Regulation Number 3

ADMINISTRATIVE MATERIALS

Copies of the following administrative materials are included in this submittal of revisions to 

Regulation Number 3. Hearing held on December 20, 2012.

• Hearing Notice and Proposed Language as Published in the CCR and on the 

Commission Website the 40 CFR Part 51 Appendix V 2.1(f) Please disregard any 

materials related to Parts C, E, F, and G. These provisions were revised at the 

State level but not meant for inclusion into the Federal SIP. They are being 

included for informational purposes only.

• Meeting Agenda where Public Hearing Occurred and Notice published in the Legal 

Ads of the Denver Post 40 CFR Part 51 Appendix V 2.1(f)

• Procedural Documents of the Commission (this includes the Agenda Item Control 

Sheet, the Memorandum of Notice, the Economic Impact Analysis)

• Parties Hearing Documents (this includes a list of the parties, the parties prehearing 

statements and rebuttal statements, and any orders by the Commission - - do not 

include all the attachments from the parties)

• EPA Comments 40 CFR Part 51 Appendix V 2.1(h)

• Public Comments 40 CFR Part 51 Appendix V 2.1(h)

• Adopted Statement of Basis, Specific Statutory Authority and Purpose

• Adopted Language by the Commission (in redline & footer noting adoption date and 

page numbers) Please disregard any materials related to Parts C, E, F, and G.

These provisions were revised at the State level but not meant for inclusion into 

the Federal SIP. They are being included for informational purposes only.

• Colorado Air Quality Control Commission Meeting Minutes 40 CFR Part 51 

Appendix V 2.1(g)

• Legal Opinion of the Colorado State Attorney General 40 CFR Part 51 Appendix V 

2.1(c) and (e)

• Regulation or Regulation Revisions as published in the Colorado Code of Regulations 

(this is the version that is published by Lexis Nexis) 40 CFR Part 51 Appendix V 

2.1(b) Please disregard any materials related to Parts C, E, F, and G. These 

provisions were revised at the State level but not meant for inclusion into the 

Federal SIP. They are being included for informational purposes only.
Hearing Notice and Proposed Language

as Published in the CCR

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

John W. Hickenlooper, Governor

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

Dedicated to protecting and improving the health and environment of the people of Colorado

COLORADOAIR QUALITY CONTROL COMMISSION

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

4300 Cherry Creek Drive South, EDO-AQCC-A5

Denver, Colorado 80246-1530

Phone (303) 692-3100

Fax (303) 691-7702

TDD (303) 691-7700 

Colorado Department

of Public Health 

and Environment

NOTICE OF PUBLIC RULEMAKING HEARING

BEFORE THE 

COLORADO AIR QUALITY CONTROL COMMISSION

Regarding proposed revisions to:

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

SUBJECT:

The Air Quality Control Commission will hold a rulemaking hearing to consider revisions to 

Regulation Number 3. The proposed changes will clarify, streamline, and correct sections of 

Parts A, B, C, D, and Appendix B of Part A. These revisions are administrative in nature and 

necessary for accuracy, efficiency, and conformity with the federal New Source Review (“NSR”) 

Program and the federally approved State Implementation Plan (“SIP”). The revisions to 

Regulation Number 3, Parts A, B, D, and Appendix B are SIP revisions. The Title V Operating 

Permitting Program in Regulation Number 3, Part C is a delegated program; thus, revisions to 

Part C are not SIP revisions. Further, the proposed revisions will correct any typographical, 

grammatical, and formatting errors found through the regulation.

HEARING SCHEDULE:

DATE: December 20, 2012

TIME: 9:00 AM

PLACE: Colorado Department of Public Health and Environment

4300 Cherry Creek Drive South, Sabin Conference Room

Denver, CO 80246

The hearing may be continued at such places and time as the Commission may announce. Interested 

parties may contact the Commission Office at 303-692-3476 to confirm meeting dates and times.
PUBLIC COMMENT:

The Commission encourages all interested persons to provide their views either orally at the 

hearing or in writing prior to or at the hearing. The Commission especially solicits comments 

and analyses from persons who will incur directly some cost or benefit from the proposed 

revisions. Public testimony will be taken as close to the start of the hearing as possible and 

during the hearing as necessary. Written and/or electronic submissions are requested, but not 

required to be submitted prior to the hearing to allow review prior to presentation at the hearing. 

Written and/or electronic submissions should be mailed to the Commission Office at least 14 

days prior to the hearing.

PARTY STATUS:

In order to obtain party status at the hearing, compliance with several requirements as defined in 

the Commissions Procedural Rules is necessary. A petition for party status must be filed by 

electronic mail with the Office of the Air Quality Control Commission no later than close of 

business on October 19, 2012. The petition must: 1) identify the applicant; 2) provide the name, 

address, telephone and facsimile numbers, and email address of the applicants representative; 

and 3) briefly summarize what, if any, policy, factual, and legal issues the applicant has with the 

proposal(s) as of the time of filing the application. Electronically mailed copies must also be 

received, by this same date, by the Division staff person and the Assistant Attorneys General 

representing the Division and the Commission identified below. 

Any person may petition the Commission to file documents in paper copy format if they are 

unable for any reason to comply with the requirements of 1.3.8(2) of the Commission’s 

Procedural Rules. An original and a specified number of paper copies must be filed in the Office 

of the Air Quality Control Commission, Colorado Department of Public Health and 

Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246. Individuals may also 

obtain party status through the submittal of an initial alternative rule to the proposed rule. The 

submittal of an alternative proposal must be accompanied by an electronic copy of the initial 

alternative proposed rule and all other associated documents as required by the Commission’s 

procedural rules and must be filed by electronic mail with the Office of the Commission by the 

date specified for party status requests. Initial alternative rules must also be filed by electronic 

mail with the Division staff person and with each of the Assistant Attorneys General.

Theresa L. Martin Leah Martland

Air Quality Control Commission Air Pollution Control Division

4300 Cherry Creek Drive South, EDO-AQCC-A5 4300 Cherry Creek Drive South, APCD-B1

Denver, CO 80246 Denver, CO 80246

Theresa.Martin@state.co.us Leah.Martland@state.co.us

Attorney for the Commission Attorneys for the Division

Andrea Gelfuso-Goetz Erin Overturf

Attorney General’s Office Attorney General’s Office

1525 Sherman Street, 7th Floor 1525 Sherman Street, 7th Floor

Denver, CO 80203 Denver, CO 80203

Andrea.Goetz@state.co.us Erin.Overturf@state.co.us
Requests received beyond the above stated deadline shall only be considered upon a written 

motion for good cause shown. The Commission reserves the right to deny party status to anyone 

that does not comply with the Commission’s procedural rules.

STATUS CONFERENCE:

A status conference will be held October 26, 2012 at 11:00 a.m., at the Department of Public 

Health and Environment to ascertain and discuss the issues involved, and to ensure that parties 

are making all necessary efforts to discuss and resolve such issues prior to the submission of 

prehearing statements. Attendance at this status conference is mandatory for anyone who has 

requested party status.

PREHEARING CONFERENCE/PREHEARING STATEMENTS:

Attendance at the prehearing conference is mandatory for all parties to this hearing. A 

prehearing conference will be held November 20, 2012 at 11:00 a.m. in the Commission 

Offices at 4300 Cherry Creek Drive South, Denver. All parties must submit by electronic mail a 

prehearing statement to the Commission Office by close of business November 13, 2012. In 

addition, electronically mailed copies of these documents must be delivered by that date to all 

persons who have requested party status. A copy of the prehearing statement must also be 

electronically mailed to the Division point of contact and each of the Assistant Attorneys General 

identified above by close of business November 13, 2012. Any revisions to the prehearing 

statement must be submitted to the Administrator of the Commission at the prehearing 

conference and by electronic mail to the Commission Office on the day of the prehearing 

conference. Any exhibit included in the prehearing statements will be electronically mailed to 

individual Commissioners for review prior to the hearing, provided the party files electronic 

copies of such exhibit. Rebuttals to the prehearing statement may be submitted to the 

Commission Office and all other parties by close of business November 27, 2012. 

EXCEPTIONS TO FILE DOCUMENTS BY ELECTRONIC MAIL:

The Commission’s Procedural Rules provide for an exception to file documents by electronic 

mail. If granted an exception to electronic filing pursuant to the provisions of 1.3.8(3) of the 

Commission’s Procedural Rules, the applicant for party status shall file an original and fifteen 

copies of the prehearing statement in the Office of the Air Quality Control Commission, and 

shall also deliver copies to each other party, applicant for party status, the Assistant Attorneys 

General representing the Commission and Division, and the Division staff person for the 

proceedings, by electronic mail or as otherwise provided by the exception granted under 

Subsection 1.3.8(3), by that same day.

STATUTORY AUTHORITY FOR THE COMMISSION'S ACTIONS:

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(a), 25-7-201 

through 25-7-206, 25-7-210, 25-7-301, and 25-7-302, C.R.S. authorize the Air Quality Control 

Commission (“Commission”) to promulgate a comprehensive State Implementation Plan (“SIP”) 

which will assure attainment and maintenance of national ambient air quality standards 

(“NAAQS”) and prevent significant deterioration (“PSD”) of air quality in conformance with the 

Federal and Colorado Acts. 
Section 25-7-105(1)(c) further states that definitions used in the PSD program shall not differ 

from definitions pertaining to the federal PSD program in the Clean Air Act Section 169. 

Section 25-7-105(12) authorizes the Commission to promulgate regulations necessary to 

implement the provisions of the emission notice, construction permit, and Title V programs. 

Section 25-7-106(7)(a) authorizes the Commission to develop a program to apply and enforce 

relevant provisions of the SIP including the imposition of any fees necessary to administer the 

program. Section 25-7-114.4 authorizes the Commission to promulgate regulations necessary 

and proper for the orderly and effective administration of construction permits and renewable 

operating permits. And, Section 25-7-114.5 authorizes the Commission to designate which 

projects or activities requiring a construction permit application warrant public comment.

The rulemaking hearing will be conducted in accordance with Sections 24-4-103 and 25-7-110, 

110.5 and 110.8 C.R.S., as applicable and amended, the Procedural Rules of the Commission and 

as otherwise stated in this notice. This list of statutory authority is not intended as an exhaustive 

list of the Commission’s statutory authority to act in this matter.

Dated this 21st day of September 2012 at Denver, Colorado

Colorado Air Quality Control Commission

Michael Silverstein, Administrator
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Air Quality Control Commission

REGULATION NUMBER 3

STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE 

REQUIREMENTS

5 CCR 1001-5

Outline of Regulation

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING

PART B CONCERNING CONSTRUCTION PERMITS

PART C CONCERNING OPERATING PERMITS

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION

PART E RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS

PART F REGIONAL HAZE LIMITS - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) 

AND REASONABLE PROGRESS (RP)

PART G STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

Regulation Number 3 

Style Guide

Many provisions of this Regulation Number 3 have been approved by the U.S. EPA for incorporation into 

Colorado’s State Implementation Plan (SIP). Some provisions are currently under review by the U.S. 

EPA. The following guide to the font styles used in this Regulation Number 3 can be used to identify 

those provisions that have been adopted by the Air Quality Control Commission and are currently under 

review by the U.S. EPA.

* Italicized text will become effective when the U.S. EPA approves that language for incorporation into the 

state implementation plan

* Underlined text

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING

will be effective until the U.S. EPA approves the italicized text for incorporation into the 

state implementation plan

I. Applicability
I.A. The provisions of this Part A shall apply statewide to all sources of air pollutants except as 

otherwise provided herein.

The portions of Regulation Number 3 printed in italics are not effective until the date on which the U.S. 

EPA promulgates a final rule adopting the revisions to Regulation Number 3 as a permanent part of the 

state implementation plan.

All sources of air pollutants that have previously obtained an emissions permit (prior to July 1, 1992) or a 

construction permit, and are subject only to the Part B Construction Permit Program, may choose to 

reapply for a new construction permit pursuant to Part B of this Regulation Number 3 in order to obtain 

the operational flexibility provided in Section IV. of this Part A, or to obtain federally enforceable 

limitations to limit the source's potential to emit ("synthetic minor"). Sources of air pollutants that are 

subject only to the Part B Construction Permit Program may voluntarily apply for an Operating Permit 

pursuant to Part C. 

Pursuant to Colorado Revised Statutes Section 24-4-103 (12.5), materials incorporated by reference are 

available for public inspection during normal business hours, or copies may be obtained at a reasonable 

cost from the Technical Secretary of the Air Quality Control Commission (the Commission), 4300 Cherry 

Creek Drive South, Denver, Colorado 80246-1530, or may be examined at the State Publications

Depository and Distribution Center. The material incorporated by reference is also available through the 

United States Government Printing Office, online at www.gpo.gov/fdsys. Materials incorporated by 

reference are those editions in existence as of the date of this regulation as promulgated or revised by the 

Commission and references do not include later amendments to or editions of the incorporated materials.

I.B. Definitions

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I.B.7. Allowable Emissions 

The emissions rate of a stationary source calculated using the maximum rated capacity of the 

source (unless the source is subject to federally enforceable, or enforceable as a practical matter,

permit conditions that restrict the operating rate or hours of operation, or both) and the most 

stringent of the following:

I.B.7.a. The applicable standards promulgated pursuant to the Federal Act for new 

source performance or hazardous air pollutants;

I.B.7.b. The applicable Colorado Emission Control Regulation; or

I.B.7.c. The emissions rate specified as a federally enforceable, or enforceable as a

practical matter, permit condition, including those with a future compliance date.

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I.B.14. Continuous Emissions Monitoring System (CEMS)

All of the equipment that is required to meet the data acquisition and availability requirements of 

Part D of this Regulation or of a permit issued in accordance with Parts B or C of this regulation, 

to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous 

basis.

I.B.15. Continuous Emissions Rate Monitoring Systems (CERMS)
The total equipment required for the determination and recording of the pollutant mass emissions 

rate (in terms of mass per unit of time).

I.B.16. Continuous Parameter Monitoring System (CPMS)

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

D of this Regulation, to monitor process and control device operational parameters (for example, 

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

flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a 

continuous basis.

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I.B.28. Modification 

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

not meet the definition of major modification (as defined in Section II.A.2322. of Part D of this 

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

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

previously not emitted. The following exceptions apply: 

I.B.28.a. Routine maintenance, repair, and replacement shall not be considered a physical 

change; 

I.B.28.b. Unless previously limited by enforceable permit terms and conditions, the following shall 

not be considered to be a change in the method of operation: 

I.B.28.b.(i) An increase in the production rate if such increase does not exceed the design 

capacity of the source and does not lead to emissions in excess of the emission 

standards; 

I.B.28.b.(ii) An increase in the hours of operation that does not lead to emissions in excess of the 

emission standards.

I.B.28.b.(iii) Use of an alternative fuel or raw material by reason of an order in effect under 

Sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act 

of 1974 (or any superseding legislation), a prohibition under the Federal Power Plan and 

Industrial Fuel Act of 

1978 (or any superseding legislation) or by reason of a natural gas curtailment plan in effect 

pursuant to the Federal Power Act; 

I.B.28.b.(iv) Use of an alternative fuel by reason of an order or rule under Section 125 of the 

Federal Act; or 

I.B.28.b.(v) Change in ownership of the source.

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I.B.31.d. (State-only Requirements) Non-road engines co-located at an existing major 

source of nitrogen oxides and or sulfur dioxide

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I.B.38. Predictive Emissions Monitoring System (PEMS)
All of the equipment necessary to monitor process and control device operational parameters (for 

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

example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions 

rate (for example, lb/hr) on a continuous basis.

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I.B.43. Stationary Source 

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

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

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

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

directly from an internal combustion engine for transportation purposes or from a non-road engine 

as defined in Section I.B.29. of this Part shall not be considered a stationary source. Building, 

structures, facilities, equipment, and installations shall be considered to belong to the same 

industrial grouping if they belong to the same major groups (i.e., have the same two-digit codes) 

as described in the Standard Industrial Classification Manual, 1987, but not later amendments. 

See National Technical Information Service, Order Number PB 87-100012. The manual is

available for examination at the office of the Director of the Air Pollution Control Division, 

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

Colorado 80246-1530. 

for Affected Source see Section I.A.1. of Part C 

for Existing Source, see Section I.B.20. of Part A 

for Indirect Source, see Section I.B.24. of Part A 

for Major Source, see Section I.B.25. of Part A 

for Major Stationary Source, see Section II.A.2624. of Part D 

for Minor Source, see Section I.B.26. of Part A 

for Mobile Source, see Section I.B.27. of Part A 

for New Source, see Section I.B.29. of Part A 

for Portable Source, see Section I.B.36. of Part A 

for Temporary Source, see Section I.B.45. of Part A 

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II.D. Exemptions from Air Pollutant Emission Notice Requirements 

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

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

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

Regulation Number 8 (Hazardous Air Pollutants), Parts A, C, D, and E. However, Air Pollutant 

Emission Notices need not be filed for wet screening operations subject to Subpart OOO of the 

New Source Performance Standards if the exemption in Section II.D.1.cccc. is applicable.

II.D.1.dddd. Non-road engines as defined in Section I.B.2931. of this Part A, except certain nonroad engines subject to state-only air pollutant emission notice and permitting requirements 

pursuant to Section I.B.2931.c. and d. of this part.

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V. Certification And Trading Of Emission Reduction Credits Offset And Netting Transactions

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V.I. Netting Transactions

V.I.1. Netting may exempt modifications of existing major sources from certain pre-construction 

permit requirements under new source review, so long as there is no significant net 

emission increase, as net emissions increase is defined in Section II.A.26. of Part D of 

this regulation. By netting out, the modifications is not considered major and therefore 

not subject to pre-construction permit requirements for major modifications as follows:

V.I.1.a. Section VI. of Part D of this regulation, for prevention of significant deterioration;

V.I.1.b. Visibility analysis; and

V.I.1.c. Section V.A. of Part D of this regulation, for nonattainment new source review.

V.I.2. The Division shall grant such an exemption if the emissions reduction qualifies as an 

Emission Reduction Credit under Regulation Number 5 3 meets the criteria in Section 

V.E., for certification, and the difference between the amount of the certified emissions 

reduction, and the amount of new pollutants to be emitted from the new or modified 

facility, does not constitute a significant increase of pollutants.

V.I.3. An increase of pollutants shall be considered significant if it equals or exceeds the 

amounts specified in the definition of significant in Part D of this regulation.

VI. Fees

VI.A. General

VI.A.1. Every person required to obtain a Construction or Operating Permit or to file an Air 

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

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

processing permit applications, issuing permits, and in conducting a compliance 

monitoring and enforcement program. Such fees shall apply without regard to whether a 

permit is issued, denied, withdrawn, or revoked. Fees shall be charged as indicated in 

Section VI.D. of this part.

VI.B. Permit Processing Fees

VI.B.1. Applicants for a permit shall be assessed total fees that shall be partially determined at 

the time that the Division makes its decision whether to issue preliminary approval of the 

permit and partially at the time the Division makes its decision whether to issue final 

approval. 

VI.B.2. The partial fee collected at the time the Division makes its decision whether to issue 

preliminary approval of the permit shall include the costs associated with the preliminary 

engineering evaluation, modeling, and analysis of impact on ambient air quality, notice 

and publication requirements, and such other costs as are required for the 

aforementioned activities incurred by the Division up to the time of the decision of 

whether to issue preliminary approval.

VI.B.3. The final fee collected at the time the Division makes its decision of whether to issue final 

approval shall include the balance of the total of all costs associated with enforcement of 

any terms and conditions of the emission permit, the supervision of compliance testing, 

notice and publication requirements, and such other costs as are required for the 

processing, issuance, and administration of the permit.
VI.B.4. If the Division requires more than thirty hours to process an application, the Division shall 

inform the owner or operator of the source and provide an estimate of what the actual 

charges may be, prior to commencing with processing of the application, unless the 

owner or operator waives this requirement in writing.

VI.B.5. All permit processing fees assessed must be received within thirty days of the date of 

receipt of the written request therefore. All fees collected under this regulation shall be 

made payable to the Colorado Department of Public Health and Environment. 

Construction permits shall not be issued until all such fees have been paidmay be issued

prior to the Division’s receipt of such fees. Failure to pay the permit processing fees 

within ninety days of the written request for fees may result in late fees or revocation of 

the permit. Permits issued in accordance with Part C of this regulation may be issued 

upon approval by the Division of a fee payment schedule.

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APPENDIX B

Non-criteria Reportable Pollutants (Sorted alphabetically by BIN)

Note: HAP means federal, or federal and state hazardous air pollutant

HAPs means state-only hazardous air pollutant

CAS Toxics BIN

HAP 79345 1,1,2,2-Tetrachloroethane A

HAP 79005 1,1,2-Trichloroethane A

HAP 75354 1,1-Dichloroethylene (Vinylidene 

chloride)

A

HAP 57147 1,1-Dimethyl hydrazine A

HAP 120821 1,2,4-Trichlorobenzene A

HAP 96128 1,2-Dibromo-3-chloropropane A

HAP 122667 1,2-Diphenylhydrazine A

HAP 106887 1,2-Epoxybutane A

HAP 75558 1,2-Propylenimine (2-Methyl aziridine) A

HAP 106990 1,3-Butadiene A

HAP 542756 1,3-Dichloropropene A

HAPs 55981 1,4-Butanediol dimethanesulphonate A

HAP 106467 1,4-Dichlorobenzene A
HAPs 7644410 1,4-Dichloro-2-butene A

HAP 123911 1,4-Dioxane (1,4-Diethyleneoxide) A

HAP 1746016 2,3,7,8-TCDD (Dioxin) A

HAP 88062 2,4,6-Trichlorophenol A

HAP 94757 2,4-D, salts and esters (2,4-

Dichlorophenoxyacetic acid)

A

HAP 51285 2,4-Dinitrophenol A

HAP 121142 2,4-Dinitrotoluene A

HAP 584849 2,4-Toluene diisocyanate A

91087 2,6-Toluene diisocyanate A

HAP 532274 2-Chloroacetophenone A

HAP 79469 2-Nitropropane A

HAP 119937 3,3'-Dimethyl benzidine A

HAP 91941 3,3-Dichlorobenzidene A

HAP 119904 3,3-Dimethoxybenzidine A

HAP 101144 4,4-Methylene bis (2-chloroaniline) A

HAP 101779 4,4-Methylenedianiline A

HAP 534521 4,6-Dinitro o-cresol, and salts A

HAP 92671 4-Aminobiphenyl A

HAP 75070 Acetaldehyde A

HAP 75058 Acetonitrile A

HAP 107028 Acrolein A

HAP 79061 Acrylamide A

HAP 79107 Acrylic acid A

HAP 79107 Acrylic acid A

HAP 107131 Acrylonitrile A
HAPs 1402682 Aflatoxins A

116063 Aldicarb (Temik) A

HAPs 309002 Aldrin A

107186 Allyl alcohol A

HAP 107051 Allyl chloride A

20859738 Aluminum phosphide A

HAP 62533 Aniline A

HAP 0 Antimony compounds A

86884 ANTU (alpha-naphthylthiourea) A

HAP 0 Arsenic compounds A

HAP 1332214 Asbestos A

HAP 71432 Benzene A

HAP 92875 Benzidine (p-Diamino diphenyl) A

HAP 98077 Benzotrichloride A

HAP 100447 Benzyl chloride, 

(Chloromethyl)benzene

A

HAP 0 Beryllium compounds A

HAP 542881 Bischloromethyl ether A

HAP 117817 Bis(2-ethylhexyl) phthalate (DEHP) 

(Dioctyl phthalate)

A

7726956 Bromine A

HAP 75252 Bromoform A

HAP 0 Cadmium compounds A

HAP 156627 Calcium cyanamide A

HAP 133062 Captan A

1563662 Carbofuran A

HAP 75150 Carbon disulfide A

HAP 56235 Carbon tetrachloride A
HAP 120809 Catechol A

HAP 133904 Chloramben (3-amino-2,5-dichloro 

benzoic acid)

A

HAP 57749 Chlordane A

HAP 7782505 Chlorine A

HAP 79118 Chloroacetic acid A

HAP 108907 Chlorobenzene A

107073 Chloroethanol A

HAP 67663 Chloroform (Trichloromethane) A

HAP 107302 Chloromethyl methyl ether A

HAP 126998 Chloroprene (2-Chloro-1,3-butadiene) A

HAP 0 Chromium compounds (incl. 6+ 

compounds, etc.)

A

HAP 0 Cobalt compounds (as cobalt metal 

dust and fumes)

A

HAP 0 Coke Oven Emissions A

HAP 1319773 Cresylic acid/Cresols A

4170303 Crotonaldehyde A

123739 Crotonaldehyde (E) A

HAP 98828 Cumene A

HAP 0 Cyanide compounds A

HAP 3547044 DDE 

(Dichlorodiphenyldichloroethylene)

A

8065483 Demeton A

HAP 334883 Diazomethane A

19287457 Diborane A

HAP 111444 Dichloroethyl ether (Bis(2-

chloroethyl)ether)

A

HAP 62737 Dichlorvos A
141662 Dicrotophos A

HAPs 60571 Dieldrin A

HAP 111422 Diethanolamine A

115264 Dimefox A

60515 Dimethoate A

HAP 77781 Dimethyl sulfate A

HAP 68122 Dimethylformamide A

78342 Dioxathion A

152169 Diphosphoramide, octamethyl A

298044 Disulfoton A

115297 Endosulfan A

72208 Endrin A

HAP 106898 Epichlorohydrin (1-Chloro-2,3-

epoxypropane)

A

563122 Ethion A

HAP 140885 Ethyl acrylate A

HAP 106934 Ethylene dibromide (1,2-

Dibromoethane)

A

HAP 107062 Ethylene dichloride (1,2-

Dichloroethane)

A

HAP 151564 Ethylene imine (Aziridine) A

HAP 75218 Ethylene oxide A

HAP 96457 Ethylene thiourea A

22224926 Fenaminophos (Fenamiphos) A

115902 Fensulfothion A

HAP 0 Fine mineral fibers A

944229 Fonofos A

HAP 50000 Formaldehyde A
110009 Furan A

HAP 0 Glycol ethers A

HAP 76448 Heptachlor A

HAP 118741 Hexachlorobenzene A

HAP 87683 Hexachlorobutadiene A

HAP 77474 Hexachlorocyclopentadiene A

HAP 67721 Hexachloroethane A

HAP 822060 Hexamethylene-1,6-diisocyanate A

HAP 302012 Hydrazine A

HAP 7647010 Hydrochloric acid (Hydrogen chloride) A

HAP 7664393 Hydrogen fluoride (Hydrofluoric acid) A

7783064 Hydrogen sulfide A

465736 Isodrin A

HAP 78591 Isophorone A

4098719 Isophorone diisocyanate A

HAP 0 Lead compounds (except elemental 

lead)

A

HAP - Lindane (all isomers of 

hexachlorocyclohexane)

A

HAP 0 Manganese compounds A

950107 Mephosfolan A

HAP 0 Mercury compounds A

126987 Methacrylonitrile A

10265926 Methamidophos A

950378 Methidathion A

HAP 72435 Methoxychlor A

86500 Methyl azinphos A

HAP 74839 Methyl bromide (Bromomethane) A
HAP 74873 Methyl chloride (Chloromethane) A

HAP 60344 Methyl hydrazine A

HAP 74884 Methyl iodide (Iodomethane) A

HAP 624839 Methyl isocyanate A

74931 Methyl mercaptan (Methanethiol) A

HAP 75092 Methylene chloride (Dichloromethane) A

HAP 101688 Methylene diphenyl diisocyanate (MDI) A

7786347 Mevinphos A

505602 Mustard gas (Dichlorodiethyl sulfide) A

HAP 121697 N,N-Diethyl aniline (N,NDimethylaniline)A

HAP 0 Nickel compounds (incl. nickel 

subsulfide)

A

54115 Nicotine A

7697372 Nitric acid A

HAP 98953 Nitrobenzene A

HAPs 55185 N-Nitrosodiethylamine A

HAP 62759 N-Nitrosodimethylamine A

HAPs 924163 N-Nitroso-di-n-butylamine A

HAP 90040 o-Anisidine A

HAP 95534 o-Toluidine A

1910425 Paraquat A

2074502 Paraquat methosulfate A

HAP 56382 Parathion A

298000 Parathion-methyl A

HAP 82688 Pentachloronitrobenzene 

(Quintobenzene)

A

HAP 87865 Pentachlorophenol A
HAP 127184 Perchloroethylene 

(Tetrachloroethylene)

A

HAPs 122601 Phenyl glyceryl ether (3 phenoxy 1,2 

propanediol)

A

298022 Phorate A

HAP 75445 Phosgene A

HAP 7803512 Phosphine A

HAP 7723140 Phosphorous A

HAP 1336363 Polychlorinated biphenyls (PCBs) 

(Aroclors)

A

HAP 0 Polycylic Organic Matter A

HAP 57578 Propiolactone, beta A

HAP 114261 Propoxur (Baygon) A

HAP 78875 Propylene dichloride (1,2-

Dichloropropane)

A

HAP 75569 Propylene oxide A

HAP 106445 p-Cresol A

HAP 91225 Quinoline A

HAP 106514 Quinone A

HAP 0 Radionuclides (including radon) A

HAP 0 Selenium compounds A

62748 Sodium fluoroacetate A

131522 Sodium pentachlorophenate A

57249 Strychnine A

3689245 Sulfotep A

13494809 Tellurium A

107493 TEPP (Tetraethyldithiopyrophosphate) A

13071799 Terbufos A

509148 Tetranitromethane A
 - Thallium compounds A

108985 Thiophenol (Phenyl mercaptan) A

HAP 8001352 Toxaphene (Camphechlor) A

HAP 121448 Triethylamine A

HAP 1582098 Trifluralin A

HAP 593602 Vinyl bromide A

HAP 75014 Vinyl chloride A

81812 Warfarin A

129066 Warfarin sodium A

1314847 Zinc phosphide A

HAP 1120714 1,3-Propane sultone B

HAP 95807 2,4-Toluene diamine B

HAPs 132274 2-Biphenylol sodium salt B

HAPs 60153493 3-(N-Nitrosomethylamine) 

(Propionitrile)

B

HAP 60355 Acetamide B

7664417 Ammonia B

HAPs 115286 Chlorendic acid B

HAPs 108171262 Chlorinated paraffins (C12, 60% 

chlorine)

B

HAP 510156 Chlorobenzilate (ethyl-4,4'-

dichlorobenzilate)

B

HAPs 117102 Chrysazin (Dorbane) B

HAPs 2646175 CI Solvent Orange 2 B

1464535 Diepoxybutane B

HAP 64675 Diethyl sulfate B

1642542 Diethylchlorophosphate B

HAP 60117 Dimethyl aminoazobenzene B
HAP 79447 Dimethyl carbamoyl chloride B

HAPs 2475458 Disperse Blue 1 B

HAP 51796 Ethyl carbamate (Urethane) B

HAP 75343 Ethylidene dichloride (1,1-

Dichloroethane)

B

144490 Fluoracetic acid B

HAP 680319 Hexamethylphosphoramide B

55914 Isofluorphate B

HAPs 64091914 Ketone, 3-pyridyl-3-(N-methyl-Nnitrosoamino) propylB

16752775 Methomyl B

79221 Methyl chloroformate B

HAP 108101 Methyl isobutyl ketone (MIBK) 

(Hexone)

B

HAPs 78988 Methylglyoxal B

HAP 108394 m-Cresol B

HAP 91203 Naphthalene B

HAPs - Nitrilotriacetic acid, Ca-, Na-, K salts B

HAP 59892 N-Nitrosomorpholine B

HAP 684935 N-nitroso-N-methylurea B

23135220 Oxamyl B

HAP 95487 o-Cresol B

732116 Phosmet B

HAP 85449 Phthalic anhydride B

107448 Sarin B

7664939 Sulfuric acid B

77816 Tabun B

110576 Trans 1,4-dichlorobutene B
HAP 71556 1,1,1-Trichloroethane (Methyl 

chloroform)

C

HAP 540841 2,2,4-Trimethylpentane C

540885 Tertiary Butyl Acetate C

HAP 95954 2,4,5-Trichlorophenol C

HAP 53963 2-Acetylaminofluorene C

HAP 92933 4-Nitrobiphenyl C

HAP 100027 4-Nitrophenol C

HAP 98862 Acetophenone C

814686 Acrylyl chloride C

54626 Aminopterin C

78535 Amiton C

3734972 Amiton oxalate C

88051 Aniline,2,4,6-Trimethyl C

1397940 Antimycin A C

HAP 92524 Biphenyl C

534076 Bis(chloromethyl)ketone C

10294345 Boron trichloride C

28772567 Bromodiolone C

HAP 63252 Carbaryl C

HAP 463581 Carbonyl sulfide C

786196 Carbophenothion C

470906 Chlorfenvinfos C

24934916 Chlormephos C

3691358 Chlorophacinone C

1982474 Chloroxuron C

21923239 Chlorthiophos C
56724 Coumaphos C

5836293 Coumatetralyl C

535897 Crimidine C

675149 Cyanuric fluoride C

66819 Cyclohexamide C

108918 Cyclohexylamine C

919868 Demeton-s-methyl C

10311849 Dialifor C

HAP 132649 Dibenzofurans C

HAP 84742 Dibutyl phthalate C

149746 Dichloromethylphenylsilane C

HAP 131113 Dimethyl phthalate C

75183 Dimethyl sulfide (Methyl sulfide) C

2524030 Dimethylphosphorochloridothioate C

99989 Dimethyl-p-phenylenediamine C

644644 Dimetilan C

1420071 Dinoterb C

82666 Diphacinone C

541537 Dithiobiuret C

2778043 Endothion C

13194484 Ethoprophos (Ethoprop) C

2642719 Ethyl azinphos C

HAP 100414 Ethyl benzene (Phenylethane) C

538078 Ethyl bis (2-chloroethyl)amine C

HAP 75003 Ethyl chloride (Chloroethane) C

107153 Ethylene diamine C
371620 Ethylene fluorohydrin C

HAP 107211 Ethylene glycol C

542905 Ethylthiocyanate C

122145 Fenitrothion C

4301502 Fluenetil C

7782414 Fluorine C

640197 Fluoroacetamide C

359068 Fluoroacetyl chloride C

23422539 Formotanate hydrochloride C

2540821 Formothion C

17702577 Formparanate C

21548323 Fosthietan C

3878191 Fuberidazole C

4835114 Hexamethylenediamine, N,N-dibutyl C

HAP 110543 Hexane C

HAP 123319 Hydroquinone C

297789 Isobenzan C

108236 Isopropyl chlorformate C

625558 Isopropyl formate C

119380 Isopropylmethylpyrazolyl 

dimethylcarbamate (Isolan)

C

21609905 Leptophos C

HAP 108316 Maleic anhydride C

HAP 67561 Methanol (Methyl alcohol) C

2032657 Methiocarb C

624920 Methyl disulfide C

556616 Methyl isothiocyanate C
HAP 80626 Methyl methacrylate C

3735237 Methyl phenkapton C

78944 Methyl vinyl ketone (3-butene-2-one) C

315184 Mexacarbate C

HAP 1634044 MTBE (Methyl tertiary butyl ether) C

HAP 108383 m-Xylene C

1122607 Nitrocyclohexane C

991424 Norbormide C

HAPs 615532 N-nitroso-N-methylurethane C

2497076 Oxydisulfoton C

 - Ozone depleting compounds (CFC, 

etc.)

C

HAP 95476 o-Xylene C

79210 Peracetic acid C

HAP 108952 Phenol C

64006 Phenol,3-(1-methylethyl)-

methylcarbamate

C

947024 Phosfolan C

13171216 Phosphamidon C

110894 Piperidine C

23505411 Pirimifos-ethyl C

2631370 Promecarb C

106967 Propargyl bromide C

HAP 123386 Propionaldehyde C

140761 Pyridine, 2-methyl-5-vinyl C

53558251 Pyriminil C

HAP 106503 p-Phenylenediamine C

HAP 106423 p-Xylene C
60413 Strychnine sulfate C

HAP 100425 Styrene C

HAP 96093 Styrene oxide C

7446119 Sulfur trioxide C

297972 Thionazin (O,O-Diethyl-O-(2-

pyrazinyl)phosphorothioate)

C

79196 Thiosemicarbizide C

HAP 7550450 Titanium tetrachloride C

HAP 108883 Toluene C

HAP 79016 Trichloroethylene (TCE) C

555771 Tris(2-chloroethyl)amine C

2001958 Valinomycin C

HAP 108054 Vinyl acetate C

HAP 1330207 Xylene (and mixed isomers) C

28347139 Xylylene dichloride C

APPENDIX B

Non-criteria Reportable Pollutants (Sorted by CAS Number)

Note: HAP means federal, or federal and state hazardous air pollutant

HAPs means state-only hazardous air pollutant

CAS Toxics BIN

HAP - Lindane (all isomers of 

hexachlorocyclohexane)

A

 - Thallium compounds A

HAPs - Nitrilotriacetic acid, Ca-, Na-, K salts B

 - Ozone depleting compounds (CFC, 

etc.)

C

HAP 0 Antimony compounds A
HAP 0 Arsenic compounds A

HAP 0 Beryllium compounds A

HAP 0 Cadmium compounds A

HAP 0 Chromium compounds (incl. 6+ 

compounds, etc.)

A

HAP 0 Cobalt compounds (as cobalt metal 

dust and fumes)

A

HAP 0 Coke Oven Emissions A

HAP 0 Cyanide compounds A

HAP 0 Fine mineral fibers A

HAP 0 Glycol ethers A

HAP 0 Lead compounds (except elemental 

lead)

A

HAP 0 Manganese compounds A

HAP 0 Mercury compounds A

HAP 0 Nickel compounds (incl. nickel 

subsulfide)

A

HAP 0 Polycyclic Organic Matter A

HAP 0 Radionuclides (including radon) A

HAP 0 Selenium compounds A

HAP 50000 Formaldehyde A

HAP 51285 2,4-Dinitrophenol A

HAP 51796 Ethyl carbamate (Urethane) B

HAP 53963 2-Acetylaminofluorene C

540885 Tertiary Butyl Acetate C

54115 Nicotine A

54626 Aminopterin C

HAPs 55185 N-Nitrosodiethylamine A

55914 Isofluorphate B
HAPs 55981 1,4-Butanediol dimethanesulphonate A

HAP 56235 Carbon tetrachloride A

HAP 56382 Parathion A

56724 Coumaphos C

HAP 57147 1,1-Dimethyl hydrazine A

57249 Strychnine A

HAP 57578 Propiolactone, beta A

HAP 57749 Chlordane A

HAP 59892 N-Nitrosomorpholine B

HAP 60117 Dimethyl aminoazobenzene B

HAP 60344 Methyl hydrazine A

HAP 60355 Acetamide B

60413 Strychnine sulfate C

60515 Dimethoate A

HAPs 60571 Dieldrin A

HAP 62533 Aniline A

HAP 62737 Dichlorvos A

62748 Sodium fluoroacetate A

HAP 62759 N-Nitrosodimethylamine A

HAP 63252 Carbaryl C

64006 Phenol,3-(1-methylethyl)-

methylcarbamate

C

HAP 64675 Diethyl sulfate B

66819 Cyclohexamide C

HAP 67561 Methanol (Methyl alcohol) C

HAP 67663 Chloroform (Trichloromethane) A

HAP 67721 Hexachloroethane A
HAP 68122 Dimethylformamide A

HAP 71432 Benzene A

HAP 71556 1,1,1-Trichloroethane (Methyl 

chloroform)

C

72208 Endrin A

HAP 72435 Methoxychlor A

HAP 74839 Methyl bromide (Bromomethane) A

HAP 74873 Methyl chloride (Chloromethane) A

HAP 74884 Methyl iodide (Iodomethane) A

74931 Methyl mercaptan (Methanethiol) A

HAP 75003 Ethyl chloride (Chloroethane) C

HAP 75014 Vinyl chloride A

HAP 75058 Acetonitrile A

HAP 75070 Acetaldehyde A

HAP 75092 Methylene chloride (Dichloromethane) A

HAP 75150 Carbon disulfide A

75183 Dimethyl sulfide (Methyl sulfide) C

HAP 75218 Ethylene oxide A

HAP 75252 Bromoform A

HAP 75343 Ethylidene dichloride (1,1-

Dichloroethane)

B

HAP 75354 1,1-Dichloroethylene (Vinylidene 

chloride)

A

HAP 75445 Phosgene A

HAP 75558 1,2-Propylenimine (2-Methyl aziridine) A

HAP 75569 Propylene oxide A

HAP 76448 Heptachlor A

HAP 77474 Hexachlorocyclopentadiene A
HAP 77781 Dimethyl sulfate A

77816 Tabun B

78342 Dioxathion A

78535 Amiton C

HAP 78591 Isophorone A

HAP 78875 Propylene dichloride (1,2-

Dichloropropane)

A

78944 Methyl vinyl ketone (3-butene-2-one) C

HAPs 78988 Methylglyoxal B

HAP 79005 1,1,2-Trichloroethane A

HAP 79016 Trichloroethylene (TCE) C

HAP 79061 Acrylamide A

HAP 79107 Acrylic acid A

HAP 79118 Chloroacetic acid A

79196 Thiosemicarbizide C

79210 Peracetic acid C

79221 Methyl chloroformate B

HAP 79345 1,1,2,2-Tetrachloroethane A

HAP 79447 Dimethyl carbamoyl chloride B

HAP 79469 2-Nitropropane A

HAP 80626 Methyl methacrylate C

81812

Warfarin

A

82666 Diphacinone C

HAP 82688 Pentachloronitrobenzene 

(Quintobenzene)

A

HAP 84742 Dibutyl phthalate C

HAP 85449 Phthalic anhydride B

86500 Methyl azinphos A
86884 ANTU (alpha-naphthylthiourea) A

HAP 87683 Hexachlorobutadiene A

HAP 87865 Pentachlorophenol A

88051 Aniline,2,4,6-Trimethyl C

HAP 88062 2,4,6-Trichlorophenol A

HAP 90040 o-Anisidine A

91087 2,6-Toluene diisocyanate A

HAP 91203 Naphthalene B

HAP 91225 Quinoline A

HAP 91941 3,3-Dichlorobenzidene A

HAP 92524 Biphenyl C

HAP 92671 4-Aminobiphenyl A

HAP 92875 Benzidine (p-Diamino diphenyl) A

HAP 92933 4-Nitrobiphenyl C

HAP 94757 2,4-D, salts and esters (2,4-

Dichlorophenoxyacetic acid)

A

HAP 95476 o-Xylene C

HAP 95487 o-Cresol B

HAP 95534 o-Toluidine A

HAP 95807 2,4-Toluene diamine B

HAP 95954 2,4,5-Trichlorophenol C

HAP 96093 Styrene oxide C

HAP 96128 1,2-Dibromo-3-chloropropane A

HAP 96457 Ethylene thiourea A

HAP 98077 Benzotrichloride A

HAP 98828 Cumene A

HAP 98862 Acetophenone C
98873 Benzal chloride 

[(Dichloromethyl)benzene; 

benzylidenechloride]

B

HAP 98953 Nitrobenzene A

99989 Dimethyl-p-phenylenediamine C

HAP 100027 4-Nitrophenol C

HAP 100414 Ethyl benzene (Phenylethane) C

HAP 100425 Styrene C

HAP 100447 Benzyl chloride, 

(Chloromethyl)benzene

A

HAP 101144 4,4-Methylene bis (2-chloroaniline) A

HAP 101688 Methylene diphenyl diisocyanate (MDI) A

HAP 101779 4,4-Methylenedianiline A

HAP 106423 p-Xylene C

HAP 106445 p-Cresol A

HAP 106467 1,4-Dichlorobenzene A

HAP 106503 p-Phenylenediamine C

HAP 106514 Quinone A

HAP 106887 1,2-Epoxybutane A

HAP 106898 Epichlorohydrin (1-Chloro-2,3-

epoxypropane)

A

HAP 106934 Ethylene dibromide (1,2-

Dibromoethane)

A

106967 Propargyl bromide C

HAP 106990 1,3-Butadiene A

HAP 107028 Acrolein A

HAP 107051 Allyl chloride A

HAP 107062 Ethylene dichloride (1,2-

Dichloroethane)

A

107073 Chloroethanol A
HAP 107131 Acrylonitrile A

107153 Ethylene diamine C

107186 Allyl alcohol A

HAP 107211 Ethylene glycol C

HAP 107302 Chloromethyl methyl ether A

107448 Sarin B

107493 TEPP (Tetraethyldithiopyrophosphate) A

HAP 108054 Vinyl acetate C

HAP 108101 Methyl isobutyl ketone (MIBK) 

(Hexone)

B

108236 Isopropyl chlorformate C

HAP 108316 Maleic anhydride C

HAP 108383 m-Xylene C

HAP 108394 m-Cresol B

HAP 108883 Toluene C

HAP 108907 Chlorobenzene A

108918 Cyclohexylamine C

HAP 108952 Phenol C

108985 Thiophenol (Phenyl mercaptan) A

110009 Furan A

HAP 110543 Hexane C

110576 Trans 1,4-dichlorobutene B

110894 Piperidine C

HAP 111422 Diethanolamine A

HAP 111444 Dichloroethyl ether (Bis(2-

chloroethyl)ether)

A

HAP 114261 Propoxur (Baygon) A

115264 Dimefox A
HAPs 115286 Chlorendic acid B

115297 Endosulfan A

115902 Fensulfothion A

116063 Aldicarb (Temik) A

HAPs 117102 Chrysazin (Dorbane) B

HAP 117817 Bis(2-ethylhexyl) phthalate (DEHP) 

(Dioctyl phthalate)

A

HAP 118741 Hexachlorobenzene A

119380 Isopropylmethylpyrazolyl 

dimethylcarbamate (Isolan)

C

HAP 119904 3,3-Dimethoxybenzidine A

HAP 119937 3,3'-Dimethyl benzidine A

HAP 120809 Catechol A

HAP 120821 1,2,4-Trichlorobenzene A

HAP 121142 2,4-Dinitrotoluene A

HAP 121448 Triethylamine A

HAP 121697 N,N-Diethyl aniline (N,NDimethylaniline)A

122145 Fenitrothion C

HAPs 122601 Phenyl glyceryl ether (3 phenoxy 1,2 

propanediol)

