PART A 

PART B 

PARTC 

PARTD 

PARTE 

PARTF 

PARTG 

33 CR 22 and 23. 11-10 

TABLE OF CONTENTS 

CONCE&'IJNG GENERAL PROVISIONS APPLICABLE TO REPORTING 

AND PERM1TIING .......................................................................................................... ! 

Al'PENDIX A, Method for Determining De Minimis Levels for Non-Criteria 

Reportable Pollutants ................................................................................................. so 

APPENDIX B. Non-criteria Reportable Pollutants (Sorted by BIN) ....................................... 51 

CONCERNING CONSTRU<...IlON PERMITS ...................................................................... 65 

CONCERNING OPERA'llNG PERMITS .............................................................................. 78 

CONCERNING MAJOR STA riO NARY SOURCE NEW SOURCE REVIEW 

AND PREVf:."'NTION OP SKJNIF1CANTDETI.~RIORATION ..................................... ll5 

RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS .............................. 173 

BEST A V AILABl,E RETROFIT TECHNOL<X.iY (UART) ................................................ 173 

STATEMENTS or· BASIS, SPECIFIC STATUTORY AU1llORITY AND 

PURPOSE ....................................................................................................................... 188 

~;' 20 I 0 State nf l'oloraJo 5 CCR 1001-5 

All Rights Re~rvc'\1. (SOOJ I\JV!&44 
EDITOR'S NOTES (continued) 

History and Amendments: 

Pp. 1-36 adopted 08/20/92. EFFECTIVE 09/30/92, 15 CR 9. Pp. 76-93 adopted as emergency regulation 

10!15!92. EFFl:CTIVE 10/ 15t'J2, 15 CR I I. Pp. 1-75 adopted 11/19/92, EFFECTIVE 12130/92. 15 CR 12. Pp. 

l·l·n adopted 06n2!93, EFFECTIVE 08/30/93. 16 CR 8. Pp. 1-236 adopted 07/15/93, EFFECTIVE 09/30/93, 

16 CR 9. Pp. Il-l 5, 25-31, 62-63, 6 7-70, 95-97 adopted 02/17/94. EFFECTIVE 04/30/94; p. 48 adopted 

031l7/94. EFFECTIVE 04/30/94, 17 CR 4. Pp. 141-142 ad{)Jltcd as emergency regulation 05/19194. 

EfFECTIVE 05!23/94, 17 CR 7. i'p. 1-120 adopted 08/1&194. EFFECTIVE 09130/94, J7 CR 9. l'p. 48-<>0 

adopted 10/20/94, EFI'bCTIVE 12130/94, 17 CR 12. Pp. 25-27, 39-43, 125-126. 128-128.02 adopted 11117/94. 

eFFECTIVE Ol/30i95,18 CR l. Pp. 73,80-81 adopted as emergency regulation 12/15/94, EFFECTIVE 

12/J 5/94, 18 CR 2. Pp. 7.>-74 adopted 02/16195, EFFECTIVE 02/16/95, 18 CR 4. Pp. 5-6,9-14, 16-22,24-25, 

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

OS/30/95. 18 CR 5. Pp. 45, 73.0 I, 76-77, 78-82. adopted 05/18195. EFFECTIVE 07/30/95, 18 CR 7. Pp. 1-25, 

46-56, 78-95.01. 104-106, II O-Il 1.01 adopted 08117/95. EFFECTIVE 10130/95. 18 CR JO. Pp. 20-24, 30-31, 

96-<Jl.\ adopted l 2121195, EFfECTIVE 03!01 196, 19 CR 2. Pp. 44-45 adopted 02!1 5/96, EFFECTfVE 04/30/96. 

J9 CR 4. l)p. 4, 41.41.02-45. 75.01-76,80-82, 125-128.02 adopted 03121/96. EFFECTIVE 05/J0/96, 19 CR 5. 

Pp. J-5, 25-26. 50, 64.01-66, 76, J 19, 145. 147-149, 157-158, 168-169, 179, 184-185, 201-202, 207-208 

adopted 06/20196, EFFECTIVE OS/30/96,19 CR 8. Pp. 48-63.05 adopted 10/24/96, EFFECTIVE 12130196,19 

CR 12. Pp. 165-209 adopted 11/21/96, EffECTIVE 01130/97, ZO CR J. Pp. 119-157,227-229 adopted 

I l/18/99, EFFECTIVE 01/30!00, 23 CR I. Pp. lllWI- I I 1!.02 adopted 11/15/01, EFFECTIVE 12/30/01, 24 CR 

12. f>p. 73-! 18.06. 144-146.0 l. 230-234 adopted 02n 1/02, EFFECTIVE 04i30/02, 25 CR 4. Adopted 7/18102, 

1!1'1-'ECTIVE 9!30/02, 25 CR 9. Adopted 10/17/02, EFFECTIVE 12130/02.25 CR 12. Regulation I.A ad<)ptcd 

03i2l/03, EFFECTIVE 04130/Cf3. 26 CR 4. Adopted 03/12/04, EFFECTTVE 05/30104, 27 CR S. Regulation No. 

3 Adopted (l4/l6/04. EFFECTIVE 06/30/04, 27 CR 6. Pan B adopted by technical correction. 27 CR 12. Part 

t\, l':m l3. Part C. Part D. Part F adopted 12/16/04, EFfECTlVE 03/02105, 28 CR 1. Parts A to F adopted 

7!21/05, EFFECTIVE 10/02/05. 28 CR 9. Pp 23-27. 35. 77. II 1-HG, 2lB-235 adopted 12!15/06. EFFECTIVE 

03/02/06. 29 (;R 2. Regulation 3, Part 8, Section flU' adopted by technical correction; Regulation 3, l'an G 

adopted 03/16/(J<J, EfFECTIVE 05/30106,29 CR 5. Rule replaced in its entirety, adopted 08/17/06. 

EFFECTIVI: I 0/30/06. 29 CR 10. Rules VI.D.l. and I.LL. adopted 12!15106, EFFECTIVE 03/04/07, 30 CR 2. 

