# Colorado Air Quality Control Commission MeetingMinutes 40 CFR Part51 Appendix V2.1(g)

# STATEOF COLORADO

John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH, Executive Director and Chief Medical Officer COLORADOAIR QUALITY CONTROLCOMMISSION 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 ofPublic Health and Environment 

# Colorado Air Quality Control Commission October20,2011 MEETING MINUTES Location: Colorado Department ofPublic Health & 

### Environment 4300 Cherry Creek Drive South, Sabin Room Denver, CO 80246 

### Members Present: Saeed Barhaghi DawnMeyers 

### MembersAbsent: Robert Arnott 

### Commission Staff: Mike Silverstein 

### Division Staff: Will Allison Doug Decker Ashley Campsie Barbara Roberts Jim Wilson TheresaMartin Garry Kaufman Gordon Pierce 

### Attorney General's Office: Andrea Gelfuso-Goetz

PUBLIC COMMENT 

### Teresa Coons John Loewy Jon Slutsky

DenaWojtach Chris LaPlante

Chair Roberts asked ifthere were any members ofthe public who wished to make a comment on any air pollution issue not onthe agenda. There were no public comments.

CALL TO ORDERAND DETERMINATION OFA QUORUM 

### Chair Roberts called the meeting to order at 9:00 AM and determined that a quorum of Commissioners was now presentwith six Commissioners.

APPROVAL OFMEETING MINUTES FORSEPTEMBER 

### 15,2011 Chair Roberts asked the Commissionifthere were any modifications to the minutes. Motion: Moved: Second: Discussion: Carried: To approve the September 15,2011 Meeting Minutes CommissionerLoewy Commissioner Campsie none 6-0

### CONSENTAGENDA 

### REQUESTFOR WRITTEN COMMENT ONLY RULEMAKING HEARING (FEBRUARY 16, 2012) Regulation Number 6, PartA 

### A proposal to revise RegulationNumber6, Part A (NSPS) to incorporate by reference changes the EPA made to its New Source Performance Standards rules. Motion: Moved: Second: Discussion: Carried: To approvethe motion for hearing onFebruary 16, 2012 Commissioner Coons CommissionerMeyers none 7-0 RULEMAKING HEARINGS Regulation Number 12, PartA 

### Revisions to RegulationNumber 12, PartA to establish emissions exemption and enforcement procedures for fleet-owned heavy-duty vehicles based outside the program area as part ofa fleet registered inthe program area, pursuantto the passage ofHB11-1157. Motion: D 

### Moved: Second: Discussion: Carried: To adopt the Division's revisions to RegulationNumber 3, Parts A, B, C and Commissioner Coons CommissionerMeyers none 7-0 REGULAR AGENDA Regulation Number3, Parts A, B, C and D 

### Dena Wojtach ofthe Divisionpresented to the Commissionproposed 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 openburning, mobile source engine testing, vacuum pump exhaust, aircurtain destructors, back-up generators, and surface water impoundments. Campsie suggested adding the word "within"to paragraphIII.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 withthe change presented in the Errata sheet and the change to the 15-day start-uprequirement suggestedby Commissioner Cam psie. Commissioner Slutsky Commissioner Coons none 7-0

2BRIEFINGS, DISCUSSIONS AND REPORTS 

### AnnualAssessment ofthe Air QualityImpacts from Oil and Gas Operations Chris Laplante ofthe Divisionpresented an assessment ofthe air quality impacts from oil and gas operations; anupdate onthe implementationofRegulationNumber 7's oil and gas requirements; and many oil and gas regulatory initiatives. Laplante notedthat HB 07-1341 led to strongerregulatory authority at the COGCC, environmental awareness among operators, and communicationbetweenthe Division and COGCC. Laplante concluded notingthatthe Division was working hardto reduce permitbacklogs, innovate, improve efficiencies and reduce emiSSIOnS. The Commission to a breakat 10:22AMandreconvenedat 10:39AM 

### Roberts noted that today'smeeting was ajointmeetingwiththe Board ofHealth and asked that everyone introduce themselves to one another. TheBoard ofHealth members included Laura Davis, Crestina Martinez, SueWarren andJoan Sowinski. Review ofthe2011 Ozone Season Gordon Pierce and Garry Kaufman ofthe Division presented the 2011 summertime ozone monitoring data and reported on any exceedances or violations ofthe ozone standards. Pierce also reviewed the historical data andprojected future values that would be neededto remain belowthe national standardinthe next summer season for 2012. Pierce also provided an overview ofwinter ozone levels in the Uinta Basin. Kaufman discussed EPA's decisions on revising the ozoneNAAQS and the policies that would occur in the near future. The Commission to lunch at 11:45AMandreconvenedat 12:30PM 

### Pulmonary Briefing Dr. Carl White from National Jewish Health provided his perspectives on air quality and the impacts on public health. White'sresearch 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 notedthatthe number ofemergency orurgent daily respiratory admissions to acute care hospitals was related to estimated ozone exposure and included asthma-relatedpatients, COPD-relatedpatients, infants and the elderly. White concluded notingthathe 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 workingtoward loweringthe standards. DemographicTrends in Colorado Dr. Phyllis Resnick provided a presentation and noted that the next 30 years would bring significant demographic change to the Denverregion and the state ofColorado. Resnick commented that the quintessential babyboomer state was projected to becomethe quintessential retirement state and thatthis demographic shift would affecthousehold size and composition, the composition ofthe labor force, and as a result, behavioral trends sueh as those related to trips and travel. Resnick summarizedthe demographic trends expected overthe next 30 years andtheir projected impact on vehicle miles traveled in the state andthe Denverregion.

3

### Colorado Environmental Public Health Tracking (COEPHT) Program AnnaVigran ofthe Colorado Environmental Public Health Tracking Program provided the Commission with a slide presentation coveringthe background, purpose, and national scope of the Environmental Public Health Trackingprogram. Vigran also provided a demonstration of COEPHT's newwebsite includinghowto querythe data and viewthe results in multiple formats. 

### Annual Report to the Public Silversteinreviewed the annual report to the public and discussed air quality in the various regions ofthe state. Roberts addressed the letterreceived from NFRMPO wanting to be a separate area and asked howthe rest ofthe Commission felt. The Commission was in agreement however it would remain as one air shed area. Laura Davis ofthe Board ofHealththankedthe Commission for having such a broad area of information atthis year's meeting as well as providingthe Annual Report in advance. 

### Division Director's Report- Will Allison • CDPHE's Strategic Planning Process that had been developed byvarious agencies across the state that included a planto alignpriorities and resources to improve and sustain public health and environmental quality. • Oil and Gas NSPS: the Divisionis currentlyreviewing. • S02 1-hour standards are being reviewed and howto implement and model them. • Permitprocessing: the Division is working diligently with others to clearthe backlog. 

### Commissioner Informational Items • Roberts noted that she had heard comments about the IM Program inher manytravels and noted that she would work with Decker and Silversteinto develop a Pilot Program to determine whether we go forward with an IM Program oran OBD Program. Roberts asked ifthe Commission would like to develop a subcommittee that would research the variances ofthe two programs in orderto decide which direction to go in the future. Allison noted thatthe Division couldprovide to Roberts where theyhad already gone with bothprograms in orderto supportthis process. 

### Attorney General's Report- Andrea Gelfuso-Goetz • CleanAir-Clean Jobs Act cases • WildEarth Guardians case • PSCO case 

### Administrator's Report- Mike Silverstein • ReviewNovemberagenda items • Review ofAction Items from today's Commissionmeeting Adjourn at 3:19PM

4

# Legal Opinion ofthe Colorado State Attorney General 40 CFR Part51 Appendix V2.1(c) and(e)JOHN W. SUTHERS Atwrncy General CYNTHIA H. COFFMAN Ch1cfDeputy Allorney General DANIEL D. DOMENICO Solicitor General 

### STATE OF COLORADO DEPARTMENT OF LAW OFFICE OFTHE ATTORNEY GENERAL STATE SERVICES BUILDING 1525 Sherman Street

- 7th Floor Denver, Colorado 80203 Phone (303) 866-4500 Fax (303) 866-5691

TrackingNumber: 20 ll-00486 OPINION OF THEATTORNEY GENERAL RENDERED IN

CONNECTION WITH THE RULES ADOPTED BY THE Air Quality Control Commission ON 10/20/2011

SCCR 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 orRegulationRevisions as Published inthe Colorado Code ofRegulations (this is the versionthat is publishedby LexisNexis) 

# 40 CFR Part51 Appendix V2.1(b)

# STATE OF COLORADO

John W. Hickenlooper, Governor Christopher E. Urbina. MD. MPH. Executive Director and Chief Medical Officer COLORADOAIR QUALITY CONTROL COMMISSION http://www.cdphe.state.co.us 4300 Cherry Creek Drive South OED-OLRA-A5 Denver. Colorado 80246- I530 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 ofPublic 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 ofthe materials needed for your review ofeach 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 ofrule 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 PMI0 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. 

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### lames B. Martin 1vlay 

### 25, 20II 

### Page 2of2



### • 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 ofnew 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 ofthis request. The Office ofthe Colorado Air Quality Control Commission may submit any additional technical support documentation orinformation 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 ChiefMedical Officer Colorado Department ofPublic Health and Environment

cc. Martha Rudolph Garry Kaufman Mark Komp 

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# DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

AIR QUALITY CONTROLCOMMISSION 

# REGULATION NUMBER3 STATIONARY SOURCE PERMITTINGAND AIR POLLUTANTEMISSIONNOTICE REQUIREMENTS

5CCR 1001-5

EDITOR'SNOTES* AuthorityCited: See PartG History andAmendments: Amended01112178, 1 CR2. Repealed andreadopted 12/14/78, 2 CR 1. 

### Pp. 7-8.01 adopted as an emergency regulation 06/07/79,2 CR7. P. 12 approved07/12/79, 2 CR8. 

### Pp. 1-26repromulgated 06/05/80, EFFECTIVE 07/30/80, 3 CR7. 

### Pp. 7-8.25 adopted 05/13/82, EFFECTIVE 06/30/82, 5 CR6. Pp. 1-52 adopted03/10/83, EFFECTIVE 04/30/83,6CR4. Pp. 34-60 adopted 02/07/85, EFFECTIVE 03/30/85,8 CR3. Pp. 1-61 adopted 03/20/86, EFFECTIVE 04/30/86, 9 CR4. Pp. 21-22 reissueddueto clerical errorbyDepartment ofHealth, 9 CR7. Pp. 1-58 adopted 03/19/87, EFFECTIVE 04/30/87, 10CR4. 

### Pp. 59-63 adopted 11119/87,EFFECTIVE 12/30/87,10CR 12. P. 42 adoptedas emergency regulation 06/16/88, EFFECTIVE06/16/88, 11 CR7. Pp. 1- 74adopted 08/18/88, EFFECTIVE09/30/88, 11 CR9. Pp. 48-49 adopted09/15/88, EFFECTIVE 10/30/88;p. 48E adopted as emergencyregulation 09/20/88, EFFECTIVE 09/20/88,11 CR 10. P. 49 adopted as emergency regulation 06/01189, EFFECTIVE 06/01/89; p. 50adopted as emergency regulation 06/15/89, EFFECTIVE 06/15/89, 12 CR7. P. 50 adopted as emergencyregulation 09/21/89, EFFECTIVE 09/21/89, 12CR 10. Pp. 1- 74adoptedas emergency regulation 01118/90,13 CR2. Pp. 1-78 adopted 05/17/90,EFFECTIVE 06/30/90, 13 CR6. 

### Pp. 1-75 adopted 10/17/91, EFFECTIVE 11130/91, 14CR 11. A.G. Opinions: 1AG 129; 2 AG 15; 2 AG 162; 3 AG 187; 

### 5AG 150; 6 AG 110-111; 8AG 52; 9 AG 88; 9 AG 193; 10 AG 101; 10 AG 359; 11 AG 206; 11 AG 271; 11 AG318-319; 12 AG 215-216; 12 AG 341; 13 AG 51-52; 13 AG 176; 14 AG 360; Annotations: Colorado-UteElectricAssociationv. AirPollution Control Commission, Colorado CourtofAppealsNo. 77- 662,November27, 1981,heldthatthe AirPollution Control Commissiondidnothave statutory authority to issue section II.H.l ofAirPollutionControlCommissionRegulationNo. 3 (5CCR I001-5) governingthe issuance ofair contaminantemissionpermits. Rule IV, H.6, adopted 5/17/90, was notextendedby H.B. 91-1257 andtherefore expiredJune 1, 1991.

*ThisTitlePagedoesnotconstitute an officialpartofany regulation. Information contained ontheTitlePageisprovided by the Publisher from sourcesdeemedreliable and is solely for informational andhistoricalpurposes. Seecautionarynotein Introductory Materials, Howto UsetheCCR. 0 2011 State ofColorado All RightsReserved. (800) 833-9844

## EDITOR'S NOTES (continued) History and Amendments: Pp. l-36 adopted 08/20/92, EFFECTIVE 09/30/92, 15 CR9. Pp. 76-93 adopted as emergency regulation l0/15/92, EFFECTIVE l0/15/92, 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 CR8. Pp. l-236 adopted 07/15/93, EFFECTIVE 09/30/93, 16 CR9. 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, 17CR4. Pp. 141-142 adopted as emergencyregulation 05/19/94, EFFECTIVE 05/23/94, 17 CR7. Pp. 1-120 adopted 08/18/94, EFFECTIVE 09/30/94, 17 CR9. 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 emergencyregulation 12/15/94, EFFECTIVE 12/15/94, 18 CR2. Pp. 73-74 adopted 02/16/95, EFFECTIVE 02/16/95, 18 CR4. 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 CR5. Pp. 45, 73.01, 76-77, 78-82, adopted 05118/95, EFFECTIVE 07/30/95, 18 CR7. 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 CR2. Pp. 44-45 adopted 02/15/96, EFFECTIVE 04/30/96, 19CR4. Pp. 4, 41,41.02-45, 75.01-76, 80-82, 125-128.02 adopted 03/21/96, EFFECTIVE 05/30/96, 19 CR5. 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. 119-157,227-229adopted 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, 144-146.01,230-234adopted 02/21/02, EFFECTIVE 04/30/02,25 CR4. Adopted 7/18/02, EFFECTIVE 9/30/02,25 CR9. Adopted 10/17/02, EFFECTIVE 12/30/02,25CR 12. Regulation I.A adopted 03/21/03, EFFECTIVE 04/30/03,26 CR4. Adopted 03112/04, EFFECTIVE 05/30/04,27CR5. Regulation No. 3Adopted 04/16/04, EFFECTIVE 06/30/04, 27 CR6. Part B adoptedby technical correction, 27 CR 12. Part A, Part B, Part C, PartD, PartF adopted 12/16/04, EFFECTIVE 03/02/05,28CR2. Parts A toF adopted 7/21/05, EFFECTIVE 10/02/05,28CR9. Pp23-27,35,77, 111-183,283-285 adopted 12/15/06,EFFECTIVE 03/02/06, 29 CR2. Regulation 3, PartB, Section III.C adoptedbytechnical correction; Regulation 3, Part G adopted 03116/06, EFFECTIVE 05/30/06, 29 CR5. Rule replaced in its entirety, adopted 08/17/06, EFFECTIVE 10/30/06,29CR 10. Rules VI.D.l. andI.LL. adopted 12/15/06,EFFECTIVE 03/04/07,30CR2. PartA, SectionI.A. and PartD adoptedbytechnical correction, 30 CR6. Rules VI.D.l and I.MM adopted 10/18/07, EFFECTIVE 11130/07,30CR 

### 11. PartE-BestAvailableRetrofitTechnology (BART), Rules V.B, VI (entire section), I.NN adopted 12/21107,EFFECTIVE 03/01108, 31 CR2. Rule replaced in its entirety, adopted 02/21/08, EFFECTIVE 04/30/08,31 CR4. PartF, Section IV.B, PartG, SectionI.PP adopted 05/14/08,EFFECTIVE 06/30/08,31 CR6. Part A, SectionVI.D.l, PartG, Section I.QQ adopted 09/18/08, EFFECTIVE I0/30/08, 31 CR 10. PartA, Section II.D.1, Part B, Section II.D.1, PartC, 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 andI.D.VI, I.RR, I.SS adopted 12/19/08, EFFECTIVE 01130/09, 32 CR 1. PartE,PartF, Section VI.B. adoptedbytechnical correction, 32 CR8. Regulationreplaced in its entirety adopted 10/21110,EFFECTIVE 12/15/10,33 CR23. Part D, SectionXIV.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, 34CR2. A.G. Opinions: 15 AG 361-36IA; 15 AG455; 15 AG 508; 16 AG 275; 16AG 306; 17 AG 140-141; 17 AG269; 17 AG 348; 17 AG480; 18 AG 30; 18 AG 77; 18 AG 140; 18 AG 180; 18 AG251; 18 AG 364; 19 AG 52; 19 AG 

### III; 19 AG 125-126; 19 AG 236-237; 19AG 380; 20 AG 19; 23 AG 8; 24AG 363; 25 AG 120; 25 AG 312; 25 AG 431; 26 AG 162; 27 AG 170; 27AG 208; 28AG 42; 28 AG225; 29 AG 77-78; 29AG 174; 29AG Oct 1001-5; 30AGFeb 1001-5; 30AGNov 1001-5; 31 AG Feb 1001-5; 31 AGApr 1001-5; 31 AGJun 1001-5; 32 AG Oct 1001-5; 32 AGJan 1001-5- IOOI-5a; 33 AGNov 1001-5; 34AG Jan 1001-5 Annotations: AirPollution ControlDivision did nof.errby obtainingand reviewing theoriginalvisibility data from the National ParkServicebecausetheDivisionreviewed and analyzed that information in ultimately arriving at its own conclusion. Citizens for CleanAir& Water v. Colo. Dep'tof Pub. Health & Env't, 181 P.3d393 (2008).