A

HAP 122667 1,2-Diphenylhydrazine A

HAP 123319 Hydroquinone C

HAP 123386 Propionaldehyde C

123739 Crotonaldehyde (E) A

HAP 123911 1,4-Dioxane (1,4-Diethyleneoxide) A

126987 Methacrylonitrile A

HAP 126998 Chloroprene (2-Chloro-1,3-butadiene) A

HAP 127184 Perchloroethylene A
(Tetrachloroethylene)

129066 Warfarin sodium A

HAP 131113 Dimethyl phthalate C

131522 Sodium pentachlorophenate A

HAPs 132274 2-Biphenylol sodium salt B

HAP 132649 Dibenzofurans C

HAP 133062 Captan A

HAP 133904 Chloramben (3-amino-2,5-dichloro 

benzoic acid)

A

140761 Pyridine, 2-methyl-5-vinyl C

HAP 140885 Ethyl acrylate A

141662 Dicrotophos A

144490 Fluoracetic acid B

149746 Dichloromethylphenylsilane C

HAP 151564 Ethylene imine (Aziridine) A

152169 Diphosphoramide, octamethyl A

HAP 156627 Calcium cyanamide A

297789 Isobenzan C

297972 Thionazin (O,O-Diethyl-O-(2-

pyrazinyl)phosphorothioate)

C

298000 Parathion-methyl A

298022 Phorate A

298044 Disulfoton A

HAP 302012 Hydrazine A

HAPs 309002 Aldrin A

315184 Mexacarbate C

HAP 334883 Diazomethane A

359068 Fluoroacetyl chloride C
371620 Ethylene fluorohydrin C

HAP 463581 Carbonyl sulfide C

465736 Isodrin A

470906 Chlorfenvinfos C

505602 Mustard gas (Dichlorodiethyl sulfide) A

509148 Tetranitromethane A

HAP 510156 Chlorobenzilate (ethyl-4,4'-

dichlorobenzilate)

B

HAP 532274 2-Chloroacetophenone A

534076 Bis(chloromethyl)ketone C

HAP 534521 4,6-Dinitro o-cresol, and salts A

535897 Crimidine C

538078 Ethyl bis (2-chloroethyl)amine C

HAP 540841 2,2,4-Trimethylpentane C

541537 Dithiobiuret C

HAP 542756 1,3-Dichloropropene A

HAP 542881 Bischloromethyl ether A

542905 Ethylthiocyanate C

555771 Tris(2-chloroethyl)amine C

556616 Methyl isothiocyanate C

563122 Ethion A

HAP 584849 2,4-Toluene diisocyanate A

HAP 593602 Vinyl bromide A

HAPs 615532 N-nitroso-N-methylurethane C

HAP 624839 Methyl isocyanate A

624920 Methyl disulfide C

625558 Isopropyl formate C
640197 Fluoroacetamide C

644644 Dimetilan C

675149 Cyanuric fluoride C

HAP 680319 Hexamethylphosphoramide B

HAP 684935 N-nitroso-N-methylurea B

732116 Phosmet B

786196 Carbophenothion C

814686 Acrylyl chloride C

HAP 822060 Hexamethylene-1,6-diisocyanate A

919868 Demeton-s-methyl C

HAPs 924163 N-Nitroso-di-n-butylamine A

944229 Fonofos A

947024 Phosfolan C

950107 Mephosfolan A

950378 Methidathion A

991424 Norbormide C

HAP 1120714 1,3-Propane sultone B

1122607 Nitrocyclohexane C

1314847 Zinc phosphide A

HAP 1319773 Cresylic acid/Cresols A

HAP 1330207 Xylene (and mixed isomers) C

HAP 1332214 Asbestos A

HAP 1336363 Polychlorinated biphenyls (PCBs) 

(Aroclors)

A

1397940 Antimycin A C

HAPs 1402682 Aflatoxins A

1420071 Dinoterb C
1464535 Diepoxybutane B

1563662 Carbofuran A

HAP 1582098 Trifluralin A

HAP 1634044 MTBE (Methyl tertiary butyl ether) C

1642542 Diethylchlorophosphate B

HAP 1746016 2,3,7,8-TCDD (Dioxin) A

1910425 Paraquat A

1982474 Chloroxuron C

2001958 Valinomycin C

2032657 Methiocarb C

2074502 Paraquat methosulfate A

HAPs 2475458 Disperse Blue 1 B

2497076 Oxydisulfoton C

2524030 Dimethylphosphorochloridothioate C

2540821 Formothion C

2631370 Promecarb C

2642719 Ethyl azinphos C

HAPs 2646175 CI Solvent Orange 2 B

2778043 Endothion C

HAP 3547044 DDE 

(Dichlorodiphenyldichloroethylene)

A

3689245 Sulfotep A

3691358 Chlorophacinone C

3734972 Amiton oxalate C

3735237 Methyl phenkapton C

3878191 Fuberidazole C

4098719 Isophorone diisocyanate A
4170303 Crotonaldehyde A

4301502 Fluenetil C

4835114 Hexamethylenediamine, N,N-dibutyl C

5836293 Coumatetralyl C

7446119 Sulfur trioxide C

HAP 7550450 Titanium tetrachloride C

HAPs 7644410 1,4-Dichloro-2-butene A

HAP 7647010 Hydrochloric acid (Hydrogen chloride) A

HAP 7664393 Hydrogen fluoride (Hydrofluoric acid) A

7664417 Ammonia B

7664939 Sulfuric acid B

7697372 Nitric acid A

HAP 7723140 Phosphorous A

7726956 Bromine A

7782414 Fluorine C

HAP 7782505 Chlorine A

7783064 Hydrogen sulfide A

7786347 Mevinphos A

HAP 7803512 Phosphine A

HAP 8001352 Toxaphene (Camphechlor) A

8065483 Demeton A

10265926 Methamidophos A

10294345 Boron trichloride C

10311849 Dialifor C

13071799 Terbufos A

13171216 Phosphamidon C
13194484 Ethoprophos (Ethoprop) C

13494809 Tellurium A

16752775 Methomyl B

17702577 Formparanate C

19287457 Diborane A

20859738 Aluminum phosphide A

21548323 Fosthietan C

21609905 Leptophos C

21923239 Chlorthiophos C

22224926 Fenaminophos (Fenamiphos) A

23135220 Oxamyl B

23422539 Formotanate hydrochloride C

23505411 Pirimifos-ethyl C

24934916 Chlormephos C

28347139 Xylylene dichloride C

28772567 Bromodiolone C

53558251 Pyriminil C

HAPs 60153493 3-(N-Nitrosomethylamine) 

(Propionitrile)

B

HAPs 64091914 Ketone, 3-pyridyl-3-(N-methyl-Nnitrosoamino) propylB

HAPs 108171262 Chlorinated paraffins (C12, 60% 

chlorine)

B

PART B CONCERNING CONSTRUCTION PERMITS 

>>>

III. Construction Permit Review Procedures

>>>

III.C. Public Comment and Hearing Requirements
III.C.1. The following sources, unless exempted in Section III.C.2., below, are subject to public 

comment:

III.C.1.a. Sources with projected controlled annual emissions of any pollutant for 

which an ambient air quality standard has been designated, where such 

emissions will be greater than twenty five tons per year if the source is located in 

a nonattainment area, fifty tons per year if the source is located in an attainment

or attainment/maintenance area, or two hundred pounds per year of lead (for any 

area of the state).

>>>

PART C CONCERNING OPERATING PERMITS

>>>

I.A. DEFINITIONS

>>>

I.A.7. Significant Permit Modification

All operating permit modifications that do not qualify as minor permit modifications or as 

administrative permit amendments. At a minimum, a significant permit modification shall include:

I.A.7.a. Any change that causes a significant increase in the rate of emissions as 

described by any permit term or condition;

I.A.7.b. Any change that is considered a modification under Title I of the Federal Act;

I.A.7.c. Any change that requires or changes a case-by-case determination of an 

emission limitation or other standard;

I.A.7.d. Any change that requires or changes a source specific determination for 

temporary sources of ambient impacts;

I.A.7.e. Any change that requires or changes a visibility or increment analysis;

I.A.7.f. Every significant change in existing monitoring permit terms or conditions; and

I.A.7.g. Every relaxation of reporting or record keeping permit terms or conditions.

I.A.7.h. Every change that seeks to establish or change a permit term or condition for 

which there is no corresponding underlying applicable requirement and that the 

source has assumed to avoid an applicable requirement to which the source 

would otherwise be subject. Such terms and conditions include:

I.A.7.h.(i) A federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of Title I of the 

Federal Act; and

I.A.7.h.(ii) An alternative emissions limit approved pursuant to regulations 

promulgated under Section 112(i)(5) of the Federal Act
I.A.7.i. The establishment of a Plant-wide Applicability Limitation (PAL) in accordance 

with Section XVII. of Part D of this regulation.

I.A.7.j. All significant permit modifications shall be processed using the procedures set 

forth in Part C of Regulation Number 3 for combined Construction/Operating 

Permit issuance. Such source may choose to obtain a construction permit 

pursuant to Part B and shall subsequently meet the operating permit 

requirements of Part C. 

>>>

XIV. Compliance Assurance Monitoring 

The regulations promulgated by the U.S. EPA listed in Section XIV.A.1., below, are hereby 

incorporated by reference by the Commission and made a part of the Colorado Commission 

regulations. Materials incorporated by reference are those in existence as of the date indicated 

and do not include later amendments. The material incorporated by reference is available for 

public inspection during regular business hours at the Office of the Commission, located at 4300 

Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined at any state 

publications depository library. The material incorporated by reference is also available through 

the United States Government Printing Office, online at www.gpo.gov/fdsys. Parties wishing to 

inspect these materials should contact the Technical Secretary of the Commission, located at the 

office of the Commission.

>>>

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION

I. Applicability

I.A. General Applicability

I.A.1. This Part D shall apply to any new or existing major stationary source. 

Any new major stationary source or major modification, to which the requirements of this Part D 

apply, shall not begin actual construction in a nonattainment, attainment, or unclassifiable area 

unless a permit has been issued containing all applicable state and federal requirements.

I.A.2. Except as otherwise provided in Section XV. of this Part D, and consistent with the 

definition of major modification (Section II.A.22. of this part), a project is a major 

modification for a regulated NSR pollutant if it causes two types of emissions increases -

a significant emissions increase (as defined in Section II.A.43. of this part), and a 

significant net emissions increase (as defined in Sections II.A.26. and II.A.42. of this 

part). The project is not a major modification if it does not cause a significant emissions 

increase. If the project causes a significant emissions increase, then the project is a 

major modification only if it also results in a significant net emissions increase.

I.A.3. The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of 

emissions units being constructed or modified, according to Sections I.B.1. through I.B.3. 

of this part. The procedure for calculating (before beginning actual construction) whether 

a significant net emissions increase will occur at the major stationary source (i.e., the 

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

(Section II.A.26. of this part). Regardless of any such preconstruction projections, a major 
modification results if the project causes a significant emissions increase and a significant 

net emissions increase.

I.B. Applicability Tests

I.B.1. Actual-to-projected-actual applicability test for projects that only involve existing 

emissions units.

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

the difference between the projected actual emissions (as defined in Section II.A.36. of this part) 

and the baseline actual emissions (as defined in Sections II.A.4.a. and II.A.4.b. of this part, as 

applicable), for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant (as defined in Section II.A.42. of this part).

I.B.2. Actual-to-potential test for projects that only involve construction of a new emissions 

unit(s).

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

the difference between the potential to emit (as defined in Section I.B.3537. of Part A of this 

regulation) from each new emissions unit following completion of the project and the baseline 

actual emissions (as defined in Section II.A.4. of this part) of these units before the project equals 

or exceeds the significant amount for that pollutant (as defined in Section II.A.42. of this part).

I.B.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 sum of 

the emissions increases for each emissions unit, using the methods specified in Sections I.B.1. 

through I.B.3. of this part as applicable with respect to each type of emissions unit, equals or 

exceeds the significant amount for that pollutant (as defined in Section II.A.42. of this part).

I.B.4. An owner or operator of a major stationary source who conducts the actual-to-projectedactual test for a project that requires a minor permit modification in accordance with 

Section X. of Part C, requires a significant permit modification in accordance with Section 

I.A.3. of Part C, a modification as defined in Section I.B.2628. of Part A or that requires a 

minor source permit under Part B shall submit a permit application including:

I.B.4.a. All calculations and supporting documentation used to determine baseline actual 

emissions of each emissions unit affected by the project;

I.B.4.b. All calculations and supporting documentation used to determine projected actual 

emissions of each existing emissions unit affected by the project;

I.B.4.c. A determination of that portion of each existing unit’s emissions following the 

project that the unit could have accommodated during the consecutive twentyfour month period used to establish the baseline actual emissions and that are 

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

demand growth; and,

I.B.4.d. Any other information requested by the Division that may be needed to determine 

if a major modification will occur at each emissions unit affected by the project.

The information submitted in accordance with Section I.B.4.a. through I.B.4.d., above, 

shall be incorporated into an appendix to the major stationary source’s Title V Operating 

permit or as a permit note in the construction permit.
The requirement that the owner or operator of a major stationary source who conducts 

the actual-to-projected-actual test for a project that requires a minor permit modification 

submit information in accordance with Sections I.B.4.a. through I.B.4.d., as set out in this 

Subsection I.B.4., shall not be federally enforceable and shall not be incorporated into the 

state implementation plan.

I.C. For any major stationary source requesting, or operating under, a Plant-wide Applicability 

Limitation (as defined in Section II.A.3233.) for a regulated NSR pollutant, the major stationary 

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

II. Definitions

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

II.A.1. Actual Emissions

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

determined as follows:

II.A.1.a. Actual emissions as of a particular date shall equal the average rate, in tons per 

year, at which the unit actually emitted the pollutant during a two-year

II.A.1.b. The Division may presume that source-specific allowable emissions for the unit 

are equivalent to the actual emissions of the unit only if actual emissions cannot 

be determined pursuant to Section II.A.1.a., above;

consecutive twenty-four month period that precedes the particular date and is 

representative of normal unit operation. A different period may be used if it is 

more representative of normal unit operation. Actual emissions shall be 

calculated using the unit’s actual operating hours, production rates, and types of 

materials processed, stored or combusted or actual emission data during the 

selected time period;

II.A.1.c. For any emissions unit (other than an electric utility steam generating unit

II.A.1.d. This definition shall not apply for calculating whether a significant emissions 

increase has occurred, or for establishing a PAL under Section XV. of Part D of 

this regulation. Instead, Sections II.A.36. and II.A.4. of this part shall apply for 

these purposes.

) that 

has not begun normal operations on the particular date, actual emissions shall 

equal the potential to emit of the unit on that date.

II.A.1.e.

II.A.2. Actuals PAL

For an electric utility steam generating unit (other than a new unit or the 

replacement of an existing unit) actual emissions of the unit following the physical 

or operational change shall equal the representative actual annual emissions of 

the unit, provided the source owner or operator maintains and submits to the 

Division on an annual basis, for a period of five years from the date the unit 

resumes regular operation, information demonstrating that the physical or 

operational change did not result in an emissions increase. A longer period, not 

to exceed ten years, may be required by the Division if it determines such a 

period to be more representative of normal source post change operations.
For a major stationary source, means a PAL based on the baseline actual emissions (as defined 

in Section II.A.4. of this part) of all emissions units (as defined in the Common Provisions 

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

II.A.3. Air Quality Related Value 

Any value of an area that may be affected by a change in air quality. Examples include flora, 

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

II.A.4. Baseline Actual Emissions

The rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in 

accordance with Sections II.A.4.a. through II.A.4.d. below.

II.A.4.a. For any existing electric utility steam generating unit (as defined in Section 

II.A.14. of this part), baseline actual emissions means the average rate, in tons 

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

twenty-four month period selected by the owner or operator within the five year 

period immediately preceding when the owner or operator begins actual 

construction of the project. The Division shall allow the use of a different time 

period upon a determination that it is more representative of normal source 

operation.

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

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions.

II.A.4.a.(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above 

any emission limitation that was legally enforceable during the 

consecutive twenty-four month period.

II.A.4.a.(iii) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive twenty-four month period may be 

used to determine the baseline actual emissions for the emissions units 

being changed. A different consecutive twenty-four month period can be 

used for each regulated NSR pollutant.

II.A.4.a.(iv) The average rate shall not be based on any consecutive twenty-four 

month period for which there is inadequate information for determining 

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

required by Section II.A.4.a.(ii).

II.A.4.b. For an existing emissions unit (other than an electric utility steam generating 

unit), baseline actual emissions means the average rate, in tons per year, at 

which the emissions unit actually emitted the pollutant during any consecutive 

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

period immediately preceding either the date the owner or operator begins actual 

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

by the Division for a permit required under this Part D, except that the ten year 

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

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

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions.
II.A.4.b.(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above 

an emission limitation that was legally enforceable during the 

consecutive twenty-four month period.

II.A.4.b.(iii) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with which 

the major stationary source must currently comply, had the major 

stationary source been required to comply with such limitations during 

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

limitation is part of a maximum achievable control technology standard 

contained in Part E of Regulation Number 8, the baseline actual 

emissions need only be adjusted if the State has taken credit for such 

emissions reductions in an attainment demonstration or maintenance 

plan.

II.A.4.b.(iv) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive twenty-four month period must be 

used to determine the baseline actual emissions for the emissions units 

being changed. A different consecutive twenty-four month period can be 

used for each regulated NSR pollutant.

II.A.4.b.(v) The average rate shall not be based on any consecutive twenty-four 

month period for which there is inadequate information for determining 

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

required under Sections II.A.4.b.(ii) and II.A.4.b.(iii) of this part.

II.A.4.c. For a new emissions unit, the baseline actual emissions for purposes of 

determining the emissions increase that will result from the initial construction 

and operation of such unit shall equal zero; and thereafter, for all other purposes, 

shall equal the unit's potential to emit (as defined in Section I.B.3537. of Part A of 

this regulation). 

II.A.4.d. For a PAL for a major stationary source, the baseline actual emissions shall be 

calculated for existing electric utility steam generating units in accordance with 

the procedures contained in Section II.A.4.a., for other existing emissions units in 

accordance with the procedures contained in Section II.A.4.b., and for a new 

emissions unit in accordance with the procedures contained in Section II.A.4.c.

II.A.5. Baseline Area 

II.A.5.a. Any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Sections 107(d)(1)(A)(ii) or (iii) of the Federal Act in which 

the major source or major modification establishing the minor source baseline 

date would construct or would have an air quality impact for the pollutant for 

which the baseline date is established, as follows: equal to or greater than one 

microgram/cubic meter (1 μg/m3) (annual average) for SO2, NO2, or PM10; or 

equal to or greater than 0.3 μg/m3) (annual average) for PM2.5.

II.A.5.b. Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the Federal Act 

cannot intersect or be smaller than the area of impact of any major stationary 

source or major modification that:

II.A.5.b.(i) Establishes a minor source baseline date, or
II.A.5.b.(ii) Is subject to this Part D, and would be constructed in the same state 

as the state proposing the redesignation.

II.A.5.c. Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining the 

amount of available PM10 increments, except that such baseline area shall not 

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

baseline date in accordance with Section II.A.25.c.

II.A.6. Baseline Concentration 

The ambient concentration level that exists in the baseline area at the time of the applicable 

minor source baseline date. A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established and shall include:

II.A.6.a. The actual emissions representative of sources in existence on the applicable 

minor source baseline date, except as otherwise provided in this definition; and

II.A.6.b. The allowable emissions from major stationary sources that commenced 

construction before the major source baseline date, but were not in operation by 

the applicable minor source baseline date.

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

applicable maximum allowable increase(s):

II.A.6.c.(i) Actual emissions from any major stationary source on which 

construction commenced after the major source baseline date; and

II.A.6.c.(ii) Actual emission increases and decreases at any stationary source 

occurring after the minor source baseline date.

II.A.7. Begin Actual Construction

Initiation of physical on-site construction activities on an emissions unit that are of a permanent 

nature. Such activities include, but are not limited to, installation of building supports and 

foundations, laying of underground pipe work, and construction of permanent storage structures. 

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

other than preparatory activities that mark the initiation of the change.

II.A.8. Best Available Control Technology (BACT)

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

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

stationary source or major modification that the Division or Commission, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts and other costs, determines is 

achievable for such source or modification through application of production processes or 

available methods, systems, and techniques, including fuel cleaning or treatment or innovative 

fuel combustion techniques for control of such pollutant. In no event shall application of the best 

available control technology result in emissions of any pollutant that would exceed emissions 

allowed by the applicable standards in the Code of Federal Regulations, Title 40, Parts 60 and 61 

(Regulation Number 6, Part A, and Regulation Number 8, Part A) as in effect on the effective date 

of this clause, but not including later amendments, unless such amendments are specifically 

incorporated by reference in accordance with the provisions of Colorado Revised Statutes 

Section 24-4-103 (12.5). Information as to the availability of such standards may be obtained 
from the Director, Air Pollution Control Division, Colorado Department of Public Health and 

Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. 

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

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

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

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

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

forth the emissions reduction achievable by implementation of such design, equipment, work 

practice or operation and shall provide for compliance by means that achieve equivalent results.

II.A.9. Clean Coal Technology

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

emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the 

generation of electricity, or process steam which was not in widespread use as of November 15, 

1990.

II.A.10. Clean Coal Technology Demonstration Project

A project using funds appropriated under the heading "Department of Energy-Clean Coal 

Technology," up to a total amount of $2.5 billion for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for the U.S. EPA. The federal 

contribution for a qualifying project shall be at least twenty percent of the total cost of the 

demonstration project. 

II.A.11. Complete 

In reference to an application for a major NSR permit, an application that contains all the 

information necessary for processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Division from requesting or accepting any 

additional information.

II.A.11.a. At a minimum, a complete application for a permit to construct a major source 

or major modification subject to the requirements of this Part D shall include:

II.A.11.a.(i) All monitoring data required pursuant to this regulation and an analysis of 

ambient air quality in accordance with Section VI.A.3. of this part;

II.A.11.a.(ii) The impact analysis required by Section VI.A.2. of this part, a written 

summary of the data inputs to the model, and a topographic presentation of the 

resultant concentrations of each pollutant modeled for each applicable ambient 

standard or Prevention of Significant Deterioration increment within the impact 

area of the source;

II.A.11.a.(iii) A report of the regulatory status of the model pursuant to Section VIII.A.1. of 

Part A;

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

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

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

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

to the emissions allowed by such standards of performance;
II.A.11.a.(v) A description of the devices or systems that will be installed to monitor the 

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

maintaining such devices or systems, and the schedule and format 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 part, any 

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

II.A.11.a.(viii) An additional copy of the application for the federal land manager of each 

affected Class 1 area, for the U.S. EPA, for the county Commissioner, and for 

public notice (county clerk). Two additional copies shall be submitted for 

interested public groups.

II.A.12. Construction

Any physical change or change in the method of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions unit) that would result in a change in 

actual emissions.

II.A.13. Emissions Unit

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

pollutant and includes an electric steam-generating unit as defined in Section II.A.14. of this part. 

For purposes of this Part D, there are two types of emissions units described in Section II.A.13.a. 

and II.A.13.b., below.

II.A.13.a. A new emissions unit is any emissions unit that is (or will be) newly constructed 

and that has existed for less than two years from the date such emissions unit 

first operated.

II.A.13.b. An existing emissions unit is any emissions unit that does not meet the 

requirements in Section II.A.13.a., above. A replacement unit (as defined in 

Section II.A.39. of this part) is an existing emissions unit.

II.A.14. Electric Utility Steam Generating Unit

Any steam electric generating unit that is constructed for the purpose of supplying more than onethird of its potential electrical output capacity and more than twenty-five megawatts electrical 

output to any utility power distribution system for sale. Any steam supplied to a steam distribution 

system for the purpose of providing steam to a steam-electric generator that would produce 

electrical energy for sale is also considered in determining the electrical energy output capacity of 

the affected facility.

II.A.15. Federal Land Manager (FLM)

With respect to any lands of the United States, the secretary of the department with authority over 

such lands.

II.A.16. High Terrain

Any area having an elevation nine hundred feet or more above the base of the stack of a source.
II.A.17. Hydrocarbon cCombustion fFlare

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

achievable control technology standard (including uses of flares during startup, shutdown, or 

malfunction permitted under such standard), or a flare that serves to control emissions of waste 

streams comprised predominately of hydrocarbons and containing no more than 230 mg/dscm 

hydrogen sulfide.

II.A.18. Innovative Control Technology 

Any system of air pollution control that has not been adequately demonstrated in practice, but 

would have a substantial likelihood of achieving greater continuous emissions reduction than any 

control system in current practice or of achieving at least comparable reductions at lower cost in 

terms of energy, economics, or non-air quality environmental impacts.

II.A.19. Low Terrain

Any area other than high terrain.

II.A.20. Lowest Achievable Emissions Rate (LAER)

For any source, the more stringent rate of emissions based on the following:

II.A.20.a. The most stringent emission limit contained in any state implementation plan for 

such class or category of stationary source, unless the owner or operator of the 

proposed stationary source demonstrates that such limits are not achievable; or

II.A.20.b. The most stringent emission limitation that is achieved in practice or can 

reasonably be expected to occur in practice by such class or category of source, 

taking into consideration the pollutant that must be controlled

II.A.21. Major Emissions Unit

. In no event shall 

application of the term permit a proposed new or modified stationary source to

emit any pollutant in excess of the amount allowable under an applicable new 

source performance standard (Regulation Number 6).

II.A.21.a. Any emissions unit that emits or has the potential to emit one hundred tons per 

year or more of the PAL pollutant in an attainment area; or

II.A.21.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in 

an amount that is equal to or greater than the major stationary source threshold 

(as defined in Section II.A.24. of this part) for the PAL pollutant for nonattainment 

areas. For example, in accordance with the definition of a major stationary 

source (as defined in Section II.A.24.of this part), an emissions unit would be a 

major emissions unit for volatile organic compounds if the emissions unit is 

located in an ozone nonattainment area and emits or has the potential to emit 

one hundred or more tons of voc per year.

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 net 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.

II.A.22.b. In the Denver Metropolitan PM10 nonattainment area, any net emission 

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

considered significant for PM10.

II.A.22.c. A physical change or change in the method of operation shall not include 

routine maintenance, repair, and replacement. 

II.A.22.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 nonattainment areas, shall not 

include:

II.A.22.d.(i) Use of an alternative fuel or raw material by reason of an order in 

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

Environmental Coordination Act of 1974 (or any superseding legislation), 

a prohibition under the 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;

II.A.22.d.(ii) Use of an alternative fuel because of an order or rule under Section 

125 of the Federal Act;

II.A.22.d.(iii) Use of an alternative fuel at a steam-generating unit to the extent 

that the fuel is generated from municipal solid waste;

II.A.22.d.(iv) Use of an alternative fuel or raw material that: 

II.A.22.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

II.A.22.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

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

under this Regulation Number 3.

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

prohibited under a federally enforceable permit condition;

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

be prohibited under a federally enforceable permit condition; or

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

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

clean coal technology demonstration project, if the project complies with:
II.A.22.d.(viii)(A) The Colorado State Implementation Plan, and 

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

the National Ambient Air Quality Standards during the project 

and after it is terminated.

II.A.22.d.(ix) For major stationary sources in attainment areas:

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

technology demonstration project that constitutes re-powering, 

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

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

The exemption shall apply on a pollutant-by-pollutant basis.

II.A.22.d.(ix)(B) Tthe reactivation of a very clean coal fired electric utility 

steam generating unit.

II.A.22.d.(x) The reactivation of a very clean coal fired electric utility steam 

generating unit.

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

pollutant when the major stationary source is complying with the requirements 

under Section XV. of this Part D for a PAL for that pollutant. Instead, the 

definition in Section II.A.30. of this part shall apply. 

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

combustion engines on any vehicle, and emissions resulting from temporary 

construction or exploration activities shall be excluded in determining whether a 

major modification will occur. 

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

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

occur.

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

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

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

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

calculating the potential to emit of the modification.

II.A.23. Major Source Baseline Date 

II.A.23.a. In the case of PM10 and sulfur dioxide, January 6, 1975; 

II.A.23.b. In the case of nitrogen dioxide, February 8, 1988; and

II.A.23.c. In the case of PM2.5, October 20, 20112010.

II.A.24. Major Stationary Source

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

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

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

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

regulated NSR pollutant: 

II.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input 

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

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

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

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

II.A.24.a.(i)(F) Iron and steel mill plants 

II.A.24.a.(i)(G) Primary aluminum ore reduction plants 

II.A.24.a.(i)(H) Primary copper smelters 

II.A.24.a.(i)(I) Municipal incinerators capable of charging more than 250 

tons of refuse per day 

II.A.24.a.(i)(J) Hydrofluoric, sulfuric, and nitric acid plants 

II.A.24.a.(i)(K) Petroleum refineries 

II.A.24.a.(i)(L) Lime plants 

II.A.24.a.(i)(M) Phosphate rock processing plants 

II.A.24.a.(i)(N) Coke oven batteries 

II.A.24.a.(i)(O) Sulfur recovery plants

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

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

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

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

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

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

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

than 250 million British thermal units per hour heat input 

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

capacity exceeding 300,000 barrels 

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

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

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

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

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

pollutant.

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

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

attainment area affecting a nonattainment area is subject to the requirements of 

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

air pollutants that emits, or has the potential to emit 100 tons per year or more of 

any regulated NSR pollutant for which the area is nonattainment. Additionally, a 

source causing or contributing to a violation of a national ambient air quality 

standard for any pollutant regulated under Section 110 of the Federal Act shall 

be considered a major stationary source when it has the potential to emit one 

hundred tons per year or more of that pollutant. The source will be considered to 

cause or contribute to a violation where the source exceeds the significance 

levels in the table under Section VI.D.2. of this Part D. Such source is subject to 

the requirements of Section VI. of this Part D.

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

stationary source not otherwise qualifying as a major stationary source under 

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

major stationary source by itself.

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

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

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

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

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

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

source, unless the source belongs to one of the categories of stationary sources 

listed in Section II.A.24.a.(i) or any other stationary source category which, as of 

August 7, 1980, is regulated under Section 111 or 112 of the Federal Act.

II.A.24.f.Emissions caused by indirect air pollution sources (as defined in Section I.B.24. 

of Part A of this regulation), emissions from internal combustion engines on any 

vehicle, and emissions resulting from temporary activities, such as construction 

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

stationary source. Emissions from on going 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 attainment/maintenance 

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

for PM10.

II.A.25. Minor Source Baseline Date 
II.A.25.a.The earliest date after the trigger date that a major stationary source or a major 

modification subject to the requirements of Section VI. of this Part D submits a 

complete application under the relevant regulations. The trigger date is:

II.A.25.a.(i) In the case of PM10 and sulfur dioxide, August 7, 1977; 

II.A.25.a.(ii) In the case of nitrogen dioxide, February 8, 1988; and

II.A.25.a.(iii) In the case of PM2.5, October 20, 2011.

II.A.25.b. The baseline date is established for each pollutant for which increments 

or other equivalent measures have been established if:

II.A.25.b.(i) The area in which the proposed source or modification would 

construct is designated as attainment or unclassifiable under Sections 

107(d)(1)(A)(ii) or (iii) of the Federal Act for the pollutant on the date of its 

complete application under Section VI. of this part; and

II.A.25.b.(ii) In the case of a major stationary source the pollutant would be 

emitted in significant amounts, or, in the case of a major modification, 

there would be a significant net emissions increase of the pollutant.

II.A.25.c. Any minor source baseline date established originally for the Total Suspended 

Particulates increments shall remain in effect and shall apply for purposes of 

determining the amount of available PM10 increments, except that the Division 

may rescind any such minor source baseline date where it can be shown, to the 

satisfaction of the Division, that the emissions increase from the major stationary 

source, or the net emissions increase from the major modification, responsible 

for triggering that date did not result in a significant amount of PM10 emissions.

II.A.26. Net Emissions Increase 

II.A.26.a. With respect to any regulated NSR pollutant emitted by a major stationary 

source, the amount by which the sum of the following exceeds zero:

II.A.26.a.(i) The increase in the actual

II.A.26.a.(ii) Any other increases and decreases in actual emissions at the 

major stationary source that are contemporaneous with the particular 

change and are otherwise creditable. Baseline actual emissions for 

calculating increases and decreases under this paragraph shall be 

determined as provided in the definition of baseline actual emissions, 

except that paragraphs II.A.4.a.(iii) and II.A.4.b.(iv) of this Part D shall 

not apply. 

emissions from a particular physical 

change or change in the method of operation at a stationary source 

calculated pursuant to Sections I.A.2. through I.A.3., and I.B. of this Part 

D; and

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

contemporaneous with the increase from the particular change only if it occurs 

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

occurs.

II.A.26.c. An increase or decrease in actual emissions is creditable only if:
II.A.26.c.(i) It occurs within five years before the date that the increase or 

decrease occurs; and

II.A.26.c.(ii) The Division has not relied on it in issuing a permit for the source 

under Regulation Number 3, or the U.S. EPA has not relied on it in 

issuing a permit under Title I, Part C of the Federal Act, which permit is in 

effect when the increase in actual emissions from the particular change 

occurs; and

II.A.26.c.(iii) In order to establish a baseline emissions rate, the owner or 

operator must submit an Air Pollutant Emission Notice to the Division 

prior to the increase or decrease indicating actual emissions (as defined 

in Section II.A.1. of this of part) and the owner or operator must submit a 

revised Air Pollutant Emission Notice to the Division within one year after 

the increase or decrease occurs, or

II.A.26.c.(iv) The owner or operator provides credible, demonstrable evidence to 

the Division of what actual emissions were before making the increase or 

decrease and what they were after making the increase or decrease.

II.A.26.d. An increase or decrease in actual emissions of sulfur dioxide, particulate 

matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating the 

amount of maximum allowable increases remaining available. With respect to 

particulate matter, only PM10 emissions can be used to evaluate the net 

emissions increase for PM10 and only PM2.5 emissions can be used to evaluate 

the net emissions increase for PM2.5.

II.A.26.e. An increase in actual emissions is creditable only to the extent that the new 

level of actual emissions exceeds the old level.

II.A.26.f. A decrease in actual emissions is creditable only to the extent that:

II.A.26.f.(i) The Division has not relied on it in issuing any permit under this Part 

D, or has not relied on it in demonstrating attainment or reasonable 

further progress:

II.A.26.f.(ii) The old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual 

emissions;

II.A.26.f.(iii) It is federally

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

enforceable as a practical matter at and after the time 

that actual construction on the particular change begins; and

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 reasonable shakedown period, not to exceed 

one hundred and eighty days.
II.A.26.h. Section II.A.1.a. of this part shall not apply for determining creditable increases

and decreases after a change. 

II.A.26.i. The organic compounds referenced in the common provisions definition of 

negligibly reactive volatile organic compounds are neither counted as reactive 

volatile organic compounds in determining significant ozone increases nor 

creditable against an increase in emissions of any volatile organic compound. 

II.A.26.j. Creditable Decreases for Fuel Switching. 

Generally, for credit to be given for the emissions reduction in potential to emit or 

actual emissions resulting from a physical change or change in method of 

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

this rule, an Air Pollutant Emission Notice reporting such reduction must be filed 

within one year after the reduction occurs unless an extension is requested by 

the source and approved by the Division due to uncertainty as to the 

permanence of such reduction. At the time credit for any reduction is requested, 

such reduction must be enforceable. Such reductions must be enforceable 

through permit conditions or source specific state implementation plan revisions.

II.A.27. Nonattainment Major New Source Review (NSR) Program

A major stationary source preconstruction permit program that has been approved by the 

Administrator and incorporated into this Regulation Number 3. Any permit issued under the 

program is a major NSR permit. 

II.A.28. PAL Effective Date

Generally means the date of issuance of the PAL permit. However, the PAL effective date for an 

increased PAL is the date any emissions unit that is part of the PAL major modification becomes 

operational and begins to emit the PAL pollutant.

II.A.29. PAL Effective Period

The period beginning with the PAL effective date and ending ten years later.

II.A.30. PAL Major Modification

Notwithstanding Sections II.A.22 and II.A.26. of this Part D (the definitions for major modification 

and net emissions increase), any physical change in or change in the method of operation of the 

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

II.A.31. PAL Permit

The Operating Permit issued in accordance with this Part D that establishes a PAL for a major 

stationary source.

II.A.32. PAL Pollutant

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

II.A.33. Plant-wide Applicability Limitation (PAL)
An emission limitation expressed in tons per year, for a pollutant at a major stationary source that 

is enforceable as a practical matter and established source-wide in accordance with Section XV. 

of this Part D. 

II.A.34. Prevention of Significant Deterioration (PSD) Permit

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

II.A.35. Project

A physical change in, or change in the method of operation of, an existing major stationary 

source.

II.A.36. Projected Actual Emissions

II.A.36.a. The maximum annual rate, in tons per year, at which an existing emissions unit 

at a major stationary source is projected to emit a regulated NSR pollutant in any 

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

regular operation after the project, or in any one of the ten years following that 

date, if the project involves increasing the emissions unit's design capacity or its 

potential to emit of that regulated NSR pollutant and full utilization of the unit 

would result in a significant emissions increase or a significant net emissions 

increase at the major stationary source.

II.A.36.b. In determining the projected actual emissions under Section II.A.36.a., above, 

before beginning actual construction, the owner or operator of the major 

stationary source:

II.A.36.b.(i) Shall consider all relevant information, including but not limited to, 

historical operational data, the company's own representations, the 

company's expected business activity and the company's highest 

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

Federal regulatory authorities, and compliance plans; and 

II.A.36.b.(ii) Shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions; and

II.A.36.b.(iii) Shall exclude, in calculating any increase in emissions that results 

from the particular project, that portion of the unit's emissions following 

the project that an existing unit could have accommodated during the 

consecutive twenty-four month period used to establish the baseline 

actual emissions under Section II.A.4. of this part D and that are also 

unrelated to the particular project, including any increased utilization due 

to product demand growth; or,

II.A.36.b.(iv) In lieu of using the method set out in Sections II.A.36.b.(i) through 

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

tons per year, as defined in Section I.B.37. of Part A of this regulation.

II.A.37. Reactivation of Very Clean Coal-fired Electric Utility Steam Generating Unit

Any physical change or change in the method of operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a period of discontinued operation where 

the unit:
II.A.37.a. Has not been in operation for the two year period prior to the enactment of the 

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

be carried in the permitting authority's emissions inventory at the time of the 

enactment;

II.A.37.b. Was equipped prior to shut-down with a continuous system of emissions control 

that achieves a removal efficiency for sulfur dioxide of no less than eighty-five 

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

percent;

II.A.37.c. Is equipped with low-nitrogen oxide burners prior to the time of commencement 

of operations following reactivation; and 

II.A.37.d. Is otherwise in compliance with the requirements of the Federal Act.

II.A.38. Regulated NSR Pollutant

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

II.A.38.b. Any pollutant for which a national ambient air quality standard has been 

promulgated; 

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

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

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

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

the general pollutant. Precursors for the purposes of New Source Review are the 

following:

II.A.38.c.(i) Nitrogen oxides or any volatile organic compound are precursors to 

ozone;

II.A.38.c.(ii) Sulfur dioxide is a precursor to PM2.5; 

II.A.38.c.(iii) Nitrogen oxides are precursors to PM2.5.

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

the Federal Act; 

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

defined in Section I.B.44. or Part A; 

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

NSR pollutant shall not include any or all hazardous air pollutants either listed in 

Section 112 of the Federal Act (that have not been delisted pursuant to Section 

112(b)(3) of the Federal Act) or Appendix 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.

II.A.38.g. Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions 

shall include gaseous emissions from a source or activity which condense to 

form particulate matter at ambient temperatures. On or after January 1, 2011, 

such condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.5 and 

PM10 in PSD permits. Compliance with emission limitations for PM, PM2.5 and 
PM10 issued prior to this date shall not be based on condensable particulate 

matter unless required by the terms and conditions of the permit or the applicable 

implementation plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in violation 

of this section.

II.A.39. Replacement Unit

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

No creditable emission reductions shall be generated from shutting down the existing emissions 

unit that is replaced.

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

Federal Regulations Title 40, Section 60.15(b)(1), or the emissions unit 

completely takes the place of an existing emissions unit.

II.A.39.b. The emissions unit is identical to or functionally equivalent to the replaced 

emissions unit.

II.A.39.c. The replacement does not alter the basic design parameters of the process 

unit.

II.A.39.d. The replaced emissions unit is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from operation 

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

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

II.A.40. Repowering

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

technologies: atmospheric or pressurized fluidized bed combustion, integrated 

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

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

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

multiple combustion emissions simultaneously with improved boiler or generation 

efficiency and with significantly greater waste reduction relative to the 

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

1990. 

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

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

the Department of Energy.

II.A.40.5 Representative Actual Annual Emissions

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

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

consecutive two-year period within ten years after the change, where the Division determines that 

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

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

utilization. In projecting future emissions, the Division shall:

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

operational data, the company's own representations, filings with the state or 
federal regulatory authorities, and compliance plans under Title IV of the Federal 

Act; and

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

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

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

change that could have been accommodated during the representative baseline 

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

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

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

II.A.41. Secondary Emissions 

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

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

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

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

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

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

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

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

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

II.A.42. Significant 

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

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

Carbon monoxide: 100 tons per year 

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

Sulfur dioxide: 40 tons per year

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

year of PM10 emissions

PM10 - Precursors in the Denver Metropolitan PM10 attainment/maintenance 

area: 40 tons per year for each individual precursor (nitrogen oxides or sulfur 

oxides)

PM2.5: 10 tons per year of direct PM2.5 emissions; 40 tons per year of sulfur 

dioxide emissions; or 40 tons per year of nitrogen dioxide emissions 

Ozone: 40 tons per year of volatile organic compounds or nitrogen oxides

Lead: 0.6 tons per year

Fluorides: 3 tons per year 

Sulfuric acid mist: 7 tons per year 

Hydrogen sulfide: 10 tons per year 

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

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

year (3.5 x 10-6 tons per year)

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

megagrams per year (15 tons per year)

Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and 

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

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

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

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

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

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

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

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

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

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

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

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

II.A.43. Significant Emissions Increase

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

II.A.42. of this Part D) for that pollutant.

II.A.44. Significant Emissions Unit

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

equal to or greater than the significant level (as defined in Section II.A.42. of this Part D or in the 

Federal Act, whichever is lower) for that PAL pollutant, but less than the amount that would 

qualify the unit as a major emissions unit (as defined in Section II.A.21. of this part).

II.A.45. Small Emissions Unit

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

the significant level for that PAL pollutant (as defined in Section II.A.32. of this Part D or in the 

Federal Act, whichever is lower).

II.A.46. Temporary Clean Coal Technology Demonstration Project

A clean coal technology demonstration project that is operated for a period of five years or less, 

and that complies with the state implementation plan and other requirements necessary to attain 

and maintain the National Ambient Air Quality Standards during the project and after it is 

terminated.

V. Requirements Applicable to Nonattainment Areas 

V.A. Major Stationary Sources.
For any new major stationary source or major modification, the Division shall grant a permit if it 

determines that the following conditions in Sections V.A.1. through V.A.6., as well as those in 

Section III.D.1. of Part B of this regulation, will be met:

V.A.1. The proposed source will achieve the lowest achievable emission rate for the specific 

source category.

V.A.2. The applicant has certified that all other existing major stationary sources owned, 

operated, or controlled by the applicant (or any entity controlling, controlled by, or under 

the common control with the applicant) in Colorado are in compliance with the 

requirements of the State implementation plan and the federally approved state 

implementation plan, or are subject to and in compliance with an enforceable compliance 

schedule, or a federally enforceable compliance schedule.

V.A.3. Prior to the date of commencement of operations, the ratio of total actual emission 

reductions compared to the emissions increase (offsets) shall be at least one for one 

(1:1), unless an alternative ratio is provided for the applicable nonattainment area as 

identified in Section V.A.3.a., below. 

V.A.3.a. Offset Ratios

V.A.3.a(i) For ozone nonattainment areas that are subject to subpart 2, part D, 

title I of the Federal Act, the offset ratio of total actual emission 

reductions of VOC to the emissions increase of VOC shall be as follows: 

V.A.3.a(i)(a) In any marginal nonattainment area for ozone – at least 1.1:1; 

V.A.3.a(i)(b) In any moderate nonattainment area for ozone – at least 1.15:1; 

V.A.3.a(i)(c) In any serious nonattainment area for ozone – at least 1.2:1;

V.A.3.a(i)(d) In any severe nonattainment area for ozone – at least 1.3:1; or

V.A.3.a(i)(e) In any extreme nonattainment area for ozone – at least 1.5:1. 

V.A.3.a.(ii) For all areas within an ozone transport region that is subject to 

subpart 2, part D, title 1 of the Federal Act, and that are not designated 

as serious, severe or extreme and are subject to subpart 1, part D, title 1 

of the Federal Act – at least 1.15:1.

V.A.3.a.(iii) For ozone nonattainment areas that are subject to subpart 1, part D, 

title I of the Federal Act, including 8-hour ozone nonattainment areas 

subject to 40 CFR, Part 51, Section 51.902(b), the ratio of total actual 

emissions reductions of VOC to the emissions increase of VOC shall be 

at least 1:1. 

V.A.3.b. Offsets must be obtained from existing sources (whether or not under the same 

ownership) within the nonattainment area for each pollutant, or its precursors, for which 

the area is nonattainment. Offsets must represent reasonable further progress towards 

attainment of the National Ambient Air Quality Standards when considered in connection 

with other new and existing sources of emissions. In addition, offsets for PM10, PM2.5, 

sulfur oxides, and carbon monoxide must show, through atmospheric modeling, a 

positive net air quality benefit in the area affected by the emissions. Provided, however, 

that offsets meeting the requirements of this Section V.A.3. may also be obtained from 

existing sources outside the nonattainment area if the applicant demonstrates:
V.A.3.b.(i) A greater air quality benefit may thus be achieved, or sufficient offsets are not 

available from sources within the nonattainment area; and

V.A.3.b.(ii) The other area has an equal or higher nonattainment classification than the 

area in which the source is located; and

V.A.3.b.(iii) Emissions from such other area contribute to a violation of the National 

Ambient Air Quality Standard in the 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 of the required offsets to new emissions the 

greater the distance such offsets are from the new or modified source.

V.A.3.c. Offsets must be for the same regulated NSR pollutant, except that offset 

requirements for direct PM2.5 emissions or PM2.5 precursors may be satisfied 

by offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 

precursor identified under Section II.A.38. of Part D. 

