... NI p~CofiJol Cormti&SiOn. CoIotIdo Court of
 .. No.n.eea. Nownb«21, ,.,. hetd tnat.. A~ PoIutkln COnbaI Commission
 

did not rta_ stitutary euthoftIJ to "sueMdIan n,H.' of ,..P04IutiDft CadrOl CGmIIIIUiof'
 

A~n No.:I (SeeR 1001-5>oowmito ItIe SIUMCI orear ~.miUton
 

penrits,
 

.Tbi5l/l!t-I'qll dtlltlt lW'l.:uc..ibdt an <llDaJlI paItid11ft)' ..... 1Il(~tOfAiNd 1lJ> Iktilkpll(Or" P"'"_ by dir """'1aM'
 

tiorD ...~CIt ..."CIrlal rtlllNt_",.,,"d}' Ii:a '1llflmWlllNl-JlbSfOril;al IlUIflUKL S.~lllGiAl ..._ 1ft m ....."'~.......
 10 \ ,....,{:Cit.
 

(. 1l11J~ Wail ~i~ M tk S,*, ...C'...... ""II RiPs k~ i8i~tlIP7·WFJI..
 
EDITOR'S NOTES (contiftued) 

...."u4A.a.", na: 

13CR2. Pp.1-7. ~edSI1TJIO. efJlcll.. ncwo,13CAI. p'p-. 1-75adc11*O 1Ct11le1. ettecCM 

11f3M1 t 14 OR 11. Pp. '--36 1mW2, dadlw tr.IQIII2. 15 CR e. pp. 1I...f3 Idopted .. erner· 

gency ntgUIetIon 10t1M2 1CV15112., 15 11. pp. 1-TS Idof*d 11Itft92. eiIIctYe 12J3CW2. 

15 CR 12. Pp. 1-1,Q c1~. ar.sM3. 15 CR I. P1J. 1-238 7115113. etfecI.,. 

W$GlU. 18 I. pp. t 1-15. 25-31" u-a. e7-70.....71dapeed 2IfT_. et'eaNe ~;p. 411dopced 

3f17JM. efIIciMt 4fJOJI4. 17 CR 4&. pp. 1~1-142 -..td......ncy I1IgUtatian 5I'U"14. declive 

$I23I!M, 17 CR 7. PIt, 1-220 IIdot*td MIIM, ehdM 113UN, 17 CR I. Pp. .... adOptId 1012CW4....... 

.. 17!301N, 17 eft 12. Pp. 2:5-27 3.1%$-1,.. 121-t2l.021do$*1d 11tt7JD4. eft:c:Ive 113Ott5. 

11CR 1. pp. 73. 10-81 ..., _n12J1W4. altdhe 12ft"S. 11 CR 2. pp.1S-74 

-.-t211&95, .fIlIdM1JtMI5. fa eft 4&. Pp. U, ~1"'. 1&.22" 21-30,42..... 0-50, 18-58.01.42", 

75-7&. 1....,.18-&1, " ..11.100-100.02m--, MtWS.-..w1tlMI. 11 CRS. pp. 45. 71.01, -,e..n.7&­

02111fClfMd "'&'IS~ efedIve 7I3CW5. 1. CR 7. pP. 1-25, *H. 78-K.o1.1c)c"108. 110.111.01 .:topted 

IN7J15, eftecUw 1~. ,.CR 10. PP. 21).24,30-31........12121., ...... ~'". 10CR 2. 

pp. edopIed 2ffS1l8. tttetIwI~, " CR". pp. 4. "1, 41.02-4$, 75.D1..18. 80-12. 1.,24.02 

JdDpNd3l21_. EPPEC1MSIWM. i.CR 5, PI). 3-5. a..a~50,N.o1"" 71. 11e,14S.1Q..1"'. 157-1., 

11&4-'.171. , ....,15, 201.~ 207..201 adOPlId 1I2OIDS. EFFeC11VEtnCW8. tt CR•. pp.48-e3.05 

__101Z4188, EPPeC1NE 1113Me.18 CR 12. ~.1ea.2OI8dot'*d11121••EFfECTIVE 11.\01t7, 

20 CR 1. pp. 11..151.227-221..,... 1tit"". EftIlECTIVE ~. 23 eFt t. pp.111.01-111.02 

Adot*d 11115101, f.F1!'f!CTNE 12t3Qr1D1. 24 12. ~. 73-111.De.l#-14'.01.23C)..236 adopted 2I21m. 

EFFECTN'E 4'3QI02. 25 CR 4. 

A.O. Ott h '"­

12AQ341; 13AG 51-52; 13AQ 171; 14AO*: 1SAG 3814811\; 15AG~55; 1S AG SOl; 18AQ 275; 

1eAG_: 17AG1«)-.141: 17 AQ28I; 17 AGS4e; 17 A0480; 1IAG."ACi77; 11M 140; 11AG 110; 

1IAG2S1;18AOJ&4: 1tAG52;1.AQ111~,.AG '25-t2e; 1tAG236-m; 1eA0380;20AG "; 

23 NJ I; 24 AtJ .S:25 N;, 120 

AD.......:
 

Rule N. H.8, 8dopted 5111190. w.. not Mended by M.8. ;1-1251.11:1 themore Ilq)Ired Jt.lM 1. 1eDt.
 

5 CCR l00J·~
EDITOR'S NOTES (continued) 

History and Amendments:
 

Adopted 7/18/02, EFFECTIVE 9/30/02, 25 CR 9. Adopted 10/17/02, EFFECTIVE 12/30/02,25 CR 12.
 

Regulation LA adopted 03/21/03, EFFECTIVE 04/30/03, 26 CR 4. Adopted 03/12/04, EFFECTIVE 05/30/04,
 

27 CR 5. Regulation No.3 Adopted 04/16/04, EFFECTIVE 06/30/04, 27 CR 6. Part B adopted by technical
 

correction, 27 CR 12. Part A, Part B, Part C, Part D, Part F Adopted 12/16/04, EFFECTIVE 03/02/05, 28 CR 2.
 

Parts A to F adopted 7/21/05, EFFECTIVE 10/02/05,28 CR 9. Pp 23-27, 35, 77,111-183,283-285 adopted
 

12/15/06, EFFECTIVE 03/02/06, 29 CR 2. Regulation 3, Part B, Section III.C adopted by technical correction;
 

Regulation 3, Part G adopted 03/16/06, EFFECTIVE 05/30/06, 29 CR 5. Rule replaced in its entirety, adopted
 

08/17/06, EFFECTIVE 10/30/06, 29 CR 10.
 

A.G. Opinions:
 

25 AG 312; 25 AG 431; 26 AG 162; 27 AG 170; 27 AG 208; 28 AG 42; 28 AG 225; 29 AG 77-78; 29 AG 174;
 

29 AG Oct 1001-5.
 

Annotations: 

© 2006 Matthew Bender & Co. for the State of Colorado 

All Rights Reserved. (800) 833-9844 Page 3 5 CCR 1001-5 

21101 
© 2006 Matthew Bender & Co. for the State of Colorado 29 CR 10, 10-06 Page 107 

All Rights Reserved 

XII.	 2.

XII.B.1. Each such change shall meet all applicable requirements and shall not violate any 

existing permit term or condition. 

II.B.2. The source must provide contemporaneous written notice to the permitting autho	 yand 

the Administrator of each such change, except for changes that have been det mined to 

be insignificant by the commission pursuant to regulation. Such written notic shall 

describe each such change, including the date, any change in emissions, p lutants 

emitted, and any applicable requirement that would apply as a result of th change. A 

vised Air Pollutant Emission Notice shall be submitted in accordance th the 

pr visions of Part A, section 11., along with the written notice required i this section 

it shield shall not apply to any such change made purs nt to this section XII.B. 