### 5 CCR 1001-5 Page2

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### EDITOR'S NOTES (continued) History andAmendments: PartA, 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., PartB, 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., PartG, Sections I.C., I.VV. [TN 2011-00486] adopted 1 0/20/II, EFFECTIVE I2/ I5/II,

### 34 CR22.

A.G. Opinions: 34AGNov 1001-5

Annotations:

©2011 StateofCo1orado 

### Page 3 

### 5 CCR 1001-5 All Rights Reserved. (800) 833-9844©2011 State ofColorado All Rights Reserved 

### 34 CR 21 and 22, 11-11

1.8.16. Continuous ParameterMonitoring System (CPMS) 

### Page 5

Allofthe equipmentnecessaryto meet the data acquisition andavailabilityrequirements of Part 0 ofthis Regulation, to monitorprocess andcontrol device operationalparameters (for example, control device secondary voltages andelectric currents) andotherinformation (for example, gas flowrate, 02 or

### C02 concentrations), andto recordaverage operational parameterva/ue(s) on 

### a continuous basis. 

### I.8.17. Criteria pollutants Those pollutants forwhich 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 precursorto PM2.5), PM10, PM2.5, total suspended particulate matter, ozone, volatile organic compounds (as a precursor to ozone), and lead. Forthe purposes ofAir 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 ofan affected source and ofall affected units atthe source, as evidenced by a certificate of representation submitted in accordancewith Subpart 8 ofCode 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 ofa permit that is released to the publicfor an opportunity for public comment and hearing, and for affected state review priorto 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 ofa construction permit prior to the effective date ofapplicable requirements. 1.8.21. Fugitive Dust For purposes ofthis Regulation Number 3, fugitive dust means soil or other airborne particulate matter (excluding particulates produced directly during combustion) resulting from natural forces orfrom surface use ordisturbance, including, but not limited to, all dustfrom agriculture, construction, forestry, unpaved roads, mining, exploration, orsimilar activities in which earth is either moved, stored, transported, or redistributed; exceptthatfugitive dust shall not include any fraction ofsuch soil or otherairborne particulate matter that is ofa size or substance to adversely affect public health orwelfare. 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 ofthe 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 ofair pollutants that might reasonably be expected to interferewith the attainment and maintenance of National Ambient Air Quality Standards. 1.8.25. Major Source Any stationary source or group ofstationary sources belonging to the same industrial grouping (see Section 1.8.43. ofthis PartA), that are located on one or more contiguous or adjacent properties and are undercommon control ofthe same person (or persons under common control) that: 1.8.25.a. Directly emits, or hasthe potential to emit considering enforceable controls, in the aggregate, ten tons peryear or more ofany hazardous air pollutant ortwenty-five tons peryear or more ofany combination of hazardous air pollutants, or such lesserquantity ofhazardous 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 notsuch units are in a contiguous area or under common control, to determine whether such units or stations are majorsources, and in the case ofany oil or gas exploration or production well (with its associated equipment), such emissions shall not be aggregated for any purpose underthis provision. Fugitive emissions shall be considered in determining whether a stationary source ofhazardous 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 ofany pollutant subject to regulation. Fugitive emissions shall not be considered in determining whether a source is a major source for ' purposes ofthis Section 1.8.25.b., unless the source belongs to one ofthe following categories ofstationary 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) Primaryzinc smelters; I.B.25.b.(v) Iron and steel mills; I.B.25.b.(vi) Primary aluminum ore reduction plants;



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS© 2011 State ofColorado All Rights Reserved 

### 34 CR 21 and22, 11-11 Page 7 I.B.25.b.(vii) Primary copper smelters; I.B.25.b.(viii) Municipal incinerators capable ofcharging 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 ofmore 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 ofAugust 7, 1980 under Section 111 or 112 ofthe Federal Act, but onlywith respect to those air pollutants that have been regulated forthat category. I.B.25.c. Meets any ofthe definitions of major stationary source set forth in Section II.A.24. of Part D ofthis Regulation Number 3.



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1.8.26. Minor Source Any stationary source that does not qualify as a majorsource (as defined in Section 1.8.25. above). 1.8.27. Mobile Source Motorvehicles and other sources ofair 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, orchange in the method ofoperation 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 ofany pollutant for which a federal or state emission standard has been promulgated orthat results in the emission ofany 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 ofoperation: 1.8.28.b.(i) An increase in the production rate ifsuch increase does not exceed the design capacity ofthe source and does not lead to emissions in excess ofthe emission standards; 1.8.28.b.(ii) An increase in the hours ofoperation that does not lead to emissions in excess ofthe emission standards. 1.8.28.b.(iii) Use ofan alternative fuel or raw material by reason ofan order in effect under Sections 2(a) and (b) ofthe Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), a prohibition underthe Federal Power Plan and Industrial Fuel Act of 1978 (or any superseding legislation) or by reason ofa natural gas curtailment plan in effect pursuant to the Federal PowerAct; · 1.8.28.b.(iv) Use ofan alternative fuel by reason ofan order or rule under Section 125 ofthe Federal Act; or 1.8.28.b.(v) Change in ownership ofthe 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 ofmajor modification or minor permit modification (as defined in Section I.A.2. of Part C ofthis regulation)-- these are distinct and separate definitions. 1.8.28.e. Any physical change or change in the method ofoperation at a source with an operating permit issued pursuant to Part C ofthis Regulation Number3, that does not constitute a major modification (as defined in Part D, Section II.A.22. ofthis 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. orXll.8., as appropriate. for Administrative Permit Amendment see Section 1.8.1. of PartA 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, otherthan 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 ofeliminating emissions thatviolated any applicable emission control regulation or regulation forthe control ofhazardous 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 ofthe Federal Act. 1.8.31. Non-Road Engine 1.8.31.a. Except as discussed in Section 1.8.31.b. ofthis definition, a non-road

1.8.31.b.engine is an internal combustion engine: 1.8.31.a.(i) In or on a piece ofequipmentthat is self-propelled or serves a dual purpose by both propelling itselfand performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or 1.8.31.a.(ii) In or on a piece ofequipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or 1.8.31.a.(iii) That, by itselfor in or on a piece ofequipment is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia oftransportability 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:



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### 5 CCR 1001-5 1.8.31.b.(i) The engine is used to propel a motorvehicle or a vehicle used solely for competition, or is subject to standards promulgated under Section 202 ofthe Federal Act; or 1.8.31.b.(ii) The engine is regulated by a federal New Source Performance Standard promulgated under Section 111 ofthe Federal Act; or I.B.31.b.(iii) The engine otherwise included in Section I.B.31.a.(iii) ofthis definition remains orwill remain at a location for more than twelve consecutive months ora shorter period oftime 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 orsimilarfunction 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 ofthe 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 afterthe 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 ofa 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, oran aggregation ofsuch non-road engines each with a manufacturer's site-rated horsepower of 1,200 or greater, that operate more than 4,380 hours peryear 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 ofthis regulation; I.B.31.c.(ii) Submit an application for a site-specific, temporary, non-road engine permit on forms supplied by the Division ifthe 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 ofcarbon monoxide, orforty tons peryeer or more of sulfur dioxide. After receipt and review ofa complete application, the Division shall issue a state-only non-road engine permit containing such terms and conditions as are necessary to protectthe ambient air qualitystandards. I.B.31.c.(iii) The operator ofa non-road engine that is exempt based on hours ofoperation orthe 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 majorsource of nitrogen oxides and sulfur dioxide An operator ofa non-road engine oraggregation ofengines 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) ofthis 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. ofthis 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 ifthe 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 peryear or more ofcarbon monoxide, orforty tons per year or more ofsulfur dioxide. After receipt and review ofa 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 ofa non-road engine that is 1,200 horsepower or greater, but is exempt on the basis ofthe annual emissions thresholds described above, must maintain sufficient records to verify thatthe engine or engines are exemptfrom 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 orgroup of permits covering an operating permit source that is issued, renewed, amended or revised pursuant to Part C ofthis Regulation Number 3. 1.8.33. Operating Permit Source Any source subjectto the permitting requirements of Part C ofthis 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 underany other applicable requirement. 1.8.35. Pollution Prevention Any activity that through process changes, product reformulation or redesign, or substitution ofless polluting raw materials, eliminates or reduces the release ofair 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, ordisposal.



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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 ifit remains on one site for more than two years. 1.8.37. Potential to Emit The maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe 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 ifthe limitation orthe effect itwould have on emissions is state enforceable and federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 1.8.38. Predictive Emissions Monitoring System (PEMS) Allofthe equipmentnecessaryto monitorprocess andcontrol device operationalparameters (forexample, controldevice secondary voltages andelectric currents) andotherinformation (forexample, gas flowrate, 02 orC02 concentrations), andcalculate andrecord the mass emissions rate (forexample, lblhr) on 

### a continuous basis. 1.8.39. Regulated Air Pollutant Nitrogen oxides or anyvolatile 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 pollutantthat is subject to anystandard promulgated under Section 111 ofthe Federal Act (Regulation Number6); any class I or II substance subject to a standard promulgated under or established byTitle VI ofthe Federal Act; any pollutant subjectto a standard promulgated under Section 112 or other requirements established under Section 112 ofthe Federal Act, including Sections 112(g), 0), ahd (r) ofthe Federal Act; and any pollutant subjectto a standard promulgated pursuant to Colorado Revised Statutes Section 25-7-109.3(5)(a), (state-only hazardous air pollutants listed in Section 25-7-109.3(5)(a) are subjectto state enforcement only and do nottrigger enforcement bythe Administrator or by citizens under Section 304 ofthe 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 ofthe following:



### 5 CCR 1001-5 1.8.40.a. For a corporation: a president, secretary, treasurer, orvice president ofthe corporation in charge ofa principal business function, or any other person who performs similar policy or decision making functions for the corporation, or a dulyauthorized representative ofsuch person ifthe representative is responsible forthe overall operation ofone or more manufacturing, production, or operating facilities applying foror 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 ofauthority 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. Forthe purposes ofthis section, a principal executive officer ofa federal agency includes the chief executive officer having responsibility for the overall operations ofa principal geographic unit ofthe 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 underTitle IV ofthe Federal Act orthe 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 underTitle IV ofthe Federal Act orthe Code of Federal Regulations Title 40, Part 72 for any other purposes underthe Code of Federal Regulations Title 40, Part 70. 1.8.41. Schedule ofcompliance A schedule ofrequired measures, including an enforceable sequence ofactions or operations, leading to compliance with an applicable state implementation plan, emission standard, emission limitation, emission prohibition, oremission control regulation. 1.8.42. State-only Condition Means any standard, term or condition that is not required by PartC ofthis regulation (Title V Operating Permits), Part D ofthis regulation (major New Source Review), Title Ill (hazardous air pollutants) or Section 111 (New Source Performance Standards) ofthe 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 minorsource (as defined in Section I.A. ofthis Part}, or is otherwise more stringentthan a requirement underthe 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 subjectto regulation under the Federal Act, that is located on one or more contiguous or adjacent properties and that is owned oroperated 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. ofthis Part shall not be considered a stationary source. Building, structures, facilities, equipment, and installations shall be considered to belong to the same industrial grouping ifthey 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 atthe office ofthe Director ofthe Air Po;iution Control Division, Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.



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forAffected Source see Section I.A.1. of Part C for Existing Source, see Section 1.8.20. of PartA for Indirect Source, see Section 1.8.24. of Part A for Major Source, see Section 1.8.25. of PartA for Major Stationary Source, see Section II.A.26. of Part D for Minor Source, see Section 1.8.26. of PartA for Mobile Source, see Section 1.8.27. of Part A for New Source, see Section 1.8.29. of PartA for Portable Source, see Section 1.8.36. of Part A forTemporary Source, see Section 1.8.45. of Part A 1.8.44. Subjectto Regulation Forany 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 of40 CFR Chapter I ofthe Federal Act, thatrequires actual control ofthe quantity ofemissions ofthe pollutant, and that such a control requirement hastaken effect and is operative to control, limit or restrict the quantity ofemissions ofthat pollutant released from the regulated activity, except that:



### 5 CCR 1001-5 1.8.44.a. GHG shall not be subjectto regulation except as provided in Sections 1.8.44.d. through f. ofthis Part A. 1.8.44.b. For purposes ofSection 1.8.44.c. through e., the term C02e ofthis PartA, shall represent an amount ofGHG emitted, and shall be computed as follows: 1.8.44.b.(i) Multiplying the mass amount ofemissions (tpy), for each of the six GHGs in the pollutant GHG, bythe gas's associated GWP published at TableA-1 to SubpartA of Part 98 of40 CFR as in effect October 30, 2009, which is hereby incorporated by reference, but not including later amendments. For purposes ofthis paragraph, prior to July21, 2014, the mass ofthe greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originatingfrom 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 organicfractions ofindustrial and municipal wastes, including gases and liquids recovered from the decomposition ofnon-fossilized and biodegradable organic material}. 1.8.44.b.(ii) Sum the resultant value from Section 1.8.44.b.(i) ofthis 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. ofthis PartA, 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 January2, 2011, the pollutant GHG is subject to regulation concerning major stationary source new source review and prevention ofsignificant deterioration if:



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### 34 CR 21 and 22, 11-11 Page 15 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 orwill 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 ofa regulated NSR pollutant, and an emissions increase of75,000 tpy C02e or more. I.B.44.e. Beginning July 1, 2011, in addition to the provisions in Section I.B.44.d. of PartA, the pollutant GHG shall also be subject to regulation if: I.B.44.e.(i) Concerning operating permits (Sections Ithrough XIV of Part C), at a new or existing stationary source thatwill emit or have the potential to emit 100,000 tpy C02e; or I.B.44.e.(ii) Concerning majorstationary source new source review and prevention ofsignificant deterioration and operating permits: I.B.44.e.(ii)(A) At a new stationary source thatwill 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 ofoperation thatwill result in an emissions increase of75,000 tpy C02e or more. I.B.44.f. Ifthere is a change in federal law that supersedes, orthe District of Columbia Circuit Court ofAppeals orthe United States Supreme Court directs or issues an order, which limits or renders ineffective the regulation ofGHG emissions at stationary sources under the New Source Review Prevention of Significant Deterioration(PSD) orTitle V provisions ofthe Federal Act the regulation, GHG emissions underthe 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 longertime 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 ofany 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 ofsuch 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.



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1.8.47. Wet Screening Operations A screening operation at a nonmetallic mineral processing plant that removes unwanted material orthat 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 ofthe process and the product is saturated with water. Screensthat use spray bars for the purposes ofdust 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 ofair 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, orare 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 ofthe persons operating and owning such facility, the nature ofsuch facility, process oractivity, an estimate ofthe quantity and composition ofthe 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 ofthe annual actual emissions, including emission controls. The emissions estimate shall be based upon actual test data or, in the absence ofsuch data, upon estimations acceptable to the Division. The following alternative estimate methods, in order ofdescending acceptability, are acceptable to the Division: • II.B.1.a. Mass balance calculations ora published, verifiable emission factor, whichever is best applied to the source; or 11.8.1.b. Otherengineering calculations. Stack testing oremission monitoring will not be required solely to meetthe Air Pollutant Emission Notice reporting requirements. An owner oroperatorshall provide ajustification to the Division for not using any methods that are higher on the list than the method the owner oroperator proposes to use. Ifnone ofthe 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 ofSection II.C.2. ofthis PartA. 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 NoticeTerm An Air Pollutant Emission Notice is valid for a period offive years. Thefive-year period recommences when a revised Air Pollutant Emission Notice is received bythe Division.



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For the purposes ofAir Pollutant Emission Notice applicability, a source will be considered to be an individual emission point, orgroup of points pursuant to Section 11.8.4. ofthis 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 ofone ton peryear or more ofany 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 oftwo tons peryear or more ofany individual criteria pollutant (pollutants are not summed); each individual emission pointwith uncontrolled actual emissions oflead greater than one hundred pounds peryear, regardless ofwhere 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 pointwith uncontrolled actual emissions that exceed the de minimis levels as determined following the procedures setforth in AppendixA. 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 ofequipment 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 ofemissions meetthe following guidelines: 11.8.4.a. All ofthe aggregated sources have identical source classification codes and emission factors for criteria pollutants; 11.8.4.b. Each ofthe aggregated sources share a similar location within the facility; 11.8.4.c. Similar sources regulated underthe New Source Performance Standards (Regulation Number6) and non-New Source Performance Standard sources should not be grouped; 11.8.4.d. None ofthe individual sources is required to monitor emissions through the use ofcontinuous emission monitors; 11.8.4.e. Each ofthe individual emission points has fuel usage, production, and a consumption level, which are indistinguishablefrom the other points, which have been grouped on the Air Pollutant Emission Notice; 11.8.4.f. None ofthe 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.



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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 currentAir Pollutant Emission Notice on file with the Division shall be used for emission fee calculations as described in Section VI. ofthis 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.Annuallywhenever a significant change (as defined in Section II.C.2.) in annual actual emissions occurs; or II.C.1.b.Wheneverthere is a change in the owner or operator ofanyfacility, process, or activity; or II.C.1.c.Whenever new control equipment is installed, orwhenever a differenttype of control equipment replaces an existing type ofcontrol equipment (revised Air Pollutant Emission Notices are not required for routine maintenance, repair, or replacement ofcontrol 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 wheneverthe location ofa portable facility, process, oractivity is changed, however, the owner or operator ofsuch source mustfile a relocation notice. Such notice shall be received bythe Division at leastten days prior to the change in location. Alternatively, the owner oroperator ofa 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 ancillaryto the main units at electric utility facilities, and that have a permit under Parts CorD ofTitle I, orTitle V ofthe 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 utilityfacility, and that have a permit containing limits on the physical oroperational capacity ofthe 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 ofthis Regulation Number3. If an owner oroperator ofsuch 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 forthe preceding three years.



