Colorado Air Quality Control Commission 

Meeting Minutes 

40 CFR Part 51 Appendix V 2.1 (g) 
STATE OF COLORADO 

John W. Hickenlooper, Governor 

Christopher E. Urbina, MD, MPH, Executive Director and Chief Medical Officer 

COLORADO AIR QUALITY CONTROL COMMISSION 

http://www.cdphe.state.co.us 

4300 Cherry Creek Drive South 

OED-OLRA-A5 

Denver, Colorado 80246-1530 

Phone (303) 692-3100 

Fax (303) 691-7702 

TOO (303) 691-7700 

Colorado Department 

of Public Health 

and Environment 

Colorado Air Quality Control Commission 

October 20,2011 

MEETING MINUTES 

Location: Colorado Department of Public Health & Environment 

4300 Cherry Creek Drive South, Sabin Room 

Denver, CO 80246 

Members Present: Saeed Barhaghi 

Dawn Meyers 

Members Absent: Robert Arnott 

Commission Staff: Mike Silverstein 

Division Staff: Will Allison 

Doug Decker 

Ashley Campsie 

Barbara Roberts 

Jim Wilson 

Theresa Martin 

Garry Kaufman 

Gordon Pierce 

Attorney General's Office: Andrea Gelfuso-Goetz 

PUBLIC COMMENT 

Teresa Coons John Loewy 

Jon Slutsky 

Dena Wojtach 

Chris LaPlante 

Chair Roberts asked if there were any members of the public who wished to make a comment on 

any air pollution issue not on the agenda. There were no public comments. 

CALL TO ORDER AND DETERMINATION OF A QUORUM 

Chair Roberts called the meeting to order at 9:00 AM and determined that a quorum of 

Commissioners was now present with six Commissioners. 

APPROVAL OF MEETING MINUTES FOR SEPTEMBER 15, 2011 

Chair Roberts asked the Commission if there were any modifications to the minutes. 

Motion: 

Moved: 

Second: 

Discussion: 

Carried: 

To approve the September 15,2011 Meeting Minutes 

Commissioner Loewy 

Commissioner Campsie 

none 

6-0 
CONSENT AGENDA 

REQUEST FOR WRITTEN COMMENT ONLY RULEMAKING HEARING (FEBRUARY 16, 2012) 

Regulation Number 6, Part A 

A proposal to revise Regulation Number 6, Part A (NSPS) to incorporate by reference changes 

the EPA made to its New Source Performance Standards rules. 

Motion: 

Moved: 

Second: 

Discussion: 

Carried: 

To approve the motion for hearing on February 16, 2012 

Commissioner Coons 

Commissioner Meyers 

none 

7-0 

RULEMAKING HEARINGS 

Regulation Number 12, Part A 

Revisions to Regulation Number 12, Part A to establish emissions exemption and enforcement 

procedures for fleet-owned heavy-duty vehicles based outside the program area as part of a fleet 

registered in the program area, pursuant to the passage ofHB11-1157. 

Motion: 

D 

Moved: 

Second: 

Discussion: 

Carried: 

To adopt the Division's revisions to Regulation Number 3, Parts A, B, C and 

Commissioner Coons 

Commissioner Meyers 

none 

7-0 

REGULAR AGENDA 

Regulation Number 3, Parts A, B, C and D 

Dena Wojtach of the Division presented to the Commission proposed changes to consider 

incorporating the PM2.5 NAAQS Implementation Rules, including significance levels, 

significant monitoring concentrations, significant impact levels that are consistent with federal 

requirements. Wojtach also addressed current exemptions for open burning, mobile source 

engine testing, vacuum pump exhaust, air curtain destructors, back-up generators, and surface 

water impoundments. Campsie suggested adding the word "within" to paragraph III.G.1. and 

removed the comma. 

Motion: 

Moved: 

Second: 

Discussion: 

Carried: 

To adopt the revisions to Regulation Number 3, Parts A, B, C & D as 

proposed by the Division with the change presented in the Errata sheet and 

the change to the 15-day start-up requirement suggested by Commissioner 

Cam psi e. 

Commissioner Slutsky 

Commissioner Coons 

none 

7-0 

2 
BRIEFINGS, DISCUSSIONS AND REPORTS 

Annual Assessment of the Air Quality Impacts from Oil and Gas Operations 

Chris Laplante of the Division presented an assessment ofthe air quality impacts from oil and 

gas operations; an update on the implementation of Regulation Number 7' s oil and gas 

requirements; and many oil and gas regulatory initiatives. Laplante noted that HB 07-1341 led to 

stronger regulatory authority at the COGCC, environmental awareness among operators, and 

communication between the Division and COGCC. Laplante concluded noting that the Division 

was working hard to reduce permit backlogs, innovate, improve efficiencies and reduce 

emiSSIOnS. 

The Commission to a break at 10:22 AM and reconvened at 10:39 AM 

Roberts noted that today's meeting was a joint meeting with the Board of Health and asked that 

everyone introduce themselves to one another. The Board of Health members included Laura 

Davis, Crestina Martinez, Sue Warren and Joan Sowinski. 

Review of the 2011 Ozone Season 

Gordon Pierce and Garry Kaufman of the Division presented the 2011 summertime ozone 

monitoring data and reported on any exceedances or violations of the ozone standards. Pierce 

also reviewed the historical data and projected future values that would be needed to remain 

below the national standard in the next summer season for 2012. Pierce also provided an 

overview of winter ozone levels in the Uinta Basin. Kaufman discussed EPA's decisions on 

revising the ozone NAAQS and the policies that would occur in the near future. 

The Commission to lunch at 11:45 AM and reconvened at 12:30 PM 

Pulmonary Briefing 

Dr. Carl White from National Jewish Health provided his perspectives on air quality and the 

impacts on public health. White's research focused on cellular and molecular biology and 

pulmonary disease. White noted that ozone was a highly reactive in the respiratory tract and 

could injure and inflame the lungs even in a healthy, young adult. White noted that the number 

of emergency or urgent daily respiratory admissions to acute care hospitals was related to 

estimated ozone exposure and included asthma-related patients, COPD-related patients, infants 

and the elderly. White concluded noting that he believed there was a 2-4% increase in death risk 

due to respiratory causes for each 10 ppb increase in [ozone] above a 56 ppb and that we should 

continue working toward lowering the standards. 

Demographic Trends in Colorado 

Dr. Phyllis Resnick provided a presentation and noted that the next 30 years would bring 

significant demographic change to the Denver region and the state of Colorado. Resnick 

commented that the quintessential baby boomer state was projected to become the quintessential 

retirement state and that this demographic shift would affect household size and composition, the 

composition of the labor force, and as a result, behavioral trends sueh as those related to trips and 

travel. Resnick summarized the demographic trends expected over the next 30 years and their 

projected impact on vehicle miles traveled in the state and the Denver region. 

3 
Colorado Environmental Public Health Tracking (COEPHT) Program 

Anna Vigran of the Colorado Environmental Public Health Tracking Program provided the 

Commission with a slide presentation covering the background, purpose, and national scope of 

the Environmental Public Health Tracking program. Vigran also provided a demonstration of 

COEPHT's new website including how to query the data and view the results in multiple 

formats. 

Annual Report to the Public 

Silverstein reviewed the annual report to the public and discussed air quality in the various 

regions of the state. Roberts addressed the letter received from NFRMPO wanting to be a 

separate area and asked how the rest of the Commission felt. The Commission was in agreement 

however it would remain as one air shed area. 

Laura Davis of the Board of Health thanked the Commission for having such a broad area of 

information at this year's meeting as well as providing the Annual Report in advance. 

Division Director's Report- Will Allison 

• CDPHE's Strategic Planning Process that had been developed by various agencies across 

the state that included a plan to align priorities and resources to improve and sustain 

public health and environmental quality. 

• Oil and Gas NSPS: the Division is currently reviewing. 

• S02 1-hour standards are being reviewed and how to implement and model them. 

• Permit processing: the Division is working diligently with others to clear the backlog. 

Commissioner Informational Items 

• Roberts noted that she had heard comments about the IM Program in her many travels 

and noted that she would work with Decker and Silverstein to develop a Pilot Program to 

determine whether we go forward with an IM Program or an OBD Program. Roberts 

asked if the Commission would like to develop a subcommittee that would research the 

variances of the two programs in order to decide which direction to go in the future. 

Allison noted that the Division could provide to Roberts where they had already gone 

with both programs in order to support this process. 

Attorney General's Report- Andrea Gelfuso-Goetz 

• Clean Air-Clean Jobs Act cases 

• WildEarth Guardians case 

• PSCO case 

Administrator's Report- Mike Silverstein 

• Review November agenda items 

• Review of Action Items from today' s Commission meeting 

Adjourn at 3:19PM 

4 
Legal Opinion of the Colorado State Attorney General 

40 CFR Part 51 Appendix V 2.1 (c) and (e) 
JOHN W. SUTHERS 

Atwrncy General 

CYNTHIA H. COFFMAN 

Ch1cf Deputy Allorney General 

DANIEL D. DOMENICO 

Solicitor General 

STATE OF COLORADO 

DEPARTMENT OF LAW 

OFFICE OF THE ATTORNEY 

GENERAL 

STATE SERVICES BUILDING 

1525 Sherman Street - 7th Floor 

Denver, Colorado 80203 

Phone (303) 866-4500 

Fax (303) 866-5691 

Tracking Number: 20 ll-00486 

OPINION OF THE ATTORNEY GENERAL RENDERED IN 

CONNECTION WITH THE RULES ADOPTED BY THE 

Air Quality Control Commission 

ON 10/20/2011 

S CCR 1001-S 

REGULATION No.3 STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE REQUIREMENTS 

The above-referenced rules were submitted to this oftice on 10/25/2011 as required by section 24-4-103, C.R.S. This office has 

reviewed them and finds no apparent constitutional or legal deficiency in their form or substance. 

November 07,2011 08:24:45 MST 

. ....... _,_. __ 

.,. ... )- ~L_Y-~ -:;c, 

JOHN W. SUTHERS 

Anorney General 

by DANIEL D_ DOMENICO 

Solicitor General 
Regulation or Regulation Revisions as Published in the 

Colorado Code of Regulations 

(this is the version that is published by Lexis Nexis) 

40 CFR Part 51 Appendix V 2.1 (b) 
STATE OF COLORADO 

John W. Hickenlooper, Governor 

Christopher E. Urbina. MD. MPH. Executive Director and Chief Medical Officer 

COLORADO AIR QUALITY CONTROL COMMISSION 

http://www.cdphe.state.co.us 

4300 Cherry Creek Drive South 

OED-OLRA-A5 

Denver. Colorado 80246- I 530 

Phone (303)692-3100 

Fax (303) 691-7702 

TOO (303) 691-7700 

May 25,2011 

James B. Martin 

Regional Administrator 

US EPA Region VIII 

1595 Wynkoop Street 

Denver, Colorado 80202 

Dear Mr. Martin: 

Colorado Department 

of Public Health 

and Environment 

RECEIVED 

U.S. EPA Region 8 

RA'aOiftce 

MAY !5 2011 

The following actions are submitted to EPA for final approval and incorporation into the Colorado State 

Implementation Plan pursuant to 40 CFR Part 51, Appendix V, 2.1 (a). Two copies of the materials 

needed for your review of each action are included with this letter. 

• Regulation Number 3: Permitting for PM2.5 and Other Permitting Requirements - The Colorado 

Air Quality Control Commission (Commission) adopted a proposal to revise Regulation Number 

3, Parts A, B, D & E to include PM2.5 as a Colorado regulated pollutant, to address the major 

stationary source definition of"chemical processing plant" to exclude ethanol production 

facilities, to address inadvertent removals of rule revisions previously adopted by the 

Commission, and finally to correct typographical, grammatical and formatting errors. 

• Regulation Number 3 and the Common Provisions - The Commission adopted a proposal to 

revise the rules to incorporate requirements to address the US EPA greenhouse gas tailoring rule 

for permitting stationary sources for greenhouse gas emissions. 

• Aspen PM I 0 Maintenance Plan - The Commission adopted a second ten-year maintenance plan 

for the Aspen area. There were no revisions to the control measures in the plan; however, the 

mobile source emissions budget was reduced. 

• Fort Collins Carbon Monoxide Maintenance Plan- The Commission adopted a second ten-year 

maintenance plan for the Fort Collins area using the Limited Maintenance Plan option. There 

were no revisions to the control measures in the plan. 

I 
lames B. Martin 

1vlay 25, 20 I I 

Page 2 of2 

• Regulation Number 3 & 7 and the Regional Haze State Implementation Plan- The Commission 

adopted a proposal to establish and revise the emission control requirements for identified 

sources subject to the regional haze program. Specifically, the Commission adopted proposed 

changes to the Regional Haze State Implementation Plan (SIP), including adoption of new or 

revised Chapters 1-11 and Appendices A-D ofthe Regional Haze SIP, revisions to Regulation 

Number 3, Parts D and F, and revisions to Regulation Number 7. These revisions would 

establish NOx, S02 and PM Reasonable Progress and Best Available Retrofit Technology 

(BART) determinations for certain Colorado sources. 

We look forward to your timely review and approval of this request. 

The Office of the Colorado Air Quality Control Commission may submit any additional technical 

support documentation or information that you may need for review directly to the EPA. 

Should there be any questions regarding these materials, please contact the Air Quality Control 

Commission Office at 303-692-3478. 

Thank you. 

Sincerely, 

Christopher E. Urbina, MD, MPH 

Executive Director and Chief Medical Officer 

Colorado Department of Public Health and Environment 

cc. Martha Rudolph 

Garry Kaufman 

Mark Komp 

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DEPARTMENT OF PUBLIC HEALTH 

AND ENVIRONMENT 

AIR QUALITY CONTROL COMMISSION 

REGULATION NUMBER 3 

STATIONARY SOURCE PERMITTING AND AIR 

POLLUTANT EMISSION NOTICE REQUIREMENTS 

5CCR 1001-5 

EDITOR'S NOTES* 

Authority Cited: 

See Part G 

History and Amendments: 

Amended 01112178, 1 CR 2. Repealed and readopted 12/14/78, 2 CR 1. Pp. 7-8.01 adopted as an emergency 

regulation 06/07/79,2 CR 7. P. 12 approved 07/12/79, 2 CR 8. Pp. 1-26 repromulgated 06/05/80, EFFECTIVE 

07/30/80, 3 CR 7. Pp. 7-8.25 adopted 05/13/82, EFFECTIVE 06/30/82, 5 CR 6. Pp. 1-52 adopted 03/10/83, 

EFFECTIVE 04/30/83,6 CR 4. Pp. 34-60 adopted 02/07/85, EFFECTIVE 03/30/85,8 CR 3. Pp. 1-61 adopted 

03/20/86, EFFECTIVE 04/30/86, 9 CR 4. Pp. 21-22 reissued due to clerical error by Department of Health, 9 

CR 7. Pp. 1-58 adopted 03/19/87, EFFECTIVE 04/30/87, 10 CR 4. Pp. 59-63 adopted 11119/87, EFFECTIVE 

12/30/87,10 CR 12. P. 42 adopted as emergency regulation 06/16/88, EFFECTIVE 06/16/88, 11 CR 7. Pp. 1-

74 adopted 08/18/88, EFFECTIVE 09/30/88, 11 CR 9. Pp. 48-49 adopted 09/15/88, EFFECTIVE 10/30/88; p. 

48E adopted as emergency regulation 09/20/88, EFFECTIVE 09/20/88,11 CR 10. P. 49 adopted as emergency 

regulation 06/01189, EFFECTIVE 06/01/89; p. 50 adopted as emergency regulation 06/15/89, EFFECTIVE 

06/15/89, 12 CR 7. P. 50 adopted as emergency regulation 09/21/89, EFFECTIVE 09/21/89, 12 CR 10. Pp. 1-

74 adopted as emergency regulation 01118/90,13 CR 2. Pp. 1-78 adopted 05/17/90, EFFECTIVE 06/30/90, 13 

CR 6. Pp. 1-75 adopted 10/17/91, EFFECTIVE 11130/91, 14 CR 11. 

A.G. Opinions: 

1 AG 129; 2 AG 15; 2 AG 162; 3 AG 187; 5 AG 150; 6 AG 110-111; 8 AG 52; 9 AG 88; 9 AG 193; 10 AG 

101; 10 AG 359; 11 AG 206; 11 AG 271; 11 AG 318-319; 12 AG 215-216; 12 AG 341; 13 AG 51-52; 13 AG 

176; 14 AG 360; 

Annotations: 

Colorado-Ute Electric Association v. Air Pollution Control Commission, Colorado Court of Appeals No. 77-

662, November 27, 1981, held that the Air Pollution Control Commission did not have statutory authority to 

issue section II.H.l of Air Pollution Control Commission Regulation No. 3 ( 5 CCR I 00 1-5) governing the 

issuance of air contaminant emission permits. 

Rule IV, H.6, adopted 5/17/90, was not extended by H.B. 91-1257 and therefore expired June 1, 1991. 

*This Title Page does not constitute an official part of any regulation. Information contained on the Title Page is provided by the Publisher 

from sources deemed reliable and is solely for informational and historical purposes. See cautionary note in Introductory Materials, How to 

UsetheCCR. 

0 2011 State of Colorado 

All Rights Reserved. (800) 833-9844 
EDITOR'S NOTES (continued) 

History and Amendments: 

Pp. l-36 adopted 08/20/92, EFFECTIVE 09/30/92, 15 CR 9. Pp. 76-93 adopted as emergency regulation 

l 0/15/92, EFFECTIVE l 0/15/92, 15 CR 11. Pp. l-75 adopted ll/19/92, EFFECTIVE 12/30/92, 15 CR 12. Pp. 

l-142 adopted 06/22/93, EFFECTIVE 08/30/93, 16 CR 8. Pp. l-236 adopted 07/15/93, EFFECTIVE 09/30/93, 

16 CR 9. Pp. 11-15,25-31, 62-63,67-70,95-97 adopted 02/17/94, EFFECTIVE 04/30/94; p. 48 adopted 

03/17/94, EFFECTIVE 04/30/94, 17 CR 4. Pp. 141-142 adopted as emergency regulation 05/19/94, 

EFFECTIVE 05/23/94, 17 CR 7. Pp. 1-120 adopted 08/18/94, EFFECTIVE 09/30/94, 17 CR 9. Pp. 48-60 

adopted 10/20/94, EFFECTIVE 12/30/94, 17 CR 12. Pp. 25-27, 39-43, 125-126, 128-128.02 adopted ll/17/94, 

EFFECTIVE Ol/30/95, 18 CR 1. Pp. 73, 80-81 adopted as emergency regulation 12/15/94, EFFECTIVE 

12/15/94, 18 CR 2. Pp. 73-74 adopted 02/16/95, EFFECTIVE 02/16/95, 18 CR 4. Pp. 5-6,9-14, 16-22,24-25, 

28-30,42-44,49-50, 56-56.01, 62-66, 75-76, 78-80, 83-87,97-98, 100-100.02 adopted 03/16/95, EFFECTIVE 

05/30/95, 18 CR 5. Pp. 45, 73.01, 76-77, 78-82, adopted 05118/95, EFFECTIVE 07/30/95, 18 CR 7. Pp. 1-25, 

46-56, 78-95.01, 104-106, 110-111.01 adopted 08/17/95, EFFECTIVE 10/30/95, 18 CR 10. Pp. 20-24,30-31, 

96-98 adopted 12/21/95, EFFECTIVE 03/0l/96, 19 CR 2. Pp. 44-45 adopted 02/15/96, EFFECTIVE 04/30/96, 

19 CR 4. Pp. 4, 41,41.02-45, 75.01-76, 80-82, 125-128.02 adopted 03/21/96, EFFECTIVE 05/30/96, 19 CR 5. 

Pp. 3-5,25-26,50,64.01-66,76, 119, 145, 147-149, 157-158, 168-169, 179, 184-185,201-202,207-208 

adopted 06120/96, EFFECTIVE 08/30/96, 19 CR 8. Pp. 48-63.05 adopted 10/24/96, EFFECTIVE 12/30/96, 19 

CR 12. Pp. 165-209 adopted 11/21196, EFFECTIVE 01130/97,20 CR 1. Pp. 119-157,227-229 adopted 

ll/18/99, EFFECTIVE 01130/00, 23 CR 1. Pp. 118.01-118.02 adopted 11115/01, EFFECTIVE 12/30/01,24 CR 

12. Pp. 73-118.06, 144-146.01,230-234 adopted 02/21/02, EFFECTIVE 04/30/02,25 CR 4. Adopted 7/18/02, 

EFFECTIVE 9/30/02,25 CR 9. Adopted 10/17/02, EFFECTIVE 12/30/02,25 CR 12. Regulation I.A adopted 

03/21/03, EFFECTIVE 04/30/03,26 CR 4. Adopted 03112/04, 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 03116/06, EFFECTIVE 05/30/06, 29 CR 5. Rule replaced in its entirety, adopted 08/17/06, 

EFFECTIVE 10/30/06,29 CR 10. Rules VI.D.l. and I.LL. adopted 12/15/06, EFFECTIVE 03/04/07,30 CR 2. 

Part A, Section I.A. and Part D adopted by technical correction, 30 CR 6. Rules VI.D.l and I.MM adopted 

10/18/07, EFFECTIVE 11130/07,30 CR 11. PartE -Best Available Retrofit Technology (BART), Rules V.B, 

VI (entire section), I.NN adopted 12/21107, EFFECTIVE 03/01108, 31 CR 2. Rule replaced in its entirety, 

adopted 02/21/08, EFFECTIVE 04/30/08,31 CR 4. Part F, Section IV.B, Part G, Section I.PP adopted 

05/14/08, EFFECTIVE 06/30/08,31 CR 6. Part A, Section VI.D.l, Part G, Section I.QQ adopted 09/18/08, 

EFFECTIVE I 0/30/08, 31 CR 10. Part A, Section II.D.1, Part B, Section II.D.1, Part C, Section II.E.3 adopted 

12/12/08, EFFECTIVE 01130/09; Part F, Sections VI.B and VI.C, Part G, Sections I.A., I.D.I and I.D.VI, I.RR, 

I.SS adopted 12/19/08, EFFECTIVE 01130/09, 32 CR 1. PartE, Part F, Section VI.B. adopted by technical 

correction, 32 CR 8. Regulation replaced in its entirety adopted 10/21110, EFFECTIVE 12/15/10,33 CR 23. 

Part D, Section XIV.F, Part F, Sections I, II.C, IV.A.2., IV.B., IV.B.4., IV.B.4.a., IV.C., IV.D., IV.E., IV.F., V., 

VI., VII., VILE. [TN 2010-00856] adopted 01107/11, EFFECTIVE 02/1411 I, 34 CR 2. 

A.G. Opinions: 

15 AG 361-36IA; 15 AG 455; 15 AG 508; 16 AG 275; 16 AG 306; 17 AG 140-141; 17 AG 269; 17 AG 348; 

17 AG 480; 18 AG 30; 18 AG 77; 18 AG 140; 18 AG 180; 18 AG 251; 18 AG 364; 19 AG 52; 19 AG II I; 19 

AG 125-126; 19 AG 236-237; 19 AG 380; 20 AG 19; 23 AG 8; 24 AG 363; 25 AG 120; 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; 

30 AG Feb 1001-5; 30 AG Nov 1001-5; 31 AG Feb 1001-5; 31 AG Apr 1001-5; 31 AG Jun 1001-5; 32 AG Oct 

1001-5; 32 AG Jan 1001-5- IOOI-5a; 33 AG Nov 1001-5; 34 AG Jan 1001-5 

Annotations: 

Air Pollution Control Division did nof.err by obtaining and reviewing the original visibility data from the 

National Park Service because the Division reviewed and analyzed that information in ultimately arriving at its 

own conclusion. Citizens for Clean Air & Water v. Colo. Dep't of Pub. Health & Env't, 181 P.3d 393 (2008). 

5 CCR 1001-5 Page2 
j 

I 

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EDITOR'S NOTES (continued) 

History and Amendments: 

Part A, Sections I.B.17, I.B.28.c., I.B.3l.c., I.B.3l.d., I.B.44.b.(i), I.B.44.e.(ii)(B), II.C.2.b.(ii), II.D.l.q., 

II.D.l.ppp., II.D.l.sss. to II.D.l.uuu., II.D.l.xxx., II.D.l.dddd., II.D.l.ffff., Part B, Sections Il.D.l.c., II.D.l.m., 

III.G.l., PartC, Sections I.A.7.j., II.E.3.nnn., II.E.3.sss., II.E.3.uuu., II.E.3.yyy., II.EJ.bbbb., X.A.S., XII.A.l., 

Part D, Sections II.A.5.a., II.A.5.b., II.A.23., II.A.24.f., II.A.25.a., II.A.25.b.(i), II.A.26.c. to II.A.26.j., 

II.A.38.c., II.A.38.g., II.A.42.a., III.B., V.A.3., VI.A.2., VI.A.2.c., VI.B.3.a., VI.B.3.c. to VI.B.3.e., VI.D.2., 

X.A.l., X.A.2., XIII.B., XIII.D., Part F, Sections I, liLA., V.A.2., VI.B.l., VI.C.l., Part G, Sections I.C., I.VV. 

[TN 20 11-00486] adopted 1 0/20/ II, EFFECTIVE I2/ I5/ II, 34 CR 22. 

A.G. Opinions: 

34 AG Nov 1001-5 

Annotations: 

© 2011 State ofCo1orado Page 3 5 CCR 1001-5 

All Rights Reserved. (800) 833-9844 
© 2011 State of Colorado 

All Rights Reserved 

34 CR 21 and 22, 11-11 

1.8.16. Continuous Parameter Monitoring System (CPMS) 

Page 5 

All of the equipment necessary to meet the data acquisition and availability requirements of 

Part 0 of this Regulation, to monitor process and control device operational parameters (for 

example, control device secondary voltages and electric currents) and other information (for 

example, gas flow rate, 02 or C02 concentrations), and to record average operational 

parameter va/ue(s) on a continuous basis. 

I. 8.17. Criteria pollutants 

Those pollutants for which the U.S. EPA has established national ambient air quality 

standards, including: carbon monoxide, nitrogen dioxide (direct emissions and as a precursor 

to ozone and PM2.5), sulfur dioxide (direct emissions and as a precursor to PM2.5), PM10, 

PM2.5, total suspended particulate matter, ozone, volatile organic compounds (as a 

precursor to ozone), and lead. 

For the purposes of Air Pollutant Emission Notice reporting, criteria pollutants shall also 

include nitrogen oxides, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, 

reduced sulfur compounds, municipal waste combustor organics, municipal waste combustor 

metals, and municipal waste combustor acid gases. 

1.8.18. Designated Representative 

Means a responsible natural person authorized by the owners and operators of an affected 

source and of all affected units at the source, as evidenced by a certificate of representation 

submitted in accordance with Subpart 8 of Code of Federal Regulations, Title 40, Part 72, to 

represent and legally bind each owner and operator, as a matter of law, in matters pertaining 

to the acid rain program. Whenever the term responsible official is used, it shall be deemed 

to refer to the designated representative with regard to all matters under. the acid rain 

program. 

1.8.19. Draft Permit 

Means a proposed form of a permit that is released to the public for an opportunity for public 

comment and hearing, and for affected state review prior to the Division's final decision on a 

permit application. 

1.8.20. Existing Source 

An air pollutant source that has been constructed, is in operation, or has received an initial 

approval of a construction permit prior to the effective date of applicable requirements. 

1.8.21. Fugitive Dust 

For purposes of this Regulation Number 3, fugitive dust means soil or other airborne 

particulate matter (excluding particulates produced directly during combustion) resulting from 

natural forces or from surface use or disturbance, including, but not limited to, all dust from 

agriculture, construction, forestry, unpaved roads, mining, exploration, or similar activities in 

which earth is either moved, stored, transported, or redistributed; except that fugitive dust 

shall not include any fraction of such soil or other airborne particulate matter that is of a size 

or substance to adversely affect public health or welfare. 

1.8.22. General Permit 

Means a single permit issued to cover numerous similar sources. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page6 

1.8.23. Greenhouse Gas (GHG) 

Means the aggregate group of the following six greenhouse gases: carbon dioxide (C02), 

nitrous oxide (N20), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), 

and sulfur hexafluoride (SF6). These gases are treated in aggregate based on the total 

carbon dioxide equivalent (C02e) as the pollutant GHG. See definition for carbon dioxide 

equivalent (C02e). 

1.8.24. Indirect Source 

A facility, building, structure, or installation, or any combination thereof, excluding dwellings, 

which can reasonably be expected to cause or induce substantial mobile source activity that 

results in emissions of air pollutants that might reasonably be expected to interfere with the 

attainment and maintenance of National Ambient Air Quality Standards. 

1.8.25. Major Source 

Any stationary source or group of stationary sources belonging to the same industrial 

grouping (see Section 1.8.43. of this Part A), that are located on one or more contiguous or 

adjacent properties and are under common control of the same person (or persons under 

common control) that: 

1.8.25.a. Directly emits, or has the potential to emit considering enforceable 

controls, in the aggregate, ten tons per year or more of any hazardous air 

pollutant or twenty-five tons per year or more of any combination of 

hazardous air pollutants, or such lesser quantity of hazardous air pollutants 

as may be established pursuant to the Federal Act. Emissions from any oil or 

gas exploration or production well (with its associated equipment) and 

emissions from any pipeline compressor or pump station shall not be 

aggregated with emissions from other similar units, whether or not such units 

are in a contiguous area or under common control, to determine whether 

such units or stations are major sources, and in the case of any oil or gas 

exploration or production well (with its associated equipment), such 

emissions shall not be aggregated for any purpose under this provision. 

Fugitive emissions shall be considered in determining whether a stationary 

source of hazardous air pollutants is a major source. 

1.8.25.b. Directly emits, or has the potential to emit, one hundred tons per 

year or more of any pollutant subject to regulation. Fugitive emissions shall 

not be considered in determining whether a source is a major source for ' 

purposes of this Section 1.8.25.b., unless the source belongs to one of the 

following categories of stationary sources: 

I.B.25.b.(i) Coal cleaning plants (with thermal dryers); 

I.B.25.b.(ii) Kraft pulp mills; 

I.B.25.b.(iii) • Portland cement plants; 

I.B.25.b.(iv) Primary zinc smelters; 

I.B.25.b.(v) Iron and steel mills; 

I.B.25.b.(vi) Primary aluminum ore reduction plants; 

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I.B.25.b.(vii) Primary copper smelters; 

I.B.25.b.(viii) Municipal incinerators capable of charging more than 250 

tons of refuse per day; 

I.B.25.b.(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

I.B.25.b.(x) Petroleum refineries; 

I.B.25.b.(xi) Lime plants; 

I.B.25.b.(xii) Phosphate rock processing plants; 

I.B.25.b.(xiii) Coke oven batteries; 

I.B.25.b.(xiv) Sulfur recovery plants; 

I.B.25.b.(xv) Carbon black plants (furnace process); 

I.B.25.b.(xvi) Primary lead smelters; 

I.B.25.b.(xvii) Fuel conversion plants; 

I.B.25.b.(xviii) Sintering plants; 

I.B.25.b.(xix) Secondary metal production plants; 

I.B.25.b.(xx) Chemical process plants; 

I.B.25.b.(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 

250 million British thermal units per hour heat input; 

I.B.25.b.(xxii) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels; 

I.B.25.b.(xxiii) Taconite ore processing plants; 

I.B.25.b.(xxiv) Glass fiber processing plants; 

I.B.25.b.(xxv) Charcoal production plants; 

I.B.25.b.(xxvi) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input; or 

I.B.25.b.(xxvii) Any other stationary source categories regulated by a 

standard promulgated as of August 7, 1980 under Section 111 or 

112 of the Federal Act, but only with respect to those air pollutants 

that have been regulated for that category. 