XII.BA. The source hall keep a record describing changes made at e source that result in 

emissions of regulated air pollutant subject to an applica requirement, but not 

otherwise regu ted under the permit, and the emissions suiting from those changes, 

including any otli r data necessary to show compliance ith applicable ambient air 

quality standards. 

XII.B.5. Changes made pursu	 t to this section XII.B. sha . e incorporated into the operating 

permit at the time of ren wal. 

XIII.	 Reopening For Cause Of Permits sued pursua~oPart C 

X!!!.A. A permit issued pursuant to Part C of 

anc :

tH: commie ion Regulation No.3, shall be reopened and 

revised under any of the following circum 

XIII.A.1.Additional applicable requirements ome applicable to a major source with a remaining 

permit term of three or more year . S h reopening shall be completed no later than 

eighteen months after promulga on of t applicable requirement. No such reopening is 

required if the effective date 0 e require ent is later than the date on which the permit 

is due to expire, unless the ginal permit 0 ny of its terms and conditions has been 

extended, or if a general p mit is obtained to ddress the new requirement pursuant to 

section VIII.A.2. of this P C; 

XIII.A.2.Additional reqUirem~e s (inclUding excess emissio requirements) become applicable to 

an affected source der the acid rain program. Upo approval by the Administrator, 

excess emissions ffset plans shall be deemed to be i orporated into the permit; 

XIII.A.3.The division 0 he Administrator determines that the perm contains a material mistake 

or that inacc rate statements were made in establishing the missions standards or other 

terms or c ditions of the permit; 

XIII.A.4.The di sion or the Administrator determines that the permit must 

to as re compliance with the applicable requirements; 

XIII.A.5.P rmit reopening and reissuance shall be processed using the proced	 es set forth in 

ections 111., IV., and V. of this Part C for permit issuance and permit ren 

.6.Proceedings to reopen and reissue permits affect only those parts of the per
 

cause to reopen exists; and
 

XIII.A.7.Reopening under this section of Part C shall not be initiated before notice of such tent is 

provided to the source by the division at least thirty days in advance of the date tha he 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-5
 
Page 108 29 CR 10, 10-06 

permit is to be reopened. The division may provide a shorter time period within w 

give notice in the case of an emergency. 

XIII.B. The divi . n shall extend the permit shield to those parts of the permit that hav 

. by reference by the commission and made a part e Colorado commission regulations. Materials 

incorporated by reference are those in existen as 0 e date indicated and do not include later 

amendments. The material incorporated eference is a ilable for pUblic inspection during regular 

business hours at the Office of the co Ission, located at 43 Cherry Creek Drive South, Denver, 

Colorado 80246-1530, or may be mined at any state publicati depository library. Parties wishing 

to inspect these materials sho contact the Technical Secretary of commission, located at the office 

of the commission. 

Air Pollution Control, Monitoring, Operating Permits, Re ing and Record 

eeping Requirements: Compliance Assurance Monitoring, Code a deral Regulations 

Title 40, Parts 64 and 70.6, October 22, 1997 (62 FR 54900). 

/'

/ Air Pollution Control, Monitoring, Operating Permits, Reporting and Record keeping 

/'	 RI:>qu'lreml:>nts' rnmpl'lanl'o fJ.c::.su.."nl'o t.Aoni+n..inn L 64, 70.6·~~·d· it6~'Ojtob;; 22, ~97v(62IFFt54'900)~v,,,- VI v"v" ... '"VII 

pursuant to reopening and reissuance proceedings of this section of P C. 

XIII.C. A source may choo to have its operating permit renewed durin y proceeding for reopening 

the permit under this s ubmitted pursuant to Part C. 

XIV. 

The regulations promulgated by the U.S. EPA ction XIV.A.1., below, are hereby incorporated 

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE 

REVIEW AND PREVENTION OF SIGNIFICANT DETERIORATION 

is Part D shall apply to any new or existing major stationary source. 

Any new major tionary source or major modification, to which the re lrements of this Part D 

apply, shall not begl ctual construction in a nonattainment, atta!,!) ent, or unclassifiable area 

unless a permit has bee . sued containing all applicable stat~d federal requirements. 

./

1.A.2.	 Except as otherwise pro . ed in section XV. of,tf1is Part D, and consistent with the 

definition of major modificatl section 1/.p:22. of this Part), a project is a major 

modification for a regulated NS /I nt if it causes two types of emissions increases ­

a significant emissions increase G ined in section 1/.A.42. ofthis Part), and a 

significant net emissions incya!e (as de d in sections 1/.A.26. and 1/.A.42. ofthis 

Part). The project is not ~ajor modification . does not cause a significant emissions 

increase. If the ,?roj~auses a significant emis s increase, then the project is a 

major modificatiJJYOnly if it also results in a significan et emissions increase. 

1.A.3. The Proceae::for calculating (before beginning actual constr ion) whether a significant 

emis . ns increase (i.e., the first step of the process) will occur nds upon the type of 

ssions units being constructed or modified, according to sections. 1. through 1.8.3. 

Afthis Part. The procedure for calculating (before beginning actual constr ion) whether 

/ a significant net emissions increase will occur at the major stationary source . ,the 

/'

./ 

{"nrlo nf Forlo"al Renllla+inns T'I+le An 

'" -.V, I 

I.A. 

APPLICABILITY 

5 CCR 1001-5	 CODE OF COLORADO REGULATIONS
 
© 2006 Matthew Bender & Co. for the State of Colorado 29 CR 10, 10-06 Page 109 

All Rights Reserved 

LB.	 

issions units. 

second step of the process) is contained in the definition of Net Emissions Increase 

(section I/.A.26. of this Part). Regardless of any such preconstruction projections, a ajor 

modification results if the project causes a significant emissions increase and a sig Ificant 

net emissions increase. 

Actual-to-projected-actual applicability test for projects that only involve e 

missions increase of a regulated I\JSR pollutant is projected to ccur if the sum of 

the difference etween the projected actual emissions (as defined in secti II.A.36. of this Part) 

and the baselin actual emissions (as defined in sections 1I.A.4.a. an~11. A.b. of this Part, as 

applicable), for e h existing emissions unit, equals or exceeds the si Ificant amount for that 

pollutant (as define in section 11.A.42. of this Part). 

I.B.2.	 Actual-to-pote 'al test for projects that only involve const1ction of a new emissions 

unites). 

A significant emissions incre e of a regulated NSR polluta is projected to occur if the sum of 

the difference between the po ntial to emit (as defined in ection I.B.35. of Part A of this 

regulation) from each new emis . ns unit following com etion of the project and the baseline 

actual emissions (as defined in se ion II.AA. of this P ) of these units before the project equals 

or exceeds the significant amount f that pollutant ( defined in section II.AA2. of this Part). 

1.8.3. 

NSR pollutant is projected to occur if the sum of 

the emissions increases for each emissions it, using the methods specified in sections I.B.1. 

through I.B.3. of this Part as applicable wi re ect to each type of emissions unit, equals or 

exceeds the significant amount for that lIutant s defined in section II.AA2. of this Part). 

I.BA.	 An 

actual 

owner 

test 

or 

for 

operator 

a project 

of 

th 

a m/or 

requires 

stationary 

a minor 

urce 

rmit 

who 

modification 

conducts 

in 

the 

accordance 

actua/-to-projectedwith 

section X. of Part C, req res a significant perm modification in accordance with section 

1.A.3. of Part C, a modi cation as defined in secti 1.8.26. of Part A or that requires a 

minor source permit vhder Part B shall submit a pe it application including: 

1.8.4.a. All calcul	 ions and supporting documentation sed to determine baseline actual 

emissio s of each emissions unit affected by th roject; 

I.BA.b. All Iculations and supporting documentation used determine projected actual 

e Issions of each existing emissions unit affected by e project; 

I.BA C A determination of that portion of each existing unit's emi ions following the 7 project that the unit could have accommodated during the nsecutive twentyfour month period used to establish the baseline actual emis . ns and that are 

unrelated to the project, including any increased utilization due 0 product 

demand growth; and, 

I.BA.d. Any other information requested by the division that may be needed 

if a major modification will occur at each emissions unit affected by th 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5
 
II. Definitions 

11.A. The following definitions apply specifically to the provisions contained in this Part D. 