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

lfii!S/07. EFFECTIVE 11130107,30 CR ll. PartE- Best Available Retrofit Technology (BART), Rules V.B, 

VI ( cntirocction), I.NN adopted 12121107, EFFECTIVE 03/01/08. 31 CR 2. Rule replaced in its entirely, 

adopted 02/21108, EFfECTIVE 04/30/08,31 CR 4. Part F. Section IV.B. Part G, Section l.PP adopted 

051!4/0S, HFL;CT!Vt 06/30108, 31 CR 6. Part A, Section VJ.D.l, Part G, Section I.QQ adopted 09118/08, 

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

J2!!2J08, EFFECTIVE 01130!09; Part F. Sections VI.B and VI.C, Part G, Sections I.A .• I. D. I arnli.D. Vl, l.RR. 

LSS adopted I 2/19/0R. EfFECTIVE 0 I /30i09, 32 CR 1. Part E. Pan F. Section VI. B. adopted hy technical 

correelion, 32 CR 8. Regulation replaced in il<; entirety adopted 10/21/W, EFFECTIVE 12il5!10, 33 CR 23. 

A.G. Opinions: 

15 AO 361-361A; 15 AG 455; 15 AG 508; 16 AG 275: 16 AO 306: 17 AG 140-141; 17 AG 269; 17 AG 348; 

!7 AG 480; lk AG JO; 18 AG 77; 18 AG 140; 18 AG 180; 18 AO 2SJ; 18 AG 364; 19 AG 52; 19 AG I l I; 19 

AG 125-126; I'J AG 236-237; 19 AG 380; 20 AG 19; 23 AG ~; 24 AG 363; 25 AG 120; 25 AG 312; 25 AG 

431; 26AO 16:!; 27 AG 170:27 AG 208; 2& AG42; 28 AG 225; 29 AG 77-78; 29 AG 174; 29 AG Oct JOOJ-5; 

:;o ACi F('b 1001-5; 30 AG Nov JOOI-5; 31 AG Feb 1001-5:31 AG Apr 1001-5; 31 AG JunlOOI-5; 32 AG Oct 

1001-5:32AGJanl00l-5-1001-5a;33AGNov JOOl-5 

A nnolalions: 

Air Pollution Control Division did not err by obtaining and reviewing the original Viljibilily data from lbe 

National J>ark Service because the Divisiun reviewed and analyzed that information in ultimately arriving at its 

own conclusion. Citizensf(Jr Clean Air & Water v. Colo. Dcp'! ofPub. Health & Em·'t, 181 P.Jd 393 (2008} 

5 CCR 1001-5 Page 2 
t:· 20 In State of Co!or.1do 

A 11 Rights Reserved 

33 CR 22 and 2:1, 11· l 0 Page 1 

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING 

I.A. revisions of this Part A shall apply statewide to all sources of air pollutants e 

provided herein. 

The portions of Regula · Number 3 printed in italics are not effective until th ate on which t11e 

U.S. EPA promulgates aft rule adopting the revisions to Regulation Nu er 3 as a permanent part 

of the state implementation pia . 

All sources of air pollutants that have p 

or a construction permit, and are subject on 

to reapply for a new construction permit pursua 

tatutes Section 24-4-103 {12.5), materia ·ncorporated by reference 

are available for public i ction during normal business hours, or copies m be obtained at a 

reasonable cost fro e Technical Secretary of the Air Quality Control Commiss (the 

Commission), 4 Cherry Creek Drive South, Denver, Colorado 80246-1530, or ma examined 

at the State lications Depository and Distribution Center. Materials incorporated by r ence are 

those · ·ons in existence as of the date of this regulation as promulgated or revised by the 

tssion and references do not include later amendments to or editions of the incorporated 

terials. 

LB. Definitions 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 4 

1.8.10. Carbon Dioxide Equivalent (C02e) 

A metric used to compare the emissions from various GHG classes based upon their global 

warming potential (GWP). The C02e is determined by multiplying the mass amount of 

emissions (tons per year), for each GHG constituent by that gas's GWP, and summing the 

resultant values to determine C02e (tons per year). The applicable GWPs codified in 40 

CFR Part 98, Subpart A. Table A-1- Global Warming Potentials are hereby incorporated by 

reference as in effect as of October 30, 2009, but not including later amendments. 

Commence, also Commence Construction 

e owner or operator has obtained all necessary pre-construction approvals or pe 

requir y federal, state. or local air pollution and air quality laws and regulations an as 

either; (a} f!9Un, or caused to begin, a continuous program of physical onsile cons ction of 

the source, {b) entered into binding agreements or contractual obligation that c not be 

cancelled or m ified without substantial loss to the owner or operator. to und ake a 

program of actua onstruction or the source to be completed within a reaso le time. The 

following activities not require the owner or operator to obtain a permit planning; 2} site 

clearing and grading; ordering of equipmen1 and materials; 4) storin f equipment; 5) 

setting up temporary trai s to house construction management staff nd contractor 

personnel; 6) engineering d design; and 7) geotechnical investi ion. In the event that 

the source does not qualify fo ·ssuance of a permit, the owner operator accepts the 

financial risk of commencing th activities. 

!.8.12. Commencement of Operatic 

A new source commences operation whe 't first c Clucts the activity that it was designed 

and permitted for (i.e., producing cemen1 or ne ling electricity). 

1.8.13. Construction Permit 

Means the same as an emission permi s required un r Part B of this regulation as it 

existed prior to July 1, 1992, and is t permit required u er Colorado Revised Statutes 

Section 25-7-114.2 after July 1, 1 2. 

All of the equipment tha s required to meet the data acquisition and 

of Part D of this Reg lion or of a permit issued in accordance with Pa B or C of this 

regulation, to samrJ , condition (if applicable), analyze, and provide a reco 

a continuous ba · . 

1.8 .15. Co muous Emissions Rate Monitoring Systems (CERMS) 

The to 1 equipment required for the determination and recording of the pollutant mass 

emi ·ons rate (in terms of mass per unit of time). 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
'" 2010 Staw o!L'olt}rmlo 

,\II Right• Koserv~d 

:13 CR 22 and 2:~. 11· 1 0 

Continuous Parameter Monitoring System (CPMS) 

Page 5 

fthe equipment necessary to meet the data acquisition and availability requirements o 

Pa of this Regulation, to monitor process and control device operational parameters ( r 

exam e, control device secondary voltages and electric currents) and other informatio (for 

examp gas flow rate. 02 or C02 concentrations), and to record average operation 

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

Those pollutants or which the U.S. EPA has established national ambient ai quality 

standards, includi :carbon monoxide, nitrogen dioxide (direct emissions d as a precursor 

to ozone), sulfur dio 'de, PM1 0, PM2.5, total suspended particulate matt , ozone, volatile 

organic compounds ( a precursor to ozone), and lead. 