V.A.4. The permit application shall include an analysis of alternative sites, sizes, production 

processes and environmental control techniques for such proposed source that 

demonstrates that benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or 

modification.

V.A.5. Offsets for which emission reduction credit is taken must be enforceable through permit 

conditions or source specific state implementation plan revisions.

V.A.6. The applicant will demonstrate that emissions from the proposed source will not 

adversely impact visibility in a Class I area. This demonstration shall be reviewed by the 

Federal Land Manager and any determination made by the Federal Land Manager shall 

be considered in the Division's decision to grant the permit. If an adverse impact, as 

described in Section XIV.E., is predicted by the Division, the permit application will be 

denied. Federal Land Manager involvement shall follow the same procedures as stated 

in Section XIIXIII.A. of this Part D. The demonstration will be performed using either 

techniques described in the latest version of the U.S. EPA document entitled "Workbook 

for Estimating Visibility Impairment" or other techniques approved by the Division.

V.A.7. Applicability of Certain Nonattainment Area Requirements

V.A.7.a. Any major stationary source in a nonattainment area is subject to the 

requirements of Section V.A. of this Part D.

V.A.7.b. The requirements of Section V.A. shall apply at such time that any stationary 

source or modification becomes a major stationary source or major modification 

solely by virtue of a relaxation in any enforceable limitation that was established 

after August 7, 1980 on the capacity of the source or modification to otherwise 

emit a pollutant, such as a restriction on hours of operation.

V.A.7.c. The following provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances 

where there is a project that is not a part of a major modification and the owner or 

operator elects to use the method specified in Sections II.A.36.b.(i) through 

II.A.36.b.(iii) of this Part D for calculating projected actual emissions.
V.A.7.c.(i) Before beginning actual construction of the project, the owner or 

operator shall document and maintain a record of the following 

information:

V.A.7.c.(i)(A) A description of the project;

V.A.7.c.(i)(B) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and

V.A.7.c.(i)(C) A description of the applicability test used to determine that 

the project is not a major modification for any regulated NSR 

pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under 

Section II.A.36.b.(iii) of this part and an explanation for why such 

amount was excluded, and any netting calculations, if applicable.

V.A.7.c.(ii) If the emissions unit is an existing electric utility steam generating unit, 

before beginning actual construction, the owner or operator shall provide 

a copy of the information set out in Section V.A.7.c.(i) to the Division. 

Nothing in this Section V.A.7.c.(ii) shall be construed to require the 

owner or operator of such a unit to obtain any determination from the 

Division before beginning actual construction.

V.A.7.c.(iii) The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that is 

emitted by any emissions units identified in Section V.A.7.c.(i)(B); and 

calculate and maintain a record of the annual emissions, in tons per year 

on a calendar year basis, for a period of five years following resumption 

of regular operations after the change, or for a period of ten years 

following resumption of regular operations after the change if the project 

increases the design capacity or potential to emit of that regulated NSR 

pollutant at such emissions unit.

V.A.7.c.(iv) If the unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the Division within sixty days 

after the end of each year during which records must be generated under 

Section V.A.7.c.(iii) setting out the unit's annual emissions during the 

calendar year that preceded submission of the report. 

V.A.7.c.(v) If the unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the 

Division if the annual emissions, in tons per year, from the project 

identified in Section V.A.7.c.(i), exceed the baseline actual emissions (as 

documented and maintained pursuant to Section V.A.7.c.(i)(C)) by a 

significant amount (as defined in Section II.A.42. of this part) for that 

regulated NSR pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to 

Section V.A.7.c.(i)(C). Such report shall be submitted to the Division 

within sixty days after the end of such year. The report shall contain the 

following:

V.A.7.c.(v)(A) The name, address and telephone number of owner or 

operator of the major stationary source;
V.A.7.c.(v)(B) The annual emissions as calculated pursuant to Section 

V.A.7.c.(iii); and

V.A.7.c.(v)(C) Any other information that the owner or operator wishes to 

include in the report (e.g., an explanation as to why the 

emissions differ from the preconstruction projection).

V.A.7.d. The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to Section V.A.7.c. available for review 

upon request for inspection by the Division or the general public.

>>>

VI. Requirements applicable to attainment and unclassifiable areas and pollutants 

implemented under Section 110 of the Federal Act (Prevention of Significant Deterioration 

Program).

VI.A. Major Stationary Sources and Major Modifications.

The requirements of this Section VI. shall apply to any major stationary source and any major 

modification with respect to each pollutant regulated under the Act and the Federal Act that it 

would emit, except as this Regulation Number 3 would otherwise allow.

For any new major stationary source or major modification proposing to construct in any area in 

Colorado designated under Section 107 (d) of the Federal Act as attainment or unclassifiable for 

any criteria pollutant as of the date of submittal of a complete application under this Regulation 

Number 3, or for pollutants implemented under Section 110 of the Federal Act, the Division shall 

grant a permit if it determines that the following requirements, in addition to those in Section 

III.D.1. of Part B of this regulation, have been or will be met:

VI.A.1. Control Technology Review.

VI.A.1.a. A new major stationary source shall apply Best Available Control Technology for 

each pollutant regulated under the Act or Federal Act that it would have the 

potential to emit in significant amounts.

VI.A.1.b. A major modification shall apply best available control technology for each 

pollutant regulated under the Act or Federal Act for which there would be a 

significant net emissions increase at the source. This requirement applies to 

each proposed emissions unit at which a net emissions increase in the pollutant 

would occur as a result of a physical change or change in the method of 

operation of the unit.

VI.A.1.c. For phased construction projects, the determination of best available control 

technology shall be reviewed and modified as appropriate for phases that 

commence construction more than 18 months after the initial granting of the 

permit

>>>

at the latest reasonable time which occurs no later than eighteen months 

prior to commencement of construction of each independent phase of the project. 

The review will be conducted in a timely manner that will allow the owner or 

operator to proceed with scheduled construction of the source. During the 

review, the owner or operator of the applicable stationary source may be required 

to demonstrate the adequacy of any previous determination of best available 

control technology for the source.
VI.A.3. Pre-construction Monitoring and Analysis

VI.A.3.a. An analysis of ambient air quality in any area that would be affected by the 

proposed major stationary source or major modification shall be performed for 

each pollutant regulated under the Act or Federal Act that the source or 

modification would emit or have the potential to emit in a significant amount, or 

for which there would be a significant net emissions increase.

VI.A.3.b. With respect to any such regulated pollutant for which no national ambient air 

quality standard exists and for which there is an acceptable method for the 

monitoring of that pollutant, the analysis shall contain such air quality monitoring 

data as the Division determines are necessary to assess ambient air quality for 

that pollutant in any area that emissions of that pollutant would affect.

VI.A.3.c. With respect to any such pollutant for which a national ambient air quality 

standard does exist, the analysis shall contain continuous air quality monitoring 

data gathered for purposes of determining whether emissions of that pollutant 

would cause or contribute to a violation of the applicable standard or any 

maximum allowable increase.

VI.A.3.d. In general, the continuous air quality monitoring data that are required under 

Section VI.A.3.c., or the pre-application monitoring of air quality related values 

required by Section XIII.B. of this part, shall have been gathered over a period of 

one year and shall represent the year preceding receipt of the application, except 

that, if the Division determines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter than one year 

(but not to be less than four months), the data that are required shall have been 

gathered over at least that shorter period. 

VI.A.3.e. The owner or operator of a proposed major stationary source or major 

modification of volatile organic compounds who satisfies all conditions of the 

Code of Federal Regulations Title 40, Part 51, Appendix S, Section IV. (but not 

including conditions resulting from amendments after July 1, 1991 and not 

including Section IV. B. of Appendix S) may provide post-approval monitoring 

data for ozone in lieu of providing pre-construction data as required under 

Section VI.A.3.a. (Information on obtaining the Code of Federal Regulations Title 

40, Part 51, Appendix S, Section IV. is available from the Director, Air Pollution 

Control Division, 4300 Cherry Creek Drive South, Denver, Colorado, 80246-

1530.)

VI.A.4. Post-Construction Monitoring. At its discretion, the Division may require that the owner or 

operator of a major stationary source or major modification conduct post-construction 

ambient monitoring for a period up to one year. The Division may also require additional 

monitoring beyond the one year period if such monitoring is necessary to determine the 

effect emissions from the stationary source or modification have, or may have, on air 

quality in any area. The monitoring of air quality related values or sensitive receptors 

required by Section XIII.B. of this part, shall be for such time as is necessary to determine 

the effect emissions from the source or modification will have on the air quality related 

values or sensitive receptors.

Post-construction monitoring requirements will be permit conditions.

VI.A.5. Operation of Monitoring Stations. The owner or operator of a major stationary source or 

major modification shall use the U.S. EPA accepted procedures for ambient monitoring 

as approved by the Division during the operation of monitoring stations for purposes of 

satisfying the requirements of Sections VI.A.3. and VI.A.4., above.
VI.A.6. Additional Impact Analysis. For each pollutant that is regulated under the Act or the 

Federal Act, and for which the source or modification would emit in significant amounts 

(as defined in Section II.A.42. of this part) or for which there would be a significant net 

emissions increase, the owner or operator shall provide an analysis of the impairment to 

visibility, water, soils, and vegetation that would occur as a result of the emissions of such 

pollutant from the source or modification and general commercial, residential, industrial, 

and other growth associated with the source or modification. The analysis of impairment 

to water will not be used in the determination of best available control technology. The 

owner or operator need not provide an analysis of the impact on vegetation having no 

significant commercial or recreational value. The additional impact analysis will include 

the effects on air quality related values as stated in Section XIII.B. of this part, if 

applicable.

The owner or operator shall provide an analysis of the air quality impact projected for the 

area as a result of general commercial, residential, industrial and other growth associated 

with the source or modification.

VI.B. Applicability of Certain PSD Requirements.

VI.B.1. The requirements of Section VI.A. do not apply to a major stationary source or major 

modification with respect to a particular pollutant if the owner or operator demonstrates 

that, as to that pollutant:

VI.B.1.a. The source or modification is subject to Part 3 of the Act and Section V. of this 

part, and the source or modification would not impact any area designated as 

attainment or unclassifiable for that pollutant; or

VI.B.1.b. The emissions from the source or modification would not be significant; or

VI.B.1.c. The source or modification is a portable stationary source that has previously 

received a permit under requirements equivalent to those contained in Section 

VI.A. of this part if:

VI.B.1.c.(i) The source proposes to relocate and emissions of the source at the 

new location would be temporary;

VI.B.1.c.(ii) The emissions from the source would not exceed its allowable 

emissions;

VI.B.1.c.(iii) The emissions from the source would impact no Class I area and no 

area where an applicable increment is known to be violated; and

VI.B.1.c.(iv) Reasonable notice identifying the proposed new location and the 

probable duration of operation at the new location and a revised Air 

Pollutant Emission Notice is given to the Division prior to the relocation. 

Such notice and revised Air Pollutant Emission Notice shall be given to 

the Division not less than ten days in advance of the proposed relocation 

unless a different time duration is previously approved by the Division.

VI.B.2. The requirements contained in Sections VI.A.2. through VI.A.4. of this part do not apply:

VI.B.2.a. To a proposed major stationary source or major modification with respect to a 

particular pollutant, if the emissions would be from a temporary source, 

modification or activity, such as construction or exploration, and would not have 
an impact on air quality in any Class I area or an area where an applicable 

increment is known to be violated; or 

VI.B.2.b. As they relate to any maximum allowable increase for a Class II area, to a 

modification of a major stationary source that was in existence on March 1, 1978, 

if the net increase in allowable emissions of each pollutant subject to regulation, 

excluding GHG, under the Act from the modification after the application of best 

available control technology would be less than fifty tons per year.

VI.B.3. The Division may exempt a proposed major stationary source or major modification from 

the requirements of Sections VI.A.3. through VI.A.5. of this part, with respect to 

monitoring for a particular pollutant if:

VI.B.3.a. The emissions of the pollutant from the new stationary source or the net 

emissions increase of the pollutant from the modification would cause air quality 

impacts, in any area, less than the following:

VI.B.3.a.(i) Carbon monoxide - 575 μg/m3

, 8-hour average;

VI.B.3.a.(ii) Nitrogen dioxide - 14 μg/m3

, annual average;

VI.B.3.a.(iii) Particulate Matter - PM10 -- 10 μg/m3

, 24-hour average; PM2.5 – 4 

μg/m3

, 24-hour average;

VI.B.3.a.(iv) Sulfur dioxide - 13 μg/m3

, 24-hour average;

VI.B.3.a.(v) Lead - 0.1 μg/m3

, 3-month average;

VI.B.3.a.(vi) Fluorides - 0.25 μg/m3

, 24-hour average;

VI.B.3.a.(vii) Total reduced sulfur - 10 μg/m3

, 1-hour average;

VI.B.3.a.(viii) Hydrogen sulfide - 0.2 μg/m3

, 1-hour average;

VI.B.3.a.(ix) Reduced sulfur compounds - 10 μg/m3

, 1-hour average; or

VI.B.3.b. The existing concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed in this section; or

VI.B.3.c. For ozone, the emissions increase or net emissions increase of volatile organic 

compounds or nitrogen oxides from the source or modification would be less than 

100 tons per year; or

VI.B.3.d. The pollutant is not referred to in this section Section VI.B.3.a.; or 

VI.B.3,e. The source or modification was subject to Section VI., with respect to PM2.5, as 

in effect before July 15, 2008, and the owner or operator submitted an application 

for a permit under this Section VI.A. of Part D before that date consistent with 

EPA recommendations to use PM10 as a surrogate for PM2.5, and the Division 

subsequently determines that the application as submitted was complete with 

respect to the PM2.5 requirements then in effect, as interpreted by EPA in the 

memorandum entitled “Interim Implementation of New Source Review 

Requirements for PM2.5” (October 23, 1997). Instead, the requirements of 

Section VI.A. of this Part D, as interpreted in the aforementioned memorandum, 
that were in effect before July 15, 2008 shall apply to such source or 

modification.

VI.B.4. The requirements of this Part D shall apply at such time that any stationary source or 

modification becomes a major stationary source or major modification solely by virtue of a 

relaxation in any enforceable limitation that was established after August 7, 1980, on the 

capacity of the source or modification to otherwise emit a pollutant such as a restriction 

on hours of operation.

VI.B.5. The following provisions apply to projects at existing emissions units at a major stationary 

source (other than projects at a source with a PAL) in circumstances where there is a 

project that is not a part of a major modification and the owner or operator elects to use 

the method specified in Sections II.A.36.b.(i) through II.A.36.b.(iii) of this Part D for 

calculating projected actual emissions.

VI.B.5.a. Before beginning actual construction of the project, the owner or operator shall 

document and maintain a record of the following information:

VI.B.5.a.(i) A description of the project;

VI.B.5.a.(ii) Identification of the emissions unit(s) whose emissions of a regulated 

NSR pollutant could be affected by the project; and

VI.B.5.a.(iii) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, 

including the baseline actual emissions, the projected actual emissions, 

the amount of emissions excluded under Section II.A.36.b.(iii) of this 

part, and an explanation for why such amount was excluded, and any 

netting calculations, if applicable.

VI.B.5.b. If the emissions unit is an existing electric utility steam-generating unit, before 

beginning actual construction, the owner or operator shall provide a copy of the 

information set out in Section VI.B.5.a. to the Division. Nothing in this Section 

VI.B.5.b. shall be construed to require the owner or operator of such a unit to 

obtain any determination from the Division before beginning actual construction.

VI.B.5.c. The owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project and that is emitted by any 

emissions unit identified in Section VI.B.5.a.(ii); and calculate and maintain a 

record of the annual emissions, in tons per year on a calendar year basis, for a 

period of five years following resumption of regular operations after the change, 

or for a period of ten years following resumption of regular operations after the 

change if the project increases the design capacity or potential to emit of that 

regulated NSR pollutant at such emissions unit.

VI.B.5.d. If the unit is an existing electric utility steam generating unit, the owner or 

operator shall submit a report to the Division within sixty days after the end of 

each year during which records must be generated under Section VI.B.5.c. 

setting out the unit's annual emissions during the calendar year that preceded 

submission of the report. 

VI.B.5.e. If the unit is an existing unit other than an electric utility steam-generating unit, 

the owner or operator shall submit a report to the Division if the annual 

emissions, in tons per year, from the project identified in Section VI.B.5.a. exceed 

the baseline actual emissions (as documented and maintained pursuant to 
Section VI.B.5.a.(iii)) by a significant amount (as defined in Section II.A.42. of this 

part) for that regulated NSR pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to Section 

VI.B.5.a.(iii). Such report shall be submitted to the Division within sixty days after 

the end of such year. The report shall contain the following:

VI.B.5.e.(i) The name, address and telephone number of the major stationary 

source;

VI.B.5.e.(ii) The annual emissions as calculated pursuant to Section VI.B.5.c.; 

and

VI.B.5.e.(iii) Any other information that the owner or operator wishes to include in 

the report (e.g., an explanation as to why the emissions differ from the 

preconstruction projection).

VI.B.6. The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to Section VI.B.5. available for review 

upon request for inspection by the Division or the general public.

VI.B.7. A stationary source or modification may apply the applicable maximum allowable 

increases for total suspended particulate matter as in effect on the date of the 

permit application, in meeting the requirements of Section VI.A.2. of this part, if 

the following requirements are met:

VI.B.7.a. The owner or operator of the source or modification submitted an application for 

a permit under Regulation Number 3 before the provisions for maximum 

allowable increases for PM10 took effect; and

VI.B.7.b. The Division determines that the application as submitted, before the date that 

the maximum allowable increases for PM10 took effect, was complete.

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XV. Actuals PALs

XV.A. Applicability.

XV.A.1. At the request of an owner or operator, the Division may approve the use of an actuals 

PAL in a Title V permit for any existing major stationary source that has operated for at 

least two years if the PAL meets the requirements in Sections XV.A. through XV.L. The 

term "PAL" shall mean "actuals PAL" throughout Section XV. of this part.

XV.A.2. Any physical change in or change in the method of operation of a major stationary source 

that maintains its total source-wide emissions below the PAL level, meets the 

requirements in Sections XV.A. through XV.L., and complies with the PAL permit:

XV.A.2.a. Is not a major modification for the PAL pollutant;

XV.A.2.b. Is not subject to the major NSR review procedures in Sections I.B., V., and VI. 

of this part; and

XV.A.2.c. Is not subject to the provisions in Section V.A.5.b. of this part (restrictions on 

relaxing enforceable emission limitations that the major stationary source used to 

avoid applicability of the major NSR program).
XV.A.3. Except as provided under Section XV.A.2.c. above, a major stationary source shall 

continue to comply with all applicable Federal or State requirements, emission limitations, 

and work practice requirements that were established prior to the effective date of the 

PAL.

XV.B. Permit application requirements.

As part of a permit application requesting a PAL, the owner or operator of a major stationary 

source shall submit the following information to the Division for approval (in addition to the 

information required by Part C of this Regulation):

XV.B.1. A list of all emissions units at the source designated as small (as defined in Section 

II.A.45. of this part), significant (as defined in Section II.A.44. of this part), and major (as 

defined in Section II.A.21. of this part) based on their potential to emit, and identifying 

each as such. In addition, the owner or operator of the source shall indicate which, if any, 

Federal or State applicable requirements, emission limitations or work practices apply to 

each unit. 

XV.B.2. Calculations of the baseline actual emissions for each emissions unit listed in Section 

XV.B.1. above (with supporting documentation). Baseline actual emissions are to include 

emissions associated not only with operation of the unit, but also emissions associated 

with startup, shutdown and malfunction.

XV.B.3. The calculation procedures that the major stationary source owner or operator proposes 

to use to convert the monitoring data to monthly emissions and annual emissions based 

on a twelve-month rolling total for each month as required by Section XV.M.1.

XV.C. General requirements for establishing PALs.

XV.C.1. A PAL may be established at a major stationary source, provided that, at a minimum, the 

requirements in Sections XV.C.1.a. through XV.C.1.g. below are met.

XV.C.1.a. The PAL shall impose an annual emission limitation in tons per year that is 

enforceable as a practical matter, for the entire major stationary source. For each 

month during the PAL effective period after the first twelve months of establishing 

a PAL, the major stationary source owner or operator shall demonstrate that the 

sum of the monthly emissions of the PAL pollutant from each emissions unit 

under the PAL for the previous twelve consecutive months is less than the PAL 

(a rolling twelve-month total). For each month during the first eleven months from 

the PAL effective date, the major stationary source owner or operator shall 

demonstrate that the sum of the preceding monthly emissions of the PAL 

pollutant for each emissions unit under the PAL is less than the PAL.

XV.C.1.b. The PAL shall be established in a PAL permit section of an operating permit 

issued pursuant to Part C of this regulation that meets the public participation 

requirements in Section XV.D.

XV.C.1.c. The PAL permit shall contain all the requirements of Section XV.F.

XV.C.1.d. The PAL shall include fugitive emissions, to the extent quantifiable, from all 

emissions units that emit or have the potential to emit the PAL pollutant at the 

major stationary source.

XV.C.1.e. Each PAL shall regulate emissions of only one pollutant.
XV.C.1.f. Each PAL shall have a PAL effective period of ten years.

XV.C.1.g. The owner or operator of the major stationary source with a PAL shall comply 

with the monitoring, recordkeeping, and reporting requirements provided in 

Sections XV.K. through XV.N. for each emissions unit under the PAL throughout 

the PAL effective period.

XV.C.2. At no time (during or after the PAL effective period) are emissions reductions of a PAL 

pollutant, which occur during the PAL effective period, creditable as decreases for 

purposes of offsets under Section V. unless the level of the PAL is reduced by the 

amount of such emissions reductions and such reductions would be creditable in the 

absence of the PAL.

XV.D. Public participation requirement for PALs. 

PALs for existing major stationary sources shall be established, renewed, or increased in 

accordance with the significant modification provisions set forth in Section I.A.7.of Part C of this 

regulation. The Division shall provide the public with notice of the proposed approval of a PAL

permit and a thirty-day period for submittal of public comment. 

XV.E. Setting the ten-year actuals PAL level. 

XV.E.1. The actuals PAL level for a major stationary source shall be established as the sum of 

the baseline actual emissions (as defined in Section II.A.4. of this Part D) of the PAL 

pollutant for each emissions unit at the source, plus an amount equal to the applicable 

significant level for the PAL pollutant under Section II.A.42. of this part, or under the 

Federal Act, whichever is lower. 

XV.E.2. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 

twenty-four month period may be used to determine the baseline actual emissions for all 

existing emissions units. However, a different consecutive twenty-four month period may 

be used for each different PAL pollutant. 

XV.E.3. Emissions associated with units that were permanently shutdown after this twenty-four 

month period must be subtracted from the PAL level. 

XV.E.4. For newly constructed units (which do not include modifications to existing units) on 

which actual construction began after the twenty-four month period, in lieu of adding the 

baseline actual emissions as specified in Section XV.E.1., above, the emissions must be 

added to the PAL level in an amount equal to the potential to emit of the units.

XV.E.5. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become 

effective on the future compliance date(s) of any applicable Federal or State regulatory 

requirement(s) that the Division is aware of prior to issuance of the PAL permit. For 

instance, if the source owner or operator will be required to reduce emissions from 

industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 

ppm, then the permit shall contain a future effective PAL level that is equal to the current 

PAL level reduced by half of the original baseline emissions of such unit(s).

XV.F. Contents of the PAL permit.

The PAL permit shall contain, at a minimum, the information in Sections XV.F.1. through XV.F.10. 

XV.F.1. The PAL pollutant and the applicable source-wide emission limitation in tons per year.
XV.F.2. The PAL permit effective date and the expiration date of the PAL (PAL effective period).

XV.F.3. Specification in the PAL permit that if a major stationary source owner or operator applies 

to renew a PAL in accordance with Section XV.I. before the end of the PAL effective 

period, then the PAL shall not expire at the end of the PAL effective period. It shall 

remain in effect until a revised PAL permit is issued by the Division.

XV.F.4. A requirement that emission calculations for compliance determination purposes include 

emissions from startups, shutdowns and malfunctions.

XV.F.5. A requirement that, once the PAL expires, the major stationary source is subject to the 

requirements of Section XV.

XV.F.6. The calculation procedures that the major stationary source owner or operator shall use 

to convert the monitoring data to monthly emissions and annual emissions based on a 

twelve-month rolling total for each month as required by Section XV.

XV.F.7. A requirement that the major stationary source owner or operator monitors all emissions 

units in accordance with the provisions under Section XV.

XV.F.8. A requirement to retain the records required under Section XV. on site. Such records may 

be retained in an electronic format.

XV.F.9. A requirement to submit the reports required under Section XV. by the required 

deadlines.

XV.F.10. Any other requirements that the Division deems necessary to implement and enforce 

the PAL.

XV.G. Reopening of the PAL permit.

XV.G.1. During the PAL effective period, the Division shall reopen the PAL permit to:

XV.G.1.a. Correct typographical/calculation errors made in setting the PAL or reflect a 

more accurate determination of emissions used to establish the PAL.

XV.G.1.b. Reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offsets under Section V.A.3. of this 

Part D.

XV.G.1.c. Revise the PAL to reflect an increase in the PAL as provided under Section 

XV.J.

XV.G.2. The Division has discretion to reopen the PAL permit to:

XV.G.2.a. Reduce the PAL to reflect newly applicable Federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date.

XV.G.2.b. Reduce the PAL consistent with any other requirement, that is enforceable as 

a practical matter, and that the Division may impose on the major stationary 

source.

XV.G.2.c. Reduce the PAL if the Division determines that a reduction is necessary to 

avoid causing or contributing to a NAAQS or PSD increment violation, or to an 

adverse impact on an air quality related value that has been identified for a 
Federal Class I area by a Federal Land Manager and for which information is 

available to the general public.

XV.G.3. Except for the permit reopening in Section XV.G.1.a. for the correction of 

typographical/calculation errors that do not increase the PAL level, all other reopenings 

shall be carried out in accordance with the public participation requirements of Section 

XV.D.

XV.H. Expiration of a PAL. 

Any PAL that is not renewed in accordance with the procedures in Section XV.I. shall expire at 

the end of the PAL effective period, and the requirements in Sections XV.H.1. through XV.H.5. 

shall apply.

XV.H.1. Each emissions unit (or each group of emissions units) that existed under the PAL shall 

comply with an allowable emission limitation under a revised permit established 

according to the procedures in Sections XV.H.1. through XV.H.5. of this part.

XV.H.1.a. Within the time frame specified for PAL renewals in Section XV.I.2., the major 

stationary source shall submit a proposed allowable emission limitation for each 

emissions unit (or each group of emissions units, if such a distribution is more 

appropriate as determined by the Division) by distributing the PAL allowable 

emissions for the major stationary source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an applicable 

requirement that became effective during the PAL effective period, as required 

under Section XV.I.5., such distribution shall be made as if the PAL had been 

adjusted.

XV.H.1.b. The Division shall determine whether and how the PAL allowable emissions 

will be distributed and issue a revised permit incorporating allowable limits for 

each emissions unit, or each group of emissions units, as the Division 

determines is appropriate.

XV.H.2. Each emissions unit(s) shall comply with the allowable emission limitation on a twelvemonth rolling total basis. The Division may approve the use of monitoring systems 

(source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to 

demonstrate compliance with the allowable emission limitation.

XV.H.3. Until the Division issues the revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as required under Section XV.H.1.a., 

the source shall continue to comply with a source-wide, multi-unit emissions cap 

equivalent to the level of the PAL emission limitation.

XV.H.4. Any physical change or change in the method of operation at the major stationary source 

will be subject to the major NSR requirements if such change meets the definition of 

major modification in Section II.A.22. of this Part D.

XV.H.5. The major stationary source owner or operator shall continue to comply with any State or 

Federal applicable requirements that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had 

been established pursuant to Sections V.A.7.b. and VI.B.4. of this part, but were 

eliminated by the PAL in accordance with the provisions in Section XV.A.2.c.

XV.I. Renewal of a PAL.
XV.I.1. The Division shall follow the procedures specified in Section XV.D. in approving any 

request to renew a PAL for a major stationary source, and shall provide both the 

proposed PAL level and a written rationale for the proposed PAL level to the public for 

review and comment. During such public review, any person may propose a PAL level 

for the source for consideration by the Division.

XV.I.2. Application deadline. 

A major stationary source owner or operator shall submit a timely application to the Division to 

request renewal of a PAL. A timely application is one that is submitted at least twelve months 

prior to, but not earlier than eighteen months from, the date of PAL permit expiration. This 

deadline for application submittal is to ensure that the permit will not expire before the permit is 

renewed. If the owner or operator of a major stationary source submits a complete application , 

including any additional information requested by the Division, to renew the PAL within this time 

period, then the PAL shall continue to be effective until the revised permit with the renewed PAL 

is issued.

XV.I.3. Application requirements. 

The application to renew a PAL permit shall contain the information required in Sections XV.I.3.a. 

through XV.I.3.d., below.

XV.I.3.a. The information required in Sections XV.B.1. through XV.B.3. of this part.

XV.I.3.b. A proposed PAL level.

XV.I.3.c. The sum of the potential to emit of all emissions units under the PAL (with 

supporting documentation).

XV.I.3.d. Any other information the owner or operator wishes the Division to consider in 

determining the appropriate level for renewing the PAL.

XV.I.4. PAL adjustment. 

In determining whether and how to adjust the PAL, the Division shall consider the options outlined 

in Sections XV.I.4.a. and XV.I.4.b. However, in no case may any such adjustment fail to comply 

with Section XV.I.4.c.

XV.I.4.a. If the emissions level calculated in accordance with Section XV.E. is equal to or 

greater than eighty percent of the PAL level, the Division may renew the PAL at 

the same level without considering the factors set forth in Section XV.I.4.b.; or 

XV.I.4.b. The Division may set the PAL at a level that it determines to be more 

representative of the source's baseline actual emissions, or that it determines to 

be appropriate considering air quality needs, advances in control technology, 

anticipated economic growth in the area, desire to reward or encourage the 

source's voluntary emissions reductions, or other factors as specifically identified 

by the Division in its preliminary analysis or technical review document.

XV.I.4.c. Notwithstanding Sections XV.I.4.a. and XV.I.4.b. above,

XV.I.4.c.(i) If the potential to emit of the major stationary source is less than the 

PAL, the Division shall adjust the PAL to a level no greater than the 

potential to emit of the source; and
XV.I.4.c.(ii) The Division shall not approve a renewed PAL level higher than the 

current PAL, unless the major stationary source has complied with the 

provisions of Section XV.J. (increasing a PAL).

XV.I.5. If the compliance date for a State or Federal requirement that applies to the PAL source 

occurs during the PAL effective period, and if the Division has not already adjusted for 

such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V 

permit renewal, whichever occurs first.

XV.J. Increasing a PAL during the PAL effective period.

XV.J.1. The Division may increase a PAL emission limitation only if the major stationary source 

complies with the provisions in Sections XV.J.1.a. through XV.J.1.d. below.

XV.J.1.a. The owner or operator of the major stationary source shall submit a complete 

application to request an increase in the PAL limit for a PAL major modification. 

Such application shall identify the emissions unit(s) contributing to the increase in 

emissions so as to cause the major stationary source's emissions to equal or 

exceed its PAL.

XV.J.1.b. As part of this application, the major stationary source owner or operator shall 

demonstrate that the sum of the baseline actual emissions of the small emissions 

units, plus the sum of the baseline actual emissions of the significant and major 

emissions units assuming application of BACT equivalent controls, plus the sum 

of the allowable emissions of the new or modified emissions unit(s) exceeds the 

PAL. The level of control that would result from BACT equivalent controls on 

each significant or major emissions unit shall be determined by conducting a new 

BACT analysis at the time the application is submitted, unless the emissions unit 

is currently required to comply with a BACT or LAER requirement that was 

established within the preceding ten years. In such a case, the assumed control 

level for that emissions unit shall be equal to the level of BACT or LAER with 

which that emissions unit must currently comply.

XV.J.1.c. The owner or operator obtains a major NSR permit for all emissions unit(s) 

identified in Section XV.J.1.a., regardless of the magnitude of the emissions 

increase resulting from them (that is, no significant levels apply). These 

emissions unit(s) shall comply with any emissions requirements resulting from 

the major NSR process (for example, BACT or LAER), even though they have 

also become subject to the PAL or continue to be subject to the PAL. 

XV.J.1.d. The PAL permit shall require that the increased PAL level shall be effective on 

the day any emissions unit that is part of the PAL major modification becomes 

operational and begins to emit the PAL pollutant.

XV.J.2. The Division shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the 

significant and major emissions units (assuming application of BACT equivalent controls 

as determined in accordance with Section XV.J.1.b.), plus the sum of the baseline actual 

emissions of the small emissions units.

XV.J.3. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public 

notice requirements of Section XV.D. of this part.

XV.K. Monitoring requirements for PALs.
XV.K.1. General Requirements.

XV.K.1.a. Each PAL permit shall contain enforceable requirements for the monitoring 

system that accurately determines plant-wide emissions of the PAL pollutant in 

terms of mass per unit of time. Any monitoring system authorized for use in the 

PAL permit must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. Additionally, the 

information generated by such system must meet minimum legal requirements 

for admissibility in a judicial proceeding to enforce the PAL permit.

XV.K.1.b. The PAL monitoring system must employ one or more of the four general 

monitoring approaches meeting the minimum requirements set forth in Sections 

XV.K.2.a. through XV.K.2.d. and must be approved by the Division.

XV.K.1.c. Notwithstanding Section XV.K.1.b., you may also employ an alternative 

monitoring approach that meets the requirements of Section XV.K.1.a. if 

approved by the Division.

XV.K.1.d. Failure to use a monitoring system that meets the requirements of this Section 

renders the PAL invalid.

XV.K.2. Minimum Performance Requirements for Approved Monitoring Approaches. 

The following are acceptable general monitoring approaches when conducted in accordance with 

the minimum requirements in Sections XV.K.3. through XV.K.9:

XV.K.2.a. Mass balance calculations for activities using coatings or solvents;

XV.K.2.b. CEMS (as defined in Section I.B.14. of Part A);

XV.K.2.c. CPMS or PEMS (as defined in Sections I.B.16. and I.B.38., respectively, of 

Part A); and

XV.K.2.d. Published, verifiable emission factors

XV.K.3. Mass Balance Calculations. 

An owner or operator using mass balance calculations to monitor PAL pollutant emissions from 

activities using coating or solvents shall meet the following requirements:

XV.K.3.a. Provide a demonstrated means of validating the published content of the PAL 

pollutant that is contained in or created by all materials used in or at the 

emissions unit;

XV.K.3.b. Assume that the emissions unit emits all of the PAL pollutant that is contained 

in or created by any raw material or fuel used in or at the emissions unit, if it 

cannot otherwise be accounted for in the process; and

XV.K.3.c. Where the vendor of a material or fuel, which is used in or at the emissions 

unit, publishes a range of pollutant content from such material, the owner or 

operator must use the highest value of the range to calculate the PAL pollutant 

emissions unless the Division determines there is site-specific data or a sitespecific monitoring program to support another content within the range.

XV.K.4. CEMS.
An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following 

requirements:

XV.K.4.a. CEMS must comply with applicable Performance Specifications found in the 

Code of Federal Regulations Title 40, Part 60, Appendix B, and Part 75; and

XV.K.4.b. CEMS must sample, analyze and record data at least every fifteen minutes 

while the emissions unit is operating.

XV.K.5. CPMS or PEMS.

An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the 

following requirements:

XV.K.5.a. The CPMS or the PEMS must be based on current site specific data 

demonstrating a correlation between the monitored parameter(s) and the PAL 

pollutant emissions across the range of operation of the emissions unit; and

XV.K.5.b. Each CPMS or PEMS must sample, analyze, and record data at least every 

fifteen minutes, or at another less frequent interval approved by the Division, 

while the emissions unit is operating.

XV.K.6. Emission factors. 

An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the 

following requirements: 

XV.K.6.a. All emission factors shall be adjusted, if appropriate, to account for the degree 

of uncertainty or limitations in the factors' development;

XV.K.6.b. The emissions unit shall operate within the designated range of use for the 

emission factor, if applicable; and 

XV.K.6.c. If technically practicable, the owner or operator of a significant emissions unit 

that relies on an emission factor to calculate PAL pollutant emissions shall 

conduct validation testing to determine a site-specific emission factor within six 

months of PAL permit issuance, unless the Division determines that testing is not 

required.

XV.K.7. A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions 

unit during any period of time that there is no monitoring data, unless another method for 

determining emissions during such periods is specified in the PAL permit.

XV.K.8. Notwithstanding the requirements in Sections XV.K.3. through XV.K.7., where an owner 

or operator of an emissions unit cannot demonstrate a correlation between the monitored 

parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions 

unit, the Division shall, at the time of permit issuance:

XV.K.8.a. Establish default value(s) for determining compliance with the PAL based on 

the highest potential emissions reasonably estimated at such operating point(s); 

or
XV.K.8.b. Determine that operation of the emissions unit during operating conditions 

when there is no correlation between monitored parameter(s) and the PAL 

pollutant emissions is a violation of the PAL.

XV.L. Re-validation. 

All data used to establish the PAL pollutant must be re-validated through performance testing or 

other scientifically valid means approved by the Division. Such testing must occur at least once 

every five years after issuance of the PAL.

XV.M. Recordkeeping requirements.

XV.M.1. The PAL permit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of Section XV. of this part and 

of the PAL, including a determination of each emissions unit's twelve-month rolling total 

emissions, for five years from the date of such record. 

XV.M.2. The PAL permit shall require an owner or operator to retain a copy of the following 

records for the duration of the PAL effective period plus five years:

XV.M.2.a. A copy of the PAL permit application and any applications for revisions to the 

PAL; and

XV.M.2.b. Each annual certification of compliance pursuant to Part C of this regulation, 

and the data relied on in certifying the compliance.

XV.N. Reporting and notification requirements.

The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports 

to the Division in accordance with the requirements of the applicable Title V permit and Section 

V.C.7. of Part C of this regulation. The reports shall meet the requirements in Sections XV.K.11.a. 

through XV.K.11.c. below. 

XV.N.1. Semi-Annual Report. 

The semi-annual report shall be submitted to the Division within thirty days of the end of each 

reporting period. This report shall contain the information required by the Title V permit, Section 

V.C.7.a. of Part C of this regulation, and Sections XV.N.1.a. through XV.N.1.g., below.

XV.N.1.a. The identification of owner and operator and the permit number.

XV.N.1.b. Total annual emissions (tons/year) based on a twelve-month rolling total for 

each month in the reporting period recorded pursuant to Section XV.K.10.a.

XV.N.1.c. All data relied upon, including, but not limited to, any Quality Assurance or 

Quality Control data, in calculating the monthly and annual PAL pollutant 

emissions shall be made available upon request by the Division.

XV.N.1.d. A list of any emissions units modified or added to the major stationary source 

during the preceding six-month period.

XV.N.1.e. The number, duration, and cause of any deviations or monitoring malfunctions 

(other than the time associated with zero and span calibration checks), and any 

corrective action taken.
XV.N.1.f. A notification of a shutdown of any monitoring system, whether the shutdown 

was permanent or temporary, the reason for the shutdown, the anticipated date 

that the monitoring system will be fully operational or replaced with another 

monitoring system, whether the emissions unit(s) monitored by the monitoring 

system continued to operate, and calculations of emissions from those units as 

provided by Section XV.K.7. of this part.

XV.N.1.g. A signed statement by the responsible official (as defined in Section I.B.40. of 

Part A of this regulation) certifying the truth, accuracy, and completeness of the 

information provided in the report.

XV.N.2. Deviation report.

The major stationary source owner or operator shall promptly submit reports of any deviations or 

exceedance of the PAL requirements, including periods where no monitoring is available. A report 

submitted pursuant to Section V.C.7.b. of Part C of this regulation shall satisfy this reporting 

requirement. The deviation reports shall be submitted within the time limits prescribed by Section 

V.C.7.b. of Part C. The reports shall contain the following information: 

XV.N.2.a. The identification of owner and operator and the permit number;

XV.N.2.b. The PAL requirement that experienced the deviation or that was exceeded;

XV.N.2.c. Emissions resulting from the deviation or the exceedance; and

XV.N.2.d. A signed statement by the responsible official (as defined in Section I.B.40. of 

Part A of this regulation) certifying the truth, accuracy, and completeness of the 

information provided in the report.

XV.N.3. Re-validation results 

The owner or operator shall submit to the Division the results of any revalidation test or method 

within three months after completion of such test or method.

XV.O. If any provision of this Section, or the application of such provision to any person or circumstance, 

is held invalid, the remainder of this Section, or the application of such provision to persons or 

circumstances other than those as to which it is held invalid, shall not be affected thereby.

>>>

PART F REGIONAL HAZE LIMITS - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) 

AND REASONABLE PROGRESS (RP) 

The provisions of Section VI (Regional Haze Determinations) and VII (MRR) of Regulation 3, Part F shall 

be incorporated into Colorado’s Regional Haze State Implementation Plan. All other Sections of 

Regulation 3, Part F are State-Only. 

The provisions of Part 51, Appendix Y, Title 40, of the Code of Federal Regulations (CFR), promulgated 

by the U.S. Environmental Protection Agency listed in this Section are hereby incorporated by reference 

by the Air Quality Control Commission and made a part of the Colorado Air Quality Control Commission 

Regulations as modified by the following Regulation Number 3, Part F. Materials incorporated by 

reference are those in existence as July 6, 2005 and do not include later amendments. The material 

incorporated by reference is available for public inspection during regular business hours at the Office of 

the Commission, located at 4300 Cherry Creek Drive South, Denver, Colorado 80246, or may be 

examined at any state publications depository library. The material incorporated by reference is also 
available through the United States Government Printing Office, online at www.gpo.gov/fdsys. Parties 

wishing to inspect these materials should contact the Technical Secretary of the Commission, located at 

the Office of the Commission.

>>>

PART G STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

I.WW. Adopted December 20, 2012

Regulation Number 3, Parts A, B, C, D, and Appendix B of Part A – revising language for conformity with 

the New Source Review Program and approved State Implementation Plan (“SIP”); streamlining the 

permit issuance process; and other typographical, grammatical, and formatting errors. 

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the 

Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., and the Colorado Air Pollution 

Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(a), 25-7-201 though 25-7-

206, 25-7-210, 25-7-301, and 25-7-302, C.R.S. authorize the Air Quality Control Commission 

(“Commission”) to promulgate a comprehensive State Implementation Plan (“SIP”) which will assure 

attainment and maintenance of national ambient air quality standards (“NAAQS”) and prevent significant 

deterioration (“PSD”) of air quality in conformance with the Federal and Colorado Acts. Section 25-7-

105(1)(c) further states that definitions used in the PSD program shall not differ from definitions pertaining 

to the federal PSD program in the Clean Air Act Section 169. Section 25-7-105(12) authorizes the 

Commission to promulgate regulations necessary to implement the provisions of the emission notice, 

construction permit, and Title V programs. Section 25-7-106(7)(a) authorizes the Commission to develop 

a program to apply and enforce relevant provisions of the SIP including the imposition of any fees 

necessary to administer the program. Section 25-7-114.4 authorizes the Commission to promulgate 

regulations necessary and proper for the orderly and effective administration of construction permits and 

renewable operating permits. And, Section 25-7-114.5 authorizes the Commission to designate which 

projects or activities requiring a construction permit application warrant public comment.

Specific Statutory Authority

The Commission amended the Permit Processing Fees, Section VI.B.5., to streamline the permit 

issuance process by allowing the Division to issue a construction permit prior to receiving full payment for 

the assessed permit processing fees. This amendment eliminates delay in construction permit issuance 

resulting from invoice and payment processing. Under the amended issuance process, failure to pay 

processing fees may result in late fees or revocation of the permit. Applicants will be notified of this 

process in the written request for processing fees. This amendment does not negatively impact permit 

applicants who follow the regulatory permit processing fee payment schedule.

Basis and Purpose

The Commission amended Appendix B to Part A to identify non-criteria reportable pollutants first 

alphabetically by Chemical Bin (“BIN”) and then by chemical abstract service (“CAS”) number to increase 

the clarity and usability of the Appendix.

The Commission amended the Part B, Section III.C.1.a., Public Comment and Hearing Requirements to 

include attainment/maintenance areas.

The Commission removed the italic font and deleted the underlined text throughout the regulation, 

primarily in Part D, in response to EPA’s approval of the corresponding language into Colorado’s SIP on 
January 9, 2012 (77 Fed. Reg. 1027), and April 10, 2012 (77 Fed. Reg. 21453). Based on EPA’s final 

actions, the italicized rule language, minus the underlined text, became effective on May 10, 2012. 

The Commission corrected the PM2.5 Major Source Baseline Date, Part D, Section II.A.23.c., to 

reference the major source baseline date set by EPA on October 20, 2010 (75 Fed. Reg. 64864).

The Commission corrected a regulatory reference in Requirements Applicable to Nonattainment Areas, 

Part D, Section V.A.6., to reference the Federal Class I Areas, Part D, Section XIII.A.
Meeting Agenda where Public Hearing Occurred and 

Notice published in the Legal Ads of the Denver Post

40 CFR Part 51 Appendix V 2.1(f)
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 80246-1530

Phone (303) 692-3100

Fax (303) 691-7702

TDD (303) 691-7700

Colorado Department

of Public Health 

and Environment

Notice of Meeting and Agenda

Air Quality Control Commission

December 20, 2012

Colorado Department of Public Health & Environment

4300 Cherry Creek Drive South, Sabin Room

Denver, Colorado

9:00 a.m.

Call to Order: Determination of a Quorum

Approval of Minutes: Review/Approval of the October 18, 2012 meeting minutes of the 

Air Quality Control Commission.

Public Comment: The public is invited to comment on any air pollution issue not on 

the agenda. The Commission will not take action on issues 

discussed under this item today; however, items may be scheduled 

for further discussion or action.

CONSENT AGENDA

The Commission will vote on Item Numbers 1 through 5 as part of a Consent Agenda. Adoption of a 

Consent Agenda allows the Commission to consolidate voting on agenda items that do not need to be 

discussed individually and for which presentation of additional information is not required. 