I.B.25.c. Meets any of the definitions of major stationary source set forth in 

Section II.A.24. of Part D of this Regulation Number 3. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

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1.8.26. Minor Source 

Any stationary source that does not qualify as a major source (as defined in Section 1.8.25. 

above). 

1.8.27. Mobile Source 

Motor vehicles and other sources of air pollution that emit pollutants while moving and that 

commonly do not remain at one site (one or more contiguous or adjacent properties owned or 

operated by the same person or by persons under common control), but does not include 

portable sources. 

1.9.28. Modification 

Any physical change in, or change in the method of operation of, a stationary source that 

does not meet the definition of major modification (as defined in Section II.A.23. of Part D of 

this regulation), and that increases the emission rate of any pollutant for which a federal or 

state emission standard has been promulgated or that results in the emission of any such 

pollutant previously not emitted. The following exceptions apply: 

1.8.28.a. Routine maintenance, repair, and replacement shall not be 

considered a physical change; 

1.8.28.b. Unless previously limited by enforceable permit terms and 

conditions, the following shall not be considered to be a change in the 

method of operation: 

1.8.28.b.(i) An increase in the production rate if such increase does not 

exceed the design capacity of the source and does not lead to 

emissions in excess of the emission standards; 

1.8.28.b.(ii) An increase in the hours of operation that does not lead to 

emissions in excess of the emission standards. 

1.8.28.b.(iii) Use of an alternative fuel or raw material by reason of an 

order in effect under Sections 2(a) and (b) of the Federal Energy 

Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation), a prohibition under the Federal Power Plan 

and Industrial Fuel Act of 1978 (or any superseding legislation) or by 

reason of a natural gas curtailment plan in effect pursuant to the 

Federal Power Act; · 

1.8.28.b.(iv) Use of an alternative fuel by reason of an order or rule under 

Section 125 of the Federal Act; or 

1.8.28.b.(v) Change in ownership of the source. 

1.8.28.c. Emissions resulting from construction and exploration shall be 

excluded in determining whether a modification will occur. Emissions from 

ongoing construction, and emissions from natural gas flaring are not 

considered to be temporary emissions, and are included in determining 

whether a modification will occur. 

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1.8.28.d. This definition shall not be used as a definition of major modification 

or minor permit modification (as defined in Section I.A.2. of Part C of this 

regulation)-- these are distinct and separate definitions. 

1.8.28.e. Any physical change or change in the method of operation at a 

source with an operating permit issued pursuant to Part C of this Regulation 

Number 3, that does not constitute a major modification (as defined in Part D, 

Section II.A.22. of this Regulation Number 3) and that does not trigger new 

source performance standards or hazardous air pollutant requirements under 

the Federal Act is not considered to be a modification; except that any such 

change shall trigger the provisions of Part 8, Section III.D.1.a. through 

III.D.1.g., and Part C, Sections X.A., and Part C Sections XII.A. or Xll.8., as 

appropriate. 

for Administrative Permit Amendment see Section 1.8.1. of Part A 

for Minor Permit Modification, see Section I.A.2. of Part C 

for Major Modification, see Section II.A.22. of Part D 

for Permit Modification, see Section I.A.3. of Part C 

for Permit Revision, see Section 1.8.34. of Part A 

for Significant Permit Modification, see Section I.A.?. of Part C 

1.8.29. New Source 

A stationary air pollution source, other than an existing source; or any source that resumes 

operation after being inactive for more than one year after having been shut down for the 

purpose of eliminating emissions that violated any applicable emission control regulation or 

regulation for the control of hazardous air pollutants. 

1.8.30. Non-criteria Reportable Pollutants 

The list of pollutants set forth in Appendix 8 and those ozone-depleting compounds listed in 

Section 602 of the Federal Act. 

1.8.31. Non-Road Engine 

1.8.31.a. Except as discussed in Section 1.8.31.b. of this definition, a non-road 

1.8.31.b. 

engine is an internal combustion engine: 

1.8.31.a.(i) In or on a piece of equipment that is self-propelled or serves 

a dual purpose by both propelling itself and performing another 

function (such as garden tractors, off-highway mobile cranes and 

bulldozers); or 

1.8.31.a.(ii) In or on a piece of equipment that is intended to be propelled 

while performing its function (such as lawnmowers and string 

trimmers); or 

1.8.31.a.(iii) That, by itself or in or on a piece of equipment is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. Indicia of transportability 

include, but are not limited to wheels, skids, carrying handles, dolly, 

trailer or platform. 

An internal combustion engine is not a non-road engine if: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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5 CCR 1001-5 

1.8.31.b.(i) The engine is used to propel a motor vehicle or a vehicle 

used solely for competition, or is subject to standards promulgated 

under Section 202 of the Federal Act; or 

1.8.31.b.(ii) The engine is regulated by a federal New Source 

Performance Standard promulgated under Section 111 of the 

Federal Act; or 

I.B.31.b.(iii) The engine otherwise included in Section I.B.31.a.(iii) of this 

definition remains or will remain at a location for more than twelve 

consecutive months or a shorter period of time for an engine located 

as a seasonal source. A location is any single site at a building, 

structure, facility, or installation. Any engine (or engines) that 

replaces an engine at a location and that is intended to perform the 

same or similar function as the engine replaced will be included in 

calculating the consecutive time period. An engine located at a 

seasonal source is an engine that remains at a seasonal source 

during the full annual operating period of the seasonal source. A 

seasonal source is a stationary source that remains in a single 

location on a permanent basis (i.e., at least two years) and that 

operates at a single location approximately three months (or more) 

each year. This Section does not apply to an engine after the engine 

is removed from the location. · 

I.B.31.c. (State-only Requirements) Non-road engines not co-located at an 

existing major source 

An operator of a non-road engine as defined in Section 1.8.31.a.(iii), above, 

with a manufacturer's site-rated horsepower of 1 ,200 or greater, or an 

aggregation of such non-road engines each with a manufacturer's site-rated 

horsepower of 1 ,200 or greater, that operate more than 4,380 hours per year 

at the same location are subject to the following state-only requirements: 

I.B.31.c.(i) Submit an air pollutant emission notice and pay the 

appropriate fees pursuant to Section VI. of Part A of this regulation; 

I.B.31.c.(ii) Submit an application for a site-specific, temporary, non-road 

engine permit on forms supplied by the Division if the estimated 

annual actual emissions reported on the Air Pollutant Emission 

Notice, as required by Section I.B.31.c.(i), are equal to or exceed 

one hundred tons per year or more of nitrogen oxides, 100 tons per 

year or more of carbon monoxide, or forty tons per yeer or more of 

sulfur dioxide. After receipt and review of a complete application, the 

Division shall issue a state-only non-road engine permit containing 

such terms and conditions as are necessary to protect the ambient 

air quality standards. 

I.B.31.c.(iii) The operator of a non-road engine that is exempt based on 

hours of operation or the annual emissions thresholds described 

above, must maintain sufficient records to verify that the engine or 

engines are exempt from the state-only reporting and permit 

requirements. Such records shall be made available for Division 

review upon request. 

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1.8.31.d. (State-only Requirements) Non-road engines co-located at an existing 

major source of nitrogen oxides and sulfur dioxide 

An operator of a non-road engine or aggregation of engines each with a 

manufacturer's site-rated horsepower of 1 ,200 or greater, and are non-road engines 

under Section 1.8.31.a.(iii) of this definition, are subject to the following state-only 

requirements: 

1.8.31.d.(i) Submit an air pollutant emission notice and pay the fees 

required by Section VI. of this Part; 

1.8.31.d.(ii) Submit an application for a site-specific, temporary, stateonly non-road engine permit on forms supplied by the Division if the 

estimated annual actual emissions reported on the air pollutant 

emission notice, as required by Section 1.8.29.d.(i), are equal to or 

exceed forty tons per year or more of nitrogen oxides, one hundred 

tons per year or more of carbon monoxide, or forty tons per year or 

more of sulfur dioxide. After receipt and review of a complete 

application, the Division shall issue a temporary state-only non-road 

engine permit containing such terms and conditions as are 

necessary to protect the ambient air quality standards. 

1.8.31.d.(iii) The operator of a non-road engine that is 1,200 horsepower 

or greater, but is exempt on the basis of the annual emissions 

thresholds described above, must maintain sufficient records to 

verify that the engine or engines are exempt from the state-only 

reporting and permit requirements. Such records shall be made 

available for Division review upon request. 

1.8.32. Operating Permit 

Unless the context suggests otherwise, any permit or group of permits covering an operating 

permit source that is issued, renewed, amended or revised pursuant to Part C of this 

Regulation Number 3. 

1.8.33. Operating Permit Source 

Any source subject to the permitting requirements of Part C of this regulation. 

1.8.34. Permit Revision 

Any permit modification, minor permit modification, or administrative permit amendment. No 

permit revision shall be required for increases in emissions that are authorized by allowances 

acquired pursuant to the acid rain program provided that such increases do not require a 

permit revision under any other applicable requirement. 

1.8.35. Pollution Prevention 

Any activity that through process changes, product reformulation or redesign, or substitution 

of less polluting raw materials, eliminates or reduces the release of air pollutants (including 

fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or 

disposal. This definition does not include recycling (other than certain "in-process recycling" 

practices), energy recovery, treatment, or disposal. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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1.8.36. Portable Source 

A source such as, but not limited to, asphalt batch plants and aggregate crushers that 

commonly and by usual practice is moved from one site to another. A source will not be 

considered portable if it remains on one site for more than two years. 

1.8.37. Potential to Emit 

The maximum capacity of a stationary source to emit a pollutant under its physical and 

operational design. Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, stored, or processed, shall be 

treated as part of its design if the limitation or the effect it would have on emissions is state 

enforceable and federally enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source. 

1.8.38. Predictive Emissions Monitoring System (PEMS) 

All of the equipment necessary to monitor process and control device operational parameters 

(for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, 02 or C02 concentrations), and calculate and record the mass 

emissions rate (for example, lblhr) on a continuous basis. 

1.8.39. Regulated Air Pollutant 

Nitrogen oxides or any volatile organic compounds, except as listed in the definition of 

negligibly reactive volatile organic compounds in the Common Provisions regulation; any 

pollutant for which a national or state ambient air quality standard has been promulgated; any 

pollutant that is subject to any standard promulgated under Section 111 of the Federal Act 

(Regulation Number 6); any class I or II substance subject to a standard promulgated under 

or established by Title VI of the Federal Act; any pollutant subject to a standard promulgated 

under Section 112 or other requirements established under Section 112 of the Federal Act, 

including Sections 112(g), 0), ahd (r) of the Federal Act; and any pollutant subject to a 

standard promulgated pursuant to Colorado Revised Statutes Section 25-7-1 09.3(5)(a), 

(state-only hazardous air pollutants listed in Section 25-7-1 09.3(5)(a) are subject to state 

enforcement only and do not trigger enforcement by the Administrator or by citizens under 

Section 304 of the Federal Act.) 

Once a source becomes subject to the operating permit requirements, regulated air pollutants 

must be addressed in the permit application and in the permit. 

1.8.40. Responsible Official 

One of the following: 

5 CCR 1001-5 

1.8.40.a. For a corporation: a president, secretary, treasurer, or vice president 

of the corporation in charge of a principal business function, or any other 

person who performs similar policy or decision making functions for the 

corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more 

manufacturing, production, or operating facilities applying for or subject to a 

permit and either: · 

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34 CR 21 and 22, 11-11 Page 13 

I.B.40.a.(i) The facilities employ more than two hundred and fifty 

persons or have gross annual sales or expenditures exceeding 

twenty-five million dollars (in second quarter 1980 dollars); or 

1.8.40.a.(ii) The delegation of authority to such representative is 

approved in advance by the Division; 

I.B.40.b. For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively; 

1.8.40.c. For a municipality, state, federal, or other public agency; either a 

principal executive officer, or ranking elected official. For the purposes of this 

section, a principal executive officer of a federal agency includes the chief 

executive officer having responsibility for the overall operations of a principal 

geographic unit of the agency; or 

I.B.40.d. For affected sources: 

1.8.40.d.(i) The designated representative in so far as actions, 

standards, requirements, or prohibitions under Title IV of the Federal 

Act or the regulations, found at Code of Federal Regulations Title 40, 

Part 72, promulgated there under are concerned; and 

1.8.40.d.(ii) The designated representative under Title IV of the Federal 

Act or the Code of Federal Regulations Title 40, Part 72 for any other 

purposes under the Code of Federal Regulations Title 40, Part 70. 

1.8.41. Schedule of compliance 

A schedule of required measures, including an enforceable sequence of actions or 

operations, leading to compliance with an applicable state implementation plan, emission 

standard, emission limitation, emission prohibition, or emission control regulation. 

1.8.42. State-only Condition 

Means any standard, term or condition that is not required by Part C of this regulation (Title V 

Operating Permits), Part D of this regulation (major New Source Review), Title Ill (hazardous 

air pollutants) or Section 111 (New Source Performance Standards) of the Federal Act, is not 

required to be federally enforceable to participate in the early reductions program, is not 

required to create a federally enforceable emissions limitation in order to create a synthetic 

minor source (as defined in Section I.A. of this Part}, or is otherwise more stringent than a 

requirement under the Federal Act. 

1.8.43. Stationary Source 

Any building, structure, facility, or installation, or any combination thereof belonging to the 

same industrial grouping that emits or may emit any air pollutant subject to regulation under 

the Federal Act, that is located on one or more contiguous or adjacent properties and that is 

owned or operated by the same person or by persons under common control. Those 

emissions resulting directly from an internal combustion engine for transportation purposes or 

from a non-road engine as defined in Section 1.8.29. of this Part shall not be considered a 

stationary source. Building, structures, facilities, equipment, and installations shall be 

considered to belong to the same industrial grouping if they belong to the same major groups 

(i.e., have the same two-digit codes) as described in the Standard Industrial Classification 

Manual, 1987, but not later amendments. See National Technical Information Service, Order 

Number PB 87-100012. The manual is available for examination at the office of the Director 

of the Air Po;iution Control Division, Department of Public Health and Environment, 4300 

Cherry Creek Drive South, Denver, Colorado 80246-1530. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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for Affected Source see Section I.A.1. of Part C 

for Existing Source, see Section 1.8.20. of Part A 

for Indirect Source, see Section 1.8.24. of Part A 

for Major Source, see Section 1.8.25. of Part A 

for Major Stationary Source, see Section II.A.26. of Part D 

for Minor Source, see Section 1.8.26. of Part A 

for Mobile Source, see Section 1.8.27. of Part A 

for New Source, see Section 1.8.29. of Part A 

for Portable Source, see Section 1.8.36. of Part A 

for Temporary Source, see Section 1.8.45. of Part A 

1.8.44. Subject to Regulation 

For any air pollutant, that the pollutant is subject to either a provision in the Federal Act, or a 

nationally-applicable regulation codified by the Administrator in Subchapter C of 40 CFR 

Chapter I of the Federal Act, that requires actual control of the quantity of emissions of the 

pollutant, and that such a control requirement has taken effect and is operative to control, 

limit or restrict the quantity of emissions of that pollutant released from the regulated activity, 

except that: 

5 CCR 1001-5 

1.8.44.a. GHG shall not be subject to regulation except as provided in 

Sections 1.8.44.d. through f. of this Part A. 

1.8.44.b. For purposes of Section 1.8.44.c. through e., the term C02e of this 

Part A, shall represent an amount of GHG emitted, and shall be computed as 

follows: 

1.8.44.b.(i) Multiplying the mass amount of emissions (tpy), for each of 

the six GHGs in the pollutant GHG, by the gas's associated GWP 

published at Table A-1 to Subpart A of Part 98 of 40 CFR as in effect 

October 30, 2009, which is hereby incorporated by reference, but not 

including later amendments. For purposes of this paragraph, prior to 

July 21, 2014, the mass of the greenhouse gas carbon dioxide shall 

not include carbon dioxide emissions resulting from the combustion 

or decomposition of non-fossilized and biodegradable organic 

material originating from plants, animals, or micro-organisms 

(including products, by-products, residues and waste from 

agriculture, forestry and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and 

municipal wastes, including gases and liquids recovered from the 

decomposition of non-fossilized and biodegradable organic material}. 

1.8.44.b.(ii) Sum the resultant value from Section 1.8.44.b.(i) of this Part 

A, for each gas to compute a tpy C02e. 

1.8.44.c. The term emissions increase as used in Sections 1.8.44.d. through e. 

of this Part A, shall mean that both a significant emissions increase (as 

calculated using the procedures in Section II.A.22 of Part D) and a significant 

net emissions increase (as defined in Sections II.A.26, and II.A.42 of Part D) 

occur. For the pollutant GHG, an emissions increase shall be based on tpy 

C02e, and shall be calculated assuming the pollutant GHG is a regulated 

NSR pollutant, and significant is defined as 75,000 tpy C02e instead of 

applying the value in Section II.A.42.b. of Part D. 

1.8.44.d. Beginning January 2, 2011, the pollutant GHG is subject to 

regulation concerning major stationary source new source review and 

prevention of significant deterioration if: 

CODE OF COLORADO REGULATIONS 
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I.B.44.d.(i) The stationary source is a new major stationary source for a 

regulated NSR pollutant that is not GHG, and also will emit or will 

have the potential to emit 75,000 tpy C02e or more; or 

I.B.44.d.(ii) The stationary source is an existing major stationary source 

for a regulated NSR pollutant that is not GHG, and also will have an 

emissions increase of a regulated NSR pollutant, and an emissions 

increase of 75,000 tpy C02e or more. 

I.B.44.e. Beginning July 1, 2011, in addition to the provisions in Section 

I.B.44.d. of Part A, the pollutant GHG shall also be subject to regulation if: 

I.B.44.e.(i) Concerning operating permits (Sections I through XIV of Part 

C), at a new or existing stationary source that will emit or have the 

potential to emit 100,000 tpy C02e; or 

I.B.44.e.(ii) Concerning major stationary source new source review and 

prevention of significant deterioration and operating permits: 

I.B.44.e.(ii)(A) At a new stationary source that will emit or have the 

potential to emit 100,000 tpy C02e; or 

I.B.44.e.(ii)(B) At an existing stationary source that will emit or have 

the potential to emit 100,000 tpy C02e, when such stationary source undertakes a physical change or change in the 

method of operation that will result in an emissions increase 

of 75,000 tpy C02e or more. 

I.B.44.f. If there is a change in federal law that supersedes, or the District of Columbia 

Circuit Court of Appeals or the United States Supreme Court directs or 

issues an order, which limits or renders ineffective the regulation of GHG 

emissions at stationary sources under the New Source Review Prevention of 

Significant Deterioration(PSD) or Title V provisions of the Federal Act the 

regulation, GHG emissions under the corresponding programs in this 

Regulation Number 3 shall be limited or rendered ineffective to the same 

extent. 

1.8.45. Temporary Source 

A source in operation for not more than two years in duration unless the Division determines 

that a longer time period is appropriate. 

1.8.46. Uncontrolled Actual Emissions 

The annual emission rate corresponding to the annual process rate listed on the Air Pollutant 

Emission Notice form, without consideration of any emission control equipment or 

procedures. 

The Division may allow a source to forego calculating or estimating its uncontrolled actual 

emissions of hazardous air pollutants upon a showing by the source and a determination by 

the Division that the creation of such data is unreasonably costly, technically impractical or 

not reasonably related to information necessary for making regulatory decisions with respect 

to that source. The Division's final determination may be appealed to the Commission by the 

source. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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1.8.47. Wet Screening Operations 

A screening operation at a nonmetallic mineral processing plant that removes unwanted 

material or that separates marketable fines from the product by a washing process that is 

designed and operated at all times such that water is an integral part of the process and the 

product is saturated with water. Screens that use spray bars for the purposes of dust control 

are not included in this definition. 

II. Air Pollutant Emission Notice (APEN) Requirements 

II .A. Air Pollutant Emission Notices for New, Modified, and Existing Sources 

Except as specifically exempted in Section II.D., no person shall allow emission of air pollutants from, 

or construction, modification or alteration of, any facility, process, or activity which constitutes a 

stationary source, except residential structures, from which air pollutants are, or are to be, emitted 

unless and until an Air Pollutant Emission Notice and the associated Air Pollutant Emission Notice fee 

has been filed with the Division with respect to such emission. Each such notice shall specify the 

location at which the proposed emission will occur, the name and address of the persons operating 

and owning such facility, the nature of such facility, process or activity, an estimate of the quantity and 

composition of the expected emission and other information as required in the current Air Pollutant 

Emission Notice form. 

II.B. General 

II .8.1. Emission Estimate 

The Air Pollutant Emission Notice shall include an estimate of the annual actual emissions, 

including emission controls. The emissions estimate shall be based upon actual test data or, 

in the absence of such data, upon estimations acceptable to the Division. The following 

alternative estimate methods, in order of descending acceptability, are acceptable to the 

Division: • 

II.B.1.a. Mass balance calculations or a published, verifiable emission factor, 

whichever is best applied to the source; or 

11.8.1.b. Other engineering calculations. 

Stack testing or emission monitoring will not be required solely to meet the Air 

Pollutant Emission Notice reporting requirements. 

An owner or operator shall provide a justification to the Division for not using any 

methods that are higher on the list than the method the owner or operator proposes 

to use. If none of the above methods are available or applicable to the source, an 

appropriate method will be determined on a case-by-case basis by the Division, 

taking into account the provisions of Section II.C.2. of this Part A. 

The Division shall make available to all air pollution control authority offices 

appropriate forms on which the information required by this section shall be 

submitted. 

11.8.2. Air Pollutant Emission Notice Term 

An Air Pollutant Emission Notice is valid for a period of five years. The five-year period 

recommences when a revised Air Pollutant Emission Notice is received by the Division. 

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34 CR 21 and 22, 11-11 Page 17 

For the purposes of Air Pollutant Emission Notice applicability, a source will be considered to 

be an individual emission point, or group of points pursuant to Section 11.8.4. of this Part A. 

11.8.3.a. Criteria Pollutants 

For criteria pollutants, Air Pollutant Emission Notices are required for: each individual 

emission point in a nonattainment area with uncontrolled actual emissions of one ton 

per year or more of any individual criteria pollutant (pollutants are not summed) for 

which the area is nonattainment; each individual emission point in an attainment or 

attainment/maintenance area with uncontrolled actual emissions of two tons per year 

or more of any individual criteria pollutant (pollutants are not summed); each 

individual emission point with uncontrolled actual emissions of lead greater than one 

hundred pounds per year, regardless of where the source is located. 

11.8.3.b. Non-criteria Reportable Pollutants 

For non criteria reportable pollutants, Air Pollutant Emission Notices are required for 

each individual emission point with uncontrolled actual emissions that exceed the de 

minimis levels as determined following the procedures set forth in Appendix A. 

11.8.4. Source Grouping 

Grouping of multiple emission points on a single Air Pollutant Emission Notice shall be 

allowed as often as possible, provided the overall goals of receiving accurate and verifiable 

emissions information are not compromised. The following guidelines shall be used to 

delineate occasions when grouping can be allowed. These are intended to be used as 

guidelines only, and specific questions regarding grouping should be directed to the Division. 

Multiple pieces of equipment or processes from a single facility may be grouped or 

associated together and reported on one single Air Pollutant Emission Notice provided the 

individual sources of emissions meet the following guidelines: 

11.8.4.a. All of the aggregated sources have identical source classification codes and 

emission factors for criteria pollutants; 

11.8.4.b. Each of the aggregated sources share a similar location within the facility; 

11.8.4.c. Similar sources regulated under the New Source Performance Standards 

(Regulation Number 6) and non-New Source Performance Standard sources 

should not be grouped; 

11.8.4.d. None of the individual sources is required to monitor emissions through the 

use of continuous emission monitors; 

11.8.4.e. Each of the individual emission points has fuel usage, production, and a 

consumption level, which are indistinguishable from the other points, which 

have been grouped on the Air Pollutant Emission Notice; 

11.8.4.f. None of the individual sources grouped on the Air Pollutant Emission Notice 

has previously been issued its own separate emissions permit. 

The Division maintains its authority to require individual separate Air 

Pollutant Emission Notices for any process or activity. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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The Division may allow a source to deviate from this emission point grouping 

criteria upon a showing that an alternative is reasonable and will not 

compromise the overall goals of receiving accurate and verifiable emissions 

information. 

11.8.5. Air Pollutant Emission Notices and revised Air Pollutant Emission Notices 

shall be based on calendar years (January through December). 

11.8.6. The emissions noted on the current Air Pollutant Emission Notice on file with 

the Division shall be used for emission fee calculations as described in 

Section VI. of this Part A. 

II.C. Revised Air Pollutant Emission Notices 

II.C.1. A revised Air Pollutant Emission Notice shall be filed: 

5 CCR 1001-5 

II.C.1.a.Annually whenever a significant change (as defined in Section II.C.2.) in 

annual actual emissions occurs; or 

II.C.1.b. Whenever there is a change in the owner or operator of any facility, process, 

or activity; or 

II.C.1.c. Whenever new control equipment is installed, or whenever a different type of 

control equipment replaces an existing type of control equipment (revised Air 

Pollutant Emission Notices are not required for routine maintenance, repair, 

or replacement of control equipment; or 

II.C.1.d. Whenever a permit limitation must be modified; or 

II.C.1.e. Before the Air Pollutant Emission Notice expires. 

II.C.1.f. A revised Air Pollutant Emission Notice is not required whenever the location 

of a portable facility, process, or activity is changed, however, the owner or 

operator of such source must file a relocation notice. Such notice shall be 

received by the Division at least ten days prior to the change in location. 

Alternatively, the owner or operator of a portable source may request written 

approval from the Division to report multiple relocations. Relocation forms 

are available at the Division offices. 

II.C.1.g.A revised Air Pollutant Emission Notice is not required for emergency or 

backup generators that are ancillary to the main units at electric utility 

facilities, and that have a permit under Parts CorD of Title I, or Title V of the 

Federal Act. 

II.C.1.h.A revised Air Pollutant Emission Notice is not required for emergency or 

backup generators for electric power generating facilities that are not 

ancillary to a main unit at an electric utility facility, and that have a permit 

containing limits on the physical or operational capacity of the source to emit 

a pollutant such that the source is not considered to be a major stationary 

source as defined in Section II.A.24. of Part D of this Regulation Number 3. If 

an owner or operator of such a source chooses to file a revised Air Pollutant 

Emission Notice, the Air Pollutant Emission Notice shall list the average of 

the annual actual emissions for the preceding three years. 

CODE OF COLORADO REGULATIONS 
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II.C.2. Significant change, for the purposes of this section means: 

II.C.2.a. For any non-criteria reportable pollutant if the emissions increase by fifty 

percent or five tons per year, whichever is less, above the level reported on 

the last Air Pollutant Emission Notice submitted to the Division. 

II.C.2.b. For criteria pollutants: 

II.C.2.b.(i) For sources emitting less than one hundred tons per year, a 

change in annual actual emissions of five tons per year or more, 

above the level reported on the last Air Pollutant Emission Notice 

submitted to the Division, of any such air pollutant; or 

II.C.2.b.(ii) For volatile organic compound and nitrogen oxides sources 

in ozone nonattainment areas emitting less than one hundred tons of 

volatile organic compound and nitrogen oxides per year, a change in 

annual actual emissions of one ton per year or more or five percent, 

whichever is greater, above the level reported on the last Air 

Pollutant Emission Notice submitted to the Division; or 

II.C.2.b.(iii) For sources emitting one hundred tons per year or more, a 

change in annual actual emissions of five percent or fifty tons per 

year or more, whichever is less, above the level reported on the last 

Air Pollutant Emission Notice submitted to the Division, of any such 

air pollutant; or 

II.C.2.b.(iv) A change in annual actual emissions, above the level 

reported on the last Air Pollutant Emission Notice submitted to the 

Division, of fifty pounds of lead. 

II.C.3. Timeframe for Revised Air Pollutant Emission Notice submittals 

II.C.3.a. Revised Air Pollutant Emission Notices shall be submitted no later than 

within thirty days before the five-year term expires. 

II.C.3.b. Owners or operators of sources that are required to obtain a permit revision 

must file a revised Air Pollutant Emission Notice along with a request for 

permit revision. A revised permit must be obtained before the change at the 

source occurs. 

II.C.3.c. Sources submitting revised Air Pollutant Emission Notices to inform the 

Division of a change in annual actual emission rates must do so by April 30 

of the following year (e.g., a change in emissions in calendar year 1993 must 

be reported by Apri130, 1994). 

II.C.3.d.Air Pollutant Emission Notices for changes in control equipment must be 

submitted before the change occurs); except for control equipment at 

condensate storage tanks located at oil and gas exploration and production 

facilities subject to the requirements in Regulation Number 7, Section XII. 

For this control equipment, a revised APEN shall be filed once per year, as 

specified in Section II.C.3.c. of Part A, if any control equipment is added or if 

control equipment is relocated or removed. 

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II.D. Exemptions from Air Pollutant Emission Notice Requirements 

II.D.1. Notwithstanding the exemptions contained in Section II.D.1., Air Pollutant Emission 

Notices must be filed for all emission units specifically identified in the applicability 

section of any subpart of Part A of Regulation Number 6 (New Source Performance 

Standards) and/or Regulation Number 8 (Hazardous Air Pollutants), Parts A,C,D, and 

E. However, Air Pollutant Emission Notices need not be filed for wet screening 

operations subject to Subpart 000 of the New Source Performance Standards if the 

exemption in Section II.D.1.cccc. is applicable. 

Stationary sources having emission units that are exempt from the requirement to file an Air 

Pollutant Emission Notice must nevertheless comply with all requirements that are otherwise 

applicable specifically to the exempted emission units, including, but not limited to: Title V, 

Prevention of Significant Deterioration, nonattainment New Source Review, opacity 

limitations, odor limitations, particulate matter limitations and volatile organic compounds 

controls. 

An applicant may not omit any information regarding APEN exempt emission units in any 

permit application if such information is needed to determine the applicability of Title V (Part 

C of this Regulation Number 3), Prevention of Significant Deterioration (Section VI., Part D of 

this Regulation Number 3), or nonattainment New Source Review (Section V., Part D of this 

Regulation Number 3). 