The actual rate of emission of a regulated NSR pollutant from an emissions 

1.a. Actual emissions as of a particular date shall equal the aver e rate, in tons per 

year, at which the unit actually emitted the pollutant durin two-year 

onsecutive tLAlenty-four rnonth period that precedes tho t"'8rticu!ar date and is 

re esentative of normal unit operation. A different p. iod may be used if it is 

mor epresentative of normal unit operation. Act I emissions shall be 

calcula d using the unit's actual operating hour , production rates, and types of 

materials ocessed, stored or combusted or tual emission data during the 

determined as follows: 

Page 110 29 CR 10, 10-06 

The information submitted in accordance with section 1.8.4.a. through 1.8.4., ove, 

s e incorporated into an appendix to the major stationary sO~ltl~V Operating 

permit 0 permit note in the construction permit. __.~ ..".._,r' 

..."­

The requirement that t ner or operato~.a--rnajorstationary source who conducts 

the actual-to-projected-actual r..a-pfOject that requires a minor permit modification 

submit information in accordgDee'witn ions 1.8.4.a. through 1.8.4.d., as set out in this 

subsection 1.8.4., sha.u,oot""'be federally enforc e and shall not be incorporated into the 

state imp/eme atltln plan. 

I. C. :~ or stationary source requesting, or operating under, a Plant-wi licability 

~,~:!ion (as defined in section 1I.A.32.) for a regulated NSR pollutant, the major s . ary

e::::::: source shall comply with the requireme'!!..~ of section XV. of this Part. 

selected tim eriod; 

11.A.1 .d. This definition sh not apply for calc ting whether a significant emissions 

increase has 0 urred, or for establishi a PAL under section XV. of Part 0 of 

this regulatia . Instead, sections 1J.A.36. a 1I.A.4. of this Part shall apply for 

these pur, ses. 

not 

5 CCR 1001-5
 CODE OF COLORADO REGULATIONS
Air Quality Related Value 

II.A.4.a. For an existing electric utility steam generating nit (as defined in section 

this Part), baseline actual emissions eans the average rate, in tons 

per year, which the unit actually emitted th pollutant during any consecutive 

For a major stationary source, means a PAL based on the baseline actual emissions (as d 

section II.A.4. of this Part) of all emissions units (as defined in the Common Provision 

r ulation) at the source that emit or have the potential to emit the PAL pollutant. 

The rate of emiss ns, in tons per year, of a regulated NSR pollutant, 

accordance with se ions 11.A.4.a. through 11.A.4.d. below. 

1I.A.2. Actuals PAL 

All Rights Reserved 

© 2006 Matthew Bender & Co. for the State of Colorado 29 CR 10, 10-06	 Page III 

Any valu of an area that may be affected by a change in air quality. 

fauna, soil, water, visibility, cultural, and odor. 

twenty-four onth period selected by the 0 er or operator within the five year 

period immed tely preceding when the 0 . ner or operator begins actual 

construction of e project. The diVis/r'on!hall allow the use of a different time 

period upon a de mination that it is ore representative of normal source 

operation.	 / 

IIII."Ii •....,.. A a li\ Tho a"ora"8 V\JI ate .. sh..,lI.Jncl

I\,AU •'rle f, ,,.,;t;"e e~'ls~'l~n~ ..:;)UI..:;)L "\I/ltl"" II«::IIFII IU~ILlY III to th~ L11'C'CI\.LCIIL ~v.~~.

quantifiable, an mis~rons associated with startups, shutdowns, and 

malfunctions. . 

1I.A.4.a.(ii) The average ~{e s II be adjusted downward to exclude any noncompliant emi~~ns tha occurred while the source was operating above 

any emission ,Hmitation th was legally enforceable during the 

consecutiveA'wenty-four mo th period. 

/ 

II.A.4.a.(iii) For ~egulated NSR polluta t, when a project involves multiple 

emissi,¢ns units, only one consec tive twenty-four month period may be 

use !fo determine the baseline act I emissions for the emissions units 

be' g changed. A different consecutl e twenty-four month period can be 

ed for each regulated NSR pollutant. 

.(iv) The average rate shall not be based 0 any consecutive twenty-four 

month period for which there is inadequate I formation for determining 

annual emissions, in tons per year, and for a sting this amount if 

required by section 1I.A.4.a.(ii). 

".A.~ For an existing emissions unit (other than an electric utility eam generating I unit), baseline actual emissions means the average rate, in t s per year, at 

which the emissions unit actually emitted the pollutant during a consecutive 

/	 twenty-four month period selected by the owner or operator with the ten year 

period immediately preceding either the date the owner or operato egins actual 

construction of the project, or the date a complete permit application' received 

by the division for a permit required under this Part D, except that the n year 

period shall not include any period earlier than November 15, 1990. 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-5 

,{J~T.
malfunctions. 

Page 112 29 CR 10, 10-06 

II.A.4.b.(i) The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, an 

IIA4.b.(ii) The average rate shall be adjusted downward to exclude an noncompliant emissions that occurred while the source was oper. ting above 

an emission limitation that was legally enforceable during t 

consecutive twenty-four month period. 

11.A.4.b.(iii) The average rate shall be adjusted downward to e c1ude any 

emissions that would have exceeded an emission Ii itation with which 

the major stationary source must currently comply. ad the major 

stationary source been required to comply with ch limitations during 

the consecutive twenty-four month period. Ho ver, if an emission 

limitation is part of a maximum achievable c trol technology standard 

contained in Part E of Regulation No.8, th¥'baseline actual emissions 

need only be adjusted if the State has ta~n credit for such emissions 

ductions in an attainment demonstraij6n or maintenance plan. 

/

II.A.4.b.(iv) r a regulated NSR pollutant, ~en a project involves multiple 

emiss ns units, only one consec five twenty-four month period must be 

used to etermine the baseline tual emissions for the emissions units 

being ch ged. A different co ecutive twenty-four month period can be 

used for ea h regulated NS pollutant. 

!IA4.b.(v) The averag rate shaJtnot be based on any consecutive t\oVenty-four 

month period for hich ere is inadequate information for determining 

annual emissions, . ns per year, and for adjusting this amount if 

required under sec ns II.A.4.b.(ii) and II.A.4.b.(iii) of this Part. 

1I.A.4.c. For a new emissions u " the b eline actual emissions for purposes of 

determining the emiss' ns increa that will result from the initial construction 

and operation of su unit shall eq I zero; and thereafter, for all other purposes, 

shall equal the uni potential to emit s defined in section 1.8.35. of Part A of 

this regulation). 

11.A.4.d. For a PAL fo. a major stationary source, tH baseline actual emissions shall be 

calculated f r existing electric utility steam g erating units in accordance with 

the proce ures contained in section II.A.4.a., other existing emissions units in 

accord ce with the procedures contained in se ion II.A.4.b., and for a new 

emiss' ns unit in accordance with the procedures \:,tained in section II.A.4.c. 

liAS. Baseline ea \ 

Any intrastate area (and every part thereof) designated a attainment or 

unclassifiable under sections 107(d)(1)(D) or (E) of the Fe ral Act in which the 

major source or major modification establishing the minor so ce baseline date 

would construct or would have an air quality impact equal to 0 reater than one 

microgramlcubic meter ((g/m3) (annual average) of the pollutant r which the 

minor source baseline date is established. 