For the purposes of Air P llutant Emission Notice reporting, critelia llutants shall also 

include nitrogen oxides, flu 'des, sulfuric acid mist, hydrogen sulfi e. total reduced sulfur, 

reduced sulfur compounds, nicipal waste combustor organi municipal waste combustor 

metals, and municipal waste c bustor acid gases. 

1.8.18. Designated Representativ 

Means a responsible natural person a thorized by the ners and operators of an affected 

source and of all affected units at the s rcc, as evid ced by a certificate of representation 

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

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

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

to refer to the designated representative with ard to all matters under the acid rain 

program. 

1.8.19. Draft Permit 

public for an opportunity for public 

the Division's final decision on a 

1.8.20. Existing Source 

An air pollutant source that as been constructed, is in operation, 

approval of a constructio rmit prior to the effective date of appli 

For purposes of th· Regulation Number 3, fugitive dust means soil or other irbome 

particulate matte (excluding particulates produced directly during combustio resulting from 

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

agriculture, struction. forestry, unpaved roads, mining, exploration, or similar tivities in 

which earth s either moved, stored, transported, or redistributed; except that fugiti dust 

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

or subs nee to adversely affect public health or welfare. 

eans a single permit issued to cover numerous similar sources. 

CODE OF COI,ORADO REGULATIONS 5 CCR 1001·5 
Page 6 

1.823. Greenhouse Gas (GHG) 

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

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

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

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

equivalent (C02e). 

A facilit building, structure, or installation, or any combination thereof, excludin weltings 

which can sonably be expected to cause or induce substantial mobile sour activity tha 

results in emi ·ons of air pollutants that might reasonably be expected to I erfere with the 

attainment and ·ntenance of National Ambient Air Quality Standards 

1.8.25. Major Source 

Any stationary source or grou f stationary sources belo 

grouping (see Section 1.8.43. oft · Part A), that are lo ed on one or more contiguous or 

adjacent properties and are under c moo control he same person (or persons under 

common control) that: 

18.25 a. Directly emits, or s potential to emit considering enforceable 

controls, in the aggreg . ten to er year or more of any hazardous air 

pollutant or twenty- e tons per yea r more of any combination of 

hazardous air p tants. or such lesser antity of hazardous air pollutants 

as may be e fished pursuant to the Fe al Act. Emissions from any oil r 

gas explo 1on or production well (with its as iated equipment) and 

emissi s from any pipeline compressor or pum tation shall not be 

ag gated with emissions from other similar units, ether or not such uni s 

e in a contiguous area or under common control, to ,rmine whether 

such units or stations are major sources, and in the case o ny oii or gas 

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

emissions shall not be aggregated for any purpose under this pr ·sian. 

Fugitive emissions shall be considered in determining whether a sta · nary 

source of hazardous air pollutants is a major source. 

LB.25.b. Directly emits. or has the potential to emit, one hundred tons per 

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

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

purposes of this Section I.B.25.b., unless !he source belongs to one of the 

following categories of stationary sources: 

1.8.25.b.(i) 

1.8.25.b.(ii) 

1.8.25.b.(iii) 

I.B.25.b.(iv) 

1.8.25.b.(v) 

1.8.25.b.(vi) 

Coal cleaning plants (with thermal dryers): 

Kraft pulp mills; 

Portland cement plants; 

Primary zinc smelters; 

Iron and steel mills; 

Primary aluminum ore reduction plants; 

5 CCR 1001-.'> COOt<: 01<' COI,ORADO REGULATIONS 
\' 20 In St.1:c of C obrad<l 

/\II Rights Reserved 

:33 CR 22 and 23, 11·10 Page 7 

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

I.B.25.b.(vlii} Municipal incinerators capable of charging more than 250 

tons of refuse per day; 

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

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

I.B.25.b.(xl) Lime plants: 

IB.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 (fumace process); 

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

I.B.25.b.(xvii) Fuel C'.Onversion plants: 

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

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

l.B.25.b.(xx} Chemical process plants: 

I 8.25.b.(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 

250 million British thermal units per hour heat input: 

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

capacity exceeding 300,000 barrels; 

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

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

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

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

million British thermal units per hour heat input; or 

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

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

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

that have been regulated for that category. 

orth in 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
PagP 14 

ber PB 87-100012. The manual is available for examination at the office ofthe Director 

of the · ollution Control Division, Department of Public Health and Environment, 4300 

Cherry Creel< · South, Denver, Colorado 80246-1530. 

1.8.44. Subject to Regulation 

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

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

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

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

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

except that: 

5 CCR 1001-5 

I.B.44.a. GHG shall not be subject to regulation except as provided in 

Sections I.B.44.d. through f. of this Part A. 

1.8.44.b. For purposes of Section I.B.44.c. through e., the term C02e of this 

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

follows: 

l.B.44.b.(i) Multiplying the mass amount of emissions (tpy}, for each of 

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

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

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

including later amendments. 

1.8.44.b.(ii) Sum the resultant value from Sec~on I.B.44.b.(i) of this Part 

A, for each gas to compute a tpy C02 e. 

I.B.44.c. The term emissions increase as used in Sections I.B.44.d through e. 

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

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

net emissions increase (as defined in Sections II.A.26, and II.A.42 of Part 0) 

occur. For the pollutant GHG, an emissions increase shalf 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 IIA42.b. of Part D. 

I.B.44.d. Beginning January 2, 2011, the pollutant GHG is subject to 

regulation concerning major stationary source new source review and 

prevention of significant deterioration if: 

CODE OF COLORADO REGULATIONS 
;) 20Hl ~t:lte of Colorado 

t\ \1 Right~ Re!;Crved 

;}3 CR 22 nnd 2:3, 11-10 Pagn 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 or will 

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

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

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

emissions increase of a regulated NSR pollutant. and an emissions 

increase of 75.000 tpy C02e or more. 