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II.C.2. Significant change, forthe purposes ofthis section means: II.C.2.a. For any non-criteria reportable pollutant ifthe emissions increase by fifty percent orfive tons per year, whichever is less, above the level reported on the lastAir 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 offive tons peryear or more, above the level reported on the last Air Pollutant Emission Notice submitted to the Division, ofany such air pollutant; or II.C.2.b.(ii) Forvolatile 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 ofone ton per year or more orfive percent, whichever is greater, above the level reported on the lastAir 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 offive percent orfifty tons per year or more, whichever is less, above the level reported on the last Air Pollutant Emission Notice submitted to the Division, ofanysuch air pollutant; or II.C.2.b.(iv) A change in annual actual emissions, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division, offifty 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 oroperators ofsources that are required to obtain a permit revision mustfile 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 ofa change in annual actual emission rates must do so byApril 30 ofthe following year (e.g., a change in emissions in calendar year 1993 must be reported byApri130, 1994). II.C.3.d.Air Pollutant Emission Noticesfor 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. Forthis control equipment, a revised APEN shall be filed once per year, as specified in Section II.C.3.c. of PartA, ifany 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 ofanysubpart of Part A of Regulation Number6 (New Source Performance Standards) and/or Regulation Number8 (Hazardous Air Pollutants), Parts A,C,D, and 

### E. However, Air Pollutant Emission Notices need not be filed forwet screening operations subject to Subpart 000 ofthe New Source Performance Standards ifthe 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 specificallyto the exempted emission units, including, but not limited to: Title V, Prevention ofSignificant 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 ifsuch information is needed to determine the applicability ofTitle V (Part C ofthis Regulation Number 3), Prevention ofSignificant Deterioration (Section VI., Part D of this Regulation Number 3), or nonattainment New Source Review (Section V., Part D ofthis Regulation Number3). The following sources are exemptfrom 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 ofany criteria pollutant of less than one ton peryear, and individual emission points in attainment orattainmenUmaintenance areas having uncontrolled actual emissions ofany criteria pollutant of less than two tons peryear, 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 offood for human consumption, or cooking offood for human consumption at commercial food service establishments, except for char broilers and wood fired equipment (but not including campfires) in PM1

### 0 nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service establishment, either gas fired or using charcoal or otherfuel, upon which grease drips down upon an open flame, charcoal orembers. II.D.1.f. Safetyflares used to indicate dangerto 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. ofthis part); (2) meets or exceeds the storage capacity thresholds ofa federal New Source Performance Standard (Regulation Number 6, PartA); or (3) participates in the early reduction program ofthe Federal Act, Section 112. Ancillary operations such as fueling stations located atfarms or ranches are notexempt 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 

### & developmentfacilities: 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 ofa small pilot scale and that process less than ten thousand pounds oftest 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 ofany criteria pollutant orten pounds ofany non criteria reportable pollutant. 11.0.1.j. Disturbance ofsurface 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 offuel 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 offuel 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 dailythroughput of less than twenty-five gallons.



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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 ofstreets 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, orwelding operations, except those that use lead based compounds. All welding that occurs strictlyfor 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 ofthe production process. II.D.1.w. The process ofdemolition and re bricking offurnaces and kilns. This does not include subsequent operation ofsuch 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 ofa 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 ofpesticides, 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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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 ofsuch chemicals. This exemption does not apply to transfer ofchemicals from, to, or between such containers. 11.0.1.nn. Architectural painting, roof coating material and associated surface preparation (exceptfor sandblasting and exceptforvolatile 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. ofthis part) or non-criteria reportable pollutants (as defined in Section 1.8.30. ofthis 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 ofodorous emissions that do not utilize emission control equipment for control ofodorous 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 exclusivelyfor portable steam cleaning. II.D.1.xx. Blast cleaning equipment using a suspension ofabrasive 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 ofbutane, 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 ofcapacity less than forty thousand gallons of lubricating oils or used lubricating oils.



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II.D.1.bbb. Venting ofcompressed natural gas, butane or propane gas cylinders, with a capacity ofone 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 1vapor recovery on all tanks greaterthan 

### 550 gallons capacity, as required by Regulation Number 7, in orderto 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 ofthe 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 ofthe following: II.D.1.fff.(ii)(A) Diesel fuels 1 D, 2 D, or4 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 avapor pressure equal to or lowerthan that ofdiesel 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 orequal 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 ofproposed drilling locations priorto commencement ofsuch operations. Air Pollutant Emission Notices are not required until after exploration and/or production drilling, workovers, completions, and testing are finished.



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If production will result in reportable emissions, the owner or operatorshall file an Air PollutantEmission Notice with the Division within thirty days after the well completion or recompletion report and log is filed with the appropriate state orfederal agency. If production will not occur, or production will not result in reportable emissions, the owner or operator shall submitwritten notice to the Division indicating that the well was plugged, orthat emissions are otherwise not reportable. Ifproduction will result in reportable emissions, the owner or operator shall file an Air Pollutant Emission Notice with the Division within thirty days afterthe report offirst production is filed with the appropriate state orfederal agency but no laterthan 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 etseq.). II.D.1.ppp. Ventilation ofemissions from mobile sources operating within a tunnel, garage, or building that are not operating fortransportation purposes and are subject to stationary source requirements. II.D.1.qqq. Non-asbestos demolition. II.D.1.rrr. Sandblast equipmentwhen 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 ofoil and gas production wastewater impoundments (including produced water tanks) containing equal to or morethan one percent by volume crude oil on an annual average and commercial facilities that accept oil and gas production wastewaterfor 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 notto exceed ten thousand five hundred gallons capacity. II.D.1.aaaa.(ii) Sodium hydroxide storage tanks. II.D.1.bbbb. Containers, reservoirs, ortanks used exclusively for dipping operations that contain no organic solvents for coating objects with oils, waxes, greases, or natural orsynthetic resins. II.D.1.cccc. Wet screening operations notwithstanding the applicability ofthe 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. ofthis PartA, except certain non-road engines subject to state-only air pollutant emission notice and permitting requirements pursuant to Section I.B.31.c. ofthis 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 activityfor 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.



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None ofthe exemptions listed below in Sections II.D.1. through 11.0.4. shall apply ifa source is subject to PartA of Regulation Number6 (New Source Performance Standards) and/or Regulation Number 8 (Hazardous Air Pollutants), Parts A,C, D, and E. Permit exemptions taken underthis section do not affect the applicability ofthe regulations to the source. An applicant may not omit any information regarding APEN or permit exempt emission units in any application ifsuch information is needed to determine the applicability ofTitle V (Part C ofthis Regulation Number 3), Prevention ofSignificant Deterioration (Section VI. of Part D ofthis Regulation Number3), or Nonattainment New Source Review (Section V. of Part D ofthis Regulation Number3). II.D.1. The following sources are exempt because by themselves orcumulatively as a category are deemed to have a negligible impact on air quality: II.D.1.a.Those sources exempted from the filing ofAir Pollutant Emission Notices in Section II.D. of PartA, ofthis regulation. II.D.1.b.Containers, reservoirs, ortanks used exclusively for dipping operations for coating objectswith 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 morethan two hundred and fifty hours peryear; 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 domesticwastewater treatment works, ortreatment facilities thattreat only domestictype wastewater, except for combustion processes. II.D.1.e. Each individual piece offuel 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, exceptfor stations located in the Denver 1-hourozone attainment/maintenance area. II.D.1.g.Surface mining activities that mine seventy thousand tons or fewer of product material peryear. 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.Composting piles, however, all odor requirements of Regulation Number2 must be met. II.D.1.i. Commercial and product quality control laboratory equipment.



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11.0.1.j. Fires and equipment used for noncommercial cooking offood for human consumption and forcooking offood for human consumption at commercial food service establishments. 11.0.1 .k. Petroleum industryflares, not associated with refineries, combusting natural gas containing no hydrogen sulfide except in trace (less than five hundred parts per million weight) amounts, approved bythe Colorado Oil and Gas Conservation commission and having uncontrolled emissions ofany pollutant ofless than five tons peryear. 11.0.1.1. Crude oil truck loading equipment at exploration and production sites where the loading rate does not exceed 10,000 gallons ofcrude oil perday averaged on an annual basis. Condensate truck loading equipment at exploration and production sites that splash fill less than 6750 barrels of condensate peryear or that submerge fill less than 16308 barrels of condensate per year. Crude oil or condensate loading truck equipment at crude oil production siteswhere the loading rate does not exceed 10,000 gallons perday averaged over anythirty-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 ofcommercial facilities that accept oil and gas production wastewaterfor processing. 11.0.1.n.Crude oil storage tanks with a capacity of40,000 gallons or less. 11.0.2. Facilities located in a nonattainment area for any criteria pollutant forwhich 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 peryearvolatile organic compounds. 11.0.2.b.One ton peryear PM10. 11.0.2.c. Oneton peryear PM2.5. 11.0.2.d. Five tons peryear total suspended particulate. 11.0.2.e.Five tons peryear carbon monoxide. 11.0.2.f. Five tons peryear sulfur dioxide. 11.0.2.g. Five tons peryear nitrogen oxides. 11.0.2.h.Two hundred pounds peryear lead. For purposes ofcalculating total facility uncontrolled actual emissions, only those individual (or grouped) emission points requiring Air Pollutant Emission Notices are to be considered.



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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 ofoperation takes place. III.G.2. Within 180 calendar days after commencement ofoperation, the source shall demonstrate to the Division compliance with the terms and conditions ofthe initial approval construction permit. The Division may inspectthe source to determine whether or notthe operating terms and conditions ofthe initial approval construction permit have been satisfied. Atthe end of 180 days, the Division must revoke the construction permit; or, continue the construction permit ifapplicable; or, notify the owner or operatorthat the source has demonstrated compliance with the construction permit. III.G.3. Before final approval ofthe 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 priorto 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 ofa final approval construction permit, upon demonstration bythe source ofcompliance with all terms and conditions ofthe construction permit ora satisfactoryfinal 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. Ifthe Division determines that the terms and conditions ofthe 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 ofthis regulation. Otherwise, the Division shall revoke the permit. III.G.6. Final approval may be issued atthe same time as initial approval for temporary sources ofduration ofone month or less. III.G.7. Prior to issuance offinal 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 operatorwishes to cancel a permit, the owner oroperator shall notify the Division, using forms provided bythe Division.



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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 thatwould otherwise be required to obtain a construction permit pursuantto this Part B. Any general construction permit shall complywith 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 ofthe following considerations: 111.1.1.a. The control equipment utilized by the sources; 111.1.1.b. The design characteristics ofthe sources; 111.1.1.c. The operational variability ofthe sources; 111.1.1.d. The location ofthe sources. 111.1.2. A source shall not perform any ofthe following withoutfirst obtaining a valid general construction permit from the Division pursuantto this provision, or a valid construction permit as otherwise required pursuant to Section Ill. ofthis Part B: 111.1.2.a. Commence construction 

## ormodify any building, facility, structure, or installation; 111.1.2.b. Install any machine, equipment, or other device; 111.1.2.c. Commence the conduct ofany such activity; 111.1.2.d. Commence performance ofany combinations thereof; or 111.1.2.e. Commence operations ofany ofthe same thatwill 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, orterminated in accordance with the provisions ofthis regulation. 111.1.3.b. Sources shall submit applications to be covered underthe 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 applyfor 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 ofcontrol technology or practices for the control or abatement ofair pollutants applicable to the source; or 111.1.3.c.(i)(B) Circumstances have changed since the time ofthe request to be covered so that the source is no longer appropriately controlled underthe general construction permit.



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### 34 CR 21 and22, 11-11 Page 77 111.1.3.c.(ii) Any source authorized by a general construction permit may request to be excluded from the coverage ofthe general construction permit by applying for an individual permit, as provided for underthis 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 ofthe 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 ofthe 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 ofthe source. 111.1.4. The Division shall review the application and certify ordenythe request based on criteria specified in the general construction permit established by the Division for that type ofsource. 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 bythe 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 thatwill assure compliance with the permit conditions. · 111.1.7. All general construction permits shall undergo statewide public notice. Ifa source wants to be covered undera general construction permit, the source must apply within the time period specified in the public notice.



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PARTC CONCERNING OPERATING PERMITS 

### I. Applicability The provisions ofthis Regulation Number3, Part C shall apply statewide to all sources ofair 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 minorsources ofair pollutants that voluntarily choose to obtain an operating permit. I.A. DEFINITIONS I.A.1. Affected Source (acid deposition program)A source ofair pollutants that includes one or more fossil fuel fired combustion devices subject to emission reduction requirements or limitations under Title IVof the Federal Act, Code of Federal Regulations Title 40, Part 72, or underthe state Act. I.A.2. Minor Permit Modification Any revisions to an operating permit issued bythe Division that meets the criteria ofSections X. orXI. ofthis 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 setforth in Section Ill. of PartA ofthis regulation, orthe minor permit modification procedures setforth in Sections X. orXI. ofthis Part C. A permit modification for purposes ofthe acid rain portion ofa permit shall be governed by regulations promulgated under Title IV ofthe 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 compliancewith the state and Federal Acts where the permit includes all applicable requirements ofsuch 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 subsequentto permit issuance. The permit shield shall not alter oraffect the provisions ofColorado Revised Statutes Sections 25-7-112 or25-7-113, Section 303 ofthe Federal Act, the applicable requirements ofthe acid rain program, consistentwith Section 408(a) ofthe Federal Act, orthe ability ofthe Administratorto obtain information from a source pursuant to Section 114 ofthe Federal Act; norshall the permit shield affect the liability ofan owner or operator ofa source for anyviolation ofapplicable requirements priorto or atthe time of permit issuance. I.A.5. Renewal ofan Operating Permit The process by which a permit is reissued at the end of its term.



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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 ofemissions as described by any permit term or condition; I.A.7.b. Any change that is considered a modification underTitle I ofthe Federal Act; I.A.7.c. Any change that requires or changes a case-by-case determination ofan emission limitation or otherstandard; I.A.7.d. Any change that requires or changes a source specific determination for temporary sources ofambient 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 permitterm 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 ofTitle I ofthe Federal Act; and I.A.7.h.(ii) An alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) ofthe Federal Act I.A. 7.i. The establishmentof

### a Plant-wide ApplicabilityLimitation (PAL) in accordance with SectionXVII. ofPartD ofthis regulation. I.A. 7.j. Allsignificantpermitmodifications shallbeprocessedusing the procedures setforth in Part C ofRegulation Number3 forcombined Construction\Operating Permitissuance. Such source maychoose to obtain 

### a construction permitpursuantto PartB andshallsubsequentlymeet the operatingpermitrequirements ofPart

### C.



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II. General Requirements for Operating Permits II.A. General Considerations II .A.1. Except where specifically authorized bythe terms ofthis Regulation Number3, Part C, no person shall operate any ofthe following sources without first obtaining an operating permit in accordance with the provisions ofthis regulation.



### . 5 CCR 1001-5 II.A.1.a.Any affected source; II.A.1.b.Any major source; with the exception ofthose sources thatwould be major based only on total suspended particulates emissions II.A.1.c. Any source required to have a permit pursuant to the prevention ofsignificant deterioration program of Part C, Title I, ofthe Federal Act; II.A.1.d.Any source required to have a permit pursuant to the program forthe attainment and maintenance of national ambient air quality standards or Part D ofTitle I ofthe Federal Act; and II.A.1.e.Any solid waste incineration unit that is a distinct operating unit ofanyfacility that combusts any solid waste material from commercial or industrial establishments orthe general public (including single residences, hotels, and motels). Such term does not include: (1) incinerators orother units required to have a permit under United States Code Title, 42, Section 6925 ofthe Solid Waste Disposal Act; (2) materials recovery facilities (including primary or secondary smelters) which combustwaste 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), orqualifying cogeneration facjlities, as defined in United States Code Title 16, Section 796(18)(8), ofthe Federal PowerAct, that burn homogenous waste for the production ofelectric energy or in the case ofqualifying cogeneration facilities that burn homogeneous waste for the production ofelectric energy and steam orforms of useful energy (such as heat) that are used for industrial, commercial, heating, or cooling purposes; or (4) aircurtain incinerators provided that such incinerators only burn wood wastes, yard wastes and clean lumber and that such air curtain incinerators complywith any applicable opacity limitations. Operating permits for solid waste incineration units shall be obtained within thirty-six months ofpromulgation of a newsource 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) ofthe Federal Act.



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### 34 CR 21 and 22, 11-11 Page 87 II.E.3.fff.(ii)(D) An oil/water mixture with a vapor pressure less than or equal to that ofdiesel 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 gasvehicle 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, ortanks used exclusivelyfor 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 domesticwastewater treatment works, ortreatment facilities that treat only domestictype 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 orfewer ofproduct material peryear. 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 ofnative soils and rock (not added or concentrated by chemical or mechanical processes) from underground mines orsurface mines unless such source is a major source ofhazardous air pollutants under Part C ofthis Regulation Number 3.



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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 underthe federal Insecticide, Fungicide and Rodenticide Act as established bythe U.S. EPA (United States Code Title 7, Section 136 et seq.). II.E.3.uuu. Ventilation ofemissions 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 equipmentwhen 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 horsepowerwhich operate less than 1,450 hours peryear. II.E.3.xxx.(ii) *Greaterthan 175 horsepower and less than or equal to 300 horsepowerwhich operate less than 850 hours per year. II.E.3.xxx.(iii) *Greaterthan 300 horsepower and less than or equal to 750 horsepowerwhich 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 ofimpoundment ofoil and gas production wastewater (including produced watertanks) 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 wastewaterfor 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 ofnatural gas lines for safety purposes. Chemical storage tanks II.E.3.eeee.(i) *Sulfuric acid storage tanks notto 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 ofthe New Source Performance Standards included in the Code of Federal Regulations, Title 40, Part 60, Subpart 

### 000. II.E.3.gggg. *Any condensate storage tankwith a production rate of730 barrels peryear or less or condensate storage tanks that are manifold together with a production rate of730 barrels peryear or less that are owned and operated by the same person, and are located at exploration and production sites.