II.A.S.b. Area redesignations under section 107(d)(1 )(D) or (E) of the Federal t cannot 

intersect or be smaller than the area of impact of any major stationary s 

major modification that: 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS
 
© 2006 Matthew Bender & Co, for the State ofColorado 29 CR 10, 10-06 Page 113 

All Rights Reserved 

IIA5.b.(i) Establishes a minor source baseline date, or 

IIA5.b.(ii) Is subject to this Part 0, and would be constructed in the same 

as the state proposing the redesignation. i 

ILA.5.c. Any baseline area established originally for the total suspended parti late 

increments shall remain in effect and shall apply for purposes of de rmining the 

amount of available PM 10 increments, except that such baseline rea shall not 

remain in effect if the permit authority rescinds the correspondi minor source 

baseline date in accordance with section ILA.25.c. 

IIA6. Basel e Concentration .I 

The ambient con ntration level that exists in the baseline area at the tke of the applicable 

minor source basel e date. A baseline concentration is determined 1&'~ach pollutant for which a 

minor source baselin date is established and shall include: I 

ILA.6.a. The act I emissions representative of source~existence on the applicable 

minor sou e baseline date, except as othe~e"~rovided in this definition; and 

ILA.6.b. The allowable missions from major stati~ry sources that commenced 

construction be re the major source b~eline date, but were not in operation by 

the applicable mi r source baSelinjQ6te. 

ILA.6.c. The following will not e includ~~t the baseline concentration and will affect the 

applicab!e maximum al. 'NablerreaS8(S): 

IIA6.c.(i) Actual emission tfc,m any major stationary source on which 

construction com ced after the major source baseline date; and 

IIA7. 

Initiation of physical on-site co truction activities on an e issions unit that are of a permanent 

nature. Such activities inclu ,but are not limited to, instal tion of building supports and 

foundations, laying of unde round pipe work, and constructi of permanent storage structures. 

With respect to a change' the method of operation, this term fers to those on-site activities 

other than preparatory tivities that mark the initiation of the ch ge. 

ILA.8. Best Availa e Control Technology (BACT)
 

An emission lim' tion (including a visible emissions standard) based on
 

reduction of e h air regulated NSR pollutant sub'ect to re ulation under e Federal Act that 

would be e . ed from any proposed major stationary source or major modi ation that the 

division or ommission, on a case-by-case basis, taking into account energy, nvironmental, and 

economi impacts and other costs, determines is achievable for such source 0 odification 

throug application of production processes or available methods, systems, and chniques, 

inclu ng fuel cleaning or treatment or innovative fuel combustion techniques for co trol of such 

pol tant. In no event shall application of the best available control technology result' emissions 

o any pollutant that would exceed emissions allowed by the applicable standards in tH Code of 

ederal Regulations, Title 40, Parts 60 and 61 (Regulation No.6, Part A, and Regulatio 0.8, 

Part A) as in effect on the effective date of this clause, but not including later amendment unless 

such amendments are specifically incorporated by reference in accordance with the provisi s of 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5
 
Page 114 29 CR 10, 10-06 

Colorado Revised Statutes section 24-4-103 (12.5). Information as to the availability of such 

standards may be obtained from the Director, Air POllution Control division, Colorado Depart 

of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 802 ­

1530. 

division or commission determines that technological or economic limitations on e 

appl ation of measurement methodology to a particular emissions unit would make e 

imposl 'on of an emissions standard infeasible, it may instead prescribe designs, uipment, work 

practice operational standards or combination thereof, to satisfy the requireme t for the 

applicatio of best available control technology. Such standard shall, to the d ree possible, set 

forth the e sions reduction achievable by implementation of such design, uipment, work 

practice or op ration and shall provide for compliance by means that achie e equivalent results. 

Any technology, incl ing technologies applied at the pre-combusti , combustion, or postcombustion stage, at a ew or existing facility that will achieve si ificant reductions in air 

emissions of sulfur dioxi or oxides of nitrogen associated wit he utilization of coal in the 

generation of electricity, 0 rocess steam which was not in i' espread use as of November 15, 

1990. 

II.A.10. Clean Coal Technology emonstration Project 

A project using funds appropriated der the headin 'Department of Energy-Clean Coal 

Technology," up to a total amount of .5 billion for: ommercial demonstration of clean coal 

technology, or similar projects funded t. ough ap ropriations for the U.S. EPA. The federal 

contribution for a qualifying project shall at I st twenty percent of the total cost of the 

demonstration project. 

II.A.11. Complete 

In reference to an application for a rna' r NSR per it, an application that contains all the 

information necessary for processin he applicatio Designating an application complete for 

purposes of permit processing do not preclude the 'vision from requesting or accepting any 

additional information. 

, a complete application for permit to construct a major source 

ification subject to the requirem nts of this Part D shall include: 

onitoring data required pursuant to this gulation and an analysis of 

t air quality in accordance with section VI. . of this Part; 

11.A.11.a... The impact analysis required by section VI.A.2. 0 his Part, a written 

mmary of the data inputs to the model, and a topogra hic presentation of the 

resultant concentrations of each pollutant modeled for ea applicable ambient 

standard or Prevention of Significant Deterioration increme within the impact 

area of the source; 

.A.11.a.(iii) A report of the regulatory status of the model pursuant to se 

Part A; 

II.A.11.a.(iv) A demonstration that the proposed technological system of conti ous 

emission reduction that is to be used will enable such source to comply 

continuously with the standards of performance that are to apply to such 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS
 
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All Rights Reserved 

and that the emission inputs to the model for the impact analysis are equivale 

to the emissions allowed by such standards of performance; 

11.A.11.a.(v) A description of the devices or systems that will be installed to monit 

emissions of each pollutant that will be emitted in significant amounts, 

maintaining such devices or systems, and the schedule and format f reporting 

the results of such emission monitoring to the division; 

A.11.a.(vi) The additional impact analysis required by section VI.A.6. this Part, any 

demonstration of facts needed to establish a claim by the app' ant to qualify for 

any exemption or exclusion under section VI.B. of this Part; 

II.A.11. (vii) A schedule of construction in accordance with sect' n III.G.2. of Part B; 

II.A.11.a.(vl· An additional copy of the application for the fe ralland manager of each 

affec d Class 1 area, for the U.S. EPA, for the co ty commissioner, and for 

public tice (county clerk). Two additional copie shall be submitted for 

intereste public groups. L 

11.A.12. Construction 

Any physical change or change the method of operati n (inclUding fabrication, erection, 

installation, demolition, or modific 'on of an em7'SSionunit) that would result in a change in 

actual emissions 

!! .,/)." 13. Emissions Unit 

Any part of a stationary source that emits /uld have the potential to emit any regulated NSR 

pollutant and includes an electric steam-ge ting unit as defined in section /I.A. 14. of this Part. 

For purposes of this Part D, there are two pe of emissions units described in section /I.A. 13.a. 

and /I.A.13.b., below. /

.. 1/.A.13.a. A new emissions ukis anyemiss ns unit that is (or will be) newly constructed 

and that has eXist,iJ for less than two ears from the date such emissions unit 

first operated. 

\ II.A.13.b. An existing missions unit is any emissio unit that does not meet the 

requireme s in section 11.A.13.a., above. A placement unit (as defined in 

section II .39. of this Part) is an existing emis 

11.A.14. Electric Utility team Generating Unit 

Any steam electri enerating unit that is constructed for the purpose 

third of its poten' I electrical output capacity and more than twenty-five egawatts electrical 

output to any llity power distribution system for sale. Any steam supplie to a steam distribution 

system for t purpose of providing steam to a steam-electric generator tha ould produce 

electrical e ergy for sale is also considered in determining the electrical ener output capacity of 

the affec d facility.
 