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

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

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

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

potential to emit 100,000 tpy C02e; or 

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

prevention of significant deterioration and operating permits: 

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

potential to emit 100,000 tpy C02e; or 

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

the potential to emit 100,000 tpy C02E. when such stationary source undertakes a physical change or change in the 

method of operation that will result in an emissions increase 

of 75,000 tpy C02e or more. 

l.B.44.f.lf there is a change in federal law that supersedes. or the District of Columbia 

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

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

emissions at stationary sources under the New Source Review Prevention of 

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

regulation, GHG emissions under the corresponding programs in this 

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

extent. 

Temporary Source 

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

that a longer riod is appropriate. 

The Division may allow a source orego calculating or e · ating its unrontrolled actual 

emissions of hazardous air utants upon a showing by the so and a determination by 

the Division that the c ton of such data is unreasonably costly, tee · lly impractical or 

not reasonably r ed to information necessary for making regulatory dec · s with respect 

. The Division's final determination may be appealed to the Com · ion by the 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 4-1 

VI. Fees 

VLC. 

General 

VIA 1. Every person required to obtain a Construction or Operating Permit or to file an ir 

Pollution Emission Notice shall pay fees as set forth in the following sections. uch 

fees shall be charged to recover the direct and indirect costs incurred by th Division 

in processing permit applications. issuing permits, and in conducting a c pliance 

monitoring and enforcement program. Such fees shall apply without r ard to 

hether a permit is issued, denied, withdrawn, or revoked. Fees sh be charged as 

i icated in Section VI. D. of this part. 

V1.8.1. Applicants or a permit shall be assessed total fees that s II be partially determined 

at the time t t the Division makes its decision whether issue preliminary approval 

of the permit a partially at the time the Division ma s its decision whether to issue 

final approval. 

VLB2. The partial fee collec at the time the Divisio makes its decision whether to issue 

preliminary approval of e permit shall inclu the costs associated with the 

preliminary engineering e luation, model' g, and analysis of impact on ambient air 

quality, notice and publicatl requirem ts, and such other costs as are required for 

the aforementioned activities 1 urred y the Division up to the time of the decision of 

whether to issue preliminary ap 

VLB.3. The final fee collected at the ti th ivision makes its decision of whether to issue 

final approval shall include th a lance f the total of aft costs associated with 

enforcement of any terms d conditions f the emission permit, the supervision of 

and publication 9uirements, and such other costs as are 

g, issuance, and a inistration of the permit. 

Vl.8.4. If the Division req · es more than thirty hours top 

shall inform the ner or operator of the source an rovide an estimate of what the 

actual charge may be, prior to commencing with proc ssing of the application, 

unless the ner or operator waives this requirement in riling. 

VI. B.S. t processing fees assessed must be received within irty days of the date of 

recei of the written request therefore. All fees collected unde his regulation shall 

be ade payable to the Colorado Department of Public Health a Environment. 

nstruction permits shali not be issued until all such assessed fee have been paid. 

ermits issued in accordance with Part C of this regulation may be I ed upon 

approval by the Division of a fee payment schedule. 

As used in this Section V!., In accordance with Colorado Revised Statute Sectio 

7-114.7, regulated air pollutant means: 

CODE OF COLORADO REGULATIONS 
~ 2~10 S:at~ ofC<>loraoo 

t\ II Kigh!S RcsCTV<:d 

:>3 CR 22 and 2a, 11-Hl Page 45 

Vl.C.1.a. A volatile organic compound: 

VI.C.1.b. Each hazardous air pollutant; 

C.1.c. Each pollutant regulated under Section 111 of the 

Source Performance Standards); 

Each pollutant for which a National Am · nt Air Quality Standard has 

mulgated, except for carbon mono · e; and 

VI.C.2. Every owner or operal of an air pollution rce required to file an Air Pollutant 

Emission Notice sh pay a nonrefundable ann 

Section VI.D.1. his Part A. 

VI.C.3. All annu emissions fees assessed must be received with sixty days of the date of 

issu of the written request therefore. All fees collected u this regulation 

s I be made payable to the Colorado Department of Public Hea and 

nvironment. 

In no event shall an owner or operator of a source pay more than a fee base 

total annual emissions of four thousand tons of each regulated air pollutant per 

Vt.D. Fee Schedule 

VIlA 

VI.D.1. Annual emission fees and permit processing fees shall be charged in accordance 

with and in the amounts and limits specified in the provisions of Colorado Revised 

Statutes Section 25-7-114.7. Annual emission fees for regulated pollutants shall be 

$22.90 per ton. Annual emission fees for hazardous air pollutants shall be $152.90 

per ton. GHG is exempt from the requirement to pay annual emission fees. 

VI.D.2. Air Pollutant Emission Notice filing fees shall be charged in accordance with and in 

the amounts and limits specified in the provisions of Colorado Revised Statutes 

Section 25-7-114.1. 

onfidential lnfonnation or Data Contained in Air Pollutant Emission Notices, P 

Ap · tions, or Reports Submitted Pursuant to Part C, Section V.C.6. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
<1:12010 State nfCuk>rudo 

All Righls Reserved 

83 CR 22 and 23, ll-10 Page 65 

PARTB CONCERNING CONSTRUCTION PERMITS 

Applicability 

e provisions of this Part B shall apply statewide. All sources that did not commence 

co uction or operation prior to February 1, 1972, are required to have a construe· permit 

except cified in Section II. 

II. 

IIA General Considerations 

li.A1. 

IIA2. Any permit that en issued pursuant to a prior re tion of the Commission, 

with respec a project or the operation thereof, shall con in full force and effect 

for the ose for that it was originally issued, unless this curre ~ulation no 

lo r requires such permit. in that case the permit can be rescinde 

e owner or operator of the permitted source. 

Any orders or decisions of the Division shall be final upon issuance, according to 

Section lll.F.3. of this Part B. 

IIA4. Construction permits for criteria pollutants, GHG and hazardous air pollutants shall 

be issued based on the production/process rate requested in the Air Pollutant 

Emission Notice submitted with the permit application or as requested in the 

application. The emission rate associated with the requested production/process rate 

shall be a permit condition. For permits to limit the potential to emit criteria. 

pollutants. GHG or hazardous air pollutants the Division may modify the 

production/process rate, hours of operation or other requested permit conditions in 

order to create state-only or federally and practically enforceable permit conditions; 

provided, however, that the applicant may decline to accept such modifications and 

elect instead to forego limits on its potential to emit or pursues any right of appeal or 

other available alternative. For details regarding permits to limit the potential to emit 

hazardous air pollutants see Regulation Number 8, Part E. Section IV. 