REQUEST FOR PUBLIC HEARINGS – FEBRUARY 21, 2013

1. Regulation Number 9: Open Burning, Prescribed Fire and Permitting

The National Park Service will request a public hearing to present to the Commission its 

revised significant user prescribed fire planning document.
2

2. DRCOG Conformity Determination

The Division and the DRCOG will request a public hearing to present to the Commission its 

transportation conformity determinations for DRCOG’s 2035 Regional Transportation Plan 

and Transportation Improvement Program. This conformity determination has been 

determined to be “non-routine” because there are several regional transit projects proposed 

for removal from the 2035 Plan and revisions of high occupancy vehicle lane usage rules are 

being proposed; these plan revisions necessitate the Commission’s consideration in 

accordance with Regulation Number 10. 

REQUEST FOR WRITTEN COMMENT ONLY RULEMAKING HEARINGS – MARCH 21, 2013

3. Procedural Rules – Rule Review

The Commission will set a written comment only rulemaking hearing to consider revisions 

to the Commission’s Procedural Rules. The proposed revisions would eliminate or update 

obsolete provisions, delete duplicate language, and improve their “readability” so that the 

rules can be more easily understood by the general public. 

RULEMAKING HEARINGS

4. Lamar PM10 Maintenance Plan and Air Quality Standards Regulation

The Commission will consider proposed changes to the Lamar PM10 Maintenance Plan.

This is the second of the 10-year plans required by the Clean Air Act. Additionally, a change 

to the “Air Quality Standards – Air Quality Standards, Designations and Emission Budgets” 

regulation is proposed to update the PM10 emission budget for the Lamar area.

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

The Commission will consider proposed changes to Regulation 3, Parts A, B, C and D that 

will correct and clarify existing provisions to ensure consistency with federal regulations 

and Colorado’s implementation of these rules.

REGULAR AGENDA

REQUEST FOR RULEMAKING HEARING – MARCH 21, 2013

6. Regulation Number 6, Part B

(10 minutes presentation, 10 minutes discussion)

The Division will request that the Commission set a rulemaking hearing to consider 

proposed changes to Regulation Number 6, Part B, Section I.B. specific to relocation of 

newer engines into Colorado from outside of Colorado. The proposed revisions would 

reduce the regulatory burden on owners and operators of these engines and in some cases 

could reduce the emission control requirements for these engines to the minimum standards 

required by federal NSPS IIII or NSPS JJJJ requirements. Typographical, grammatical and 

formatting errors found throughout the regulation will also be corrected. 
3

RULEMAKING HEARINGS

7. Regulation Number 7

(15 minutes presentation, 20 minutes discussion)

The Commission will consider proposed changes to Regulation 7 to address regulatory 

provisions for oil and gas operations that EPA did not approve for inclusion into Colorado’s 

State Implementation Plan. The more significant revisions 1) remove the sunset date for the 

system-wide condensate storage tank control requirement applicable in the Denver/North 

Front Range ozone nonattainment area, 2) clarify that federally enforceable monitoring 

requirements cannot be replaced by state-only options, and 3) clarify that the first 90 day 

controls on condensate tanks are state-only requirements.

8. Regulation Number 11

(20 minutes presentation, 20 minutes discussion)

The Commission will consider modifications to Regulation 11, Motor Vehicle Emissions 

Inspection Program that would take effect in January 2015. Significant proposed program 

changes include increasing model year exemptions from four to seven model years and 

implementing and on-board diagnostics testing program for model years’ eight through 

eleven.

BRIEFINGS, DISCUSSIONS AND REPORTS

9. Regulation Number 9: Annual Update

(15 minutes presentation, 15 minutes discussion)

The Division will provide an annual update to the Commission on the projected costs for the 

Smoke Management Program.

10. Commissioner Informational Items

Commissioners will discuss among themselves activities that they have participated in over 

the past month that they believe other Commissioners and/or members of the public may be 

interested in hearing about.

11. Division Director’s Report – Will Allison

• Monthly activities report

• Legislative update

12. Attorney General’s Report – Andrea Gelfuso-Goetz

• Update of any recent court actions on air quality issues

13. Administrator’s Report – Mike Silverstein

• Review February 2013 agenda items (there will not be a January 2013 meeting)

• Review of Action Items from today’s Commission meeting

Adjourn
The Denver Newspaper Agency 

PUBLISHER'S AFFIDAVIT 

City and County of Denver 

State of Colorado 

The undersigned Jean Birch 

being first duly sworn under oath, states 

and affirms as follows: 

1. He/she is the legal Advertising Reviewer 

of the Denver Newspaper Agency. publisher 

of The Denver Post and Your Hub. 

2. The Denver Post and Your Hub are 

newspapers of general circulation that 

have been published continuously and 

without interruption for at least 

fifty-two weeks in Denver County 

and meet the legal requisites for a legal 

newspaper under Colo. Rev. Stat. 24-70-103. 

3. The notice that is attached hereto 

is a true copy, published in The Denver Post 

on the following date(s): 

)-71 2 

Subscribed and sworn to before me this 12 

day of October , 2012. 

Notary Public 

My commission expires September 14, 201 3 

(SEAL) 

Notice of Public and Rulemaking Hearings and Public Comment Hearings 

PUBLISH 10/12/12 

The Colorado Air Quality Control Commission will hold the following Rulemaking Hearings: 

DATE: December 20,2012 TIME: 9.00 AM PLACE: Colorado Department of Public Health and Environment 

4300 Cherry Creek Drive South - Sabin Conference Room 

Denver, CO 80246 

Notice of Rulemaking Hearing before the Colorado Air Quality Control Commission regarding Regulation Number 3, Parts A-D 

The Air Quality Control Commission will hold a rulemaking hearing to consider 

revisions to Regulation Number 3. The proposed changes will clarify, 

streamline, and correct sections of Parts A, B, C, D, and Appendix B of Part 

A. These revisions are administrative in nature and necessary for accuracy, 

efficiency, and conformity with the federal New Source Review (" NSR" ) 

Program and the federally approved State Implementation Plan (" SIP" ). 

The revisions to Regulation Number 3, Parts A, B, D, and Appendix B are SIP 

revisions. The Title V Operating Permitting Program in Regulation Number 

3, Part C is a delegated program; thus, revisions to Part C are not SIP revisions. Further, the proposed revisions will correct any typographical, grammatical, and formatting errors found through the regulation. 

Notice of Rulemaking Hearing before the Colorado Air Quality Control Commission regarding Regulation Number 7 

The Air Quality Control Commission will hold a rulemaking hearing to consider 

revisions to Regulation Number 7 to address the Environmental Protection 

Agency's (" EPA" ) partial disapproval (76 Fed. Reg. 47443, August 5, 2011) of 

Colorado's Ozone State Implementation Plan (" SIP'). The SIP revisions' 

under review were adopted by the Commission in December 2008, and submitted to the EPA in June 2009. The Commission will also consider revisions 

Section XVII to clarify state-only requirements, similar to those required in 

Colorado's SIP. The proposed revisions may also correct typographical, 

grammatical,or formatting errors throughoutthe regulation. 

Notice of Rulemaking Hearing before the Colorado Air Quality Control Commission regarding Regulation Number 11 

The Air Quality Control Commission (Commission) will hold a public hearing to 

consider revisions to Regulation Number 11. The Air Pollution Control Division (Division) has proposed changes to the gasoline vehicle inspection and 

maintenance program (I/ M) that would put in place a program to help meet the region's future air quality needs. The Division is proposing to increase the 

new vehicle model-year exemptions from emissions testing from four to 

seven years, to require on-board diagnostics (OBD) testing for the next two 

inspection cycles, to require the current I/M-240 testing commencing with 

the third inspection cycle, to maintain the remote sensing provisions of the 

current program, to address other minor program deficiencies, and to delete obsolete language, and to revise typographical, grammatical, and formatting errors. Proposals that alter the structure of the Division's recommended program, such as modifying the model-year exemptions or the 

number of inspection cycles that vehicles would be subject to OBD or I/M240 testing may be accepted for consideration by the Commission. Proposals 

that recommend changes to the program's current boundaries will be not be 

considered by the Commission. Certain program elements of Regulation 

Number 11 are currently in the federal State Implementation Plan, and the 

proposed regulations are intended to update and replace both federally-required and state-only measures. 

Notice of Rulemaking Hearing before the Colorado Air Quality Control Commission regarding Lamar PM10 Maintenance Plan and Air Quality Standards, Designations and Emission Budgets Regulation 

The Air Quality Control Commission will hold a rulemaking hearing to consider 

a proposed revised PM10 Maintenance Plan for the Lamar Attainment/Maintenance Area. Approval of the associated documents by both the 

City of Lamar is anticipated by November 2012. Additionally, a change to the 

Air Quality Standards - Air Quality Standards, Designations and Emission 

Budgets" regulation is proposed to update the PM10 emission budget f or the 

Lamar area. 

Signature/ 
Procedural Documents of the Commission

- Agenda Item Control Sheet

- Memorandum of Notice

- Economic Impact Analysis (initial and final)




8/28/12 Memorandum of Notice for Regulation 3, Parts A, B, C, D, and Appendix B Page 1 of 3

MEMORANDUM OF NOTICE

Date: August 28, 2012

To: Colorado Air Quality Control Commission

Subject: Revisions to Regulation Number 3, Parts A, B, C, D, and Appendix B of Part A

The Colorado Department of Public Health and Environment, Air Pollution Control Division 

(“Division”) requests that the Air Quality Control Commission (“Commission”) consider 

proposed revisions to Regulation Number 3. Specifically, the Division proposes to clarify, 

streamline, and correct sections of Parts A, B, C, D, and Appendix B of Part A. These revisions 

are administrative and necessary for accuracy, efficiency, and conformity with the federal New 

Source Review (“NSR”) Program and the federally approved State Implementation Plan (“SIP”). 

The revisions to Regulation Number 3, Parts A, B, D, and Appendix B are SIP revisions. The 

Title V Operating Permitting Program in Regulation Number 3, Part C is a delegated program; 

thus, revisions to Part C are not SIP revisions.

Further, the proposed revisions will correct any typographical, grammatical, and formatting 

errors found through the regulation.

What is in this Package?

This rulemaking package includes the language of the proposed changes to Regulation Number 

3, Parts A, B, C, D, and Appendix B to Part A. This package also includes the Statements of 

Basis, Specific Authority, and Purpose.

Explanation of the Proposed Rule

The Division proposes that the Commission amend Part A to streamline the permit issuance 

process and correct a regulatory reference; amend Part B to clarify the inclusion of 

attainment/maintenance areas under public comment and hearing requirements; amend Part D 
8/28/12 Memorandum of Notice for Regulation 3, Parts A, B, C, D, and Appendix B Page 2 of 3

language to reflect current state implementation plan approved language and correct a regulatory 

reference; and amend Appendix B to increase usability.

Materials Contained in the Proposed Rule

The redline-strikeout version of the proposed revisions to Regulation Number 3 is attached.

Public Meetings Plan

The Division did not hold meetings for this rulemaking prior to the Request for Public Hearing 

before the Commission. This rulemaking is proposed as a written comment only rulemaking.

Background on the Development of the Rulemaking Proposal

What is the problem?

The regulation contains incorrect regulatory references.

There is an unnecessary delay between application review and construction permit issuance.

The separate lists of chemicals in Appendix B were previously merged into one list. 

The Part B construction permit public comment and hearing requirements do not address

attainment/maintenance areas.

The italicized font and underlined text throughout the regulation, primarily in Part D, are no 

longer necessary now that EPA has approved the associated provisions into Colorado’s SIP and 

confuse the public and sources as to the applicable requirements.

How does this proposed rule help solve the problem?

The proposed rule corrects regulatory references. 

The proposed rule expedites construction permit issuance by allowing the Division to issue a 

construction permit prior to receiving full payment for the assessed permit processing fees. This 

process change eliminates delay in permit issuance resulting from invoice and payment

processing. Under the proposed process, failure to pay processing fees may result in late fees or 

revocation of the permit. Applicants will be notified of this process in the written request for 

processing fees. The proposed rule does not negatively impact permit applicants who follow the 

regulatory permit processing fee payment schedule.

The proposed rule categorizes Appendix B into BIN letter and CAS number to increase usability. 

The proposed rule clarifies that sources located in an attainment/maintenance area may be 

subject to the Part B public comment and hearing requirements. 
8/28/12 Memorandum of Notice for Regulation 3, Parts A, B, C, D, and Appendix B Page 3 of 3

The proposed rule removes the italic font and underlined text from the regulation, primarily Part 

D, to reflect the federal New Source Review program and the federally approved Colorado SIP 

language currently in effect. 

How was the rule developed?

EPA’s approvals of Part D in the SIP were noticed and discussed at the federal level. The 

remaining proposed revisions are corrections or clarifications.

How does the rule compare to federal requirements or adjacent state requirements?

Federal requirements:

Regulation Number 3, Part D is currently part of the federally approved SIP and became 

effective May 10, 2012.

Other State requirements:

Utah, New Mexico, and Arizona all have major source NSR Programs.

How will the rule be implemented?

The revisions are self-implementing through Regulation Number 3, Parts A, B, C, and D. 

Are there time constraints?

No specific time constraints apply to these revisions.

What if the Air Quality Control Commission does not adopt the proposed rule?

If the Commission does not adopt the proposed revisions, the public, regulated community, and 

other agencies will experience uncertainty from unclear and incorrect regulatory text and font. 

The regulated community may also suffer from a potential continued delay in permit issuance. 

Contact for more information:

If you would like more information on this rulemaking, please contact Leah Martland at (303) 

692-6269 or leah.martland@state.co.us. 
8/28/12 Initial Economic Impact Analysis – Regulation 3, Parts A, B, C, D, Appendix B Page 1 of 3

Initial Economic Impact Analysis

for

Proposed Revisions to the Air Quality Control Commission’s

Regulation Number 3

“Stationary Source Permitting and Air Pollutant Emission Notice Requirements”

Parts A, B, C, D, and Appendix B to Part A

Per C.R.S. 25-7-110.5

August 28, 2012

I. Issue

The Colorado Department of Public Health and Environment, Air Pollution Control Division 

(“Division”) is petitioning the Colorado Air Quality Control Commission (“Commission”) to 

consider proposed revisions to Regulation Number 3, specifically sections of Parts A, B, C, D, 

and Appendix B of Part A. 

The revisions to Regulation Number 3, Parts A, B, D, and Appendix B are SIP revisions. The 

Title V Operating Permitting Program in Regulation Number 3, Part C is a delegated program; 

thus, revisions to Part C are not SIP revisions.

Further, the Division is proposing to correct any typographical, grammatical, and formatting 

errors found through the regulation.

II. Requirements for Economic Impact Analysis (EIA)

Section 25-7-110.5(4)(a), C.R.S. sets forth the requirements for the initial and final Economic 

Impact Analysis, as stated below:

Before any permanent rule is proposed pursuant to this section, an initial economic 

impact analysis shall be conducted in compliance with this subsection (4) of the proposed 

rule or alternative proposed rules. Such economic impact analysis shall be in writing, 

developed by the proponent, or the Division in cooperation with the proponent and made 

available to the public at the time any request for hearing on a proposed rule is heard by 

the commission. A final economic impact analysis shall be in writing and delivered to the 

technical secretary and to all parties of record five working days prior to the prehearing 

conference. If no prehearing conference is scheduled, the economic impact analysis shall 

be submitted at least ten working days before the date of the rule-making hearing. The 

proponent of an alternative proposal will provide, in conjunction with the Division, a 

final economic impact analysis five working days prior to the prehearing conference. The 

economic impact analyses shall be based upon reasonably available data. Except where 

data is not reasonably available, or as otherwise provided in this section, the failure to 

provide an economic impact analysis of any noticed proposed rule or any alternative 

proposed rule will preclude such proposed rule or alternative proposed rule from being 

considered by the Commission. Nothing in this section shall be construed to restrict the 

Commission's authority to consider alternative proposals and alternative economic impact 
8/28/12 Initial Economic Impact Analysis – Regulation 3, Parts A, B, C, D, Appendix B Page 2 of 3

analyses that have not been submitted prior to the prehearing conference for good cause 

and so long as parties have adequate time to review them.

Per Section 25-7-110.5(2), C.R.S., the requirements of Section 25-7-110.5(4) shall not apply to 

rules which: (1) adopt by reference applicable federal rules; (2) adopt rules to implement 

prescriptive state statutory requirements where the AQCC is allowed no significant policymaking options; or, (3) adopt rules that have no regulatory impact on any person, facility or 

activity.

III. Discussion

There is little to no economic impact beyond those requirements that already apply. The 

majority of the revisions reflect current SIP approved language. The permit streamlining 

revisions that speed up the permit issuance timing change and eliminate administrative 

payment processing delays. Finally, the remaining revisions are minor typographical, 

grammatical, and formatting corrections.

These revisions are administrative in nature and necessary for accuracy, efficiency, and 

conformity with the federal New Source Review (“NSR”) Program and the federally approved 

State Implementation Plan (“SIP”). However, the Division recognizes that sources may be 

impacted by the proposed Permit Processing Fees revision and provides the following 

information that:

(A) Identifies the industrial and business sectors that will be impacted by the proposal; and 

(B) Quantifies the direct cost to the primary affected business or industrial sector; and 

(C) Incorporates an estimate of the economic impact of the proposal on the supporting 

business and industrial sectors associated with the primary affected business or industry 

sectors.

Section 25-7-110.5(4)(c)(III), C.R.S.

A. Industrial and business sectors impacted by the proposal

There are no anticipated regulatory impacts on any industrial or business sector as a result of 

correcting and clarifying Part A-Appendix B, Part B-Public Comment and Hearing 

Requirements, or the Part D text. 

The industrial and business sectors impacted by the proposed Part A-Permit Processing Fees 

revision include any air pollution emission source that must obtain construction permits.

B. Direct cost to the primary affected business and industrial sector

There are no anticipated direct costs to the primary industrial and business sectors. The 

Division’s permit review, issuance, and revocation processes are well established and the 

proposed revision merely shifts the time in which the permit is issued. Permit applicants will in 

fact receive their approved permits at least 30 days sooner and will have the same timeframe in 
8/28/12 Initial Economic Impact Analysis – Regulation 3, Parts A, B, C, D, Appendix B Page 3 of 3

which to pay the assessed permit processing fees. Thus, this revision would benefit all business 

sectors and stationary sources that are subject to construction permitting requirements because 

sources will be able to commence construction earlier. However, due to the wide variety of 

business sectors and vast number of industrial sources, it difficult to quantify this economic 

benefit. 

C. Estimate of the economic impact on the supporting business and industrial 

sectors associated with the primary business or industry sectors

There are no anticipated economic impacts on businesses and industrial sectors supporting the 

primary industrial sectors.

IV. Summary and Conclusion

As discussed above, the Division is petitioning the Commission to adopt revisions to Regulation 

3 that clarify, correct, and streamline Parts A, B, C, D, and Appendix B of Part A. The proposed 

changes should have no negative economic impact on air pollution emission sources and in fact 

may benefit stationary sources required to obtain construction permits.
11/8/12 Initial Economic Impact Analysis – Regulation 3, Parts A, B, C, D, Appendix B Page 1 of 3

Final Economic Impact Analysis

for

Proposed Revisions to the Air Quality Control Commission’s

Regulation Number 3

“Stationary Source Permitting and Air Pollutant Emission Notice Requirements”

Parts A, B, C, D, and Appendix B to Part A

Per C.R.S. 25-7-110.5

November 8, 2012

I. Issue

The Colorado Department of Public Health and Environment, Air Pollution Control Division 

(“Division”) is petitioning the Colorado Air Quality Control Commission (“Commission”) to 

consider proposed revisions to Regulation Number 3, specifically sections of Parts A, B, C, D, 

and Appendix B of Part A. 

The revisions to Regulation Number 3, Parts A, B, D, and Appendix B are SIP revisions. The 

Title V Operating Permitting Program in Regulation Number 3, Part C is a delegated program; 

thus, revisions to Part C are not State Implementation Plan (“SIP”) revisions.

The Division is also proposing to correct any typographical, grammatical, and formatting errors 

found through the regulation.

II. Requirements for Economic Impact Analysis (EIA)

Section 25-7-110.5(4)(a), C.R.S. sets forth the requirements for the initial and final Economic 

Impact Analysis, as stated below:

Before any permanent rule is proposed pursuant to this section, an initial economic 

impact analysis shall be conducted in compliance with this subsection (4) of the proposed 

rule or alternative proposed rules. Such economic impact analysis shall be in writing, 

developed by the proponent, or the Division in cooperation with the proponent and made 

available to the public at the time any request for hearing on a proposed rule is heard by 

the commission. A final economic impact analysis shall be in writing and delivered to the 

technical secretary and to all parties of record five working days prior to the prehearing 

conference. If no prehearing conference is scheduled, the economic impact analysis shall 

be submitted at least ten working days before the date of the rule-making hearing. The 

proponent of an alternative proposal will provide, in conjunction with the Division, a 

final economic impact analysis five working days prior to the prehearing conference. The 

economic impact analyses shall be based upon reasonably available data. Except where 

data is not reasonably available, or as otherwise provided in this section, the failure to 

provide an economic impact analysis of any noticed proposed rule or any alternative 

proposed rule will preclude such proposed rule or alternative proposed rule from being 

considered by the Commission. Nothing in this section shall be construed to restrict the 

Commission's authority to consider alternative proposals and alternative economic impact 
11/8/12 Initial Economic Impact Analysis – Regulation 3, Parts A, B, C, D, Appendix B Page 2 of 3

analyses that have not been submitted prior to the prehearing conference for good cause 

and so long as parties have adequate time to review them.

Per Section 25-7-110.5(2), C.R.S., the requirements of Section 25-7-110.5(4) shall not apply to 

rules which: (1) adopt by reference applicable federal rules; (2) adopt rules to implement 

prescriptive state statutory requirements where the AQCC is allowed no significant policymaking options; or, (3) adopt rules that have no regulatory impact on any person, facility or 

activity.

III. Discussion

There is little to no economic impact beyond the requirements that already apply. The 

majority of the proposed revisions are made to reflect current SIP approved language. The 

permit streamlining revisions eliminate the delay in construction permit issuance resulting 

from invoice and payment processing. Finally, the remaining revisions are clarifying,

typographical, grammatical, and formatting corrections.

These revisions are administrative in nature and necessary for efficiency, accuracy, and 

conformity with the federal New Source Review (“NSR”) Program and the federally approved 

SIP. However, the Division recognizes that sources may be impacted by the proposed Permit 

Processing Fees revision and provides the following information that:

(A) Identifies the industrial and business sectors that will be impacted by the proposal; and 

(B) Quantifies the direct cost to the primary affected business or industrial sector; and 

(C) Incorporates an estimate of the economic impact of the proposal on the supporting 

business and industrial sectors associated with the primary affected business or industry 

sectors.

Section 25-7-110.5(4)(c)(III), C.R.S.

A. Industrial and business sectors impacted by the proposal

There are no anticipated regulatory impacts on any industrial or business sector as a result of 

correcting and clarifying Part A-Appendix B, Part B-Public Comment and Hearing 

Requirements, or the Part D text. 

The industrial and business sectors impacted by the proposed Part A-Permit Processing Fees 

proposed revision include any air pollution emission source that must obtain construction 

permits.

B. Direct cost to the primary affected business and industrial sector

There are no anticipated direct costs to the primary industrial and business sectors. The 

Division’s permit review, issuance, and revocation processes are well established and the 

proposed revision merely shifts the time in which the permit is issued. Permit applicants will in 

fact receive their approved permits at least 30 days sooner and will have the same timeframe in 
11/8/12 Initial Economic Impact Analysis – Regulation 3, Parts A, B, C, D, Appendix B Page 3 of 3

which to pay the assessed permit processing fees. Thus, this revision will benefit all business 

sectors and stationary sources that are subject to construction permitting requirements because 

sources will be able to commence construction earlier. Due to the wide variety of business 

sectors and vast number of industrial sources, it is difficult to quantify this economic benefit. 

C. Estimate of the economic impact on the supporting business and industrial 

sectors associated with the primary business or industry sectors

There are no anticipated economic impacts on businesses and industrial sectors supporting the 

primary industrial sectors.

IV. Summary and Conclusion

As discussed above, the Division is petitioning the Commission to adopt revisions to Regulation 

3 that clarify, correct, and streamline Parts A, B, C, D, and Appendix B of Part A. The proposed 

changes should have no negative economic impact on air pollution emission sources and in fact 

may benefit stationary sources required to obtain construction permits.
Parties Hearing Documents

o No Parties to this Hearing
EPA Comments

40 CFR Part 51 Appendix V 2.1(h)

− None Submitted
Public Comments

40 CFR Part 51 Appendix V 2.1(h)

− None Submitted
Adopted Statement of Basis,

Specific Statutory Authority and Purpose 
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Air Quality Control Commission

REGULATION NUMBER 3

STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE 

REQUIREMENTS

5 CCR 1001-5

PART G STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

I.WW. Adopted December 20, 2012

Regulation Number 3, Parts A, B, C, D, and Appendix B of Part A – revising language for conformity with 

the New Source Review (NSR) Program and approved State Implementation Plan (“SIP”); streamlining 

the permit issuance process; and correcting other typographical, grammatical, and formatting errors. 

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of the 

Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., and the Colorado Air Pollution 

Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S.

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(a), 25-7-201 though 25-7-

206, 25-7-210, 25-7-301, and 25-7-302, C.R.S. authorize the Air Quality Control Commission 

(“Commission”) to promulgate a comprehensive State Implementation Plan (“SIP”) which will assure 

attainment and maintenance of national ambient air quality standards (“NAAQS”) and prevent significant

deterioration (“PSD”) of air quality in conformance with the Federal and Colorado Acts. Section 25-7-

105(1)(c) further states that definitions used in the PSD program shall not differ from definitions pertaining 

to the federal PSD program in the Clean Air Act Section 169. Section 25-7-105(12) authorizes the 

Commission to promulgate regulations necessary to implement the provisions of the emission notice, 

construction permit, and Title V programs. Section 25-7-106(7)(a) authorizes the Commission to develop 

a program to apply and enforce relevant provisions of the SIP including the imposition of any fees 

necessary to administer the program. Section 25-7-114.7 requires owners or operators of air pollution 

sources to pay permit application processing fees. Section 25-7-114.4 authorizes the Commission to 

promulgate regulations necessary and proper for the orderly and effective administration of construction 

permits and renewable operating permits. And, Section 25-7-114.5 authorizes the Commission to 

designate which projects or activities requiring a construction permit application warrant public comment.

Specific Statutory Authority

The Commission revised the Permit Processing Fees, Section VI.B.5., to streamline construction permit 

issuance by allowing the Division to issue a construction permit prior to receiving full payment for the 

assessed permit processing fees. Currently, the Division cannot issue an approved construction permit 

until the Division receives the applicant’s complete processing fees payment, which delays the applicant’s 

ability to commence construction due to the invoicing and payment process. This revision eliminates this 

delay as, under the revised issuance process, applicants will receive the approved construction permit 

and be able to commence construction during the invoicing and payment process. Also under the revised 

issuance process, failure to pay the assessed permit processing fees may result in late fees according to 

Section 25.7.114.7(2)(a)(I)(A.5), C.R.S. and/or revocation of the permit utilizing the current Division 

revocation procedures. Applicants will be notified of the potential consequences of nonpayment as well 

as corrective actions in the written request for processing fees and the written request for late processing 

Basis and Purpose
fees, if applicable. This revision will not negatively impact permit applicants who pay their permit 

processing fees on time.

The Commission amended Appendix B to Part A to identify non-criteria reportable pollutants first 

alphabetically by Chemical Bin (“BIN”) and then by chemical abstract service (“CAS”) number to increase 

the clarity and usability of the Appendix.

The Commission amended the Part B, Section III.C.1.a., Public Comment and Hearing Requirements to 

include attainment/maintenance areas.

The Commission removed the italic font and deleted the underlined text throughout the regulation, 

primarily in Part D, in response to EPA’s approval of the corresponding language into Colorado’s SIP on 

January 9, 2012 (77 Fed. Reg. 1027), and April 10, 2012 (77 Fed. Reg. 21453). The provisions under 

review by EPA were italicized to indicate the text was not yet effective while other text was underlined to 

indicate it would only be effective until EPA approved the italicized text into the SIP. Based on EPA’s final 

actions in January and April, the italicized rule language, minus the underlined text, became effective on 

May 10, 2012. Paragraph (b) of the definition of Representative Actual Annual Emissions, II.A.40.5, was 

also deleted to conform with the NSR Program and SIP because, though not underlined in Regulation 

Number 3, the NSR Program removed the entire definition from 40 C.F.R. Part 51.

The Commission corrected the PM2.5 Major Source Baseline Date, Part D, Section II.A.23.c., which was 

inadvertently adopted as October 20, 2011, to reference the major source baseline date of October 20, 

2010, set by EPA on October 20, 2010 (75 Fed. Reg. 64864).

The Commission corrected a regulatory reference in Requirements Applicable to Nonattainment Areas, 

Part D, Section V.A.6., to reference Section XIII.A. Section V.A.6. currently refers Federal Land Manager 

involvement to Section XII.A., Innovative Control Technology, instead of XIII.A., Federal Class I Areas.
Adopted Language by the Commission

(in redline & footer noting adoption date and page numbers)
Regulation Number 3

Adopted: December 20, 2012 Page 1

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Air Quality Control Commission

REGULATION NUMBER 3

STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE 

REQUIREMENTS

5 CCR 1001-5

Outline of Regulation

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING

PART B CONCERNING CONSTRUCTION PERMITS

PART C CONCERNING OPERATING PERMITS

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION

PART E RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS

PART F REGIONAL HAZE LIMITS - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) 

AND REASONABLE PROGRESS (RP)

PART G STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

Regulation Number 3 

Style Guide

Many provisions of this Regulation Number 3 have been approved by the U.S. EPA for incorporation into 

Colorado’s State Implementation Plan (SIP). Some provisions are currently under review by the U.S. 

EPA. The following guide to the font styles used in this Regulation Number 3 can be used to identify 

those provisions that have been adopted by the Air Quality Control Commission and are currently under 

review by the U.S. EPA.

* Italicized text will become effective when the U.S. EPA approves that language for incorporation into the 

state implementation plan

* Underlined text

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING

will be effective until the U.S. EPA approves the italicized text for incorporation into the 

state implementation plan

I. Applicability

I.A. The provisions of this Part A shall apply statewide to all sources of air pollutants except as 

otherwise provided herein.
Regulation Number 3

Adopted: December 20, 2012 Page 2

The portions of Regulation Number 3 printed in italics are not effective until the date on which the U.S. 

EPA promulgates a final rule adopting the revisions to Regulation Number 3 as a permanent part of the 

state implementation plan.

All sources of air pollutants that have previously obtained an emissions permit (prior to July 1, 1992) or a 

construction permit, and are subject only to the Part B Construction Permit Program, may choose to 

reapply for a new construction permit pursuant to Part B of this Regulation Number 3 in order to obtain 

the operational flexibility provided in Section IV. of this Part A, or to obtain federally enforceable 

limitations to limit the source's potential to emit ("synthetic minor"). Sources of air pollutants that are 

subject only to the Part B Construction Permit Program may voluntarily apply for an Operating Permit 

pursuant to Part C. 

Pursuant to Colorado Revised Statutes Section 24-4-103 (12.5), materials incorporated by reference are 

available for public inspection during normal business hours, or copies may be obtained at a reasonable 

cost from the Technical Secretary of the Air Quality Control Commission (the Commission), 4300 Cherry 

Creek Drive South, Denver, Colorado 80246-1530, or may be examined at the State Publications

Depository and Distribution Center. The material incorporated by reference is also available through the 

United States Government Printing Office, online at www.gpo.gov/fdsys. Materials incorporated by 

reference are those editions in existence as of the date of this regulation as promulgated or revised by the 

Commission and references do not include later amendments to or editions of the incorporated materials.

I.B. Definitions

>>>

I.B.7. Allowable Emissions 

The emissions rate of a stationary source calculated using the maximum rated capacity of the 

source (unless the source is subject to federally enforceable, or enforceable as a practical matter,

permit conditions that restrict the operating rate or hours of operation, or both) and the most 

stringent of the following:

I.B.7.a. The applicable standards promulgated pursuant to the Federal Act for new 

source performance or hazardous air pollutants;

I.B.7.b. The applicable Colorado Emission Control Regulation; or

I.B.7.c. The emissions rate specified as a federally enforceable, or enforceable as a

practical matter, permit condition, including those with a future compliance date.

>>>

I.B.14. Continuous Emissions Monitoring System (CEMS)

All of the equipment that is required to meet the data acquisition and availability requirements of 

Part D of this Regulation or of a permit issued in accordance with Parts B or C of this regulation, 

to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous 

basis.

I.B.15. Continuous Emissions Rate Monitoring Systems (CERMS)

The total equipment required for the determination and recording of the pollutant mass emissions 

rate (in terms of mass per unit of time).

I.B.16. Continuous Parameter Monitoring System (CPMS)

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Regulation Number 3

Adopted: December 20, 2012 Page 3

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

D of this Regulation, to monitor process and control device operational parameters (for example, 

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

flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a 

continuous basis.

>>>

I.B.28. Modification 

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

not meet the definition of major modification (as defined in Section II.A.2322. of Part D of this 

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

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

previously not emitted. The following exceptions apply: 

I.B.28.a. Routine maintenance, repair, and replacement shall not be considered a physical 

change; 

I.B.28.b. Unless previously limited by enforceable permit terms and conditions, the following shall 

not be considered to be a change in the method of operation: 

I.B.28.b.(i) An increase in the production rate if such increase does not exceed the design 

capacity of the source and does not lead to emissions in excess of the emission 

standards; 

I.B.28.b.(ii) An increase in the hours of operation that does not lead to emissions in excess of the 

emission standards.

I.B.28.b.(iii) Use of an alternative fuel or raw material by reason of an order in effect under 

Sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act 

of 1974 (or any superseding legislation), a prohibition under the Federal Power Plan and 

Industrial Fuel Act of 

1978 (or any superseding legislation) or by reason of a natural gas curtailment plan in effect 

pursuant to the Federal Power Act; 

I.B.28.b.(iv) Use of an alternative fuel by reason of an order or rule under Section 125 of the 

Federal Act; or 

I.B.28.b.(v) Change in ownership of the source.

I.B.28.c. Emissions resulting from construction and exploration shall be excluded in 

determining whether a modification will occur. Emissions from on going construction, and 

emissions from natural gas flaring are not considered to be temporary emissions, and are 

included in determining whether a modification will occur.

>>>

I.B.31.d. (State-only Requirements) Non-road engines co-located at an existing major 

source of nitrogen oxides and or sulfur dioxide

Formatted: Font: Not Italic
Regulation Number 3

Adopted: December 20, 2012 Page 4

>>>

I.B.38. Predictive Emissions Monitoring System (PEMS)

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

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

example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions 

rate (for example, lb/hr) on a continuous basis.

>>>

I.B.43. Stationary Source 

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

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

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

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

directly from an internal combustion engine for transportation purposes or from a non-road engine 

as defined in Section I.B.29. of this Part shall not be considered a stationary source. Building, 

structures, facilities, equipment, and installations shall be considered to belong to the same 

industrial grouping if they belong to the same major groups (i.e., have the same two-digit codes) 

as described in the Standard Industrial Classification Manual, 1987, but not later amendments. 

See National Technical Information Service, Order Number PB 87-100012. The manual is

available for examination at the office of the Director of the Air Pollution Control Division, 

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

Colorado 80246-1530. 

for Affected Source see Section I.A.1. of Part C 

for Existing Source, see Section I.B.20. of Part A 

for Indirect Source, see Section I.B.24. of Part A 

for Major Source, see Section I.B.25. of Part A 

for Major Stationary Source, see Section II.A.2624. of Part D 

for Minor Source, see Section I.B.26. of Part A 

for Mobile Source, see Section I.B.27. of Part A 

for New Source, see Section I.B.29. of Part A 

for Portable Source, see Section I.B.36. of Part A 

for Temporary Source, see Section I.B.45. of Part A 

>>>

II.D. Exemptions from Air Pollutant Emission Notice Requirements 

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

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

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

Regulation Number 8 (Hazardous Air Pollutants), Parts A, C, D, and E. However, Air Pollutant 

Emission Notices need not be filed for wet screening operations subject to Subpart OOO of the 

New Source Performance Standards if the exemption in Section II.D.1.cccc. is applicable.

II.D.1.dddd. Non-road engines as defined in Section I.B.2931. of this Part A, except certain nonroad engines subject to state-only air pollutant emission notice and permitting requirements 

pursuant to Section I.B.2931.c. and I.B.31.d. of this part.

Formatted: Font: Not Italic

Formatted: Font: Not Italic
Regulation Number 3

Adopted: December 20, 2012 Page 5

>>>

V. Certification And Trading Of Emission Reduction Credits Offset And Netting Transactions

>>>

V.I. Netting Transactions

V.I.1. Netting may exempt modifications of existing major sources from certain pre-construction 

permit requirements under new source review, so long as there is no significant net 

emission increase, as net emissions increase is defined in Section II.A.26. of Part D of 

this regulation. By netting out, the modifications is not considered major and therefore 

not subject to pre-construction permit requirements for major modifications as follows:

V.I.1.a. Section VI. of Part D of this regulation, for prevention of significant deterioration;

V.I.1.b. Visibility analysis; and

V.I.1.c. Section V.A. of Part D of this regulation, for nonattainment new source review.

V.I.2. The Division shall grant such an exemption if the emissions reduction qualifies as an 

Emission Reduction Credit under Regulation Number 5 3 meets the criteria in Section 

V.E., for certification, and the difference between the amount of the certified emissions 

reduction, and the amount of new pollutants to be emitted from the new or modified 

facility, does not constitute a significant increase of pollutants.

V.I.3. An increase of pollutants shall be considered significant if it equals or exceeds the 

amounts specified in the definition of significant in Part D of this regulation.

VI. Fees

VI.A. General

VI.A.1. Every person required to obtain a Construction or Operating Permit or to file an Air 

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

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

processing permit applications, issuing permits, and in conducting a compliance 

monitoring and enforcement program. Such fees shall apply without regard to whether a 

permit is issued, denied, withdrawn, or revoked. Fees shall be charged as indicated in 

Section VI.D. of this part.

VI.B. Permit Processing Fees

VI.B.1. Applicants for a permit shall be assessed total fees that shall be partially determined at 

the time that the Division makes its decision whether to issue preliminary approval of the 

permit and partially at the time the Division makes its decision whether to issue final 

approval. 

VI.B.2. The partial fee collected at the time the Division makes its decision whether to issue 

preliminary approval of the permit shall include the costs associated with the preliminary 

engineering evaluation, modeling, and analysis of impact on ambient air quality, notice 

and publication requirements, and such other costs as are required for the 

aforementioned activities incurred by the Division up to the time of the decision of 

whether to issue preliminary approval.
Regulation Number 3

Adopted: December 20, 2012 Page 6

VI.B.3. The final fee collected at the time the Division makes its decision of whether to issue final 

approval shall include the balance of the total of all costs associated with enforcement of 

any terms and conditions of the emission permit, the supervision of compliance testing, 

notice and publication requirements, and such other costs as are required for the 

processing, issuance, and administration of the permit.

VI.B.4. If the Division requires more than thirty hours to process an application, the Division shall 

inform the owner or operator of the source and provide an estimate of what the actual 

charges may be, prior to commencing with processing of the application, unless the 

owner or operator waives this requirement in writing.

VI.B.5. All permit processing fees assessed must be received within thirty days of the date of 

receipt of the written request therefore. All fees collected under this regulation shall be 

made payable to the Colorado Department of Public Health and Environment. 

Construction permits shall not be issued until all such fees have been paidmay be issued 

prior to the Division’s receipt of such fees. Failure to pay the permit processing fees 

within ninety days of the written request for fees may result in late fees or revocation of 

the permit. Permits issued in accordance with Part C of this regulation may be issued 

upon approval by the Division of a fee payment schedule.

>>>

APPENDIX B

Non-criteria Reportable Pollutants (Sorted alphabetically by BIN)

Note: HAP means federal, or federal and state hazardous air pollutant

HAPs means state-only hazardous air pollutant

CAS Toxics BIN

HAP 79345 1,1,2,2-Tetrachloroethane A

HAP 79005 1,1,2-Trichloroethane A

HAP 75354 1,1-Dichloroethylene (Vinylidene 

chloride)

A

HAP 57147 1,1-Dimethyl hydrazine A

HAP 120821 1,2,4-Trichlorobenzene A

HAP 96128 1,2-Dibromo-3-chloropropane A

HAP 122667 1,2-Diphenylhydrazine A

HAP 106887 1,2-Epoxybutane A

HAP 75558 1,2-Propylenimine (2-Methyl aziridine) A

HAP 106990 1,3-Butadiene A
Regulation Number 3

Adopted: December 20, 2012 Page 7

HAP 542756 1,3-Dichloropropene A

HAPs 55981 1,4-Butanediol dimethanesulphonate A

HAP 106467 1,4-Dichlorobenzene A

HAPs 7644410 1,4-Dichloro-2-butene A

HAP 123911 1,4-Dioxane (1,4-Diethyleneoxide) A

HAP 1746016 2,3,7,8-TCDD (Dioxin) A

HAP 88062 2,4,6-Trichlorophenol A

HAP 94757 2,4-D, salts and esters (2,4-

Dichlorophenoxyacetic acid)

A

HAP 51285 2,4-Dinitrophenol A

HAP 121142 2,4-Dinitrotoluene A

HAP 584849 2,4-Toluene diisocyanate A

91087 2,6-Toluene diisocyanate A

HAP 532274 2-Chloroacetophenone A

HAP 79469 2-Nitropropane A

HAP 119937 3,3'-Dimethyl benzidine A

HAP 91941 3,3-Dichlorobenzidene A

HAP 119904 3,3-Dimethoxybenzidine A

HAP 101144 4,4-Methylene bis (2-chloroaniline) A

HAP 101779 4,4-Methylenedianiline A

HAP 534521 4,6-Dinitro o-cresol, and salts A

HAP 92671 4-Aminobiphenyl A

HAP 75070 Acetaldehyde A

HAP 75058 Acetonitrile A

HAP 107028 Acrolein A

HAP 79061 Acrylamide A

HAP 79107 Acrylic acid A
Regulation Number 3

Adopted: December 20, 2012 Page 8

HAP 79107 Acrylic acid A

HAP 107131 Acrylonitrile A

HAPs 1402682 Aflatoxins A

116063 Aldicarb (Temik) A

HAPs 309002 Aldrin A

107186 Allyl alcohol A

HAP 107051 Allyl chloride A

20859738 Aluminum phosphide A

HAP 62533 Aniline A

HAP 0 Antimony compounds A

86884 ANTU (alpha-naphthylthiourea) A

HAP 0 Arsenic compounds A

HAP 1332214 Asbestos A

HAP 71432 Benzene A

HAP 92875 Benzidine (p-Diamino diphenyl) A

HAP 98077 Benzotrichloride A

HAP 100447 Benzyl chloride, 

(Chloromethyl)benzene

A

HAP 0 Beryllium compounds A

HAP 542881 Bischloromethyl ether A

HAP 117817 Bis(2-ethylhexyl) phthalate (DEHP) 

(Dioctyl phthalate)

A

7726956 Bromine A

HAP 75252 Bromoform A

HAP 0 Cadmium compounds A

HAP 156627 Calcium cyanamide A
Regulation Number 3

Adopted: December 20, 2012 Page 9

HAP 133062 Captan A

1563662 Carbofuran A

HAP 75150 Carbon disulfide A

HAP 56235 Carbon tetrachloride A

HAP 120809 Catechol A

HAP 133904 Chloramben (3-amino-2,5-dichloro 

benzoic acid)

A

HAP 57749 Chlordane A

HAP 7782505 Chlorine A

HAP 79118 Chloroacetic acid A

HAP 108907 Chlorobenzene A

107073 Chloroethanol A

HAP 67663 Chloroform (Trichloromethane) A

HAP 107302 Chloromethyl methyl ether A

HAP 126998 Chloroprene (2-Chloro-1,3-butadiene) A

HAP 0 Chromium compounds (incl. 6+ 

compounds, etc.)