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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 seekjudicial review ofa final action denying coverage under a general permit. VII I.E. Ifsome, but not all, ofa source's operations, activities, and emissions are eligible for coverage underone or more general permits, the source may apply for and receive coverage underthe general permits for the operations, activities, and emissions that are so eligible. If the source is required under Section II. ofthis Part C to obtain an operating permit addressing the remainder ofits operations, activities, and emissions, it may applyfor, 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 applyto the Division for coverage under the terms ofthe general permit or must applyfor an operating permit under Section Ill. ofthis Part 

### C. without repeating the public participation procedures required under Section VI. ofthis 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 ofjudicial review. VIII.

### G. Upon granting ofthe general permit by the Division, the source must keep a copy ofthe permit on-site at all times. · VIII.H. A general operating permit shall not be issued to a majorsource where issuance ofa general permitwould cause a violation ofany applicable requirement in any other operating permit held bythe source, orwhere issuance ofa general operating permit operates to allow the source to avoid a modification underTitle I ofthe Federal Act. VIII.I. A source may commence operations underthe 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 determinewhether the source qualifies for a general operating permit. Nothing herein precludes the Division from requesting additional information aftersixty days have elapsed since the source's submission ofa general operating permit application. VIII.J. The application shield shall become effective upon the source's submission ofa complete application, in accordance with Section II.B. ofthis Part 

### C. VIII.K. The permit shield shall become effective upon issuance ofthe 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. ofthisPart C everyfive years. IX. 

### Review 

### ByAffected States IX.A. The Division shall give notice ofeach draft-operating permitto any affected state on or before the time that the Division provides public notice under Section VI. ofthis Part C, exceptwhere the requirements fortiming ofnotices are different pursuantto Sections X., X.I., and XII. of this Part C. IX.B. The Division shall notifythe U.S. EPAand any affected state in writing ofany refusal by the Division to accept all recommendations for the proposed permit that the affected state submitted during the public oraffected state review period. Said notice will include the



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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 notviolate 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 ofan emission limitation or other standard ora source-specific determination fortemporary sources ofambient impacts, or a visibility or increment analysis; X.A.4. Do not seek to establish or change a permit term or condition forwhich 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 ofTitle I ofthe Federal Act, including but not limited to modifications under Part 2 ofthe state Act (prevention ofsignificant deterioration), Part 3 ofthe 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 ofpermit 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 ofeconomic 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 meetthe requirements ofan application for an operating permit as setforth 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 bythe Division to evaluate the minor permit modification application, and shall include the following:

. X.D.1. A description ofthe change, the emissions resulting from the change, and any new applicable requirements thatwill apply ifthe 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 bythe Division forthe Division to use to notify the Administrator and affected states. X.D.S. Data necessary to allow the Division to determinewhether 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 ofthe nonattainment and attainment programs (Sections V. and VI. of Part D ofthis 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 ofthe region, which the source will impact; X.D.6. Copies ofAir Pollutant Emission Notice(s) on file with the Division indicating production/process rates forwhich the operating permit is to be evaluated, or, ifAir Pollutant Emission Notice(s) have not been previouslyfiled, a newAir Pollutant Emission Notice(s) shall be submitted in accordance with Part A, Section II. The Air Pollutant Emission Noticefee will not be charged for submission ofcopies ofcurrent 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 ofa complete minor permit modification application, the Division shall send a copy ofthe notice completed pursuant to Section X.D.4., above, to the Administrator. X.G. Within five working days of receipt ofa complete minor permit modification application, the Division shall send a copy ofthe 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 setforth in this Part C. The Division shall notifythe Administrator and any affected state ofany refusal by the Division to accept all recommendations for the proposed revised permit underthe 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 underthe 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 ofa complete application for minor permit modification, orfifteen calendar days after the end ofthe Administrator's forty five day review period, whichever is later, the Division shall: X.H.1. Issue the minor permit modification as proposed;



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X.H.2. Deny the minor permit modification application; X.H.3. Determine that the requested modification does not meetthe minor permit modification criteria and should be reviewed underthe significant modification procedures; or X.H.4. Revise the draft minor permit modification and transmit to the Administratorthe 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 immediatelyafter it files such application. Ifthe 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 ifthe source fails to complywith its proposed permit terms and conditions during this period, the existing permit terms and conditions itseeks 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 ofthe acid rain portion ofa permit shall be governed by regulations promulgated underTitle IV ofthe Federal Act, found at Code of Federal Regulations Title 40, Part 72. XI. Procedures ForGroup Processing Of Minor Permit Modification Applications XI.A. Group processing ofapplications for modifications eligible for minor permit modification processing may be used onlyforthose permit modifications that: XI.A.1. Meetthe 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 lowestthreshold level as setforth below: XI.A.2.a. Ten percent ofthe emissions allowed by the permit for the emissions unitforwhich the change is requested; or XI.A.2.b. Twenty percent ofthe applicable definition of major source; or XI.A.2.c. Five tons peryear, 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 newemissions resulting from the change and notifying the Division thatthe source intends to request group processing ofsuch minor modification applications in accordancewith 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 ofan application for an operating permit as set forth in Commission Regulation Number3, 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 PartA ofthis 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 ofthe change, the emissions resulting from the change, and any new applicable requirements that will apply ifthe 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 ofgroup processing procedures and a request that such procedures be used; XI.C.4. A list ofthe source's other pending applications awaiting group processing, and a determination ofwhetherthe requested modification, aggregated with these other applications, equals or exceeds the threshold set under Sections XI.A.2.a. through XI.A.2.c. ofthis Part C; XI.C.S. Certification by a responsible official that the source has notified the U.S. EPA ofthe proposed modification. Such notification need only contain a briefdescription ofthe requested modification; XI.C.6. Copies ofAir Pollutant Emission Notice(s) on file with the Division indicating production/process rates forwhich the operating permit is to be evaluated, or, ifAir Pollutant Emission Notice(s) have not been previously filed, a newAir Pollutant Emission Notice(s) shall be submitted in accordancewith PartA, Section II. The Air Pollutant Emission Notice feewill not be charged for submission ofcopies ofcurrent Air Pollutant Emission Notice(s) previously filed with the Division. XI.C.7. Completed forms for the permitting authorityto use to notify the Administrator and affected states. Notice to affected states is not required for minorsources voluntarily applying for an operating permit to obtain the operational flexibility set forth in this Part C. Noticeto affected states and the Administrator is not required for group processing ofminor 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 nottriggerthe procedural requirements otherwise applicable for modifications pursuant to Part 8 ofthis regulation. XI.D. On a quarterly basis, orwithin five business days of receipt ofan application demonstrating that the aggregate ofa 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 permitterm, except that any aggregation ofemissions that equals or exceeds the thresholds set forth in Section A.2. shall trigger the procedural requirements setforth in this Section XI. All aggregation ofemissions 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 ofany refusal by the Division to accept all recommendations for the proposed revised permit underthe 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 underthe state or Federal Acts. XI.E. Within one hundred and eighty calendar days of receipt ofa complete application for group processing of minor permit modifications underthis Section XI., orfifteen calendar days after the end ofthe 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. Denythe minor permit modification application; XI.E.3. Determine that the requested modifications do not meetthe minor permit modification "criteria and should be reviewed underthe significant modification procedures; or XI.E.4. Revise the draft minor permit modification and transmit to the Administratorthe 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 itfiles such application. Ifthe 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 complywith existing permit terms and conditions it seeks to modify, but ifthe source fails to complywith 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 necessaryfor changes within a permitted facility, ifthe changes are excepted from the definition ofmodification in PartA, Section 1.8.28. ofthis Regulation Number3, and the changes do not exceed the emissions allowable under the permit, whether expressed therein as a rate ofemissions or in the terms oftotal 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 ofseven days' written notification in advance of the proposed changes. The notice must be received by the Division no later than seven days in advance ofthe 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 briefdescription ofthe change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term orcondition that is no longer applicable because ofthe change; XII.A.1.c. A source shall be allowed to make such change proposed in its notice on the dayfollowing the last dayofthe advance notice described in this section ifthe Division has not responded nor objected to the proposed change on or before that day; and



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### 34 CR 21 and 22, 11-11 Page 119 II.A.4.b.(iv) Fora regulatedNSRpollutant, when a projectinvolves multiple emissions units, onlyone consecutive twenty-fourmonth periodmust be used to determine the baseline actualemissions forthe emissions units being changed. A differentconsecutive twenty-fourmonth periodcan be usedforeach regulated NSRpollutant. II.A.4.b.(v) The average rate shallnotbe basedon anyconsecutive twentyfourmonth periodfor which there is inadequate information for determining annualemissions, in tonsperyear, andforadjusting this amountifrequired underSections II.A.4.b.(ii) andII.A.4.b.(iii) ofthis part. II.A.4.c. For

### a newemissions unit, the baseline actualemissions forpurposes of determining the emissions increase that will resultfrom the initialconstruction andoperation ofsuch unitshallequalzero; andthereafter, forallother purposes, shallequal the unit'spotential to emit (as definedin Section 1.8.35. ofPartA ofthis regulation). II.A.4.d. Fora PAL fora majorstationarysource, the baseline actualemissions shall be calculatedforexisting electric utilitysteam generating units in accordance with the procedures containedin Section II.A.4.a., forotherexisting emissions units in accordance with the procedures containedin Section II.A.4.b., andfor

### a newemissions unitin accordance with the procedures containedin Section II.A.4.c. liAS. Baseline Area II.A.S.a. Any intrastate area (and every partthereof) designated as attainment or unclassifiable under Sections 107(d)(1)(A)(ii) or (iii) ofthe Federal Act in which the major source or major modification establishing the minor source baseline datewould construct orwould have an airquality impact for the pollutantforwhich the baseline date is established, as follows: equal to or greaterthan one microgram/cubic meter (1 J..lg/m3) (annual average) for S02, N02, or PM1 0; or equal to or greaterthan 0.3 J..lg/m3) (annual average) for PM2.5. II.AS.b. Area redesignations under Section 107(d)(1)(A)(ii) or (iii) ofthe Federal Act cannot intersect or be smallerthan the area ofimpact ofany majorstationary 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 forthe total suspended particulate increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments, except that such baseline area shall not remain in effect ifthe permit authority rescinds the corresponding minorsource 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 atthetime ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minorsource baseline date is established and shall include:



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II.A.6.a. The actual emissions representative ofsources 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, butwere 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 physicalon-site construction activities on an emissions unit thatare ofa permanentnature. Such activities include, butare notlimitedto, installation ofbuilding supports andfoundations, laying ofundergroundpipe work, andconstruction of permanent storage structures. With respect to 

### a change in the methodofoperation, this term refers to those on-site activities otherthan preparatoryactivities thatmark the initiation ofthe change. II.A.8. BestAvailable Control Technology (BACT) An emission limitation (including a visible emissions standard) based on the maximum degree of reduction ofeach regulated NSR pollutant thatwould 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 oravailable methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofthe best available control technology result in emissions ofany pollutantthatwould exceed emissions allowed by the applicable standards in the Code of Federal Regulations, Title 40, Parts 60 and 61 (Regulation Number6, Part A, and Regulation Number 8, Part A) as in effect on the effective date ofthis clause, but not including later amendments, unless such amendments are specifically incorporated by reference in accordance with the provisions ofColorado Revised Statutes Section 24-4-103 (12.5). Information as to the availability ofsuch 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. Ifthe Division or Commission determines that technological oreconomic limitations on the application of measurement methodologyto a particular emissions unitwould make the imposition ofan 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, setforth the emissions reduction achievable by implementation ofsuch design, equipment, work practice or operation and shall provide for compliance by means that achieve equivalent results.



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### 34 CR 21 and 22, 11-11 Page 125 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 AmbientAir 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 oroperation ofa permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit ofany regulated pollutant emitted by the unit. The exemption shall apply on a pollutant-by-pollutant basis. II.A.22.d.(ix)(B) the reactivation ofa very clean coal fired electric utility steam generating unit. II.A.22.d.(x) The reactivation ofa very clean coal fired electric utility steam generating unit. II.A.22.e. This definition shallnotapply with respect to 

### a particularregulatedNSR pollutant when the majorstationarysource is complying with the requirements underSection XV. ofthis PartD for

### a PAL forthatpollutant. Instead, the definition in Section II.A.30. ofthispartshallapply. II.A.22.f. Emissions caused by indirect sources ofpollution, emissions from internal combustion engines on any vehicle, and emissions resulting from temporary construction orexploration 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 ofAugust 7, 1980 was regulated under Sections 111 or 112 ofthe Federal Act (as adopted in Regulations Nos. 6, PartA, and 8, Parts A and E) shall, to the extent quantifiable, be considered in calculating the potential to emit ofthe 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 ofnitrogen 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. Forthe purpose ofdetermining whether a source in an attainment or unclassifiable area is subject to the requirements ofthis Part D, major stationary source means:



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### 5 CCR 1001-5 II.A.24.a.(i) Any ofthe following stationary sources ofair 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 ofmore 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 ofcharging 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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### 34 CR 21 and 22, 11-11 Page 127 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 peryear or more ofany regulated NSR pollutant. II.A.24.b.Forthe purpose ofdetermining whether a source in a nonattainment area is subject to the requirements ofSection V. ofthis part, and whether a source in an attainment area affecting a nonattainment area is subject to the requirements ofSection VI.D. ofthis part, major stationary source means any stationary source ofair pollutants that emits, or has the potential to emit 100 tons peryear or more ofany regulated NSR pollutant for which the area is nonattainment. Additionally, a source causing orcontributing to a violation of a national ambient air quality standard for any pollutant regulated under Section 110 ofthe Federal Act shall be considered a major stationary source when it has the potential to emit one hundred tons peryear or more ofthat 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. ofthis Part D. Such source is subject to the requirements ofSection VI. ofthis Part D. II.A.24.c.Major stationary source includes any physical change thatwould occurat a stationary source not otherwise qualifying as a majorstationary source under Sections II.A.24.a and II.A.24.b. ofthis part, ifthe change would constitute a majorstationary source by itself. II.A.24.d.A major stationary source that is majorforvolatile organic compounds or NOx shall be considered majorfor 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.Thefugitive emissions ofa stationary source shall not be included in determining for any ofthe purposes ofthis section whether it is a major stationary source, unless the source belongs to one ofthe categories of stationary sources listed in Section II.A.24.a.(i) orany other stationary source categorywhich, as ofAugu'st 7, 1980, is regulated under Section 111 or 112 ofthe Federal Act. II.A.24.f.Emissions caused by indirect air pollution sources (as defined in Section 1.8.24. of PartA ofthis regulation), emissions from internal combustion engines on anyvehicle, and emissions resulting from temporary activities, such as construction orexploration, shall be excluded in determining whether a source is a majorstationary 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 majorfor sulfur dioxide or nitrogen oxides shall be considered majorfor PM10.



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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 ofSection VI. ofthis 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 ofnitrogen 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 foreach pollutant forwhich 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 107(d)(1)(A(ii) or (iii) ofthe Federal Act for the pollutant on the date of its complete application under Section VI. ofthis part; and II.A.25.b.(ii) In the case ofa major stationary source the pollutantwould be emitted in significant amounts, or, in the case ofa 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 applyfor purposes ofdetermining the amount ofavailable PM1 0 increments, except that the Division may rescind any such minor source baseline date where it can be shown, to the satisfaction ofthe Division, that the emissions increase from the major stationary source, orthe net emissions increase from the major modification, responsible fortriggering 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 anyregulatedNSRpollutantemittedby

### a majorstationary source, 

### the amount bywhich the sum ofthe following exceeds zero: II.A.26.a.(i) The increase in the actual emissions from a particular physical change or change in the method ofoperation at a stationary source calculatedpursuantto Sections I.A.2. through I.A.3., and 1.8. ofthis PartD; 

### and II.A.26.a.(ii) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneouswith the particular change and are otherwise creditable. Baseline actual emissions forcalculating increases anddecreases underthis paragraph shallbe determinedasprovidedin the definition of baseline actualemissions, exceptthatparagraphs II.A.4.a.(iii) and II.A.4.b,(iv) ofthis PartD shallnotapply.