The following sources are exempt from the requirement to file Air Pollutant Emission Notices 

because by themselves, or cumulatively as a category, they are deemed to have a negligible 

impact on air quality. 

5 CCR 1001-5 

II.D.1.a.lndividual emission points in nonattainment areas having uncontrolled actual 

emissions of any criteria pollutant of less than one ton per year, and 

individual emission points in attainment or attainmenUmaintenance areas 

having uncontrolled actual emissions of any criteria pollutant of less than two 

tons per year, and each individual emission point with uncontrolled actual 

emissions of lead less than one hundred pounds per year, regardless of 

where the source is located. 

II.D.1.b.lndividual emission points of non criteria reportable pollutants having 

uncontrolled actual emissions less than the de minimis levels as determined 

following the procedures set forth in Appendix A. 

II.D.1.c. Air conditioning or ventilating systems not designed to remove air pollutants 

generated by or released from other processes or equipment. 

II.D.1.d. Fireplaces used for recreational purposes, inside or outside. 

II.D.1.e. Fires and equipment used for noncommercial cooking of food for human 

consumption, or cooking of food for human consumption at commercial food 

service establishments, except for char broilers and wood fired equipment 

(but not including campfires) in PM 1 0 non attainment areas. Charbroiler shall 

mean a cooking device in a commercial food service establishment, either 

gas fired or using charcoal or other fuel, upon which grease drips down upon 

an open flame, charcoal or embers. 

II.D.1.f. Safety flares used to indicate danger to the public. 

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34 CR 21 and 22, 11-11 Page 21 

II.D.1.g.Agricultural operations such as farming, cultivating, harvesting, seasonal 

crop drying, grain handling operations that are below New Source 

Performance Standards de minimis levels (including milling and grain 

elevator operations), and animal feeding operations that are not housed 

commercial swine feeding facilities as defined in Regulation Number 2, Part 

B. This exemption does not apply to an agricultural operation that: (1) is a 

major source (as defined in Section I.B.25. of this part); (2) meets or exceeds 

the storage capacity thresholds of a federal New Source Performance 

Standard (Regulation Number 6, Part A); or (3) participates in the early 

reduction program of the Federal Act, Section 112. Ancillary operations such 

as fueling stations located at farms or ranches are not exempt from Air 

Pollutant Emission Notice and permit requirements unless otherwise below 

the de minimis emission levels contained in this regulation, and are not 

exempt from other applicable regulation promulgated by the Commission. 

11.0.1.h. Emissions from, or construction, or alteration of residential structures, 

including all buildings or other structures used primarily as a place of 

residence, and including home heating devices. 

II.D.1.i. Laboratories and research & development facilities: 

II.D.1.i.(i) Noncommercial (in house) experimental and analytical 

laboratory equipment that is bench scale in nature including quality 

control/quality assurance laboratories, process support laboratories, 

environmental laboratories supj'orting a manufacturing or industrial 

facility, and research and development laboratories. 

II.D.1.i.(ii) Research and development activities that are of a small pilot 

scale and that process less than ten thousand pounds of test 

material per year; 

II.D.1.i.(iii) Small pilot scale research and development projects less 

than six months in duration with controlled actual emissions less than 

five hundred pounds of any criteria pollutant or ten pounds of any 

non criteria reportable pollutant. 

11.0.1.j. Disturbance of surface areas for purposes of land development, that do not 

exceed twenty-five contiguous acres and that do not exceed six months in 

duration. (This does not include mining operations or disturbance of 

contaminated soil). 

11.0.1.k. Each individual piece of fuel burning equipment, other than smokehouse 

generators and internal combustion engines, that uses gaseous fuel, and that 

has a design rate less than or equal to five million British thermal units per 

hour. (See definition of fuel burning equipment, Common Provisions 

Regulation). 

11.0.1.1. Internal combustion engines powering portable drilling rigs. 

11.0.1.m. Exemption Repealed 

II.D.1.n. Chemical storage tanks or containers that hold less than five hundred 

gallons, and that have an annual average daily throughput of less than 

twenty-five gallons. 

CODE 0~ COLORADO REGULATIONS 5 CCR 1001-5 
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5 CCR 1001-5 

II.D.1.o. Unpaved public and private roadways, except for haul roads located within a 

stationary source site boundary. 

II.D.1.p. Sanding of streets and roads to abate traffic hazards caused by ice and 

snow. 

II.D.1.q. Open burning activities, except that all reporting and permitting requirements 

that apply to such operations must be followed (see Regulation Number 1). 

II.D.1.r. Brazing, soldering, or welding operations, except those that use lead based 

compounds. All welding that occurs strictly for maintenance purposes is 

exempt. 

II.D.1.s. Street and parking lot striping. 

II.D.1.t. Battery recharging areas. 

II.D.1.u.Aerosol can usage. 

II.D.1.v. Sawing operations, that is ancillary to facility operations, and is not part of the 

production process. 

II.D.1.w. The process of demolition and re bricking of furnaces and kilns. This 

does not include subsequent operation of such furnaces or kilns. 

II.D.1.x. Road and lot paving operations at commercial and industrial facilities, except 

that asphalt and cement batch plants require Air Pollutant Emission Notices 

and permits, unless exempt under.some other section. 

II.D.1.y. Adhesive use that is not related to production. 

II.D.1.z. Fire training activities. 

II.D.1.aa. Caulking operations that are not part of a production process. 

II.D.1.bb. Landscaping and site housekeeping devices equal to or less than ten 

horsepower in size (lawnmowers, trimmers, snow blowers, etc.). 

II.D.1.cc. Fugitive emissions from landscaping activities (e.g., weeding, 

sweeping). 

II.D.1.dd. Landscaping use of pesticides, fumigants, and herbicides. 

II.D.1.ee. Exemption Repealed 

II.D.1.ff. Emergency events such as accidental fires. 

II.D.1.gg. 

II.D.1.hh. 

Smoking rooms and areas. 

Plastic pipe welding. 

II.D.1.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or 

residential housekeeping purposes. 

II.D.1.jj. Beauty salons. 

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34 CR 21 and 22, 11-11 Page 23 

11.0.1.kk. Operations involving acetylene, butane, propane and other flame 

cutting torches. 

11.0.1.11. Pharmacies. 

11.0.1.mm. Chemical storage areas where chemicals are stored in closed 

containers, and where total storage capacity does not exceed five thousand 

gallons. This exemption applies solely to storage of such chemicals. This 

exemption does not apply to transfer of chemicals from, to, or between such 

containers. 

11.0.1.nn. Architectural painting, roof coating material and associated surface 

preparation (except for sandblasting and except for volatile organic 

compound emissions, associated with surface preparation, above Air 

Pollutant Emission Notice de minimis levels) for maintenance purposes at 

industrial or commercial facilities. 

11.0.1.oo. Emissions that are not criteria (as defined in Section 1.8.17. of this 

part) or non-criteria reportable pollutants (as defined in Section 1.8.30. of this 

part) (These emissions include methane, ethane, and carbon dioxide). 

11.0.1.pp. 

11.0.1.qq. 

Janitorial activities and products. 

Grounds keeping activities and products. 

11.0.1.rr. Sources of odorous emissions that do not utilize emission control 

equipment for control of odorous emissions. This exemption applies to the 

odor emissions only. All other emissions are subject to other exemptions set 

forth in this regulation. This exemption does not exempt any source from the 

requirements of Regulation Number 2. 

11.0.1.ss. Truck and car wash units. 

11.0.1.tt. Office emissions, including cleaning, copying, and restrooms. 

11.0.1.uu. Exemption Repealed 

11.0.1.vv. Electrically operated curing ovens, drying ovens and similar 

activities, articles, equipment, or appurtenances. This exemption applies to 

the ovens only, and not to the items being dried in the ovens. 

11.0.1.ww. Equipment used exclusively for portable steam cleaning. 

II.D.1.xx. Blast cleaning equipment using a suspension of abrasive in water 

and any exhaust system or collector serving them exclusively. 

11.0.1.yy. Commercial laundries (except dry cleaners) that do not burn liquid or 

solid fuel. 

11.0.1.zz. Storage of butane, propane, or liquefied petroleum gas in a vessel 

with a capacity of less than sixty thousand gallons, provided the 

requirements of Regulation Number 7, Section IV. are met, where applicable. 

II.D.1.aaa. Storage tanks of capacity less than forty thousand gallons of 

lubricating oils or used lubricating oils. 

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II.D.1.bbb. Venting of compressed natural gas, butane or propane gas cylinders, 

with a capacity of one gallon or less. 

II.D.1.ccc. Fuel storage and dispensing equipment in ozone attainment areas 

operated solely for company owned vehicles where the daily fuel throughput 

is no more than four hundred gallons per day that is calculated as an annual 

average. Sources in an ozone attainmenUmaintenance area must utilize 

Stage 1 vapor recovery on all tanks greater than 550 gallons capacity, as 

required by Regulation Number 7, in order to take this exemption. 

II.D.1.ddd. Exemption Repealed 

II.D.1.eee. Indirect sources are exempt until a permit regulation specific to 

indirect sources is promulgated by the Commission. 

II.D.1.fff. Storage tanks meeting all of the following criteria: 

II.D.1.fff.(i) Annual throughput is less than four hundred thousand 

gallons; and 

11.0.1.fff.(ii) The liquid stored is one of the following: 

II.D.1.fff.(ii)(A) Diesel fuels 1 D, 2 D, or 4 6; 

II.D.1.fff.(ii)(B) Fuel oils #1 through #6; 

II.D.1.fff.(ii)(C) Gas turbine fuels 1 GT through 4 GT; 

II.D.1.fff.(ii)(D) oil/water mixtures with a vapor pressure equal to or 

lower than that of diesel fuel (Reid Vapor Pressure of 0.025 

pounds per square inch absolute). 

II.D.1.ggg. Each individual piece offuel burning equipment that uses gaseous 

fuel, and that has a design rate less than or equal to ten million British 

thermal units per hour, and that is used solely for heating buildings for 

personal comfort. 

II.D.1.hhh. Natural gas vehicle fleet fueling facilities. 

II.D.1.iii. Electric motors driving equipment at non-commercial machining 

shops. 

II.D.1.jjj. Recreational swimming pools.· 

II.D.1.kkk. Forklifts. 

11.0.1.111. Oil and gas exploration and production operations (well site and 

associated equipment) shall provide written notice to the Colorado Oil and 

Gas Conservation Commission of proposed drilling locations prior to 

commencement of such operations. Air Pollutant Emission Notices are not 

required until after exploration and/or production drilling, workovers, 

completions, and testing are finished. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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34 CR 21 and 22, 11-11 Page 25 

If production will result in reportable emissions, the owner or operator shall file an Air 

Pollutant Emission Notice with the Division within thirty days after the well completion 

or recompletion report and log is filed with the appropriate state or federal agency. If 

production will not occur, or production will not result in reportable emissions, the 

owner or operator shall submit written notice to the Division indicating that the well 

was plugged, or that emissions are otherwise not reportable. If production will result 

in reportable emissions, the owner or operator shall file an Air Pollutant Emission 

Notice with the Division within thirty days after the report of first production is filed 

with the appropriate state or federal agency but no later than ninety days following 

the first day of production. 

II.D.1.mmm. Handling equipment and associated activities for glass that is 

destined for recycling. 

II.D.1.nnn. Fugitive emissions of hazardous air pollutants that are natural 

constituents of native soils and rock (not added or concentrated by chemical 

or mechanical processes) from under ground mines or surface mines unless 

such source is a major source of hazardous air pollutants under Part C of 

Regulation Number 3. 

II.D.1.ooo. The use of pesticides, fumigants, and herbicides when used in 

accordance with requirements established under the federal Insecticide, 

Fungicide and Rodenticide Act as established by the U.S. EPA (United 

States Code Title 7, Section 136 et seq.). 

II.D.1.ppp. Ventilation of emissions from mobile sources operating within a 

tunnel, garage, or building that are not operating for transportation purposes 

and are subject to stationary source requirements. 

II.D.1.qqq. Non-asbestos demolition. 

II.D.1.rrr. Sandblast equipment when the blast media is recycled and the 

blasted material is collected, including small sandblast glove booths. 

II.D.1.sss. Exemption Repealed 

II.D.1.ttt. Exemption Repealed 

II.D.1.uuu. Surface water storage impoundment of non-potable water and storm 

water evaporation ponds, with the exceptions of oil and gas production 

wastewater impoundments (including produced water tanks) containing equal 

to or more than one percent by volume crude oil on an annual average and 

commercial facilities that accept oil and gas production wastewater for 

processing. 

II.D.1.vw. Non-potable water pipeline vents. 

II.D.1.www. Steam vents and safety release valves. 

II.D.1.xxx. Exemption Repealed 

II.D.1.yyy. Seal and lubricating oil systems for steam turbine electric generators. 

II.D.1.zzz. Venting of natural gas lines for safety purposes. 

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II.D.1.aaaa. Chemical Storage Tanks 

II.D.1.aaaa.(i) Sulfuric acid storage tanks not to exceed ten thousand five 

hundred gallons capacity. 

II.D.1.aaaa.(ii) Sodium hydroxide storage tanks. 

II.D.1.bbbb. Containers, reservoirs, or tanks used exclusively for dipping 

operations that contain no organic solvents for coating objects with oils, 

waxes, greases, or natural or synthetic resins. 

II.D.1.cccc. Wet screening operations notwithstanding the applicability of the 

New Source Performance Standards included in the Code of Federal 

Regulations, Title 40, Part 60, Subpart 000. 

II.D.1.dddd. Non-road engines as defined in Section 1.8.31. of this Part A, except 

certain non-road engines subject to state-only air pollutant emission notice 

and permitting requirements pursuant to Section I.B.31.c. of this part. 

II.D.1.eeee. Exemption Repealed 

II.D.1.ffff Exemption Repealed 

11.0.2. An Air Pollutant Emission Notice must be filed for all incinerators. 

11.0.3. Air Pollutant Emission Notices are required for emergency and backup generators 

that are ancillary to the main units at electric utility facilities however, these units may 

be included on the same Air Pollutant Emission Notice as the main unit. 

11.0.4. Any person may request the Division to examine a particular source category or 

activity for exemption from Air Pollutant Emission Notice or permit requirements. 

II.D.4.a. Such requests shall be made separately from the permit application review 

procedure. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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II.D. Exemption from Construction Permit Requirements 

Page 67 

None of the exemptions listed below in Sections II.D.1. through 11.0.4. shall apply if a source is 

subject to Part A of Regulation Number 6 (New Source Performance Standards) and/or Regulation 

Number 8 (Hazardous Air Pollutants), Parts A,C, D, and E. Permit exemptions taken under this 

section do not affect the applicability of the regulations to the source. 

An applicant may not omit any information regarding APEN or permit exempt emission units in any 

application if such information is needed to determine the applicability of Title V (Part C of this 

Regulation Number 3), Prevention of Significant Deterioration (Section VI. of Part D of this Regulation 

Number 3), or Nonattainment New Source Review (Section V. of Part D of this Regulation Number 3). 

II.D.1. The following sources are exempt because by themselves or cumulatively as a 

category are deemed to have a negligible impact on air quality: 

II.D.1.a. Those sources exempted from the filing of Air Pollutant Emission Notices in 

Section II.D. of Part A, of this regulation. 

II.D.1.b. Containers, reservoirs, or tanks used exclusively for dipping operations for 

coating objects with oils, waxes, greases, or natural or synthetic resins 

containing no organic solvents. 

II.D.1.c. Stationary Internal Combustion Engines that: 

II.D.1.c.(i) Are Power portable drilling rigs; or 

II.D.1.c.(ii) Are emergency power generators that operate no more than 

two hundred and fifty hours per year; or 

II.D.1.c.(iii) Have uncontrolled actual emissions less than five tons per 

year or manufacturer's site-rated horsepower of less than fifty. 

II.D.1.d. The collection, transmission, liquid treatment, and solids treatment processes 

at domestic wastewater treatment works, or treatment facilities that treat only 

domestic type wastewater, except for combustion processes. 

II.D.1.e. Each individual piece of fuel burning equipment, other than smokehouse 

generators, that uses gaseous fuel, and that has a design rate less than or 

equal to ten million British thermal units per hour. 

II.D.1.f. Gasoline stations located in ozone attainment areas, except for stations 

located in the Denver 1-hour ozone attainment/maintenance area. 

II.D.1.g. Surface mining activities that mine seventy thousand tons or fewer of product 

material per year. A fugitive dust control plan is required for such sources. 

Crushers, screens and other processing equipment activities are not included 

in this exemption. 

II.D.1.h. Com posting piles, however, all odor requirements of Regulation Number 2 

must be met. 

II.D.1.i. Commercial and product quality control laboratory equipment. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 68 

11.0.1.j. Fires and equipment used for noncommercial cooking of food for human 

consumption and for cooking of food for human consumption at commercial 

food service establishments. 

11.0 .1 .k. Petroleum industry flares, not associated with refineries, com busting natural 

gas containing no hydrogen sulfide except in trace (less than five hundred 

parts per million weight) amounts, approved by the Colorado Oil and Gas 

Conservation commission and having uncontrolled emissions of any pollutant 

of less than five tons per year. 

11.0.1.1. Crude oil truck loading equipment at exploration and production sites where 

the loading rate does not exceed 10,000 gallons of crude oil per day 

averaged on an annual basis. Condensate truck loading equipment at 

exploration and production sites that splash fill less than 6750 barrels of 

condensate per year or that submerge fill less than 16308 barrels of 

condensate per year. Crude oil or condensate loading truck equipment at 

crude oil production sites where the loading rate does not exceed 10,000 

gallons per day averaged over any thirty-day period. 

11.0.1.m.Oil and gas production wastewater impoundments (including produced water 

tanks) containing less than one percent by volume crude oil on an annual 

average, with the exception of commercial facilities that accept oil and gas 

production wastewater for processing. 

11.0.1.n. Crude oil storage tanks with a capacity of 40,000 gallons or less. 

11.0.2. Facilities located in a nonattainment area for any criteria pollutant for which the area 

is nonattainment; with total facility uncontrolled actual emissions (potential emissions 

at actual operating hours) that are less than the following amounts: 

11.0.2.a. Two tons per year volatile organic compounds. 

11.0.2.b.One ton per year PM10. 

11.0.2.c. One ton per year PM2.5. 

11.0.2.d. Five tons per year total suspended particulate. 

11.0.2.e. Five tons per year carbon monoxide. 

11.0.2.f. Five tons per year sulfur dioxide. 

11.0.2.g. Five tons per year nitrogen oxides. 

11.0.2.h. Two hundred pounds per year lead. 

For purposes of calculating total facility uncontrolled actual emissions, only those individual 

(or grouped) emission points requiring Air Pollutant Emission Notices are to be considered. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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Ill. G. Final Permit Approval 

34 CR 21 and 22, 11-11 Page 75 

III.G.1. Unless prior and mutually acceptable arrangements have been made, the applicant 

shall give notice to the Division within fifteen calendar days after the date on which 

commencement of operation takes place. 

III.G.2. Within 180 calendar days after commencement of operation, the source shall 

demonstrate to the Division compliance with the terms and conditions of the initial 

approval construction permit. The Division may inspect the source to determine 

whether or not the operating terms and conditions of the initial approval construction 

permit have been satisfied. At the end of 180 days, the Division must revoke the 

construction permit; or, continue the construction permit if applicable; or, notify the 

owner or operator that the source has demonstrated compliance with the construction 

permit. 

III.G.3. Before final approval of the permit is granted, the Division may require the applicant 

to conduct and pay for performance tests in accordance with methods approved by 

the Division. A test protocol shall be submitted to the Division for review and 

approval at least thirty days prior to testing. The Division may monitor such tests and 

may, at its expense, conduct its own performance tests. 

III.G.4. For sources that submit an application for an operating permit pursuant to Part C of 

this Regulation Number 3, including any application for a permit modification or 

permit renewal, prior to issuance of a final approval construction permit, upon 

demonstration by the source of compliance with all terms and conditions of the 

construction permit or a satisfactory final approval inspection, as required pursuant to 

this Section III.G., the Division may elect to either issue a final approval construction 

permit or allow the initial approval construction permit to continue in full force and 

effect. The Division shall provide written notice to the permittee of its election. 

III.G.S. If the Division determines that the terms and conditions of the permit have been 

satisfied, the Division shall issue in writing its final permit approval to the applicant, or 

shall incorporate the terms and conditions into an operating permit issued in 

accordance with Part C of this regulation. Otherwise, the Division shall revoke the 

permit. 

III.G.6. Final approval may be issued at the same time as initial approval for temporary 

sources of duration of one month or less. 

III.G.7. Prior to issuance of final approval, the applicant shall furnish: 

III.G.7.a. An operating and maintenance plan for all control equipment and 

control practices; and 

III.G.7.b. A proposed record keeping format for demonstrating compliance on 

an ongoing basis. 

III.H. Permit Cancellation 

Whenever an owner or operator wishes to cancel a permit, the owner or operator shall notify the 

Division, using forms provided by the Division. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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111.1. General Construction Permits 

111.1.1. The Division may issue a general construction permit covering numerous similar 

sources to a source that would otherwise be required to obtain a construction permit 

pursuant to this Part B. Any general construction permit shall comply with all 

applicable requirements, including notice and opportunity for public participation 

where warranted for such sources. The Division may issue a general construction 

permit in accordance with one or more of the following considerations: 

111.1.1.a. The control equipment utilized by the sources; 

111.1.1.b. The design characteristics of the sources; 

111.1.1.c. The operational variability of the sources; 

111.1.1.d. The location of the sources. 

111.1.2. A source shall not perform any of the following without first obtaining a valid general 

construction permit from the Division pursuant to this provision, or a valid 

construction permit as otherwise required pursuant to Section Ill. of this Part B: 

111.1.2.a. Commence construction or modify any building, facility, structure, or 

installation; 

111.1.2.b. Install any machine, equipment, or other device; 

111.1.2.c. Commence the conduct of any such activity; 

111.1.2.d. Commence performance of any combinations thereof; or 

111.1.2.e. Commence operations of any of the same that will or do constitute a new 

stationary source. 

111.1.3. Administration 

5 CCR 1001-5 

111.1.3.a. General construction permits may be issued, modified, revoked and 

reissued, or terminated in accordance with the provisions of this regulation. 

111.1.3.b. Sources shall submit applications to be covered under the general 

construction permit on forms provided by the Division. 

111.1.3.c. Individual Permit Requirements 

111.1.3.c.(i) The Division may require any source authorized by a general 

construction permit to apply for and obtain an individual permit. 

Cases where an individual permit may be required include, but are 

not limited to, the following: 

111.1.3.c.(i)(A) A change has occurred in the availability of control 

technology or practices for the control or abatement of air pollutants 

applicable to the source; or 

111.1.3.c.(i)(B) Circumstances have changed since the time of the request 

to be covered so that the source is no longer appropriately controlled 

under the general construction permit. 

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111.1.3.c.(ii) Any source authorized by a general construction permit may 

request to be excluded from the coverage of the general construction 

permit by applying for an individual permit, as provided for under this 

regulation, Parts A and B. 

111.1.3.c.(iii) When the Division issues an individual permit to a source 

otherwise subject to a general construction permit, the applicability of 

the general construction permit to the individual permittee is 

automatically terminated on the effective date of the individual 

permit. 

111.1.3.c.(iv) A source excluded from a general construction permit solely 

because it already has an individual permit may request that the 

individual permit be revoked, and that it be covered by the general 

construction permit. Upon revocation of the individual permit, the 

general construction permit shall apply to the source. 

111.1.3.c.(v) In determining whether an individual permit is required, the 

Division may consider the compliance history and current 

compliance status of the source. 

111.1.4. The Division shall review the application and certify or deny the request based on 

criteria specified in the general construction permit established by the Division for that 

type of source. 

111.1.5. General construction permits shall include conditions necessary to ensure the 

sources will meet all applicable requirements. 

111.1.6. General construction permits issued by the Division may include the following 

requirements, as appropriate and as specified in each permit: 

111.1.6.a. An operating and maintenance plan for all control equipment and control 

practices; 

111.1.6.b. A record keeping format for demonstrating compliance; 

111.1.6.c. Monitoring methods to assure compliance; and 

111.1.6.d. Alternative operating scenarios that include specific monitoring, record 

keeping, and reporting methods that will assure compliance with the permit 

conditions. · 

111.1.7. All general construction permits shall undergo statewide public notice. If a source 

wants to be covered under a general construction permit, the source must apply 

within the time period specified in the public notice. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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PARTC CONCERNING OPERATING PERMITS 

I. Applicability 

The provisions of this Regulation Number 3, Part C shall apply statewide to all sources of air 

pollutants that are required to obtain an operating permit as specified in Section II. The provisions of 

this Part C shall also apply, except as otherwise provided herein, to those minor sources of air 

pollutants that voluntarily choose to obtain an operating permit. 

I.A. DEFINITIONS 

I.A.1. Affected Source 

(acid deposition program) A source of air pollutants that includes one or more fossil fuel fired 

combustion devices subject to emission reduction requirements or limitations under Title IV of 

the Federal Act, Code of Federal Regulations Title 40, Part 72, or under the state Act. 

I.A.2. Minor Permit Modification 

Any revisions to an operating permit issued by the Division that meets the criteria of Sections 

X. or XI. of this Part C. 

I.A.3. Permit Modification 

Any revision to an operating permit issued by the Division that cannot be accomplished under 

the administrative permit amendment procedures set forth in Section Ill. of Part A of this 

regulation, or the minor permit modification procedures set forth in Sections X. or XI. of this 

Part C. A permit modification for purposes of the acid rain portion of a permit shall be 

governed by regulations promulgated under Title IV of the Federal Act, found at Code of 

Federal Regulations, Title 40, Part 72. 

I.A.4. Permit Shield 

Where a source operates in compliance with all operating permit terms and conditions, the 

source shall be deemed in compliance with the state and Federal Acts where the permit 

includes all applicable requirements of such acts, specifically states that other identified 

provisions are not applicable, and states that the permit shield applies. The permit shield 

does not apply to terms and conditions that become applicable to the source subsequent to 

permit issuance. The permit shield shall not alter or affect the provisions of Colorado 

Revised Statutes Sections 25-7-112 or 25-7-113, Section 303 of the Federal Act, the 

applicable requirements of the acid rain program, consistent with Section 408(a) of the 

Federal Act, or the ability of the Administrator to obtain information from a source pursuant to 

Section 114 of the Federal Act; nor shall the permit shield affect the liability of an owner or 

operator of a source for any violation of applicable requirements prior to or at the time of 

permit issuance. 

I.A.5. Renewal of an Operating Permit 

The process by which a permit is reissued at the end of its term. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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I.A.6. Section 502(b)(10) Changes 

Page 79 

Changes that contravene an express permit term. Such changes do not violate applicable 

requirements or contravene federally enforceable permit terms and conditions that are 

monitoring (including test methods}, record keeping, reporting, or compliance certification 

requirements. 

I.A.?. Significant Permit Modification 

All operating permit modifications that do not qualify as minor permit modifications or as 

administrative permit amendments. At a minimum, a significant permit modification shall 

include: 

I.A.7.a. Any change that causes a significant increase in the rate of emissions as 

described by any permit term or condition; 

I.A.7.b. Any change that is considered a modification under Title I of the Federal Act; 

I.A.7.c. Any change that requires or changes a case-by-case determination of an 

emission limitation or other standard; 

I.A.7.d. Any change that requires or changes a source specific determination for 

temporary sources of ambient impacts; 

I.A.7.e. Any change that requires or changes a visibility or increment analysis; 

I.A.7.f. Every significant change in existing monitoring permit terms or conditions; 

and 

I.A.7.g. Every relaxation of reporting or record keeping permit terms or conditions. 

I.A.7.h. Every change that seeks to establish or change a permit term or condition for 

which there is no corresponding underlying applicable requirement and that 

the source has assumed to avoid an applicable requirement to which the 

source would otherwise be subject. Such terms and conditions include: 

I.A.7.h.(i) A federally enforceable emissions cap assumed to avoid 

Classification as a modification under any provision of Title I of the 

Federal Act; and 

I.A.7.h.(ii) An alternative emissions limit approved pursuant to 

regulations promulgated under Section 112(i)(5) of the Federal Act 

I.A. 7.i. The establishment of a Plant-wide Applicability Limitation (PAL) in 

accordance with Section XVII. of Part D of this regulation. 

I.A. 7.j. All significant permit modifications shall be processed using the procedures 

set forth in Part C of Regulation Number 3 for combined 

Construction\Operating Permit issuance. Such source may choose to obtain 

a construction permit pursuant to Part B and shall subsequently meet the 

operating permit requirements of Part C. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II. General Requirements for Operating Permits 

II.A. General Considerations 

II .A.1. Except where specifically authorized by the terms of this Regulation Number 3, Part 

C, no person shall operate any of the following sources without first obtaining an 

operating permit in accordance with the provisions of this regulation. 

. 5 CCR 1001-5 

II.A.1.a. Any affected source; 

II .A.1.b. Any major source; with the exception of those sources that would be major 

based only on total suspended particulates emissions 

II.A.1.c. Any source required to have a permit pursuant to the prevention of significant 

deterioration program of Part C, Title I, of the Federal Act; 

II .A.1.d. Any source required to have a permit pursuant to the program for the 

attainment and maintenance of national ambient air quality standards or Part 

D of Title I of the Federal Act; and 

II.A.1.e. Any solid waste incineration unit that is a distinct operating unit of any facility 

that combusts any solid waste material from commercial or industrial 

establishments or the general public (including single residences, hotels, and 

motels). Such term does not include: (1) incinerators or other units required 

to have a permit under United States Code Title, 42, Section 6925 of the 

Solid Waste Disposal Act; (2) materials recovery facilities (including primary 

or secondary smelters) which combust waste for the primary purpose of 

recovering metals; (3) qualifying small power production facilities, as defined 

in United States Code Title 16, Section 769(17)(C), or qualifying 

cogeneration facjlities, as defined in United States Code Title 16, Section 

796(18)(8), of the Federal Power Act, that burn homogenous waste for the 

production of electric energy or in the case of qualifying cogeneration 

facilities that burn homogeneous waste for the production of electric energy 

and steam or forms of useful energy (such as heat) that are used for 

industrial, commercial, heating, or cooling purposes; or (4) air curtain 

incinerators provided that such incinerators only burn wood wastes, yard 

wastes and clean lumber and that such air curtain incinerators comply with 

any applicable opacity limitations. Operating permits for solid waste 

incineration units shall be obtained within thirty-six months of promulgation of 

a new source performance standard applicable to such units, or by 

November 15, 1994, whichever is later. 

II.A.1.f. Any source designated by the Administrator and the Commission as 

requiring an operating permit. 

II.A.1.g. A source is not required to obtain an operating permit solely because it is 

subject to regulation or requirements pursuant to Section 112(r) of the 

Federal Act. 