IloA.1!Federal Land Manager (FLM)
 

,irespect to any lands of the United States, the secretary of the department with au orityover 

juCh lands. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5
 
Page 116 29 CR 10, 10-06 

II.A.16. High Terrain 

Any area having an elevation nine hundred feet or more above the base ofthe stack of as 

I ..17. Hydrocarbon combustion flare 

Eithe a flare used to comply with an applicable new source performance standard maximum 

achiev Ie control technology standard (including uses of flares during startup, sh tdown, or 

malfunc n permitted under such standard), or a flare that serves to control emi sions of waste 

streams c prised predominately of hydrocarbons and containing no more th 230 mg/dscm 

hydrogen s 'de. / 

II.A.18. Innovatl e Control Technology / 

Any system of air p ution control that has not been adequately dem~hstrated in practice, but 

would have a substa 'allikelihood of achieving greater continuowyemissions reduction than any 

control system in curre practice or of achieving at least comparj:IDle reductions at lower cost in 

terms of energy. econom s, or non-air quality environmental racts. 

1I.A.19. Low Terrain / 

/ Any area other than high terrain. /

II.A.20, Lowest Achievable Emissio Rate (LAER) / 

l 

For any source, the more stringent rate s: emiSS~S based on the following: 

I 

1I.A.20.a, The most stringent emiss 'limit contained in any state implementation plan for 

such class or category of s 'nary source, unless the owner or operator of the 

proposed stationary sour onstrates that such limits are not achievable; or 

11.A.20.b, The most stringent ~ission limi tion that is achieved in practice or can 

reasonabl be ex e ed to occur in actice by such class or category of source, 

takin into consid ation the ollutant at must be controlled, In no event shall 

application of th term permit a propose new or modified stationary source to 

emit any pollutint in excess of the amoun allowable under an applicable new 

source perfojrnance standard (Regulation . 6). 

/­

II.A.21, Major Emissions,nit 

de 

II.A.21.a. Any;kissions unit that emits or has the potentia a emit one hundred tons per 

yealor more of the PAL pollutant in an attainment a a; or 

'" II.A.21.b/~ny emissions unit that emits or has the potential to e 't the PAL pollutant in 

,Ian amount that is equal to or greater than the major stati ary source threshold 

1/ (as defined in section 11.A.24. of this Part) for the PAL pollut t for nonattainment 

areas. For example, in accordance with the definition of a rna r stationary j ' 

I source (as defined in section 11.A.24.of this Part), an emissions nit would be a 

/ major emissions unit for volatile organic compounds if the emissi s unit is 

/ located in an ozone nonattainment area and emits or has the pote 'al to emit 

/ one hundred or more tons of voc per year. 

/1 

CODE OF COLORADO REGULATIONS
 
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All Rights Reserved 

Ma1\:lfoofW:ldification 

~"",.rd~

~~""""p

--­ Any physical change in or change I h ~afi;n of, or addition to, a major stationary 

source that would result in a siQ.Oifi.GafltTfe emls . rease of any air a regulated NSR 

pollutant sub'ect to rcrnunder the Federal Act or the takln Into account all 

emissi ~ases and increases at the source that would accom an . ication and a 

gnificant net emissions incre~ofJ.hat f?9"utant from the major staJionary source. 

II.A.22.a. AnylSlU'Um:alJp 8"';'1;=1 ;'''8'1888 treFR 8"" 8 ....i•• ';,]1 to pits t '~ net emissions 

increaseei a ' lai'~j;F 8te#8F18~' sO/Ul:athat is significant for volatile organic 

compounds or I\JOx shall be considered significant for ozone. 

11.A.22.b. In the Denver Metropolitan PIVl10 nonattainment area, any net emission7 

increase that is significant for sulfur dioxide or nitrogen oxides shall be 

considered significant for PM1 O. // 

. 1I.A.22.c. A physical change or change in the method of operation shall no~ude routine maintenance, repair, and replacement. 

II. 2.d. A physical change or change in the method of operation, u ess previously
 

limited by any enforceable or federally enforceable permit ndition that was
 

stablished after January 6, 1975 for sources in attainm t or unclassifiable
 

a as and after December 21, 1976 for sources in no ttainment areas, shall not 

inc e: ./ 

IL,.6.,.22._.'i} Use of an alternative fuel or raVJ m ria! by reason of an order in 

eft ct under sections 2(a) and (b) of e Federal Energy Supply and 

Envi nmental Coordination Act of 974 (or any superseding legislation), 

a proh ition under the Power PI t and Industrial Fuel Use Act of 1978 

(or any s erseding legislatio or by reason of a natural gas curtailment 

plan in effe pursuant to th ederal Power Act; 

5 CCR 1001-5 

.d.(iv)(A) the stationary sou e in a nonattainment area was 

capable of accommodating rior to December 21, 1976, unless 

such change would be prohibi d under a federally enforceable 

permit condition, or 

II.A.22.d.(iv)(C) the source is approved to use under any 

under this Regulation NO.3. 

II.A.22.d.(iv)(B) the stationary source in an a inment or unclassifiable 

area was capable of accommodating p r to January 6, 1975 

unless such change would be prohibited 

enforceable permit condition, or 

II.A.22.d.(v) An increase in the production rate, unless such change wo 

prohibited under a federally enforceable permit condition; 

fuel because of an order or rule under section 

CODE OF COLORADO REGULATIONS
 
Page 118 29 CR 10, 10-06 

II.A.22.d.(viii)(B) Other requirements necessary to 

the National Ambient Air Quality Standar 

and after it is terminated. 

1I.A.22.d.(viii)(A) The Colorado State Implementation P n, and 

II.A.22.d.(vi) An increase in the hours of operation, unless such increase woul 

be prohibited under a federally enforceable permit condition; or 

II.A.22.d.(viii) The installation, operation, cessation, or removal of at porary 

clean coal technology demonstration project, if the project mplies with: 

11.A.22.d.(vii) Any change in ownership of a stationary source. 

·elY clean coal fired electric utility steam 

For major stationary sources in attafment areas: .,to. 

I.A.22.d.(ix)(A) The installation or op~r~ti'~n of a permanent clean coal 

technology demonstration pro~ct that constitutes re-powering, 

provided that the project doel not result in an increase in the 

potential to emit of any regyfated pollutant emitted by the unit. 

The exemption shall app,Jlon a pollutant-by-pollutant basis. 

I 

II.A.22.d. )(B) the reactivat~of a very clean coal fired electric utility 

ste generating urnt. 

11.A.22.f. Emissions cause by indirect source of pollution, emissions from internal 

combustion eng· es on any vehicle, an emissions resulting from temporary 

construction 0 xploration activities shal e excluded in determining whether a 

major modifi tion will occur. 

Emissio from on-going construction are not nsidered to be temporary 

s, and are included in determining whet "a major modification will 

F itive emissions from the listed sources in section I .24.a. and any other 

ationary source category that, as of August 7, 1980 w 

.sections 111 or 112 of the Federal Act (as adopted in Re lations Nos. 6, Part A, 

and 8, Parts A and E) shall, to the extent quantifiable, be c 

calculating the potential to emit of the modification. 

ajor Source Baseline Date 

II.A.23.a. In the case of particulate matter and sulfur dioxide, January 6, 19 

11.A.23.b. In the case of nitrogen dioxide, February 8,1988. 