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II.A.26.b. Contemporaneous- an increase ordecrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within five yearspriorto the date thatthe 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 occurswithin 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, orthe U.S. EPA has not relied on it in issuing a permit underTitle I, Part C ofthe Federal Act, which permit is in effectwhen 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 ordecrease indicating actual emissions (as defined in Section II.A.1. ofthis ofpart) and the owner oroperator mustsubmit a revised Air Pollutant Emission Notice to the Division within one year after the increase ordecrease occurs, or II.A.26.c.(iv) The owner or operator provides credible, demonstrable evidence to the Division ofwhat actual emissionswere before making the increase ordecrease and what theywere after making the increase or decrease. II.A.26.d. An increase or decrease in actual emissions ofsulfur 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 ofmaximum 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 onlyto the extent thatthe new level ofactual 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 underthis Part D, or has not relied on it in demonstrating attainment or reasonable further progress: II.A.26.f.(ii) The old level ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; II.A.26.f.(iii) 

### It is federally enforceable asa practicalmatterat and afterthe time that actual construction on the particularchange 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

### Page 130 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, notto exceed one hundred and eighty days. II.A.26.h. Section 1/.A.t.a. ofthis partshallnotapplyfordetermining creditable increases anddecreases 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 ofanyvolatile organic compound. II.A.26.j. Creditable Decreases for Fuel Switching. Generally, for credit to be given forthe emissions reduction in potential to emit oractual emissions resulting from a physical change orchange in method ofoperation ofa major stationary source occurring on orafterthe effective date ofthis rule, an Air Pollutant Emission Notice reporting such reduction must be filed within one year afterth!;l reduction occurs unless an extension is requested by the source and approved by the Division due to uncertainty as to the permanence ofsuch reduction. At the time credit for any reduction is requested, such reduction must be enforceable. Such reductions must be enforceable through permit conditions orsource specific state implementation plan revisions. II.A.27. NonattainmentMajorNew Source Review (NSR) Program A majorstationarysource preconstruction permitprogram that

### has been approvedby the Administratorandincorporatedinto this Regulation Number3. Anypermitissued underthe program 

### is a majorNSRpermit. II.A.28. PAL Effective Date Generally

### means the date ofissuance ofthe PAL permit. However, the PAL effective date for an increased PAL 

### is the date any

### emissions unit that

### ispartofthe PAL majormodification becomes operationalandbegins to emitthe PAL pollutant. II.A.29. PAL Effective Period The periodbeginning with the PAL effective date andending ten

### years later. II.A.30. PAL MajorModification Notwithstanding Sections II.A.22 and/I.A.26. ofthis PartD (the definitions formajor modification andnet

### emissions increase), anyphysicalchange in orchange in the method of operation ofthe PAL source thatcauses it to emitthe PAL pollutantat

### a level equal to or greaterthan the PAL. II.A.31. PAL Permit The Operating Permitissuedin accordance with this PartD that establishes 

### a PAL for

### a majorstationarysource.



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II.A.32. PAL Pollutant The pollutantfor which 

### a PAL is establishedat

### a majorstationarysource. II.A.33. Plant-wideApplicabilityLimitation (PAL) An emission limitation expressedin tons peryear, for

### a pollutantat

### a majorstationarysource thatis enforceable as

### a practicalmatterandestablishedsource-wide in accordance with Section XV. ofthis PartD. II.A.34. Prevention ofSignificantDeterioration (PSD) Permit Anypermitthatis issuedin accordance with Section VI. ofthis PartD. II.A.35. Project A physicalchange in, orchange in the methodofoperation of, an existing majorstationary source. II.A.36. ProjectedActualEmissions II.A.36.a. The maximum annualrate, in tonsperyear, at which an existing emissions unitat

### a majorstationarysource is projectedto emit

### a regulatedNSR pollutantin anyone ofthe five years (twelve-month period) following the date the unitresumes regularoperation afterthe project, orin anyone ofthe ten years following thatdate, ifthe projectinvolves increasing the emissions unit's design capacityoritspotential to emitofthatregulatedNSRpollutant andfull utilization ofthe unit wouldresultin 

### a significantemissions increase or

### a significantnetemissions increase atthe majorstationarysource. II.A.36.b. In determining the projectedactualemissions underSection I/.A.36.a., above, before beginning actualconstruction, the owneroroperatorofthe majorstationarysource: II.A.36.b.(i) Shallconsiderallrelevantinformation, including butnotlimited to, historicaloperationaldata, the company's own representations, the company's expectedbusiness activityandthe company's highest projections ofbusiness activity, the company's filings with the State orFederalregulatoryauthorities, andcompliance plans; and II.A.36.b.(ii) Shallinclude fugitive emissions to the extentquantifiable, and emissions associated with startups, shutdowns, andmalfunctions; and II.A.36.b.(iii) Shallexclude, in calculating anyincrease in emissions that results from the particularproject, thatportion ofthe unit's emissions following the projectthatan existing unitcouldhave accommodated during the consecutive twenty-fourmonthperiodusedto establish the baseline actual emissions underSection II.A.4. ofthispartD and thatare also unrelatedto the particularproject, including any increased utilization due to productdemandgrowth; or,



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### Page 132 II.A.36.b.(iv) In lieu ofusing the methodsetoutin Sections I/.A.36.b.(i) through I/.A.36.b.(iii), mayelectto use the emissions unit'spotential to emit, in tons peryear, 

### as definedin Section 1.8.37. ofPartA ofthis regulation. II.A.37. Reactivation ofVery Clean Coal-fired Electric Utility Steam Generating Unit Any physical change or change in the method ofoperation associated with the commencement ofcommercial 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 AirActAmendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emissions inventory atthe time ofthe enactment; II.A.37.b. Was equipped prior to shut-down with a continuous system ofemissions 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 priorto the time of commencement ofoperations following reactivation; and II.A.37.d. Is otherwise in compliance with the requirements ofthe Federal Act. II.A.38. Regulated NSR Pollutant



### 5 CCR 1001-5 II.A.38.a. Nitrogen oxides oranyvolatile organic compound; II.A.38.b. Any pollutantforwhich a national ambient air quality standard has been promulgated; II.A.38.c. Any pollutant that is a constituent or precursor ofa 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 mayonly be regulated under NSR as part of regulation ofthe general pollutant. Precursors for the purposes of New Source Review are the following: II.A.38.c.(i) Nitrogen oxides oranyvolatile 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 ofthe Federal Act; II.A.38.e. Any pollutant that otherwise is subject to regulation underthe Federal Act as defined in Section 1.8.44. or PartA;



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### 133

II.A.38.f. Notwithstanding Sections II.A.38.a. through e. ofthis Part D, the term regulated NSR pollutant shall not include any orall hazardous air pollutants either listed in Section 112 ofthe Federal Act (that have not been delisted pursuant to Section 112(b)(3) ofthe Federal Act) orAppendix 8 ofthis regulation, unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under Section 108 ofthe Federal Act. · II.A.38.g. Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activitywhich condense to form particulate matter at ambienttemperatures. 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 ofthe permit or the applicable implementation plan. Applicability determinations made priorto this date without accounting for condensable particulate matter shall not be considered in violation ofthis section. II.A.39. Replacement Unit An emissions unitfor which all the criteria listedin Sections I/.A.39.a. through I/.A.39.d. are met. No creditable emission reductions shallbe generatedfrom shutting down the existing emissions unit thatis replaced. I/.A.39.a. The emissions unitis a reconstructed.unit within the meaning ofCode of Federal Regulations Title 40, Section 60. 15(b)(1), orthe emissions unit completelytakes the place ofan existing emissions unit. I/.A.39.b. The emissions unitis identical to orfunctionally equivalentto the replaced emissions unit. II.A.39.c. The replacementdoes notalterthe basic design parameters ofthe process unit. I/.A.39.d. The replacedemissions unitispermanentlyremoved from the major stationarysource, otherwisepermanentlydisabled, orpermanentlybarred from operation bya permitthatis enforceable asa practicalmatter. 

### Ifthe replacedemissions unitisbroughtbackinto operation, itshallconstitute a newemissions unit. II.A.40. Repowering II.A.40.a. Replacement ofan existing coal-fired boilerwith one ofthe 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 bythe Administrator, in consultation with the Secretary of Energy, a derivative ofone or more ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneouslywith improved boiler or generation efficiency and with significantly greaterwaste reduction relative to the performance oftechnology in widespread commercial use as of November 15, 1990.



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II.A.40.b. Repowering shall also include any oil and/or gas-fired unitthat have been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the Department of Energy. II.A.40.5 Representative Actual Annual Emissions The average rate. in tons peryear. atwhich the source is projected to emit a pollutantforthe two year period after a physical change or change in the method ofoperation ofa unit. (or a different consecutive two-year period within ten years afterthe 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 ordecreasing 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 underTitle IVofthe 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 ofoperation at an electric utility steam generating unit, that portion ofthe 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 atthe unitthat is unrelated to the particular change, including any increased utilization due to the rate ofelectricity demand growth forthe utility system as a whole. II.A.41. Secondary Emissions Emissions that occur as a result ofthe construction oroperation ofa majorstationary source or major modification, but do not come from the major stationary source or major modification itself. Forthe purpose ofthis PartD, secondaryemissions mustbe specific, well defined, quantifiable, andimpact the same generalarea as the stationarysource ormodification that causes the secondaryemissions. Secondary emissions include emissions from any offsite supportfacility thatwould not otherwise be constructed or increase its emissions except as a result ofthe construction or operation ofthe 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 ofa motorvehicle, from a train, orfrom a vessel. II.A.42. Significant



### 5 CCR 1001-5 II.A.42.a. Unless the context otherwise requires, a significant rate ofemissions in tons peryear is defined as a value thatwould equal or exceed any ofthe following: Carbon monoxide: 100 tons peryear Nitrogen Oxides: 40 (nitric oxide+ nitrogen dioxide)tons peryear Sulfur dioxide: 40 tons peryear Particulate matter: 25 tons peryear particulate matter emissions or, 15 tons peryear of PM10 emissions



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PM10- Precursors in the Denver Metropolitan PM10 attainmenUmaintenance area: 40 tons peryearfor each individual precursor (nitrogen oxides or sulfur oxides) PM2.5: 10 tons per year ofdirect PM2.5 emissions; 40tons per year ofsulfur dioxide emissions; or40 tons per year of nitrogen dioxide emissions Ozone: 40 tons per year ofvolatile organic compounds or nitrogen oxides Lead: 0.6 tons peryear Fluorides: 3 tons per year Sulfuric acid mist: 7 tons peryear Hydrogen sulfide: 10 tons per year Total reduced sulfur (including hydrogen sulfide): 10tons peryear 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 peryear (3.5 x 10-6 tons per year) Municipal Waste Combustor Metals (measured as particulate matter): 14 megagrams peryear (15 tons per year) Municipal Waste CombustorAcid Gases (measured as sulfurdioxide and hydrogen chloride): 36 megagrams peryear (40 tons peryear) Municipal Solid Waste Landfill Gases (measured as non-methane organic compounds): 45 megagrams peryear (50 tons peryear) II.A.42.b. Significa11t means, in reference to a net emissions increase orthe potential ofa 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 ofthe Federal Act. II.A.42.c. Notwithstanding the significant emission rates above, significant means any emissions rate orany net emissions increase associated with a major stationary source or major modification, thatwould constructwithin ten kilometers ofa Class I area, and have an impact on such area equal to or greaterthan one microgram/cubic meter ((g/m3 ) (twenty-four hour average). II.A.43. SignificantEmissions lncreQse For

### a regulatedNSRpollutant, an increase in emissions thatis significant(as definedin Section I/.A.42. ofthis ParlD) forthatpollutant. II.A.44. SignificantEmissions Unit An emission" unit thatemits orhas the potential to emit

### a PAL pollutantin an amountthatis equal to orgreaterthan the significantlevel (as definedin Section II.A.42. ofthis PartDorin



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

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the FederalAct, whichever

### is lower) forthat PAL pollutant, but

### less than the amountthat wouldqualifythe unit

### as a majoremissions unit

### (as definedin Section II.A.21. ofthis part). II.A.45. Small Emissions Unit An emissions unitthatemits or

### has the potential to emitthe PAL pollutantin an amount

### less than the significantlevel forthat PAL pollutant

### (as definedin Section I/.A.32. ofthis PartD or in the FederalAct, whichever

### is lower). II.A.46. Temporary Clean Coal Technology Demonstration Project A clean coal technology demonstration project that is operated for a period offive years or less, and that complies with the state implementation plan and other requirements necessary to attain and maintain the National AmbientAir Quality Standards during the project and after it is terminated. 

### Ill. Permit Review Procedures Ill.A. Major stationary sources subject to the requirements ofthis Part D must applyfor and obtain a Construction Permit in accordance with the procedures and requirements in Part B oran Operating permit in accordance with the procedures and requirements in Part C. Ill.B. The Division shall complete the processing ofapplications (including any requested public hearing) for sources subject Sections VI. and VII. ofthis Part D within twelve months of receipt ofa complete application. 

### IV. Public Comment Requirements IV.A. When public comment is required, orwhen the Division determines that an application warrants public comment in accordance with Section III.C.3. of Part B ofthis regulation, the Division shall, within fifteen calendar days after the preparation ofthe preliminary analysis, cause public notice ofthe application to be published in a newspaper ofgeneral distribution in the area in which the proposed project oractivity is orwill 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 ofthe 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, orwill be, located. The Division shall send written or electronic notice to persons requesting a notice ofpermit applications for the type ofsource or geographic area. IV.A.1. For sources subject to the provisions ofSections V. and VI. ofthis part, a copy ofall the materials the applicant submitted, and a copy or summary ofother materials, if any, considered in making the preliminary analysis shall be filed with the county clerk for each county in which the source is orwill be located. In addition, for sources subject to the provisions ofSections V. and VI., a copy ofthe written or electronic notice of public comment shall be sentto the applicant, the U.S. EPAAdministrator, 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 ofthis 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 ifproposed bythe applicant and that a hearing by the Commission will be held on such system ifrequested by any interested person; IV.A.2.b. That comments are solicited on the air quality impacts ofthe 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. ofthe Commission's procedural rules to receive comments regarding the foregoing concerns, the sufficiency ofthe preliminary analysis, and whetherthe Division should approve or denythe 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 ofthe preliminary analysis for those applications subject to the requirements ofthis Part D, the Division shall forward to the applicantwritten notice ofthe applicant's right to a public comment hearing with respect to the application pursuant to Section 1.7.0. ofthe Commission's procedural rules. IV.A.4. A hearing request pursuant to Section IV.A.2.a. ofthis Part D, regarding innovative control, must be transmitted bythe Division to the Commission within twenty days after its receipt. IV.A.S. A hearing request pursuant to Section IV.A.2.d. ofthis Part D must be transmitted by the Division to the Commission, along with the complete permit application, the preliminary analysis, the draft permit, and anywritten comments received bythe Division within five days afterthe end ofthe thirty-day comment period. At leastthirty days priorto the date setforthe 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 ofthe request for such hearing pursuant to Section IV.A.2. ofthis 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 ofnotice and the permit application required pursuant to Section XIII.A. ofthis Part D. The Division shall appear atthe public comment hearing in orderto present the permit application. At leastthirty days priorto such hearing, notice thereofshall 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 newspaperofgeneral distribution in the area ofthe proposed source or modification, and submitted for public review with the county clerk for each county in which the source or modification is orwill 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.



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IV.A.7. Within fifteen days after the Division makes a final decision on an application subject to the requirements ofthis 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 NonattainmentAreas 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 ofthis 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 majorstationary sources owned, operated, or controlled by the applicant (or any entity controlling, controlled by, or underthe common control with the applicant) in Colorado are in compliance with the requirements ofthe State implementation plan and the federally approved state implementation plan, orare subject to and in compliance with an enforceable compliance schedule, or afederally enforceable compliance schedule. V.A.3. Prior to the date ofcommencement ofoperations, the ratio oftotal 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 subjectto subpart 2, part D, title I ofthe Federal Act, the offset ratio oftotal actual emission reductions ofVOC to the emissions increase ofVOC 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 subjectto subpart 2, part D, title 1 ofthe Federal Act, and that are not designated as serious, severe or extreme and are subject to subpart 1, part D, title 1 ofthe Federal Act- at least 1.15:1.



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### 34 CR 21 and 22, 11-11 Page 139 V.A.3.a.(iii) For ozone nonattainment areas that are subject to subpart 1, part D, title I ofthe Federal Act, including 8-hourozone nonattainment areas subject to 40 CFR, Part 51, Section 51.902(b), the ratio oftotal actual emissions reductions ofVOC 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 underthe same ownership)within the nonattainment area for each pollutant, or its precursors, forwhich the area is nonattainment.Offsets must represent reasonable further progresstowards attainment ofthe National AmbientAir Quality Standards when considered 

### hi connection with other new and existing sources ofemissions. 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 ofthis Section V.A.3. may also be obtained from existing sources outside the nonattainment area ifthe applicant demonstrates: V.A.3.b.(i) A greater air quality benefit maythus be achieved, orsufficient 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 ofthe National AmbientAir Quality Standard in the nonattainment 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 ofthe required offsets to newemissions the greaterthe distance such offsets are from the newor modified source. V.A.3.c. Offsets must be forthe 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 ofalternative sites, sizes, production processes and environmental control techniques for such proposed source that demonstrates that benefits ofthe proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. V.A.S. Offsets forwhich emission reduction credit is taken must be enforceable through permit conditions orsource specific state implementation plan revisions. V.A.6. The applicant will demonstrate that emissions from the proposed source will not adversely impactvisibility in a Class I area. This demonstration shall be reviewed by the Federal Land Managerand any determination made by the Federal Land Managershall be considered in the Division's decision to grant the permit. Ifan 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. ofthis Part D. The demonstration will be



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

### Page 140 performed using eithertechniques described in the latestversion ofthe U.S. EPA document entitled "Workbookfor Estimating Visibility Impairment" orothertechniques approved bythe Division. V.A.7. Applicability ofCertain NonattainmentArea Requirements



### 5 CCR 1001-5 V.A.7.a. Any major stationary source in a nonattainment area is subject to the requirements ofSection V.A. ofthis Part D. V.A.7.b. The requirements ofSection V.A. shall apply at such time that any stationary source or modification becomes a major stationary source or major modification solely byvirtue ofa relaxation in any enforceable limitation that was established afterAugust 7, 1980 on the capacity ofthe source or modification to otherwise emit a pollutant, such as a restriction on hours of operation. V.A. l.c. The following provisions applyto projects atexisting emissions units at

### a majorstationarysource (otherthan projects at

### a source with 

### a PAL) in circumstances where there is 

### a project thatis not

### a partof

### a major modification andthe owneroroperatorelects to use the methodspecifiedin Sections II.A.36.b.(i) through I/.A.36.b.(iii) ofthis Part D forcalculating projectedactualemissions. V.A.l.c.(i) Before beginning actualconstruction ofthe project, the owneror operatorshalldocumentandmaintain 

### a record ofthe following information: V.A. 7.c.(i)(A) A description ofthe project; V.A.l.c.(i)(B) Identification ofthe emissions unit(s) whose emissions of

### a regulated NSRpollutantcouldbe affectedbythe project; and V.A. l.c.(i)(C) A description ofthe applicability test used to determine that the projectis not

### a majormodification foranyregulated NSRpollutant, including the baseline actual emissions, the projectedactualemissions, the amountofemissions excluded underSection II.A.36.b.(iii) ofthis part andan explanation for whysuch amount was excluded, andanynetting calculations, ifapplicable. V.A. 7.c.(ii) Ifthe emissions unitis an existing electric utilitysteam generating unit, before beginning actualconstruction, the owneroroperator shallprovide

### a copyofthe information setoutin Section V.A. 7.c. (i) to the Division. Nothing in this Section V.A. 7.c.(ii) shall be construed to require the owneroroperatorofsuch 

### a unit to obtain any determination from the Division before beginning actualconstruction.



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V.A. 7.c. (iii) The owneroroperatorshallmonitorthe emissions ofany regulatedNSRpollutantthatcouldincrease as

### a resultofthe project andthatis emittedbyanyemissions units identifiedin Section V.A. 7.c. (i)(B); andcalculate andmaintain 

### a recordofthe annual 

### emissions, in tonsperyearon 

### a calendaryearbasis, for

### a periodof five years following resumption ofregularoperations afterthe change, orfor

### a periodoften years following resumption ofregular operations afterthe change ifthe projectincreases the design capacityorpotential to emitofthatregulatedNSRpollutantatsuch emissions unit. V.A. 7.c. (iv) Ifthe unit

### is an existing electric utilitysteam generating unit, the owneroroperatorshallsubmit

### a report to the Division within sixty days afterthe endofeachyeardurifJg which records mustbe generatedunderSection V.A.