A

HAP 0 Cobalt compounds (as cobalt metal 

dust and fumes)

A

HAP 0 Coke Oven Emissions A

HAP 1319773 Cresylic acid/Cresols A

4170303 Crotonaldehyde A

123739 Crotonaldehyde (E) A

HAP 98828 Cumene A

HAP 0 Cyanide compounds A

HAP 3547044 DDE 

(Dichlorodiphenyldichloroethylene)

A

8065483 Demeton A
Regulation Number 3

Adopted: December 20, 2012 Page 10

HAP 334883 Diazomethane A

19287457 Diborane A

HAP 111444 Dichloroethyl ether (Bis(2-

chloroethyl)ether)

A

HAP 62737 Dichlorvos A

141662 Dicrotophos A

HAPs 60571 Dieldrin A

HAP 111422 Diethanolamine A

115264 Dimefox A

60515 Dimethoate A

HAP 77781 Dimethyl sulfate A

HAP 68122 Dimethylformamide A

78342 Dioxathion A

152169 Diphosphoramide, octamethyl A

298044 Disulfoton A

115297 Endosulfan A

72208 Endrin A

HAP 106898 Epichlorohydrin (1-Chloro-2,3-

epoxypropane)

A

563122 Ethion A

HAP 140885 Ethyl acrylate A

HAP 106934 Ethylene dibromide (1,2-

Dibromoethane)

A

HAP 107062 Ethylene dichloride (1,2-

Dichloroethane)

A

HAP 151564 Ethylene imine (Aziridine) A

HAP 75218 Ethylene oxide A

HAP 96457 Ethylene thiourea A
Regulation Number 3

Adopted: December 20, 2012 Page 11

22224926 Fenaminophos (Fenamiphos) A

115902 Fensulfothion A

HAP 0 Fine mineral fibers A

944229 Fonofos A

HAP 50000 Formaldehyde A

110009 Furan A

HAP 0 Glycol ethers A

HAP 76448 Heptachlor A

HAP 118741 Hexachlorobenzene A

HAP 87683 Hexachlorobutadiene A

HAP 77474 Hexachlorocyclopentadiene A

HAP 67721 Hexachloroethane A

HAP 822060 Hexamethylene-1,6-diisocyanate A

HAP 302012 Hydrazine A

HAP 7647010 Hydrochloric acid (Hydrogen chloride) A

HAP 7664393 Hydrogen fluoride (Hydrofluoric acid) A

7783064 Hydrogen sulfide A

465736 Isodrin A

HAP 78591 Isophorone A

4098719 Isophorone diisocyanate A

HAP 0 Lead compounds (except elemental 

lead)

A

HAP - Lindane (all isomers of 

hexachlorocyclohexane)

A

HAP 0 Manganese compounds A

950107 Mephosfolan A

HAP 0 Mercury compounds A
Regulation Number 3

Adopted: December 20, 2012 Page 12

126987 Methacrylonitrile A

10265926 Methamidophos A

950378 Methidathion A

HAP 72435 Methoxychlor A

86500 Methyl azinphos A

HAP 74839 Methyl bromide (Bromomethane) A

HAP 74873 Methyl chloride (Chloromethane) A

HAP 60344 Methyl hydrazine A

HAP 74884 Methyl iodide (Iodomethane) A

HAP 624839 Methyl isocyanate A

74931 Methyl mercaptan (Methanethiol) A

HAP 75092 Methylene chloride (Dichloromethane) A

HAP 101688 Methylene diphenyl diisocyanate (MDI) A

7786347 Mevinphos A

505602 Mustard gas (Dichlorodiethyl sulfide) A

HAP 121697 N,N-Diethyl aniline (N,NDimethylaniline)A

HAP 0 Nickel compounds (incl. nickel 

subsulfide)

A

54115 Nicotine A

7697372 Nitric acid A

HAP 98953 Nitrobenzene A

HAPs 55185 N-Nitrosodiethylamine A

HAP 62759 N-Nitrosodimethylamine A

HAPs 924163 N-Nitroso-di-n-butylamine A

HAP 90040 o-Anisidine A

HAP 95534 o-Toluidine A
Regulation Number 3

Adopted: December 20, 2012 Page 13

1910425 Paraquat A

2074502 Paraquat methosulfate A

HAP 56382 Parathion A

298000 Parathion-methyl A

HAP 82688 Pentachloronitrobenzene 

(Quintobenzene)

A

HAP 87865 Pentachlorophenol A

HAP 127184 Perchloroethylene 

(Tetrachloroethylene)

A

HAPs 122601 Phenyl glyceryl ether (3 phenoxy 1,2 

propanediol)

A

298022 Phorate A

HAP 75445 Phosgene A

HAP 7803512 Phosphine A

HAP 7723140 Phosphorous A

HAP 1336363 Polychlorinated biphenyls (PCBs) 

(Aroclors)

A

HAP 0 Polycylic Organic Matter A

HAP 57578 Propiolactone, beta A

HAP 114261 Propoxur (Baygon) A

HAP 78875 Propylene dichloride (1,2-

Dichloropropane)

A

HAP 75569 Propylene oxide A

HAP 106445 p-Cresol A

HAP 91225 Quinoline A

HAP 106514 Quinone A

HAP 0 Radionuclides (including radon) A

HAP 0 Selenium compounds A

62748 Sodium fluoroacetate A
Regulation Number 3

Adopted: December 20, 2012 Page 14

131522 Sodium pentachlorophenate A

57249 Strychnine A

3689245 Sulfotep A

13494809 Tellurium A

107493 TEPP (Tetraethyldithiopyrophosphate) A

13071799 Terbufos A

509148 Tetranitromethane A

 - Thallium compounds A

108985 Thiophenol (Phenyl mercaptan) A

HAP 8001352 Toxaphene (Camphechlor) A

HAP 121448 Triethylamine A

HAP 1582098 Trifluralin A

HAP 593602 Vinyl bromide A

HAP 75014 Vinyl chloride A

81812 Warfarin A

129066 Warfarin sodium A

1314847 Zinc phosphide A

HAP 1120714 1,3-Propane sultone B

HAP 95807 2,4-Toluene diamine B

HAPs 132274 2-Biphenylol sodium salt B

HAPs 60153493 3-(N-Nitrosomethylamine) 

(Propionitrile)

B

HAP 60355 Acetamide B

7664417 Ammonia B

HAPs 115286 Chlorendic acid B

HAPs 108171262 Chlorinated paraffins (C12, 60% 

chlorine)

B
Regulation Number 3

Adopted: December 20, 2012 Page 15

HAP 510156 Chlorobenzilate (ethyl-4,4'-

dichlorobenzilate)

B

HAPs 117102 Chrysazin (Dorbane) B

HAPs 2646175 CI Solvent Orange 2 B

1464535 Diepoxybutane B

HAP 64675 Diethyl sulfate B

1642542 Diethylchlorophosphate B

HAP 60117 Dimethyl aminoazobenzene B

HAP 79447 Dimethyl carbamoyl chloride B

HAPs 2475458 Disperse Blue 1 B

HAP 51796 Ethyl carbamate (Urethane) B

HAP 75343 Ethylidene dichloride (1,1-

Dichloroethane)

B

144490 Fluoracetic acid B

HAP 680319 Hexamethylphosphoramide B

55914 Isofluorphate B

HAPs 64091914 Ketone, 3-pyridyl-3-(N-methyl-Nnitrosoamino) propylB

16752775 Methomyl B

79221 Methyl chloroformate B

HAP 108101 Methyl isobutyl ketone (MIBK) 

(Hexone)

B

HAPs 78988 Methylglyoxal B

HAP 108394 m-Cresol B

HAP 91203 Naphthalene B

HAPs - Nitrilotriacetic acid, Ca-, Na-, K salts B

HAP 59892 N-Nitrosomorpholine B

HAP 684935 N-nitroso-N-methylurea B
Regulation Number 3

Adopted: December 20, 2012 Page 16

23135220 Oxamyl B

HAP 95487 o-Cresol B

732116 Phosmet B

HAP 85449 Phthalic anhydride B

107448 Sarin B

7664939 Sulfuric acid B

77816 Tabun B

110576 Trans 1,4-dichlorobutene B

HAP 71556 1,1,1-Trichloroethane (Methyl 

chloroform)

C

HAP 540841 2,2,4-Trimethylpentane C

540885 Tertiary Butyl Acetate C

HAP 95954 2,4,5-Trichlorophenol C

HAP 53963 2-Acetylaminofluorene C

HAP 92933 4-Nitrobiphenyl C

HAP 100027 4-Nitrophenol C

HAP 98862 Acetophenone C

814686 Acrylyl chloride C

54626 Aminopterin C

78535 Amiton C

3734972 Amiton oxalate C

88051 Aniline,2,4,6-Trimethyl C

1397940 Antimycin A C

HAP 92524 Biphenyl C

534076 Bis(chloromethyl)ketone C

10294345 Boron trichloride C

28772567 Bromodiolone C
Regulation Number 3

Adopted: December 20, 2012 Page 17

HAP 63252 Carbaryl C

HAP 463581 Carbonyl sulfide C

786196 Carbophenothion C

470906 Chlorfenvinfos C

24934916 Chlormephos C

3691358 Chlorophacinone C

1982474 Chloroxuron C

21923239 Chlorthiophos C

56724 Coumaphos C

5836293 Coumatetralyl C

535897 Crimidine C

675149 Cyanuric fluoride C

66819 Cyclohexamide C

108918 Cyclohexylamine C

919868 Demeton-s-methyl C

10311849 Dialifor C

HAP 132649 Dibenzofurans C

HAP 84742 Dibutyl phthalate C

149746 Dichloromethylphenylsilane C

HAP 131113 Dimethyl phthalate C

75183 Dimethyl sulfide (Methyl sulfide) C

2524030 Dimethylphosphorochloridothioate C

99989 Dimethyl-p-phenylenediamine C

644644 Dimetilan C

1420071 Dinoterb C

82666 Diphacinone C
Regulation Number 3

Adopted: December 20, 2012 Page 18

541537 Dithiobiuret C

2778043 Endothion C

13194484 Ethoprophos (Ethoprop) C

2642719 Ethyl azinphos C

HAP 100414 Ethyl benzene (Phenylethane) C

538078 Ethyl bis (2-chloroethyl)amine C

HAP 75003 Ethyl chloride (Chloroethane) C

107153 Ethylene diamine C

371620 Ethylene fluorohydrin C

HAP 107211 Ethylene glycol C

542905 Ethylthiocyanate C

122145 Fenitrothion C

4301502 Fluenetil C

7782414 Fluorine C

640197 Fluoroacetamide C

359068 Fluoroacetyl chloride C

23422539 Formotanate hydrochloride C

2540821 Formothion C

17702577 Formparanate C

21548323 Fosthietan C

3878191 Fuberidazole C

4835114 Hexamethylenediamine, N,N-dibutyl C

HAP 110543 Hexane C

HAP 123319 Hydroquinone C

297789 Isobenzan C

108236 Isopropyl chlorformate C
Regulation Number 3

Adopted: December 20, 2012 Page 19

625558 Isopropyl formate C

119380 Isopropylmethylpyrazolyl 

dimethylcarbamate (Isolan)

C

21609905 Leptophos C

HAP 108316 Maleic anhydride C

HAP 67561 Methanol (Methyl alcohol) C

2032657 Methiocarb C

624920 Methyl disulfide C

556616 Methyl isothiocyanate C

HAP 80626 Methyl methacrylate C

3735237 Methyl phenkapton C

78944 Methyl vinyl ketone (3-butene-2-one) C

315184 Mexacarbate C

HAP 1634044 MTBE (Methyl tertiary butyl ether) C

HAP 108383 m-Xylene C

1122607 Nitrocyclohexane C

991424 Norbormide C

HAPs 615532 N-nitroso-N-methylurethane C

2497076 Oxydisulfoton C

 - Ozone depleting compounds (CFC, 

etc.)

C

HAP 95476 o-Xylene C

79210 Peracetic acid C

HAP 108952 Phenol C

64006 Phenol,3-(1-methylethyl)-

methylcarbamate

C

947024 Phosfolan C

13171216 Phosphamidon C
Regulation Number 3

Adopted: December 20, 2012 Page 20

Formatted Table

110894 Piperidine C

23505411 Pirimifos-ethyl C

2631370 Promecarb C

106967 Propargyl bromide C

HAP 123386 Propionaldehyde C

140761 Pyridine, 2-methyl-5-vinyl C

53558251 Pyriminil C

HAP 106503 p-Phenylenediamine C

HAP 106423 p-Xylene C

60413 Strychnine sulfate C

HAP 100425 Styrene C

HAP 96093 Styrene oxide C

7446119 Sulfur trioxide C

297972 Thionazin (O,O-Diethyl-O-(2-

pyrazinyl)phosphorothioate)

C

79196 Thiosemicarbizide C

HAP 7550450 Titanium tetrachloride C

HAP 108883 Toluene C

HAP 79016 Trichloroethylene (TCE) C

555771 Tris(2-chloroethyl)amine C

2001958 Valinomycin C

HAP 108054 Vinyl acetate C

HAP 1330207 Xylene (and mixed isomers) C

28347139 Xylylene dichloride C

APPENDIX B

Non-criteria Reportable Pollutants (Sorted by CAS Number)

Note: HAP means federal, or federal and state hazardous air pollutant
Regulation Number 3

Adopted: December 20, 2012 Page 21

Formatted: upar2

Formatted: Font: Bold

Formatted: Font: Bold

Formatted: Font: Bold

HAPs means state-only hazardous air pollutant

CAS Toxics BIN

HAP - Lindane (all isomers of 

hexachlorocyclohexane)

A

 - Thallium compounds A

HAPs - Nitrilotriacetic acid, Ca-, Na-, K salts B

 - Ozone depleting compounds (CFC, 

etc.)

C

HAP 0 Antimony compounds A

HAP 0 Arsenic compounds A

HAP 0 Beryllium compounds A

HAP 0 Cadmium compounds A

HAP 0 Chromium compounds (incl. 6+ 

compounds, etc.)

A

HAP 0 Cobalt compounds (as cobalt metal 

dust and fumes)

A

HAP 0 Coke Oven Emissions A

HAP 0 Cyanide compounds A

HAP 0 Fine mineral fibers A

HAP 0 Glycol ethers A

HAP 0 Lead compounds (except elemental 

lead)

A

HAP 0 Manganese compounds A

HAP 0 Mercury compounds A

HAP 0 Nickel compounds (incl. nickel 

subsulfide)

A

HAP 0 Polycyclic Organic Matter A

HAP 0 Radionuclides (including radon) A

HAP 0 Selenium compounds A
Regulation Number 3

Adopted: December 20, 2012 Page 22

HAP 50000 Formaldehyde A

HAP 51285 2,4-Dinitrophenol A

HAP 51796 Ethyl carbamate (Urethane) B

HAP 53963 2-Acetylaminofluorene C

540885 Tertiary Butyl Acetate C

54115 Nicotine A

54626 Aminopterin C

HAPs 55185 N-Nitrosodiethylamine A

55914 Isofluorphate B

HAPs 55981 1,4-Butanediol dimethanesulphonate A

HAP 56235 Carbon tetrachloride A

HAP 56382 Parathion A

56724 Coumaphos C

HAP 57147 1,1-Dimethyl hydrazine A

57249 Strychnine A

HAP 57578 Propiolactone, beta A

HAP 57749 Chlordane A

HAP 59892 N-Nitrosomorpholine B

HAP 60117 Dimethyl aminoazobenzene B

HAP 60344 Methyl hydrazine A

HAP 60355 Acetamide B

60413 Strychnine sulfate C

60515 Dimethoate A

HAPs 60571 Dieldrin A

HAP 62533 Aniline A

HAP 62737 Dichlorvos A
Regulation Number 3

Adopted: December 20, 2012 Page 23

62748 Sodium fluoroacetate A

HAP 62759 N-Nitrosodimethylamine A

HAP 63252 Carbaryl C

64006 Phenol,3-(1-methylethyl)-

methylcarbamate

C

HAP 64675 Diethyl sulfate B

66819 Cyclohexamide C

HAP 67561 Methanol (Methyl alcohol) C

HAP 67663 Chloroform (Trichloromethane) A

HAP 67721 Hexachloroethane A

HAP 68122 Dimethylformamide A

HAP 71432 Benzene A

HAP 71556 1,1,1-Trichloroethane (Methyl 

chloroform)

C

72208 Endrin A

HAP 72435 Methoxychlor A

HAP 74839 Methyl bromide (Bromomethane) A

HAP 74873 Methyl chloride (Chloromethane) A

HAP 74884 Methyl iodide (Iodomethane) A

74931 Methyl mercaptan (Methanethiol) A

HAP 75003 Ethyl chloride (Chloroethane) C

HAP 75014 Vinyl chloride A

HAP 75058 Acetonitrile A

HAP 75070 Acetaldehyde A

HAP 75092 Methylene chloride (Dichloromethane) A

HAP 75150 Carbon disulfide A

75183 Dimethyl sulfide (Methyl sulfide) C
Regulation Number 3

Adopted: December 20, 2012 Page 24

HAP 75218 Ethylene oxide A

HAP 75252 Bromoform A

HAP 75343 Ethylidene dichloride (1,1-

Dichloroethane)

B

HAP 75354 1,1-Dichloroethylene (Vinylidene 

chloride)

A

HAP 75445 Phosgene A

HAP 75558 1,2-Propylenimine (2-Methyl aziridine) A

HAP 75569 Propylene oxide A

HAP 76448 Heptachlor A

HAP 77474 Hexachlorocyclopentadiene A

HAP 77781 Dimethyl sulfate A

77816 Tabun B

78342 Dioxathion A

78535 Amiton C

HAP 78591 Isophorone A

HAP 78875 Propylene dichloride (1,2-

Dichloropropane)

A

78944 Methyl vinyl ketone (3-butene-2-one) C

HAPs 78988 Methylglyoxal B

HAP 79005 1,1,2-Trichloroethane A

HAP 79016 Trichloroethylene (TCE) C

HAP 79061 Acrylamide A

HAP 79107 Acrylic acid A

HAP 79118 Chloroacetic acid A

79196 Thiosemicarbizide C

79210 Peracetic acid C

79221 Methyl chloroformate B
Regulation Number 3

Adopted: December 20, 2012 Page 25

HAP 79345 1,1,2,2-Tetrachloroethane A

HAP 79447 Dimethyl carbamoyl chloride B

HAP 79469 2-Nitropropane A

HAP 80626 Methyl methacrylate C

81812

Warfarin

A

82666 Diphacinone C

HAP 82688 Pentachloronitrobenzene 

(Quintobenzene)

A

HAP 84742 Dibutyl phthalate C

HAP 85449 Phthalic anhydride B

86500 Methyl azinphos A

86884 ANTU (alpha-naphthylthiourea) A

HAP 87683 Hexachlorobutadiene A

HAP 87865 Pentachlorophenol A

88051 Aniline,2,4,6-Trimethyl C

HAP 88062 2,4,6-Trichlorophenol A

HAP 90040 o-Anisidine A

91087 2,6-Toluene diisocyanate A

HAP 91203 Naphthalene B

HAP 91225 Quinoline A

HAP 91941 3,3-Dichlorobenzidene A

HAP 92524 Biphenyl C

HAP 92671 4-Aminobiphenyl A

HAP 92875 Benzidine (p-Diamino diphenyl) A

HAP 92933 4-Nitrobiphenyl C

HAP 94757 2,4-D, salts and esters (2,4-

Dichlorophenoxyacetic acid)

A
Regulation Number 3

Adopted: December 20, 2012 Page 26

HAP 95476 o-Xylene C

HAP 95487 o-Cresol B

HAP 95534 o-Toluidine A

HAP 95807 2,4-Toluene diamine B

HAP 95954 2,4,5-Trichlorophenol C

HAP 96093 Styrene oxide C

HAP 96128 1,2-Dibromo-3-chloropropane A

HAP 96457 Ethylene thiourea A

HAP 98077 Benzotrichloride A

HAP 98828 Cumene A

HAP 98862 Acetophenone C

98873 Benzal chloride 

[(Dichloromethyl)benzene; 

benzylidenechloride]

B

HAP 98953 Nitrobenzene A

99989 Dimethyl-p-phenylenediamine C

HAP 100027 4-Nitrophenol C

HAP 100414 Ethyl benzene (Phenylethane) C

HAP 100425 Styrene C

HAP 100447 Benzyl chloride, 

(Chloromethyl)benzene

A

HAP 101144 4,4-Methylene bis (2-chloroaniline) A

HAP 101688 Methylene diphenyl diisocyanate (MDI) A

HAP 101779 4,4-Methylenedianiline A

HAP 106423 p-Xylene C

HAP 106445 p-Cresol A

HAP 106467 1,4-Dichlorobenzene A

HAP 106503 p-Phenylenediamine C
Regulation Number 3

Adopted: December 20, 2012 Page 27

HAP 106514 Quinone A

HAP 106887 1,2-Epoxybutane A

HAP 106898 Epichlorohydrin (1-Chloro-2,3-

epoxypropane)

A

HAP 106934 Ethylene dibromide (1,2-

Dibromoethane)

A

106967 Propargyl bromide C

HAP 106990 1,3-Butadiene A

HAP 107028 Acrolein A

HAP 107051 Allyl chloride A

HAP 107062 Ethylene dichloride (1,2-

Dichloroethane)

A

107073 Chloroethanol A

HAP 107131 Acrylonitrile A

107153 Ethylene diamine C

107186 Allyl alcohol A

HAP 107211 Ethylene glycol C

HAP 107302 Chloromethyl methyl ether A

107448 Sarin B

107493 TEPP (Tetraethyldithiopyrophosphate) A

HAP 108054 Vinyl acetate C

HAP 108101 Methyl isobutyl ketone (MIBK)

(Hexone)

B

108236 Isopropyl chlorformate C

HAP 108316 Maleic anhydride C

HAP 108383 m-Xylene C

HAP 108394 m-Cresol B

HAP 108883 Toluene C
Regulation Number 3

Adopted: December 20, 2012 Page 28

HAP 108907 Chlorobenzene A

108918 Cyclohexylamine C

HAP 108952 Phenol C

108985 Thiophenol (Phenyl mercaptan) A

110009 Furan A

HAP 110543 Hexane C

110576 Trans 1,4-dichlorobutene B

110894 Piperidine C

HAP 111422 Diethanolamine A

HAP 111444 Dichloroethyl ether (Bis(2-

chloroethyl)ether)

A

HAP 114261 Propoxur (Baygon) A

115264 Dimefox A

HAPs 115286 Chlorendic acid B

115297 Endosulfan A

115902 Fensulfothion A

116063 Aldicarb (Temik) A

HAPs 117102 Chrysazin (Dorbane) B

HAP 117817 Bis(2-ethylhexyl) phthalate (DEHP) 

(Dioctyl phthalate)

A

HAP 118741 Hexachlorobenzene A

119380 Isopropylmethylpyrazolyl 

dimethylcarbamate (Isolan)

C

HAP 119904 3,3-Dimethoxybenzidine A

HAP 119937 3,3'-Dimethyl benzidine A

HAP 120809 Catechol A

HAP 120821 1,2,4-Trichlorobenzene A

HAP 121142 2,4-Dinitrotoluene A
Regulation Number 3

Adopted: December 20, 2012 Page 29

HAP 121448 Triethylamine A

HAP 121697 N,N-Diethyl aniline (N,NDimethylaniline)A

122145 Fenitrothion C

HAPs 122601 Phenyl glyceryl ether (3 phenoxy 1,2 

propanediol)

A

HAP 122667 1,2-Diphenylhydrazine A

HAP 123319 Hydroquinone C

HAP 123386 Propionaldehyde C

123739 Crotonaldehyde (E) A

HAP 123911 1,4-Dioxane (1,4-Diethyleneoxide) A

126987 Methacrylonitrile A

HAP 126998 Chloroprene (2-Chloro-1,3-butadiene) A

HAP 127184 Perchloroethylene 

(Tetrachloroethylene)

A

129066 Warfarin sodium A

HAP 131113 Dimethyl phthalate C

131522 Sodium pentachlorophenate A

HAPs 132274 2-Biphenylol sodium salt B

HAP 132649 Dibenzofurans C

HAP 133062 Captan A

HAP 133904 Chloramben (3-amino-2,5-dichloro 

benzoic acid)

A

140761 Pyridine, 2-methyl-5-vinyl C

HAP 140885 Ethyl acrylate A

141662 Dicrotophos A

144490 Fluoracetic acid B

149746 Dichloromethylphenylsilane C
Regulation Number 3

Adopted: December 20, 2012 Page 30

HAP 151564 Ethylene imine (Aziridine) A

152169 Diphosphoramide, octamethyl A

HAP 156627 Calcium cyanamide A

297789 Isobenzan C

297972 Thionazin (O,O-Diethyl-O-(2-

pyrazinyl)phosphorothioate)

C

298000 Parathion-methyl A

298022 Phorate A

298044 Disulfoton A

HAP 302012 Hydrazine A

HAPs 309002 Aldrin A

315184 Mexacarbate C

HAP 334883 Diazomethane A

359068 Fluoroacetyl chloride C

371620 Ethylene fluorohydrin C

HAP 463581 Carbonyl sulfide C

465736 Isodrin A

470906 Chlorfenvinfos C

505602 Mustard gas (Dichlorodiethyl sulfide) A

509148 Tetranitromethane A

HAP 510156 Chlorobenzilate (ethyl-4,4'-

dichlorobenzilate)

B

HAP 532274 2-Chloroacetophenone A

534076 Bis(chloromethyl)ketone C

HAP 534521 4,6-Dinitro o-cresol, and salts A

535897 Crimidine C

538078 Ethyl bis (2-chloroethyl)amine C
Regulation Number 3

Adopted: December 20, 2012 Page 31

HAP 540841 2,2,4-Trimethylpentane C

541537 Dithiobiuret C

HAP 542756 1,3-Dichloropropene A

HAP 542881 Bischloromethyl ether A

542905 Ethylthiocyanate C

555771 Tris(2-chloroethyl)amine C

556616 Methyl isothiocyanate C

563122 Ethion A

HAP 584849 2,4-Toluene diisocyanate A

HAP 593602 Vinyl bromide A

HAPs 615532 N-nitroso-N-methylurethane C

HAP 624839 Methyl isocyanate A

624920 Methyl disulfide C

625558 Isopropyl formate C

640197 Fluoroacetamide C

644644 Dimetilan C

675149 Cyanuric fluoride C

HAP 680319 Hexamethylphosphoramide B

HAP 684935 N-nitroso-N-methylurea B

732116 Phosmet B

786196 Carbophenothion C

814686 Acrylyl chloride C

HAP 822060 Hexamethylene-1,6-diisocyanate A

919868 Demeton-s-methyl C

HAPs 924163 N-Nitroso-di-n-butylamine A

944229 Fonofos A
Regulation Number 3

Adopted: December 20, 2012 Page 32

947024 Phosfolan C

950107 Mephosfolan A

950378 Methidathion A

991424 Norbormide C

HAP 1120714 1,3-Propane sultone B

1122607 Nitrocyclohexane C

1314847 Zinc phosphide A

HAP 1319773 Cresylic acid/Cresols A

HAP 1330207 Xylene (and mixed isomers) C

HAP 1332214 Asbestos A

HAP 1336363 Polychlorinated biphenyls (PCBs) 

(Aroclors)

A

1397940 Antimycin A C

HAPs 1402682 Aflatoxins A

1420071 Dinoterb C

1464535 Diepoxybutane B

1563662 Carbofuran A

HAP 1582098 Trifluralin A

HAP 1634044 MTBE (Methyl tertiary butyl ether) C

1642542 Diethylchlorophosphate B

HAP 1746016 2,3,7,8-TCDD (Dioxin) A

1910425 Paraquat A

1982474 Chloroxuron C

2001958 Valinomycin C

2032657 Methiocarb C

2074502 Paraquat methosulfate A

HAPs 2475458 Disperse Blue 1 B
Regulation Number 3

Adopted: December 20, 2012 Page 33

2497076 Oxydisulfoton C

2524030 Dimethylphosphorochloridothioate C

2540821 Formothion C

2631370 Promecarb C

2642719 Ethyl azinphos C

HAPs 2646175 CI Solvent Orange 2 B

2778043 Endothion C

HAP 3547044 DDE 

(Dichlorodiphenyldichloroethylene)

A

3689245 Sulfotep A

3691358 Chlorophacinone C

3734972 Amiton oxalate C

3735237 Methyl phenkapton C

3878191 Fuberidazole C

4098719 Isophorone diisocyanate A

4170303 Crotonaldehyde A

4301502 Fluenetil C

4835114 Hexamethylenediamine, N,N-dibutyl C

5836293 Coumatetralyl C

7446119 Sulfur trioxide C

HAP 7550450 Titanium tetrachloride C

HAPs 7644410 1,4-Dichloro-2-butene A

HAP 7647010 Hydrochloric acid (Hydrogen chloride) A

HAP 7664393 Hydrogen fluoride (Hydrofluoric acid) A

7664417 Ammonia B

7664939 Sulfuric acid B

7697372 Nitric acid A
Regulation Number 3

Adopted: December 20, 2012 Page 34

HAP 7723140 Phosphorous A

7726956 Bromine A

7782414 Fluorine C

HAP 7782505 Chlorine A

7783064 Hydrogen sulfide A

7786347 Mevinphos A

HAP 7803512 Phosphine A

HAP 8001352 Toxaphene (Camphechlor) A

8065483 Demeton A

10265926 Methamidophos A

10294345 Boron trichloride C

10311849 Dialifor C

13071799 Terbufos A

13171216 Phosphamidon C

13194484 Ethoprophos (Ethoprop) C

13494809 Tellurium A

16752775 Methomyl B

17702577 Formparanate C

19287457 Diborane A

20859738 Aluminum phosphide A

21548323 Fosthietan C

21609905 Leptophos C

21923239 Chlorthiophos C

22224926 Fenaminophos (Fenamiphos) A

23135220 Oxamyl B

23422539 Formotanate hydrochloride C
Regulation Number 3

Adopted: December 20, 2012 Page 35

23505411 Pirimifos-ethyl C

24934916 Chlormephos C

28347139 Xylylene dichloride C

28772567 Bromodiolone C

53558251 Pyriminil C

HAPs 60153493 3-(N-Nitrosomethylamine) 

(Propionitrile)

B

HAPs 64091914 Ketone, 3-pyridyl-3-(N-methyl-Nnitrosoamino) propylB

HAPs 108171262 Chlorinated paraffins (C12, 60% 

chlorine)

B

PART B CONCERNING CONSTRUCTION PERMITS 

>>>

III. Construction Permit Review Procedures

>>>

III.C. Public Comment and Hearing Requirements

III.C.1. The following sources, unless exempted in Section III.C.2., below, are subject to public 

comment:

III.C.1.a. Sources with projected controlled annual emissions of any pollutant for 

which an ambient air quality standard has been designated, where such 

emissions will be greater than twenty five tons per year if the source is located in 

a nonattainment area, fifty tons per year if the source is located in an attainment

or attainment/maintenance area, or two hundred pounds per year of lead (for any 

area of the state).

>>>

PART C CONCERNING OPERATING PERMITS

>>>

I.A. DEFINITIONS

>>>

I.A.7. 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:
Regulation Number 3

Adopted: December 20, 2012 Page 36

I.A.7.a. Any change that causes a significant increase in the rate of emissions as 

described by any permit term or condition;

I.A.7.b. Any change that is considered a modification under Title I of the Federal Act;

I.A.7.c. Any change that requires or changes a case-by-case determination of an 

emission limitation or other standard;

I.A.7.d. Any change that requires or changes a source specific determination for 

temporary sources of ambient impacts;

I.A.7.e. Any change that requires or changes a visibility or increment analysis;

I.A.7.f. Every significant change in existing monitoring permit terms or conditions; and

I.A.7.g. Every relaxation of reporting or record keeping permit terms or conditions.

I.A.7.h. Every change that seeks to establish or change a permit term or condition for 

which there is no corresponding underlying applicable requirement and that the 

source has assumed to avoid an applicable requirement to which the source 

would otherwise be subject. Such terms and conditions include:

I.A.7.h.(i) A federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of Title I of the 

Federal Act; and

I.A.7.h.(ii) An alternative emissions limit approved pursuant to regulations 

promulgated under Section 112(i)(5) of the Federal Act

I.A.7.i. The establishment of a Plant-wide Applicability Limitation (PAL) in accordance 

with Section XVII. of Part D of this regulation.

I.A.7.j. All significant permit modifications shall be processed using the procedures set 

forth in Part C of Regulation Number 3 for combined Construction/Operating 

Permit issuance. Such source may choose to obtain a construction permit 

pursuant to Part B and shall subsequently meet the operating permit 

requirements of Part C. 

>>>

XIV. Compliance Assurance Monitoring 

The regulations promulgated by the U.S. EPA listed in Section XIV.A.1., below, are hereby 

incorporated by reference by the Commission and made a part of the Colorado Commission 

regulations. Materials incorporated by reference are those in existence as of the date indicated 

and do not include later amendments. The material incorporated by reference is available for 

public inspection during regular business hours at the Office of the Commission, located at 4300 

Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined at any state 

publications depository library. The material incorporated by reference is also available through 

the United States Government Printing Office, online at www.gpo.gov/fdsys. Parties wishing to 

inspect these materials should contact the Technical Secretary of the Commission, located at the 

office of the Commission.

>>>

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Regulation Number 3

Adopted: December 20, 2012 Page 37

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION

I. Applicability

I.A. General Applicability

I.A.1. This Part D shall apply to any new or existing major stationary source. 

Any new major stationary source or major modification, to which the requirements of this Part D 

apply, shall not begin actual construction in a nonattainment, attainment, or unclassifiable area 

unless a permit has been issued containing all applicable state and federal requirements.

I.A.2. Except as otherwise provided in Section XV. of this Part D, and consistent with the 

definition of major modification (Section II.A.22. of this part), a project is a major 

modification for a regulated NSR pollutant if it causes two types of emissions increases -

a significant emissions increase (as defined in Section II.A.43. of this part), and a 

significant net emissions increase (as defined in Sections II.A.26. and II.A.42. of this 

part). The project is not a major modification if it does not cause a significant emissions 

increase. If the project causes a significant emissions increase, then the project is a 

major modification only if it also results in a significant net emissions increase.

I.A.3. The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of 

emissions units being constructed or modified, according to Sections I.B.1. through I.B.3. 

of this part. The procedure for calculating (before beginning actual construction) whether 

a significant net emissions increase will occur at the major stationary source (i.e., the 

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

(Section II.A.26. of this part). Regardless of any such preconstruction projections, a major 

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

net emissions increase.

I.B. Applicability Tests

I.B.1. Actual-to-projected-actual applicability test for projects that only involve existing 

emissions units.

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

the difference between the projected actual emissions (as defined in Section II.A.36. of this part) 

and the baseline actual emissions (as defined in Sections II.A.4.a. and II.A.4.b. of this part, as 

applicable), for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant (as defined in Section II.A.42. of this part).

I.B.2. Actual-to-potential test for projects that only involve construction of a new emissions 

unit(s).

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

the difference between the potential to emit (as defined in Section I.B.3537. of Part A of this 

regulation) from each new emissions unit following completion of the project and the baseline 

actual emissions (as defined in Section II.A.4. of this part) of these units before the project equals 

or exceeds the significant amount for that pollutant (as defined in Section II.A.42. of this part).

I.B.3. Hybrid test for projects that involve multiple types of emissions units.

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Regulation Number 3

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

the emissions increases for each emissions unit, using the methods specified in Sections I.B.1. 

through I.B.3. of this part as applicable with respect to each type of emissions unit, equals or 

exceeds the significant amount for that pollutant (as defined in Section II.A.42. of this part).

I.B.4. An owner or operator of a major stationary source who conducts the actual-to-projectedactual test for a project that requires a minor permit modification in accordance with 

Section X. of Part C, requires a significant permit modification in accordance with Section 

I.A.3. of Part C, a modification as defined in Section I.B.2628. of Part A or that requires a 

minor source permit under Part B shall submit a permit application including:

I.B.4.a. All calculations and supporting documentation used to determine baseline actual 

emissions of each emissions unit affected by the project;

I.B.4.b. All calculations and supporting documentation used to determine projected actual 

emissions of each existing emissions unit affected by the project;

I.B.4.c. A determination of that portion of each existing unit’s emissions following the 

project that the unit could have accommodated during the consecutive twentyfour month period used to establish the baseline actual emissions and that are 

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

demand growth; and,

I.B.4.d. Any other information requested by the Division that may be needed to determine 

if a major modification will occur at each emissions unit affected by the project.

The information submitted in accordance with Section I.B.4.a. through I.B.4.d., above, 

shall be incorporated into an appendix to the major stationary source’s Title V Operating 

permit or as a permit note in the construction permit.

The requirement that the owner or operator of a major stationary source who conducts 

the actual-to-projected-actual test for a project that requires a minor permit modification 

submit information in accordance with Sections I.B.4.a. through I.B.4.d., as set out in this 

Subsection I.B.4., shall not be federally enforceable and shall not be incorporated into the 

state implementation plan.

I.C. For any major stationary source requesting, or operating under, a Plant-wide Applicability 

Limitation (as defined in Section II.A.3233.) for a regulated NSR pollutant, the major stationary 

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

II. Definitions

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

II.A.1. Actual Emissions

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

determined as follows:

II.A.1.a.Actual emissions as of a particular date shall equal the average rate, in tons per 

year, at which the unit actually emitted the pollutant during a two-year

consecutive twenty-four month period that precedes the particular date and is 

representative of normal unit operation. A different period may be used if it is 

more representative of normal unit operation. Actual emissions shall be 

calculated using the unit’s actual operating hours, production rates, and types of 

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Regulation Number 3

Adopted: December 20, 2012 Page 39

materials processed, stored or combusted or actual emission data during the 

selected time period;

II.A.1.b.The Division may presume that source-specific allowable emissions for the unit 

are equivalent to the actual emissions of the unit only if actual emissions cannot 

be determined pursuant to Section II.A.1.a., above;

II.A.1.c. For any emissions unit (other than an electric utility steam generating unit

II.A.1.d.This definition shall not apply for calculating whether a significant emissions 

increase has occurred, or for establishing a PAL under Section XV. of Part D of 

this regulation. Instead, Sections II.A.36. and II.A.4. of this part shall apply for 

these purposes.

) that 

has not begun normal operations on the particular date, actual emissions shall 

equal the potential to emit of the unit on that date.

II.A.1.e.

II.A.2. Actuals PAL

For an electric utility steam generating unit (other than a new unit or the 

replacement of an existing unit) actual emissions of the unit following the physical 

or operational change shall equal the representative actual annual emissions of 

the unit, provided the source owner or operator maintains and submits to the 

Division on an annual basis, for a period of five years from the date the unit 

resumes regular operation, information demonstrating that the physical or 

operational change did not result in an emissions increase. A longer period, not 

to exceed ten years, may be required by the Division if it determines such a 

period to be more representative of normal source post change operations.

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

in Section II.A.4. of this part) of all emissions units (as defined in the Common Provisions 

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

II.A.3. Air Quality Related Value 

Any value of an area that may be affected by a change in air quality. Examples include flora, 

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

II.A.4. Baseline Actual Emissions

The rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in 

accordance with Sections II.A.4.a. through II.A.4.d. below.

II.A.4.a. For any existing electric utility steam generating unit (as defined in Section 

II.A.14. of this part), baseline actual emissions means the average rate, in tons 

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

twenty-four month period selected by the owner or operator within the five year 

period immediately preceding when the owner or operator begins actual 

construction of the project. The Division shall allow the use of a different time 

period upon a determination that it is more representative of normal source 

operation.

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

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions.

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Regulation Number 3

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II.A.4.a.(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above 

any emission limitation that was legally enforceable during the 

consecutive twenty-four month period.

II.A.4.a.(iii) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive twenty-four month period may be 

used to determine the baseline actual emissions for the emissions units 

being changed. A different consecutive twenty-four month period can be 

used for each regulated NSR pollutant.

II.A.4.a.(iv) The average rate shall not be based on any consecutive twenty-four 

month period for which there is inadequate information for determining 

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

required by Section II.A.4.a.(ii).

II.A.4.b. For an existing emissions unit (other than an electric utility steam generating 

unit), baseline actual emissions means the average rate, in tons per year, at 

which the emissions unit actually emitted the pollutant during any consecutive 

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

period immediately preceding either the date the owner or operator begins actual 

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

by the Division for a permit required under this Part D, except that the ten year 

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

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

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions.

II.A.4.b.(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above 

an emission limitation that was legally enforceable during the 

consecutive twenty-four month period.

II.A.4.b.(iii) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with which 

the major stationary source must currently comply, had the major 

stationary source been required to comply with such limitations during 

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

limitation is part of a maximum achievable control technology standard 

contained in Part E of Regulation Number 8, the baseline actual 

emissions need only be adjusted if the State has taken credit for such 

emissions reductions in an attainment demonstration or maintenance 

plan.

II.A.4.b.(iv) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive twenty-four month period must be 

used to determine the baseline actual emissions for the emissions units 

being changed. A different consecutive twenty-four month period can be 

used for each regulated NSR pollutant.

II.A.4.b.(v) The average rate shall not be based on any consecutive twenty-four 

month period for which there is inadequate information for determining 

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

required under Sections II.A.4.b.(ii) and II.A.4.b.(iii) of this part.

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II.A.4.c. For a new emissions unit, the baseline actual emissions for purposes of 

determining the emissions increase that will result from the initial construction 

and operation of such unit shall equal zero; and thereafter, for all other purposes, 

shall equal the unit's potential to emit (as defined in Section I.B.3537. of Part A of 

this regulation). 

II.A.4.d. For a PAL for a major stationary source, the baseline actual emissions shall be 

calculated for existing electric utility steam generating units in accordance with 

the procedures contained in Section II.A.4.a., for other existing emissions units in 

accordance with the procedures contained in Section II.A.4.b., and for a new 

emissions unit in accordance with the procedures contained in Section II.A.4.c.

II.A.5. Baseline Area 

II.A.5.a. Any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Sections 107(d)(1)(A)(ii) or (iii) of the Federal Act in which 

the major source or major modification establishing the minor source baseline 

date would construct or would have an air quality impact for the pollutant for 

which the baseline date is established, as follows: equal to or greater than one 

microgram/cubic meter (1 μg/m3) (annual average) for SO2, NO2, or PM10; or 

equal to or greater than 0.3 μg/m3) (annual average) for PM2.5.

II.A.5.b. Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the Federal Act 

cannot intersect or be smaller than the area of impact of any major stationary 

source or major modification that:

II.A.5.b.(i) Establishes a minor source baseline date, or

II.A.5.b.(ii) Is subject to this Part D, and would be constructed in the same state 

as the state proposing the redesignation.

II.A.5.c. Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining the 

amount of available PM10 increments, except that such baseline area shall not 

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

baseline date in accordance with Section II.A.25.c.

II.A.6. Baseline Concentration 

The ambient concentration level that exists in the baseline area at the time of the applicable 

minor source baseline date. A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established and shall include:

II.A.6.a. The actual emissions representative of sources in existence on the applicable 

minor source baseline date, except as otherwise provided in this definition; and

II.A.6.b. The allowable emissions from major stationary sources that commenced 

construction before the major source baseline date, but were not in operation by 

the applicable minor source baseline date.

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

applicable maximum allowable increase(s):

II.A.6.c.(i) Actual emissions from any major stationary source on which 

construction commenced after the major source baseline date; and

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II.A.6.c.(ii) Actual emission increases and decreases at any stationary source 

occurring after the minor source baseline date.

II.A.7. Begin Actual Construction

Initiation of physical on-site construction activities on an emissions unit that are of a permanent 

nature. Such activities include, but are not limited to, installation of building supports and 

foundations, laying of underground pipe work, and construction of permanent storage structures. 

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

other than preparatory activities that mark the initiation of the change.

II.A.8. Best Available Control Technology (BACT)

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

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

stationary source or major modification that the Division or Commission, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts and other costs, determines is 

achievable for such source or modification through application of production processes or 

available methods, systems, and techniques, including fuel cleaning or treatment or innovative 

fuel combustion techniques for control of such pollutant. In no event shall application of the best 

available control technology result in emissions of any pollutant that would exceed emissions 

allowed by the applicable standards in the Code of Federal Regulations, Title 40, Parts 60 and 61 

(Regulation Number 6, Part A, and Regulation Number 8, Part A) as in effect on the effective date 

of this clause, but not including later amendments, unless such amendments are specifically 

incorporated by reference in accordance with the provisions of Colorado Revised Statutes

Section 24-4-103 (12.5). Information as to the availability of such standards may be obtained 

from the Director, Air Pollution Control Division, Colorado Department of Public Health and 

Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. 

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

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

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

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

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

forth the emissions reduction achievable by implementation of such design, equipment, work 

practice or operation and shall provide for compliance by means that achieve equivalent results.

II.A.9. Clean Coal Technology

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

emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the 

generation of electricity, or process steam which was not in widespread use as of November 15, 

1990.

II.A.10. Clean Coal Technology Demonstration Project

A project using funds appropriated under the heading "Department of Energy-Clean Coal 

Technology," up to a total amount of $2.5 billion for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for the U.S. EPA. The federal 

contribution for a qualifying project shall be at least twenty percent of the total cost of the 

demonstration project. 

II.A.11. Complete

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In reference to an application for a major NSR permit, an application that contains all the 

information necessary for processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Division from requesting or accepting any 

additional information.

II.A.11.a. At a minimum, a complete application for a permit to construct a major source 

or major modification subject to the requirements of this Part D shall include:

II.A.11.a.(i) All monitoring data required pursuant to this regulation and an analysis of 

ambient air quality in accordance with Section VI.A.3. of this part;

II.A.11.a.(ii) The impact analysis required by Section VI.A.2. of this part, a written 

summary of the data inputs to the model, and a topographic presentation of the 

resultant concentrations of each pollutant modeled for each applicable ambient 

standard or Prevention of Significant Deterioration increment within the impact 

area of the source;

II.A.11.a.(iii) A report of the regulatory status of the model pursuant to Section VIII.A.1. of 

Part A;

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

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

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

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

to the emissions allowed by such standards of performance;

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

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

maintaining such devices or systems, and the schedule and format 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 part, any 

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

II.A.11.a.(viii) An additional copy of the application for the federal land manager of each 

affected Class 1 area, for the U.S. EPA, for the county Commissioner, and for 

public notice (county clerk). Two additional copies shall be submitted for 

interested public groups.

II.A.12. Construction

Any physical change or change in the method of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions unit) that would result in a change in 

actual emissions.

II.A.13. Emissions Unit

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

pollutant and includes an electric steam-generating unit as defined in Section II.A.14. of this part. 

For purposes of this Part D, there are two types of emissions units described in Section II.A.13.a. 

and II.A.13.b., below.

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II.A.13.a. A new emissions unit is any emissions unit that is (or will be) newly constructed 

and that has existed for less than two years from the date such emissions unit 

first operated.

II.A.13.b. An existing emissions unit is any emissions unit that does not meet the 

requirements in Section II.A.13.a., above. A replacement unit (as defined in 

Section II.A.39. of this part) is an existing emissions unit.

II.A.14. Electric Utility Steam Generating Unit

Any steam electric generating unit that is constructed for the purpose of supplying more than onethird of its potential electrical output capacity and more than twenty-five megawatts electrical 

output to any utility power distribution system for sale. Any steam supplied to a steam distribution 

system for the purpose of providing steam to a steam-electric generator that would produce 

electrical energy for sale is also considered in determining the electrical energy output capacity of 

the affected facility.

II.A.15. Federal Land Manager (FLM)

With respect to any lands of the United States, the secretary of the department with authority over 

such lands.

II.A.16. High Terrain

Any area having an elevation nine hundred feet or more above the base of the stack of a source.

II.A.17. Hydrocarbon cCombustion fFlare

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

achievable control technology standard (including uses of flares during startup, shutdown, or 

malfunction permitted under such standard), or a flare that serves to control emissions of waste 

streams comprised predominately of hydrocarbons and containing no more than 230 mg/dscm 

hydrogen sulfide.

II.A.18. Innovative Control Technology 

Any system of air pollution control that has not been adequately demonstrated in practice, but 

would have a substantial likelihood of achieving greater continuous emissions reduction than any 

control system in current practice or of achieving at least comparable reductions at lower cost in 

terms of energy, economics, or non-air quality environmental impacts.

II.A.19. Low Terrain

Any area other than high terrain.