Major Stationary Source '\ \ 

CODE OF COLORADO REGULATIONS 
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II.A.24.a. For the purpose of determining whether a source in an attainment or 

unclassifiable area is subject to the requirements of this Part D, major statio 

source means: 

11.A.24.a.(i) Any of the following stationary sources of air pollutants tha mits, or 

has the potential to emit, one hundred tons per year or more f any 

pollutant subject to regulation under the Federal Act: 

II.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of 

million British thermal units per hour heat inp 

II.A.24.a.(i)(B) Coal cleaning plants (with thermal 

II.A.24.a.(i)(C) Kraft pulp mills 

II.A.24.a.(i)(D) Portland cement plants 

.24.a.(i)(E) Primary zinc smelters 

II.A.24.a.(i)(P) Carbon black plants (furnac 

II.A.24.a.(i)(Q) Primary lead smelters 

II.A.24.a.(i)(R) Fuel conversion plants 

II.A.24.a.(i)(S) Sintering plants 

II.A.24.a.(i)(T) Secondary metal production plants 

II.A.24.a.(i)(U) Chemical process plants 

II.A.24.a.(i)(V) Fossil fuel boilers (or combinations thereof) totali . 

than 250 million British thermal units per hour heat input 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5
 
Page 120 29 CR 10, 10-06 

capacity exceeding 300,000 barrels 

II.A.24.a.(i)(X) Taconite ore processing plants 

II.A.24.a.(i)(Y) Glass fiber processing plants 

II.A.24.a.(i)(Z) Charcoal production plants 

II.A.24.a.(i)(W) Petroleum storage and transfer units with a total sto 

ii) Notwithstanding the stationary sour size specified in section 

II. . 4.a.(i), any stationary source th emits, or has the potential to emit, 

two h dred and fifty tons per ye r more of any air pollutant subject to 

regulatio nder the Federal A . 

/ 

A.24.c.Major stationary source includes any physical change that would a ur at a 

stationary source not otherwise qualifying as a major stationary sourc nder 

sections 11.A.24.a and II.A.24.b. of this Part, jf the change would constitut 

major stationary source by itself. 

11.A.24.d.A major stationary source that is major for volatile organic compounds or NOx 

shall be considered major for ozone, except that emissions of negligibly reactive 

volatile organic compounds, as defined in the Common Provisions, shall not be 

included in the determination of major stationary source status for ozone. 

-..:---------------------_...,.......~-

II.A.24.e.The fugitive emissions of a stationary source shall not be included in 

determining for any of the purposes of this section whether it is a r stationary 

source, unless the source belongs to one of the categories 0 tionary sources 

d in section II.A.24.a.(i) or any other stationary sour ategory which, as of 

Augu , 1980, is regulated under section 111 or j.: of the Federal Act. 

/"" 

II.A.24.f.Emissions cau by indirect air pollutio ~es (as defined in section 1.8.22. 

of Part A of this reg ion), emissio rom internal combustion engines on any 

vehicle, and emissions r ti om temporary activities, such as construction 

or exploration, shall be e in determining whether a source is a major 

stationary source. sions from oing construction are not considered to 

be temporary . sions and are includ . 

mOdifi~W'Will occur. 

,po 

11.A.24.~ajor stationary source in the Denver Metro PM10 inmenUmaintenance 

area that is major for sulfur dioxide or nitrogen oxides shall considered major 

for PM10. ......... 

"-'-. 

'" 

determining whether a major 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS
 
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II.A.25.a.The earliest date after the trigger date that a major stationary source or a ajor 

modification subject to the requirements of section VI. of this Part D sub its a 

complete application under the relevant regulations. The trigger date i . 

In the case of particulate matter and sulfur dioxide 

In the case of nitrogen dioxide, February 8, 1 

The baseline date is established for each pollutan or which increments 

r other equivalent measures have been established if: 

The area in which the proposed sou e or modification would 

construct is designated as attainment or u lassifiable under sections 

107(d)(1)(D) or (E) of the Federal Act for e pollutant on the date of its 

mplete application under section VI. this Part; and 

In the case of a major stati ary source the pollutant would be 

II.A:. 5.b.(i) 

II.A.25.a.(ii) 

II.A.25.a.(i) 

1977; and 

II.A.25. Minor Source Baseline Date 

emitte in significant amounts, or n the case of a major modification, 

there w Id be a significant net missions increase of the pollutant. 

II.A.25.c. Any minor source	 aseline date es blished originally for the Total Suspended 

Particulates increme shall rem . in effect and shall apply for purposes of 

determining the amoun of avail.... Ie prv11 0 increments, except that the division 

may rescind any such ml or s rce baseline date where it can be shown, to the 

satisfaction of the division, the emissions increase from the major stationary 

source, or the net emission . crease from the major modification, responsible 

for triggering that date di ot suit in a significant amount of PM10 emissions. 

II.A.26. Net Emissions Increase 

II.A.26.a. With respect to y regulated NSR lIutant emitted by a major stationary 

source, the amo t by which the sum 0 the following exceeds zero: 

II.A.26.a.(i) issions from a particular physical 

ch ge or change in the method of 0 eration at a stationary source 

c Iculated pursuant to sections I.A.2. t 

; and 

6.a.(ii) Any other increases and decreases' actual emissions at the 

major stationary source that are contemporan ous with the particular 

change and are otherwise creditable. Baseline tual emissions for 

calculating increases and decreases under this p agraph shall be 

determined as provided in the definition of baseline ctual emissions, 

except that paragraphs 1I.A.4.a.(iii) and II.A.4.b.(iv) 0 his Part D shall 

not apply. 

II.A.26.b. Contemporaneous - an increase or decrease in actual emissions's 

contemporaneous with the increase from the particular change only it occurs 

within five years prior to the date that the increase from the particular 

occurs. 

II.A.26.c. An increase or decrease in actual emissions is creditable only if: 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-5 

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5 CCR 1001-5
 

29 CR 10, 10-06 

11.A.26.c.(i) It occurs within five years before the date that the increase or 

decrease occurs; 

1I.A.26.c.(ii) The division has not relied on it in issuing a permit for the so ce 

under Regulation No.3, or the U.S. EPA has not relied on it in . suing a 

permit under Title I, Part C of the Federal Act, which permit i In effect 

when the increase in actual emissions from the particular c ange occurs; 

and 

II.A.26.c.(iii) The owner or operator provides credible, demon rable evidence to 

the division of what actual emissions were before ing the increase or 

decrease and what they were after making the in ase or decrease; and 

order to establish a baseline emissions rate, the 0 ner or operator must 

su it an Air Pollutant Emission Notice to the divisi prior to the increase or 

decr se indicating actual emissions (as defined i section II.A.1. of this of Part) 

and th owner or operator must submit a revised ir Pollutant Emission Notice to 

the divisl n within one year after the increase decrease occurs, or 

II.A.26.e. An increas	 or decrease in actual emissio s of sulfur dioxide, particulate 

matter, or nitr en oxides that occurs bef e the applicable minor source 

baseline date is reditable only if it is re ired to be considered in calculating the 

amount of maxim allowable increa s remaining available. With respect to 

particulate matter, Iy PM10 emiss' ns can be used to evaluate the net 

emissions increase f PM10. 

II.A.26.f. An increase in actual e 'ssio is creditable only to the extent that the new level 

e old level. 

11.A.26.g. A decrease in actual e . 

II.A.26.g.(i) The divisi has not r 'ed on it in issuing any permit under this Part 

D, or has n relied on it in monstrating attainment or reasonable 

further pr ress: 

II.A.26.g.(ii) T old level of actual emissl ns or the old level of allowable 

emi Ions, whichever is lower, exc ds the new level of actual 

e	 . sions; 

II.A.26.	 .(iii) It is federally enforceable as a pracb<;al matter at and after the time 

that actual construction on the particular c nge begins; and 

.26.g.(iv) It has approximately the same qualitative ignificance for public 

health and welfare as that attributed to the incr se from the particular 

change; and 

6.h. An increase that results from a physical change at a source	 ccurs when the 

emissions unit on which construction occurred becomes opera nal and begins 

to emit a particular pollutant. Any replacement unit that requires hakedown 

becomes operational only after a reasonable shakedown period, n to exceed 

one hundred and eighty days. 