### 7.c. (iii) setting outthe unit's annual emissions during the calendaryearthatprecededsubmission ofthe report. V.A.

### 7.c. (v) Ifthe unit

### is an existing unitotherthan an electric utilitysteam generating unit, the owneroroperatorshallsubmit

### a report to the Division ifthe annual

### emissions, in tonsperyear, from the project identifiedin Section V.A.7.c.(i), exceedthe baseline actualemissions 

### (as documentedandmaintainedpursuantto Section V.A.7.c.(i)(C)) by

### a significantamount

### (as definedin Section II.A.42. ofthispart) for thatregulatedNSRpollutant, andifsuch emissions differfrom the preconstructionprojection 

### as documentedandmaintainedpursuant to Section V.A.7.c.(i)(C). Such reportshallbe submittedto the Division within sixtydays afterthe endofsuch year. The reportshall contain the following: V.A. 7.c.(v)(A) The name, address andtelephone numberofowneror operatorofthe majorstationarysource; V.A.7.c.(v)(B) The annualemissions as calculatedpursuantto Section V.A. 7.c.(iii); and V.A. 7.c.(v)(C) Anyotherinformation that the owneroroperatorwishes to include in the report (e.g., an explanation 

### as to why the emissions differfrom the preconstructionprojection). V.A. 7.d. The owneroroperatorofthe source shallmake the information required to be documentedandmaintainedpursuant to Section V.A. 7.c. available for review upon requestforinspection bythe Division orthe generalpublic. V.A.B. Exemptions from certain nonattainment area requirements: V.A.B.a. The following are exemptfrom the major stationary source criteria ofSection V.A.3. ofthis 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 ofthe Division, exceed a period ofone 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 byfederal order ifthe Division determines that: V.A.8.a.i(E)(1) The applicant has used best efforts in seeking the required emission offsets butwas unsuccessful; V.A.8.a.i(E)(2) All available emission offsets were obtained; and, V.A.8.a.i(E)(3) The applicantwill continue to seek emission offsets as they become available. 

### VI. Requirements applicable to attainmentand unclassifiable areas and pollutants implemented under Section 110 ofthe Federal Act (Prevention ofSignificant Deterioration Program). VI.A. Major Stationary Sources and Major Modifications. The requirements ofthis Section VI. shall apply to any major stationary source and any major modification with respect to each pollutant regulated undertheAct and the Federal Actthat it would emit, except as this Regulation Number3 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) ofthe Federal Act as attainment or unclassifiable for any criteria pollutant as ofthe date ofsubmittal ofa complete application underthis Regulation Number 3, orfor pollutants implemented under Section 110 ofthe 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 ofthis regulation, have been orwill be met: VI.A.1. Control Technology Review.



### 5 CCR 1001-5 VI.A.1.a. A new major stationary source shall apply BestAvailable Control Technologyfor each pollutant regulated underthe 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 technologyfor each pollutant regulated underthe Act or Federal Actforwhich there would be a significant netemissions increase at the source. This requirement applies to each proposed emissions unit atwhich a net emissions increase in the pollutant would occur as a result ofa physical change or change in the method ofoperation ofthe 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 afterthe initial granting ofthe permit atthe latestreasonable time which occurs no laterthan eighteen monthspriorto commencementofconstruction ofeach independentphase ofthe project. The reviewwill be conducted in a timely mannerthat will allow the owner or operatorto proceed with scheduled construction ofthe source. During the review, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest available control technology for the source. VI.A.2. Source ImpactAnalysis. The owner oroperator ofthe 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 ofair pollutants in the ambient air in violation ofeither 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 overthe baseline concentration in any area. VI.A.2.c. Forthe purposes of PM2.5, this demonstration is deemed to have been made ifthe emission increase from the newstationary source alone orfrom the modification alone would cause, in all areas, airquality 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 ofambient airquality 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, orfor which there would be a significant net emissions increase. VI.A.3.b. With respect to any such regulated pollutantforwhich no national ambient airquality standard exists and forwhich there is an acceptable method for the monitoring ofthat pollutant, the analysis shall contain such airquality monitoring data as the Division determines are necessary to assess ambient airquality forthat pollutant in any area that emissions ofthat pollutant would affect. VI.A.3.c. With respect to any such pollutantforwhich a national ambient airquality standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions of that pollutantwould cause or contribute to a violation ofthe applicable standard or any maximum allowable increase.



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VI.A.3.d. In general, the continuous airquality monitoring data that are required under Section VI.A.3.c., or the pre-application monitoring ofair quality related values required by Section XIII.B. ofthis part, shall have been gathered over a period ofone year and shall represent the year preceding receipt ofthe application, except that, ifthe Division determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorterthan one year (but not to be less than four months), the data that are required shall have been gathered over at leastthat shorter period. V/.A.3.e. The owner or operator ofa proposed major stationary source or major modification ofvolatile organic compounds who satisfies all conditions ofthe 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. ofAppendix 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 oroperator ofa 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 ifsuch monitoring is necessaryto determine the effect emissions from the stationary source or modification have, or may have, on air quality in any area. The monitoring ofair quality related values orsensitive receptors required by Section XIII.B. ofthis 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 orsensitive receptors. Post-construction monitoring requirements will be permit conditions. VI.A.5. Operation ofMonitoring Stations. The owner oroperator ofa major stationary source or major modification shall use the U.S. EPA accepted procedures for ambient monitoring as approved bythe Division during the operation of monitoring stations for purposes ofsatisfying the requirements ofSections VI.A.3. and VI.A.4., above. VI.A.6. Additional ImpactAnalysis. For each pollutant that is regulated underthe Act orthe Federal Act, and forwhich the source or modification would emit in significant amounts (as definedin Section II.A.42. ofthis part) orforwhich there would be a significant net emissions increase, the owner or operator shall provide an analysis of the impairmentto visibility, water, soils, and vegetation thatwould occuras a result of the emissions ofsuch pollutant from the source or modification and general commercial, residential, industrial, and othergrowth associated with the source or modification. The analysis of impairment to waterwill not be used in the determination of best available control technology. The owner oroperator need not provide an analysis ofthe impact on vegetation having no significant commercial or recreational value. The additional impact analysiswill include the effects on air quality related values as stated in Section XIII.B. ofthis part, ifapplicable. The owner oroperator shall provide an analysis ofthe air quality impact projected for the area as a result ofgeneral commercial, residential, industrial and other growth associated with the source 

## u modification.



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VI.B. Applicability ofCertain PSD Requirements. VI.B.1. The requirements ofSection VI

### .A do not apply to a major stationary source or major modification with respect to a particular pollutant ifthe owner oroperator demonstratesthat, as to that pollutant: VI.B.1.a. The source or modification is subject to Part 3 ofthe Act and Section V. of this part, and the source or modification would not impact any area designated as attainment or unclassifiable forthat 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 ofthis part if: VI.B.1.c.(i) The source proposes to relocate and emissions ofthe 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 ofoperation atthe 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 ofthe proposed relocation unless a differenttime duration is previously approved bythe Division. VI.B.2. The requirements contained in Sections VI.A.2. through VI.A.4. ofthis part do not apply: VI.B.2.a. To a proposed major stationary source or major modification with respect to a particular pollutant, ifthe emissions would be from a temporary source, modification oractivity, such as construction orexploration, 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 increasefor a Class II area, to a modification ofa major stationary source thatwas in existence on March 1, 1978, ifthe net increase in allowable emissions ofeach pollutant subject to regulation, excluding GHG, underthe Act from the modification afterthe application ofbest available control technology would be less than fifty tons per year. VI.B.3. The Division may exempt a proposed majorstationary source or major modification from the requirements ofSections VI.A.3. through VI

### .AS. ofthis part, with respect to monitoring for a particular pollutant if:



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VI.B.3.a. The emissions ofthe pollutant from the new stationary source or the net emissions increase ofthe 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-houraverage; VI.B.3.a.(viii) Hydrogen sulfide- 0.2 1Jg/m3

, 1-houraverage; VI.B.3.a.(ix) Reduced sulfur compounds- 10 1Jg/m3

, 1-hour average; or VI.B.3.b. The existing concentrations ofthe pollutant in the area thatthe 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 ofvolatile organic compounds or nitrogen oxides from the source or modification would be less than 100 tons peryear; 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 subjectto Section VI., with respect to PM2.5, as in effect before July 15, 2008, and the owner oroperator submitted an application for a permit underthis Section VIA of Part D before that date consistentwith EPA recommendations to use PM10 as a surrogate for PM2.5, and the Division subsequently determines thatthe 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 ofSection VIA ofthis Part D, as interpreted in the aforementioned memorandum, thatwere in effect before July 15, 2008 shall apply to such source or modification. VI.B.4. The requirements ofthis Part D shall apply at such time that any stationary source or modification becomes a major stationary source or major modification solely byvirtue ofa relaxation in any enforceable limitation thatwas established afterAugust 7, 1980, on the capacity ofthe source or modification to otherwise emit a pollutant such as a restriction on hours ofoperation.



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VI.B.S. The followingprovisions applyto projects atexisting emissions units at

### a major stationarysource (otherthan projects at

### a source with 

### a PAL) in circumstances where there is

### a projectthatis not

### a partof

### a majormodification andthe owneror operatorelects to use the methodspecifiedin Sections /I.A. 36.b. (i) through II.A.36.b.(iii) ofthis PartD forcalculatingprojectedactualemissions. VI.B.5.

### a. Before beginning actualconstruction ofthe project, the owneroroperator shalldocumentandmaintain 

### a recordofthe following information: VI.B.5.a.(i) A description ofthe project; VI.B.5.a.(ii) Identification ofthe emissions unit(s) whose emissions of

### a regulatedNSRpollutantcouldbe affectedby the project; and VI.B.5.

### a. (iii) A description ofthe applicabilitytest used to determine that the projectis not

### a majormodification foranyregulatedNSRpollutant, including the baseline actualemissions, the projectedactual emissions, the amountofemissions excluded underSection /I.A. 36.b. (iii) ofthispart, andan explanation for whysuch amount was excluded, andanynetting calculations, ifapplicable. VI.B.5.b. Ifthe emissions unitis an existing electric utilitysteam-generating unit, before beginning actualconstruction, the owneroroperatorshallprovide

### a copyofthe information setoutin Section VI.B.5.a. to the Division. Nothing in this Section VI.B.5.b. shallbe construed to require the owneroroperatorof such 

### a unit to obtain anydetermination from the Division before beginning actualconstruction. VI.B.5.c. The owneroroperatorshallmonitorthe emissions ofanyregulatedNSR pollutantthatcouldincrease as

### a resultofthe projectandthatis emittedby anyemissions unitidentifiedin Section VI.B.5.a.(ii); andcalculate and maintain 

### a recordofthe annualemissions, in tonsperyearon 

### a calendar yearbasis, for

### a periodoffive years following resumption ofregular operations afterthe change, orfor

### a periodoften years following resumption ofregularoperations afterthe change ifthe projectincreases the design capacityorpotential to emitofthatregulatedNSRpollutantatsuch emissions unit. VI.B.5.d. Ifthe unitis an existing electric utilitysteam generating unit, the owneror operatorshallsubmit

### a report to the Division within sixtydays afterthe endof each yearduring which records mustbe generatedunderSection VI.B.5.c. setting outthe unit's annualemissions during the calendaryearthat precededsubmission ofthe report. VI.B.5.e. Ifthe unitis an existing unitotherthan an electric utilitysteam-generating unit, the owneroroperatorshallsubmit

### a report to the Division ifthe annual emissions, in tonsperyear, from the projectidentifiedin Section VI.B.5.a. exceedthe baseline actualemissions (as documentedandmaintained pursuantto Section VI.B.5.a.(iii)) by

### a significantamount(as definedin Section I/.A.42. ofthis part) forthatregulatedNSRpollutant, andifsuch emissions differfrom the preconstruction projection as documentedand maintainedpursuantto Section VI.B.5.a.(iii). Such reportshallbe submitted to the Division within sixtydays afterthe endofsuchyear. The reportshall contain the following:



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VI.B. 5.e. (i) The name, address andtelephone numberofthe majorstationary source; VI.B.5.e.(ii) The annual emissionsas calculatedpursuant to Section VI.B.5.c.; and VI.B.

### 5.e. 

### (iii) Anyotherinformation that the owneroroperatorwishes to include in the report (e.g., an explanation as to why the emissions differfrom the preconstruction projection). VI.B.6. The owneroroperatorofthe source shallmake the information required to be documentedandmaintainedpursuant to Section VI.B.5. available forreview upon requestforinspection bythe Division orthe generalpublic. 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 ofthe permit application, in meeting the requirements of Section VI.A.2. ofthis part, ifthe following requirements are met: VI.B.7.a. The owner or operator ofthe source or modification submitted an application for a permit under Regulation Number3 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 ofthe U. S. EPA a copy ofeach permit application relating to a major stationary source or major modification subject to this regulation, and provide notice ofevery action related to the consideration ofsuch 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 107(d) ofthe Federal Act as attainment or unclassifiable for a particular pollutant and the emissions ofsuch pollutantfrom 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 ofthefollowing conditions, aswell as those in Section III.D.1. of Part Band Section VI .A. ofthis Part D will be met:



### 5 CCR 1001-5 VI.D.1.a. The proposed source or modification will meet the requirements ofSections

· V.A.1. and V.A.2. ofthis part, and obtain sufficient emission reductions of

such pollutant in the nonattainment area to offset that portion ofits emissions ofsuch pollutantthat affect the nonattainment area. Offsets may be obtained from outside the nonattainment area as provided in Section V.A.3. ofthis part; or VI.D.1.b. The proposed source or modification will achieve an emissions rate thatwill ensure that the emissions ofsuch pollutant from the source or modification will not significantly affect ambient air quality in the nonattainment area.



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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 setforth 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 stationarysource or major modification subject to this section that will emit orcause a net emissions increase in volatile organic compounds or oxides of nitrogen shall demonstrate to the satisfaction ofthe Division that its emissions will not affect any ozone nonattainment area orshall 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 airquality modeling, a positive net air quality benefit in the portion ofthe 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 othervolatile 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 forvolatile organic compounds and the resulting decrease in volatile organic compound emissions, ifotherwise 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 ofthe Gunnison VIII.A.2.b. Eagle's Nest VIII.A.2.c. Flattops



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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. MountZirkel 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, orthe 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 overthe baseline concentration shall be the same as the increase established by Section 163(b) ofthe Federal Actfor Class I areas, exceptthat such allowable increases may not be allowed ifa Federal Land Manager should make an adverse impact determination under Section XIII.C. with which the Division concurs and exceptthat such allowable increases, may be exceeded by compliance with the provisions ofSections XIII.D., XIII.E., orXIII.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 ofLand Management in the Gunnison Gorge Recreation Area as ofOctober 27, 1977. All areas designated Class II under this section may be redesignated as provided in Section IX. ofthis part. VIII.B.4.National Parks Black Canyon ofthe 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 afterAugust 7, 1977, that exceeds ten thousand acres in size. VIII.D. The Commission recognizes out ofstate Class I areas that have been listed in the Federal Register (44 Fed. Reg. 69124). Emissions from sources in Colorado shall notviolate any standard in these areas. IX. Redesignation IX.A. Except as otherwise provided in this section or Section VIII. ofthis 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 ofthe area proposed for redesignation; IX.C.2. A detailed statement ofthe circumstances that support the proposed redesignation; IX.C.3. A prediction ofthe costs and benefits for the affected population from the proposed redesignation; IX.C.4. A technical analysis ofexpected impacts on ambient airquality in adjacent or nearby areas; IX.C.S. Comments, orevidence ofan opportunityfor submission ofcomments, by all appropriate regional planning agencies and councils ofgovernment organizations, affected municipalities and other affected political subdivisions; and IX.C.6. An analysis ofthe relationship ofthe proposed redesignation with applicable county or regional development plans, including but not limited to, comprehensive area wide plans and 208 waterquality 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, ofany 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 oras near as is practicable to the area to be redesignated. At least thirty days prior to anysuch 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 ofthe health, environmental, economic, and societal and energy effects ofthe proposed redesignation. The notice announcing any public hearings shall contain appropriate notification ofthe availability ofsuch discussion. IX.E. Priorto the issuance ofnotice respecting the proposed redesignation ofan area that includes anyfederal lands, the Commission shall provide written notice to the appropriate Federal Land Manager and afford adequate opportunity (not in excess ofsixty days) to conferwith the Commission respecting the notice of proposed redesignation and to submitwritten 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