II.A.20. Lowest Achievable Emissions Rate (LAER)

For any source, the more stringent rate of emissions based on the following:

II.A.20.a. The most stringent emission limit contained in any state implementation plan for 

such class or category of stationary source, unless the owner or operator of the 

proposed stationary source demonstrates that such limits are not achievable; or

II.A.20.b. The most stringent emission limitation that is achieved in practice or can 

reasonably be expected to occur in practice by such class or category of source, 

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taking into consideration the pollutant that must be controlled

II.A.21. Major Emissions Unit

. In no event shall 

application of the term permit a proposed new or modified stationary source to

emit any pollutant in excess of the amount allowable under an applicable new 

source performance standard (Regulation Number 6).

II.A.21.a. Any emissions unit that emits or has the potential to emit one hundred tons per 

year or more of the PAL pollutant in an attainment area; or

II.A.21.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in 

an amount that is equal to or greater than the major stationary source threshold 

(as defined in Section II.A.24. of this part) for the PAL pollutant for nonattainment 

areas. For example, in accordance with the definition of a major stationary 

source (as defined in Section II.A.24.of this part), an emissions unit would be a 

major emissions unit for volatile organic compounds if the emissions unit is 

located in an ozone nonattainment area and emits or has the potential to emit 

one hundred or more tons of voc per year.

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 net emissions increase of a regulated NSR pollutant 

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

the modification)

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.

and a significant net emissions increase of that pollutant from the major 

stationary source.

II.A.22.b. In the Denver Metropolitan PM10 nonattainment area, any net emission 

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

considered significant for PM10.

II.A.22.c. A physical change or change in the method of operation shall not include 

routine maintenance, repair, and replacement. 

II.A.22.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 nonattainment areas, shall not 

include:

II.A.22.d.(i) Use of an alternative fuel or raw material by reason of an order in 

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

Environmental Coordination Act of 1974 (or any superseding legislation), 

a prohibition under the 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;

II.A.22.d.(ii) Use of an alternative fuel because of an order or rule under Section 

125 of the Federal Act;

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II.A.22.d.(iii) Use of an alternative fuel at a steam-generating unit to the extent 

that the fuel is generated from municipal solid waste;

II.A.22.d.(iv) Use of an alternative fuel or raw material that: 

II.A.22.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

II.A.22.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

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

under this Regulation Number 3.

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

prohibited under a federally enforceable permit condition;

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

be prohibited under a federally enforceable permit condition; or

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

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

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

II.A.22.d.(viii)(A) The Colorado State Implementation Plan, and 

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

the National Ambient Air Quality Standards during the project 

and after it is terminated.

II.A.22.d.(ix) For major stationary sources in attainment areas:

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

technology demonstration project that constitutes re-powering, 

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

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

The exemption shall apply on a pollutant-by-pollutant basis.

II.A.22.d.(ix)(B) Tthe reactivation of a very clean coal fired electric utility 

steam generating unit.

II.A.22.d.(x) The reactivation of a very clean coal fired electric utility steam 

generating unit.

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

pollutant when the major stationary source is complying with the requirements 

under Section XV. of this Part D for a PAL for that pollutant. Instead, the 

definition in Section II.A.30. of this part shall apply. 

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

combustion engines on any vehicle, and emissions resulting from temporary 

construction or exploration activities shall be excluded in determining whether a 

major modification will occur. 

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

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

occur.

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

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

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

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

calculating the potential to emit of the modification.

II.A.23. Major Source Baseline Date 

II.A.23.a. In the case of PM10 and sulfur dioxide, January 6, 1975; 

II.A.23.b. In the case of nitrogen dioxide, February 8, 1988; and

II.A.23.c. In the case of PM2.5, October 20, 20112010.

II.A.24. Major Stationary Source

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

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

source means: 

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

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

regulated NSR pollutant: 

II.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input 

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

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

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

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

II.A.24.a.(i)(F) Iron and steel mill plants 

II.A.24.a.(i)(G) Primary aluminum ore reduction plants 

II.A.24.a.(i)(H) Primary copper smelters 

II.A.24.a.(i)(I) Municipal incinerators capable of charging more than 250 

tons of refuse per day 

II.A.24.a.(i)(J) Hydrofluoric, sulfuric, and nitric acid plants 
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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 

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

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

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

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

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

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

pollutant.

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

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

attainment area affecting a nonattainment area is subject to the requirements of 

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

air pollutants that emits, or has the potential to emit 100 tons per year or more of 

any regulated NSR pollutant for which the area is nonattainment. Additionally, a 

source causing or contributing to a violation of a national ambient air quality 

standard for any pollutant regulated under Section 110 of the Federal Act shall 

be considered a major stationary source when it has the potential to emit one 

hundred tons per year or more of that pollutant. The source will be considered to 

cause or contribute to a violation where the source exceeds the significance 

levels in the table under Section VI.D.2. of this Part D. Such source is subject to 

the requirements of Section VI. of this Part D.

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

stationary source not otherwise qualifying as a major stationary source under 
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Sections II.A.24.a and II.A.24.b. of this part, if the change would constitute a 

major stationary source by itself.

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

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

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

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

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

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

source, unless the source belongs to one of the categories of stationary sources 

listed in Section II.A.24.a.(i) or any other stationary source category which, as of 

August 7, 1980, is regulated under Section 111 or 112 of the Federal Act.

II.A.24.f.Emissions caused by indirect air pollution sources (as defined in Section I.B.24. 

of Part A of this regulation), emissions from internal combustion engines on any 

vehicle, and emissions resulting from temporary activities, such as construction 

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

stationary source. Emissions from on going 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 attainment/maintenance 

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

for PM10.

II.A.25. Minor Source Baseline Date 

II.A.25.a.The earliest date after the trigger date that a major stationary source or a major 

modification subject to the requirements of Section VI. of this Part D submits a 

complete application under the relevant regulations. The trigger date is:

II.A.25.a.(i) In the case of PM10 and sulfur dioxide, August 7, 1977; 

II.A.25.a.(ii) In the case of nitrogen dioxide, February 8, 1988; and

II.A.25.a.(iii) In the case of PM2.5, October 20, 2011.

II.A.25.b. The baseline date is established for each pollutant for which increments 

or other equivalent measures have been established if:

II.A.25.b.(i) The area in which the proposed source or modification would 

construct is designated as attainment or unclassifiable under Sections 

107(d)(1)(A)(ii) or (iii) of the Federal Act for the pollutant on the date of its 

complete application under Section VI. of this part; and

II.A.25.b.(ii) In the case of a major stationary source the pollutant would be 

emitted in significant amounts, or, in the case of a major modification, 

there would be a significant net emissions increase of the pollutant.

II.A.25.c. Any minor source baseline date established originally for the Total Suspended 

Particulates increments shall remain in effect and shall apply for purposes of 

determining the amount of available PM10 increments, except that the Division 

may rescind any such minor source baseline date where it can be shown, to the 

satisfaction of the Division, that the emissions increase from the major stationary 
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source, or the net emissions increase from the major modification, responsible 

for triggering that date did not result in a significant amount of PM10 emissions.

II.A.26. Net Emissions Increase 

II.A.26.a. With respect to any regulated NSR pollutant emitted by a major stationary 

source, the amount by which the sum of the following exceeds zero:

II.A.26.a.(i) The increase in the actual

II.A.26.a.(ii) Any other increases and decreases in actual emissions at the 

major stationary source that are contemporaneous with the particular 

change and are otherwise creditable. Baseline actual emissions for 

calculating increases and decreases under this paragraph shall be 

determined as provided in the definition of baseline actual emissions, 

except that paragraphs II.A.4.a.(iii) and II.A.4.b.(iv) of this Part D shall 

not apply. 

emissions from a particular physical 

change or change in the method of operation at a stationary source 

calculated pursuant to Sections I.A.2. through I.A.3., and I.B. of this Part 

D; and

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

contemporaneous with the increase from the particular change only if it occurs 

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

occurs.

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

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

decrease occurs; and

II.A.26.c.(ii) The Division has not relied on it in issuing a permit for the source 

under Regulation Number 3, or the U.S. EPA has not relied on it in 

issuing a permit under Title I, Part C of the Federal Act, which permit is in 

effect when the increase in actual emissions from the particular change 

occurs; and

II.A.26.c.(iii) In order to establish a baseline emissions rate, the owner or 

operator must submit an Air Pollutant Emission Notice to the Division 

prior to the increase or decrease indicating actual emissions (as defined 

in Section II.A.1. of this of part) and the owner or operator must submit a 

revised Air Pollutant Emission Notice to the Division within one year after 

the increase or decrease occurs, or

II.A.26.c.(iv) The owner or operator provides credible, demonstrable evidence to 

the Division of what actual emissions were before making the increase or 

decrease and what they were after making the increase or decrease.

II.A.26.d. An increase or decrease in actual emissions of sulfur dioxide, particulate 

matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating the 

amount of maximum allowable increases remaining available. With respect to 

particulate matter, only PM10 emissions can be used to evaluate the net 

emissions increase for PM10 and only PM2.5 emissions can be used to evaluate 

the net emissions increase for PM2.5.

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II.A.26.e. An increase in actual emissions is creditable only to the extent that the new 

level of actual emissions exceeds the old level.

II.A.26.f. A decrease in actual emissions is creditable only to the extent that:

II.A.26.f.(i) The Division has not relied on it in issuing any permit under this Part 

D, or has not relied on it in demonstrating attainment or reasonable 

further progress:

II.A.26.f.(ii) The old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual 

emissions;

II.A.26.f.(iii) It is federally

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

enforceable as a practical matter at and after the time 

that actual construction on the particular change begins; and

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 reasonable shakedown period, not to exceed 

one hundred and eighty days.

II.A.26.h. Section II.A.1.a. of this part shall not apply for determining creditable increases 

and decreases after a change. 

II.A.26.i. The organic compounds referenced in the common provisions definition of 

negligibly reactive volatile organic compounds are neither counted as reactive 

volatile organic compounds in determining significant ozone increases nor 

creditable against an increase in emissions of any volatile organic compound. 

II.A.26.j. Creditable Decreases for Fuel Switching. 

Generally, for credit to be given for the emissions reduction in potential to emit or 

actual emissions resulting from a physical change or change in method of 

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

this rule, an Air Pollutant Emission Notice reporting such reduction must be filed 

within one year after the reduction occurs unless an extension is requested by 

the source and approved by the Division due to uncertainty as to the 

permanence of such reduction. At the time credit for any reduction is requested, 

such reduction must be enforceable. Such reductions must be enforceable 

through permit conditions or source specific state implementation plan revisions.

II.A.27. Nonattainment Major New Source Review (NSR) Program

A major stationary source preconstruction permit program that has been approved by the 

Administrator and incorporated into this Regulation Number 3. Any permit issued under the 

program is a major NSR permit. 

II.A.28. PAL Effective Date

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Generally means the date of issuance of the PAL permit. However, the PAL effective date for an 

increased PAL is the date any emissions unit that is part of the PAL major modification becomes 

operational and begins to emit the PAL pollutant.

II.A.29. PAL Effective Period

The period beginning with the PAL effective date and ending ten years later.

II.A.30. PAL Major Modification

Notwithstanding Sections II.A.22 and II.A.26. of this Part D (the definitions for major modification 

and net emissions increase), any physical change in or change in the method of operation of the 

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

II.A.31. PAL Permit

The Operating Permit issued in accordance with this Part D that establishes a PAL for a major 

stationary source.

II.A.32. PAL Pollutant

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

II.A.33. Plant-wide Applicability Limitation (PAL)

An emission limitation expressed in tons per year, for a pollutant at a major stationary source that 

is enforceable as a practical matter and established source-wide in accordance with Section XV. 

of this Part D. 

II.A.34. Prevention of Significant Deterioration (PSD) Permit

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

II.A.35. Project

A physical change in, or change in the method of operation of, an existing major stationary 

source.

II.A.36. Projected Actual Emissions

II.A.36.a. The maximum annual rate, in tons per year, at which an existing emissions unit 

at a major stationary source is projected to emit a regulated NSR pollutant in any 

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

regular operation after the project, or in any one of the ten years following that 

date, if the project involves increasing the emissions unit's design capacity or its 

potential to emit of that regulated NSR pollutant and full utilization of the unit 

would result in a significant emissions increase or a significant net emissions 

increase at the major stationary source.

II.A.36.b. In determining the projected actual emissions under Section II.A.36.a., above, 

before beginning actual construction, the owner or operator of the major 

stationary source:

II.A.36.b.(i) Shall consider all relevant information, including but not limited to, 

historical operational data, the company's own representations, the 

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company's expected business activity and the company's highest 

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

Federal regulatory authorities, and compliance plans; and 

II.A.36.b.(ii) Shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions; and

II.A.36.b.(iii) Shall exclude, in calculating any increase in emissions that results 

from the particular project, that portion of the unit's emissions following 

the project that an existing unit could have accommodated during the 

consecutive twenty-four month period used to establish the baseline 

actual emissions under Section II.A.4. of this part D and that are also 

unrelated to the particular project, including any increased utilization due 

to product demand growth; or,

II.A.36.b.(iv) In lieu of using the method set out in Sections II.A.36.b.(i) through 

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

tons per year, as defined in Section I.B.37. of Part A of this regulation.

II.A.37. Reactivation of Very Clean Coal-fired Electric Utility Steam Generating Unit

Any physical change or change in the method of operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a period of discontinued operation where 

the unit:

II.A.37.a. Has not been in operation for the two year period prior to the enactment of the 

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

be carried in the permitting authority's emissions inventory at the time of the 

enactment;

II.A.37.b. Was equipped prior to shut-down with a continuous system of emissions control 

that achieves a removal efficiency for sulfur dioxide of no less than eighty-five 

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

percent;

II.A.37.c. Is equipped with low-nitrogen oxide burners prior to the time of commencement 

of operations following reactivation; and 

II.A.37.d. Is otherwise in compliance with the requirements of the Federal Act.

II.A.38. Regulated NSR Pollutant

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

II.A.38.b. Any pollutant for which a national ambient air quality standard has been 

promulgated; 

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

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

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

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

the general pollutant. Precursors for the purposes of New Source Review are the 

following:

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II.A.38.c.(i) Nitrogen oxides or any volatile organic compound are precursors to 

ozone;

II.A.38.c.(ii) Sulfur dioxide is a precursor to PM2.5; 

II.A.38.c.(iii) Nitrogen oxides are precursors to PM2.5.

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

the Federal Act; 

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

defined in Section I.B.44. or Part A; 

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

NSR pollutant shall not include any or all hazardous air pollutants either listed in 

Section 112 of the Federal Act (that have not been delisted pursuant to Section 

112(b)(3) of the Federal Act) or Appendix 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.

II.A.38.g. Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions 

shall include gaseous emissions from a source or activity which condense to 

form particulate matter at ambient temperatures. On or after January 1, 2011, 

such condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.5 and 

PM10 in PSD permits. Compliance with emission limitations for PM, PM2.5 and 

PM10 issued prior to this date shall not be based on condensable particulate 

matter unless required by the terms and conditions of the permit or the applicable 

implementation plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in violation 

of this section.

II.A.39. Replacement Unit

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

No creditable emission reductions shall be generated from shutting down the existing emissions 

unit that is replaced.

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

Federal Regulations Title 40, Section 60.15(b)(1), or the emissions unit 

completely takes the place of an existing emissions unit.

II.A.39.b. The emissions unit is identical to or functionally equivalent to the replaced 

emissions unit.

II.A.39.c. The replacement does not alter the basic design parameters of the process 

unit.

II.A.39.d. The replaced emissions unit is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from operation 

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

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

II.A.40. Repowering

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

technologies: atmospheric or pressurized fluidized bed combustion, integrated 

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

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

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

multiple combustion emissions simultaneously with improved boiler or generation 

efficiency and with significantly greater waste reduction relative to the 

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

1990. 

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

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

the Department of Energy.

II.A.40.5 Representative Actual Annual Emissions

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

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

consecutive two-year period within ten years after the change, where the Division determines that 

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

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

utilization. In projecting future emissions, the Division shall:

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

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

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

change that could have been accommodated during the representative baseline 

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

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

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

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

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

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

Act; and

II.A.41. Secondary Emissions 

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

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

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

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

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

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

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

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

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

II.A.42. Significant 

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

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

Carbon monoxide: 100 tons per year 

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

Sulfur dioxide: 40 tons per year

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

year of PM10 emissions

PM10 - Precursors in the Denver Metropolitan PM10 attainment/maintenance 

area: 40 tons per year for each individual precursor (nitrogen oxides or sulfur 

oxides)

PM2.5: 10 tons per year of direct PM2.5 emissions; 40 tons per year of sulfur 

dioxide emissions; or 40 tons per year of nitrogen dioxide emissions 

Ozone: 40 tons per year of volatile organic compounds or nitrogen oxides

Lead: 0.6 tons per year

Fluorides: 3 tons per year 

Sulfuric acid mist: 7 tons per year 

Hydrogen sulfide: 10 tons per year 

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

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

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

year (3.5 x 10-6 tons per year)

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

megagrams per year (15 tons per year)

Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and 

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

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

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

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

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

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

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

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

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

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

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

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

II.A.43. Significant Emissions Increase

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

II.A.42. of this Part D) for that pollutant.

II.A.44. Significant Emissions Unit

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

equal to or greater than the significant level (as defined in Section II.A.42. of this Part D or in the 

Federal Act, whichever is lower) for that PAL pollutant, but less than the amount that would 

qualify the unit as a major emissions unit (as defined in Section II.A.21. of this part).

II.A.45. Small Emissions Unit

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

the significant level for that PAL pollutant (as defined in Section II.A.32. of this Part D or in the 

Federal Act, whichever is lower).

II.A.46. Temporary Clean Coal Technology Demonstration Project

A clean coal technology demonstration project that is operated for a period of five years or less, 

and that complies with the state implementation plan and other requirements necessary to attain 

and maintain the National Ambient Air Quality Standards during the project and after it is 

terminated.

V. Requirements Applicable to Nonattainment Areas 

V.A. Major Stationary Sources.

For any new major stationary source or major modification, the Division shall grant a permit if it 

determines that the following conditions in Sections V.A.1. through V.A.6., as well as those in 

Section III.D.1. of Part B of this regulation, will be met:

V.A.1. The proposed source will achieve the lowest achievable emission rate for the specific 

source category.

V.A.2. The applicant has certified that all other existing major stationary sources owned, 

operated, or controlled by the applicant (or any entity controlling, controlled by, or under 

the common control with the applicant) in Colorado are in compliance with the 

requirements of the State implementation plan and the federally approved state 

implementation plan, or are subject to and in compliance with an enforceable compliance 

schedule, or a federally enforceable compliance schedule.

V.A.3. Prior to the date of commencement of operations, the ratio of total actual emission 

reductions compared to the emissions increase (offsets) shall be at least one for one 

(1:1), unless an alternative ratio is provided for the applicable nonattainment area as 

identified in Section V.A.3.a., below. 

V.A.3.a. Offset Ratios

V.A.3.a(i) For ozone nonattainment areas that are subject to subpart 2, part D, 

title I of the Federal Act, the offset ratio of total actual emission 

reductions of VOC to the emissions increase of VOC shall be as follows: 

V.A.3.a(i)(a) In any marginal nonattainment area for ozone – at least 1.1:1; 

V.A.3.a(i)(b) In any moderate nonattainment area for ozone – at least 1.15:1; 

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V.A.3.a(i)(c) In any serious nonattainment area for ozone – at least 1.2:1;

V.A.3.a(i)(d) In any severe nonattainment area for ozone – at least 1.3:1; or

V.A.3.a(i)(e) In any extreme nonattainment area for ozone – at least 1.5:1. 

V.A.3.a.(ii) For all areas within an ozone transport region that is subject to 

subpart 2, part D, title 1 of the Federal Act, and that are not designated 

as serious, severe or extreme and are subject to subpart 1, part D, title 1 

of the Federal Act – at least 1.15:1.

V.A.3.a.(iii) For ozone nonattainment areas that are subject to subpart 1, part D, 

title I of the Federal Act, including 8-hour ozone nonattainment areas 

subject to 40 CFR, Part 51, Section 51.902(b), the ratio of total actual 

emissions reductions of VOC to the emissions increase of VOC shall be 

at least 1:1. 

V.A.3.b. Offsets must be obtained from existing sources (whether or not under the same 

ownership) within the nonattainment area for each pollutant, or its precursors, for which 

the area is nonattainment. Offsets must represent reasonable further progress towards 

attainment of the National Ambient Air Quality Standards when considered in connection 

with other new and existing sources of emissions. In addition, offsets for PM10, PM2.5, 

sulfur oxides, and carbon monoxide must show, through atmospheric modeling, a 

positive net air quality benefit in the area affected by the emissions. Provided, however, 

that offsets meeting the requirements of this Section V.A.3. may also be obtained from 

existing sources outside the nonattainment area if the applicant demonstrates:

V.A.3.b.(i) A greater air quality benefit may thus be achieved, or sufficient offsets are not 

available from sources within the nonattainment area; and

V.A.3.b.(ii) The other area has an equal or higher nonattainment classification than the 

area in which the source is located; and

V.A.3.b.(iii) Emissions from such other area contribute to a violation of the National 

Ambient Air Quality Standard in the 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 of the required offsets to new emissions the 

greater the distance such offsets are from the new or modified source.

V.A.3.c. Offsets must be for the same regulated NSR pollutant, except that offset 

requirements for direct PM2.5 emissions or PM2.5 precursors may be satisfied 

by offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 

precursor identified under Section II.A.38. of Part D. 

V.A.4. The permit application shall include an analysis of alternative sites, sizes, production 

processes and environmental control techniques for such proposed source that 

demonstrates that benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or 

modification.

V.A.5. Offsets for which emission reduction credit is taken must be enforceable through permit 

conditions or source specific state implementation plan revisions.
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V.A.6. The applicant will demonstrate that emissions from the proposed source will not 

adversely impact visibility in a Class I area. This demonstration shall be reviewed by the 

Federal Land Manager and any determination made by the Federal Land Manager shall 

be considered in the Division's decision to grant the permit. If an adverse impact, as 

described in Section XIV.E., is predicted by the Division, the permit application will be 

denied. Federal Land Manager involvement shall follow the same procedures as stated 

in Section XIIXIII.A. of this Part D. The demonstration will be performed using either 

techniques described in the latest version of the U.S. EPA document entitled "Workbook 

for Estimating Visibility Impairment" or other techniques approved by the Division.

V.A.7. Applicability of Certain Nonattainment Area Requirements

V.A.7.a. Any major stationary source in a nonattainment area is subject to the 

requirements of Section V.A. of this Part D.

V.A.7.b. The requirements of Section V.A. shall apply at such time that any stationary 

source or modification becomes a major stationary source or major modification 

solely by virtue of a relaxation in any enforceable limitation that was established 

after August 7, 1980 on the capacity of the source or modification to otherwise 

emit a pollutant, such as a restriction on hours of operation.

V.A.7.c. The following provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances 

where there is a project that is not a part of a major modification and the owner or 

operator elects to use the method specified in Sections II.A.36.b.(i) through 

II.A.36.b.(iii) of this Part D for calculating projected actual emissions.

V.A.7.c.(i) Before beginning actual construction of the project, the owner or 

operator shall document and maintain a record of the following 

information:

V.A.7.c.(i)(A) A description of the project;

V.A.7.c.(i)(B) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and

V.A.7.c.(i)(C) A description of the applicability test used to determine that 

the project is not a major modification for any regulated NSR 

pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under 

Section II.A.36.b.(iii) of this part and an explanation for why such 

amount was excluded, and any netting calculations, if applicable.

V.A.7.c.(ii) If the emissions unit is an existing electric utility steam generating unit, 

before beginning actual construction, the owner or operator shall provide 

a copy of the information set out in Section V.A.7.c.(i) to the Division. 

Nothing in this Section V.A.7.c.(ii) shall be construed to require the 

owner or operator of such a unit to obtain any determination from the 

Division before beginning actual construction.

V.A.7.c.(iii) The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that is 

emitted by any emissions units identified in Section V.A.7.c.(i)(B); and 

calculate and maintain a record of the annual emissions, in tons per year 

on a calendar year basis, for a period of five years following resumption 

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of regular operations after the change, or for a period of ten years 

following resumption of regular operations after the change if the project 

increases the design capacity or potential to emit of that regulated NSR 

pollutant at such emissions unit.

V.A.7.c.(iv) If the unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the Division within sixty days 

after the end of each year during which records must be generated under 

Section V.A.7.c.(iii) setting out the unit's annual emissions during the 

calendar year that preceded submission of the report. 

V.A.7.c.(v) If the unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the 

Division if the annual emissions, in tons per year, from the project 

identified in Section V.A.7.c.(i), exceed the baseline actual emissions (as 

documented and maintained pursuant to Section V.A.7.c.(i)(C)) by a 

significant amount (as defined in Section II.A.42. of this part) for that 

regulated NSR pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to 

Section V.A.7.c.(i)(C). Such report shall be submitted to the Division 

within sixty days after the end of such year. The report shall contain the 

following:

V.A.7.c.(v)(A) The name, address and telephone number of owner or 

operator of the major stationary source;

V.A.7.c.(v)(B) The annual emissions as calculated pursuant to Section 

V.A.7.c.(iii); and

V.A.7.c.(v)(C) Any other information that the owner or operator wishes to 

include in the report (e.g., an explanation as to why the 

emissions differ from the preconstruction projection).

V.A.7.d. The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to Section V.A.7.c. available for review 

upon request for inspection by the Division or the general public.

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VI. Requirements applicable to attainment and unclassifiable areas and pollutants 

implemented under Section 110 of the Federal Act (Prevention of Significant Deterioration 

Program).

VI.A. Major Stationary Sources and Major Modifications.

The requirements of this Section VI. shall apply to any major stationary source and any major 

modification with respect to each pollutant regulated under the Act and the Federal Act that it 

would emit, except as this Regulation Number 3 would otherwise allow.

For any new major stationary source or major modification proposing to construct in any area in 

Colorado designated under Section 107 (d) of the Federal Act as attainment or unclassifiable for 

any criteria pollutant as of the date of submittal of a complete application under this Regulation 

Number 3, or for pollutants implemented under Section 110 of the Federal Act, the Division shall 

grant a permit if it determines that the following requirements, in addition to those in Section 

III.D.1. of Part B of this regulation, have been or will be met:

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VI.A.1. Control Technology Review.

VI.A.1.a. A new major stationary source shall apply Best Available Control Technology for 

each pollutant regulated under the Act or Federal Act that it would have the 

potential to emit in significant amounts.

VI.A.1.b. A major modification shall apply best available control technology for each 

pollutant regulated under the Act or Federal Act for which there would be a 

significant net emissions increase at the source. This requirement applies to 

each proposed emissions unit at which a net emissions increase in the pollutant 

would occur as a result of a physical change or change in the method of 

operation of the unit.

VI.A.1.c. For phased construction projects, the determination of best available control 

technology shall be reviewed and modified as appropriate for phases that 

commence construction more than 18 months after the initial granting of the 

permit

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at the latest reasonable time which occurs no later than eighteen months 

prior to commencement of construction of each independent phase of the project. 

The review will be conducted in a timely manner that will allow the owner or 

operator to proceed with scheduled construction of the source. During the 

review, the owner or operator of the applicable stationary source may be required 

to demonstrate the adequacy of any previous determination of best available 

control technology for the source.

VI.A.3. Pre-construction Monitoring and Analysis

VI.A.3.a. An analysis of ambient air quality in any area that would be affected by the 

proposed major stationary source or major modification shall be performed for 

each pollutant regulated under the Act or Federal Act that the source or 

modification would emit or have the potential to emit in a significant amount, or 

for which there would be a significant net emissions increase.

VI.A.3.b. With respect to any such regulated pollutant for which no national ambient air 

quality standard exists and for which there is an acceptable method for the 

monitoring of that pollutant, the analysis shall contain such air quality monitoring 

data as the Division determines are necessary to assess ambient air quality for 

that pollutant in any area that emissions of that pollutant would affect.

VI.A.3.c. With respect to any such pollutant for which a national ambient air quality 

standard does exist, the analysis shall contain continuous air quality monitoring 

data gathered for purposes of determining whether emissions of that pollutant 

would cause or contribute to a violation of the applicable standard or any 

maximum allowable increase.

VI.A.3.d. In general, the continuous air quality monitoring data that are required under 

Section VI.A.3.c., or the pre-application monitoring of air quality related values 

required by Section XIII.B. of this part, shall have been gathered over a period of 

one year and shall represent the year preceding receipt of the application, except 

that, if the Division determines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter than one year 

(but not to be less than four months), the data that are required shall have been 

gathered over at least that shorter period. 

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VI.A.3.e. The owner or operator of a proposed major stationary source or major 

modification of volatile organic compounds who satisfies all conditions of the 

Code of Federal Regulations Title 40, Part 51, Appendix S, Section IV. (but not 

including conditions resulting from amendments after July 1, 1991 and not 

including Section IV. B. of Appendix S) may provide post-approval monitoring 

data for ozone in lieu of providing pre-construction data as required under 

Section VI.A.3.a. (Information on obtaining the Code of Federal Regulations Title 

40, Part 51, Appendix S, Section IV. is available from the Director, Air Pollution 

Control Division, 4300 Cherry Creek Drive South, Denver, Colorado, 80246-

1530.)

VI.A.4. Post-Construction Monitoring. At its discretion, the Division may require that the owner or 

operator of a major stationary source or major modification conduct post-construction 

ambient monitoring for a period up to one year. The Division may also require additional 

monitoring beyond the one year period if such monitoring is necessary to determine the 

effect emissions from the stationary source or modification have, or may have, on air 

quality in any area. The monitoring of air quality related values or sensitive receptors 

required by Section XIII.B. of this part, shall be for such time as is necessary to determine 

the effect emissions from the source or modification will have on the air quality related 

values or sensitive receptors.

Post-construction monitoring requirements will be permit conditions.

VI.A.5. Operation of Monitoring Stations. The owner or operator of a major stationary source or 

major modification shall use the U.S. EPA accepted procedures for ambient monitoring 

as approved by the Division during the operation of monitoring stations for purposes of 

satisfying the requirements of Sections VI.A.3. and VI.A.4., above.

VI.A.6. Additional Impact Analysis. For each pollutant that is regulated under the Act or the 

Federal Act, and for which the source or modification would emit in significant amounts 

(as defined in Section II.A.42. of this part) or for which there would be a significant net 

emissions increase, the owner or operator shall provide an analysis of the impairment to 

visibility, water, soils, and vegetation that would occur as a result of the emissions of such 

pollutant from the source or modification and general commercial, residential, industrial, 

and other growth associated with the source or modification. The analysis of impairment 

to water will not be used in the determination of best available control technology. The 

owner or operator need not provide an analysis of the impact on vegetation having no 

significant commercial or recreational value. The additional impact analysis will include 

the effects on air quality related values as stated in Section XIII.B. of this part, if 

applicable.

The owner or operator shall provide an analysis of the air quality impact projected for the 

area as a result of general commercial, residential, industrial and other growth associated 

with the source or modification.

VI.B. Applicability of Certain PSD Requirements.

VI.B.1. The requirements of Section VI.A. do not apply to a major stationary source or major 

modification with respect to a particular pollutant if the owner or operator demonstrates 

that, as to that pollutant:

VI.B.1.a. The source or modification is subject to Part 3 of the Act and Section V. of this 

part, and the source or modification would not impact any area designated as 

attainment or unclassifiable for that pollutant; or

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VI.B.1.b. The emissions from the source or modification would not be significant; or

VI.B.1.c. The source or modification is a portable stationary source that has previously 

received a permit under requirements equivalent to those contained in Section 

VI.A. of this part if:

VI.B.1.c.(i) The source proposes to relocate and emissions of the source at the 

new location would be temporary;

VI.B.1.c.(ii) The emissions from the source would not exceed its allowable 

emissions;

VI.B.1.c.(iii) The emissions from the source would impact no Class I area and no 

area where an applicable increment is known to be violated; and

VI.B.1.c.(iv) Reasonable notice identifying the proposed new location and the 

probable duration of operation at the new location and a revised Air 

Pollutant Emission Notice is given to the Division prior to the relocation. 

Such notice and revised Air Pollutant Emission Notice shall be given to 

the Division not less than ten days in advance of the proposed relocation 

unless a different time duration is previously approved by the Division.

VI.B.2. The requirements contained in Sections VI.A.2. through VI.A.4. of this part do not apply:

VI.B.2.a. To a proposed major stationary source or major modification with respect to a 

particular pollutant, if the emissions would be from a temporary source, 

modification or activity, such as construction or exploration, and would not have 

an impact on air quality in any Class I area or an area where an applicable 

increment is known to be violated; or 

VI.B.2.b. As they relate to any maximum allowable increase for a Class II area, to a 

modification of a major stationary source that was in existence on March 1, 1978, 

if the net increase in allowable emissions of each pollutant subject to regulation, 

excluding GHG, under the Act from the modification after the application of best 

available control technology would be less than fifty tons per year.

VI.B.3. The Division may exempt a proposed major stationary source or major modification from 

the requirements of Sections VI.A.3. through VI.A.5. of this part, with respect to 

monitoring for a particular pollutant if:

VI.B.3.a. The emissions of the pollutant from the new stationary source or the net 

emissions increase of the pollutant from the modification would cause air quality 

impacts, in any area, less than the following:

VI.B.3.a.(i) Carbon monoxide - 575 μg/m3

, 8-hour average;

VI.B.3.a.(ii) Nitrogen dioxide - 14 μg/m3

, annual average;

VI.B.3.a.(iii) Particulate Matter - PM10 -- 10 μg/m3

, 24-hour average; PM2.5 – 4 

μg/m3

, 24-hour average;

VI.B.3.a.(iv) Sulfur dioxide - 13 μg/m3

, 24-hour average;

VI.B.3.a.(v) Lead - 0.1 μg/m3

, 3-month average;
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VI.B.3.a.(vi) Fluorides - 0.25 μg/m3, 24-hour average;

VI.B.3.a.(vii) Total reduced sulfur - 10 μg/m3

, 1-hour average;

VI.B.3.a.(viii) Hydrogen sulfide - 0.2 μg/m3

, 1-hour average;

VI.B.3.a.(ix) Reduced sulfur compounds - 10 μg/m3

, 1-hour average; or

VI.B.3.b. The existing concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed in this section; or

VI.B.3.c. For ozone, the emissions increase or net emissions increase of volatile organic 

compounds or nitrogen oxides from the source or modification would be less than 

100 tons per year; or

VI.B.3.d. The pollutant is not referred to in this section Section VI.B.3.a.; or 

VI.B.3,.e. The source or modification was subject to Section VI., with respect to PM2.5, 

as in effect before July 15, 2008, and the owner or operator submitted an 

application for a permit under this Section VI.A. of Part D before that date 

consistent with EPA recommendations to use PM10 as a surrogate for PM2.5, 

and the Division subsequently determines that the application as submitted was 

complete with respect to the PM2.5 requirements then in effect, as interpreted by 

EPA in the memorandum entitled “Interim Implementation of New Source Review 

Requirements for PM2.5” (October 23, 1997). Instead, the requirements of 

Section VI.A. of this Part D, as interpreted in the aforementioned memorandum, 

that wereas in effect before July 15, 2008 shall apply to such source or 

modification.

VI.B.4. The requirements of this Part D shall apply at such time that any stationary source or 

modification becomes a major stationary source or major modification solely by virtue of a 

relaxation in any enforceable limitation that was established after August 7, 1980, on the 

capacity of the source or modification to otherwise emit a pollutant such as a restriction 

on hours of operation.

VI.B.5. The following provisions apply to projects at existing emissions units at a major stationary 

source (other than projects at a source with a PAL) in circumstances where there is a 

project that is not a part of a major modification and the owner or operator elects to use 

the method specified in Sections II.A.36.b.(i) through II.A.36.b.(iii) of this Part D for 

calculating projected actual emissions.

VI.B.5.a. Before beginning actual construction of the project, the owner or operator shall 

document and maintain a record of the following information:

VI.B.5.a.(i) A description of the project;

VI.B.5.a.(ii) Identification of the emissions unit(s) whose emissions of a regulated 

NSR pollutant could be affected by the project; and

VI.B.5.a.(iii) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, 

including the baseline actual emissions, the projected actual emissions, 

the amount of emissions excluded under Section II.A.36.b.(iii) of this 

part, and an explanation for why such amount was excluded, and any 

netting calculations, if applicable.

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VI.B.5.b. If the emissions unit is an existing electric utility steam-generating unit, before 

beginning actual construction, the owner or operator shall provide a copy of the 

information set out in Section VI.B.5.a. to the Division. Nothing in this Section 

VI.B.5.b. shall be construed to require the owner or operator of such a unit to 

obtain any determination from the Division before beginning actual construction.

VI.B.5.c. The owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project and that is emitted by any 

emissions unit identified in Section VI.B.5.a.(ii); and calculate and maintain a 

record of the annual emissions, in tons per year on a calendar year basis, for a 

period of five years following resumption of regular operations after the change, 

or for a period of ten years following resumption of regular operations after the 

change if the project increases the design capacity or potential to emit of that 

regulated NSR pollutant at such emissions unit.

VI.B.5.d. If the unit is an existing electric utility steam generating unit, the owner or 

operator shall submit a report to the Division within sixty days after the end of 

each year during which records must be generated under Section VI.B.5.c. 

setting out the unit's annual emissions during the calendar year that preceded 

submission of the report. 

VI.B.5.e. If the unit is an existing unit other than an electric utility steam-generating unit, 

the owner or operator shall submit a report to the Division if the annual 

emissions, in tons per year, from the project identified in Section VI.B.5.a. exceed 

the baseline actual emissions (as documented and maintained pursuant to

Section VI.B.5.a.(iii)) by a significant amount (as defined in Section II.A.42. of this 

part) for that regulated NSR pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to Section 

VI.B.5.a.(iii). Such report shall be submitted to the Division within sixty days after 

the end of such year. The report shall contain the following:

VI.B.5.e.(i) The name, address and telephone number of the major stationary 

source;

VI.B.5.e.(ii) The annual emissions as calculated pursuant to Section VI.B.5.c.; 

and

VI.B.5.e.(iii) Any other information that the owner or operator wishes to include in 

the report (e.g., an explanation as to why the emissions differ from the 

preconstruction projection).

VI.B.6. The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to Section VI.B.5. available for review 

upon request for inspection by the Division or the general public.

VI.B.7. A stationary source or modification may apply the applicable maximum allowable 

increases for total suspended particulate matter as in effect on the date of the 

permit application, in meeting the requirements of Section VI.A.2. of this part, if 

the following requirements are met:

VI.B.7.a. The owner or operator of the source or modification submitted an application for 

a permit under Regulation Number 3 before the provisions for maximum 

allowable increases for PM10 took effect; and

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VI.B.7.b. The Division determines that the application as submitted, before the date that 

the maximum allowable increases for PM10 took effect, was complete.

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XV. Actuals PALs

XV.A. Applicability.

XV.A.1. At the request of an owner or operator, the Division may approve the use of an actuals 

PAL in a Title V permit for any existing major stationary source that has operated for at 

least two years if the PAL meets the requirements in Sections XV.A. through XV.L. The 

term "PAL" shall mean "actuals PAL" throughout Section XV. of this part.

XV.A.2. Any physical change in or change in the method of operation of a major stationary source 

that maintains its total source-wide emissions below the PAL level, meets the 

requirements in Sections XV.A. through XV.L., and complies with the PAL permit:

XV.A.2.a. Is not a major modification for the PAL pollutant;

XV.A.2.b. Is not subject to the major NSR review procedures in Sections I.B., V., and VI. 

of this part; and

XV.A.2.c. Is not subject to the provisions in Section V.A.5.b. of this part (restrictions on 

relaxing enforceable emission limitations that the major stationary source used to 

avoid applicability of the major NSR program).

XV.A.3. Except as provided under Section XV.A.2.c. above, a major stationary source shall 

continue to comply with all applicable Federal or State requirements, emission limitations, 

and work practice requirements that were established prior to the effective date of the 

PAL.

XV.B. Permit application requirements.

As part of a permit application requesting a PAL, the owner or operator of a major stationary 

source shall submit the following information to the Division for approval (in addition to the 

information required by Part C of this Regulation):

XV.B.1. A list of all emissions units at the source designated as small (as defined in Section 

II.A.45. of this part), significant (as defined in Section II.A.44. of this part), and major (as 

defined in Section II.A.21. of this part) based on their potential to emit, and identifying 

each as such. In addition, the owner or operator of the source shall indicate which, if any, 

Federal or State applicable requirements, emission limitations or work practices apply to 

each unit. 

XV.B.2. Calculations of the baseline actual emissions for each emissions unit listed in Section 

XV.B.1. above (with supporting documentation). Baseline actual emissions are to include 

emissions associated not only with operation of the unit, but also emissions associated 

with startup, shutdown and malfunction.

XV.B.3. The calculation procedures that the major stationary source owner or operator proposes 

to use to convert the monitoring data to monthly emissions and annual emissions based 

on a twelve-month rolling total for each month as required by Section XV.M.1.

XV.C. General requirements for establishing PALs.

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XV.C.1. A PAL may be established at a major stationary source, provided that, at a minimum, the 

requirements in Sections XV.C.1.a. through XV.C.1.g. below are met.

XV.C.1.a. The PAL shall impose an annual emission limitation in tons per year that is 

enforceable as a practical matter, for the entire major stationary source. For each 

month during the PAL effective period after the first twelve months of establishing 

a PAL, the major stationary source owner or operator shall demonstrate that the 

sum of the monthly emissions of the PAL pollutant from each emissions unit 

under the PAL for the previous twelve consecutive months is less than the PAL 

(a rolling twelve-month total). For each month during the first eleven months from 

the PAL effective date, the major stationary source owner or operator shall 

demonstrate that the sum of the preceding monthly emissions of the PAL 

pollutant for each emissions unit under the PAL is less than the PAL.

XV.C.1.b. The PAL shall be established in a PAL permit section of an operating permit 

issued pursuant to Part C of this regulation that meets the public participation 

requirements in Section XV.D.

XV.C.1.c. The PAL permit shall contain all the requirements of Section XV.F.

XV.C.1.d. The PAL shall include fugitive emissions, to the extent quantifiable, from all 

emissions units that emit or have the potential to emit the PAL pollutant at the 

major stationary source.

XV.C.1.e. Each PAL shall regulate emissions of only one pollutant.

XV.C.1.f. Each PAL shall have a PAL effective period of ten years.

XV.C.1.g. The owner or operator of the major stationary source with a PAL shall comply 

with the monitoring, recordkeeping, and reporting requirements provided in 

Sections XV.K. through XV.N. for each emissions unit under the PAL throughout 

the PAL effective period.

XV.C.2. At no time (during or after the PAL effective period) are emissions reductions of a PAL 

pollutant, which occur during the PAL effective period, creditable as decreases for 

purposes of offsets under Section V. unless the level of the PAL is reduced by the 

amount of such emissions reductions and such reductions would be creditable in the 

absence of the PAL.

XV.D. Public participation requirement for PALs. 

PALs for existing major stationary sources shall be established, renewed, or increased in 

accordance with the significant modification provisions set forth in Section I.A.7.of Part C of this 

regulation. The Division shall provide the public with notice of the proposed approval of a PAL 

permit and a thirty-day period for submittal of public comment. 

XV.E. Setting the ten-year actuals PAL level. 

XV.E.1. The actuals PAL level for a major stationary source shall be established as the sum of 

the baseline actual emissions (as defined in Section II.A.4. of this Part D) of the PAL 

pollutant for each emissions unit at the source, plus an amount equal to the applicable 

significant level for the PAL pollutant under Section II.A.42. of this part, or under the 

Federal Act, whichever is lower. 

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XV.E.2. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 

twenty-four month period may be used to determine the baseline actual emissions for all 

existing emissions units. However, a different consecutive twenty-four month period may 

be used for each different PAL pollutant. 

XV.E.3. Emissions associated with units that were permanently shutdown after this twenty-four 

month period must be subtracted from the PAL level. 

XV.E.4. For newly constructed units (which do not include modifications to existing units) on 

which actual construction began after the twenty-four month period, in lieu of adding the 

baseline actual emissions as specified in Section XV.E.1., above, the emissions must be 

added to the PAL level in an amount equal to the potential to emit of the units.

XV.E.5. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become 

effective on the future compliance date(s) of any applicable Federal or State regulatory 

requirement(s) that the Division is aware of prior to issuance of the PAL permit. For 

instance, if the source owner or operator will be required to reduce emissions from 

industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 

ppm, then the permit shall contain a future effective PAL level that is equal to the current 

PAL level reduced by half of the original baseline emissions of such unit(s).

XV.F. Contents of the PAL permit.

The PAL permit shall contain, at a minimum, the information in Sections XV.F.1. through XV.F.10. 

XV.F.1. The PAL pollutant and the applicable source-wide emission limitation in tons per year.

XV.F.2. The PAL permit effective date and the expiration date of the PAL (PAL effective period).

XV.F.3. Specification in the PAL permit that if a major stationary source owner or operator applies 

to renew a PAL in accordance with Section XV.I. before the end of the PAL effective 

period, then the PAL shall not expire at the end of the PAL effective period. It shall 

remain in effect until a revised PAL permit is issued by the Division.

XV.F.4. A requirement that emission calculations for compliance determination purposes include 

emissions from startups, shutdowns and malfunctions.

XV.F.5. A requirement that, once the PAL expires, the major stationary source is subject to the 

requirements of Section XV.

XV.F.6. The calculation procedures that the major stationary source owner or operator shall use 

to convert the monitoring data to monthly emissions and annual emissions based on a 

twelve-month rolling total for each month as required by Section XV.

XV.F.7. A requirement that the major stationary source owner or operator monitors all emissions 

units in accordance with the provisions under Section XV.

XV.F.8. A requirement to retain the records required under Section XV. on site. Such records may 

be retained in an electronic format.

XV.F.9. A requirement to submit the reports required under Section XV. by the required 

deadlines.

XV.F.10. Any other requirements that the Division deems necessary to implement and enforce 

the PAL.

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XV.G. Reopening of the PAL permit.

XV.G.1. During the PAL effective period, the Division shall reopen the PAL permit to:

XV.G.1.a. Correct typographical/calculation errors made in setting the PAL or reflect a 

more accurate determination of emissions used to establish the PAL.

XV.G.1.b. Reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offsets under Section V.A.3. of this 

Part D.

XV.G.1.c. Revise the PAL to reflect an increase in the PAL as provided under Section 

XV.J.

XV.G.2. The Division has discretion to reopen the PAL permit to:

XV.G.2.a. Reduce the PAL to reflect newly applicable Federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date.