1I.A26.i. Section 1I.A1.a. of this Part shall not apply for determining creditable i 

and decreases after a change. 

CODE OF COLORADO REGULATIONS 
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II.A.26.j. The organic compounds referenced in the common provisions definition of 

negligibly reactive volatile organic compounds are neither counted as reactiv 

volatile organic compounds in determining significant ozone increases nor 

creditable against an increase in emissions of any volatile organic comp nd. 

11.A.26.k. Creditable Decreases for Fuel Switching. 

\ Generally, for credit to be given for the emissions reduction in pot tial to emit or 

\	 actual emissions resulting from a physical change or change in ethod of 

operation of a major stationary source occurring on or after th effective date of 

this rule, an Air Pollutant Emission Notice reporting such re ction must be filed \ 

''iithin one year after the reduction occurs unless an exten on is requested by 

e source and approved by the division due to uncertai as to the permanence 

o such reduction. At the time credit for any reduction' requested, such 

re~ction must be enforceable. Such reductions mus e enforceable through 

perm,conditions or source specific state impleme tion plan revisions. 

II.A.27. Nonattainment '~or New Source Review (NSR) Progr 

\ 

A major stationary source pr'a(;onstruction permit program t t has been approved by the 

Administrator and incorporatet1'J[lto this Regulation NO.3. ny permit issued under the program 

is a major NSR permit. \ 

II.A.28. PAL Effective Date \\.. I 

" 

(.;AnAr::l1/1/ _ •mAans ..,; thl:> rl:>tl:> ...........,_ nf ...........isc":>n,..I:> "",u .~ thl:> D" I ormit I-Jr"'Jeve',L .:1 .......... •• r the p'"L offo,..ti\lo v"""""L'"",",,UNat'" f:"r V anII
 J •• •• ..., .....""UJ\."..."M_ "'-'",,, ... I.V"" M v
 

increased PAL is the date any emissions\t.nit th t is pari of the PAL major modification becomes 

operational and begins to emit the PAL pOntzt t. 

11.A.29. PAL Effective Period	 \ 

The period beginning wfth the PAL erfve dat~ending ten years tater. 

II.A.3D. PAL Major Modification \\ 

'. 

Notwithstanding sections 1I.A.2 and 1I.A.26. of this Pari the definitions for major modification 

and net emissions increase), ny physical change in or cha e in the method of operation of the 

PAL source that causes it t emit the PAL pollutant at a level qual to or greater than the PAL. 

1I.A.31. PAL Permit 

The pOlluta}for which a PAL is established at a major stationary source. 

1I.A.33'jJ:ant-wide Applicability Limitation (PAL) 

An ission limitation expressed in tons per year, for a pollutant at a major stationa source, that 

is nforceable as a practical matter and established source-wide in accordance with s 

this Pari D. 

CODE OF COLORADO REGULATIONS
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11.A.34. Prevention of Significant Deterioration (PSD) Permit 

Any permit that is issued in accordance with section VI. of this Part D. 

A ph ical change in, or change in the method of operation of, an existing major st 

source. 

. The maximum annual rate, in tons per year, at which an xisting emissions unit 

t a major stationary source is projected to emit a regul ad NSR pollutant in any 

o of the five years (twelve-month period) following t date the unit resumes 

reg ar operation after the project, or in anyone of t ten years following that 

date, . the project involves increasing the emissio unit's design capacity or its 

potentl ~toemit of that regulated NSR pollutant d full utilization of the unit 

would re· It in a significant emissions increase r a significant net emissions 

increase a ~e major stationary source. 

\. 

II.A.36.b. In determini!\ the projected actual emis Ions under section II.A.36.a., above, 

before beginnin~actual construction, th owner or operator of the major 

stationary source:\ 

\ 

1I.A.36.b.(i) Shall con 'der all relev nt information, including but not limited to, 

historical oper 'onal dat ,the company's oVv'n representations, the 

company's expe ed b iness activity and the company's highest 

projections of busi activity, the company's filings with the State or 

Federal regulatory thorities, and compliance plans; and 

\ 

II.A.36.b.(ii) Shall inclu fugitiv' emissions to the extent quantifiable, and 

emissions as ciated wit tartups, shutdowns, and malfunctions; and 

II.A.36.b.(iii) Shall xclude, in calculat g any increase in emissions that results 

from the articular project, that ortion of the unit's emissions following 

the pr ect that an existing unit c Id have accommodated during the 

cons cutive twenty-four month pe~d used to establish the baseline 

ac al emissions under section II.A..¢\of this Part D and that are also 

related to the particular project, incl~ing any increased utilization due 

·0 product demand growth; or, \~

6.b.(iv) In lieu of using the method set out in s tions 1I.A.36.b.(i) through 

II.A.36.b.(iii), may elect to use the emissions it's potential to emit, in 

tons per year, as defined in section I.B.35. of P~A of this regulation. 

Ivation of Very Clean Coal-fired Electric Utility Steam Genera g Unit 

Any phy	 , al change or change in the method of operation associated with the mmencement of 

ial operations by a coal-fired utility unit after a period of discontinued op ation where 

\ 

1I.A.37.a. Has not been in operation for the two year period prior to the enact nt of the 

Clean Air Act Amendments of 1990, and the emissions from such unit c ntinue to 

be carried in the permitting authority's emissions inventory at the time of t e 

enactment; 

\
 

5 CCR 1001-5	 CODE OF COLORADO REGULATIONS
 
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11.A.37.b. Was equipped prior to shut-down with a continuous system of emissi control 

that achieves a removal efficiency for sulfur dioxide of no less th Ighty-five 

ercent and a removal efficiency for particulates of no less ninety-eight 

p nt; 

11.A.38. Regulated NSR Pol t 

,../ 

1I.A.38.a""Mtrogen oxides or any volatile organic compound; ~~."...""" 

",,.--1fJ(38.b. Any pollutant for which a national ambient air quality standard has 6 

,.,." /~ promulgated; 

II.A.38.c. Any pollutant that is a constituent or precursor of a general pollutant listed 

under sections 11.A.38.a. or II.A.38.b., above,(e.g. volatile organic compounds 

and oxides of nitrogen are precursors for ozone) provided that a constituent or 

precursor pollutant may only be regulated under NSR as part of regulation of the 

general pollutant; 

II.A.38.d. Any pollutant that is subject to any standard promulgated under section 111 

the Federal Act; 

.A.38.e. Any pollutant that otherwise is subject to regulation under the Feder Act, 

except that any or all hazardous air pollutants either listed in secti 112 of the 

Federal Act (that have not been delisted pursuant to section 11 )(3) of the 

ederal Act) or Appendix B of this regulation are not regulat NSR pollutants 

un ss the listed hazardous air pollutant is also regulated a constituent or 

prec or of a general pollutant listed under section 1 of the Federal Act. 

An emissions unit for which al/ th riteria listed in section 7.A.39.a. through 1I.A.39.d. are met. 

No creditable emission reductions s /I be generated ffj shutting down the existing emissions 

unit that is replaced. 

II.A.39.b. The emissions
 

emissions uni
 

. The replaced emissions unit is permanently removed fro the major stationary 

source, otherwise permanently disabled, or permanently bar d from operation 

by a permit that is enforceable as a practical matter. If the repl ed emissions 

unit is brought back into operation, it shall constitute a new emissi s unit. 