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### CCR 1001-5

### Page 152

written comments and recommendations, the Commission shall publish a list ofany inconsistency between such redesignation and such comments and recommendations and an explanation ofsuch inconsistency (togetherwith the reasons for making such redesignation against the recommendation ofthe 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 ofthe legislature, if it is in session, or with the leadership ofthe legislature, if it is not in session, and (2) by resolutions orordinances enacted by the general purpose units of local government representing a majority ofthe residents ofthe area to be redesignated. IX.G. No area may be redesignated ifsuch redesignation would cause or contribute to concentrations ofany air pollutant in any other area that exceed any maximum allowable increase or maximum allowable concentration permitted underthe classification ofsuch area. IX.H. Lands within the exterior boundaries of reservations offederally 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 ofthe U.S. EPA. IX.J. Any redesignation or denial ofa proper request for redesignation made pursuantto this Section IX. shall be subject to judicial review in accord with Colorado Revised Statute Section 25-7-120. IX.K. Any area otherthan an area to which Sections VIII.A. orVIII.C. refer to may be redesignated as Class Ill ifany majorstationary 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, insofaras was practicable, for public inspection priorto any public hearing on redesignation ofany area as Class Ill. X. AirQuality Limitations X.A. AmbientAir Increments X.A.1. The maximum allowable increases overthe baseline concentration for sulfur dioxide, PM10, PM2.5 or nitrogen dioxide except as provided in Section VIII.B. ofthis 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/m 3) 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/m 3) Annual arithmetic mean 2.5



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X.A.1.b. Forany Class II area: PM2.5 Annual arithmetic mean Twen -four hour maximum PM10

Annual arithmetic mean Twen -four hour maximum

### Sulfurdioxide

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

### Sulfurdioxide

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 ther air X.A.2. The maximum allowable increases overthe baseline concentration for any o pollutant shall be the same as those increases established pursuant to Section 165(a) ofthe Federal Act. X.A.3. For any period otherthan an annual period, the applicable maximum allowa increase may be exceeded during one such period peryear at any one locable tion. X.A.4. Periodic Review uality. X.A.4.a. The Division shall, on a periodic basis, review the adequacy ofthis Regulation Number 3 for preventing significant deterioration ofair 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 beliefto the Commission. rement is ment X.A.4.b. Ifthe 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 ases of n by first emitting the pollutant in violation and affecting the area ofviolation. X.A.4.c. Should the Commission determine that an incrementviolation exists, the Division shall review all sources affecting the area of incrementviolation and



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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 ofan applicable increment. X.A.S.a.(i) Applicants may request a hearing before the Commission to request a waiver ofthis restriction. The hearing shall be heard in accordance with the provisions ofColorado 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 ofcomments, or evidence of an opportunityfor submittal ofcomments by all appropriate regional planning agencies and councils ofgovernment organizations, affected municipalities and other affected political subdivisions has occurred. X.A.5.a.(i)(B) AmbientAir Limits. No concentrations ofa 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) ofthe federal "Energy Supply and Environmental Coordination Act of 1974" (or any superseding legislation) over the emissions from such sources before the effective date ofsuch an order, but not more than five years after the effective date ofsuch an order. XI.A.2. Concentrations attributable to the increase in emissions from sources that have converted from using natural gas by reason ofa natural gas curtailment plan in effect pursuantto the Federal "PowerAct" overthe emissions from such sources before the effective date ofsuch plan, but not more than five years afterthe effective date ofthe plan. XI.A.3. Concentrations of particulate matter attributable to an increase in emissions from construction or othertemporary emission-related activities of new or modified sources.



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XI.A.4. Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, or particulate matter, or nitrogen oxides from stationary sources that are affected by revisions ofthe Colorado State Implementation Plan that are approved by the Administrator ofthe U.S. EPA and that provide: XI.A.4.a. The time period ofsuch 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 oran area where an applicable increment is known to be violated orcause or contribute to the violation ofa national ambient air quality standard; and XIA4.c. Emission limitations shall be in effect at the end ofthe 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 bythe U.S. EPA. 

### XII. Innovative Control Technology XIIA An owner oroperator ofa proposed major stationary source or major modification otherwise subject to the requirements ofSection VI. ofthis Part D may request the Division to grant a waiverfrom the Best Available Control Technology requirements and to approve a system of innovative control technology, in order to encourage the use ofsuch technology. XII.B. The Division or the Commission may, with the consent ofthe governor(s) ofother affected states, grant a waiverfrom the BestAvailable Control Technology requirements ofSection VI.A.1. ofthis 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 orcontribute to an unreasonable risk to public health, welfare, orsafety in its operation orfunction; XII.B.2. The owner oroperatoragrees to achieve a level ofcontinuous emissions reduction greaterthan orequivalent to that, which would have been required under Section VI.A.1. by a date specified by the Division. Such date shall not be laterthan four years from the time ofstartup orseven years from permit issuance; XII.B.3. The source or modification would meetthe requirements of Sections VIA1. and VI.A.2. based on the emissions rate that the stationary source employing the system ofinnovative 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 anyviolation ofan 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 ofSection VIII. ofthis part (relating to Class I areas) have been satisfied with respect to all periods during the life ofthe source or modification. XII.C. The Division shall withdraw any approval to employ a system of innovative control technology made underthis section, if: XII.C.1. The proposed system fails by the specified dateto 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, orsafety; 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 protectthe public health, welfare, or safety. XII.D. Ifa source or modification fails to meetthe required level ofcontinuous emissions reduction within the specified time period, or ifthe 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 ofa demonstrated system ofcontrol. 

### XIII. Federal Class IAreas XIII.A. Within twenty days of receipt ofa permit application for a new major stationarysource or major modification that may affectvisibility orair quality related values in any Federal Class I area, the Division shall transmit a copy ofthe application to all affected Federal Land Managers and consultwith them as to its completeness in its analysis and monitoring (if required) ofair quality related values. Ifthe Division receives advance notification ofa permit application ofa source that may affectvisibility orairquality related values, itwill notify all affected Federal Land Managerswithin thirty days ofsuch notification. The Division will consider any analysis performed by a Federal Land Managerthat indicates there will be an adverse impact on visibility or airquality related values ifsuch analysis is received within thirty days afterthe Federal Land Manager receives a copy ofthe complete application. Ifthe Division disagrees with the Federal Land Manager, any noti.ces for public comment or ofa public hearing on the application will explain the disagreement orstate where the explanation can be obtained. XIII.B. In addition to the general impact analysis required by Section VI.A.6. ofthis part, any source thatwill have or is likelyto have an impact on any designated Class I area may be required to conduct monitoring to establish the condition ofand the impact on air quality related values in such Class I area(s) both priorto completing an application for a permitto 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 ajoint monitoring program with that source or agency. All monitoring programs must be approved in advance bythe Division.



### CODE OF COLORADO REGULATIONS© 2011 State ofCo1orado All Rights Reserved 

### 34 CR 21 and22, 11-11 Page 156.1 XIII.8.2.Pre-application monitoring may include the monitoring of not more than three air quality related values orsensitive receptors ofair quality related values specified by the Division after consultation with the Federal Land Manager. The airquality related values orsensitive receptor(s) selected must be important to the affected Class I area, and there must be cause to believe that monitoring ofthe air quality related values orsensitive 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 ortechnological advantage of monitoring a different sensitive receptor, and it is acceptable to the source owneror operator. XIII.8.4.Monitoring ofair quality related values or sensitive receptors ofair 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 orsensitive receptor would reasonably be predicted to be a result ofthe applicant's individual emissions orofthe applicant's emissions in combination with any person's emissions with whom the applicant may be required to conductjoint monitoring; and Xlll.8.4.c. It is economically reasonable forthe source to conduct such monitoring. XIII.C. Sources Impacting Federal Class IArea- Additional Requirements. Federal Land Managers may present to the Division, after its preliminary analysis required under Section 111.8. of Part 8 ofthis 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) ofanyfederal 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 thatwould exceed the maximum allowable increases for a Class I area. Ifthe Division concurs with such demonstration, or in the eventthe Federal Land Managerfails to perform an adverse impact analysis and the Division determines that there is an adverse impact on visibility, orthe Division determines that a demonstration of no adverse impact is in error, the Division shall not issuethe permit.



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### Page 156.2

XIII.D. Class I Variances. The owner oroperator ofa proposed major stationary source or major modification may demonstrate to the satisfaction ofthe Federal Land Managerthatthe emissions from such source or modification would not have an adverse impact on the air quality related values (including visibility) ofClass I lands underthe 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 thatwould exceed the maximum allowable increases for a Class I area. Ifthe 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 permitwith such emission limitations as may be necessary to assure that emissions ofsulfur dioxide, and PM 10, PM2.5 and nitrogen oxides would not exceed the following maximum allowable increases overthe 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" Sulfurdioxide 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 XIII.E. Sulfur Dioxide Variance by Governor XIII.E.1.The owner oroperator ofa proposed major stationary squrce or major modification that cannot be approved under Section XIII.D., above, may demonstrate to the governorthatthe source or modification cannot be constructed by reason ofany maximum allowable increase for sulfur dioxidefor periods oftwenty-four hours or less, applicable to any Class I area and, in the case ofthe federal mandatory Class I areas, that a variance underthis section would not have an adverse affect on the air quality related values ofthe area (including visibility). XIII.E.2.The governor, after consideration ofthe 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.



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS© 2011 State ofColorado All Rights Reserved XV.N.3. Re-validation results 

### 34 CR 21 and 22, 11-11 Page 173

The owneroroperatorshallsubmit to the Division the results ofanyrevalidation testor method within three months aftercompletion ofsuch test ormethod. XV.O. Ifanyprovision ofthis Section, orthe application ofsuch provision to anyperson or circumstance, is heldinvalid, the remainderofthis Section, orthe application ofsuch provision to persons orcircumstances otherthan those 

### as to which it

### is heldinvalid, shallnot be affectedthereby. 

### 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 ofSection VI (Regional Haze Determinations) and VII (MRR) of Regulation 3, Part Fshall be incorporated into Colorado's Regional Haze State Implementation Plan. All otherSections of Regulation 3, Part Fare State-Only. The provisions of Part 51, Appendix Y, Title 40, ofthe Code of Federal Regulations (CFR), promulgated bythe U.S. Environmental Protection Agency listed in this Section are hereby incorporated by reference bythe Air Quality Control Commission and made a part ofthe Colorado Air Quality Control Commission Regulations as modified bythe following Regulation Number3, Part F. Materials incorporated by reference are those in existence as July6, 2005 and do not include later amendments. The material incorporated by reference is available for public inspection during regular business hours atthe Office ofthe Commission, located at4300 Cherry Creek Drive South, Denver, Colorado 80246, or may be examined atanystate publications depository library. Parties wishing to inspectthese materials should contactthe Technical Secretary ofthe Commission, located at the

.Office ofthe Commission.



### I. Applicability The provisions ofthis regulation apply to existing stationary facilities (BARTeligible sources), as defined in Section 

### 11.1. ofthis regulation, as well as to Reasonable Progress (RP) sources. 

### II. Definitions II.A. Adverse impact on visibility Meansvisibility impairmentthat interferes with the management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe Federal Class I area. This determination must be made on a case-by-case basis taking into accountthe geographic extent, intensity, duration, frequency and time ofvisibility impairments, and howthese factors correlate with (1) times ofvisitor use ofthe 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



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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 ora technology that has been used on a pollutant-bearing gas stream that is the same or similarto the gas stream characteristics ofthe source. II.D. Average Cost Effectiveness Means the total annualized costs ofcontrol divided by annual emissions reductions (the difference between baseline annual emissions and the estimate ofemissions after controls). Forthe purposes of calculating average cost effectiveness, baseline annual emissions means a realistic depiction of anticipated annual emissions forthe source. The source orthe Division may use state or federally enforceable permit limits orestimate the anticipated annual emissions based upon actual emissions from a representative baseline period. II.E. BARTAlternative Means an alternative measure to the installation, operation, and maintenance of BARTthatwill 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 subjectto BART requirements. II.F. BART-eligible source Means an existing stationaryfacility 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 ofcontinuous emission reduction for each pollutant that is emitted byan existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs ofcompliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence atthe source or unit, the remaining useful life ofthe source or unit, and the degree of improvement in visibility which may reasonably be anticipated to result from the use ofsuch technology. II.H. Deciview Means a measurement ofvisibility 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 ofconditions, from pristine to highly impaired. The deciview haze index is calculated based on the following equation (for the purposes ofcalculating 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 ofthe following stationary sources ofair pollutants, including any reconstructed source, which was not in operation priorto August 7, 1962, and was in existence on August 7, 1977, and has the potential to emit 250 tons peryear or more ofanyvisibility 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 ofa 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 ofcharging 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 secondaryferrous metal facilities in the category "iron and steel mill plants." 11.1.21. Chemical process plants



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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 greaterthan 250 million BTU/hr, considering federally enforceable operational limits 11.1.22.b. Includes multi-fuel boilers that burn at leastfifty 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 capacityfortanks put in place afterAugust 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 ofthe costs and emissions performance level ofa control option to those of the next moststringent 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 thatthe owner oroperator 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 ofthe facility or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified withoutsubstantial loss to the owner or operator, to undertake a program ofconstruction of the facility to be completed in a reasonable time. II.L. In operation Means engaged in activity related to the primary design function ofthe source. II.M. Integral vista Means a view perceived from within the mandatory Class I Federal area ofa specific landmark or panorama located outside the boundary ofthe mandatory Class I Federal area.



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS© 20ll State ofColorado All Rights Reserved II.N. Natural conditions 

### 34 CR 21 and22, 11-11 Page 177

Means naturally occurring phenomena that reduce visibility as measured in terms oflight 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 indicatorfor 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 ofthe mailing ofsuch 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 ofthe Procedural Rules. Ill.A. Determining Potential to Emit for a BART Source Forthe purposes ofdetermining whetherthe potential to emit ofan existing stationary source is greaterthan 250 tpy the potential emissions ofvisibility impairing pollutants from the existing stationary source shall include the emissions from all BART-eligible unitswhich belong to the same industrial grouping, are located on one or more contiguous oradjacent properties, and are underthe control ofthe same person (or persons under common control). Pollutant-emitting activities shall be considered as part ofthe same industrial grouping ifthey 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 ofsources subject to BART III.B.1. Identification ofsources subject to BART shall be performed in accordance with EPA's guidelines for BART determinations underthe regional haze rule 40 CFR Part 51, Appendix Y. A BART-eligible source described in Section III.A, above, is subject to BART unlessvalid 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 responsiblefor 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 exemptfrom BART ifthe 981h percentile daily change in visibility, as compared against natural background conditions, is less than 0.5



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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 of750 MW or Greater BART-eligible coal fired power plants with a generating capacity of750 MW or GREATER is presumed to be able to meetthe presumptive limits. Regardless of whether or not a unit can meetthe 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 ofsection 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 UnitType 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 atthe source and ajustification forthe BART proposal to the Division byAugust 1, 2006. IV.B.1. The BART analysis must include, at a minimum:



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IV.B.1.a. A list ofthe 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 ofthe technical feasibility ofeach ofthe technologies identified in Section IV.B.1.a. This discussion should include an analysis ofwhether the proposed technology is available and applicable. Ifthe source determines that a technology is not technically feasible the discussion shall include a factual demonstration that the option is not commercially available orthat unusual circumstances preclude its application to the emission unit. IV.B.1.c. A ranking ofall the technically feasible technologies identified in Section IV.B.1.b. The ranking shall take into accountvarious emission performance characteristics ofthe 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 ofpollution control equipment in use at the unit, including upgrading existing equipment iftechnically feasible. IV.B.1.d. An evaluation ofthe impacts ofthe technically feasible BART options. The impact evaluation shall include: IV.B.1.d.(i). An estimate ofthe Average Cost Effectiveness ofeach 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 ofthe source or unit may be taken into account in the cost ofthe 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 includethe energy and non-airquality environmental impacts ofcontrol options. IV.B.1.d.(ii). An analysis ofthe 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 ordertojustify elimination ofa control option. IV.B.1.d.(iii). An evaluation ofthe visibility impacts foreach 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, orother adverse environmental impacts.



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### 5 CCR 1001-5 IV.B.1.d.(v). An evaluation ofthe energy impacts. The energy impact analysis should look atthe energy requirements ofthe 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 orthe use of locally or regionally available coal. IV.B.1.d.(v).(1). The energy impacts analysis may consider whetherthere 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 ofthe 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) ofcoal from sources they reasonably expect to use, to the extent such characteristics tend to result in higher NOx emissions than coals ofthe 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 extentto 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 limitthe analysis for those pollutants covered by the MACTto a discussion ofnew 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 peryear ofS02 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. Thejustification shall be based on the following factors: (1) the technology available; (2) the costs ofcompliance; (3) the energy and non-air environmental impacts ofcompliance; (4) any pollution control equipment in use at the source or unit(s); (5) the remaining useful life ofthe source or unit(s) and; (6) the degree of improvement in visibility which may reasonably be anticipated to result from the use ofsuch 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 ora BART alternative as expeditiously as practicable following EPA approval ofthe 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 ofthe state implementation plan by EPAfor regional haze. IV.B.4.b. A source or unit subject to BART may implement a BART alternative in lieu ofBART ifsuch BART alternative is authorized by the Division. IV.C. BARTAlternative As an alternative to BARTfor a source or sources, the Division may approve a BART Alternative. Ifthe Division approves source grouping as a BARTAlternative, 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. Ifa Source (s) proposes a BARTAlternative, the resultant emissions reduction and visibility impacts must be compared with those that would result from the BART options evaluated forthe source(s). IV.C.2. Source (s) proposing a BART alternative shall include in the BART analysis an analysis and justification ofthe averaging period and method ofevaluating 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 consistentwith established reference methods and include the limit in the facility's permit. IV.E. A source that has installed BARTfor regional haze or implemented a Division approved BART alternative for regional haze is exempted from the imposition of further controls pursuantto regional haze BARTwith respect to those pollutants that are controlled through BART orthe BART alternative for Regional Haze and is exempted from the imposition offurther controls necessaryfor reasonable progress during the first reasonable progress planning period. Sources may be subject to additional controls oremission reductions based on reasonable progress requirements in planning periods beyond the first planning period underthe regional haze State Implementation Plan.