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II.E.3.fff.(ii)(D) An oil/water mixture with a vapor pressure less than 

or equal to that of diesel fuel (Reid vapor pressure of .025 

psia). 

II.E.3.ggg. Each individual piece offuel burning equipment that uses gaseous 

fuel, and that has a design rate less than or equal to ten million British 

thermal units per hour, and that is used solely for heating buildings for 

personal comfort. 

II.E.3.hhh. Natural gas vehicle fleet fueling facilities. 

II.E.3.iii.Eiectric motors driving equipment at non-commercial machining shops. 

II.E.3.jjj.Recreational swimming pools. 

II.E.3.kkk. Forklifts. 

II.E.3.111.Handling equipment and associated activities for glass that is destined for 

recycling. 

II.E.3.mmm. Containers, reservoirs, or tanks used exclusively for dipping 

operations, that contain no organic solvents, for coating objects with oils, 

waxes, greases, or natural or synthetic resins. 

II.E.3.nnn. Stationary Internal Combustion Engines that: 

II. E.3.nnn.(i) Are power portable drilling rigs; or 

II. E.3.nnn.(ii) Are emergency power generators that operate no more than 

two hundred fifty hours per year; or 

II. E.3.nnn.(iii) Have uncontrolled actual emissions less than five tons per 

year or manufacturer's site-rated horsepower of less than fifty 

II.E.3.ooo. The collection, transmission, liquid treatment, and solids treatment 

processes at domestic wastewater treatment works, or treatment facilities 

that treat only domestic type wastewater, except for combustion processes. 

II.E.3.ppp. Gasoline stations located in ozone attainment areas. 

II.E.3.qqq. *Surface mining activities that mine seventy thousand tons or fewer 

of product material per year. A fugitive dust control plan is required for such 

sources. Crushers, screens and other processing equipment activities are 

not included in this exemption. 

II.E.3.rrr. Composting piles, however, all odor requirements of Regulation 

Number 2 must be met. 

II.E.3.sss. Fugitive emissions of hazardous air pollutants that are natural 

constituents of native soils and rock (not added or concentrated by chemical 

or mechanical processes) from underground mines or surface mines unless 

such source is a major source of hazardous air pollutants under Part C of this 

Regulation Number 3. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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5 CCR 1001-5 

II.E.3.ttt. The use of pesticides, fumigants, and herbicides when used in 

accordance with requirements established under the federal Insecticide, 

Fungicide and Rodenticide Act as established by the U.S. EPA (United 

States Code Title 7, Section 136 et seq.). 

II.E.3.uuu. Ventilation of emissions from mobile sources operating within a 

tunnel, garage, or building that are not operating for transportation purposes 

and are subject to stationary source requirements. 

II.E.3.vvv. Non-asbestos demolition. 

II.E.3.www. Sandblast equipment when the blast media is recycled and the 

blasted material are collected. 

II.E.3.xxx. Stationary internal combustion engines: 

II.E.3.xxx.(i) *Less than or equal to 175 horsepower which operate less 

than 1 ,450 hours per year. 

II.E.3.xxx.(ii) *Greater than 175 horsepower and less than or equal to 300 

horsepower which operate less than 850 hours per year. 

II.E.3.xxx.(iii) *Greater than 300 horsepower and less than or equal to 750 

horsepower which operate less than 340 hours per year. 

II.E.3.yyy. Surface water storage impoundment of non-potable water and storm 

water evaporation ponds, with the exceptions of impoundment of oil and gas 

production wastewater (including produced water tanks) containing equal to 

or more than one percent by volume crude oil on an annual average and 

commercial facilities that accept oil and gas production wastewater for 

processing. 

II.E.3.zzz. 

II.E.3.aaaa. 

II.E.3.bbbb. 

II.E.3.cccc. 

II.E.3.dddd. 

II.E.3.eeee. 

Non-potable water pipeline vents. 

Steam vents and safety release valves. 

Exemption Repealed. 

Seal and lubricating oil systems for steam turbine electric generators. 

Venting of natural gas lines for safety purposes. 

Chemical storage tanks 

II.E.3.eeee.(i) *Sulfuric acid storage tanks not to exceed ten thousand five 

hundred gallons capacity. 

II.E.3.eeee.(ii) *Sodium hydroxide storage tanks. 

II.E.3.ffff. Wet screening operations notwithstanding the applicability of the 

New Source Performance Standards included in the Code of Federal 

Regulations, Title 40, Part 60, Subpart 000. 

II.E.3.gggg. *Any condensate storage tank with a production rate of 730 barrels 

per year or less or condensate storage tanks that are manifold together with 

a production rate of 730 barrels per year or less that are owned and operated 

by the same person, and are located at exploration and production sites. 

CODE OF COLORADO REGULATIONS 
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VI II.D. A final action approving a request for coverage under a general permit shall not be subject to 

judicial review. A source may seek judicial review of a final action denying coverage under a 

general permit. 

VII I.E. If some, but not all, of a source's operations, activities, and emissions are eligible for 

coverage under one or more general permits, the source may apply for and receive coverage 

under the general permits for the operations, activities, and emissions that are so eligible. If 

the source is required under Section II. of this Part C to obtain an operating permit 

addressing the remainder of its operations, activities, and emissions, it may apply for, and 

receive, an operating permit that addresses specifically those items not covered by general 

permits. In such a case, the source's operating permit shall identify all operations, activities, 

and emissions that are subject to general permits and incorporate those general permits by 

reference. 

VIII.F. Sources that would qualify for a general permit must apply to the Division for coverage under 

the terms of the general permit or must apply for an operating permit under Section Ill. of this 

Part C. without repeating the public participation procedures required under Section VI. of this 

Part C, the Division may grant a source's request for authorization to operate.under a general 

permit. Such a grant shall not be a final permit action for purposes of judicial review. 

VIII. G. Upon granting of the general permit by the Division, the source must keep a copy of the 

permit on-site at all times. · 

VIII.H. A general operating permit shall not be issued to a major source where issuance of a general 

permit would cause a violation of any applicable requirement in any other operating permit 

held by the source, or where issuance of a general operating permit operates to allow the 

source to avoid a modification under Title I of the Federal Act. 

VIII. I. A source may commence operations under the general operating permit sixty days after 

submitting its application for a general operating permit unless notified by the Division within 

that time period that additional information is required to determine whether the source 

qualifies for a general operating permit. Nothing herein precludes the Division from 

requesting additional information after sixty days have elapsed since the source's submission 

of a general operating permit application. 

VIII.J. The application shield shall become effective upon the source's submission of a complete 

application, in accordance with Section II.B. of this Part C. 

VIII.K. The permit shield shall become effective upon issuance of the general operating permit by 

the Division. 

VIII.L. The general operating permits, as developed by the Division, shall be required to undergo 

review by the Administrator, affected states and the public, as set forth in Sections V.B., VI., 

and IX. of this Part C every five years. 

IX. Review By Affected States 

IX.A. The Division shall give notice of each draft-operating permit to any affected state on or before 

the time that the Division provides public notice under Section VI. of this Part C, except where 

the requirements for timing of notices are different pursuant to Sections X., X. I., and XII. of 

this Part C. 

IX. B. The Division shall notify the U.S. EPA and any affected state in writing of any refusal by the 

Division to accept all recommendations for the proposed permit that the affected state 

submitted during the public or affected state review period. Said notice will include the 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

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Division's reasons for not accepting any such recommendation. The Division is not required 

to accept recommendations that are not based on applicable requirements. 

X. Minor Permit Modification Procedures 

X.A. Minor permit modification procedures may be used only for those permit modifications that: 

X.A.1. Do not violate any applicable requirement; 

X.A.2. Do not involve significant changes to existing monitoring, reporting, or record keeping 

requirements in a permit; 

X.A.3. Do not require or change a case-by-case determination of an emission limitation or 

other standard or a source-specific determination for temporary sources of ambient 

impacts, or a visibility or increment analysis; 

X.A.4. Do not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement and that the source has assumed 

to avoid an applicable requirement to which the source would otherwise be subject. 

Such terms and conditions include: 

X.A.4.a.A federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I of the Federal Act, including but not 

limited to modifications under Part 2 of the state Act (prevention of significant 

deterioration), Part 3 of the state Act (attainment), or New Source 

Performance Standards (Regulation Number 6); 

X.A.4.b.An alternative emissions limit approved pursuant to regulations promulgated 

under Colorado Revised Statute Section 25-7-109.3 or Section 112(i)(5) of 

the federal Act (Regulation Number 8); 

X.A.S. Are excepted from the definition of permit modification in Section I.A.3. of Part C. 

X.A.6. Are not otherwise required by the Division to be processed as a significant 

modification. 

X. B. Notwithstanding Sections X.A.S.and XI. (group processing criteria), minor permit modification 

procedures may be used for permit modifications involving the use of economic incentives, 

marketable permits, emissions trading, and other approved approaches, to the extent that 

such minor permit modification procedures are otherwise provided for in the state 

implementation plan promulgated pursuant to the state Act. 

X.C. An application for a minor permit modification shall be prepared on forms supplied by the 

Division. 

X. D. Applications shall meet the requirements of an application for an operating permit as set forth 

in Commission Regulation Number 3, Part C, Section Ill., and be signed by a responsible 

official. The applicant shall furnish all information and data required by the Division to 

evaluate the minor permit modification application, and shall include the following: 

. X.D.1. A description of the change, the emissions resulting from the change, and any new 

applicable requirements that will apply if the change occurs; 

X.D.2. The sources suggested draft permit; 

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X.D.3. Certification by a responsible official that the proposed modification meets the criteria 

for use of minor permit modification procedures and a request that such procedures 

be used; and 

X.D.4. Completed forms supplied by the Division for the Division to use to notify the 

Administrator and affected states. 

X.D.S. Data necessary to allow the Division to determine whether the source complies with: 

X.D.S.a. All applicable emission control regulations; 

X.D.S.b. Applicable regulations for the control of hazardous air pollutants; 

X.D.S.c.Requirements of the nonattainment and attainment programs (Sections V. 

and VI. of Part D of this regulation); and 

X.D.S.d. Any applicable ambient air quality standards and all applicable 

regulations. When the data includes modeling, the model used shall be an 

appropriate one given the topography, meteorology, and other characteristics 

of the region, which the source will impact; 

X.D.6. Copies of Air Pollutant Emission Notice(s) on file with the Division indicating 

production/process rates for which the operating permit is to be evaluated, or, if Air 

Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant 

Emission Notice(s) shall be submitted in accordance with Part A, Section II. The Air 

Pollutant Emission Notice fee will not be charged for submission of copies of current 

Air Pollutant Emission Notice(s) previously filed with the Division. 

X.E. An application for a minor permit modification will not be deemed to be complete until all 

information and data (including any required ambient air impact analysis in accordance with 

Section VIII. of Part A) required to evaluate the application have been submitted to the 

Division. 

X.F. Within five working days of receipt of a complete minor permit modification application, the 

Division shall send a copy of the notice completed pursuant to Section X.D.4., above, to the 

Administrator. 

X. G. Within five working days of receipt of a complete minor permit modification application, the 

Division shall send a copy of the notice completed pursuant to Section X.D.4., above, to 

affected states. Notice to affected states shall not be required for minor sources that 

voluntarily apply for an operating permit to obtain the operational flexibility set forth in this 

Part C. The Division shall notify the Administrator and any affected state of any refusal by 

the Division to accept all recommendations for the proposed revised permit under the minor 

permit modification procedures that the affected state submitted during its review period. The 

Division shall include in such notice its reasons for not accepting any such recommendation. 

The Division is not required to accept recommendations that are not based on applicable 

requirements under the state or Federal Act. Notice to affected states and to the 

Administrator is not required for minor modifications involving state only conditions. 

X. H. Within ninety calendar days of receipt of a complete application for minor permit modification, 

or fifteen calendar days after the end of the Administrator's forty five day review period, 

whichever is later, the Division shall: 

X.H.1. Issue the minor permit modification as proposed; 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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X.H.2. Deny the minor permit modification application; 

X.H.3. Determine that the requested modification does not meet the minor permit 

modification criteria and should be reviewed under the significant modification 

procedures; or 

X.H.4. Revise the draft minor permit modification and transmit to the Administrator the new 

proposed minor permit modification as required in this Regulation Number 3, Part C, 

Section V.B.5. 

X.l. A source shall be allowed to make the changes proposed in its application for minor permit 

modification immediately after it files such application. If the source elects to make such 

changes, and until the Division issues its final determination in accordance with Sections 

X.H.1. through X.H.4., above, the source must comply with both the applicable requirements 

governing the change and the proposed permit terms and conditions. During this time, the 

source does not need to comply with existing permit terms and conditions it seeks to modify, 

but if the source fails to comply with its proposed permit terms and conditions during this 

period, the existing permit terms and conditions it seeks to modify shall be fully enforceable 

by the Division. 

X.J. The permit shield shall not extend to minor permit modifications. 

X.K. A permit modification for purposes of the acid rain portion of a permit shall be governed by 

regulations promulgated under Title IV of the Federal Act, found at Code of Federal 

Regulations Title 40, Part 72. 

XI. Procedures For Group Processing Of Minor Permit Modification Applications 

XI.A. Group processing of applications for modifications eligible for minor permit modification 

processing may be used only for those permit modifications that: 

XI.A.1. Meet the requirements of Part C, Sections X.A.1. through X.A.6., above, for minor 

permit modification procedures; and 

XI.A.2. That collectively is below the lowest threshold level as set forth below: 

XI.A.2.a. Ten percent of the emissions allowed by the permit for the emissions 

unit for which the change is requested; or 

XI.A.2.b. Twenty percent of the applicable definition of major source; or 

XI.A.2.c. Five tons per year, whichever is less. 

XI. B. An application shall be filed with the Division for each change the source proposes to make, 

describing the change and the new emissions resulting from the change and notifying the 

Division that the source intends to request group processing of such minor modification 

applications in accordance with Section XI.C.4., below. An application for group processing 

of minor permit modifications shall be prepared on forms supplied by the Division. 

XI. C. Applications shall meet the requirements of an application for an operating permit as set forth 

in Commission Regulation Number 3, Part C, Section Ill., and be signed by a responsible 

official. The applicant shall furnish all information and data (including any required ambient 

air impact analysis in accordance with Section VIII. of Part A of this regulation) required by 

the Division to evaluate the minor permit modification application and shall include the 

following: 

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XI.C.1. A description of the change, the emissions resulting from the change, and any new 

applicable requirements that will apply if the change occurs; 

XI.C.2. The sources suggested draft permit; 

XI.C.3. Certification by a responsible official that the proposed modification meets the criteria 

for use of group processing procedures and a request that such procedures be used; 

XI.C.4. A list of the source's other pending applications awaiting group processing, and a 

determination of whether the requested modification, aggregated with these other 

applications, equals or exceeds the threshold set under Sections XI.A.2.a. through 

XI.A.2.c. of this Part C; 

XI.C.S. Certification by a responsible official that the source has notified the U.S. EPA of the 

proposed modification. Such notification need only contain a brief description of the 

requested modification; 

XI.C.6. Copies of Air Pollutant Emission Notice(s) on file with the Division indicating 

production/process rates for which the operating permit is to be evaluated, or, if Air 

Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant 

Emission Notice(s) shall be submitted in accordance with Part A, Section II. The Air 

Pollutant Emission Notice fee will not be charged for submission of copies of current 

Air Pollutant Emission Notice(s) previously filed with the Division. 

XI.C.7. Completed forms for the permitting authority to use to notify the Administrator and 

affected states. Notice to affected states is not required for minor sources voluntarily 

applying for an operating permit to obtain the operational flexibility set forth in this 

Part C. Notice to affected states and the Administrator is not required for group 

processing of minor modifications involving state only conditions. 

XI.C.8. As provided for in the state implementation plan, minor permit modifications made 

pursuant to this Section XI. will not trigger the procedural requirements otherwise 

applicable for modifications pursuant to Part 8 of this regulation. 

XI.D. On a quarterly basis, or within five business days of receipt of an application demonstrating 

that the aggregate of a source's pending applications equals or exceeds the thresholds set 

forth in Section XI.A.2.,.whichever is earlier, the Division shall promptly notify the 

Administrator and affected states. A source shall only be allowed to aggregate its increased 

emissions caused by changes made in accordance with this Section XI. during each five-year 

permit term, except that any aggregation of emissions that equals or exceeds the thresholds 

set forth in Section A.2. shall trigger the procedural requirements set forth in this Section XI. 

All aggregation of emissions not addressed through the procedures set forth in this Section 

XI. shall be incorporated into the operating permit upon renewal. 

The Division shall promptly notify the Administrator and any affected state of any refusal by 

the Division to accept all recommendations for the proposed revised permit under the group 

processing of minor permit modifications that the affected state submitted during its review 

period. The Division shall include in such notice the reasons for not accepting any such 

recommendation. The Division is not required to accept recommendations that are not based 

on applicable requirements under the state or Federal Acts. 

XI. E. Within one hundred and eighty calendar days of receipt of a complete application for group 

processing of minor permit modifications under this Section XI., or fifteen calendar days after 

the end of the Administrator's forty-five days review period, whichever is later, the Division 

shall: 

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XI.E.1. Issue the minor permit modification as proposed; 

XI.E.2. Deny the minor permit modification application; 

XI.E.3. Determine that the requested modifications do not meet the minor permit modification 

" criteria and should be reviewed under the significant modification procedures; or 

XI.E.4. Revise the draft minor permit modification and transmit to the Administrator the new 

proposed minor permit modification. 

XI. F. A source shall be allowed to make the changes proposed in its application for group 

processing of minor permit modifications immediately after it files such application. If the 

source elects to make such changes, and until the Division issues its final determination in 

accordance with Sections XI.E.1. through XI.E.4. above, the source must comply with both 

the applicable requirements governing the change and the proposed permit terms and 

conditions. During this time, the source does not need to comply with existing permit terms 

and conditions it seeks to modify, but if the source fails to comply with its proposed permit 

terms and conditions during this period, the existing permit terms and conditions it seeks to 

modify shall be fully enforceable by the Division. · 

XI. G. The permit shield shall not extend to minor permit modifications made pursuant to the group 

processing procedures in this Section XI. 

XII. Operational Flexibility 

XII.A. Section 502{b)(10) changes 

XII.A.1. No permit revision is necessary for changes within a permitted facility, if the changes 

are excepted from the definition of modification in Part A, Section 1.8.28. of this 

Regulation Number 3, and the changes do not exceed the emissions allowable under 

the permit, whether expressed therein as a rate of emissions or in the terms of total 

emissions, and provided that notice is provided to the Division as set forth below: 

5 CCR 1001-5 

XII.A.1.a. For each such change, the facility shall provide the Administrator and 

the Division with a minimum of seven days' written notification in advance of 

the proposed changes. The notice must be received by the Division no later 

than seven days in advance of the proposed changes. The source, the 

Division, and the Administrator shall attach each such notice to their copy of 

the relevant permit; 

XII.A.1.b. For each such change, the written notification required above shall 

include a brief description of the change within the permitted facility, the date 

on which the change will occur, any change in emissions, and any permit 

term or condition that is no longer applicable because of the change; 

XII.A.1.c. A source shall be allowed to make such change proposed in its 

notice on the day following the last day of the advance notice described in 

this section if the Division has not responded nor objected to the proposed 

change on or before that day; and 

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II.A.4.b.(iv) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive twenty-four month period must 

be used to determine the baseline actual emissions for the emissions 

units being changed. A different consecutive twenty-four month 

period can be used for each regulated NSR pollutant. 

II.A.4.b.(v) The average rate shall not be based on any consecutive twentyfour month period for which there is inadequate information for 

determining annual emissions, in tons per year, and for adjusting this 

amount if required under Sections II.A.4.b.(ii) and II.A.4.b.(iii) of this 

part. 

II.A.4.c. For a new emissions unit, the baseline actual emissions for purposes of 

determining the emissions increase that will result from the initial construction 

and operation of such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit (as defined in Section 1.8.35. 

of Part A of this regulation). 

II.A.4.d. For a PAL for a major stationary source, the baseline actual emissions shall 

be calculated for existing electric utility steam generating units in accordance 

with the procedures contained in Section II.A.4.a., for other existing 

emissions units in accordance with the procedures contained in Section 

II.A.4.b., and for a new emissions unit in accordance with the procedures 

contained in Section II.A.4.c. 

liAS. Baseline Area 

II.A.S.a. Any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Sections 1 07(d)(1 )(A)(ii) or (iii) of the Federal Act in 

which the major source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact for the 

pollutant for which the baseline date is established, as follows: equal to or 

greater than one microgram/cubic meter (1 J..lg/m3) (annual average) for 

S02, N02, or PM1 0; or equal to or greater than 0.3 J..lg/m3) (annual average) 

for PM2.5. 

II .AS. b. Area redesignations under Section 107(d)(1 )(A)(ii) or (iii) of the Federal Act 

cannot intersect or be smaller than the area of impact of any major stationary 

source or major modification that: 

II.A.S.b.(i) Establishes a minor source baseline date, or 

II.A.S.b.(ii) Is subject to this Part D, and would be constructed in the same 

state as the state proposing the redesignation. 

II.A.S.c. Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining 

the amount of available PM10 increments, except that such baseline area 

shall not remain in effect if the permit authority rescinds the corresponding 

minor source baseline date in accordance with Section II.A.25.c; 

II.A.6. Baseline Concentration 

The ambient concentration level that exists in the baseline area at the time of the applicable 

minor source baseline date. A baseline concentration is determined for each pollutant for 

which a minor source baseline date is established and shall include: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.A.6.a. The actual emissions representative of sources in existence on the 

applicable minor source baseline date, except as otherwise provided in this 

definition; and 

II.A.6.b. The allowable emissions from major stationary sources that commenced 

construction before the major source baseline date, but were not in operation 

by the applicable minor source baseline date. 

II.A.6.c. The following will not be included in the baseline concentration and will affect 

the applicable maximum allowable increase(s): 

II.A.6.c.(i) Actual emissions from any major stationary source on which 

construction commenced after the major source baseline date; and 

II.A.6.c.(ii) Actual emission increases and decreases at any stationary source 

occurring after the minor source baseline date. 

II .A.?. Begin Actual Construction 

Initiation of physical on-site construction activities on an emissions unit that are of a 

permanent nature. Such activities include, but are not limited to, installation of building 

supports and foundations, laying of underground pipe work, and construction of permanent 

storage structures. With respect to a change in the method of operation, this term refers to 

those on-site activities other than preparatory activities that mark the initiation of the change. 

II.A.8. Best Available Control Technology (BACT) 

An emission limitation (including a visible emissions standard) based on the maximum 

degree of reduction of each regulated NSR pollutant that would be emitted from any 

proposed major stationary source or major modification that the Division or Commission, on a 

case-by-case basis, taking into account energy, environmental, and economic impacts and 

other costs, determines is achievable for such source or modification through application of 

production processes or available methods, systems, and techniques, including fuel cleaning 

or treatment or innovative fuel combustion techniques for control of such pollutant. In no 

event shall application of the best available control technology result in emissions of any 

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

Federal Regulations, Title 40, Parts 60 and 61 (Regulation Number 6, Part A, and Regulation 

Number 8, Part A) as in effect on the effective date of this clause, but not including later 

amendments, unless such amendments are specifically incorporated by reference in 

accordance with the provisions of 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 Department of Public Health and Environment, 4300 

Cherry Creek Drive South, Denver, Colorado 80246-1530. 

If the Division or Commission determines that technological or economic limitations on the 

application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, it may instead prescribe designs, equipment, 

work practices, operational standards or combination thereof, to satisfy the requirement for 

the application of best available control technology. Such standard shall, to the degree 

possible, set forth the emissions reduction achievable by implementation of such design, 

equipment, work practice or operation and shall provide for compliance by means that 

achieve equivalent results. 

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II.A.22.d.(viii)(A) The Colorado State Implementation Plan, and 

II.A.22.d.(viii)(B) Other requirements necessary to attain and maintain the National Ambient Air Quality Standards during the 

project and after it is terminated. 

II.A.22.d.(ix) For major stationary sources in attainment areas: 

II.A.22.d.(ix)(A) The installation or operation of a permanent clean 

coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant 

emitted by the unit. The exemption shall apply on a pollutant-by-pollutant basis. 

II.A.22.d.(ix)(B) the reactivation of a very clean coal fired electric 

utility steam generating unit. 

II.A.22.d.(x) The reactivation of a very clean coal fired electric utility steam 

generating unit. 

II.A.22.e. This definition shall not apply with respect to a particular regulated NSR 

pollutant when the major stationary source is complying with the 

requirements under Section XV. of this Part D for a PAL for that pollutant. 

Instead, the definition in Section II.A.30. of this part shall apply. 

II.A.22.f. Emissions caused by indirect sources of pollution, emissions from internal 

combustion engines on any vehicle, and emissions resulting from temporary 

construction or exploration activities shall be excluded in determining 

whether a major modification will occur. 

Emissions from on-going construction are not considered to be temporary 

emissions, and are included in determining whether a major modification will 

occur. 

Fugitive emissions from the listed sources in Section II.A.24.a. and any other 

stationary source category that, as of August 7, 1980 was regulated under 

Sections 111 or 112 of the Federal Act (as adopted in Regulations Nos. 6, 

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

in calculating the potential to emit of the modification. 

II.A.23. Major Source Baseline Date 

II.A.23.a. In the case of PM1 0 and sulfur dioxide, January 6, 1975; 

II.A.23.b. In the case of nitrogen dioxide, February 8, 1988; and 

ii.A.23.c. In the case of PM2.5, October 20, 2011. 

II.A.24. Major Stationary Source 

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 

stationary source means: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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5 CCR 1001-5 

II.A.24.a.(i) Any of the following stationary sources of air pollutants that emits, 

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

any regulated NSR pollutant: 

II.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input 

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

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

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

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

II.A.24.a.(i)(F) Iron and steel mill plants 

II.A.24.a.(i)(G) Primary aluminum ore reduction plants 

II.A.24.a.(i)(H) Primary copper smelters 

II.A.24.a.(i)(l) Municipal incinerators capable of charging more than 

250 tons of refuse per day 

II.A.24.a.(i)(J) Hydrofluoric, sulfuric, and nitric acid plants 

II.A.24.a.(i)(K) Petroleum refineries 

II.A.24.a.(i)(L) Lime plants 

II.A.24.a.(i)(M) Phosphate rock processing plants 

II.A.24.a.(i)(N) Coke oven batteries 

II.A.24.a.(i)(O) Sulfur recovery plants 

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

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) totaling 

more than 250 million British thermal units per hour heat input 

II.A.24.a.(i)(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels 

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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.(ii) Notwithstanding the stationary source size specified in Section 

II.A.24.a.(i), any stationary source that emits, or has the potential to 

emit, two hundred and fifty tons per year or more of any regulated 

NSR pollutant. 

II.A.24.b.For the purpose of determining whether a source in a nonattainment area is 

subject to the requirements of Section V. of this part, and whether a source in 

an attainment area affecting a nonattainment area is subject to the 

requirements of Section VI. D. of this part, major stationary source means any 

stationary source of air pollutants that emits, or has the potential to emit 1 00 

tons per year or more of any regulated NSR pollutant for which the area is 

nonattainment. Additionally, a source causing or contributing to a violation of 

a national ambient air quality standard for any pollutant regulated under 

Section 110 of the Federal Act shall be considered a major stationary source 

when it has the potential to emit one hundred tons per year or more of that 

pollutant. The source will be considered to cause or contribute to a violation 

where the source exceeds the significance levels in the table under Section 

VI.D.2. of this Part D. Such source is subject to the requirements of Section 

VI. of this Part D. 

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

stationary source not otherwise qualifying as a major stationary source under 

Sections II.A.24.a and II.A.24.b. of this part, if the change would constitute a 

major stationary source by itself. 

II.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 major 

stationary source, unless the source belongs to one of the categories of 

stationary sources listed in Section II.A.24.a.(i) or any other stationary source 

category which, as of Augu'st 7, 1980, is regulated under Section 111 or 112 

of the Federal Act. 

II.A.24.f.Emissions caused by indirect air pollution sources (as defined in Section 

1.8.24. of Part A of this regulation), emissions from internal combustion 

engines on any vehicle, and emissions resulting from temporary activities, 

such as construction or exploration, shall be excluded in determining whether 

a source is a major stationary source. Emissions from ongoing construction 

are not considered to be temporary emissions and are included in 

determining whether a major modification will occur. 

II.A.24.g.A major stationary source in the Denver Metro PM10 

attainmenUmaintenance area that is major for sulfur dioxide or nitrogen 

oxides shall be considered major for PM10. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.A.25. Minor Source Baseline Date 

II.A.25.a.The earliest date after the trigger date that a major stationary source or a 

major modification subject to the requirements of Section VI. of this Part D 

submits a complete application under the relevant regulations. The trigger 

date is: 

II.A.25.a.(i) In the case of PM10 and sulfur dioxide, August 7, 1977; 

II.A.25.a.(ii) In the case of nitrogen dioxide, February 8, 1988; and 

II.A.25.a.(iii) In the case of PM2.5, October 20, 2011. 

II.A.25.b. The baseline date is established for each pollutant for which 

increments or other equivalent measures have been established if: 

II.A.25.b.(i) The area in which the proposed source or modification would 

construct is designated as attainment or unclassifiable under 

Sections 1 07(d)(1 )(A(ii) or (iii) of the Federal Act for the pollutant on 

the date of its complete application under Section VI. of this part; and 

II.A.25.b.(ii) In the case of a major stationary source the pollutant would 

be emitted in significant amounts, or, in the case of a major 

modification, there would be a significant net emissions increase of · 

the pollutant. 

II.A.25.c. Any minor source baseline date established originally for the Total 

Suspended Particulates increments shall remain in effect and shall apply for 

purposes of determining the amount of available PM1 0 increments, except 

that the Division may rescind any such minor source baseline date where it 

can be shown, to the satisfaction of the Division, that the emissions increase 

from the major stationary source, or the net emissions increase from the 

major modification, responsible for triggering that date did not result in a 

significant amount of PM10 emissions. 

II.A.26. Net Emissions Increase 

5 CCR 1001-5 

II.A.26.a. With respect to any regulated NSR pollutant emitted by a major stationary 

source, the amount by which the sum of the following exceeds zero: 

II.A.26.a.(i) The increase in the actual emissions from a particular 

physical change or change in the method of operation at a stationary 

source calculated pursuant to Sections I.A.2. through I.A.3., and 1.8. 

of this Part D; and 

II.A.26.a.(ii) Any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with the 

particular change and are otherwise creditable. Baseline actual 

emissions for calculating increases and decreases under this 

paragraph shall be determined as provided in the definition of 

baseline actual emissions, except that paragraphs II.A.4.a.(iii) and 

II.A.4.b,(iv) of this Part D shall not apply. 

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

contemporaneous with the increase from the particular change only if it 

occurs within five years prior to the date that the increase from the parlicular 

change occurs. 