CODE OF COLORADO REGULATIONS
 5 CCR 1001-5
Page 126 29 CR 10, 10-06 

II.A.40. Repowering 

11.A.40.a. Replacement of an existing coal-fired boiler with one of the following clean coal 

technologies: atmospheric or pressurized fluidized bed combustion, integrated 

gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined by the 

Administrator, in conSUltation with the Secretary of Energy, a derivative of one or 

more of these technologies, and any other technology capable of controlling 

multiple combustion emissions simultaneously with improved boiler or generation 

efficiency and with significantly greater waste reduction relative to the 

performance of technology in widespread commercial use as of November 15, 

1990. 

II.A.40.b. Repowering shall also include any oil andlor gas-fired unit that have been 

awarded clean coal technology demonstration funding as of January 1, 1991. by 

the Department of Energy. 

II.A.40.5 Representative Actual Annual Emissions 

The average rate. in tons per year. at which the source is projected to emit a pollutant for the two 

year period after a physical change or change in the method of operation of a unit. (or a different 

consecutive two-year period within ten years after the change. where the division determines that 

such period is more representative of normal source operations), considering the effect any such 

change will have on increasing or decreasing the hourly emissions rate and on projected capacity 

utilization. In projecting future emissions. the division shall: 

II.A.40.5(a) Consider all relevant information. including but not limited to, historical 

operational data. the company's own representations. filings with the state or 

federal regulatory authorities, and compliance plans under Title IV of the Federal 

Act: and 

II.A.40.5(b) Exclude, in calculating any increase in emissions that results from the 

particular physical change or change in the method of operation at an electric 

utility steam generating unit, that portion of the unit's emissions following the 

change that could have been accommodated during the representative baseline 

period and is attributable to an increase in projected capacity utilization at the 

unit that is unrelated to the particular change, including any increased utilization 

due to the rate of electricity demand growth for the utility system as a whole. 

II.A.41. Secondary Emissions 

Emissions that occur as a result of the construction or operation of a major stationary source or 

major modification, but do not come from the major stationary source or major modification itself. 

For the purpose of this Part 0, secondary emissions must be specific, well defined, quantifiable, 

and impact the same general area as the stationary source or modification that causes the 

secondary emissions. Secondary emissions include emissions from any offsite support facility 

that would not otherwise be constructed or increase its emissions except as a result of the 

construction or operation of the major stationary source or major modification. Secondary 

emissions do not include any emissions that come directly from a mobile source, such as 

emissions from the tailpipe of a motor vehicle. from a train, or from a vessel. 

II.A.42. Significant 

11.A.42.a. Unless the context otherwise requires, , a significant rate of emissions in tons 

per year is defined as a value that would equal or exceed any of the following: 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS
 
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All Rights Reserved 

Carbon monoxide: 100 tons per year 

Nitrogen Oxides: 40 (nitric oxide + nitrogen dioxide) tons per year 

Sulfur dioxide: 40 tons per year 

Particulate matter: 25 tons per year particulate matter emissions or, 15 tons per 

year of PM1 0 emissions 

PM10 - Precursors in the Denver Metropolitan PM10 nonattainment area: 40 

tons per year for each individual precursor (nitrogen oxides or sulfur oxides) 

Ozone: 40 tons per year of volatile organic compounds or NOx 

Lead: 0.6 tons per year 

Fluorides: 3 tons per year 

Sulfuric acid mist: 7 tons per year 

Hydrogen sulfide: 10 tons per year 

Total reduced sulfur (including hydrogen sulfide): 10 tons per year 

Reduced sulfur compounds (including hydrogen sulfide): 10 tons per year 

Municipal Waste Combustor Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per 

year (3.5 x 10-6 tons per year)
 

Municipal Waste Combustor Metals (measured as particulate matter): 14
 

megagrams per year (15 tons per year)
 

Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and
 

hydrogen chloride): 36 megagrams per year (40 tons per year)
 

Municipal Solid Waste Landfill Gases (measured as non-methane organic
 

compounds): 45 megagrams per year (50 tons per year)
 

II.A.42.b. Significant means, in reference to a net emissions increase or the potential of a 

source to emit a regulated NSR pollutant that this definition does not list, any 

emissions rate, except that this definition shall not apply to hazardous air 

pollutants listed in or pursuant to section 112 of the Federal Act. 

11.A.42.c. Notwithstanding the significant emission rates above, significant means any 

emissions rate or any net emissions increase associated with a major stationary 

source or major modification, that would construct within ten kilometers of a 

Class I area, and have an impact on such area equal to or greater than one 

microgram/cubic meter «g/m3 ) (twenty-four hour average). 

11.A.43. Significant Emissions Increase 

For a regulated NSR pollutant, an increase in emissions that is significant (as defined in section 

1I.A.42. of this Part OJ for that pollutant. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5
 
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If 

Page 128	 29 CR 10, 10-06 

II.A.44. Significant Emissions Unit 

An emissions unit that emits or has the potential to emit a PAL pollutant in an amount that' 

qual to or greater than the significant level (as defined in section /I.A.42. of this Part Do in the 

deral Act, whichever is lower) for that PAL pollutant, but less than the amount that w Id 

qu ify the unit as a major emissions unit (as defined in section /I.A.21. ofthis Part). 

An emissi s unit that emits or has the potential to emit the PAL pollutant in a amount less than 

the significa level for that PAL pollutant (as defined in section /I.A. 32. of th' Part 0 or in the 

Federal Act, ichever is lower). 

Clean Coal Technology Demonstration Project 

demonstration project that is operated for period of five years or less, 

and that complies with e state implementation plan and other r uirements necessary to attain 

and maintain the Nationa mbient Air Quality Standards durin9' he project and after it is 

terminated. I 

I 

;-

/

I' III.	 Permit Review Procedures 

IliA	 Major stationary sources subject t the requirements qYthis Part D must apply for and obtain a 

Construction Permit in accordance 'th the procedu~e's and requirements in Part 8 or an 

Operating permit in accordance with t e procedur and requirements in Part C. 

111.8.	 The division shall complete the processin plications (including any requested public 

hearing) for sources subject section VI. of t art D within twelve months of receipt of a 

complete application. 

IV.	 Public Comment Requirements 

IVA	 When pUblic comment is reqUire~,0 when the divis n determines that an application warrants 

public comment in accordance wit section III.C.3. of rt 8 of this regulation, the division shall, 

within fifteen calendar days after e preparation of the eliminary analysis. cause public notice 

of the application to be publish,a in a newspaper of gene I distribution in the area in which the 

proposed project or activity i r will be located, and by suc other means as necessary to assure 

notice to the affected publi which may include posting of su notice on the publicly accessible 

portion of the division's w site, and cause a copy of the appli tion, the preliminary analysis 

and the draft permit to filed with the county clerk for each cou y in which the source is, or will 

be, located. The divis' n shall send written or electronic notice to rsons requesting a notice of 

permit applications fp the type of source or geographic area. 

IVA1.	 For sou~~ subject to the provisions of sections V. and VI. of t 's Part, a copy of all the 

materiiifls the applicant submitted, and a copy or summary of othematerials. if any. 

con . ered in making the preliminary analysis shall be filed with the ounty clerk for each 

co ty in which the source is or will be located. In addition, for sourc subject to the 

ovisions of sections V. and VI., a copy of the written or electronic notl e of public 

/ omment shall be sent to the applicant, the U.S. EPA Administrator, and officials and 

I	 agencies having cognizance over the location where the proposed constru'~ion would 

occur, including any other state or local air pollution control agencies and an',c.,state, 

Indian governing body or Federal Land Manager whose lands may be affected.{>y 

/ / emissions from the source or modification. 

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5 CCR 1001-5	 CODE OF COLORADO REGULATIONS