XV.G.2.b. Reduce the PAL consistent with any other requirement, that is enforceable as 

a practical matter, and that the Division may impose on the major stationary 

source.

XV.G.2.c. Reduce the PAL if the Division determines that a reduction is necessary to 

avoid causing or contributing to a NAAQS or PSD increment violation, or to an 

adverse impact on an air quality related value that has been identified for a 

Federal Class I area by a Federal Land Manager and for which information is 

available to the general public.

XV.G.3. Except for the permit reopening in Section XV.G.1.a. for the correction of 

typographical/calculation errors that do not increase the PAL level, all other reopenings 

shall be carried out in accordance with the public participation requirements of Section 

XV.D.

XV.H. Expiration of a PAL. 

Any PAL that is not renewed in accordance with the procedures in Section XV.I. shall expire at 

the end of the PAL effective period, and the requirements in Sections XV.H.1. through XV.H.5. 

shall apply.

XV.H.1. Each emissions unit (or each group of emissions units) that existed under the PAL shall 

comply with an allowable emission limitation under a revised permit established 

according to the procedures in Sections XV.H.1. through XV.H.5. of this part.

XV.H.1.a. Within the time frame specified for PAL renewals in Section XV.I.2., the major 

stationary source shall submit a proposed allowable emission limitation for each 

emissions unit (or each group of emissions units, if such a distribution is more 

appropriate as determined by the Division) by distributing the PAL allowable 

emissions for the major stationary source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an applicable 

requirement that became effective during the PAL effective period, as required 

under Section XV.I.5., such distribution shall be made as if the PAL had been 

adjusted.

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XV.H.1.b. The Division shall determine whether and how the PAL allowable emissions 

will be distributed and issue a revised permit incorporating allowable limits for 

each emissions unit, or each group of emissions units, as the Division 

determines is appropriate.

XV.H.2. Each emissions unit(s) shall comply with the allowable emission limitation on a twelvemonth rolling total basis. The Division may approve the use of monitoring systems 

(source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to 

demonstrate compliance with the allowable emission limitation.

XV.H.3. Until the Division issues the revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as required under Section XV.H.1.a., 

the source shall continue to comply with a source-wide, multi-unit emissions cap 

equivalent to the level of the PAL emission limitation.

XV.H.4. Any physical change or change in the method of operation at the major stationary source 

will be subject to the major NSR requirements if such change meets the definition of 

major modification in Section II.A.22. of this Part D.

XV.H.5. The major stationary source owner or operator shall continue to comply with any State or 

Federal applicable requirements that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had 

been established pursuant to Sections V.A.7.b. and VI.B.4. of this part, but were 

eliminated by the PAL in accordance with the provisions in Section XV.A.2.c.

XV.I. Renewal of a PAL.

XV.I.1. The Division shall follow the procedures specified in Section XV.D. in approving any 

request to renew a PAL for a major stationary source, and shall provide both the 

proposed PAL level and a written rationale for the proposed PAL level to the public for 

review and comment. During such public review, any person may propose a PAL level 

for the source for consideration by the Division.

XV.I.2. Application deadline. 

A major stationary source owner or operator shall submit a timely application to the Division to 

request renewal of a PAL. A timely application is one that is submitted at least twelve months 

prior to, but not earlier than eighteen months from, the date of PAL permit expiration. This 

deadline for application submittal is to ensure that the permit will not expire before the permit is 

renewed. If the owner or operator of a major stationary source submits a complete application , 

including any additional information requested by the Division, to renew the PAL within this time 

period, then the PAL shall continue to be effective until the revised permit with the renewed PAL 

is issued.

XV.I.3. Application requirements. 

The application to renew a PAL permit shall contain the information required in Sections XV.I.3.a. 

through XV.I.3.d., below.

XV.I.3.a. The information required in Sections XV.B.1. through XV.B.3. of this part.

XV.I.3.b. A proposed PAL level.

XV.I.3.c. The sum of the potential to emit of all emissions units under the PAL (with 

supporting documentation).

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XV.I.3.d. Any other information the owner or operator wishes the Division to consider in 

determining the appropriate level for renewing the PAL.

XV.I.4. PAL adjustment. 

In determining whether and how to adjust the PAL, the Division shall consider the options outlined 

in Sections XV.I.4.a. and XV.I.4.b. However, in no case may any such adjustment fail to comply 

with Section XV.I.4.c.

XV.I.4.a. If the emissions level calculated in accordance with Section XV.E. is equal to or 

greater than eighty percent of the PAL level, the Division may renew the PAL at 

the same level without considering the factors set forth in Section XV.I.4.b.; or 

XV.I.4.b. The Division may set the PAL at a level that it determines to be more 

representative of the source's baseline actual emissions, or that it determines to 

be appropriate considering air quality needs, advances in control technology, 

anticipated economic growth in the area, desire to reward or encourage the 

source's voluntary emissions reductions, or other factors as specifically identified 

by the Division in its preliminary analysis or technical review document.

XV.I.4.c. Notwithstanding Sections XV.I.4.a. and XV.I.4.b. above,

XV.I.4.c.(i) If the potential to emit of the major stationary source is less than the 

PAL, the Division shall adjust the PAL to a level no greater than the 

potential to emit of the source; and

XV.I.4.c.(ii) The Division shall not approve a renewed PAL level higher than the 

current PAL, unless the major stationary source has complied with the 

provisions of Section XV.J. (increasing a PAL).

XV.I.5. If the compliance date for a State or Federal requirement that applies to the PAL source 

occurs during the PAL effective period, and if the Division has not already adjusted for 

such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V 

permit renewal, whichever occurs first.

XV.J. Increasing a PAL during the PAL effective period.

XV.J.1. The Division may increase a PAL emission limitation only if the major stationary source 

complies with the provisions in Sections XV.J.1.a. through XV.J.1.d. below.

XV.J.1.a. The owner or operator of the major stationary source shall submit a complete 

application to request an increase in the PAL limit for a PAL major modification. 

Such application shall identify the emissions unit(s) contributing to the increase in 

emissions so as to cause the major stationary source's emissions to equal or 

exceed its PAL.

XV.J.1.b. As part of this application, the major stationary source owner or operator shall 

demonstrate that the sum of the baseline actual emissions of the small emissions 

units, plus the sum of the baseline actual emissions of the significant and major 

emissions units assuming application of BACT equivalent controls, plus the sum 

of the allowable emissions of the new or modified emissions unit(s) exceeds the 

PAL. The level of control that would result from BACT equivalent controls on 

each significant or major emissions unit shall be determined by conducting a new 

BACT analysis at the time the application is submitted, unless the emissions unit 

is currently required to comply with a BACT or LAER requirement that was 

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established within the preceding ten years. In such a case, the assumed control 

level for that emissions unit shall be equal to the level of BACT or LAER with 

which that emissions unit must currently comply.

XV.J.1.c. The owner or operator obtains a major NSR permit for all emissions unit(s) 

identified in Section XV.J.1.a., regardless of the magnitude of the emissions 

increase resulting from them (that is, no significant levels apply). These 

emissions unit(s) shall comply with any emissions requirements resulting from 

the major NSR process (for example, BACT or LAER), even though they have 

also become subject to the PAL or continue to be subject to the PAL. 

XV.J.1.d. The PAL permit shall require that the increased PAL level shall be effective on 

the day any emissions unit that is part of the PAL major modification becomes 

operational and begins to emit the PAL pollutant.

XV.J.2. The Division shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the 

significant and major emissions units (assuming application of BACT equivalent controls 

as determined in accordance with Section XV.J.1.b.), plus the sum of the baseline actual 

emissions of the small emissions units.

XV.J.3. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public 

notice requirements of Section XV.D. of this part.

XV.K. Monitoring requirements for PALs.

XV.K.1. General Requirements.

XV.K.1.a. Each PAL permit shall contain enforceable requirements for the monitoring 

system that accurately determines plant-wide emissions of the PAL pollutant in 

terms of mass per unit of time. Any monitoring system authorized for use in the 

PAL permit must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. Additionally, the 

information generated by such system must meet minimum legal requirements 

for admissibility in a judicial proceeding to enforce the PAL permit.

XV.K.1.b. The PAL monitoring system must employ one or more of the four general 

monitoring approaches meeting the minimum requirements set forth in Sections 

XV.K.2.a. through XV.K.2.d. and must be approved by the Division.

XV.K.1.c. Notwithstanding Section XV.K.1.b., you may also employ an alternative 

monitoring approach that meets the requirements of Section XV.K.1.a. if 

approved by the Division.

XV.K.1.d. Failure to use a monitoring system that meets the requirements of this Section 

renders the PAL invalid.

XV.K.2. Minimum Performance Requirements for Approved Monitoring Approaches. 

The following are acceptable general monitoring approaches when conducted in accordance with 

the minimum requirements in Sections XV.K.3. through XV.K.9:

XV.K.2.a. Mass balance calculations for activities using coatings or solvents;

XV.K.2.b. CEMS (as defined in Section I.B.14. of Part A);

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XV.K.2.c. CPMS or PEMS (as defined in Sections I.B.16. and I.B.38., respectively, of 

Part A); and

XV.K.2.d. Published, verifiable emission factors

XV.K.3. Mass Balance Calculations. 

An owner or operator using mass balance calculations to monitor PAL pollutant emissions from 

activities using coating or solvents shall meet the following requirements:

XV.K.3.a. Provide a demonstrated means of validating the published content of the PAL 

pollutant that is contained in or created by all materials used in or at the 

emissions unit;

XV.K.3.b. Assume that the emissions unit emits all of the PAL pollutant that is contained 

in or created by any raw material or fuel used in or at the emissions unit, if it 

cannot otherwise be accounted for in the process; and

XV.K.3.c. Where the vendor of a material or fuel, which is used in or at the emissions 

unit, publishes a range of pollutant content from such material, the owner or 

operator must use the highest value of the range to calculate the PAL pollutant 

emissions unless the Division determines there is site-specific data or a sitespecific monitoring program to support another content within the range.

XV.K.4. CEMS.

An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following 

requirements:

XV.K.4.a. CEMS must comply with applicable Performance Specifications found in the 

Code of Federal Regulations Title 40, Part 60, Appendix B, and Part 75; and

XV.K.4.b. CEMS must sample, analyze and record data at least every fifteen minutes 

while the emissions unit is operating.

XV.K.5. CPMS or PEMS.

An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the 

following requirements:

XV.K.5.a. The CPMS or the PEMS must be based on current site specific data 

demonstrating a correlation between the monitored parameter(s) and the PAL 

pollutant emissions across the range of operation of the emissions unit; and

XV.K.5.b. Each CPMS or PEMS must sample, analyze, and record data at least every 

fifteen minutes, or at another less frequent interval approved by the Division, 

while the emissions unit is operating.

XV.K.6. Emission factors. 

An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the 

following requirements: 

XV.K.6.a. All emission factors shall be adjusted, if appropriate, to account for the degree 

of uncertainty or limitations in the factors' development;

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Regulation Number 3

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XV.K.6.b. The emissions unit shall operate within the designated range of use for the 

emission factor, if applicable; and 

XV.K.6.c. If technically practicable, the owner or operator of a significant emissions unit 

that relies on an emission factor to calculate PAL pollutant emissions shall 

conduct validation testing to determine a site-specific emission factor within six 

months of PAL permit issuance, unless the Division determines that testing is not 

required.

XV.K.7. A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions 

unit during any period of time that there is no monitoring data, unless another method for 

determining emissions during such periods is specified in the PAL permit.

XV.K.8. Notwithstanding the requirements in Sections XV.K.3. through XV.K.7., where an owner 

or operator of an emissions unit cannot demonstrate a correlation between the monitored 

parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions 

unit, the Division shall, at the time of permit issuance:

XV.K.8.a. Establish default value(s) for determining compliance with the PAL based on 

the highest potential emissions reasonably estimated at such operating point(s); 

or

XV.K.8.b. Determine that operation of the emissions unit during operating conditions 

when there is no correlation between monitored parameter(s) and the PAL 

pollutant emissions is a violation of the PAL.

XV.L. Re-validation. 

All data used to establish the PAL pollutant must be re-validated through performance testing or 

other scientifically valid means approved by the Division. Such testing must occur at least once 

every five years after issuance of the PAL.

XV.M. Recordkeeping requirements.

XV.M.1. The PAL permit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of Section XV. of this part and 

of the PAL, including a determination of each emissions unit's twelve-month rolling total 

emissions, for five years from the date of such record. 

XV.M.2. The PAL permit shall require an owner or operator to retain a copy of the following 

records for the duration of the PAL effective period plus five years:

XV.M.2.a. A copy of the PAL permit application and any applications for revisions to the 

PAL; and

XV.M.2.b. Each annual certification of compliance pursuant to Part C of this regulation, 

and the data relied on in certifying the compliance.

XV.N. Reporting and notification requirements.

The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports 

to the Division in accordance with the requirements of the applicable Title V permit and Section 

V.C.7. of Part C of this regulation. The reports shall meet the requirements in Sections XV.K.11.a. 

through XV.K.11.c. below. 

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Regulation Number 3

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XV.N.1. Semi-Annual Report. 

The semi-annual report shall be submitted to the Division within thirty days of the end of each 

reporting period. This report shall contain the information required by the Title V permit, Section 

V.C.7.a. of Part C of this regulation, and Sections XV.N.1.a. through XV.N.1.g., below.

XV.N.1.a. The identification of owner and operator and the permit number.

XV.N.1.b. Total annual emissions (tons/year) based on a twelve-month rolling total for 

each month in the reporting period recorded pursuant to Section XV.K.10.a.

XV.N.1.c. All data relied upon, including, but not limited to, any Quality Assurance or 

Quality Control data, in calculating the monthly and annual PAL pollutant 

emissions shall be made available upon request by the Division.

XV.N.1.d. A list of any emissions units modified or added to the major stationary source 

during the preceding six-month period.

XV.N.1.e. The number, duration, and cause of any deviations or monitoring malfunctions 

(other than the time associated with zero and span calibration checks), and any 

corrective action taken.

XV.N.1.f. A notification of a shutdown of any monitoring system, whether the shutdown 

was permanent or temporary, the reason for the shutdown, the anticipated date 

that the monitoring system will be fully operational or replaced with another 

monitoring system, whether the emissions unit(s) monitored by the monitoring 

system continued to operate, and calculations of emissions from those units as 

provided by Section XV.K.7. of this part.

XV.N.1.g. A signed statement by the responsible official (as defined in Section I.B.40. of 

Part A of this regulation) certifying the truth, accuracy, and completeness of the 

information provided in the report.

XV.N.2. Deviation report.

The major stationary source owner or operator shall promptly submit reports of any deviations or 

exceedance of the PAL requirements, including periods where no monitoring is available. A report 

submitted pursuant to Section V.C.7.b. of Part C of this regulation shall satisfy this reporting 

requirement. The deviation reports shall be submitted within the time limits prescribed by Section 

V.C.7.b. of Part C. The reports shall contain the following information: 

XV.N.2.a. The identification of owner and operator and the permit number;

XV.N.2.b. The PAL requirement that experienced the deviation or that was exceeded;

XV.N.2.c. Emissions resulting from the deviation or the exceedance; and

XV.N.2.d. A signed statement by the responsible official (as defined in Section I.B.40. of 

Part A of this regulation) certifying the truth, accuracy, and completeness of the 

information provided in the report.

XV.N.3. Re-validation results 

The owner or operator shall submit to the Division the results of any revalidation test or method 

within three months after completion of such test or method.

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Regulation Number 3

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XV.O. If any provision of this Section, or the application of such provision to any person or circumstance, 

is held invalid, the remainder of this Section, or the application of such provision to persons or 

circumstances other than those as to which it is held invalid, shall not be affected thereby.

>>>

PART F REGIONAL HAZE LIMITS - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) 

AND REASONABLE PROGRESS (RP) 

The provisions of Section VI (Regional Haze Determinations) and VII (MRR) of Regulation 3, Part F shall 

be incorporated into Colorado’s Regional Haze State Implementation Plan. All other Sections of 

Regulation 3, Part F are State-Only. 

The provisions of Part 51, Appendix Y, Title 40, of the Code of Federal Regulations (CFR), promulgated 

by the U.S. Environmental Protection Agency listed in this Section are hereby incorporated by reference 

by the Air Quality Control Commission and made a part of the Colorado Air Quality Control Commission 

Regulations as modified by the following Regulation Number 3, Part F. Materials incorporated by 

reference are those in existence as July 6, 2005 and do not include later amendments. The material 

incorporated by reference is available for public inspection during regular business hours at the Office of 

the Commission, located at 4300 Cherry Creek Drive South, Denver, Colorado 80246, or may be 

examined at any state publications depository library. The material incorporated by reference is also 

available through the United States Government Printing Office, online at www.gpo.gov/fdsys. Parties 

wishing to inspect these materials should contact the Technical Secretary of the Commission, located at 

the Office of the Commission.

I. Applicability

The provisions of this regulation apply to existing stationary facilities (BART eligible sources), as defined 

in Section II.I. of this regulation, as well as to Reasonable Progress (RP) sources.

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Colorado Air Quality Control Commission

Meeting Minutes

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

John W. Hickenlooper, Governor

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

COLORADOAIR QUALITY CONTROL COMMISSION

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

4300 Cherry Creek Drive South

OED-OLRA-A5

Denver, Colorado 80246-1530

Phone (303) 692-3100

Fax (303) 691-7702

TDD (303) 691-7700

Colorado Department

of Public Health 

and Environment

Colorado Air Quality Control Commission

December 20, 2012

Colorado Department of Public Health & Environment

4300 Cherry Creek Drive South, Sabin Room

Denver, Colorado

MEETING MINUTES

Location: Colorado Department of Public Health & Environment

4300 Cherry Creek Drive South, Sabin Room

Denver, CO 80246

Members Present: Barbara Roberts (Chair) John Clouse

John Loewy (Vice Chair) David Brown

Ashley Campsie Jim Wilson

Teresa Coons (teleconference)

Members Absent: Laura Teague (Secretary) Saeed Barhaghi

Commission Staff: Mike Silverstein Theresa Martin

Division Staff: Will Allison Garry Kaufman Kirsten King

Doug Decker Gordon Pierce Dena Wojtach

Stefanie Rucker Leah Martland Curt Taipale

Pat McLaughlin

Attorney General’s Office: Andrea Gelfuso-Goetz, Erin Overturf, Clay Clarke

______________________________________________________________________________

CALL TO ORDER AND DETERMINATION OF A QUORUM

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

Commissioners was present with seven Commissioners.

PUBLIC COMMENT

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

any air pollution issue not on the agenda. There were none.
2

APPROVAL OF MEETING MINUTES FOR OCTOBER 18, 2012

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

no modifications. 

Motion: To approve the October 18, 2012 Meeting Minutes

Moved: Commissioner Clouse

Second: Commissioner Campsie

Discussion: none

Carried: 7-0

CONSENT AGENDA

REQUEST FOR PUBLIC HEARING – FEBRUARY 21, 2013

• Set a public hearing to consider the National Park Service’s revised significant user 

prescribed fire planning document.

• Set a public hearing to consider transportation conformity determinations for DRCOG’s 

2035 Regional Transportation Plan and Transportation Improvement Program. This 

conformity determination has been determined to be “non-routine” because there are 

several regional transit projects proposed for removal from the 2035 Plan and revisions of 

high occupancy vehicle lane usage rules are being proposed; these plan revisions 

necessitate the Commission’s consideration in accordance with Regulation Number 10. 

REQUEST FOR WRITTEN COMMENT ONLY RULEMAKING HEARINGS – MARCH 21, 2013

• Set a written comment only rulemaking hearing to consider revisions to the 

Commission’s Procedural Rules. The proposed revisions would eliminate or update 

obsolete provisions, delete duplicate language, and improve their “readability” so that the 

rules can be more easily understood by the general public. A redline version will be made 

available to the Commissioners in the mailing packet and to the public via the 

Commission’s website.

RULEMAKING HEARINGS

• Consider proposed changes to the Lamar PM10 Maintenance Plan. This is the second of 

the 10-year plans required by the Clean Air Act. Additionally, a change to the “Air 

Quality Standards – Air Quality Standards, Designations and Emission Budgets” 

regulation is proposed to update the PM10 emission budget for the Lamar area.

• Consider proposed changes to Regulation 3, Parts A, B, C and D that will correct and 

clarify existing provisions to ensure consistency with federal regulations and Colorado’s 

implementation of these rules.

Motion: To adopt the Consent Agenda items as proposed by the Division

Moved: Commissioner Wilson

Second: Commissioner Brown

Discussion: none

Carried: 7-0
3

REGULAR AGENDA

REQUEST FOR RULEMAKING HEARINGS – MARCH 21, 2013

Regulation Number 6, Part B

At 9:04 AM Stefanie Rucker of the Division requested that the Commission set a rulemaking 

hearing to consider proposed changes to Regulation Number 6, Part B, Section I.B. specific to 

relocation of newer engines into Colorado from outside of Colorado. The Division will research 

the number of engines that this rule revision might impact. The Notice of Rulemaking Hearing 

will allow for the consideration of relocating larger engines (greater that 500 hp) into the state 

based on data obtained through the pre-hearing process.

Motion: To set Regulation Number 6, Part B as proposed by the Division for hearing

on March 21, 2013

Moved: Commissioner Wilson

Second: Commissioner Brown

Discussion: none

Carried: 7-0

RULEMAKING HEARINGS

Regulation Number 7

At 9:14 AM The Commission considered proposed changes presented by Stefanie Rucker of the 

Division to Regulation 7 to address regulatory provisions for oil and gas operations that EPA did 

not approve for inclusion into Colorado’s State Implementation Plan (SIP). The Division noted 

that that the initial proposal was narrowed to just address EPA SIP deficiencies. The more 

significant revisions: 1) remove the sunset date for the system-wide condensate storage tank 

control requirement applicable in the Denver/North Front Range ozone nonattainment area, 2) 

clarify that federally enforceable monitoring requirements cannot be replaced by state-only 

options, and 3) clarify that the first 90 day controls on condensate tanks are state-only 

requirements. Rucker noted that the Colorado Oil and Gas Association (COGA) had provided 

comments on December 14, 2012; an erratum containing additional rule language revisions was 

provided based on the COGA comments that Division concurred with. The tardiness of the 

COGA comments called out by the Chair. Additional COGA comments would be considered 

for possible future action 

Motion: To adopt Regulation Number 7 revisions as proposed by the Division

Moved: Commissioner Coons

Second: Commissioner Campsie

Discussion: None

Carried: 7-0
4

Regulation Number 11

At 9:28 AM the Commission considered modifications to Regulation 11, Motor Vehicle 

Emissions Inspection Program by Doug Decker and Garry Kaufman of the Division that would 

take effect in January 2015. An overview of the rule revisions, program emission reduction 

benefits, implementation issues, public comments and the recent legislative audit were discussed.

Significant proposed program changes include increasing model year exemptions from four to 

seven model years and implementing and on-board diagnostics testing program for model years’ 

eight through eleven. 

Motion: To adopt Regulation Number 11 revisions as proposed by the Division

Moved: Commissioner Wilson

Second: Commissioner Clouse

Discussion: None

Carried: 7-0

BRIEFINGS, DISCUSSIONS AND REPORTS

Regulation Number 9: Annual Update

At 10: 22 AM Gordon Pierce and Pat McLaughlin of the Division provided an annual update to 

the Commission on the projected costs for the Smoke Management Program. The regulatory five 

percent cost increase threshold was not triggered and, thus, no fee increase is necessary. The 

necessity of an annual update was questioned and the Division may consider a legislative change 

to remove this requirement.

Commissioner Informational Discussions

Coons noted that she sits on an advisory committee with National Jewish Hospital and 

recommended that a NJH study on air pollution impacts on pediatric health, particularly asthma, 

be presented to the Commission Coons will provide Martin with the contact information.

Division Director’s Report – Will Allison

• Overview of the upcoming legislative initiatives was presented. Likely legislation will 

touch on: nutrients (water quality), waste tire disposal, heavy duty diesel program, oil and 

gas, and the inspection maintenance program.

• EPA finalized a new PM2.5 standard with a lower annual standard of 12 micrograms per 

cubic meter (from 15 ug/m3). The controversial secondary standard addressing urban 

visibility was deferred.

• The Division’s oil and gas stakeholder process to address the remaining portions of NSPS 

0000 not adopted by the Commission and other O&G emission issues to begin in January 

2013 for a potential November 2013 rulemaking hearing.
5

Attorney General’s Report – Andrea Gelfuso-Goetz

• Wild Earth Guardians is suing the state regarding a Lamar power plant permit related the 

applicability of MACT standards.

• CMA versus Urbina: CMA is suing the Commission over the AQCC’s implementation of 

the Clean Air Clean Jobs Act. CMA’s brief is due to the Court of Appeals on December 

26; our Answer brief is due January 30th. WEG also filed an unusual request (a Rule 50 

Petition) for the Colorado Supreme Court to review the case even though the case is 

already at the Court of Appeals.

Administrator’s Report – Mike Silverstein

• EPA’s Regional Haze SIP approval should be published by the end of the year.

• Reviewed February agenda items and noted that there will not be a meeting in January.

• Review of Action Items from today’s meeting: Commissioner Coons to provide Martin 

with NJH pediatric asthma study contact information; Division to investigate removing 

the statutory requirement for the Reg. 9 program costs annual briefing.

Adjourn at 11:10 AM
Legal Opinion of the Colorado State Attorney General

40 CFR Part 51 Appendix V 2.1(c) and (e)
AGOpinion

http://www.sos.state.co.us/CCR/Opinion.do?forview=true&trackingNum=2012-00862[1/2/2013 12:33:27 PM]

JOHN W. SUTHERS

Attorney General

CYNTHIA H. COFFMAN

Chief Deputy Attorney

General

DANIEL D. DOMENICO 

Solicitor General

STATE OF COLORADO

DEPARTMENT OF LAW

OFFICE OF THE ATTORNEY GENERAL

STATE SERVICES BUILDING

1525 Sherman Street - 7th Floor

Denver, Colorado 80203

Phone (303) 866-4500 

Fax (303) 866-5691

Tracking Number: 2012-00862

OPINION OF THE ATTORNEY GENERAL RENDERED IN

CONNECTION WITH THE RULES ADOPTED BY THE

Air Quality Control Commission

ON 12/20/2012

5 CCR 1001-5

REGULATION No. 3 STATIONARY SOURCE PERMITTING AND AIR POLLUTANT

EMISSION NOTICE REQUIREMENTS

 

The above-referenced rules were submitted to this office on 12/21/2012 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.

 

January 02, 2013 12:01:52 MST

JOHN W. SUTHERS

Attorney General

by DANIEL D. DOMENICO

Solicitor General
Regulation or Regulation Revisions as Published in the 

Colorado Code of Regulations

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

40 CFR Part 51 Appendix V 2.1(b)
DEPARTMENT OF PUBLIC HEALTH 

AND ENVIRONMENT 

AIR QUALITY CONTROL COMMISSION 

REGULATION NUMBER 3 

STATIONARY SOURCE PERMITTING AND AIR 

POLLUTANT EMISSION NOTICE REQUIREMENTS 

5 CCR 1001-5 

EDITOR'S NOTES* 

Authority Cited: 

See Part G 

History and Amendments: 

Amended 01/12/78, 1 CR 2. Repealed and readopted 12/14/78, 2 CR 1. Pp. 7-8.01 adopted as an emergency 

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

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

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

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

CR 7. Pp. 1-58 adopted 03/19/87, EFFECTIVE 04/30/87, 10 CR 4. Pp. 59-63 adopted 11/19/87, EFFECTIVE 

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

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

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

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

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

74 adopted as emergency regulation 01/18/90, 13 CR 2. Pp. 1-78 adopted 05/17/90, EFFECTIVE 06/30/90, 13 

CR 6. Pp. 1-75 adopted 10/17/91, EFFECTIVE 11/30/91, 14 CR 11. 

A.G. Opinions: 

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

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

176; 14 AG 360; 

Annotations: 

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

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

issue section II.H.1 of Air Pollution Control Commission Regulation No. 3 (5 CCR 1001-5) governing the 

issuance of air contaminant emission permits. 

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

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

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

Use the CCR. 

©2011 State of Colorado 

All Rights Reserved. (800) 833-9844 
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, EFFECTIVE 10/15/92, 15 CR 11. Pp. 1-75 adopted 11/19/92, EFFECTIVE 12/30/92, 15 CR 12. Pp. 

1-142 adopted 06/22/93, EFFECTIVE 08/30/93, 16 CR 8. Pp. 1-236 adopted 07/15/93, EFFECTIVE 09/30/93, 

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

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

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

adopted 10/20/94, EFFECTIVE 12/30/94, 17 CR 12. Pp. 25-27, 39-43, 125-126, 128-128.02 adopted 11/17/94, 

EFFECTIVE 01/30/95, 18 CR 1. Pp. 73, 80-81 adopted as emergency regulation 12/15/94, EFFECTIVE 

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

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

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

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

96-98 adopted 12/21/95, EFFECTIVE 03/01/96, 19 CR 2. Pp. 44-45 adopted 02/15/96, EFFECTIVE 04/30/96, 

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

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

adopted 06/20/96, 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 11/21/96, EFFECTIVE 01/30/97, 20 CR 1. Pp. 119-157, 227-229 adopted 

11/18/99, EFFECTIVE 01/30/00, 23 CR 1. Pp. 118.01-118.02 adopted 11/15/01, EFFECTIVE 12/30/01, 24 CR 

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

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

03/21/03, EFFECTIVE 04/30/03, 26 CR 4. Adopted 03/12/04, EFFECTIVE 05/30/04, 27 CR 5. Regulation No. 

3 Adopted 04/16/04, EFFECTIVE 06/30/04, 27 CR 6. Part B adopted by technical correction, 27 CR 12. Part 

A, Part B, Part C, Part D, Part F adopted 12/16/04, EFFECTIVE 03/02/05, 28 CR 2. Parts A to F adopted 

7/21/05, EFFECTIVE 10/02/05, 28 CR 9. Pp 23-27, 35, 77, 111-183, 283-285 adopted 12/15/06, EFFECTIVE 

03/02/06, 29 CR 2. Regulation 3, Part B, Section III.0 adopted by technical correction; Regulation 3, Part G 

adopted 03/16/06, EFFECTIVE 05/30/06, 29 CR 5. Rule replaced in its entirety, adopted 08/17/06, 

EFFECTIVE 10/30/06, 29 CR 10. Rules VI.D.1. and I.LL. adopted 12/15/06, EFFECTIVE 03/04/07, 30 CR 2. 

Part A, Section I.A. and Part D adopted by technical correction, 30 CR 6. Rules VI.D.1 and I.MM adopted 

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

VI (entire section), I.NN adopted 12/21/07, EFFECTIVE 03/01/08, 31 CR 2. Rule replaced in its entirety, 

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

05/14/08, EFFECTIVE 06/30/08, 31 CR 6. Part A, Section VI.D.1, Part G, Section I.QQ adopted 09/18/08, 

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

12/12/08, EFFECTIVE 01/30/09; Part F, Sections VI.B and VI.C, Part G, Sections I.A., I.D.I and I.D.VI, I.RR, 

I.SS adopted 12/19/08, EFFECTIVE 01/30/09, 32 CR 1. Part E, Part F, Section VI.B. adopted by technical 

correction, 32 CR 8. Regulation replaced in its entirety adopted 10/21/10, EFFECTIVE 12/15/10, 33 CR 23. 

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

VI., VII., VII.E. [TN 2010-00856] adopted 01/07/11, EFFECTIVE 02/14/11, 34 CR 2. 

A.G. Opinions: 

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

17 AG 480; 18 AG 30; 18 AG 77; 18 AG 140; 18 AG 180; 18 AG 251; 18 AG 364; 19 AG 52; 19 AG 111; 19 

AG 125-126; 19 AG 236-237; 19 AG 380; 20 AG 19; 23 AG 8; 24 AG 363; 25 AG 120; 25 AG 312; 25 AG 

431; 26 AG 162; 27 AG 170; 27 AG 208; 28 AG 42; 28 AG 225; 29 AG 77-78; 29 AG 174; 29 AG Oct 1001-5; 

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

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

Annotations: 

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

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

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

5 CCR 1001-5 Page 2 
EDITOR'S NOTES (continued) 

History and Amendments: 

Part A, Sections I.B.17, I.B.28.c., I.B.31.c., I.B.31.d., I.B.44.b.(i), I.B.44.e.(ii)(B), II.C.2.b.(ii), II.D.1.q., 

II.D.1.ppp., II.D.1.sss. to II.D.1.uuu., II.D.1.xxx., II.D.1.dddd., II.D.1.ffff., Part B, Sections II.D.1.c., II.D.1.m., 

III.G.1., Part C, Sections I.A.7.j., II.E.3.nnn., II.E.3.sss., II.E.3.uuu., II.E.3.yyy., II.E.3.bbbb., X.A.5., XII.A.1., 

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.1., X.A.2., XIII.B., XIII.D., Part F, Sections I, III.A., V.A.2., VI.B.1., VI.C.1., Part G, Sections t.C., I.VV. 

[TN 2011-00486] adopted 10/20/11, EFFECTIVE 12/15/11, 34 CR 22. Part A, Sections I.B.7, I.B.14, I.B.15, 

I.B.16, I.B.28, I.B.31.d, I.B.38, I.B.43, II.D.1, II.D.1.dddd, V.I, VI.A, VI.B, Appendix B, Part B, Sections 

III.C.1.a, Part C, Sections I.A.7, XIV, Part D, Sections I, II, V.A.1-V.A.7, VI.A, VI.A.1, VI.A.3-VI.A.6, VI.B, 

XV, Part F, Section I, Part G, Section I.WW [TN 2012-00862] adopted 12/20/12, EFFECTIVE 02/15/13, 36 CR 

2. 

A.G. Opinions: 

34 AG Nov 1001-5; 36 AG Jan 1001-5 

Annotations: 

©2013 State of Colorado Page 3 5 CCR 1001-5 

All Rights Reserved. (800) 833-9844 
36 CR 1 and 2, 01-13 

TABLE OF CONTENTS 

Rule Title Pa2e 

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING 

AND PERMITTING 1 

APPENDIX A, Method for Determining De Minimis Levels for Non-Criteria 

Reportable Pollutants 51 

APPENDIX B, Non-criteria Reportable Pollutants (Sorted alphabetically by 

BIN) 52 

APPENDIX B, Non-criteria Reportable Pollutants (Sorted by CAS Number) 59 

PART B CONCERNING CONSTRUCTION PERMITS 66 

PART C CONCERNING OPERATING PERMITS 79 

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW 

AND PREVENTION OF SIGNIFICANT DETERIORATION 115 

PART E RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS 173 

PART F REGIONAL HAZE LIMITS - BEST AVAILABLE RETROFIT 

TECHNOLOGY (BART) AND REASONABLE PROGRESS (RP) 173 

PART G STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND 

PURPOSE 188.6 

2013 State of Colorado i 5 CCR 1001-5 

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201 3 State of Colorado 36 CR 1 and 2, 01 -13 Page 1 

All Rights Reserved 

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING 

I. Applicability 

I.A. The provisions of this Part A shall apply statewide to all sources of air pollutants except as 

otherwise provided herein. 

All sources of air pollutants that have previously obtained an emissions permit (prior to July 1, 1992) 

or a construction permit, and are subject only to the Part B Construction Permit Program, may choose 

to reapply for a new construction permit pursuant to Part B of this Regulation Number 3 in order to 

obtain the operational flexibility provided in Section IV. of this Part A, or to obtain federally 

enforceable limitations to limit the source's potential to emit ("synthetic minor"). Sources of air 

pollutants that are subject only to the Part B Construction Permit Program may voluntarily apply for an 

Operating Permit pursuant to Part C. 

Pursuant to Colorado Revised Statutes Section 24-4-103 (12.5), materials incorporated by reference 

are available for public inspection during normal business hours, or copies may be obtained at a 

reasonable cost from the Technical Secretary of the Air Quality Control Commission (the 

Commission), 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. The material 

incorporated by reference is also available through the United States Government Printing Office, 

online at www.qpo.qov/fdsys. Materials incorporated by reference are those editions in existence as 

of the date of this regulation as promulgated or revised by the Commission and references do not 

include later amendments to or editions of the incorporated materials. 

I.B. Definitions 

I.B.1. Administrative Permit Amendment. 

I.B.1.a. A permit revision that: 

I.B.1.a.(i) Corrects typographical errors; 

I.B.1.a.(ii) Identifies a change in the name, address, or phone number 

of any person identified in the permit, or provides a similar minor 

administrative change at the source; 

I.B.1.a.(iii) Requires more frequent monitoring or reporting by the 

permittee; 

I.B.1.a.(iv) Allows for a change in ownership or operational control of a 

source where the Division determines that no other change in the 

permit is necessary, provided that a written agreement containing a 

specific date for transfer of permit responsibility, coverage, and 

liability between the current and new permittee has been submitted 

to the Division; 

I.B.1.b. An administrative permit amendment for purposes of the acid rain portion of 

a permit shall be governed by regulations promulgated under Title IV of the 

Federal Act, found at Code of Federal Regulations Title 40, Part 72. 

l.B.2. Administrator 

The administrator of the U.S. Environmental Protection Agency (U.S. EPA). 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 2 

I.B.3. Adverse Environmental Effect 

As a term used in the context of regulating hazardous air pollutants, any significant and 

widespread adverse effect, that may reasonably be anticipated, to wildlife, aquatic life, or 

other natural resources, including adverse impacts on populations of endangered or 

threatened species or significant degradation of environmental quality over broad areas. 

I.B.4. Affected States 

All states whose air quality may be affected by issuance of an operating permit, operating 

permit modification, or operating permit renewal and that are contiguous to Colorado; and/or 

all states that are within fifty miles of a permitted source. 

l.B.5. Affected Unit 

A unit that is subject to any acid rain emissions reduction requirement or acid rain emissions 

limitation pursuant to Title IV of the Federal Act or regulations promulgated there under, in the 

Code of Federal Regulations Title 40, Part 72. 

I.B.6. Air Pollutant 

Means carbon monoxide, nitrogen oxides, sulfur dioxide, PM10, PM2.5, total suspended 

particulates, ozone, volatile organic compounds, lead, all pollutants regulated under Section 

111 of the Federal Act (Regulation Number 6), all hazardous air pollutants, and all class I and 

class II ozone depleting compounds as defined and referenced in Section 602 of the Federal 

Act. 

I.B.7. Allowable Emissions 

The emissions rate of a stationary source calculated using the maximum rated capacity of the 

source (unless the source is subject to federally enforceable or enforceable as a practical 

matter, permit conditions that restrict the operating rate or hours of operation, or both) and 

the most stringent of the following: 

I.B.7.a. The applicable standards promulgated pursuant to the Federal Act for new 

source performance or hazardous air pollutants; 

I.B.7.b. The applicable Colorado Emission Control Regulation; or 

I.B.7.c. The emissions rate specified as a federally enforceable, or enforceable as a 

practical matter, permit condition, including those with a future compliance 

date. 

I.B.8. Annual Actual Emissions 

The actual rate of emissions of a pollutant, excluding excess emissions from a malfunction, or 

startups and shutdowns associated with a malfunction. Annual actual emissions shall be 

calculated using the source's actual operating rates, and types of materials processed, 

stored, or combusted during the calendar year. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
V) 2013 State of Colorado 36 CR 1 and 2, 01 - 13 Page 3 

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I.B.9. Applicable Requirement 

Means all of the following as they apply to emissions units in a source subject to operating 

permit requirements of this regulation (including requirements that have been promulgated or 

approved by the U.S. EPA through rulemaking at the time of permit issuance but have future 

effective compliance dates); 

l.B.9.a. Any term or condition of any construction permit issued pursuant to Part B of 

this Regulation Number 3, or any such term or condition as modified by 

procedures authorized by the operating permit program pursuant to Parts B 

and C of this Regulation, or any permit issued under Part C or Part D of the 

Federal Act, except that state-only permit terms or conditions shall remain 

enforceable solely pursuant to state law; 

l.B.9.b. Any standard or other requirement provided for in the state implementation 

plan; 

l.B.9.c. Any standard or other requirement under Section 111 of the Federal Act 

(New Source Performance Standards), including Section 111(d) of the 

Federal Act (Standards of Performance for existing sources) (Regulation 

Number 6); 

l.B.9.d. Any standard or other requirement under Section 112 of the Federal Act 

(hazardous air pollutants, including any requirement concerning accident 

prevention under Section 112(r)(7) of the Federal Act) (Regulation Number 8) 

but not including the contents of any risk management plan required under 

Section 112(r) of the Federal Act; 

I.B.9.e. Any requirements for monitoring and compliance assurance monitoring 

methods and procedures to ensure compliance with permit requirements, 

including periodic monitoring and testing, and compliance certifications, 

established pursuant to Sections 504(b) or 114(a)(3) of the Federal Act; 

l.B.9.f. Any standards or other requirement under the Code of Federal Regulations 

Title 40, Part 72 (acid deposition control); 

l.B.9.g. Any standard or other requirement governing solid waste incineration; 

l.B.9.h. Any standard or other requirement for consumer and commercial products; 

l.B.9.i. Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Federal Act, except where the 

Administrator has determined such requirement need not be contained in an 

operating permit (Regulation Number 15); 

l.B.9.j. Any national ambient air quality standard or increment or visibility 

requirement under Part C of Title I of the Federal Act, but only as it would 

apply to temporary sources permitted pursuant to Part C of this Regulation 

Number 3. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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1.8.10. Carbon Dioxide Equivalent (CO2e) 

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

warming potential (GWP). The CO2e 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 CO2e (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. 

I.B.11. Commence, also Commence Construction 

When the owner or operator has obtained all necessary pre-construction approvals or permits 

required by federal, state, or local air pollution and air quality laws and regulations and has 

either; (a) begun, or caused to begin, a continuous program of physical onsite construction of 

the source, or (b) entered into binding agreements or contractual obligation that cannot be 

cancelled or modified without substantial loss to the owner or operator, to undertake a 

program of actual construction of the source to be completed within a reasonable time. The 

following activities do not require the owner or operator to obtain a permit: 1) planning; 2) site 

clearing and grading; 3) ordering of equipment and materials; 4) storing of equipment; 5) 

setting up temporary trailers to house construction management staff and contractor 

personnel; 6) engineering and design; and 7) geotechnical investigation. In the event that 

the source does not qualify for issuance of a permit, the owner or operator accepts the 

financial risk of commencing these activities. 

1.8.12. Commencement of Operation 

A new source commences operation when it first conducts the activity that it was designed 

and permitted for (i.e., producing cement or generating electricity). 

I.B.13. Construction Permit 

Means the same as an emission permit as required under Part B of this regulation as it 

existed prior to July 1, 1992, and is the permit required under Colorado Revised Statutes 

Section 25-7-114.2 after July 1, 1992. 

1.8.14. Continuous Emissions Monitoring System (CEMS) 

All of the equipment that is required to meet the data acquisition and availability requirements 

of Part D of this Regulation or of a permit issued in accordance with Parts B or C of this 

regulation, to sample, condition (if applicable), analyze, and provide a record of emissions on 

a continuous basis. 

I.B.15. Continuous Emissions Rate Monitoring Systems (CERMS) 

The total equipment required for the determination and recording of the pollutant mass 

emissions rate (in terms of mass per unit of time). 

1.8.16. Continuous Parameter Monitoring System (CPMS) 

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

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

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

example, gas flow rate, 02 or CO2 concentrations), and to record average operational 

parameter value(s) on a continuous basis. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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1.8.17. Criteria pollutants 

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

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

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

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

precursor to ozone), and lead. 

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

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

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

metals, and municipal waste combustor acid gases. 

1.8.18. Designated Representative 

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

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

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

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

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

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

program. 

1.8.19. Draft Permit 

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

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

permit application. 

I.B.20. Existing Source 

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

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

I.B.21. Fugitive Dust 

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

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

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

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

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

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

or substance to adversely affect public health or welfare. 

1.8.22. General Permit 

Means a single permit issued to cover numerous similar sources. 

1.8.23. Greenhouse Gas (GHG) 

Means the aggregate group of the following six greenhouse gases: carbon dioxide (CO2), 

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 (CO2e) as the pollutant GHG. See definition for carbon dioxide 

equivalent (CO2e). 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 6 

I.B.24. Indirect Source 

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

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

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

attainment and maintenance of National Ambient Air Quality Standards. 

I.B.25. Major Source 

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

grouping (see Section I.B.43. of this Part A), that are located on one or more contiguous or 

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

common control) that: 

l.B.25.a. Directly emits, or has the potential to emit considering enforceable 

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

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

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

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

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

emissions from any pipeline compressor or pump station shall not be 

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

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

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

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

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

Fugitive emissions shall be considered in determining whether a stationary 

source of hazardous air pollutants is a major source. 

I.B.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 l.B.25.b., unless the source belongs to one of the 

following categories of stationary sources: 

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

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

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

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

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

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

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

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

tons of refuse per day; 

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

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

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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.B.25.b.(xi) Lime plants; 

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

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

.B.25.b.(xiv) 

.B.25.b.(xv) 

.B.25.b.(xvi) 

. B.25. b. (xvi i) 

Sulfur recovery plants; 

Carbon black plants (furnace process); 

Primary lead smelters; 

Fuel conversion plants; 

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

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

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

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

250 million British thermal units per hour heat input; 

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

capacity exceeding 300,000 barrels; 

.B.25.b.(xxiii) 

.B.25.b.(xxiv) 

.B.25.b.(xxv) 

Taconite ore processing plants; 

Glass fiber processing plants; 

Charcoal production plants; 

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

million British thermal units per hour heat input; or 

.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. 

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

Section 11.A.24. of Part D of this Regulation Number 3. 

1.8.26. Minor Source 

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

above). 

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I.B.27. Mobile Source 

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

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

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

portable sources. 

I.B.28. Modification 

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

does not meet the definition of major modification (as defined in Section II.A.22. of Part D of 

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

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

pollutant previously not emitted. The following exceptions apply: 

l.B.28.a. Routine maintenance, repair, and replacement shall not be 

considered a physical change; 

I.B.28.b. Unless previously limited by enforceable permit terms and 

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

method of operation: 

l.B.28.b.(i) An increase in the production rate if such increase does not 

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

emissions in excess of the emission standards; 

l.B.28.b.(ii) An increase in the hours of operation that does not lead to 

emissions in excess of the emission standards. 

l.B.28.b.(iii) Use of an alternative fuel or raw material by reason of an 

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

Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation), a prohibition under the Federal Power Plan 

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

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

Federal Power Act; 

l.B.28.b.(iv) Use of an alternative fuel by reason of an order or rule under 

Section 125 of the Federal Act; or 

I.B.28.b.(v) Change in ownership of the source. 