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

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

decrease occurs; and 

II.A.26.c.(ii) The Division has not relied on it in issuing a permit for the source 

under Regulation Number 3, or the U.S. EPA has not relied on it in 

issuing a permit under Title I, Part C of the Federal Act, which permit 

is in effect when the increase in actual emissions from the particular 

change occurs; and 

II.A.26.c.(iii) In order to establish a baseline emissions rate, the owner or 

operator must submit an Air Pollutant Emission Notice to the Division 

prior to the increase or decrease indicating actual emissions (as 

defined in Section II.A.1. of this of part) and the owner or operator 

must submit a revised Air Pollutant Emission Notice to the Division 

within one year after the increase or decrease occurs, or 

II.A.26.c.(iv) The owner or operator provides credible, demonstrable 

evidence to the Division of what actual emissions were before 

making the increase or decrease and what they were after making 

the increase or decrease. 

II.A.26.d. An increase or decrease in actual emissions of sulfur dioxide, particulate 

matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating 

the amount of maximum allowable increases remaining available. With 

respect to particulate matter, only PM1 0 emissions can be used to evaluate 

the net emissions increase for PM1 0 and only PM2.q emissions can be used 

to evaluate the net emissions increase for PM2.5. 

II.A.26.e. An increase in actual emissions is creditable only to the extent that the new 

level of actual emissions exceeds the old level. 

II.A.26.f. A decrease in actual emissions is creditable only to the extent that: 

II.A.26.f.(i) The Division has not relied on it in issuing any permit under this 

Part D, or has not relied on it in demonstrating attainment or 

reasonable further progress: 

II.A.26.f.(ii) The old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual 

emissions; 

II.A.26.f.(iii) It is federally enforceable as a practical matter at and after the 

time that actual construction on the particular change begins; and 

II.A.26.f.(iv) It has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the 

particular change; and 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.A.26.g. An increase that results from a physical change at a source occurs when 

the emissions unit on which construction occurred becomes operational and 

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

shakedown becomes operational only after a reasonabie shakedown period, 

not to exceed one hundred and eighty days. 

II.A.26.h. Section 1/.A.t.a. of this part shall not apply for determining creditable 

increases and decreases after a change. 

II.A.26.i. The organic compounds referenced in the common provisions definition of 

negligibly reactive volatile organic compounds are neither counted as 

reactive volatile organic compounds in determining significant ozone 

increases nor creditable against an increase in emissions of any volatile 

organic compound. 

II.A.26.j. Creditable Decreases for Fuel Switching. 

Generally, for credit to be given for the emissions reduction in potential to 

emit or actual emissions resulting from a physical change or change in 

method of operation of a major stationary source occurring on or after the 

effective date of this rule, an Air Pollutant Emission Notice reporting such 

reduction must be filed within one year after th!;l reduction occurs unless an 

extension is requested by the source and approved by the Division due to 

uncertainty as to the permanence of such reduction. At the time credit for 

any reduction is requested, such reduction must be enforceable. Such 

reductions must be enforceable through permit conditions or source specific 

state implementation plan revisions. 

II.A.27. Nonattainment Major New Source Review (NSR) Program 

A major stationary source preconstruction permit program that has been approved by the 

Administrator and incorporated into this Regulation Number 3. Any permit issued under the 

program is a major NSR permit. 

II.A.28. PAL Effective Date 

Generally means the date of issuance of the PAL permit. However, the PAL effective date for 

an increased PAL is the date any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

II.A.29. PAL Effective Period 

The period beginning with the PAL effective date and ending ten years later. 

II.A.30. PAL Major Modification 

Notwithstanding Sections II.A.22 and /I.A.26. of this Part D (the definitions for major 

modification and net emissions increase), any physical change in or change in the method of 

operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or 

greater than the PAL. 

II.A.31. PAL Permit 

The Operating Permit issued in accordance with this Part D that establishes a PAL for a 

major stationary source. 

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II.A.32. PAL Pollutant 

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

II.A.33. Plant-wide Applicability Limitation (PAL) 

An emission limitation expressed in tons per year, for a pollutant at a major stationary source 

that is enforceable as a practical matter and established source-wide in accordance with 

Section XV. of this Part D. 

II.A.34. Prevention of Significant Deterioration (PSD) Permit 

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

II.A.35. Project 

A physical change in, or change in the method of operation of, an existing major stationary 

source. 

II.A.36. Projected Actual Emissions 

II.A.36.a. The maximum annual rate, in tons per year, at which an existing emissions 

unit at a major stationary source is projected to emit a regulated NSR 

pollutant in any one of the five years (twelve-month period) following the date 

the unit resumes regular operation after the project, or in any one of the ten 

years following that date, if the project involves increasing the emissions 

unit's design capacity or its potential to emit of that regulated NSR pollutant 

and full utilization of the unit would result in a significant emissions increase 

or a significant net emissions increase at the major stationary source. 

II.A.36.b. In determining the projected actual emissions under Section I/.A.36.a., 

above, before beginning actual construction, the owner or operator of the 

major stationary source: 

II.A.36.b.(i) Shall consider all relevant information, including but not limited to, 

historical operational data, the company's own representations, the 

company's expected business activity and the company's highest 

projections of business activity, the company's filings with the State 

or Federal regulatory authorities, and compliance plans; and 

II.A.36.b.(ii) Shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions; 

and 

II.A.36.b.(iii) Shall exclude, in calculating any increase in emissions that 

results from the particular project, that portion of the unit's emissions 

following the project that an existing unit could have accommodated 

during the consecutive twenty-four month period used to establish 

the baseline actual emissions under Section II.A.4. of this part D and 

that are also unrelated to the particular project, including any 

increased utilization due to product demand growth; or, 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.A.36.b.(iv) In lieu of using the method set out in Sections I/.A.36.b.(i) 

through I/.A.36.b.(iii), may elect to use the emissions unit's potential 

to emit, in tons per year, as defined in Section 1.8.37. of Part A of this 

regulation. 

II.A.37. Reactivation of Very Clean Coal-fired Electric Utility Steam Generating Unit 

Any physical change or change in the method of operation associated with the 

commencement of commercial operations by a coal-fired utility unit after a period of 

discontinued operation where the unit: 

II.A.37.a. Has not been in operation for the two year period prior to the enactment of 

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

continue to be carried in the permitting authority's emissions inventory at the 

time of the enactment; 

II.A.37.b. Was equipped prior to shut-down with a continuous system of emissions 

control that achieves a removal efficiency for sulfur dioxide of no less than 

eighty-five percent and a removal efficiency for particulates of no less than 

ninety-eight percent; 

II.A.37.c. Is equipped with low-nitrogen oxide burners prior to the time of 

commencement of operations following reactivation; and 

II.A.37.d. Is otherwise in compliance with the requirements of the Federal Act. 

II.A.38. Regulated NSR Pollutant 

5 CCR 1001-5 

II.A.38.a. Nitrogen oxides or any volatile organic compound; 

II.A.38.b. Any pollutant for which a national ambient air quality standard has been 

promulgated; 

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

under Sections II.A.38.a. or II.A.38.b., above,(e.g. volatile organic 

compounds and oxides of nitrogen are precursors for ozone) provided that 

such a constituent or precursor pollutant may only be regulated under NSR 

as part of regulation of the general pollutant. Precursors for the purposes of 

New Source Review are the following: 

II.A.38.c.(i) Nitrogen oxides or any volatile organic compound are precursors 

to ozone; 

II.A.38.c.(ii) Sulfur dioxide is a precursor to PM2.5; 

II.A.38.c.(iii) Nitrogen oxides are precursors to PM2.5. 

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

111 of the Federal Act; 

II.A.38.e. Any pollutant that otherwise is subject to regulation under the Federal Act 

as defined in Section 1.8.44. or Part A; 

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II.A.38.f. Notwithstanding Sections II.A.38.a. through e. of this Part D, the term 

regulated NSR pollutant shall not include any or all hazardous air pollutants 

either listed in Section 112 of the Federal Act (that have not been delisted 

pursuant to Section 112(b )(3) of the Federal Act) or Appendix 8 of this 

regulation, unless the listed hazardous air pollutant is also regulated as a 

constituent or precursor of a general pollutant listed under Section 108 of the 

Federal Act. · 

II.A.38.g. Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions 

shall include gaseous emissions from a source or activity which condense to 

form particulate matter at ambient temperatures. On or after January 1, 

2011, such condensable particulate matter shall be accounted for in 

applicability determinations and in establishing emissions limitations for PM, 

PM2.5 and PM10 in PSD permits. Compliance with emission limitations for 

PM, PM2.5 and PM10 issued prior to this date shall not be based on 

condensable particulate matter unless required by the terms and conditions 

of the permit or the applicable implementation plan. Applicability 

determinations made prior to this date without accounting for condensable 

particulate matter shall not be considered in violation of this section. 

II.A.39. Replacement Unit 

An emissions unit for which all the criteria listed in Sections I/.A.39.a. through I/.A.39.d. are 

met. No creditable emission reductions shall be generated from shutting down the existing 

emissions unit that is replaced. 

I/.A.39.a. The emissions unit is a reconstructed.unit within the meaning of Code of 

Federal Regulations Title 40, Section 60. 15(b)(1 ), or the emissions unit 

completely takes the place of an existing emissions unit. 

I/.A.39.b. The emissions unit is identical to or functionally equivalent to the replaced 

emissions unit. 

II.A.39.c. The replacement does not alter the basic design parameters of the process 

unit. 

I/.A.39.d. The replaced emissions unit is permanently removed from the major 

stationary source, otherwise permanently disabled, or permanently barred 

from operation by a permit that is enforceable as a practical matter. If the 

replaced emissions unit is brought back into operation, it shall constitute a 

new emissions unit. 

II.A.40. Repowering 

II.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 coal-fired 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. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.A.40.b. Repowering shall also include any oil and/or 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 D, 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 

5 CCR 1001-5 

II.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: 

Carbon monoxide: 1 00 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 PM10 emissions 

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PM10- Precursors in the Denver Metropolitan PM10 attainmenUmaintenance 

area: 40 tons per year for each individual precursor (nitrogen oxides or sulfur 

oxides) 

PM2.5: 10 tons per year of direct PM2.5 emissions; 40 tons per year of sulfur 

dioxide emissions; or 40 tons per year of nitrogen dioxide emissions 

Ozone: 40 tons per year of volatile organic compounds or nitrogen oxides 

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 actachlorinated 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. Significa11t 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. 

II.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). 

II.A.43. Significant Emissions lncreQse 

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

Section I/.A.42. of this Parl D) for that pollutant. 

II.A.44. Significant Emissions Unit 

An emission" unit that emits or has the potential to emit a PAL pollutant in an amount that is 

equal to or greater than the significant level (as defined in Section II.A.42. of this Part Dorin 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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the Federal Act, whichever is lower) for that PAL pollutant, but less than the amount that 

would qualify the unit as a major emissions unit (as defined in Section II.A.21. of this part). 

II.A.45. Small Emissions Unit 

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

than the significant level for that PAL pollutant (as defined in Section I/.A.32. of this Part D or 

in the Federal Act, whichever is lower). 

II.A.46. Temporary Clean Coal Technology Demonstration Project 

A clean coal technology demonstration project that is operated for a period of five years or 

less, and that complies with the state implementation plan and other requirements necessary 

to attain and maintain the National Ambient Air Quality Standards during the project and after 

it is terminated. 

Ill. Permit Review Procedures 

Ill .A. Major stationary sources subject to the requirements of this Part D must apply for and obtain 

a Construction Permit in accordance with the procedures and requirements in Part B or an 

Operating permit in accordance with the procedures and requirements in Part C. 

Ill. B. The Division shall complete the processing of applications (including any requested public 

hearing) for sources subject Sections VI. and VII. of this Part D within twelve months of 

receipt of a complete application. 

IV. Public Comment Requirements 

IV .A. When public comment is required, or when the Division determines that an application 

warrants public comment in accordance with Section III.C.3. of Part B of this regulation, the 

Division shall, within fifteen calendar days after the preparation of the preliminary analysis, 

cause public notice of the application to be published in a newspaper of general distribution in 

the area in which the proposed project or activity is or will be located, and by such other 

means as necessary to assure notice to the affected public, which may include posting of 

such notice on the publicly accessible portion of the Division's web site, and cause a copy of 

the application, the preliminary analysis and the draft permit to be filed with the county clerk 

for each county in which the source is, or will be, located. The Division shall send written or 

electronic notice to persons requesting a notice of permit applications for the type of source 

or geographic area. 

IV.A.1. For sources subject to the provisions of Sections V. and VI. of this part, a copy of all 

the materials the applicant submitted, and a copy or summary of other materials, if 

any, considered in making the preliminary analysis shall be filed with the county clerk 

for each county in which the source is or will be located. In addition, for sources 

subject to the provisions of Sections V. and VI., a copy of the written or electronic 

notice of public comment shall be sent to the applicant, the U.S. EPA Administrator, 

and to officials and agencies having cognizance over the location where the 

proposed construction would occur, including any other state or local air pollution 

control agencies and any state, Indian governing body or Federal Land Manager 

whose lands may be affected by emissions from the source or modification. 

IV.A.2. Additionally, for permit applications subject to the requirements of this Part D, the 

notice shall contain the following information: 

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IV.A.2.a. That comments are solicited on an innovative technological system for 

pollution control if proposed by the applicant and that a hearing by the 

Commission will be held on such system if requested by any interested 

person; 

IV.A.2.b. That comments are solicited on the air quality impacts of the source or 

modification; 

IV.A.2.c. That comments are solicited on alternatives to the source or modification; 

IV.A.2.d. That any interested person may submit a written request for a public 

comment hearing to be held pursuant to Section 1. 7.0. of the Commission's 

procedural rules to receive comments regarding the foregoing concerns, the 

sufficiency of the preliminary analysis, and whether the Division should 

approve or deny the permit application; and 

IV.A.2.e. The degree of increment consumption that is expected from the source or 

modification. 

IV.A.3. Within fifteen calendar days after the preparation of the preliminary analysis for those 

applications subject to the requirements of this Part D, the Division shall forward to 

the applicant written notice of the applicant's right to a public comment hearing with 

respect to the application pursuant to Section 1.7.0. of the Commission's procedural 

rules. 

IV.A.4. A hearing request pursuant to Section IV.A.2.a. of this Part D, regarding innovative 

control, must be transmitted by the Division to the Commission within twenty days 

after its receipt. 

IV.A.S. A hearing request pursuant to Section IV.A.2.d. of this Part D must be transmitted by 

the Division to the Commission, along with the complete permit application, the 

preliminary analysis, the draft permit, and any written comments received by the 

Division within five days after the end of the thirty-day comment period. At least thirty 

days prior to the date set for the public comment hearing, the notice of public 

comment hearing, the preliminary analysis and the draft permit shall be posted on the 

Division's web site. No substantive revisions shall be made to the draft permit during 

the thirty days prior to the public comment hearing. 

IV.A.6. The Commission shall hold a public comment hearing within sixty days of its receipt 

of the request for such hearing pursuant to Section IV.A.2. of this Part D (unless such 

greater time is agreed to by the applicant and the Division), but at least sixty days 

after receipt by any Federal Land Manager of notice and the permit application 

required pursuant to Section XIII .A. of this Part D. The Division shall appear at the 

public comment hearing in order to present the permit application. At least thirty days 

prior to such hearing, notice thereof shall be mailed by the Commission to the 

applicant, to any interested person who submitted a request for a public hearing and 

to any Federal Land Manager given notice pursuant to Section XIII .A., printed in a 

newspaper of general distribution in the area of the proposed source or modification, 

and submitted for public review with the county clerk for each county in which the 

source or modification is or will be located. Except as provided herein and in the 

notice, such hearings will be conducted pursuant to the Act, the Procedural Rules of 

the Air Quality Control Commission and the State Administrative Procedure Act, 

Colorado Revised Statutes, Section 24-4-101 et seq. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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IV.A.7. Within fifteen days after the Division makes a final decision on an application subject 

to the requirements of this Part D, the Division shall make available for public 

inspection the decision and all public comments with the county clerk for each county 

where the pre-construction information was made available. 

V. Requirements Applicable to Nonattainment Areas 

V.A. Major Stationary Sources. 

For any new major stationary source or major modification, the Division shall grant a permit if 

it determines that the following conditions in Sections V.A.1. through V.A.6., as well as those 

in Section III.D.1. of Part B of this regulation, will be met: 

V.A.1. The proposed source will achieve the lowest achievable emission rate for the specific 

source category. 

V.A.2. The applicant has certified that all other existing major stationary sources owned, 

operated, or controlled by the applicant (or any entity controlling, controlled by, or 

under the common control with the applicant) in Colorado are in compliance with the 

requirements of the State implementation plan and the federally approved state 

implementation plan, or are subject to and in compliance with an enforceable 

compliance schedule, or a federally enforceable compliance schedule. 

V.A.3. Prior to the date of commencement of operations, the ratio of total actual emission 

reductions compared to the emissions increase (offsets) shall be at least one for one 

(1 :1 ), unless an alternative ratio is provided for the applicable nonattainment area as 

identified in Section V.A.3.a., below. 

5 CCR 1001-5 

V.A.3.a. Offset Ratios 

V.A.3.a(i) For ozone nonattainment areas that are subject to subpart 2, part 

D, title I of the Federal Act, the offset ratio of total actual emission 

reductions of VOC to the emissions increase of VOC shall be as 

follows: 

V.A.3.a(i)(a) In any marginal nonattainment area for ozone- at least 

1.1:1; 

V.A.3.a(i)(b) In any moderate nonattainment area for ozone- at least 

1.15:1; 

V.A.3.a(i)(c) In any serious nonattainment area for ozone- at least 

1.2:1; 

V.A.3.a(i)(d) In any severe nonattainment area for ozone- at least 

1.3:1; or 

V.A.3.a(i)(e) In any extreme nonattainment area for ozone- at least 

1.5:1. 

V.A.3.a.(ii) For all areas within an ozone transport region that is subject to 

subpart 2, part D, title 1 of the Federal Act, and that are not 

designated as serious, severe or extreme and are subject to subpart 

1, part D, title 1 of the Federal Act- at least 1.15:1. 

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V.A.3.a.(iii) For ozone nonattainment areas that are subject to subpart 1, part 

D, title I of the Federal Act, including 8-hour ozone nonattainment 

areas subject to 40 CFR, Part 51, Section 51.902(b ), the ratio of total 

actual emissions reductions of VOC to the emissions increase of 

VOC shall be at least 1:1. 

V.A.3.b. Offsets must be obtained from existing sources (whether or not under the 

same ownership) within the nonattainment area for each pollutant, or its 

precursors, for which the area is nonattainment.Offsets must represent 

reasonable further progress towards attainment of the National Ambient Air 

Quality Standards when considered hi connection with other new and 

existing sources of emissions. In addition, offsets for PM10,PM2.5, sulfur 

oxides, and carbon monoxide must show, through atmospheric modeling, a 

positive net air quality benefit in the area affected by the emissions. 

Provided, however, that offsets meeting the requirements of this Section 

V.A.3. may also be obtained from existing sources outside the nonattainment 

area if the applicant demonstrates: 

V.A.3.b.(i) A greater air quality benefit may thus be achieved, or sufficient 

offsets are not available from sources within the nonattainment area; 

and 

V.A.3.b.(ii) The other area has an equal or higher nonattainment 

classification than the area in which the source is located; and 

V.A.3.b.(iii) Emissions from such other area contribute to a violation of the 

National Ambient Air Quality Standard in the non attainment area in 

which the source is located. 

V.A.3.b.(iv) With respect to offsets obtained from outside the nonattainment 

area, the Division may increase the ratio of the required offsets to 

new emissions the greater the distance such offsets are from the 

new or modified source. 

V.A.3.c. Offsets must be for the same regulated NSR pollutant, except that offset 

requirements for direct PM2.5 emissions or PM2.5 precursors may be 

satisfied by offsetting reductions in direct PM2.5 emissions or emissions of 

any PM2.5 precursor identified under Section lf.A.38. of Part D. 

V.A.4. The permit application shall include an analysis of alternative sites, sizes, production 

processes and environmental control techniques for such proposed source that 

demonstrates that benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or 

modification. 

V.A.S. Offsets for which emission reduction credit is taken must be enforceable through 

permit conditions or source specific state implementation plan revisions. 

V.A.6. The applicant will demonstrate that emissions from the proposed source will not 

adversely impact visibility in a Class I area. This demonstration shall be reviewed by 

the Federal Land Manager and any determination made by the Federal Land 

Manager shall be considered in the Division's decision to grant the permit. If an 

adverse impact, as described in Section XIV.E., is predicted by the Division, the 

permit application will be denied. Federal Land Manager involvement shall follow the 

same procedures as stated in Section XII.A. of this Part D. The demonstration will be 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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performed using either techniques described in the latest version of the U.S. EPA 

document entitled "Workbook for Estimating Visibility Impairment" or other techniques 

approved by the Division. 

V.A.7. Applicability of Certain Nonattainment Area Requirements 

5 CCR 1001-5 

V.A.7.a. Any major stationary source in a nonattainment area is subject to the 

requirements of Section V.A. of this Part D. 

V.A.7.b. The requirements of Section V.A. shall apply at such time that any stationary 

source or modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any enforceable limitation that 

was established after August 7, 1980 on the capacity of the source or 

modification to otherwise emit a pollutant, such as a restriction on hours of 

operation. 

V.A. l.c. The following provisions apply to projects at existing emissions units at a 

major stationary source (other than projects at a source with a PAL) in 

circumstances where there is a project that is not a part of a major 

modification and the owner or operator elects to use the method specified in 

Sections II.A.36.b.(i) through I/.A.36.b.(iii) of this Part D for calculating 

projected actual emissions. 

V.A.l.c.(i) Before beginning actual construction of the project, the owner or 

operator shall document and maintain a record of the following 

information: 

V.A. 7.c.(i)(A) A description of the project; 

V.A.l.c.(i)(B) Identification of the emissions unit(s) whose emissions 

of a regulated NSR pollutant could be affected by the 

project; and 

V.A. l.c. (i)(C) A description of the applicability test used to determine 

that the project is not a major modification for any regulated 

NSR pollutant, including the baseline actual emissions, the 

projected actual emissions, the amount of emissions excluded under Section II.A.36.b.(iii) of this part and an explanation for why such amount was excluded, and any netting 

calculations, if applicable. 

V.A. 7.c.(ii) If the emissions unit is an existing electric utility steam generating 

unit, before beginning actual construction, the owner or operator 

shall provide a copy of the information set out in Section V.A. 7.c. (i) 

to the Division. Nothing in this Section V.A. 7.c.(ii) shall be construed 

to require the owner or operator of such a unit to obtain any 

determination from the Division before beginning actual construction. 

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V.A. 7.c. (iii) The owner or operator shall monitor the emissions of any 

regulated NSR pollutant that could increase as a result of the project 

and that is emitted by any emissions units identified in Section 

V.A. 7.c. (i)(B); and calculate and maintain a record of the annual 

emissions, in tons per year on a calendar year basis, for a period of 

five years following resumption of regular operations after the 

change, or for a period of ten years following resumption of regular 

operations after the change if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such 

emissions unit. 

V.A. 7.c. (iv) If the unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the Division within sixty 

days after the end of each year durifJg which records must be 

generated under Section V.A. 7. c. (iii) setting out the unit's annual 

emissions during the calendar year that preceded submission of the 

report. 

V.A. 7. c. (v) If the unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the 

Division if the annual emissions, in tons per year, from the project 

identified in Section V.A.7.c.(i), exceed the baseline actual emissions 

(as documented and maintained pursuant to Section V.A.7.c.(i)(C)) 

by a significant amount (as defined in Section II.A.42. of this part) for 

that regulated NSR pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant 

to Section V.A.7.c.(i)(C). Such report shall be submitted to the 

Division within sixty days after the end of such year. The report shall 

contain the following: 

V.A. 7.c.(v)(A) The name, address and telephone number of owner or 

operator of the major stationary source; 

V.A.7.c.(v)(B) The annual emissions as calculated pursuant to Section V.A. 7.c.(iii); and 

V.A. 7.c.(v)(C) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the 

emissions differ from the preconstruction projection). 

V.A. 7.d. The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to Section V.A. 7.c. available for 

review upon request for inspection by the Division or the general public. 

V.A.B. Exemptions from certain nonattainment area requirements: 

V.A.B.a. The following are exempt from the major stationary source criteria of Section 

V.A.3. of this part. 

V.A.B.a.(i)(A) Portable sources that will relocate outside a nonattainment area in less than one year. 

V.A.B.a.(i)(B) Each pilot plant that operates an aggregate of less than 

six months. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 142 

V.A.8.a.(i)(C) Construction phases of a new or modified building, facility, structure, or installation. These may, at the discretion 

of the Division, exceed a period of one year. 

V.A.8.a.(i)(D) Other temporary processes or activities of less than 

one year in duration. 

V.A.8.a.(i)(E) Sources undergoing fuel switches as required by federal order if the Division determines that: 

V.A.8.a.i(E)(1) The applicant has used best efforts in seeking the required emission offsets but was unsuccessful; 

V.A.8.a.i(E)(2) All available emission offsets were obtained; and, 

V.A.8.a.i(E)(3) The applicant will continue to seek emission offsets 

as they become available. 

VI. Requirements applicable to attainment and unclassifiable areas and pollutants 

implemented under Section 110 of the Federal Act (Prevention of Significant 

Deterioration Program). 

VI .A. Major Stationary Sources and Major Modifications. 

The requirements of this Section VI. shall apply to any major stationary source and any major 

modification with respect to each pollutant regulated under the Act and the Federal Act that it 

would emit, except as this Regulation Number 3 would otherwise allow. 

For any new major stationary source or major modification proposing to construct in any area 

in Colorado designated under Section 107 (d) of the Federal Act as attainment or 

unclassifiable for any criteria pollutant as of the date of submittal of a complete application 

under this Regulation Number 3, or for pollutants implemented under Section 110 of the 

Federal Act, the Division shall grant a permit if it determines that the following requirements, 

in addition to those in Section III.D.1. of Part 8 of this regulation, have been or will be met: 

VI.A.1. Control Technology Review. 

5 CCR 1001-5 

VI.A.1.a. A new major stationary source shall apply Best Available Control 

Technology for each pollutant regulated under the Act or Federal Act that it 

would have the potential to emit in significant amounts. 

VI.A.1.b. A major modification shall apply best available control technology for each 

pollutant regulated under the Act or Federal Act for which there would be a 

significant net emissions increase at the source. This requirement applies to 

each proposed emissions unit at which a net emissions increase in the 

pollutant would occur as a result of a physical change or change in the 

method of operation of the unit. 

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VI.A.1.c. For phased construction projects, the determination of best available control 

technology shall be reviewed and modified as appropriate for phases that 

commence construction more than 18 months after the initial granting of the 

permit at the latest reasonable time which occurs no later than eighteen 

months prior to commencement of construction of each independent phase 

of the project. The review will be conducted in a timely manner that will allow 

the owner or operator to proceed with scheduled construction of the source. 

During the review, the owner or operator of the applicable stationary source 

may be required to demonstrate the adequacy of any previous determination 

of best available control technology for the source. 

VI.A.2. Source Impact Analysis. The owner or operator of the proposed source or 

modification shall demonstrate to the Division that allowable emission increases from 

the proposed source or modification in conjunction with all other applicable emissions 

increases or reductions (including secondary emissions) will not cause or contribute 

to concentrations of air pollutants in the ambient air in violation of either Section 

VI.A.2.a. or b., as clarified for any relevant air pollutant, in Section VI.A.2.c.: 

VI.A.2.a. Any state or national ambient air quality standard in any baseline area or air 

quality control region; or 

VI.A.2.b. Any applicable maximum allowable increase over the baseline 

concentration in any area. 

VI.A.2.c. For the purposes of PM2.5, this demonstration is deemed to have been 

made if the emission increase from the new stationary source alone or from 

the modification alone would cause, in all areas, air quality impacts less than 

the following amounts: 

Pollutant Averaging Time Class I area Class II area Class Ill area 

PM2.5 Annual 0.06 IJQ/m"' 0.3 IJg/m"' 0.31Jo/m3 

24-hr 0.07 IJg/m"' 1.2 iJg/m"' 1.2 IJQ/m"' 

VI.A.3. Pre-construction Monitoring and Analysis 

VI.A.3.a. An analysis of ambient air quality in any area that would be affected by the 

proposed major stationary source or major modification shall be performed 

for each pollutant regulated under the Act or Federal Act that the source or 

modification would emit or have the potential to emit in a significant amount, 

or for which there would be a significant net emissions increase. 

VI.A.3.b. With respect to any such regulated pollutant for which no national ambient 

air quality standard exists and for which there is an acceptable method for 

the monitoring of that pollutant, the analysis shall contain such air quality 

monitoring data as the Division determines are necessary to assess ambient 

air quality for that pollutant in any area that emissions of that pollutant would 

affect. 

VI.A.3.c. With respect to any such pollutant for which a national ambient air quality 

standard does exist, the analysis shall contain continuous air quality 

monitoring data gathered for purposes of determining whether emissions of 

that pollutant would cause or contribute to a violation of the applicable 

standard or any maximum allowable increase. 

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VI.A.3.d. In general, the continuous air quality monitoring data that are required 

under Section VI.A.3.c., or the pre-application monitoring of air quality related 

values required by Section XIII. B. of this part, shall have been gathered over 

a period of one year and shall represent the year preceding receipt of the 

application, except that, if the Division determines that a complete and 

adequate analysis can be accomplished with monitoring data gathered over 

a period shorter than one year (but not to be less than four months), the data 

that are required shall have been gathered over at least that shorter period. 

V/.A.3.e. The owner or operator of a proposed major stationary source or major 

modification of volatile organic compounds who satisfies all conditions of the 

Code of Federal Regulations Title 40, Part 51, Appendix S, Section IV. (but 

not including conditions resulting from amendments after July 1, 1991 and 

not including Section IV. B. of Appendix S) may provide post-approval 

monitoring data for ozone in lieu of providing pre-construction data as 

required under Section VI.A.3.a. (Information on obtaining the Code of 

Federal Regulations Title 40, Part 51, Appendix S, Section IV. is available 

from the Director, Air Pollution Control Division, 4300 Cherry Creek Drive 

South, Denver, Colorado, 80246-1530.) 

VI.A.4. Post-Construction Monitoring. At its discretion, the Division may require that the 

owner or operator of a major stationary source or major modification conduct postconstruction ambient monitoring for a period up to one year. The Division may also 

require additional monitoring beyond the one year period if such monitoring is 

necessary to determine the effect emissions from the stationary source or 

modification have, or may have, on air quality in any area. The monitoring of air 

quality related values or sensitive receptors required by Section XIII. B. of this part, 

shall be for such time as is necessary to determine the effect emissions from the 

source or modification will have on the air quality related values or sensitive 

receptors. 