-lT""" r-. .t\ . .J. uction permits are required for hazardous air pollutants if: 

II.A5.a. The source is subier-t ~~ ... vv m Achievable Control Technology 

--- nr ·I AVailable Control Technology; or 

- CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 66 

IIA5.b. The source is subject to Federal National Emission Standards for Hazar 

Air Pollutants; or 

The source is sut>ject to Federal Maximum Achievable 

rally Available Control Technology standard · 

IIA6. Owners or operators of s ces that have · operating permits in accordance wlth 

Part C of this regul · may construct or modifY h source without obtaining a 

construction tt prior to construction or modificatio , rovided the construction or 

modifica · qualifies for a minor permit modification or for ational flexibility, and 

the licable provisions as set forth in Sections X., XI., or XII. o rt Care met. In 

adition. all applicable requirements that are related to construction pe · approval 

and that are set forth in Sections 111.0.1 .a. through III.D.1.g. of this Part B re ·n in 

effect. 

I LA. 7. A source that is voluntarily applying for a permit to create state-only or federally 

enforceable permit conditions. as appropriate, to limit the potential to emit criteria, 

pollutants, GHG or hazardous air pollutants may request to obtain such limits in a 

construction permit. 

Transfer or Assignment of Ownership 

If transfe r assignment of ownership or operation of an air pollution emission source permitted 

pursuant to · Part B is anticipated, the prospective owner or operator shall apply to the Divisi 

Division supplie dministrative permit amendment forms for reissuance of the existing per · . 

Section Ill. of Part fthis regulation governs the administrative permit amendment pr ures 

required for transfer o ssignment of ownership. 

ln accordance with the provi ns of this section, the permit shall be reissued n completion of the 

transfer or assignment if the app · nt certifies that no change is contempla a that might constitute a 

new or modified air pollution source. n no event shall the new owner or perator of a source that 

was subject to the requirements of the regulations prior to the tran .r or assignment be relieved of 

the obligation to comply with such require nts by reason of a tr fer. Such transfers are subject to 

all applicable permit processing and inspectio ees. 

If a company is changing its name only, the owner o ator shall apply to the Division, on Division 

supplied administrative permit amendment forms. fo uance of the existing permit. Section Ill. of 

Part A, governs the administrative permit amend nt pro ures required for identifying a change in 

name. If all other procedures and informatio s stated in the t submitted Air Pollutant Emission 

Notice(s) remains unchanged, only one Ai ollutant Emission No· 

stationary source. indicating the name ange. 

No administrative permit amend ent for transfer or assignment of ownersh of a source shall be 

complete until a written agr ent containing a specific date for transfer of pe 't, responsibility, 

coverage and liability be n the current and new permittee is received by the D · ion. 

ll.C. 

A permitted rtable source (e.g., asphalt plants, crushers. etc.) shall have its permit number 

y and prominently displayed on each major component of equipment that is a part of th 

source. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
l; 2!11 0 State of Colur .. cJu 

All Right> Rescn·ed 

3:3 CR 22 and 2:3. 11·10 Page 115 

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION 

Applicability 

General Applicability 

This Part 0 shall apply to any new or existing major stationary source. 

Any ew major stationary source or major modification. to which the requirements 

0 app , shall not begin actual construction in a nonattainment. attainment. or u assifiable 

area un ss a permit has been issued containing all applicable state and feder 

rcquirem ts. 

IA2 Exce as otherwise provided in Section XV. of this Part D. and onsistent with the 

definiti of major modification (Section fi.A22. of this part), a roject is a maJor 

modificat 1 for a regulated NSR pollutant if it causes two ty, es of emissions 

increases- significant emissions increase (as defined in eclion II.A.43. of this 

part), and as nificant net emissions increase (as defin in Sections II.A.26. and 

II.A.42. of this rt). The project is not a major modific ion if it does not cause a 

significant emisst s increase If the project causes significant emissions increase, 

then the project is ajor modification only if it a/ results in a significant net 

emissions increase. 

IA3. 

I. B. Applicability Tests 

1.8.1. tual applicability test for p ·ects that only involve existing 

A significant emission ncrease of a regulated NSR pollutant 1 rejected to occur if the sum 

of the difference bet en the projected actual emissions (as de ed in Section lf.A.36. of this 

part) and the basel' e actual emissions (as defined in Sections II . . . a. and Jf.A.4.b. of this 

part, as appllcab ), for each existing emissions unit, equals or exce s the significant 

amount for tha 1/utant (as defined in Section li.A.42. of this part). 

LB.2. Ac al-to-potential test for projects that only involve construction o new emissions 

it(s). 

A si ificant emissions increase of a regulated NSR pollutant is projected to occ 

of e difference between the potential to emit (as defined in Section 1.8.35. of Pa of this 

gufation) from each new emissions unit following completion of the project and the aseline 

actual emissions (as defined in Section /I.A. 4. of this part) of these units before the p · ct 

equals or exceeds the significant amount for that pollutant (as defined in Section /I.A. 42. f 

this part). 

CODE OF COLORADO REGUL\TIONS 5 CCR 1001-5 
Pnge 116 

1.8.3. Hybrid test for projects that involve multiple types of emissions units. 

A significant emissions increase of a regulated NSR pollutant is projected to occur if the 

t the emissions increases for each emissions unit, using the methods specified in S 1ons 

1. 1. through I.B. 3. of this part as applicable with respect to each type of emissions nit, 

eqt s or exceeds the significant amount for that pollutant (as defined in Section .A42. of 

~~p t . 

1.8.4. A wner or operator of a major stationary source who conducts t actual-toproje ed-actual test for a project that requires a minor permit m tlification in 

accord ce with Section X. of Part C. requires a significant p it modification in 

accordan with Section I.A.3. of Part c. a modification as fined in Section 1.8.26. 

of Part A or at requires a minor source permit under P • 8 shall submit a permit 

application in ding: 

I.B.4.a. All calcula · ns and supporting document 1on used to determine baseline 

actual emiss1 s of each emissions uni ffected by the project; 

I.B.4.b. All calculations a supporting d mentation used to determine projected 

actual emissions of ch existin emissions unit affected by the project; 

I 8.4. d. Any other im ation requested by the ivision that may be needed to 

determine 1 a major modification will occ at each emissions unit affected by 

the proje . 