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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. Iftwo 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 meetthe BART alternative emission limits. IV.F.3. Any source seeking to modify the BART determination forthat facility must submita new BART analysis for review by the Division. V. Challenge of Division BART Determinations and Enforceable Agreements. V.A. Persons affected oraggrieved by a BART determination may challenge the decision ofthe Commission pursuant to Article 4 ofTitle 24, C.R.S. VI. Regional Haze Determinations VI.A. BART Determinations VI. A.1. The provisions ofthis 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 notemit or cause to be emitted nitrogen oxides (NOx), sulfur dioxide (S02), or particulate in excess ofthe following limits: 

### BART Determinations for Colorado Sources Unit NOx Emission Limit 502Emission 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 7CEMEXLyons 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 ofdryfeed 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 10% opacity_ VI.A.3. Each source listed in the above tables must complywith the above limits and averaging times as expeditiously as practicable, but in no event laterthan five years after EPA approval ofColorado's state implementation plan for regional haze, or relevant component thereof. Each source listed in the above tables must maintain control equipment oroperational practices required to comply with the above limits and averaging times, and establish procedures to ensure that such equipment oroperational practices are properly operated and maintained. VI.A.4. The sources shall submit to the Division a proposed compliance schedule within sixtydays after EPA approves the BART portion ofthe 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 ofthe public comment period and will respond to all public comments received.



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VI.B. Reasonable Progress Determinations VI.B.1. The provisions ofthis Section VI.B of Regulation Number3, 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 ofthe following limits: 

### RP DeterminationsforColorado Sources

Emission Unit NOx Emission Limit S02Emission 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 forColorado Sources

Emission Unit NOx Emission Limit S02Emission 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 ofthe 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



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### 34 CR 21 and 22, 11-11 Page 185 compliance within sixty days after the close ofthe public comment period and will respond to all public comments received. VI.C. Public Service Company ofColorado (PSCo) BARTAlternative Program VI.C.1. The provisions ofthis Section VI.C of Regulation Number 3, Part F (with the exception ofthe S02 cap ofsubsection 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 ofthe following limits, afterthefollowing compliance dates: BARTAlternative Program Determinations for PSCo Sources Emission Unit NOx Emission Limit 502Emission Limit Particulate Emission Limit Cherokee* 0 0 0 Unit 1 Shutdown No laterthan Shutdown No laterthan Shutdown No later than Shutdown No 7/1/2012 7/1/2012 7/1/2012 laterthan 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 laterthan Shutdown No laterthan 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 NOxwrll be reserved from Cherokee Station for nettmg oroffsets 

### ** 300 tpy NOx will be reserved from Arapahoe Station for netting oroffsets for additional natural gas generation



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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 of4,200 tons ofS02 peryear as determined on a calendar year annual basis. Between 1/1/2016 and 12/31/2017 Cherokee Unit4 and Valmont considered as a whole, shall not emit in excess of3,450 tons ofS02 peryear as determined on a calendar year annual basis. 

### VII. Monitoring, Recordkeeping, and Reporting for Regional Haze Limits The provisions ofthis 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, SubpartA- National Emission Standards for Hazardous Air Pollutants General Provisions and Subpart LLL- National Emission Standards for HazardousAir Pollutants From the Portland Cement Manufacturing Industry (As incorporated by reference within Commission Regulation Number 8, PartA, 5 CCR 1001-10). 40 CFR Part 64 (As incorporated by reference within Commission Regulation Number3, 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 ofS02 or NOx emissions, other pollutant emissions, diluent, or stack gas volumetricflow rate.



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS©2011 State ofColorado All Rights Reserved VII.E. Reporting requirements 

### 34 CR 21 and 22, 11-11 Page 188.5

The owner/operator ofa BART, RP or BART alternative program unit shall submit semi-annual excess emissions reports no later than the 30th dayfollowing the end ofeach 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 ofa BART, RP or BART alternative program unit shall submit reports ofany required performance stack tests for particulate matter, to the Division within 60 calendar days after completion ofthe test. The owner/operator shall also submit semi-annual reports ofany excursions underthe approved compliance assurance monitoring plan in accordance with the schedule specified in the source's Title V permit.



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PARTG STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE I.A. Adopted June 5, 1980 Rational and Justification forthe Repeal and Repromulgation of Regulation Number3 and Common Provisions Regulation as Related to Regulation Number3 On December 14, 1978, the Air Quality Control Commission revised Regulation Number3 (concerning requirements for filing air pollution emission notices, obtaining emission permits, and payment offees with respect to both) for the primary purpose of bringing Colorado's air pollutant emission permit program into conformity with the requirements ofthe Federal Clean AirAct 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) ofthe Federal Clean AirActAmendments of 1977. Since that submittal, the Colorado General Assembly has repealed and reenacted the State's basic air pollution control statute: Article 7 ofTitle 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 broughtthe State statute into conformitywith the Federal legislation, mandating the Commission to develop a comprehensive air pollution control program meeting the requirements ofthe Federal Clean AirAct. Revisions also respond to the requirements set forth in the October 5, 1979 Federal Register notice which conditionally approved portions ofthe Colorado SIP and setforth 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 ofSection 172(b)(II)(A) ofthe Clean AirAct. 44 Fed. Reg. 57401, 57408 (1979). The Commission has made an effortto formulate a permit program meeting the requirement ofand paralleling ofthe 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 orderto meet certain specific requirements expressly setforth 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 ofair 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 ofthe United States Court ofappeals for the District ofColumbia in the case ofAlabama Power Companyv. Castle F.2d (D.C. Cir., 1979). APENs In orderto reduce the administrative burden on both the Air Pollution Control Division ("the Division") and owners and operators ofair pollution sources, the filing of revised air pollution emission notices forthe 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 ofthe Division that annual reporting would be sufficientfor purposes ofkeeping the emissions inventory current.



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### 34 CR 21 and22, 11-11 Page 197

One ofthe apparent concerns ofparties and persons opposing the use by the Commission ofTSP as a welfare standard is that the increment would be consumed and that no further development could occur. Division ExhibitW, which compares the modeled ambient impacts ofTSP using a deposition model with particulates of 10 urn or less using the same model, shows that the larger particles depositquickly and that the ambient impact is relatively the same at a distance of 1000 meters or greater. The implication ofthis is that for manysources the modeling of increment consumption would have the same general results whetherTSP is counted orwhetheronly particles 10 urn or less are counted (assuming the boundary ofthe source is 1000 meters orfarther from the emissions point). Another implication is thatwelfare impacts from large particulates can only result within relatively short distances ofa source. Another concern was that the legislative intentwas notto countTSP, although there was not clear evidence oflegislative intent presented to the Commission. In any event, statutory language leaves the determination to the Commission to decidewhat particulates are ofa size orsubstance to adversely affect health orwelfare. Given the foregoing considerations and the Commission's general interest in interpreting health and welfare effects ofparticulates consistent with EPA, but also given the uncertainty surrounding the revision ofthe particulate NAAQS by EPA, the Commission determines that in applying the definition of "fugitive dust", the adverse effects on health orwelfare offugitive particulate emissions should be determined individually for each source. Adverse welfare effects ofnuisance and soiling will be presumed to occur ifthe source would have offsite, ambient, particulate impacts unless the permit applicant rebuts such presumption with clear and convincing evidence. The result ofthis 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 ofproofofdemonstrating with clear and convincing evidence, which, ifany, sizes or substances offugitive particulates do not adversely affect, health orwelfare. 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 IncrementConsumption, and Section V.D.3.c.(i)(B). Upon EPA's adoption of revised NAAQS for particulates, the Commission may considerwhether to revise this Statement of Basis and Purpose orthe definition of "fugitive dust' to reflect such revisions., Should EPA decide notto have a secondary NAAQS incorporating nuisance and soiling (welfare) impacts oflarge particulates, the Commission will considerwhetherthe welfare effects oflarge particulates are significant enough to be included, orwhetherthey 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 offugitive emissions in determining whether a source or modification is major "only ifthe Commission adopts regulations to include fugitive emissions for that source category." CR5 1973, 25-7-202(4) and (5). The Federal Clean AirAct has a similar requirement at Sec. 302(j}. EPA has interpreted the rulemaking requirement to mean simply a consideration in rulemaking ofwhetherfugitive emissions should be counted and a requirement that affected industries be allowed to present policy orfactual reasons whyfugitive emissions should not be counted. 45 Fed. Reg. 52676 (August 7, 1980). Based on this rationale, EPA's rules currently list 26 categories ofsources forwhich fugitive emissions are counted. A similar interpretation ofthe 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 ofsources 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.



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In the CMAv. EPA Settlement Agreement, the EPA has agreed to remove these 26 listed sources on the basis of industry's argument thatthe rulemaking requirement means that EPA must identify reasonable methods for measuring and modeling fugitive emissions from a category ofsources. 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 ofyears 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 thatfugitive emission factors are relatively as reliable and as reasonably available as stack emission factors: Both are based on numerous test data atdifferent 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 ofthe material, size distribution ofthe material). Neither is intended to represent actual emissions from a specific source. Actual acceptable test data for a specific orsimilar source would always be used in lieu ofan emission factor. Both are intended as air managementtools to allow pre-construction assessment ofa 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 airquality 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 offactors whenever such information is submitted. (See Testimony of McCutchen, October28, 1982; Egley, November 18, 1982, pp. 72-75 and p. 99; Bertolin, October 29, (am), p.39.) One party's concern involved whetherthe emission factors for a facility can be extrapolated to a larger facility, specifically, from a 7000 ton perday oil shale processing facility to a 50,000 ton perday facility. Scale-up is a widely used and accepted approach throughout industryforestimating the feasibility of larger-scale facilities from results at smaller-scale facilities. There are a number ofwellknown 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. Ofcourse, ifdifferent 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 similarto oil shale processing activities where such would be more accurate than extrapolation. Therefore, eitherthrough extrapolation orthrough the application ofother more applicable and available emissions factors, relatively accurate emissions levels from all types ofoil shale facilities can be calculated.



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### 34 CR 21 and22, 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 thatthe rule shall bring about reductions in risks to human health or environment, and provide other benefits (e.g., protection ofvisibility) thatjustifythe cost to government, the regulated community, and to the publicto implement and complywith the rule. (XVI) The Commission has chosen the alternative that is the most cost effective, provides the regulated communityflexibility, and which achieves the necessary reductions in air pollution. The alternative will maximize the airquality benefits of regulation in the most cost effective manner. The Commission notes that no parties provided alternate proposals to the PSCo BARTAlternative during this proceeding. The Commission also notesthat 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 iffor some reason PSCo's BART Alternative were not determined to be the most cost effective option, the Commission finds that approval ofthe BARTAlternative and incorporation ofthe alternative into the Regional Haze SIP is consistentwith the legislature's intent in adopting the CACJA. 

### I.W. Adopted October20, 2011 Regulation Number 3, PartA, B, C and D

- addressing federal changes to the New Source Review (NSR) Program related to PM2.5 National AmbientAir 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 ofC02 Emissions, other miscellaneous revisions, and typographical, grammatical and formatting errors. This Statement ofBasis, Specific StatutoryAuthority 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 StatutoryAuthority 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 ofsignificant deterioration program); 25-7-109(1)(a) (authorityto require the use ofair 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 forthe administration ofpermits). 

### Basis and Purpose EPA promulgated federal changes to the NewSource Review (NSR) Program, which must be incorporated into Regulation Number3 in order to maintain consistency with the federal NSR Program related to PM2.5 National AmbientAir 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 ofC02 Emissions, deferring biogenic carbon dioxide (C02) from regulation underthe federal Prevention m Significant Deterioration (PSD) and Title V Permitting Programs for three years.



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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 minorsource permitting requirements. However, the AQCC did not make corresponding revisions to major stationary source permitting requirements underthe New Source Review (NSR) Program as the EPA had notyet promulgated the associated PM2.5 implementation rules. Since that time, EPA promulgated a series of rules regarding the regulation of PM2.5 underthe NSR program. See "Implementation ofthe New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)" 

### (73 FR 28321, May·16, 2008), "Prevention ofSignificant 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, October20, 201 0), "Requirements for Preparation, Adoption, and Submittal of Implementation Plans" (76 FR 18870, April 6, 2011), and "Implementation ofthe 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 ofthe methodologyto testfor PM2.5, provide a complete framework establishing howto apply PM2.5 to the NSR Program. Prior to the promulgation ofthe December 2010 rules, application of PM2.5 to the NSR Program made little sense. See 75 

### FR 80118. Consequently, the AQCC chose to waitto adoptthe suite of PM2.5 implementation rules until after the last ofthe PM2.5 implementation rules and the 2010 PM2.5 testing methodologywere 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 ofthe 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 concentrationswithin any area. See 

### 73 FR28328. However, VOCs and NH3 are not required to be treated as PM2.5 precursors, exceptthat high molecularweight VOCs (equal to or greaterthan 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 significantlyto the concentration of PM2.5 in any area in Colorado. Without evidence to narrow the identification of NOx as a precursorto specific areas, Colorado must identify NOx as a PM2.5 precursor state-wide. Less is known aboutVOCs and NH3 and their contribution to PM2.5 in Colorado, and so Colorado has chosen to not identify them as PM2.5 precursors atthis 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 exemptionsthat the Commission submitted to EPA as SIP revisions in September 1997, June 2003, July2005, August2006, 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 ofthe subject provisions and the revisions intended to address each provision are as follows:



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS© 2011 State ofColorado All Rights Reserved 

### 34 CR 21 and 22, 11-11 Page 333 Open burning APEN exemption was corrected to reference federally enforceable Regulation Number 1 (PartA, Section II.D.1.q.). EPA commented that the change in reference from Regulation Number 1, which is part ofColorado's SIP, to Regulation Number 9, which is not part ofColorado's SIP, was not approvable. Mobile sources APEN exemption was clarified (PartA, 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 PartA, Section II.D.1.a. Emergency generatorAPEN 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 consistentwith 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 PartA, 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 exhaustAPEN exemption was repealed (PartA, 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 unclearwhat these activities were. The AQCC is unaware ofany source making use ofthis exemption, and thus has removed this exemption and associated insignificant activity. Air curtain destructorAPEN exemption removal (Part A, Section II.D.1.ffff.). EPA commented that because air curtain destructors meet the SIP approved definition ofan incinerator and as such are required to submitAPENs and obtain permits, that this exemption should be removed. On February4, 2011, EPA's action granting partial approval and partial disapproval ofSIP 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 Number3 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 yearto 10tons peryear. The AQCC opted to revert back to the 5 tons peryearthreshold that EPA



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### Page 334 previously approved instead of making the necessary demonstration atthis time. Note that this revision does not prevent any source from making use ofthe facility-wide permit exemptions found in Part B, Sections II.D.2. or II.D.3. Non-road engine state-only requirements (PartA, 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)" atthe beginning ofthese sections to clearly identify that they are state-only provisions. Biogenics Deferral Revisions: On June 3, 2010, EPA's "Prevention ofSignificant 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 underthe Prevention ofSignificant Deterioration (PSD) and Title V Permitting Programs ofthe Clean AirAct (CAA). On July 20, 2011, EPA's "Deferral for C02 Emissions from Bioenergy and Other Biogenic Sources Underthe Prevention ofSignificant 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 emissionsfrom the definition of "subject to regulation" to allow biogenic sources ofcarbon dioxide (C02) emissions a three year deferral from the PSD and Title V permitting requirements; the three yeardeferral applies even ifthe source's GHG emissions exceed the threshold established in the Tailoring Rule. To maintain consistency with implementation offederal 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 consistentwith EPA's proposed Biogenic Deferral (PartA, Section I.B.44.b.). Other Revisions: In addressing the above actions, the AQCC made several additional Regulation Number3 revisions that relate to: revising the time frame for reporting the Notice ofStartup to the Division from thirty days priorto fifteen days after commencing operation, which is consistentwith 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 necessaryto 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 identifyVOC 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 ofSections 25-7-110.5(5) and 110.8, C.R.S. do not applyto these revisions.



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### 34 CR 21 and 22, 11-11 Page 335

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 ofSections 25-7- 110.5(5) and 110.8, C.R.S. apply to this rulemaking. Thus, the AQCC makes the following determinations only as they pertain to the SIP disapproval actions, and onlywhere 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 surfacewater impoundments, deaerator/vacuum pump exhaust, and air curtain destructors is limited, although more is known about the engines, generators and air curtain destructors. TheAQCC concluded that the adopted rule will clarify and generally improve Colorado's inventory ofemissions 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 ofany timing issue that could justify changing the timeframe in which these rules are implemented. There are deadlines bywhich states are expected to implementfederally mandated changes, with potential sanctions forfailing to meet these deadlines. (VI) The APEN and associated permitting exemption and insignificant activity requirements in question are notspecifically designed with a margin for accommodation, but instead will. rely on the opportunityforfuture revisions, as necessary, to adjust for uncertainty and future growth. (VII) The adopted revisions establish reasonable equityfor 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 accuracywill 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, bydelaying the time necessaryto improve the inventorywhen developing plans to address future NAAQS. (IX) The proposed revisions include no requirements that differfrom 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.



### CODE OF COLORADO REGULATIONS 5 (:CR 1001-5

### Page 336 (XI) The adopted rules will contribute to prevention of pollution, by having sources more accurately assess emissions to determine ifAPEN 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 insignificantactivities. (Ill}**Evid~nce** in this record supports the finding that the rule shall bring about reductions in risks to human health and the environment thatjustifythe 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 alternativewill maximize the airquality benefits of regulation in the most cost-effective manner.



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