Post-construction monitoring requirements will be permit conditions. 

VI.A.5. Operation of Monitoring Stations. The owner or operator of a major stationary source 

or major modification shall use the U.S. EPA accepted procedures for ambient 

monitoring as approved by the Division during the operation of monitoring stations for 

purposes of satisfying the requirements of Sections VI.A.3. and VI.A.4., above. 

VI.A.6. Additional Impact Analysis. For each pollutant that is regulated under the Act or the 

Federal Act, and for which the source or modification would emit in significant 

amounts (as defined in Section II.A.42. of this part) or for which there would be a 

significant net emissions increase, the owner or operator shall provide an analysis of 

the impairment to visibility, water, soils, and vegetation that would occur as a result of 

the emissions of such pollutant from the source or modification and general 

commercial, residential, industrial, and other growth associated with the source or 

modification. The analysis of impairment to water will not be used in the 

determination of best available control technology. The owner or operator need not 

provide an analysis of the impact on vegetation having no significant commercial or 

recreational value. The additional impact analysis will include the effects on air 

quality related values as stated in Section XIII.B. of this part, if applicable. 

The owner or operator shall provide an analysis of the air quality impact projected for the 

area as a result of general commercial, residential, industrial and other growth associated 

with the source u modification. 

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VI.B. Applicability of Certain PSD Requirements. 

VI.B.1. The requirements of Section VI .A do not apply to a major stationary source or major 

modification with respect to a particular pollutant if the owner or operator 

demonstrates that, as to that pollutant: 

VI.B.1.a. The source or modification is subject to Part 3 of the Act and Section V. of 

this part, and the source or modification would not impact any area 

designated as attainment or unclassifiable for that pollutant; or 

VI.B.1.b. The emissions from the source or modification would not be significant; or 

VI.B.1.c. The source or modification is a portable stationary source that has 

previously received a permit under requirements equivalent to those 

contained in Section VI .A of this part if: 

VI.B.1.c.(i) The source proposes to relocate and emissions of the source at 

the new location would be temporary; 

VI.B.1.c.(ii) The emissions from the source would not exceed its allowable 

emissions; 

VI.B.1.c.(iii) The emissions from the source would impact no Class I area and 

no area where an applicable increment is known to be violated; and 

VI.B.1.c.(iv) Reasonable notice identifying the proposed new location and the 

probable duration of operation at the new location and a revised Air 

Pollutant Emission Notice is given to the Division prior to the 

relocation. Such notice and revised Air Pollutant Emission Notice 

shall be given to the Division not less than ten days in advance of the 

proposed relocation unless a different time duration is previously 

approved by the Division. 

VI.B.2. The requirements contained in Sections VI.A.2. through VI.A.4. of this part do not 

apply: 

VI.B.2.a. To a proposed major stationary source or major modification with respect to 

a particular pollutant, if the emissions would be from a temporary source, 

modification or activity, such as construction or exploration, and would not 

have an impact on air quality in any Class I area or an area where an 

applicable increment is known to be violated; or 

VI.B.2.b. As they relate to any maximum allowable increase for a Class II area, to a 

modification of a major stationary source that was in existence on March 1, 

1978, if the net increase in allowable emissions of each pollutant subject to 

regulation, excluding GHG, under the Act from the modification after the 

application of best available control technology would be less than fifty tons 

per year. 

VI.B.3. The Division may exempt a proposed major stationary source or major modification 

from the requirements of Sections VI.A.3. through VI .AS. of this part, with respect to 

monitoring for a particular pollutant if: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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VI.B.3.a. The emissions of the pollutant from the new stationary source or the net 

emissions increase of the pollutant from the modification would cause air 

quality impacts, in any area, less than the following: 

VI.B.3.a.(i) Carbon monoxide - 575 1Jg/m3

, 8-hour average; 

VI.B.3.a.(ii) Nitrogen dioxide - 14 1Jg/m3

, annual average; 

VI.B.3.a.(iii) Particulate Matter- PM10 --10 1Jg/m3

, 24-hour average; PM2.5-

4 1Jg/m3

, 24-hour average; 

VI.B.3.a.(iv) Sulfur dioxide- 131Jg/m3

, 24-hour average; 

VI.B.3.a.(v) Lead- 0.1 1Jg/m3

, 3-month average; 

VI.B.3.a.(vi) Fluorides- 0.25 1Jg/m3

, 24-hour average; 

VI.B.3.a.(vii) Total reduced sulfur- 10 1Jg/m3

, 1-hour average; 

VI.B.3.a.(viii) Hydrogen sulfide- 0.2 1Jg/m3

, 1-hour average; 

VI.B.3.a.(ix) Reduced sulfur compounds- 10 1Jg/m3

, 1-hour average; or 

VI.B.3.b. The existing concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed in this 

section; or 

VI.B.3.c. For ozone, the emissions increase or net emissions increase of volatile 

organic compounds or nitrogen oxides from the source or modification would 

be less than 1 00 tons per year; or 

VI.B.3.d. The pollutant is not referred to in this section, Section VI.B.3.a.; or. 

VI.B.3,e. The source or modification was subject to Section VI., with respect to 

PM2.5, as in effect before July 15, 2008, and the owner or operator 

submitted an application for a permit under this Section VIA of Part D before 

that date consistent with EPA recommendations to use PM10 as a surrogate 

for PM2.5, and the Division subsequently determines that the application as 

submitted was complete with respect to the PM2.5 requirements then in 

effect, as interpreted by EPA in the memorandum entitled "Interim 

Implementation of New Source Review Requirements for PM2.5" (October 

23, 1997). Instead, the requirements of Section VIA of this Part D, as 

interpreted in the aforementioned memorandum, that were in effect before 

July 15, 2008 shall apply to such source or modification. 

VI.B.4. The requirements of this Part D shall apply at such time that any stationary source or 

modification becomes a major stationary source or major modification solely by virtue 

of a relaxation in any enforceable limitation that was established after August 7, 

1980, on the capacity of the source or modification to otherwise emit a pollutant such 

as a restriction on hours of operation. 

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VI. B.S. The following provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances 

where there is a project that is not a part of a major modification and the owner or 

operator elects to use the method specified in Sections /I.A. 36. b. (i) through 

II.A.36.b. (iii) of this Part D for calculating projected actual emissions. 

VI. B. 5. a. Before beginning actual construction of the project, the owner or operator 

shall document and maintain a record of the following information: 

VI.B.5.a.(i) A description of the project; 

VI.B.5.a.(ii) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and 

VI. B. 5. a. (iii) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, 

including the baseline actual emissions, the projected actual 

emissions, the amount of emissions excluded under Section 

/I.A. 36. b. (iii) of this part, and an explanation for why such amount 

was excluded, and any netting calculations, if applicable. 

VI.B.5.b. If the emissions unit is an existing electric utility steam-generating unit, 

before beginning actual construction, the owner or operator shall provide a 

copy of the information set out in Section VI.B.5.a. to the Division. Nothing in 

this Section VI.B.5.b. shall be construed to require the owner or operator of 

such a unit to obtain any determination from the Division before beginning 

actual construction. 

VI.B.5.c. The owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project and that is emitted by 

any emissions unit identified in Section VI.B.5.a.(ii); and calculate and 

maintain a record of the annual emissions, in tons per year on a calendar 

year basis, for a period of five years following resumption of regular 

operations after the change, or for a period of ten years following resumption 

of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such 

emissions unit. 

VI. B. 5. d. If the unit is an existing electric utility steam generating unit, the owner or 

operator shall submit a report to the Division within sixty days after the end of 

each year during which records must be generated under Section VI.B.5.c. 

setting out the unit's annual emissions during the calendar year that 

preceded submission of the report. 

VI .B. 5. e. If the unit is an existing unit other than an electric utility steam-generating 

unit, the owner or operator shall submit a report to the Division if the annual 

emissions, in tons per year, from the project identified in Section VI.B.5.a. 

exceed the baseline actual emissions (as documented and maintained 

pursuant to Section VI.B.5.a.(iii)) by a significant amount (as defined in 

Section I/.A.42. of this part) for that regulated NSR pollutant, and if such 

emissions differ from the preconstruction projection as documented and 

maintained pursuant to Section VI.B.5.a.(iii). Such report shall be submitted 

to the Division within sixty days after the end of such year. The report shall 

contain the following: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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VI.B. 5.e. (i) The name, address and telephone number of the major stationary 

source; 

VI.B.5.e.(ii) The annual emissions as calculated pursuant to Section 

VI.B.5.c.; and 

VI. B. 5. e. (iii) Any other information that the owner or operator wishes to 

include in the report (e.g., an explanation as to why the emissions 

differ from the preconstruction projection). 

VI.B.6. The owner or operator of the source shall make the information required to be 

documented andmaintained pursuant to Section VI.B.5. available for review 

upon request for inspection by the Division or the general public. 

VI.B.7. A stationary source or modification may apply the applicable maximum 

allowable increases for total suspended particulate matter as in effect on the 

date of the permit application, in meeting the requirements of Section VI.A.2. 

of this part, if the following requirements are met: 

VI. B. 7 .a. The owner or operator of the source or modification submitted an 

application for a permit under Regulation Number 3 before the provisions for 

maximum allowable increases for PM10 took effect; and 

VI.B.?.b. The Division determines that the application as submitted, before the date 

that the maximum allowable increases for PM10 took effect, was complete. 

VI.C. Notice to the U.S. EPA. 

The Division shall transmit to the Administrator of the U. S. EPA a copy of each permit 

application relating to a major stationary source or major modification subject to this 

regulation, and provide notice of every action related to the consideration of such permit. 

VI. D. Major Stationary Sources in attainment areas affecting nonattainment areas. 

VI.D.1. For any new major stationary source or major modification that is proposed to be 

constructed in an area designated under Section 1 07(d) of the Federal Act as 

attainment or unclassifiable for a particular pollutant and the emissions of such 

pollutant from which would significantly affect ambient air quality in an area 

designated as nonattainment for such pollutant, the Division shall grant a permit if it 

determines that one or both of the following conditions, as well as those in Section 

III.D.1. of Part Band Section VI .A. of this Part D will be met: 

5 CCR 1001-5 

VI.D.1.a. The proposed source or modification will meet the requirements of Sections 

· V.A.1. and V.A.2. of this part, and obtain sufficient emission reductions of 

such pollutant in the nonattainment area to offset that portion of its emissions 

of such pollutant that affect the non attainment area. Offsets may be obtained 

from outside the nonattainment area as provided in Section V.A.3. of this 

part; or 

VI.D.1.b. The proposed source or modification will achieve an emissions rate that will 

ensure that the emissions of such pollutant from the source or modification 

will not significantly affect ambient air quality in the nonattainment area. 

CODE OF COLORADO REGULATIONS 
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VI.D.2. Ambient air quality will be deemed to be significantly affected if, but for any offsets, 

the applicable significance level set forth in the following table would be exceeded in 

the nonattainment area. 

TABLE OF SIGNIFICANCE LEVELS 

Pollutant Averaging Time 

Annual 24-Hour 8-Hour 3-Hour 1-Hour 

so2 1.0 j.Jg/m" 5 j.Jg/m" 25j.Jg/m:r 

PM10 1.0 j.Jg/m3 5 j.Jg/m3 

PM2.5 0.31Jg/m" 1.21Jg/m" 

N02 1.0 j.Jg/m3 

co 500 j.Jg/m3 2000 j.Jg/m" 

VI.D.3. Any new major stationary source or major modification subject to this section that will 

emit or cause a net emissions increase in volatile organic compounds or oxides of 

nitrogen shall demonstrate to the satisfaction of the Division that its emissions will not 

affect any ozone nonattainment area or shall obtain offsets as required in Section 

VI.D.1., above. 

VI.D.4. Emission offsets for PM10, sulfur dioxide, and carbon monoxide, must show, through 

air quality modeling, a positive net air quality benefit in the portion of the 

nonattainment area affected by emissions from the proposed source or modification. 

VII. Negligibly Reactive Volatile Organic Compounds (NRVOCs) 

VII .A. The negligibly reactive volatile organic compounds referenced in the Common Provisions 

definition of negligibly reactive volatile organic compounds are considered to be of negligible 

photochemical reactivity and are neither counted as reactive volatile organic compounds in 

determining volatile organic compound emission contributions to an increase in ozone nor 

used as volatile organic compound emission offsets or other volatile organic compound 

emission trading credits against volatile organic compounds not listed in the common 

provisions negligibly reactive volatile organic compound definition. 

VII. B. Negligibly reactive volatile organic compounds may be substituted for volatile organic 

compounds and the resulting decrease in volatile organic compound emissions, if otherwise 

creditable, may be used for offset, banking or other emission trading credit. 

VIII. Area Classifications 

VIII .A. The following areas in Colorado shall be Class I areas and may not be redesignated: 

VIII.A.1.National Parks 

Vlll.A.1.a. Rocky Mountain 

VIII.A.1.b. Mesa Verde 

VIII.A.2.National Wilderness Areas 

Vlll.A.2.a. Black Canyon of the Gunnison 

VIII.A.2.b. Eagle's Nest 

VIII.A.2.c. Flattops 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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VIII.A.2.d. Great Sand Dunes 

VIII.A.2.e. La Garita 

VIII.A.2.f. Maroon Bells- Snowmass 

VIII.A.2.g. Mount Zirkel 

VIII.A.2.h. Rawah 

VIII.A.2.i. Weminuche 

VIII.A.2.j. West Elk 

VIII.B. All other areas of Colorado, unless otherwise specified by Act of Congress or the Colorado 

legislature, or the Commission pursuant to Section IX. are designated Class II; provided, 

however that in the following areas as they existed on August 7, 1977 (maps available from 

the Division), the increase allowed in sulfur dioxide concentrations over the baseline 

concentration shall be the same as the increase established by Section 163(b) of the Federal 

Act for Class I areas, except that such allowable increases may not be allowed if a Federal 

Land Manager should make an adverse impact determination under Section XIII.C. with 

which the Division concurs and except that such allowable increases, may be exceeded by 

compliance with the provisions of Sections XIII.D., XIII .E., or XIII.F.: 

VIII.B.1.National Monuments 

VIII.B.1.a. Florissant Fossil Beds 

VIII.B.1.b. Colorado 

VIII. B.1.c. Dinosaur 

VIII.B.1.d. Great Sand Dunes (those portions not included as National Wilderness 

Areas in Section VIII.A.2.) 

VIII.B.2.Forest Service Primitive Areas 

VIII.B.2.a. Uncompahgre Mountain 

VIII.B.2.b. Wilson Mountain 

VIII.B.3.Lands administered by the Federal Bureau of Land Management in the Gunnison 

Gorge Recreation Area as of October 27, 1977. All areas designated Class II under 

this section may be redesignated as provided in Section IX. of this part. 

VIII.B.4.National Parks 

Black Canyon of the Gunnison (those portions not included as National Wilderness Areas in 

Section VIII.A.2.) 

VIII.C. The following areas may be redesignated only as Class I or II. 

VIII.C.1. An area that exceeds ten thousand acres in size and is a national monument, a 

national primitive area, a national preserve, a national recreational area, a national 

wild and scenic river, a national wildlife refuge, a national lakeshore; and 

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VIII.C.2. A national park or national wilderness area established after August 7, 1977, that 

exceeds ten thousand acres in size. 

VIII. D. The Commission recognizes out of state Class I areas that have been listed in the Federal 

Register (44 Fed. Reg. 69124). Emissions from sources in Colorado shall not violate any 

standard in these areas. 

IX. Redesignation 

IX.A. Except as otherwise provided in this section or Section VIII. of this part, the Commission may 

redesignate any area in Colorado as Class I, Class II or Class Ill as herein provided. The 

Commission will provide notice to the General Purpose Unit of local government in an area 

where the maximum allowable increase is being approached. 

IX.B. The Commission shall review and consider a request for redesignation by any person. 

IX.C. The Commission shall not set a hearing date on a proposed redesignation until the following 

have been completed: 

IX.C.1. A complete description of the area proposed for redesignation; 

IX.C.2. A detailed statement of the circumstances that support the proposed redesignation; 

IX.C.3. A prediction of the costs and benefits for the affected population from the proposed 

redesignation; 

IX.C.4. A technical analysis of expected impacts on ambient air quality in adjacent or nearby 

areas; 

IX.C.S. Comments, or evidence of an opportunity for submission of comments, by all 

appropriate regional planning agencies and councils of government organizations, 

affected municipalities and other affected political subdivisions; and 

IX.C.6. An analysis of the relationship of the proposed redesignation with applicable county 

or regional development plans, including but not limited to, comprehensive area wide 

plans and 208 water quality plans. 

IX. D. The Commission shall provide sixty day notice prior to a public hearing, including notice to 

other states, Indian governing bodies and Federal Land Managers whose lands may be 

affected by a proposed redesignation, of any proposed redesignation, and conduct public 

hearings on such proposed redesignation in or near areas within Colorado that may be 

affected by such proposed redesignation, including at least one public hearing within or as 

near as is practicable to the area to be redesignated. At least thirty days prior to any such 

public hearings, the Commission shall make available for public inspection a discussion of 

the reasons for the proposed redesignation, including a satisfactory description and analysis 

of the health, environmental, economic, and societal and energy effects of the proposed 

redesignation. The notice announcing any public hearings shall contain appropriate 

notification of the availability of such discussion. 

IX. E. Prior to the issuance of notice respecting the proposed redesignation of an area that includes 

any federal lands, the Commission shall provide written notice to the appropriate Federal 

Land Manager and afford adequate opportunity (not in excess of sixty days) to confer with the 

Commission respecting the notice of proposed redesignation and to submit written comments 

and recommendations with respect to such notice of proposed redesignation. In 

redesignating any area with respect to which any Federal Land Manager had submitted 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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written comments and recommendations, the Commission shall publish a list of any 

inconsistency between such redesignation and such comments and recommendations and 

an explanation of such inconsistency (together with the reasons for making such 

redesignation against the recommendation of the Federal Land Manager). 

IX.F. All redesignations, except any established by an Indian governing body, shall be specifically 

approved; (1) by the governor, after consultation with the appropriate committees of the 

legislature, if it is in session, or with the leadership of the legislature, if it is not in session, and 

(2) by resolutions or ordinances enacted by the general purpose units of local government 

representing a majority of the residents of the area to be redesignated. 

IX. G. No area may be redesignated if such redesignation would cause or contribute to 

concentrations of any air pollutant in any other area that exceed any maximum allowable 

increase or maximum allowable concentration permitted under the classification of such area. 

IX. H. Lands within the exterior boundaries of reservations of federally recognized Indian tribes may 

be redesignated only by the appropriate Indian governing body. 

IX. I. Any redesignation shall constitute a revision to the Colorado State Implementation Plan and 

shall be submitted for approval to the Administrator of the U.S. EPA. 

IX.J. Any redesignation or denial of a proper request for redesignation made pursuant to this 

Section IX. shall be subject to judicial review in accord with Colorado Revised Statute Section 

25-7-120. 

IX.K. Any area other than an area to which Sections VIII .A. or VIII. C. refer to may be redesignated 

as Class Ill if any major stationary source or major modification could receive a permit only if 

the area in question were redesignated as Class Ill, and any material submitted as part of 

that application were available, insofar as was practicable, for public inspection prior to any 

public hearing on redesignation of any area as Class Ill. 

X. Air Quality Limitations 

X.A. Ambient Air Increments 

X.A.1. The maximum allowable increases over the baseline concentration for sulfur dioxide, 

PM10, PM2.5 or nitrogen dioxide except as provided in Section VIII.B. of this part, 

are: 

X.A.1.a. For any Class I area: 

PM2.5 (1Jg/m3

) 

Annual arithmetic mean 1 

Twenty-four hour maximum 2 

PM10 [1Jg/m3

) 

Annual arithmetic mean 4 

Twenty-four hour maximum 8 

Sulfur dioxide (1Jg/m3

) 

Annual arithmetic mean . 2 

Twenty-four hour maximum 5 

Three hour maximum 25 

Nitrogen dioxide (1Jg/m3

) 

Annual arithmetic mean 2.5 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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X.A.1.b. For any Class II area: 

PM2.5 

Annual arithmetic mean 

Twen -four hour maximum 

PM10 

Annual arithmetic mean 

Twen -four hour maximum 

Sulfur dioxide 

Annual arithmetic mean 

Twen -four hour maximum 

Three hour maximum 

Annual arithmetic mean 

X.A.1.c. For any Class Ill area: 

PM2.5 

Annual arithmetic mean 

Twen -four hour maximum 

PM10 

Annual arithmetic mean 

Twen -four hour maximum 

Sulfur dioxide 

Annual arithmetic mean 

Twen -four hour maximum 

Three hour maximum 

Annual arithmetic mean 

Page 153 

4 

9 

17 

30 

20 

91 

512 

25 

8 

18 

34 

60 

40 

182 

700 

50 

X.A.2. The maximum allowable increases over the baseline concentration for any o ther air 

pollutant shall be the same as those increases established pursuant to Sect ion 

165(a) of the Federal Act. 

X.A.3. For any period other than an annual period, the applicable maximum allowa 

increase may be exceeded during one such period per year at any one loca 

ble 

tion. 

X.A.4. Periodic Review 

uality. 

X.A.4.a. The Division shall, on a periodic basis, review the adequacy of this 

Regulation Number 3 for preventing significant deterioration of air q 

Within thirty days after any information becomes available and there 

to believe that an applicable increment is being violated, the Divisio 

is cause 

n shall 

present the cause for such belief to the Commission. 

rement is 

ment 

X.A.4.b. If the Commission concurs that there is cause to believe that an inc 

being violated, it shall hold a hearing to determine whether an incre 

violation exists. The hearing shall be held pursuant to the procedur 

Colorado Revised Statute Section 25-7-119. Notice should be give 

class mail to permitted sources that can be reasonably identified as 

es of 

n by first 

emitting 

the pollutant in violation and affecting the area of violation. 

X.A.4.c. Should the Commission determine that an increment violation exists, the 

Division shall review all sources affecting the area of increment violation and 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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ensure that all such sources comply with all applicable permit conditions, and 

state and local regulations. Within thirty days after completing such a review, 

the Division shall recommend revisions, if necessary, to the Commission to 

correct the violation. Upon receipt of recommended revisions from the 

Division, the Commission shall as soon as practicable act to revise this 

regulation as it deems necessary. 

X.A.5. Increment Consumption Restriction 

X.A.5.a. No new major stationary source or major modification shall individually 

consume more than seventy-five percent of an applicable increment. 

X.A.S.a.(i) Applicants may request a hearing before the Commission to request a 

waiver of this restriction. The hearing shall be heard in accordance with the 

provisions of Colorado Revised Statute Sections 25-7-114 (4)(h), 25-7-119 

(Colorado Air Pollution Prevention and Control Act), and Colorado Revised 

Statute 24-4-105 (State Administrative Procedure Act). 

X.A.S.a.(i)(A) The Commission shall not set a hearing date for a 

waiver request until submittal of comments, or evidence of 

an opportunity for submittal of comments by all appropriate 

regional planning agencies and councils of government organizations, affected municipalities and other affected political subdivisions has occurred. 

X.A.5.a.(i)(B) Ambient Air Limits. No concentrations of a pollutant 

shall exceed a national ambient air quality standard or a 

state ambient air standard where no national ambient air 

quality standard has been established. 

XI. Exclusions From Increment Consumption 

XI .A. The following concentrations are excluded in determining compliance with a maximum 

allowable increase: 

XI.A. 1. Concentrations attributable to the increase in emissions from stationary sources that 

have converted from the use of petroleum products, natural gas, or both by an order . 

in effect under Sections 2(a) and (b) of the federal "Energy Supply and 

Environmental Coordination Act of 1974" (or any superseding legislation) over the 

emissions from such sources before the effective date of such an order, but not more 

than five years after the effective date of such an order. 

XI.A.2. Concentrations attributable to the increase in emissions from sources that have 

converted from using natural gas by reason of a natural gas curtailment plan in effect 

pursuant to the Federal "Power Act" over the emissions from such sources before the 

effective date of such plan, but not more than five years after the effective date of the 

plan. 

XI.A.3. Concentrations of particulate matter attributable to an increase in emissions from 

construction or other temporary emission-related activities of new or modified 

sources. 

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XI.A.4. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, 

or particulate matter, or nitrogen oxides from stationary sources that are affected by 

revisions of the Colorado State Implementation Plan that are approved by the 

Administrator of the U.S. EPA and that provide: 

XI.A.4.a. The time period of such temporary increase in emissions is not renewable 

and may not exceed two years in duration, unless a longer time is approved 

by the Division and the U.S. EPA; 

XI.A.4.b. Such temporary increase in emissions shall not impact a Class I area or an 

area where an applicable increment is known to be violated or cause or 

contribute to the violation of a national ambient air quality standard; and 

XIA4.c. Emission limitations shall be in effect at the end of the time period specified 

in the plan revision that will ensure that the emissions levels from stationary 

sources affected by the plan revision will not exceed those levels occurring 

from such sources before the plan revision was approved by the U.S. EPA. 

XII. Innovative Control Technology 

XII A An owner or operator of a proposed major stationary source or major modification otherwise 

subject to the requirements of Section VI. of this Part D may request the Division to grant a 

waiver from the Best Available Control Technology requirements and to approve a system of 

innovative control technology, in order to encourage the use of such technology. 

XII.B. The Division or the Commission may, with the consent of the governor(s) of other affected 

states, grant a waiver from the Best Available Control Technology requirements of Section 

VI.A.1. of this part necessary for the employment of innovative control technology and 

determine that the source or modification may employ such system if: 

XII .B.1. The proposed control system would not cause or contribute to an unreasonable risk 

to public health, welfare, or safety in its operation or function; 

XII.B.2. The owner or operator agrees to achieve a level of continuous emissions reduction 

greater than or equivalent to that, which would have been required under Section 

VI.A.1. by a date specified by the Division. Such date shall not be later than four 

years from the time of startup or seven years from permit issuance; 

XII.B.3. The source or modification would meet the requirements of Sections VIA 1. and 

VI.A.2. based on the emissions rate that the stationary source employing the system 

of innovative control technology would be required to meet on the date specified by 

the Division; 

XII.B.4. The source or modification would not, before the date specified by the Division under 

Section XII.B.2., above; 

XII.B.4.a. Cause or contribute to any violation of an applicable national ambient air 

quality standard; or 

XII.B.4.a.(i) Impact any area where an applicable increment is known to be violated; 

or 

XII.B.S. All other applicable requirements including those for public participation have been 

met. 

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XII.B.6. The provisions of Section VIII. of this part (relating to Class I areas) have been 

satisfied with respect to all periods during the life of the source or modification. 

XII.C. The Division shall withdraw any approval to employ a system of innovative control technology 

made under this section, if: 

XII.C.1. The proposed system fails by the specified date to achieve the required continuous 

emissions reduction rate; or 

XII.C.2. The proposed system fails before the specified date so as to contribute to an 

unreasonable risk to public health, welfare, or safety; or 

XII.C.3. The Division decides at any time that the proposed system is unlikely to achieve the 

required level of control or to protect the public health, welfare, or safety. 

XII.D. If a source or modification fails to meet the required level of continuous emissions reduction 

within the specified time period, or if the approval is withdrawn in accordance with Section 

XII.C., above, the Division may allow the source or modification up to an additional three 

years to meet the requirement for the application of best available control technology through 

use of a demonstrated system of control. 

XIII. Federal Class I Areas 

XIII .A. Within twenty days of receipt of a permit application for a new major stationary source or 

major modification that may affect visibility or air quality related values in any Federal Class I 

area, the Division shall transmit a copy of the application to all affected Federal Land 

Managers and consult with them as to its completeness in its analysis and monitoring (if 

required) of air quality related values. If the Division receives advance notification of a permit 

application of a source that may affect visibility or air quality related values, it will notify all 

affected Federal Land Managers within thirty days of such notification. The Division will 

consider any analysis performed by a Federal Land Manager that indicates there will be an 

adverse impact on visibility or air quality related values if such analysis is received within 

thirty days after the Federal Land Manager receives a copy of the complete application. If the 

Division disagrees with the Federal Land Manager, any noti.ces for public comment or of a 

public hearing on the application will explain the disagreement or state where the explanation 

can be obtained. 

XIII. B. In addition to the general impact analysis required by Section VI.A.6. of this part, any source 

that will have or is likely to have an impact on any designated Class I area may be required to 

conduct monitoring to establish the condition of and the impact on air quality related values in 

such Class I area(s) both prior to completing an application for a permit to construct and 

during the construction and operation ·of such source. 

XIII.B.1.1f monitoring is required, the source shall conduct a private monitoring program. 

5 CCR 1001-5 

However, if monitoring is being conducted by any other existing source or 

government agency, the new source may enter into a joint monitoring program with 

that source or agency. All monitoring programs must be approved in advance by the 

Division. 

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XIII.8.2.Pre-application monitoring may include the monitoring of not more than three air 

quality related values or sensitive receptors of air quality related values specified by 

the Division after consultation with the Federal Land Manager. The air quality related 

values or sensitive receptor(s) selected must be important to the affected Class I 

area, and there must be cause to believe that monitoring of the air quality related 

values or sensitive receptors will provide a basis for evaluating effects to the relevant 

air quality related values. 

XIII.8.3.Monitoring during construction and operation may only be required for the sensitive 

receptors specified for pre-application monitoring, unless new information becomes 

available that demonstrates a significant economic or technological advantage of 

monitoring a different sensitive receptor, and it is acceptable to the source owner or 

operator. 

XIII.8.4.Monitoring of air quality related values or sensitive receptors of air quality related 

values may only be required if: 

Xlll.8.4.a. Monitoring methods are reasonably available and research and 

development of monitoring methods are unnecessary; 

Xlll.8.4.b. The major effect on the air quality related values or sensitive receptor 

would reasonably be predicted to be a result of the applicant's individual 

emissions or of the applicant's emissions in combination with any person's 

emissions with whom the applicant may be required to conduct joint 

monitoring; and 

Xlll.8.4.c. It is economically reasonable for the source to conduct such monitoring. 

XIII.C. Sources Impacting Federal Class I Area- Additional Requirements. Federal Land Managers 

may present to the Division, after its preliminary analysis required under Section 111.8. of Part 

8 of this regulation, a demonstration that the emissions from the proposed source or 

modification would have an adverse impact on the air quality related values (including 

visibility) of any federal mandatory Class I lands, notwithstanding that the change in air 

quality resulting f110m emissions from such source or modification would not cause or 

contribute to concentrations that would exceed the maximum allowable increases for a Class 

I area. If the Division concurs with such demonstration, or in the event the Federal Land 

Manager fails to perform an adverse impact analysis and the Division determines that there is 

an adverse impact on visibility, or the Division determines that a demonstration of no adverse 

impact is in error, the Division shall not issue the permit. 