The informa · n submitted in accordance with Section I. 4.a. through I.B.4.d., 

above, sh I be incorporated into an appendix to the major ationary source's Title V 

Operati pem1it or as a permit note in the construction perm 

Th requirement that the owner or operator of a major stationary urce who 

nducts the actual-to--projected~actual test for a project that require a minor permit 

modification submit information in accordance with Sections /.8.4.a. th ugh 1.8.4.d., 

as set out in this Subsection 1.8.4., shall not be federally enforceable an hall not be 

incorporated into the state implementation plan. 

For any major stationary source requesting, or operating under, a Plant-wide Applicabili 

Umitation (as defined in Section lt.A.32.j for a regulated NSR pollutant, the major stationa 

source shall comply with the requirements of Section XV. of this part. 

II. Definitions 

I I.A. The following definitions apply specifically to the provisions r..ontained in this Part 0. 

The actual rate of emission o pollutant from an emissions unit, 

determin 

5 CCR 1001-.S CODE OF COLORADO REGULATIONS 
Page 120 

ILA.6.a. The actual emissions representative of sources in existence on the 

applicable minor source baseline date, except as othe!Wise provided in thi 

definition; and 

The allowable emissions from major stationary sources that c menced 

truction before the major source baseline date, but w not in operation 

by th plicable minor source baseline date. 

II.A.6.c. The following · not be included in the bas · e concentration and will affect 

the applicable rna · urn allowable incr e(s): 

ll.A.6.c.(ii) Actual 1ssion increases an ecreases at any stationary source 

occu · g after the minor source bas 

Initiation of sica/ on-site construction activities on an emissions unit that a a 

perman nature. Such activities include, but are not limited to, installation of bui · 

su rts and foundations, laying of underground pipe work, and construction of penna 

orage structures. With respect to a change in the method of operation, this term refers to 

those on·site activities other than preparatory activities that mark the initiation of tf1e change. 

IIA8. Best Available Control Technology (BACT) 

An emission limitation (including a visible emissions standard) based on the maximum 

degree of reduction of each regulated NSR pollutant that would be emitted from any 

proposed major stationary source or major modification that the Division or Commission, on a 

case-by-case basis. taking into account energy, environmental, and economic impacts and 

other costs, determines is achievable for such source or modification through application of 

proouction processes or available methods, systems, and techniques, including fuel cleaning 

or treatment or innovative fuel combustion techniques tor control of such pollutant. In no 

event shall application of the best available control technology result in emissions of any 

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

Federal Regulations, Title 40, Parts 60 and 61 (Regulation Number 6, Part A, and Regulation 

Number 8, Part A) as in effect on the effective date of this clause. but not including later 

amendments, unless such amendments are specifically incorporated by reference in 

accordance with the provisions of Colorado Revised Statutes Section 24-4-103 (12.5). 

Information as to the availability of such standards may be obtained from the Director, Air 

Pollution Control Division, Colorado Department of Public Health and Environment. 4300 

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

If the Division or Commission determines that technological or economic limitations on the 

application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, it may instead prescribe designs, equipment, 

work practices. operational standards or combination thereof, to satisfy the requirement for 

the application of best available control technology. Such standard shall, to the degree 

possible, set forth the emissions reduction achievable by implementation of such design, 

equipment. work practice or operation and shall provide for compliance by means that 

achieve equivalent results. 

5 CCR lO<H-5 CODE OF COI.ORADO REGULATIONS 
C•2Ul0 State of Colorado 

All Riglll.l; Reserved 

83 CR 22 and 2:3, 11·10 Page 121 

li.A.9. Clean Coal Technology 

ny technology, including technologies applied at the pre-combustion, combustion, or postmbustion stage, at a new or existing facility that will achieve significant reductions in air 

e · ssions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in e 

gen ation of electricity, or process steam which was not in widespread use as of Nov ber 

15, 1 0. 

an Coal Technology Demonstration Project 

A project usi funds appropriated under the heading "Department of Energy- lean Coal 

Technology," u to a total amount of $2.5 billion for commercial demonstrati n of clean coal 

technology, or si liar projects funded through appropriations for the U.S. A. The federal 

contribution for a q alifying project shall be at least twenty percent of th otal cost of the 

demonstration proj 

II.A.11. Complete 

In referenc-.e to an applicatio for a major NSR permit, an appli tion that contains all the 

information necessary for pro sing the application. Design ing an application complete 

for purposes of permit processi does not preclude the Di · ion from requesting or 

accepting any additional informal n. 

IIA 11.a. At a minimum. a co 1plete applicatio for a permit to construct a major 

source or major modi tion subjec o the requirements of this Part D shall 

include: 

pursuant to this regulation and an analysis of 

e with Section VI.A.3. of this part; 

Section VI.A.2. of this part. a written 

el, and a topographic presentation of 

IIA11.a.(iii) A report o the regulatory status of the 

VIII.A.1. ofP rtA; 

el pursuant to Section 

onstration that the proposed technolog al system of continuous 

em1Ss1 reduction that is to be used will enable su source to comply 

conti ously with the standards of performance that a to apply to such 

sou e and that the emission inputs to the model forth ·mpact analysis are 

e ivalent to the emissions allowed by such standards o erformance; 

li.A.1 .(v) A description of the devices or systems that will be instal d to monitor 

the emissions of each pollutant that will be emitted in significan amounts, 

maintaining such devices or systems, and the schedule and fo t for 

reporting the results of such emission monitoring to the Division; 

II.A.11.a.(vi) The additional impact analysis required by Section VI.A.6. of this rt. 

any demonstration of facts needed to establish a claim by the applicant 

qualify for any exemption or exclusion under Section VI. B. of this part; 

II.A.11.a.{vii) A schedule of construction in accordance with Section III.G.2. of Part B; 

CODE OF COLORADO REGULATIONS 5 CCR 1001..5 
i; 2010 Stale of Colorado 

A II KighLS Reserved 

33 CR 2:l and 23, ll-10 Pav,c 123 

ll.A.18. Innovative Control Technology 

ny system of air pollution control that has not been adequately demonstrated in practi , but 

w Id have a substantial likelihood of achieving greater continuous emissions reduct' n than 

any ontrol system in current practice or of achieving at least comparable reductio at lower 

cost in rms of energy, economics, or non-air quality environmental impacts. 

Any area other n high terrain. 

ingent rate of emissions based 

li.A.20.a. The most st ent emission limit con ned in any state implementation 

plan for such cia or category of sta · nary source, unless the owner or 

operator of the pro sed stationa ource demonstrates that such limits are 

not achievable; or 

!!.A.21. Major Emissions nit 

fi.A.21.a. A emissions unitthat emits or has the potentia emit one hundred tons 

p year or more of the PAL pollutant in an attainmen rea; or 

.b. Any emissions unit thai emits or has the potential to emt e PAL pollutant 

in an amount that is equal to or greater than the major stati ary source 

threshold (as defined in Section II.A.24. of this part) for the PA 1/utant for 

nonattainment areas. For example, in accordance with the defini of a 

major stationary source (as defined in Section /f.A.24.of this part), a 

emissions unit would be a major emissions unit for volatile organic 

compounds if the emissions unit is located in an ozone nonattainment a 

and emits or has the potential to emit one hundred or more tons of voc per 

ear. 

II.A.22. Major Modification 

Any physical change in or change in the method of operation of, or addition to, a major 

stationary source that would result in a significant mil emissions increase of a regulated NSR 

pollutant (taking into account all emissions decreases and increases at the source that would 

accompany the modification) and a significant net emissions increase of that pollutant from 

the major stationary source. 

II.A.22.a. Any significant emissions increase from any emissions units or net 

emissions increase at a major stationary source that is significant for volatile 

organic compounds or NOx shall be considered significant for ozone. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 1~4 

5 CCR 1001-5 

II.A.22.b. In the Denver Metropolitan PM1 0 nonattainment area. any net emission 

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

considered significant for PM10. 

ll.A22.c. A physical change or change in the method of operation shall not include 

routine maintenance, repair, and replacement 

IIA22.d. A physical change or change in the method of operation, unless previously 

limited by any enforceable or federally enforceable permit condition that was 

established after January 6, 1975 for sources in attainment or unclassifiable 

areas and after December 21, 1976 for sources in non attainment areas, shall 

not include: 

IIA22.d.(i) Use of an alternative fuel or raw material by reason of an 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 under the Power Plant and Industrial Fuel 

Use Act of 1978 (or any superseding legislation) or by reason of a 

natural gas curtailment plan in effect pursuant to the Federal Power 

Act; 

liA22.d.(ii) Use of an alternative fuel because of an order or rule under 

Section 125 of the Federal Act; 

II.A22.d.(iii) Use of an alternative fuel at a steam-generating unit to the 

extent that the fuel is generated from municipal solid waste 

IIA22.d.(iv) Use of an alternative fuel or raw material that: 

IIA22.d.(iv)(A) the stationary source in a nonattainment area was 

capable of accommodating prior to December 21, 1976, unless such change would be prohibited under a federally enforceable permit condition, or 

!IA22.d.(iv)(B) the stationary source in an attainment or unclassifiable area was capable of accommodating prior to January 6, 

1975 unless such change would be prohibited under a federally enforceable permit condition. or 

IIA22.d.(iv)(C) the source is approved to use under any permit issued under this Regulation Number 3. 

IIA22.d.(v) An increase in the production rate. unless such change would be 

prohibited under a federally enforceable permit condition: 

IIA22.d.(vi) An increase in the hours of operation, unless such increase 

would be prohibited under a federally enforceable permit condition; 

or 

IIA22.d.(vii) Any change in ownership of a stationary source. 

IIA22.d.(viii) The installation. operation, cessation. or removal of a 

temporary clean coal technology demonstration project, if the project 

complies with: 

CODE OF COLORADO REGULATIONS 
'!:) 20111 State ofColorado 

A 1l Ri)!hts Reser. cd 

33 CR 22 and 23, 11·10 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 main· 

tain the National Ambient Air Quality Standards during the 

project and after it is terminated. 

II.A.22.d.(ix) For major sta!1onary sources in attainment areas: 

II.A.22.d.(ix)(A) The installation or operation of a permanent clean 

coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant 

emitted by the unit. The exemption shall apply on a poilu· 

tant·by-pollutant basis. 

li.A.22.d.(ix)(B) the reactivation of a very clean coal fired electric 

utility steam generating unit. 

IIA22.d.(x) The reactivation of a very clean coal fired electric utility steam 

generating unit. 

ff.A.22.e. This definition shall not apply with respect to a particular regulated NSR 

pollutant when the major stationary source is complying with the 

requirements under Section XV. of this Part D for a PAL for that pollutant. 

Instead, the definition in Section ll.A.30. oftf1is part shall apply. 

II.A.22.f. Emissions caused by indirect sources of pollution, emissions from internal 

combustion engines on any vehicle, and emissions resulting from temporary 

construction or exploration activities shall be excluded ln determining 

whether a major modification will occur. 

Emissions from on-going construction are not considered to be temporary 

emissions, and are included in determining whether a major modification will 

occur. 

Fugitive emissions from the listed sources in Section II.A.24.a. and any other 

stationary source category that, as of August 7, 1980 was regulated under 

Sections 111 or 112 of the Federal Act (as adopted in Regulations Nos. 6, 

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

in calculating the potential to emit of the modification. 

li.A.24. Major Stationary Source 

II A24.a. For the purpose of determining whether a source in an attainment or 

undassffiable area is subject to the requirements of this Part D. major 

stationary source means: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 126 

5 CCR 1001-."i 

II.A.24.a.(i) Any of the following stationary sources of air pollutants that emits, 

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

any regulated NSR pollutant: 

II.A.24.a.(l)(A) Fossil fuel-fired steam electric plants of more than 

million British thermal units per hour heat input 

I!.A.24.a.(l)(B) Coal cleaning plants (with thermal dryers) 

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

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

able of charging more than 

I .A.24.a.{i){T) Secondary metal production plants 

IIA24.a.(i)(U) Chemical process plants 

II.A.24.a.(i){V} Fossil fuel boilers (or combinations thereof) tot ing 

more than 250 million British thermal units per hour he input 

11.A.24.a.(i)(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels 

CODE OF COLORAUO REGULATIONS 
~~ 2010 State ofColorndo 

>\ll Righl~ R~ser>cd 

:~a CR 22 and 23, 11-10 Page 1 '27 

ll.A.24.a.(ii) Notwithstanding the stationary source size specified in Section 

II.A.24.a.(i), any stationary source that emits, or has the potential to 

emit, two hundred and fifty tons per year or more of any regulated 

NSR pollutant. 