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XIII. D. Class I Variances. The owner or operator of a proposed major stationary source or major 

modification may demonstrate to the satisfaction of the Federal Land Manager that the 

emissions from such source or modification would not have an adverse impact on the air 

quality related values (including visibility) of Class I lands under the Federal Land Manager's 

jurisdiction, notwithstanding that the change in air quality resulting from emissions from such 

source or modification would cause or contribute to concentrations that would exceed the 

maximum allowable increases for a Class I area. If the Federal Land Manager concurs with 

such demonstration and so certifies to the Division, the Division or the Commission may, 

provided that applicable requirements are otherwise met, issue the permit with such emission 

limitations as may be necessary to assure that emissions of sulfur dioxide, and PM 1 0, PM2.5 

and nitrogen oxides would not exceed the following maximum allowable increases over the 

minor source baseline concentration for such pollutants. 

Maximum allowable increase 

Particulate matter 

PM2.5, Annual arithmetic mean 4 j.Jg/m;j 

PM2.5, Twenty-four hour maximum 9 IJQ/m" 

PM1 0, Annual arithmetic mean 17 IJQ/m" 

PM1 0, Twenty-four hour maximum 301!Q/m" 

Sulfur dioxide 

20 ~g/m" 

Annual arithmetic mean 

91 ~g/m" 

Twenty-four hour maximum 

325 ~g/m;j 

Three hour maximum 

Nitro_g_en dioxide 

25 ~g/m;j 

Annual arithmetic mean 

XII I.E. Sulfur Dioxide Variance by Governor 

XIII.E.1.The owner or operator of a proposed major stationary squrce or major modification 

that cannot be approved under Section XIII.D., above, may demonstrate to the 

governor that the source or modification cannot be constructed by reason of any 

maximum allowable increase for sulfur dioxide for periods of twenty-four hours or 

less, applicable to any Class I area and, in the case of the federal mandatory Class I 

areas, that a variance under this section would not have an adverse affect on the air 

quality related values of the area (including visibility). 

XIII.E.2. The governor, after consideration of the Federal Land Manager's recommendation (if 

any) and subject to his concurrence, may grant, after notice and an opportunity for a 

public hearing, a variance from such maximum allowable increase. 

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34 CR 21 and 22, 11-11 Page 173 

The owner or operator shall submit to the Division the results of any revalidation test or 

method within three months after completion of such test or method. 

XV.O. If any provision of this Section, or the application of such provision to any person or 

circumstance, is held invalid, the remainder of this Section, or the application of such 

provision to persons or circumstances other than those as to which it is held invalid, shall not 

be affected thereby. 

PARTE RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS 

Reserved for Environmental Management Systems 

PART F REGIONAL HAZE LIMITS- BEST AVAILABLE RETROFIT TECHNOLOGY (BART) 

AND REASONABLE PROGRESS (RP) 

The provisions of Section VI (Regional Haze Determinations) and VII (MRR) of Regulation 3, 

Part F shall be incorporated into Colorado's Regional Haze State Implementation Plan. All 

other Sections of Regulation 3, Part Fare State-Only. 

The provisions of Part 51, Appendix Y, Title 40, of the Code of Federal Regulations (CFR), 

promulgated by the U.S. Environmental Protection Agency listed in this Section are hereby 

incorporated by reference by the Air Quality Control Commission and made a part of the Colorado Air 

Quality Control Commission Regulations as modified by the following Regulation Number 3, Part F. 

Materials incorporated by reference are those in existence as July 6, 2005 and do not include later 

amendments. The material incorporated by reference is available for public inspection during regular 

business hours at the Office of the Commission, located at 4300 Cherry Creek Drive South, Denver, 

Colorado 80246, or may be examined at any state publications depository library. Parties wishing to 

inspect these materials should contact the Technical Secretary of the Commission, located at the 

. Office of the Commission. 

I. Applicability 

The provisions of this regulation apply to existing stationary facilities (BART eligible sources), as 

defined in Section 11.1. of this regulation, as well as to Reasonable Progress (RP) sources. 

II. Definitions 

II .A. Adverse impact on visibility 

Means visibility impairment that interferes with the management, protection, preservation, or 

enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be 

made on a case-by-case basis taking into account the geographic extent, intensity, duration, 

frequency and time of visibility impairments, and how these factors correlate with (1) times of visitor 

use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce 

visibility. This term does not include effects on integral vistas. 

II.B. Available Technology 

Means that a technology is licensed and available through commercial sales. 

II.C. Applicable Technology 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Means a commercially available control option that has been or may soon be deployed on the same 

or a similar source type or a technology that has been used on a pollutant-bearing gas stream that is 

the same or similar to the gas stream characteristics of the source. 

II.D. Average Cost Effectiveness 

Means the total annualized costs of control divided by annual emissions reductions (the difference 

between baseline annual emissions and the estimate of emissions after controls). For the purposes of 

calculating average cost effectiveness, baseline annual emissions means a realistic depiction of 

anticipated annual emissions for the source. The source or the Division may use state or federally 

enforceable permit limits or estimate the anticipated annual emissions based upon actual emissions 

from a representative baseline period. 

II.E. BART Alternative 

Means an alternative measure to the installation, operation, and maintenance of BART that will 

achieve greater reasonable progress toward national visibility goals than would have resulted from 

the installation, operation, and maintenance of BART at BART-eligible sources within industry source 

categories subject to BART requirements. 

II.F. BART-eligible source 

Means an existing stationary facility as defined in Section II. I. 

II.G. Best Available Retrofit Technology (BART) 

Means an emission limitation based on the degree of reduction achievable through the application of 

the best system of continuous emission reduction for each pollutant that is emitted by an existing 

stationary facility. The emission limitation must be established, on a case-by-case basis, taking into 

consideration the technology available, the costs of compliance, the energy and non-air quality 

environmental impacts of compliance, any pollution control equipment in use or in existence at the 

source or unit, the remaining useful life of the source or unit, and the degree of improvement in 

visibility which may reasonably be anticipated to result from the use of such technology. 

II. H. Deciview 

Means a measurement of visibility impairment. A deciview is a haze index derived from calculated 

light extinction, such that uniform changes in haziness correspond to uniform incremental changes in 

perception across the entire range of conditions, from pristine to highly impaired. The deciview haze 

index is calculated based on the following equation (for the purposes of calculating deciview, the 

atmospheric light extinction coefficient must be calculated from aerosol measurements): 

Deciview haze index=10 lne (bextf10 Mm-1

) 

Where bext= the atmospheric light extinction coefficient, expressed in inverse 

megameters (Mm-1). 

II. I. Existing stationary facility 

Means any of the following stationary sources of air pollutants, including any reconstructed source, 

which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and has 

the potential to emit 250 tons per year or more of any visibility impairing air pollutant. In determining 

potential to emit, fugitive emissions, to the extent quantifiable, must be counted. 

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11.1.1. Fossil-fuel fired steam electric plants of more than 250 million British thermal units 

(BTU) per hour heat input that generate electricity for sale 

11.1.1.a. Boiler capacities shall be aggregated to determine the heat input of a plant 

11.1.1.b. Includes plants that co-generate steam and electricity and combined cycle 

turbines 

11.1.2. Coal cleaning plants (thermal dryers) 

11.1.3. Kraft pulp mills 

11.1.4. Portland cement plants 

11.1.5. Primary zinc smelters 

11.1.6. Iron and steel mill plants 

11.1.7. Primary aluminum ore reduction plants 

11.1.8. Primary copper smelters 

11.1.9. Municipal incinerators capable of charging more than 250 tons of refuse per day 

11.1.10. Hydrofluoric, sulfuric, and nitric acid plants 

11.1.11. Petroleum refineries 

11.1.12. Lime plants 

11.1.13. Phosphate rock processing plants 

Includes all types of phosphate rock processing facilities, including elemental phosphorous 

plants as well as fertilizer production plants 

11.1.14. Coke oven batteries 

11.1.15. Sulfur recovery plants 

11.1.16. Carbon black plants (furnace process) 

11.1.17. Primary lead smelters 

11.1.18. Fuel conversion plants 

11.1.19. Sintering plants 

11.1.20. Secondary metal production facilities 

Includes nonferrous metal facilities included within Standard Industrial Classification code 

3341, and secondary ferrous metal facilities in the category "iron and steel mill plants." 

11.1.21. Chemical process plants 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Includes those facilities within the 2-digit Standard Industrial Classification 28, including 

pharmaceutical manufacturing facilities 

11.1.22. Fossil-fuel boilers of more than 250 million BTUs per hour heat input 

11.1.22.a. Individual boilers greater than 250 million BTU/hr, considering federally 

enforceable operational limits 

11.1.22.b. Includes multi-fuel boilers that burn at least fifty percent fossil fuels 

11.1.23. Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels 

11.1.23.a. 300,000 barrels refers to total facility-wide tank capacity for tanks put in 

place after August 7, 1962 and in existence on August 7, 1977 

11.1.23.b. Includes gasoline and other petroleum-derived liquids. 

11.1.24. Taconite ore processing facilities 

11.1.25. Glass fiber processing plants 

11.1.26. Charcoal production facilities 

Includes charcoal briquette manufacturing and activated carbon production 

II.J. Incremental Cost Effectiveness 

Means the comparison of the costs and emissions performance level of a control option to those of 

the next most stringent option, as shown in the following formula: 

Incremental Cost Effectiveness {dollars per incremental ton removed)= [(Total annualized costs of 

control option)- {Total annualized costs of next control option)] +[(Next Control option annual 

emissions)- (control option annual emissions)] 

II.K. In existence 

Means that the owner or operator has obtained all necessary preconstruction approvals or permits 

required by Federal, State, or local air pollution emissions and air quality laws or regulations and 

either has (1) begun, or caused to begin, a continuous program of physical on-site construction of the 

facility or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or 

modified without substantial loss to the owner or operator, to undertake a program of construction of 

the facility to be completed in a reasonable time. 

II.L. In operation 

Means engaged in activity related to the primary design function of the source. 

II.M. Integral vista 

Means a view perceived from within the mandatory Class I Federal area of a specific landmark or 

panorama located outside the boundary of the mandatory Class I Federal area. 

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II.N. Natural conditions 

34 CR 21 and 22, 11-11 Page 177 

Means naturally occurring phenomena that reduce visibility as measured in terms of light extinction, 

visual range, contrast, or coloration. 

11.0 Plant 

Means all emissions units at a stationary source. 

II.P. Visibility-Impairing Air Pollutant 

Includes the following: 

II.P.1. Sulfur dioxide (S02), 

II.P.2. Nitrogen oxides (NOx) and 

II.P.3. Particulate matter. (PM10 will be used as the indicator for particulate matter. Emissions 

of PM10 include the components of PM2.5 as a subset.). 

Ill. Sources required to Perform a BART Analysis 

Each source that the Division determines is BART-eligible and subject to BART shall complete a 

BART analysis under Section IV. The Division shall provide written notice to each source determined 

to be subject to BART. Within twenty calendar days of the mailing of such notice a source may 

appeal such determination to the Commission by filing a petition for a hearing with the Commission. 

Any such hearing shall be subject to Section 1.6.0 of the Procedural Rules. 

Ill .A. Determining Potential to Emit for a BART Source 

For the purposes of determining whether the potential to emit of an existing stationary source is 

greater than 250 tpy the potential emissions of visibility impairing pollutants from the existing 

stationary source shall include the emissions from all BART-eligible units which belong to the same 

industrial grouping, are located on one or more contiguous or adjacent properties, and are under the 

control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same Major Group (i.e., which 

have the same two-digit code) as described in the Standard Industrial Classification Manual. 

Ill. B. Identification of sources subject to BART 

III.B.1. Identification of sources subject to BART shall be performed in accordance with 

EPA's guidelines for BART determinations under the regional haze rule 40 CFR Part 

51, Appendix Y. A BART-eligible source described in Section III.A, above, is subject 

to BART unless valid air quality dispersion modeling demonstrates that the source 

will not cause or contribute to visibility impairment in any Class I area. 

III.B.1.a. A single source that is responsible for a 1.0 deciview change or more is 

considered to "cause" visibility impairment in any Class I area. 

111.8.1.b. A single source that is responsible for a 0.5 deciview change or more is 

considered to "contribute" visibility impairment in any Class I area. 

III.B.1.c. A single source is exempt from BART if the 981

h percentile daily change in 

visibility, as compared against natural background conditions, is less than 0.5 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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deciviews at all Class I federal areas for each year modeled and for the 

entire multi-year modeling period. 

III.B.2. The Division will perform air quality dispersion modeling for each source identified as 

BART-eligible, for all visibility impairing pollutants, for class I areas. The modeling 

results will be provided to each source. 

IV. BART Analysis 

IV .A. Presumptive BART for Coal Fired Power Plants 

IV.A.1. Plants with a Generating Capacity of 750 MW or Greater 

BART-eligible coal fired power plants with a generating capacity of 750 MW or 

GREATER is presumed to be able to meet the presumptive limits. Regardless of 

whether or not a unit can meet the presumptive BART limits the source must 

complete a BART analysis. 

IV.A.2. Other Coal Fired Power Plants 

The Division shall use the presumptive BART limits of section IV.A.3. as guidelines 

and may establish a BART level for the unit either above or below the presumptive 

BART level based on the BART determination. 

IV.A.3. Coal-Fired Electric Generating Units 

IV.A.3.a. Sulfur Dioxide 

Coal-Fired Electric Generating Units: 95 percent reduction or 0.15 lb 

S02/mmBTU. 

IV.A.3.b. Nitrogen Oxides 

Unit Type Coal Type NOx limit (lb/mm BTU} 

Dry bottom Wall fired Bituminous 0.39 

Sub-bituminous 0.23 

Lignite 0.29 

Tangential Fired Bituminous 0.28 

Sub-bituminous 0.15 

Lignite 0.17 

Cell Burners Bituminous 0.40 

Sub-bituminous 0.45 

Dry-turbo-fired Bituminous 0.32 

Sub-bituminous 0.23 

Wet-bottom tangential- Bituminous 0.62 

fired 

IV. B. Each source subject to BART pursuant to Section Ill shall submit a BART application 

for a construction permit, which shall include a BART analysis, a proposal for BART 

at the source and a justification for the BART proposal to the Division by August 1, 

2006. 

IV.B.1. The BART analysis must include, at a minimum: 

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IV.B.1.a. A list of the demonstrated and potentially applicable retrofit control 

options for the units subject to BART. Sources are not required to 

evaluate control options, which are less effective than the controls 

currently installed on the BART subject source or unit. 

IV.B.1.b. A discussion of the technical feasibility of each of the technologies 

identified in Section IV.B.1.a. This discussion should include an 

analysis of whether the proposed technology is available and 

applicable. If the source determines that a technology is not 

technically feasible the discussion shall include a factual 

demonstration that the option is not commercially available or that 

unusual circumstances preclude its application to the emission unit. 

IV.B.1.c. A ranking of all the technically feasible technologies identified in 

Section IV.B.1.b. The ranking shall take into account various 

emission performance characteristics of the technologies. The 

technologies should be ranked from lowest emissions to highest 

emissions for each pollutant and each emissions unit. The ranking 

should include a discussion of pollution control equipment in use at 

the unit, including upgrading existing equipment if technically 

feasible. 

IV.B.1.d. An evaluation of the impacts of the technically feasible BART 

options. The impact evaluation shall include: 

IV.B.1.d.(i). An estimate of the Average Cost Effectiveness of each of 

the control technologies identified as technically feasible in 

Section IV.B.1.b. This analysis shall specify the emissions 

unit being controlled, the design parameters for the emission 

controls and cost estimates based on those design parameters. The remaining useful life of the source or unit may be 

taken into account in the cost of the technologies. The remaining useful life is the difference between: (1) The date 

that controls will be put in place (capital and other construction costs incurred before controls are put in place can be 

rolled into the first year); and (2) The date the facility permanently stops operations. Where this affects the BART determination, this date should be assured by a federally- or 

State-enforceable restriction preventing further operation. 

The analysis must also include the energy and non-air quality environmental impacts of control options. 

IV.B.1.d.(ii). An analysis of the incremental cost effectiveness. Before a control technology can be eliminated the source shall 

evaluate the incremental cost effectiveness in combination 

with the total cost effectiveness in order to justify elimination 

of a control option. 

IV.B.1.d.(iii). An evaluation of the visibility impacts for each BART option according to modeling guidance provided by the Division. 

IV.B.1.d.(iv). An evaluation of non-air quality impacts. The non-air 

quality impacts may include water use increases, solid waste 

disposal, or other adverse environmental impacts. 

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IV.B.1.d.(v). An evaluation of the energy impacts. The energy impact 

analysis should look at the energy requirements of the control technology and any energy penalties or benefits associated with the control. The analysis should also consider direct energy consumption and may address concerns over 

the use of locally scarce fuels or the use of locally or regionally available coal. 

IV.B.1.d.(v).(1 ). The energy impacts analysis may consider 

whether there are relative differences between alternatives regarding the use of locally or regionally 

available coal, and whether a given alternative 

would result in significant economic disruption or 

unemployment. 

IV.B.1.e. An evaluation and justification of the proposed averaging 

time to evaluate compliance with the proposed emission limitations. 

IV.B.1.f.Coal-fired power plants may, in their discretion, include in the BART 

analysis an evaluation of representative characteristics (including 

nitrogen content) of coal from sources they reasonably expect to 

use, to the extent such characteristics tend to result in higher NOx 

emissions than coals of the same classification from alternative 

sources. The analysis also may consider whether a particular BART 

limit might lead the power plant not to use coal from a particular mine 

due to such coal characteristics, and the extent to which such a 

decision might result in economic disruption or unemployment at the 

mine or in nearby communities. 

IV.B.1.g. Sources subject to a MACT standard may limit the analysis for 

those pollutants covered by the MACT to a discussion of new 

technologies that have become available since the promulgation of 

the MACT. 

IV.B.2. Sources with a potential to emit of less than 40 tons per year of S02 and 

NOx and less than 15 tpy of PM10 may exclude those pollutants from the 

BART determination. 

IV.B.3. Selecting a best alternative 

The source shall submit a proposal for BART at the source or unit(s), including a 

justification for selecting the technology proposed. The justification shall be based on 

the following factors: (1) the technology available; (2) the costs of compliance; (3) the 

energy and non-air environmental impacts of compliance; (4) any pollution control 

equipment in use at the source or unit(s); (5) the remaining useful life of the source or 

unit(s) and; (6) the degree of improvement in visibility which may reasonably be 

anticipated to result from the use of such technology. 

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IV.B.4. Schedules to comply with BART emissions limits 

IV.B.4.a. The technology analysis shall include a schedule to comply 

with BART or a BART alternative as expeditiously as practicable 

following EPA approval of the state implementation plan for regional 

haze that incorporates such BART requirements. The source must 

comply with BART or BART alternative emissions limits no later than 

5 years after approval of the state implementation plan by EPA for 

regional haze. 

IV.B.4.b. A source or unit subject to BART may implement a BART 

alternative in lieu of BART if such BART alternative is authorized by 

the Division. 

IV.C. BART Alternative 

As an alternative to BART for a source or sources, the Division may approve a BART 

Alternative. If the Division approves source grouping as a BART Alternative, only sources 

(including BART-eligible and non-BART eligible sources) within the same source category (as 

defined by SIC or NAICS code) within the same airshed may be grouped together. 

IV.C.1. If a Source (s) proposes a BART Alternative, the resultant emissions 

reduction and visibility impacts must be compared with those that would 

result from the BART options evaluated for the source(s). 

IV.C.2. Source (s) proposing a BART alternative shall include in the BART analysis 

an analysis and justification of the averaging period and method of evaluating 

compliance with the proposed emission limitation. 

IV.D. Emission limits 

IV.D.1. Coal-Fired Electric Generating Units 

Compliance with the emission limitation is determined on a 30-day rolling average 

basis for S02 and NOx, or may be determined by the Division based on the BART 

analysis submitted by the source. The emission limit shall be included in the facility's 

permit. 

IV.D.2. Other Sources Subject to BART 

The Division will establish emission limits with averaging times consistent with 

established reference methods and include the limit in the facility's permit. 

IV. E. A source that has installed BART for regional haze or implemented a Division 

approved BART alternative for regional haze is exempted from the imposition of 

further controls pursuant to regional haze BART with respect to those pollutants that 

are controlled through BART or the BART alternative for Regional Haze and is 

exempted from the imposition of further controls necessary for reasonable progress 

during the first reasonable progress planning period. Sources may be subject to 

additional controls or emission reductions based on reasonable progress 

requirements in planning periods beyond the first planning period under the regional 

haze State Implementation Plan. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 182 

IV.F. Division Review and Approval 

IV.F.1. The Division shall review and approve, disapprove or amend the proposed 

BART technology or BART alternative, including the emission limit, schedule 

for compliance for the facility, and averaging period. The Division shall 

consider additional information both submitted and not submitted by the 

source that is deemed relevant. The Division shall submit its BART 

determination to the Commission for review and approval. 

IV.F.2. If two or more sources are grouped together pursuant to Section IV. C. the 

Division shall establish recordkeeping and reporting requirements sufficient 

to determine that the sources meet the BART alternative emission limits. 

IV.F.3. Any source seeking to modify the BART determination for that facility must 

submit a new BART analysis for review by the Division. 

V. Challenge of Division BART Determinations and Enforceable Agreements. 

V.A. Persons affected or aggrieved by a BART determination may challenge the decision 

of the Commission pursuant to Article 4 of Title 24, C.R.S. 

VI. Regional Haze Determinations 

VI.A. BART Determinations 

VI. A.1. The provisions of this Section VI .A. of Regulation Number 3, Part F shall be 

incorporated into Colorado's Regional Haze State Implementation Plan. 

VI.A.2. The sources listed below shall not emit or cause to be emitted nitrogen 

oxides (NOx), sulfur dioxide (S02), or particulate in excess of the following 

limits: 

BART Determinations for Colorado Sources 

Unit NOx Emission Limit 502 Emission Particulate 

Limit Emission 

Limit 

CENC 0.37 lb/MMBtu (30-day rolling 1.0 lb/MMBtu (30- 0.07 lb/MMBtu 

Unit4 average) or 0.26 lb/MMBtu day rolling 

Combined Average for Units 4 and average) 

5 (30~day rolling average) 

CENC 0.19 lb/MMBtu (30-day rolling 1.01b/MMBtu (30- 0.07 lb/MMBtu 

UnitS average) or 0.26 lb/MMBtu day rolling 

Combined Average for Units 4 and average) 

5 (30-day rolling average) 

Craig 0.28 lb/MMBtu (30-day rolling 0.11 lb/MMBtu 0.03 lb/MMBtu 

Unit 1 average) (30-day rolling 

average) 

Craig 0.08 lb/MMBtu (30-day rolling 0.11 lb/MMBtu 0.03 lb/MMBtu 

Unit2 average)* (30-day rolling 

average) 

*The NOx em1ss1on hm1ts for Cra1g Umts 1 and 2 constitute a BART Alternative. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
© 2011 State ofCo1orado 

All Rights Reserved 

Unit 

Comanche 

Unit 1 

Comanche 

Unit2 

Hayden 

.Unit 1 

Hayden 

Unit2 

Martin 

Drake Unit 

5 

Martin 

Drake Unit 

6 

Martin 

Drake Unit 

7 

CEMEXLyons Kiln 

CEMEXLyons Dryer 

34 CR 21 and 22, 11-11 Page 183 

NOx Emission Limit 502 Emission Limit Particulate 

Emission 

Limit 

0.20 lb/MMBtu (30-day 0.12 lb/MMBtu 0.03 

rolling average) 0.15 (individual unit 30-day lb/MMBtu 

lb/MMBtu (combined rolling average) 0.1 0 

annual average for units lb/MMBtu (combined 

1 & 2) annual average for units 

1 &2) 

0.20 lb/MMBtu (30-day 0.12 lb/MMBtu 0.03 

rolling average) 0.15 (individual unit 30-day lb/MMBtu 

lb/MMBtu (combined rolling average) 0.1 0 

annual average for units lb/MMBtu (combined 

1 & 2) annual average for units 

1 &2) 

0.081b/MMBtu (30-day 0.13 lb/MMBtu (30-day 0.03 

rolling avera_g_Etl_ rolling avera_g_e) lb/MMBtu 

0.07 lb/MMBtu (30-day 0.13 lb/MMBtu (30-day 0.03 

rolling average) rolling average) lb/MMBtu 

0.31 lb/MMBtu (30-day 0.26 lb/MMBtu (30-day 0.03 

rolling average) rolling average) lb/MMBtu 

0.311b/MMBtu (30-day 0.1 ~lb/MMBtu (30-day 0.03 

rolling average) rolling average) lb/MMBtu 

0.29 lb/MMBtu (30-day 0.131b/MMBtu (30-day 0.03 

rolling average) rolling average) lb/MMBtu 

255.3 lbs/hr (30-day 25.3 lbs/hr (12-month 0.275 lb/ton 

rolling average) 901.0 rolling average) 95.0 of dry feed 

tons/year (12-month tons/yr (12-month rolling 20% opacity 

rolling avera_g_el average) 

13.9 tons/yr 36.7 tons/yr 22.8 tons/yr 

1 0% opacity_ 

VI.A.3. Each source listed in the above tables must comply with the above limits and 

averaging times as expeditiously as practicable, but in no event later than 

five years after EPA approval of Colorado's state implementation plan for 

regional haze, or relevant component thereof. Each source listed in the 

above tables must maintain control equipment or operational practices 

required to comply with the above limits and averaging times, and establish 

procedures to ensure that such equipment or operational practices are 

properly operated and maintained. 

VI.A.4. The sources shall submit to the Division a proposed compliance schedule 

within sixty days after EPA approves the BART portion of the Regional Haze 

SIP. The Division shall publish these proposed schedules and provide for a 

thirty-day public comment period following publication. The Division shall 

publish its final determinations regarding the proposed schedules for 

compliance within sixty days after the close of the public comment period and 

will respond to all public comments received. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 184 

VI.B. Reasonable Progress Determinations 

VI.B.1. The provisions of this Section VI.B of Regulation Number 3, Part F shall be 

incorporated into Colorado's Regional Haze State Implementation Plan. 

VI.B.2. The sources listed below shall not emit or cause to be emitted nitrogen 

oxides (NOx), sulfur dioxide (S02), or particulate in excess of the following 

limits: 

RP Determinations for Colorado Sources 

Emission Unit NOx Emission Limit S02 Emission Limit Particulate Emission Limit 

Rawhide 0.145 lb/MMBtu 0.11 lb/MMBtu 0.03 lb/MMBtu 

Unit 101 (30-day rolling average) (30-day rolling average) 

CENC 246 tons per year 1.2 lb/MMBtu 0.07 lb/MMBtu 

Unit 3 (12-month rolling total) 

Nixon 0.21 lb/MMBtu 0.11 lb/MMBtu 0.03 lb/MMBtu 

(30-day rolling average) (30-day rolling average) 

Clark Shutdown 12/31/2013 Shutdown 12/31/2013 Shutdown 12/31/2013 

Units 1 & 2 

Shutdown 

12/31/2013 

Holcim - Florence 2.73 lbs/ton clinker 1.30 lbs/ton clinker 246.3 tons/year 

Kiln (30-day rolling average) (30-day rolling average) 

2,086.8 tons/year 721.4 tons/year 

Nucla 0.5 lb/MMBtu 0.4 lb/MMBtu (30-day 0.03 lb/MMBtu 

(30-day rolling average) rolling average) 

RP Determinations for Colorado Sources 

Emission Unit NOx Emission Limit S02 Emission Limit Particulate Emission Limit 

Craig 

Unit 3 

Cameo 

Shutdown 

12/31/2011 

0.28 lb/MMBtu 0.15 lb/MMBtu 0.013 lb/MMBtu filterable PM 

(30-day rolling average) (30-day rolling average) 0.0121b/MMBtu filterable PM10 

Shutdown 12/31/2011 Shutdown 12/31/2011 Shutdown 12/31/2011 

VI.B.3. Each source listed in the above table must comply with the above limits and 

averaging times as expeditiously as practicable, but in no event later than 

December 31, 2017. Each source listed in the above table must maintain 

control equipment or operational practices required to comply with the above 

limits and averaging times, and establish procedures to ensure that such 

equipment or operational practices are properly operated and maintained. 

VI.B.4. The sources shall submit to the Division a proposed compliance schedule 

within sixty days after EPA approves the RP portion of the Regional Haze 

SIP. The Division shall publish these proposed schedules and provide for a 

thirty-day public comment period following publication. The Division shall 

publish its final determinations regarding the proposed schedules for 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
© 2011 State of Colorado 

All Rights Reserved 

34 CR 21 and 22, 11-11 Page 185 

compliance within sixty days after the close of the public comment period and 

will respond to all public comments received. 

VI.C. Public Service Company of Colorado (PSCo) BART Alternative Program 

VI.C.1. The provisions of this Section VI.C of Regulation Number 3, Part F (with the 

exception of the S02 cap of subsection VI.C.4) shall be incorporated into 

Colorado's Regional Haze State Implementation Plan. 

VI.C.2. The sources listed below shall not emit or cause to be emitted nitrogen 

oxides (NOx), sulfur dioxide (S02), or particulate in excess of the following 

limits, after the following compliance dates: 

BART Alternative Program Determinations for PSCo Sources 

Emission Unit NOx Emission Limit 502 Emission Limit Particulate Emission Limit 

Cherokee* 0 0 0 

Unit 1 Shutdown No later than Shutdown No later than Shutdown No later than 

Shutdown No 7/1/2012 7/1/2012 7/1/2012 

later than 

7/1/2012 

Cherokee 0 0 0 

Unit 2 Shutdown 12/31/2011 Shutdown 12/31/2011 Shutdown 12/31/2011 

Shutdown 

12/31/2011 

Cherokee 0 0 0 

Unit3 Shutdown No later than Shutdown No later than Shutdown No later than 

Shutdown No 12/31/2016 12/31/2016 12/31/2016 

later than 

12/31/2016 

Cherokee 0.12 lb/MMBTU 7.81 tpy (rolling 12 month 0.03 lbs/MMBtu 

Unit4 (30-day rolling average) by average) Natural Gas Operation 

12/31/2017 Natural Gas Operation 12/31/2017 

Natural Gas Operation 12/31/2017 

12/31/2017 

Valmont 0 0 0 

Unit 5 Shutdown 12/31/2017 Shutdown 12/31/2017 Shutdown 12/31/2017 

Shutdown 

12/31/2017 

Pawnee 0.07 lb/MMBTU (30-day 0.12 lbs/MMBtu (30-day 0.03 lbs/MMBtu 

rolling average) by rolling average) by 

12/31/2014 12/31/2014 

Arapahoe** 0 0 0 

Unit3 Shutdown 12/31/2013 Shutdown 12/31/2013 Shutdown 12/31/2013 

Shutdown 

12/31/2013 

Arapahoe 600 tpy on (rolling 12 month 1.28 tpy (rolling 12 month 0.03 lbs/MMBtu 

Unit4 average) average) Natural Gas operation 

Natural Gas Natural Gas operation 12/31/2014 

operation12/31/2014 12/31/2014 

* 500 tpy NOx wrll be reserved from Cherokee Station for nettmg or offsets 

** 300 tpy NOx will be reserved from Arapahoe Station for netting or offsets for additional natural gas 

generation 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 186 

VI.C.3. Each source listed in the above table must either shut down or comply with 

the above limits and averaging times no later than the compliance date set 

forth in the above table. Each source listed in the above table must maintain 

any applicable control equipment required to comply with the above limits 

and averaging times, and establish procedures to ensure that such 

equipment is properly operated and maintained. 