!I.A.24.b.For the purpose of determining whether a source in a nonattainment area is 

subject to the requirements of Section V. of this part, and whether a source in 

an attainment area affecting a nonattainment area is subject to the 

requirements of Section VI. D. of this part, major stationary source means any 

stationary source of air pollutants that emits, or has the potential to emit 100 

tons per year or more of any regulated NSR pollutant tor which the area is 

nonattainment Additionally, a source causing or contributing to a violation of 

a national ambient air quality standard for any pollutant regulated under 

Section 110 of the Federal Act shall be considered a major stationary source 

when it has the potential to emit one hundred tons per year or more of that 

pollutant. The source will be considered to cause or contribute to a vio!ation 

where the source exceeds the significance levels in the table under Section 

VLD.2. of this Part D. Such source is subject to the requirements of Section 

VI. of this Part D. 

!IA24.c.Major stationary source includes any physical change that would occur at a 

stationary source not otherwise qualifying as a major stationary source u r 

Sections IIA24.a and II.A.24.b. of this part, if the change would consti e a 

major stationary source by itself. 

IIA24.d.A ·or stationary source that is major for volatile organic co pounds or 

NOx s H be considered major for ozone, except that emis ons of negligibly 

reactive v tile organic compounds, as defined in the mon Provisions, 

shall not be 1 luded in the determination of major st onary source status 

for ozone. 

llA24.e.The fugitive emission of a stationary sour shall not be included in 

determining for any of th urposes of th' section whether i1 is a major 

stationary source, unless th ource ongs to one of the categories of 

stationary sources listed in Se · n A24.a.(i) or any other stationary source 

category which, as of August 7, 0, is regulated under Section 111 or 112 

of the Federal Act. 

ILA24.f.Emissions caused by i irect air pollution urces (as defined in Section 

!.8.24. of Part A oft · regulation), emissions m internal combustion 

engines on any v icle, and emissions resulting m temporary activities. 

such as const ction or exploration, shall be exclud in determining whether 

a source is major stationary source. Emissions from going construction 

are not nsidered to be temporary emissions and are inc 

dete ming whether a major modification will occur. 

IIA24 .. A major stationary source in the Denver Metro PM10 

attainment/maintenance area that is major for sulfur dioxide or nitroge 

oxides shalf be considered major for PM10. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
ll.A.36.b.(iv) In lieu of using the method set out in Sections li.A.36.b.(1) 

through /I.A.36.b. (iii), may elect to use the emissions unit's po tial 

to emit, in tons per year, as defined in Section f. B. 37. of P A of this 

regulation. 

Any physical change or cha in the method of operation ass · ed with the 

commencement of commercial rations by a coal-fired utir unit after a period of 

discontinued operation where the u · · 

ll.A.37.b. Was equipp rior to shut-down with a con· uous system of emissions 

control tha chieves a removal efficiency for sui dioxide of no less than 

eighty- percent and a removal efficiency for partie 

-eight percent 

.c. Is equipped with low-nitrogen oxide burners prior to the time o 

commencement of operations following reactivation; and 

IIA37.d. ls otherwise in compliance with the requirements of the Federal Act. 

IIA38. Regulated NSR Pollutant 

5 CCR 1001-5 

I.A.38.a. Nitrogen oxides or any volatile organic compound; 

II.A.38.b. llutant for which a national ambient air quality 

promulga 

.38.d. Any pollutant that is subject to any standard promulgated under 

111 of the Federal Act; 

II.A.38.e. Any pollutant that otherwise is subject to regulation under the Federal Act 

as defined in Section 1.8.44. or Part A; 

IIA38.f. Notwithstanding Sections II.A.38.a. through e. of this Part D, the term 

regulated NSR pollutant shall not include any or all hazardous air pollutants 

either listed in Section 112 of the Federal Act (that have not been delisted 

pursuant to Section 112(b ){3} of the Federal Act) or Appendix B of this 

regulation. unless the listed hazardous air pollutant is also regulated as a 

constituent or precursor of a general pollutant listed under Section 108 of the 

Federal Act. 

CODE OF COLORADO REGULATIONS 
t• 20 lO State oiT nlomdo 

All Rig)lt' R~ser\'ed 

IIA39 Replacement Unit 

33 GR 22 and 23, 11-10 Pagt• 133 

An emissions unit for which all the criteria fisted in Sections II.A39.a. through II.A.39.d. are 

met. No creditable emission reductions shall be generated from shutting down the existi 

missions unit that is replaced. 

II.A.39.a. The emissions unit is a reconstructed unit within the meaning of 

Federal Regulations Title 40, Section 60 15(b)(1 ), or the emissio 

completely takes the place of an existing emissions unit. 

39.b. The emissions unit is identical to or functionally equivalen 

emissions unit. 

I I.A. 39. . The replacement does Qot alter the basic design par. meters of the process 

II.A.39.d. The placed emissions unit is permanently re oved from the major 

station source, otherwise permanently disa ed, or permanently barred 

from ope tion by a permit that is enforceabl as a practical matter. If the 

replaced e 'ssions unit is brought back int operation, it shall constitute a 

new emissio unit. 

fi.A.40. Repowering 

ll.A.40.b. Repowerin hall also include any oil a lor gas-fired unit that have been 

awarded cl n coal technology demonstra · n funding as of January 1, 1991, 

by the De artment of Energy. 

II.A.40.5 Representati Actual Annual Emissions 

operational data, the company's own repre~ntations. fil!ngs wlth~t "'T="""'-";.;. 

federal regulatory authoritiel?. and compliance plans under Title IV o 

Federal Act: and 

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

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

Cong OF COLORADO REGULATIONS 5 CCR 1001-5