VI.C.4. In addition to the above listed emission limits and compliance dates, between 

1/1/2013 and 12/31/2015, Cherokee Units 3 and 4 and Valmont, considered 

as a whole, shall not emit in excess of 4,200 tons of S02 per year as 

determined on a calendar year annual basis. Between 1/1/2016 and 

12/31/2017 Cherokee Unit 4 and Valmont considered as a whole, shall not 

emit in excess of 3,450 tons of S02 per year as determined on a calendar 

year annual basis. 

VII. Monitoring, Recordkeeping, and Reporting for Regional Haze Limits 

The provisions of this Section VII of Regulation 3, Part F shall be incorporated into Colorado's 

Regional Haze State Implementation Plan. 

Federal Regulations Adopted by Reference 

The following regulations promulgated by the United States Environmental Protection Agency (EPA) 

were previously adopted by the Colorado Air Quality Control Commission and are thereby already 

incorporated by reference: 

40 CFR Part 60 and Appendices (As incorporated by reference within Commission 

Regulation Number 6, 5 CCR 1001-8) 

40 CFR Part 63, Subpart A- National Emission Standards for Hazardous Air Pollutants 

General Provisions and Subpart LLL- National Emission Standards for Hazardous Air 

Pollutants From the Portland Cement Manufacturing Industry (As incorporated by reference 

within Commission Regulation Number 8, Part A, 5 CCR 1001-10). 

40 CFR Part 64 (As incorporated by reference within Commission Regulation Number 3, Part 

C Section XIV., 5 CCR 1001-5) 

40 CFR Part 75 including Performance Specifications and Appendices (As incorporated by 

reference within Commission Regulation Number 6, 5 CCR 1001-8) 

VII.A. Definitions 

VII.A.1. "BART alternative program unit" means any unit subject to a Regional Haze emission 

limit contained in the Table in Regulation Number 3, Part F, Section VI. C. 

VII.A.2. "BART unit" means any unit subject to a Regional Haze emission limit contained in 

the Table in Regulation Number 3, Part F, Section VI.A. 

VII.A.3. "Continuous emission monitoring system" or "CEMS" means the equipment required 

by Regulation Number 3, Part F, Section VII, to sample, analyze, measure, and 

provide (using an automated data acquisition and handling system (DAHS}}, a 

permanent record of S02 or NOx emissions, other pollutant emissions, diluent, or 

stack gas volumetric flow rate. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
© 2011 State of Colorado 

All Rights Reserved 

VII.E. Reporting requirements 

34 CR 21 and 22, 11-11 Page 188.5 

The owner/operator of a BART, RP or BART alternative program unit shall submit semi-annual 

excess emissions reports no later than the 30th day following the end of each semi-annual period 

unless more frequent reporting is required. Excess emissions means emissions that exceed the 

Regional Haze emissions limits. Excess emission reports shall include the information specified in 40 

CFR Part 60, Section 60.7(c). 

The owner/operator of a BART, RP or BART alternative program unit shall submit reports of any 

required performance stack tests for particulate matter, to the Division within 60 calendar days after 

completion of the test. 

The owner/operator shall also submit semi-annual reports of any excursions under the 

approved compliance assurance monitoring plan in accordance with the schedule specified in 

the source's Title V permit. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 188.6 

PARTG STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 

I.A. Adopted June 5, 1980 

Rational and Justification for the Repeal and Repromulgation of Regulation Number 3 and 

Common Provisions Regulation as Related to Regulation Number 3 

On December 14, 1978, the Air Quality Control Commission revised Regulation Number 3 

(concerning requirements for filing air pollution emission notices, obtaining emission permits, and 

payment of fees with respect to both) for the primary purpose of bringing Colorado's air pollutant 

emission permit program into conformity with the requirements of the Federal Clean Air Act 

Amendments of 1977 to the extent authorized by the then effective State statutory authority: "The Air 

Pollution Control Act of 1970, ,;C.R.S. 1973, 25-7-101 et seq. The regulation as revised in 1978 and 

which became effective January 30, 1972, was submitted to the U.S. Environmental Protection 

Agency as a revision to the state Implementation Plan ("SIP") pursuant to Subsection 129(c) of the 

Federal Clean Air Act Amendments of 1977. 

Since that submittal, the Colorado General Assembly has repealed and reenacted the State's basic 

air pollution control statute: Article 7 of Title 25, Colorado Revised Statutes, 1973. The new article, 

known as the "Colorado Air Quality Control Act" (designated House Bill1109 in the 1979 legislative 

session), became effective June 20, 1979, and largely brought the State statute into conformity with 

the Federal legislation, mandating the Commission to develop a comprehensive air pollution control 

program meeting the requirements of the Federal Clean Air Act. 

Revisions also respond to the requirements set forth in the October 5, 1979 Federal Register notice 

which conditionally approved portions of the Colorado SIP and set forth certain requirements for 

securing their unconditional approval. E.G., see Section IV.D.2.a.(iv) of revised Regulation Number 3, 

which incorporates the requirements of Section 172(b)(II)(A) of the Clean Air Act. 44 Fed. Reg. 57401, 

57408 (1979). 

The Commission has made an effort to formulate a permit program meeting the requirement of and 

paralleling of the provisions EPA policies and rules to the extent authorized by House Bill 1109 and to 

the extent deemed appropriate by the Commission for Colorado's particular circumstances. This has 

been done in order to meet certain specific requirements expressly set forth in the Federal Clean Air 

Act, to meet certain specific requirements EPA has determined are required for compliance with the 

Federal Act, and to avoid subjecting sources of air pollution in Colorado to differing State and Federal 

requirements. The Commission considered the assurance of reasonable further progress toward 

attainment of National Ambient Air Quality Standards as the primary underlying criterion in developing 

permit requirements for sources located in or near nonattainment areas. 

Consideration has also been given to the opinion of the United States Court of appeals for the District 

of Columbia in the case of Alabama Power Company v. Castle F.2d (D.C. Cir., 1979). 

APENs 

In order to reduce the administrative burden on both the Air Pollution Control Division ("the Division") 

and owners and operators of air pollution sources, the filing of revised air pollution emission notices 

for the purpose of reporting significant changes in emissions will be required only on an annual basis, 

rather than whenever a significant change in emissions occurs. In making this revision, the 

Commission relied on the representations of the Division that annual reporting would be sufficient for 

purposes of keeping the emissions inventory current. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
© 2011 State ofCo1orado 

All Rights Reserved 

34 CR 21 and 22, 11-11 Page 197 

One of the apparent concerns of parties and persons opposing the use by the Commission of TSP as 

a welfare standard is that the increment would be consumed and that no further development could 

occur. Division Exhibit W, which compares the modeled ambient impacts of TSP using a deposition 

model with particulates of 10 urn or less using the same model, shows that the larger particles 

deposit quickly and that the ambient impact is relatively the same at a distance of 1 000 meters or 

greater. The implication of this is that for many sources the modeling of increment consumption would 

have the same general results whether TSP is counted or whether only particles 10 urn or less are 

counted (assuming the boundary of the source is 1000 meters or farther from the emissions point). 

Another implication is that welfare impacts from large particulates can only result within relatively 

short distances of a source. 

Another concern was that the legislative intent was not to count TSP, although there was not clear 

evidence of legislative intent presented to the Commission. In any event, statutory language leaves 

the determination to the Commission to decide what particulates are of a size or substance to 

adversely affect health or welfare. 

Given the foregoing considerations and the Commission's general interest in interpreting health and 

welfare effects of particulates consistent with EPA, but also given the uncertainty surrounding the 

revision of the particulate NAAQS by EPA, the Commission determines that in applying the definition 

of "fugitive dust", the adverse effects on health or welfare of fugitive particulate emissions should be 

determined individually for each source. Adverse welfare effects of nuisance and soiling will be 

presumed to occur if the source would have offsite, ambient, particulate impacts unless the permit 

applicant rebuts such presumption with clear and convincing evidence. The result of this presumption 

will be that in most cases, large particulates will be counted and there will be no difference between 

EPA s treatment of particulates and the states. Other health and welfare effects shall generally be 

evaluated based on EPA's most recent research and analysis, but the permit applicant shall have the 

burden of proof of demonstrating with clear and convincing evidence, which, if any, sizes or 

substances of fugitive particulates do not adversely affect, health or welfare. This presumption of 

health and. welfare effects has been incorporated in the definitions of "major stationary source" and 

"major modification," Section XI.A.4 on Exclusions from Increment Consumption, and Section 

V.D.3.c.(i)(B). 

Upon EPA's adoption of revised NAAQS for particulates, the Commission may consider whether to 

revise this Statement of Basis and Purpose or the definition of "fugitive dust' to reflect such revisions., 

Should EPA decide not to have a secondary NAAQS incorporating nuisance and soiling (welfare) 

impacts of large particulates, the Commission will consider whether the welfare effects of large 

particulates are significant enough to be included, or whether they are relatively insignificant and, 

thus, should not be counted in the state PSD Program. 

DEFINITION OF "MAJOR SOURCE" AND "MAJOR MODIFICATION" 

The State Act permits the counting of fugitive emissions in determining whether a source or 

modification is major "only if the Commission adopts regulations to include fugitive emissions for that 

source category." CR5 1973, 25-7-202(4) and (5). The Federal Clean Air Act has a similar 

requirement at Sec. 302(j}. EPA has interpreted the rulemaking requirement to mean simply a 

consideration in rulemaking of whether fugitive emissions should be counted and a requirement that 

affected industries be allowed to present policy or factual reasons why fugitive emissions should not 

be counted. 45 Fed. Reg. 52676 (August 7, 1980). Based on this rationale, EPA's rules currently list 

26 categories of sources for which fugitive emissions are counted. A similar interpretation of the State 

Act is reasonable and has been adopted by the Commission. · 

One party recommended the addition of uranium mills and coal mines to the list of sources for which 

fugitive emissions would be counted. However, those sources could not be considered in this 

proceeding due to inadequate public notice. The Commission intends to consider those sources for 

listing as soon as practicable. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 198 

In the CMA v. EPA Settlement Agreement, the EPA has agreed to remove these 26 listed sources on 

the basis of industry's argument that the rulemaking requirement means that EPA must identify 

reasonable methods for measuring and modeling fugitive emissions from a category of sources. 

Although not agreeing that this is legally required under state or Federal law, the Commission has 

determined that Division Exhibit F, primarily, makes that demonstration for the ten categories located 

or expected to locate in Colorado. 

It should be noted that measurement methods are not only available, but have been in use for a 

number of years and have provided test results that are the basis for the fugitive emission factors 

used by EPA and other control agencies, including the Colorado Air Pollution Control Division. 

The following important parallels between stack emission 'factors and fugitive emission factors 

support the conclusion that fugitive emission factors are relatively as reliable and as reasonably 

available as stack emission factors: 

Both are based on numerous test data at different locations on different equipment or 

operations. 

Both are influenced by many variables (e.g., for a stack, flow rate, temperature, 

process variations; for a fugitive plume, wind speed, moisture content of the material, size 

distribution of the material). 

Neither is intended to represent actual emissions from a specific source. Actual 

acceptable test data for a specific or similar source would always be used in lieu of an 

emission factor. 

Both are intended as air management tools to allow pre-construction assessment of a 

source impact or as a representative value to average total emissions from a number of 

similar sources (e.g., all waste incinerators, commercial boilers, or coal storage piles) for 

such air quality management purposes as determining "reasonable further progress" in 

nonattainment areas. 

Stack and fugitive emission factors are both estimates; such factors are nevertheless widely used by 

control agencies and applicants alike. However, control agencies generally have no objection to, and 

would prefer, actual test data in lieu of factors whenever such information is submitted. (See 

Testimony of McCutchen, October 28, 1982; Egley, November 18, 1982, pp. 72-75 and p. 99; 

Bertolin, October 29, (am), p.39.) 

One party's concern involved whether the emission factors for a facility can be extrapolated to a 

larger facility, specifically, from a 7000 ton per day oil shale processing facility to a 50,000 ton per day 

facility. Scale-up is a widely used and accepted approach throughout industry for estimating the 

feasibility of larger-scale facilities from results at smaller-scale facilities. There are a number of wellknown precautions that should always be considered when extrapolating, and a control agency 

should be at least as cautious in extrapolating emission levels as the applicant is in extrapolating 

process data. Of course, if different equipment, such as a retort, is to be used at a proposed facility, 

an emission estimate would be based on mining and handling practices and on different processing 

equipment emission factors (e.g., refinery emission factors) which are similar to oil shale processing 

activities where such would be more accurate than extrapolation. Therefore, either through 

extrapolation or through the application of other more applicable and available emissions factors, 

relatively accurate emissions levels from all types of oil shale facilities can be calculated. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
© 2011 State ofCo1orado 

All Rights Reserved 

34 CR 21 and 22, 11-11 Page 331 

(XIII) All regulatory changes in this proceeding are based on reasonably available, validated, 

reviewed, and sound scientific methodologies. All information made available by interested 

parties has been reviewed and considered by the Commission. 

(XIV) Evidence in the record supports the finding that the rule shall result in a demonstrable 

reduction of pollutants that contribute to regional haze. 

(XV) Evidence in the record supports the finding that the rule shall bring about reductions in 

risks to human health or environment, and provide other benefits (e.g., protection of visibility) 

that justify the cost to government, the regulated community, and to the public to implement 

and comply with the rule. 

(XVI) The Commission has chosen the alternative that is the most cost effective, provides the 

regulated community flexibility, and which achieves the necessary reductions in air pollution. 

The alternative will maximize the air quality benefits of regulation in the most cost effective 

manner. The Commission notes that no parties provided alternate proposals to the PSCo 

BART Alternative during this proceeding. The Commission also notes that in approving 

PSCo's emission reduction plan, the Colorado Public Utilities Commission thoroughly considered the economic impacts and concluded that that the approved plan comes at a lower 

cost to ratepayers than an all-controls option. Even if for some reason PSCo's BART Alternative were not determined to be the most cost effective option, the Commission finds that 

approval of the BART Alternative and incorporation of the alternative into the Regional Haze 

SIP is consistent with the legislature's intent in adopting the CACJA. 

I.W. Adopted October 20, 2011 

Regulation Number 3, Part A, B, C and D - addressing federal changes to the New Source Review 

(NSR) Program related to PM2.5 National Ambient Air Quality Standards (NAAQS), several recent 

Environmental Protection Agency (EPA) State Implementation Plan (SIP) actions in which EPA 

partially disapproved various SIP revisions, EPA's Deferral of Biogenic Sources of C02 Emissions, 

other miscellaneous revisions, and typographical, grammatical and formatting errors. 

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of 

the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S, and the Colorado Air Pollution 

Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S (the Act). 

Specific Statutory Authority 

The Colorado Air Quality Control Commission (AQCC) promulgates this regulation pursuant to the 

authority granted under Colorado Revised Statutes, Sections 25-7-105(1 )(c), (authority to adopt a 

prevention of significant deterioration program); 25-7-1 09(1 )(a) (authority to require the use of air 

pollution controls); 25-7-109(2)(a) (authority to adopt emission control regulations pertaining to visible 

pollutants); and 25-7-114.4(1) (authority to adopt rules for the administration of permits). 

Basis and Purpose 

EPA promulgated federal changes to the New Source Review (NSR) Program, which must be 

incorporated into Regulation Number 3 in order to maintain consistency with the federal NSR 

Program related to PM2.5 National Ambient Air Quality Standards (NAAQS). Subsequently, EPA 

disapproved and proposed to disapprove Air Pollutant Emission Notice (APEN) exemption provisions 

in Regulation Number 3, associated Vt(ith Colorado's September 1997, April 2003 June 2003, July 

2005, August 2006, and August 2007 SIP submittals. Also, EPA proposed its Deferral of Biogenic 

Sources of C02 Emissions, deferring biogenic carbon dioxide (C02) from regulation under the 

federal Prevention m Significant Deterioration (PSD) and Title V Permitting Programs for three years. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 332 

In addressing the above actions, several additional Regulation Number 3 provisions were identified in 

need of revision. 

Sources affected by this proposal include PM2.5 and C02 emission sources, as well as open burning 

sources, mobile sources, stationary internal combustion engines, emergency generators, oil and gas 

surface water impoundments, deaerator/vacuum pump exhaust, and air curtain destructors. 

PM2.5 Related Rules 

On February 21, 2008, the AQCC adopted revisions to Regulation Number 3, Parts A and B to 

identify PM2.5 as a criteria pollutant, triggering reporting and minor source permitting requirements. 

However, the AQCC did not make corresponding revisions to major stationary source permitting 

requirements under the New Source Review (NSR) Program as the EPA had not yet promulgated the 

associated PM2.5 implementation rules. Since that time, EPA promulgated a series of rules 

regarding the regulation of PM2.5 under the NSR program. See "Implementation of the New Source 

Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)" (73 FR 28321, 

May·16, 2008), "Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 

Micrometers (PM2.5)- Increments, Significant Impact Levels (SILs) and Significant Monitoring 

Concentration (SMC)" (75 FR 64864, October 20, 201 0), "Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans" (76 FR 18870, April 6, 2011 ), and "Implementation of the 

New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5); Final 

Rule to Repeal Grandfather Provision" (76 FR 28646, May 18, 2011 ). The 2008 and 2010 rules, 

combined with the December 21, 2010 promulgation of the methodology to test for PM2.5, provide a 

complete framework establishing how to apply PM2.5 to the NSR Program. Prior to the promulgation 

of the December 2010 rules, application of PM2.5 to the NSR Program made little sense. See 75 FR 

80118. Consequently, the AQCC chose to wait to adopt the suite of PM2.5 implementation rules 

until after the last of the PM2.5 implementation rules and the 2010 PM2.5 testing methodology were 

finalized. 

The May 16, 2008 rule provided flexibility in designating PM2.5 precursor pollutants. While sulfur 

oxides (S02) must be treated as a PM2.5 precursor in all areas of the state, more flexibility is 

afforded to nitrogen oxides (NOx), volatile organic compounds (VOCs) and ammonia (NH3). This rule 

requires that NOx be presumed a PM2.5 precursor state-wide unless a state demonstrates that NOx 

is not a "significant contributor" to PM2.5 concentrations within any area. See 73 FR 28328. 

However, VOCs and NH3 are not required to be treated as PM2.5 precursors, except that high 

molecular weight VOCs (equal to or greater than 25 carbon atoms and low vapor pressure) will be 

addressed as a condensable particulate. See 73 FR 28329-283330. 

At this time, the AQCC has identified S02 and NOx as PM2.5 precursors, state-wide. Based on the 

limited PM2.5 modeling and monitoring data available for Colorado, the AQCC determined that there 

is insufficient evidence to claim either way that NOx emissions do or do not contribute significantly to 

the concentration of PM2.5 in any area in Colorado. Without evidence to narrow the identification of 

NOx as a precursor to specific areas, Colorado must identify NOx as a PM2.5 precursor state-wide. 

Less is known about VOCs and NH3 and their contribution to PM2.5 in Colorado, and so Colorado 

has chosen to not identify them as PM2.5 precursors at this time. 

EPA Partial Disapproval Actions 

On October 3, 2011, EPA's action granting partial disapproval and partial approval of revised Air 

Pollution Emission Notice (APEN) and permitting exemptions that the Commission submitted to EPA 

as SIP revisions in September 1997, June 2003, July 2005, August 2006, and August 2007, was 

published in the Federal Register. See 76 FR 61054. EPA partially disapproved APEN exemptions 

for open burning, mobile sources, stationary internal combustion engines, emergency generators, oil 

and gas surface water impoundments, deaerator/vacuum pump exhaust, and air curtain destructors. 

The basis for EPA's disapproval of the subject provisions and the revisions intended to address each 

provision are as follows: 

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Open burning APEN exemption was corrected to reference federally enforceable Regulation Number 

1 (Part A, Section II.D.1.q.). EPA commented that the change in reference from Regulation Number 

1, which is part of Colorado's SIP, to Regulation Number 9, which is not part of Colorado's SIP, was 

not approvable. 

Mobile sources APEN exemption was clarified (Part A, Section II.D.1.ppp.) and associated revisions 

were made to the insignificant activities list (Part C, Section II.E.3.uuu.). EPA commented that these 

exemptions only apply to stationary sources, not non-road engines and not sources being used for 

transportation purposes. 

Stationary internal combustion engine APEN exemption was repealed (Part A, Section II.D.1.sss.) 

and related revisions were made to the associated permitting exemption (Part 8, Sections II.D.2.c., 

and II.D.2.c.(i)-(iii)) and insignificant activities list (Part C, Section II.E.3.nnn.). EPA commented that 

the APEN exemption should require recordkeeping and reporting. The AQCC repealed the APEN 

exemption and revised the permit exemption to be consistent with current SIP approved language 

instead of requiring additional recordkeeping and reporting. Note that while the categorical exemption 

is being repealed, sources may still utilize the general one and two ton APEN exemptions found in 

Part A, Section II.D.1.a. 

Emergency generator APEN exemption was repealed (Part A, Section II.D.1.ttt.}, and related 

revisions were made to the associated permitting exemption (Part 8, Sections II.D.2.c., and 

II.D.2.c.(i)-(iii)) and insignificant activities list (Part C, Section II.E.3.nnn.). EPA commented that the 

APEN exemption should require recordkeeping and reporting. The AQCC repealed the APEN 

exemption, and revised the permit exemption to be consistent with current SIP approved language 

instead of requiring additional recordkeeping and reporting. Note that while the categorical exemption 

is being repealed, sources may still utilize the general one and two ton APEN exemptions found in 

Part A, Section II.D.1.a. 

Surface water impoundment APEN exemption was clarified (Part A, Section II.D.1.uuu.) and related 

revisions were made to the associated permitting exemption (Part 8, Section II.D.1.m.) and 

insignificant activities list (Part C, Section II.E.3.yyy.). EPA commented that the APEN exemption 

should be clarified to confirm that the exemption applied to oil and gas produced water. In addition to 

making this revision, the AQCC also clarified exceptions to these exemptions and insignificant 

activity. 

Deaerator/vacuum pump exhaust APEN exemption was repealed (Part A, Section II.D.1.xxx.) and 

associated revisions were made to the insignificant activities list (Part C, Section II.E.3.uuu.). EPA 

commented that it was unclear what these activities were. The AQCC is unaware of any source 

making use of this exemption, and thus has removed this exemption and associated insignificant 

activity. 

Air curtain destructor APEN exemption removal (Part A, Section II.D.1.ffff.). EPA commented that 

because air curtain destructors meet the SIP approved definition of an incinerator and as such are 

required to submit APENs and obtain permits, that this exemption should be removed. 

On February 4, 2011, EPA's action granting partial approval and partial disapproval of SIP revisions 

submitted to EPA in April 2003 and June 2003, was published in the Federal Register. See 76 FR 

6331. Those 2003 SIP revisions to Regulation Number 3 revised APEN exemptions and permitting 

exemptions in Regulation Number 3, Parts A and 8, respectively. To address EPA's concerns, the 

following provisions that EPA disapproved or on which EPA otherwise provided comment, were 

revised or removed as follows: 

Stationary internal combustion engines 10 ton per year permitting exemption in attainment areas 

(Part 8, Sections II.D.1.c., and II.D.1.c.(iii)). EPA commented that Colorado did not make the antibacksliding demonstration necessary to increase the permitting exemption threshold from 5 tons per 

year to 10 tons per year. The AQCC opted to revert back to the 5 tons per year threshold that EPA 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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previously approved instead of making the necessary demonstration at this time. Note that this 

revision does not prevent any source from making use of the facility-wide permit exemptions found in 

Part B, Sections II.D.2. or II.D.3. 

Non-road engine state-only requirements (Part A, Sections I.B.31.c. and I.B.31.d.). EPA commented 

that it could not approve provisions which are identified as state-only provisions. The AQCC agrees 

and has further placed "(State-only Requirement)" at the beginning of these sections to clearly identify 

that they are state-only provisions. 

Biogenics Deferral Revisions: 

On June 3, 2010, EPA's "Prevention of Significant Deterioration and Title V Greenhouse Gas (GHG) 

Tailoring Rule," commonly called the GHG Tailoring Rule, was published in the Federal Register. 

See 75 FR 31514. EPA's GHG Tailoring Rule was designed to tailor the applicability criteria that 

determine which stationary sources and modification projects become subject to permitting 

requirements for GHGs under the Prevention of Significant Deterioration (PSD) and Title V Permitting 

Programs of the Clean Air Act (CAA). 

On July 20, 2011, EPA's "Deferral for C02 Emissions from Bioenergy and Other Biogenic Sources 

Under the Prevention of Significant Deterioration (PSD) and Title V Programs," commonly called the 

Biogenic Deferral, was published in the Federal Register. See 76 FR 43490. Beginning July 1, 2011, 

EPA's Biogenic Deferral temporarily excludes biogenic C02 emissions from the definition of "subject 

to regulation" to allow biogenic sources of carbon dioxide (C02) emissions a three year deferral from 

the PSD and Title V permitting requirements; the three year deferral applies even if the source's GHG 

emissions exceed the threshold established in the Tailoring Rule. To maintain consistency with 

implementation of federal requirements associated with the Tailoring Rule and the associated 

Biogenic Deferral, the AQCC incorporated EPA's Biogenic Deferral into Colorado's PSD and Title V 

Permitting Programs, as follows: 

Revise the existing definition of Subject to Regulation consistent with EPA's proposed Biogenic 

Deferral (Part A, Section I.B.44.b.). 

Other Revisions: 

In addressing the above actions, the AQCC made several additional Regulation Number 3 revisions 

that relate to: revising the time frame for reporting the Notice of Startup to the Division from thirty days 

prior to fifteen days after commencing operation, which is consistent with Colorado's House Bill10-

1042, as codified in 25-7-114.5(12)(a), C.R.S.; including NOx as a precursor to ozone in ozone 

significant monitoring concentration (SMC) and removing the total suspended solid SMC, both 

consistent with federal requirements; and making typographical, grammatical and formatting 

corrections. 

Additional Considerations 

These adopted rules are mandated by federal law and necessary to maintain EPA approval of 

Colorado's SIP. The revisions associated with the PM2.5 Implementation Rules and Biogenics 

Deferral mirror the federal requirements. While the PM2.5 Implementation Rules do allow States the 

opportunity to deviate from the specified PM2.5 precursor pollutants, Colorado does not have 

sufficient modeling and monitoring data available to support a decision to identify VOC and NH3 as 

PM2.5 precursors or narrow the area in which NOx is identified as a PM2.5 precursor in Colorado. 

The related revisions adhere to federal requirements [as required by Sections 25-7-105(1), 25-7-

201(a) and 25-7-203, and 25-7-302, C.R.S.], and therefore the provisions of Sections 25-7-110.5(5) 

and 11 0.8, C.R.S. do not apply to these revisions. 

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With respect to EPA's SIP disapproval actions, while the AQCC must address EPA's comments, 

Colorado has some flexibility in addressing those comments, Here, the provisions of Sections 25-7-

11 0.5(5) and 11 0.8, C.R.S. apply to this rulemaking. Thus, the AQCC makes the following 

determinations only as they pertain to the SIP disapproval actions, and only where the AQCC has 

flexibility in addressing EPA's comments. 

Pursuant to 25-7-110.5(5). C.R.S., the AQCC makes the determination that: 

(I) EPA's SIP disapproval actions are federal requirements that may apply to this rulemaking. 

(II) The applicable federal requirements imposing emission reporting and permitting are 

performance based. While the AQCC must address EPA's comments, there is some 

flexibility in how best to address those comments. 

(Ill) Regarding EPA's comments on the APEN exemptions, accurate actual emissions data 

for open burning sources, mobile sources, stationary internal combustion engines, 

emergency generators, oil and gas surface water impoundments, deaerator/vacuum pump 

exhaust, and air curtain destructors is limited, although more is known about the engines, 

generators and air curtain destructors. The AQCC concluded that the adopted rule will clarify 

and generally improve Colorado's inventory of emissions from these sources in Colorado, 

and thus the reporting components are essential to this effort. 

(IV) With respect to APEN associated permitting exemption revisions, these revisions strike 

an appropriate balance between exempting small emission sources, ensuring that Colorado 

has a reasonably accurate inventory, as well as ensuring that reporting and permitting 

requirements are reasonably uniform and equitable. 

(V) The AQCC is not aware of any timing issue that could justify changing the timeframe in 

which these rules are implemented. There are deadlines by which states are expected to 

implement federally mandated changes, with potential sanctions for failing to meet these 

deadlines. 

(VI) The APEN and associated permitting exemption and insignificant activity requirements 

in question are not specifically designed with a margin for accommodation, but instead will. 

rely on the opportunity for future revisions, as necessary, to adjust for uncertainty and future 

growth. 

(VII) The adopted revisions establish reasonable equity for sources subject to the revisions 

by providing the same requirements for similarly situated sources. 

(VIII) If revisions to the APEN and permitting exemptions and insignificant activities are not 

adopted, while there would be no change in cost to industry, Colorado's emissions inventory 

accuracy will not improve. Emissions inventories are essential tools in protecting public 

health and the environment. A less accurate emissions inventory may translate into a public 

health and welfare and environmental cost, by delaying the time necessary to improve the 

inventory when developing plans to address future NAAQS. 

(IX) The proposed revisions include no requirements that differ from applicable federal 

requirements. 

(X) Demonstrated technology is available to comply with the particulate matter permitting 

requirements. Sources are already using the control devices intended to be used to comply 

with this rule. 

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(XI) The adopted rules will contribute to prevention of pollution, by having sources more 

accurately assess emissions to determine if APEN reporting or permitting requirements 

apply. Understanding emissions is essential in preventing pollution. 

(XII} Because these rules are federally mandated, no alternative rules would address the 

requirements in question. 

Further, pursuant to 25-7-11 0.8(1 ), C.R.S., the AQCC makes the determination that: 

(I) The rule is based upon reasonably available, validated, reviewed, and sound scientific 

methodologies, and the AQCC has considered all information submitted by interested parties. 

(II) These amendments are largely administrative in nature as they relate to APEN reporting, 

permitting exemptions and insignificant activities. 

(Ill} Evid~nce in this record supports the finding that the rule shall bring about reductions in 

risks to human health and the environment that justify the costs to implement and comply 

with the rule. 

(IV) The rule is the most cost effective, provides the regulated community flexibility, and 

achieves any necessary reduction in air pollution. 

(V) The selected regulatory alternative will maximize the air quality benefits of regulation in 

the most cost-effective manner. 

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