I.B.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. 

l.B.28.d. This definition shall not be used as a definition of major modification 

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

regulation)-- these are distinct and separate definitions. 

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I.B.28.e. Any physical change or change in the method of operation at a 

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

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

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

source performance standards or hazardous air pollutant requirements under 

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

change shall trigger the provisions of Part B, Section 111.0.1.a. through 

111.0.1.g., and Part C, Sections X.A., and Part C Sections XII.A. or XII.B., as 

appropriate. 

for Administrative Permit Amendment see Section 1.B.1. of Part A 

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

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

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

for Permit Revision, see Section I.B.34. of Part A 

for Significant Permit Modification, see Section I.A.7. of Part C 

I.B.29. New Source 

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

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

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

regulation for the control of hazardous air pollutants. 

I.B.30. Non-criteria Reportable Pollutants 

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

Section 602 of the Federal Act. 

1.8.31. Non-Road Engine 

I.B.31.a. Except as discussed in Section I.B.31.b. of this definition, a non-road 

engine is an internal combustion engine: 

I.B.31.a.(i) In or on a piece of equipment that is self-propelled or serves 

a dual purpose by both propelling itself and performing another 

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

bulldozers); or 

I.B.31.a.(ii) In or on a piece of equipment that is intended to be propelled 

while performing its function (such as lawnmowers and string 

trimmers); or 

I.B.31.a.(iii) That, by itself or in or on a piece of equipment is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. Indicia of transportability 

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

trailer or platform. 

I.B.31.b. An internal combustion engine is not a non-road engine if: 

I.B.31.b.(i) The engine is used to propel a motor vehicle or a vehicle 

used solely for competition, or is subject to standards promulgated 

under Section 202 of the Federal Act; or 

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I.B.31.b.(ii) The engine is regulated by a federal New Source 

Performance Standard promulgated under Section 111 of the 

Federal Act; or 

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

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

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

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

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

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

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

calculating the consecutive time period. An engine located at a 

seasonal source is an engine that remains at a seasonal source 

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

seasonal source is a stationary source that remains in a single 

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

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

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

is removed from the location. 

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

existing major source 

An operator of a non-road engine as defined in Section I.B.31.a.(iii), above, 

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

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

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

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

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

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

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

engine permit on forms supplied by the Division if the estimated 

annual actual emissions reported on the Air Pollutant Emission 

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

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

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

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

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

such terms and conditions as are necessary to protect the ambient 

air quality standards. 

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

hours of operation or the annual emissions thresholds described 

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

engines are exempt from the state-only reporting and permit 

requirements. Such records shall be made available for Division 

review upon request. 

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I.B.31.d. (State-only Requirements) Non-road engines co-located at an 

existing major source of nitrogen oxides or sulfur dioxide 

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

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

engines under Section I.B.31.a.(iii) of this definition, are subject to the 

following state-only requirements: 

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

required by Section VI. of this Part; 

I.B.31.d.(ii) Submit an application for a site-specific, temporary, stateonly non-road engine permit on forms supplied by the Division if the 

estimated annual actual emissions reported on the air pollutant 

emission notice, as required by Section I.B.29.d.(i), are equal to or 

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

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

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

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

engine permit containing such terms and conditions as are 

necessary to protect the ambient air quality standards. 

I.B.31.d.(iii) The operator of a non-road engine that is 1,200 horsepower 

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

thresholds described above, must maintain sufficient records to 

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

reporting and permit requirements. Such records shall be made 

available for Division review upon request. 

1.8.32. Operating Permit 

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

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

Regulation Number 3. 

I.B.33. Operating Permit Source 

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

I.B.34. Permit Revision 

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

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

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

permit revision under any other applicable requirement. 

I.B.35. Pollution Prevention 

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

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

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

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

practices), energy recovery, treatment, or disposal. 

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I.B.36. Portable Source 

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

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

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

1.8.37. Potential to Emit 

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

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

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

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

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

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

potential to emit of a stationary source. 

1.8.38. Predictive Emissions Monitoring System (PEMS) 

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

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

(for example, gas flow rate, 02 or CO2 concentrations), and calculate and record the mass 

emissions rate (for example, lb/hr) on a continuous basis. 

I.B.39. Regulated Air Pollutant 

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

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

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

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

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

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

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

including Sections 112(g), (j), and (r) of the Federal Act; and any pollutant subject to 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 subject to state 

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

Section 304 of the Federal Act.) 

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

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

1.8.40. Responsible Official 

One of the following: 

I.B.40.a. For a corporation: a president, secretary, treasurer, or vice president 

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

person who performs similar policy or decision making functions for the 

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

representative is responsible for the overall operation of one or more 

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

permit and either: 

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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 

I.B.40.a.(ii) The delegation of authority to such representative is 

approved in advance by the Division; 

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

proprietor, respectively; 

I.B.40.c. For a municipality, state, federal, or other public agency; either a 

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

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

executive officer having responsibility for the overall operations of a principal 

geographic unit of the agency; or 

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

I.B.40.d.(i) The designated representative in so far as actions, 

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

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

Part 72, promulgated there under are concerned; and 

I.B.40.d.(ii) The designated representative under Title IV of the Federal 

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

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

I.B.41. Schedule of compliance 

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

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

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

1.8.42. State-only Condition 

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

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

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

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

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

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

requirement under the Federal Act. 

1.8.43. Stationary Source 

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

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

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

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

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

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

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

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

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

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

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

of the Air Pollution Control Division, Department of Public Health and Environment, 4300 

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

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for Affected Source see Section I.A.1. of Part C 

for Existing Source, see Section I.B.20. of Part A 

for Indirect Source, see Section I.B.24. of Part A 

for Major Source, see Section I.B.25. of Part A 

for Major Stationary Source, see Section II.A.24. of Part D 

for Minor Source, see Section I.B.26. of Part A 

for Mobile Source, see Section I.B.27. of Part A 

for New Source, see Section I.B.29. of Part A 

for Portable Source, see Section I.B.36. of Part A 

for Temporary Source, see Section I.B.45. of Part A 

1.8.44. Subject to Regulation 

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

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

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

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

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

except that: 

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. 

I.B.44.b. For purposes of Section I.B.44.c. through e., the term CO2e of this 

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

follows: 

I.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. For purposes of this paragraph, prior to 

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

not include carbon dioxide emissions resulting from the combustion 

or decomposition of non-fossilized and biodegradable organic 

material originating from plants, animals, or micro-organisms 

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

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

municipal wastes, including gases and liquids recovered from the 

decomposition of non-fossilized and biodegradable organic material). 

I.B.44.b.(ii) Sum the resultant value from Section I.B.44.b.(i) of this Part 

A, for each gas to compute a tpy CO2e. 

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 D) 

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

CO2e, and shall be calculated assuming the pollutant GHG is a regulated 

NSR pollutant, and significant is defined as 75,000 tpy CO2e instead of 

applying the value in Section II.A.42.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: 

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

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

have the potential to emit 75,000 tpy CO2e 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 CO2e 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 CO2e; 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 CO2e; or 

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

the potential to emit 100,000 tpy CO2e, 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 CO2e or more. 

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

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

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

emissions at stationary sources under the New Source Review Prevention of 

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

regulation, GHG emissions under the corresponding programs in this 

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

extent. 

1.8.45. Temporary Source 

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

that a longer time period is appropriate. 

1.8.46. Uncontrolled Actual Emissions 

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

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

procedures. 

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

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

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

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

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

source. 

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I.B.47. Wet Screening Operations 

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

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

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

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

are not included in this definition. 

II. Air Pollutant Emission Notice (APEN) Requirements 

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

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

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

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

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

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

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

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

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

Emission Notice form. 

II.B. General 

11.8.1. Emission Estimate 

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

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

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

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

Division: 

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

whichever is best applied to the source; or 

II.B.1.b. Other engineering calculations. 

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

Pollutant Emission Notice reporting requirements. 

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

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

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

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

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

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

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

submitted. 

II.B.2. Air Pollutant Emission Notice Term 

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

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

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II.B.3. APEN Applicability 

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

be an individual emission point, or group of points pursuant to Section II.B.4. of this Part A. 

II.B.3.a. Criteria Pollutants 

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

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

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

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

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

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

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

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

II.B.3.b. Non-criteria Reportable Pollutants 

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

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

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

11.8.4. Source Grouping 

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

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

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

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

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

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

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

individual sources of emissions meet the following guidelines: 

II.B.4.a. All of the aggregated sources have identical source classification codes and 

emission factors for criteria pollutants; 

II.B.4.b. Each of the aggregated sources share a similar location within the facility; 

II.B.4.c. Similar sources regulated under the New Source Performance Standards 

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

should not be grouped; 

II.B.4.d. None of the individual sources is required to monitor emissions through the 

use of continuous emission monitors; 

II.B.4.e. Each of the individual emission points has fuel usage, production, and a 

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

have been grouped on the Air Pollutant Emission Notice; 

II.B.4.f. None of the individual sources grouped on the Air Pollutant Emission Notice 

has previously been issued its own separate emissions permit. 

The Division maintains its authority to require individual separate Air 

Pollutant Emission Notices for any process or activity. 

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

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

compromise the overall goals of receiving accurate and verifiable emissions 

information. 

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

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

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

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

Section VI. of this Part A. 

II.C. Revised Air Pollutant Emission Notices 

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

II.C.1.a.Annually whenever a significant change (as defined in Section 11.0.2.) in 

annual actual emissions occurs; or 

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

or activity; or 

11.0.1 .c. Whenever new control equipment is installed, or whenever a different type of 

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

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

or replacement of control equipment; or 

11.0.1 .d.Whenever a permit limitation must be modified; or 

11.0.1 .e. Before the Air Pollutant Emission Notice expires. 

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

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

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

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

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

approval from the Division to report multiple relocations. Relocation forms 

are available at the Division offices. 

11.0.1 .g.A revised Air Pollutant Emission Notice is not required for emergency or 

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

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

Federal Act. 

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

backup generators for electric power generating facilities that are not 

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

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

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

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

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

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

the annual actual emissions for the preceding three years. 

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II.C.2. Significant change, for the purposes of this section means: 

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

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

the last Air Pollutant Emission Notice submitted to the Division. 

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

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

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

above the level reported on the last Air Pollutant Emission Notice 

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

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

in ozone nonattainment areas emitting less than one hundred tons of 

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

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

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

Pollutant Emission Notice submitted to the Division; or 

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

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

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

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

air pollutant; or 

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

reported on the last Air Pollutant Emission Notice submitted to the 

Division, of fifty pounds of lead. 

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

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

within thirty days before the five-year term expires. 

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

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

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

source occurs. 

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

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

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

be reported by April 30, 1994). 

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

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

condensate storage tanks located at oil and gas exploration and production 

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

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

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

control equipment is relocated or removed. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.D. Exemptions from Air Pollutant Emission Notice Requirements 

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

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

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

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

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

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

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

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

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

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

Prevention of Significant Deterioration, nonattainment New Source Review, opacity 

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

controls. 

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

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

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

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

Regulation Number 3). 

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

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

impact on air quality. 

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

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

individual emission points in attainment or attainment/maintenance areas 

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

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

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

where the source is located. 

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

uncontrolled actual emissions less than the de minimis levels as determined 

following the procedures set forth in Appendix A. 

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

generated by or released from other processes or equipment. 

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

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

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

service establishments, except for char broilers and wood fired equipment 

(but not including campfires) in PM10 nonattainment areas. Charbroiler shall 

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

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

an open flame, charcoal or embers. 

11.0.1.f. Safety flares used to indicate danger to the public. 

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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 1.8.25. of this part); (2) meets or exceeds 

the storage capacity thresholds of a federal New Source Performance 

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

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

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

Pollutant Emission Notice and permit requirements unless otherwise below 

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

exempt from other applicable regulation promulgated by the Commission. 

II.D.1.h.Emissions from, or construction, or alteration of residential structures, 

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

residence, and including home heating devices. 

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

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

laboratory equipment that is bench scale in nature including quality 

control/quality assurance laboratories, process support laboratories, 

environmental laboratories supporting a manufacturing or industrial 

facility, and research and development laboratories. 

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

scale and that process less than ten thousand pounds of test 

material per year; 

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

than six months in duration with controlled actual emissions less than 

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

non criteria reportable pollutant. 

II.D.1.j. 

II.D.1.k. 

Disturbance of surface areas for purposes of land development, that do 

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

months in duration. (This does not include mining operations or 

disturbance of contaminated soil). 

Each individual piece of fuel burning equipment, other than 

smokehouse generators and internal combustion engines, that uses 

gaseous fuel, and that has a design rate less than or equal to five 

million British thermal units per hour. (See definition of fuel burning 

equipment, Common Provisions Regulation). 

Internal combustion engines powering portable drilling rigs. 

Exemption Repealed 

Chemical storage tanks or containers that hold less than five hundred 

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

twenty-five gallons. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.D.1.o. Unpaved public and private roadways, except for haul roads located 

within a stationary source site boundary. 

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

snow. 

II.D.1.q. 

II.D.1.r. 

Open burning activities, except that all reporting and permitting 

requirements that apply to such operations must be followed (see 

Regulation Number 1). 

Brazing, soldering, or welding operations, except those that use lead 

based compounds. All welding that occurs strictly for maintenance 

purposes is exempt. 

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

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

11.0.1.u. Aerosol can usage. 

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

of the production process. 

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

does not include subsequent operation of such furnaces or kilns. 

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

except that asphalt and cement batch plants require Air Pollutant 

Emission Notices and permits, unless exempt under some other 

section. 

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

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

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

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

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

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

sweeping). 

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

II.D.1.ee. Exemption Repealed 

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

II.D.1.gg. Smoking rooms and areas. 

II.D.1.hh. Plastic pipe welding. 

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

or residential housekeeping purposes. 

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11.0.1.jj. Beauty salons. 

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

cutting torches. 

11.0.1.11. Pharmacies. 

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

containers, and where total storage capacity does not exceed five 

thousand gallons. This exemption applies solely to storage of such 

chemicals. This exemption does not apply to transfer of chemicals 

from, to, or between such containers. 

11.0.1.nn. 

11.0.1.0o. 

11.0.1.pp. 

11.0.1 .qq. 

11.0.1.rr. 

Architectural painting, roof coating material and associated surface 

preparation (except for sandblasting and except for volatile organic 

compound emissions, associated with surface preparation, above Air 

Pollutant Emission Notice de minimis levels) for maintenance purposes 

at industrial or commercial facilities. 

Emissions that are not criteria (as defined in Section 1.8.1 7. of this part) 

or non-criteria reportable pollutants (as defined in Section 1.B.30. of this 

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

Janitorial activities and products. 

Grounds keeping activities and products. 

Sources of odorous emissions that do not utilize emission control 

equipment for control of odorous emissions. This exemption applies to 

the odor emissions only. All other emissions are subject to other 

exemptions set forth in this regulation. This exemption does not 

exempt any source from the requirements of Regulation Number 2. 

11.0.1.ss. Truck and car wash units. 

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

11.0.1.uu. Exemption Repealed 

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

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

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

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

11.111.xx. Blast cleaning equipment using a suspension of abrasive in water and 

any exhaust system or collector serving them exclusively. 

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

solid fuel. 

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

a capacity of less than sixty thousand gallons, provided the 

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

applicable. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.D.1.aaa. Storage tanks of capacity less than forty thousand gallons of lubricating 

oils or used lubricating oils. 

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

with a capacity of one gallon or less. 

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

operated solely for company owned vehicles where the daily fuel 

throughput is no more than four hundred gallons per day that is 

calculated as an annual average. Sources in an ozone 

attainment/maintenance area must utilize Stage 1 vapor recovery on all 

tanks greater than 550 gallons capacity, as required by Regulation 

Number 7, in order to take this exemption. 

II.D.1.ddd. Exemption Repealed 

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

sources is promulgated by the Commission. 

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

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

gallons; and 

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

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

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

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

II.D.1.fff.(ii)(D) oil/water mixtures with a vapor 

pressure equal to or lower than that of 

diesel fuel (Reid Vapor Pressure of 

0.025 pounds per square inch 

absolute). 

II.D.1.ggg. Each individual piece of fuel 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. 

11.0.1.hhh. Natural gas vehicle fleet fueling facilities. 

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

Recreational swimming pools. 

II.D.1.kkk. Forklifts. 

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II.D.1.111. Oil and gas exploration and production operations (well site and 

associated equipment) shall provide written notice to the Colorado Oil 

and Gas Conservation Commission of proposed drilling locations prior 

to commencement of such operations. Air Pollutant Emission Notices 

are not required until after exploration and/or production drilling, 

workovers, completions, and testing are finished. 

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

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

or recompletion report and log is filed with the appropriate state or federal agency. If 

production will not occur, or production will not result in reportable emissions, the 

owner or operator shall submit written notice to the Division indicating that the well 

was plugged, or that emissions are otherwise not reportable. If production will result 

in reportable emissions, the owner or operator shall file an Air Pollutant Emission 

Notice with the Division within thirty days after the report of first production is filed 

with the appropriate state or federal agency but no later than ninety days following 

the first day of production. 

II.D.1.mmm. Handling equipment and associated activities for glass that is destined 

for recycling. 

II.D.1.nnn. 

II.D.1.000. 

II.D.1.ppp. 

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. 

The use of pesticides, fumigants, and herbicides when used in 

accordance with requirements established under the federal 

Insecticide, Fungicide and Rodenticide Act as established by the U.S. 

EPA (United States Code Title 7, Section 136 et seq.). 

Ventilation of emissions from mobile sources operating within a tunnel, 

garage, or building that are not operating for transportation purposes 

and are subject to stationary source requirements. 

II.D.1.qqq. Non-asbestos demolition. 

II.D.1.rrr. Sandblast equipment when the blast media is recycled and the blasted 

material is collected, including small sandblast glove booths. 

II.D.1.sss. Exemption Repealed 

Exemption Repealed 

II.D.1.uuu. Surface water storage impoundment of non-potable water and storm 

water evaporation ponds, with the exceptions of oil and gas production 

wastewater impoundments (including produced water tanks) containing 

equal to or more than one percent by volume crude oil on an annual 

average and commercial facilities that accept oil and gas production 

wastewater for processing. 

II.D.1.vvv. Non-potable water pipeline vents. 

II.D.1.www. Steam vents and safety release valves. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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. 

II.D.1.aaaa. Chemical Storage Tanks 

II.D.1.aaaa.(i) Sulfuric acid storage tanks not to exceed ten thousand five 

hundred gallons capacity. 

II.D.1.aaaa.(ii) Sodium hydroxide storage tanks. 

II.D.1.bbbb. Containers, reservoirs, or tanks used exclusively for dipping operations 

that contain no organic solvents for coating objects with oils, waxes, 

greases, or natural or synthetic resins. 

II.D.1.cccc. Wet screening operations notwithstanding the applicability of the New 

Source Performance Standards included in the Code of Federal 

Regulations, Title 40, Part 60, Subpart 000. 

II.D.1.dddd. Non-road engines as defined in Section 1.6.31. of this Part A, except 

certain non-road engines subject to state-only air pollutant emission 

notice and permitting requirements pursuant to Section I.B.31.c. and 

I.B.31.d. of this part. 

II.D.1.eeee. Exemption Repealed 

II.D.1.ffff Exemption Repealed 

II.D.2. An Air Pollutant Emission Notice must be filed for all incinerators. 

II.D.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. 

II.D.4. Any person may request the Division to examine a particular source category or 

activity for exemption from Air Pollutant Emission Notice or permit requirements. 

II.D.4.a. Such requests shall be made separately from the permit application review 

procedure. 

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V.H.2.c.Where the transaction involves sulfur dioxide, PM10 or carbon monoxide 

emissions, and all sources involved in the transaction are within two hundred 

and fifty meters of one another. 

V.H.3. Any proposed offset transaction, other than those referred to in Section V.H.2., shall 

be treated as a request to the Commission for a state implementation plan revision. 

V.H.4. Sources of PM10 precursors, sulfur dioxide, nitrogen oxide and carbon monoxide 

must seek offsets within reasonably close proximity. Sources of nitrogen oxide and 

volatile organic compounds may seek offsets over a greater area. However, for 

widely dispersed and volatile organic compound trades, a higher offset may be 

required. 

V.H.S. If the applicant has used his best efforts in seeking the required emission offsets but 

was unsuccessful, the source may petition for use of some portion of growth 

allowance. The petition must state the emission increase will not interfere with 

Reasonably Further Progress and the petitioner is willing to enter into an enforceable 

program to provide the required emission offset at some future time. 

V.H.6. In the absence of an approved attainment demonstration, banked Emission 

Reduction Credits from shutdowns or curtailments may be used for offsets only if the 

criteria stated in Section V.E.5.b. of Part A of this regulation are met. 

V.H.7. In nonattainment areas with approved demonstrations, banked Emission Reduction 

Credits may be used for offsets in any trade provided the criteria stated in Section 

V.E.5.a. of Part A of this Regulation are met. 

V.H.B. Interpollutant offsets (other than those offsets discussed above) may be approved by 

U.S. EPA on a case-by-case basis provided that the applicant demonstrates, on the 

basis of U.S. EPA-approved methods where possible, that the emissions increases 

from the new or modified source will not cause or contribute to a violation of an 

ambient air quality standard. A source's permit application that includes such an 

interpollutant offset proposal shall not be approved by the Division until there has 

been an opportunity for public hearing on the proposed emissions trade and until 

written approval has been received from the U.S. EPA. 

V.I. Netting Transactions 

V.1.1. Netting may exempt modifications of existing major sources from certain preconstruction permit requirements under new source review, so long as there is no 

significant net emission increase, as net emissions increase is defined in Section 

II.A.26. of Part D of this regulation. By netting out, the modifications is not considered 

major and therefore not subject to pre-construction permit requirements for major 

modifications as follows: 

V.I.1.a. Section VI. of Part D of this regulation, for prevention of significant 

deterioration; 

V.I.1.b. Visibility analysis; and 

V.I.1.c. Section V.A. of Part D of this regulation, for nonattainment new source 

review. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 44 

V.1.2. The Division shall grant such an exemption if the emissions reduction qualifies as an 

Emission Reduction Credit under Regulation Number 3 meets the criteria in Section 

V.E., for certification, and the difference between the amount of the certified 

emissions reduction, and the amount of new pollutants to be emitted from the new or 

modified facility, does not constitute a significant increase of pollutants. 

V.1.3. An increase of pollutants shall be considered significant if it equals or exceeds the 

amounts specified in the definition of significant in Part D of this regulation. 

VI. Fees 

VI.A. General 

VI.A.1. Every person required to obtain a Construction or Operating Permit or to file an Air 

Pollution Emission Notice shall pay fees as set forth in the following sections. Such 

fees shall be charged to recover the direct and indirect costs incurred by the Division 

in processing permit applications, issuing permits, and in conducting a compliance 

monitoring and enforcement program. Such fees shall apply without regard to 

whether a permit is issued, denied, withdrawn, or revoked. Fees shall be charged as 

indicated in Section VI.D. of this part. 

VI.B. Permit Processing Fees 

VI.B.1. Applicants for a permit shall be assessed total fees that shall be partially determined 

at the time that the Division makes its decision whether to issue preliminary approval 

of the permit and partially at the time the Division makes its decision whether to issue 

final approval. 

VI.B.2. The partial fee collected at the time the Division makes its decision whether to issue 

preliminary approval of the permit shall include the costs associated with the 

preliminary engineering evaluation, modeling, and analysis of impact on ambient air 

quality, notice and publication requirements, and such other costs as are required for 

the aforementioned activities incurred by the Division up to the time of the decision of 

whether to issue preliminary approval. 

VI.B.3. The final fee collected at the time the Division makes its decision of whether to issue 

final approval shall include the balance of the total of all costs associated with 

enforcement of any terms and conditions of the emission permit, the supervision of 

compliance testing, notice and publication requirements, and such other costs as are 

required for the processing, issuance, and administration of the permit. 

VI.B.4. If the Division requires more than thirty hours to process an application, the Division 

shall inform the owner or operator of the source and provide an estimate of what the 

actual charges may be, prior to commencing with processing of the application, 

unless the owner or operator waives this requirement in writing. 

Vl.B.5. All permit processing fees assessed must be received within thirty days of the date of 

receipt of the written request therefore. All fees collected under this regulation shall 

be made payable to the Colorado Department of Public Health and Environment. 

Construction permits may be issued prior to the Division's receipt of such fees. 

Failure to pay the permit processing fees within ninety days of the written request for 

fees may result in late fees or revocation of the permit. Permits issued in accordance 

with Part C of this regulation may be issued upon approval by the Division of a fee 

payment schedule. 

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VI.C. Annual Emissions Fees 

VI.C.1. As used in this Section VI., in accordance with Colorado Revised Statute Section 25-

7-114.7, regulated air pollutant means: 

VI.C.1.a. A volatile organic compound; 

VI.C.1.b. Each hazardous air pollutant; 

VI.C.1.c. Each pollutant regulated under Section 111 of the Federal Act (New 

Source Performance Standards); 

VI.C.1.d. Each pollutant for which a National Ambient Air Quality Standard has 

been promulgated, except for carbon monoxide; and 

VI.C.1.e. Each pollutant regulated under Section 25-7-109, except GHG of the 

state Act. 

VI.C.1.f. The term regulated air pollutant does not include fugitive dust as 

defined in Section 1.6.21. of this Part A, or any fraction thereof. 

VI.C.2. Every owner or operator of an air pollution source required to file an Air Pollutant 

Emission Notice shall pay a nonrefundable annual emissions fee as set forth in 

Section VI.D.1. of this Part A. 

VI.C.3. All annual emissions fees assessed must be received within sixty days of the date of 

issuance of the written request therefore. All fees collected under this regulation 

shall be made payable to the Colorado Department of Public Health and 

Environment. 

VI.C.4. In no event shall an owner or operator of a source pay more than a fee based upon 

total annual emissions of four thousand tons of each regulated air pollutant per 

source. 

VI.D. Fee Schedule 

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. 

VII. Confidential Information or Data Contained in Air Pollutant Emission Notices, Permit 

Applications, or Reports Submitted Pursuant to Part C, Section V.C.6. 

VII.A. Upon written request to the Division, any person filing an Air Pollutant Emission Notice or 

permit application, or submitting reports pursuant to Regulation Number 3, Part C, Sections 

V.C.6. or V.C.7., may request that information contained in such an Air Pollutant Emission 

Notice, permit application, or report relating to secret processes or methods of manufacture 

or production be kept confidential. The written request must identify the basis for the claim 

that the information relates to secret processes or methods of manufacture or production. All 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 46 

information claimed as confidential must be segregated from the rest of the Air Pollutant 

Emission Notice, permit application, or report when submitted, with each page clearly marked 

as "Confidential," "Trade Secret," or other similar marking. 

VII.B. The Division will evaluate confidentiality claims based on the written request. The burden of 

establishing that the information relates to secret processes or methods of manufacture or 

production is on the claimant. Emission data, as defined in Colorado Revised Statutes 

Section 25-7-103(11.5), shall not be entitled to confidential treatment notwithstanding this 

Section VII., or any other law to the contrary. In no event shall an Operating Permit or the 

compliance certifications submitted pursuant to Section III.B.8. of Part C of this Regulation 

Number 3 be entitled to confidential treatment. If the Division determines that information 

requested to be kept confidential is not entitled to confidential treatment, it shall provide 

written notice of this determination at least three working days prior to making such 

information available to the public. 

VII.C. A request for confidential treatment of information or data submitted to the Division shall be 

deemed a limited waiver by the applicant of the time constraints contained in Section III.B. of 

Part B, or Section IV. of Part C of this regulation. Therefore, any delay in the processing of a 

permit application resulting from the Division's being required to give notice under Section 

VII.B., hereof, shall not be considered in determining whether the time constraints set forth in 

this regulation have been met. 

VIII. Technical Modeling and Monitoring Requirements 

VIII.A. Air Quality Models 

VIII.A.1.All estimates of ambient concentrations required under this Regulation Number 3 

shall be based on the applicable air quality models, databases, and other 

requirements generally approved by U.S. EPA and specifically approved by the 

Division. 

If a non-U.S. EPA approved model, such as a wind tunnel study, is proposed, the 

nature and requirements of such a model should be outlined to the Division at a preapplication meeting. The application will be deemed incomplete until there has been 

an opportunity for a public hearing on the proposed model and written approval of the 

U.S. EPA has been received. 

VIII.B. Monitoring 

VIII.B.1.All monitoring must be performed in accordance with U.S. EPA accepted procedures 

as approved by the Division. 

VIII.B.2.An owner or operator may submit a monitoring program for a proposed source or 

modification to the Division for review. Within sixty days after such submittal, the 

Division shall: 

Vlll.B.2.a. Approve the monitoring program; or 

VIII.B.2.b. Specify the changes necessary for approval; otherwise, the 

monitoring program shall be deemed approved. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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VIII.C. Stack Heights 

This regulation sets limits for the maximum stack height credit to be used in ambient air 

quality modeling for the purpose of setting an emission limitation and calculating the air 

quality impact of a source. It does not limit the actual physical stack height for any source. 

The following shall not be considered in determining whether an emission limitation is met: 

VIII.C.1. Stack height in excess of good engineering practice; or 

VIII.C.2. Any other dispersion technique except that the provisions of this Section 

VIII.C. shall not apply to stack heights in existence or dispersion techniques 

implemented before December 31, 1970. Sources that were constructed, 

reconstructed, or for which major modifications were carried out after December 31, 

1970, and that are emitting pollutants from such stacks, or using such dispersion 

techniques, shall be subject to the provisions of this section. 

VIII.D. Definitions as used in Section VIII.C. 

VIII.D.1. Stack in existence means that the owner or operator had: 

VIII.D.1.a. Begun, or caused to begin, a continuous program of physical on site 

construction of the stack; or 

VIII.D.1.b. Entered into binding agreements or contractual obligations that could 

not be cancelled or modified without substantial loss to the owner or 

operator, to undertake a program of construction of the stack to be 

completed in a reasonable time. 

VIII.D.2. Dispersion Technique means any technique that attempts to affect the 

concentration of a pollutant in the ambient air by using that portion of a stack that 

exceeds good engineering practice stack height, varying the rate of emission of a 

pollutant according to atmospheric conditions or ambient concentrations of that 

pollutant, or by increasing final exhaust gas plume rise by manipulating source 

process parameters, exhaust gas parameters, or combining exhaust gases from 

several existing stacks into one stack; or other selective handling of exhaust gas 

streams so as to increase the exhaust gas plume rise. The preceding sentence does 

not include: 

VIII.D.2.a. The reheating of a gas stream, following use of a pollution control 

system, for the purpose of returning the gas to the temperature at which it 

was originally discharged from the facility generating the gas stream; 

VIII.D.2.b. The merging of exhaust gas streams where: 

VIII.D.2.b.(i) The source owner or operator demonstrates that the facility 

was originally designed and constructed with such merged gas 

streams; 

VIII.D.2.b.(ii) After July 8, 1983, such merging is part of a change in 

operation at the facility that includes the installation of pollution 

controls and is accompanied by a net reduction in the allowable 

emissions of a pollutant. This exclusion from the definition of 

dispersion techniques shall apply only to the emission limitation for 

the pollutant affected by such change in operation; or 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 48 

VIII.D.2.b.(iii) Before July 8, 1985, such merging was part of a change in 

operation at the facility that included the installation of emissions 

control equipment or was carried out for sound economic or 

engineering reasons. Where there was an increase in the emissions 

limitation or, in the event that no emission limitation was in existence 

prior to the merging, the reviewing agency shall presume that 

merging was significantly motivated by intent to gain emissions credit 

for greater dispersion. 

Absent a demonstration by the source owner or operator that merging was 

not significantly motivated by such intent, the reviewing agency shall deny 

credit for the effects of such merging in calculating the allowable emissions 

for the source; 

VIII.D.2.c. Smoke management in agricultural or silvicultural prescribed burning 

programs; 

VIII.D.2.d. Episodic restrictions on residential wood burning and open burning; 

Or 

VIII.D.2.e. Techniques that increase final exhaust gas plume rise where the 

resulting allowable emissions of sulfur dioxide from the facility do not exceed 

five thousand tons per year. 

VIII.D.3. Good Engineering Practice Stack Height means the greater of: 

VIII.D.3.a. 65 meters; or 

VIII.D.3.b. For stacks in existence on January 12, 1979 and for which the owner 

or operator had obtained all applicable pre-construction permits or approvals 

required, Hg = 2.5H, provided the owner or operator produces evidence that 

this equation was actually relied on in establishing an emission limitation; and 

VIII.D.3.c. For all other stacks, Hg = H + 1.5L where: 

VIII.D.3.c.(i) Hg = good engineering practice stack height measured from 

the ground level elevation at the base of the stack; 

VIII.D.3.c.(ii) H = height of nearby structure(s) measured from the ground 

level elevation at the base of the stack; 

VIII.D.3.c.(iii) L = lesser dimension (height or projected width) of nearby 

structure(s) provided that the reviewing agency may require the use 

of a field study or fluid model to verify Good Engineering Practice 

stack height for the source; or 

VIII.D.3.d. The height demonstrated by a fluid model or a field study approved 

by the reviewing agency, which ensures that the emissions from a stack do 

not result in excessive concentrations of any air pollutant as a result of 

atmospheric downwash, wakes, or eddy effects created by the source itself, 

structures, or terrain obstacles. 

VIII.D.4. Nearby as applied to good engineering practice is: 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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VIII.D.4.a. For purposes of applying the formulae provided in Sections 

VIII.D.3.b. and VIII.D.3.c. in the definition of good engineering practice stack 

height means that distance up to five times the lesser of the height or the 

width dimension of a structure, but not greater than 0.8 kilometers (1/2 mile), 

and 

VIII.D.4.b. For conducting demonstrations in Section VIII.D.3. in the definition of 

good engineering practice means not greater than 0.8 kilometers (1/2 mile), 

except that the portion of a terrain feature may be considered to be nearby 

that falls within a distance of up to ten times the maximum height of the 

feature, not to exceed two miles if such feature achieves a height 0.8 

kilometers from the stack that is at least forty percent of the good engineering 

practice stack height determine by the formula or twenty-six meters, 

whichever is greater. 

VIII.D.5. Excessive concentrations for the purpose of determining good engineering 

practice, stack height in a fluid model or field study, means: 

VIII.D.5.a. For sources seeking credit for stack height exceeding that 

established by the formulae, a maximum ground level concentration due to 

emissions from a stack due in whole or part to downwash, wakes, and eddy 

effects produced by nearby structures or nearby terrain features that 

individually is at least forty percent in excess of the maximum concentration 

experienced in the absence of such downwash, wakes, or eddy effects and 

that contributes to a total concentration due to emissions from all sources 

that is greater than an ambient air quality standard. For sources subject to 

the prevention of significant deterioration program, an excessive 

concentration alternatively means a maximum ground level concentration 

due to emissions from a stack due in whole or part to downwash, wakes, or 

eddy effects produced by nearby structures or nearby terrain features that 

individually is at least forty percent in excess of the maximum concentration 

experienced in the absence of such downwash, wakes, or eddy effects and 

greater than a prevention of significant deterioration increment. The 

allowable emission rate to be used in making demonstrations shall be 

prescribed by the new source performance standard that is applicable to the 

source category unless the owner or operator demonstrates that this 

emission rate is infeasible. Where such demonstrations are approved by the 

Division, an alternative emission rate shall be established in consultation with 

the source owner or operator; 

VIII.D.5.b. For sources seeking credit after October 1, 1983 for increases in 

existing stack heights up to the heights established by the formulae, either: 

VIII.D.5.b.(i) A maximum ground level concentration due in whole or part 

to downwash, wakes or eddy effects as provided in Section 

VIII.D.5.a. above, except that the emission rate specified by any 

applicable state implementation plan (or, in the absence of such a 

limit, the actual emission rate) shall be used; or 

VIII.D.5.b.(ii) The actual presence of a local nuisance caused by the 

existing stack, as determined by the Division; and 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 50 

VIII.D.5.b.(iii) For sources seeking credit after January 12, 1979 for a stack 

height determined using the formula, where the Division requires the 

use of a field study or fluid model to verify good engineering practice 

stack height; for sources seeking stack height credit after November 

9, 1984 based on the aerodynamic influence of cooling towers; and 

for sources seeking credit after December 31, 1970 based on the 

aerodynamic influence of structures not adequately represented by 

the formulae: a maximum ground level concentration due in whole or 

part to downwash, wakes or eddy effects that is at least forty percent 

in excess of the maximum concentration experienced in the absence 

of such downwash, wakes or eddy effects. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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APPENDIX A 

Method For Determining De Minimis Levels For Non-Criteria Reportable Pollutants 

The following procedures must be followed in order to determine the appropriate de minimis 

(minimum) reporting level for each pollutant that is emitted from each emission point at a contiguous 

site. If you do not wish to use the three-scenario approach at your facility, you may elect to use 

Scenario 1 for all emission points. 

Definitions 

Release Point - the lowest height above ground level from which the pollutants are emitted to the 

atmosphere. 

Property Boundary - the distance from the base of the release point to the nearest property boundary. 

Point - an individual emission point or a group of individual emission points reported on one Air 

Pollutant Emission Notice as provided for in Part A, Section II.B.4. 

Methodology 

To determine the de minimis level for a single pollutant being emitted from a point (single or grouped). 

STEP 1: 

Determine which of the three scenarios below applies to the emission point. If different scenarios can 

be applied to the same emission point, use the highest numbered scenario that applies. In the case 

of grouped emission points, use the lowest scenario number (for the entire group) that applies to any 

of the single emission points within the group. 

Scenario 1: Release point less than 10 meters or property boundary less than 100 

meters; 

Scenario 2: Release point equal to or greater than 10 meters, but less than 50 meters, or 

property boundary equal to or greater than 100 meters, but less than 500 meters; or 

Scenario 3: Release point equal to or greater than 50 meters, or property boundary equal 

to or greater than 500 meters. 

STEP 2: 

Use Appendix B to identify which of the three bins (Bin A, B, or C) the chemical is listed under. 

If the pollutant is not listed, it does not have to be reported unless it is included in a chemical 

compound group. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 52 

STEP 3: 

Use the table below to determine the de minimis level. 

All values are in pounds per year. 

Scenario 1 Scenario 2 Scenario 3 

Chemical Bin De Minimis De Minimis De Minimis 

Bin A 50 125 250 

Bin B 500 1250 2500 

Bin C 1000 2500 5000 

STEP 4: 

Repeat the above steps for each pollutant emitted from each emission point (single or grouped). One 

Air Pollutant Emission Notice must be filed for each emission point that emits one or more chemicals 

above the de minimis level. 

APPENDIX B 

Non-criteria Reportable Pollutants (Sorted alphabetically by BIN) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS Toxics BIN 

HAP 79345 1,1,2,2-Tetrachloroethane A 

HAP 79005 1,1,2-Trichloroethane A 

HAP 75354 1,1-Dichloroethylene (Vinylidene chloride) A 

HAP 57147 1,1-Dimethyl hydrazine A 

HAP 120821 1,2,4-Trichlorobenzene A 

HAP 96128 1,2-Dibromo-3-chloropropane A 

HAP 122667 1,2-Diphenylhydrazine A 

HAP 106887 1,2-Epoxybutane A 

HAP 75558 1,2-Propylenimine (2-Methyl aziridine) A 

HAP 106990 1,3-Butadiene A 

HAP 542756 1,3-Dichloropropene A 

HAPs 55981 1,4-Butanediol dimethanesulphonate A 

HAP 106467 1,4-Dichlorobenzene A 

HAPs 7644410 1,4-Dichloro-2-butene A 

HAP 123911 1,4-Dioxane (1,4-Diethyleneoxide) A 

HAP 1746016 2,3,7,8-TCDD (Dioxin) A 

HAP 88062 2,4,6-Trichlorophenol A 

HAP 94757 2,4-D, salts and esters (2,4- 

Dichlorophenoxyacetic acid) 

A 

HAP 51285 2,4-Dinitrophenol A 

HAP 121142 2,4-Dinitrotoluene A 

HAP 584849 2,4-Toluene diisocyanate A 

91087 2,6-Toluene diisocyanate A 

HAP 532274 2-Chloroacetophenone A 

HAP 79469 2-Nitropropane A 

HAP 119937 3,3'-Dimethyl benzidine A 

HAP 91941 3,3-Dichlorobenzidene A 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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CAS Toxics BIN 

HAP 119904 3,3-Dimethoxybenzidine A 

HAP 101144 4,4-Methylene bis (2-chloroaniline) A 

HAP 101779 4,4-Methylenedianiline A 

HAP 534521 4,6-Dinitro o-cresol, and salts A 

HAP 92671 4-Aminobiphenyl A 

HAP 75070 Acetaldehyde A 

HAP 75058 Acetonitrile A 

HAP 107028 Acrolein A 

HAP 79061 Acrylamide A 

HAP 79107 Acrylic acid A 

HAP 107131 Acrylonitrile A 

HAPs 1402682 Aflatoxins A 

116063 Aldicarb (Temik) A 

HAPs 309002 Aldrin A 

107186 Allyl alcohol A 

HAP 107051 Allyl chloride A 

20859738 Aluminum phosphide A 

HAP 62533 Aniline A 

HAP 0 Antimony compounds A 

86884 ANTU (alpha-naphthylthiourea) A 

HAP 0 Arsenic compounds A 

HAP 1332214 Asbestos A 

HAP 71432 Benzene A 

HAP 92875 Benzidine (p-Diamino diphenyl) A 

HAP 98077 Benzotrichloride A 

HAP 100447 Benzyl chloride, (Chloromethyl)benzene A 

HAP 0 Beryllium compounds A 

HAP 542881 Bischloromethyl ether A 

HAP 117817 Bis(2-ethylhexyl) phthalate (DEHP) (Dioctyl 

phthalate) 

A 

7726956 Bromine A 

HAP 75252 Bromoform A 

HAP 0 Cadmium compounds A 

HAP 156627 Calcium cyanamide A 

HAP 133062 Captan A 

1563662 Carbofuran A 

HAP 75150 Carbon disulfide A 

HAP 56235 Carbon tetrachloride A 

HAP 120809 Catechol A 

HAP 133904 Chloramben (3-amino-2,5-dichloro benzoic acid) A 

HAP 57749 Chlordane A 

HAP 7782505 Chlorine A 

HAP 79118 Chloroacetic acid A 

HAP 108907 Chlorobenzene A 

107073 Chloroethanol A 

HAP 67663 Chloroform (Trichloromethane) A 

HAP 107302 Chloromethyl methyl ether A 

HAP 126998 Chloroprene (2-Chloro-1,3-butadiene) A 

HAP 0 Chromium compounds (incl. 6+ compounds, 

etc.) 

A 

HAP 0 Cobalt compounds (as cobalt metal dust and 

fumes) 

A 

HAP 0 Coke Oven Emissions A 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 54 

CAS Toxics BIN 

HAP 1319773 Cresylic acid/Cresols A 

4170303 Crotonaldehyde A 

123739 Crotonaldehyde (E) A 

HAP 98828 Cumene A 

HAP 0 Cyanide compounds A 

HAP 3547044 DDE (Dichlorodiphenyldichloroethylene) A 

8065483 Demeton A 

HAP 334883 Diazomethane A 

19287457 Diborane A 

HAP 111444 Dichloroethyl ether (Bis(2-chloroethyl)ether) A 

HAP 62737 Dichlorvos A 

141662 Dicrotophos A 

HAPs 60571 Dieldrin A 

HAP 111422 Diethanolamine A 

115264 Dimefox A 

60515 Dimethoate A 

HAP 77781 Dimethyl sulfate A 

HAP 68122 Dimethylformamide A 

78342 Dioxathion A 

152169 Diphosphoramide, octamethyl A 

298044 Disulfoton A 

115297 Endosulfan A 

72208 Endrin A 

HAP 106898 Epichlorohydrin (1-Chloro-2,3-epoxypropane) A 

563122 Ethion A 

HAP 140885 Ethyl acrylate A 

HAP 106934 Ethylene dibromide (1,2-Dibromoethane) A 

HAP 107062 Ethylene dichloride (1,2-Dichloroethane) A 

HAP 151564 Ethylene imine (Aziridine) A 

HAP 75218 Ethylene oxide A 

HAP 96457 Ethylene thiourea A 

22224926 Fenaminophos (Fenamiphos) A 

115902 Fensulfothion A 

HAP 0 Fine mineral fibers A 

944229 Fonofos A 

HAP 50000 Formaldehyde A 

110009 Furan A 

HAP 0 Glycol ethers A 

HAP 76448 Heptachlor A 

HAP 118741 Hexachlorobenzene A 

HAP 87683 Hexachlorobutadiene A 

HAP 77474 Hexachlorocyclopentadiene A 

HAP 67721 Hexachloroethane A 

HAP 822060 Hexamethylene-1,6-diisocyanate A 

HAP 302012 Hydrazine A 

HAP 7647010 Hydrochloric acid (Hydrogen chloride) A 

HAP 7664393 Hydrogen fluoride (Hydrofluoric acid) A 

7783064 Hydrogen sulfide A 

465736 Isodrin A 

HAP 78591 Isophorone A 

4098719 Isophorone diisocyanate A 

HAP 0 Lead compounds (except elemental lead) A 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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CAS Toxics BIN 

HAP - Lindane (all isomers of hexachlorocyclohexane) A 

HAP 0 Manganese compounds A 

950107 Mephosfolan A 

HAP 0 Mercury compounds A 

126987 Methacrylonitrile A 

10265926 Methamidophos A 

950378 Methidathion A 

HAP 72435 Methoxychlor A 

86500 Methyl azinphos A 

HAP 74839 Methyl bromide (Bromomethane) A 

HAP 74873 Methyl chloride (Chloromethane) A 

HAP 60344 Methyl hydrazine A 

HAP 74884 Methyl iodide (lodomethane) A 

HAP 624839 Methyl isocyanate A 

74931 Methyl mercaptan (Methanethiol) A 

HAP 75092 Methylene chloride (Dichloromethane) A 

HAP 101688 Methylene diphenyl diisocyanate (MDI) A 

7786347 Mevinphos A 

505602 Mustard gas (Dichlorodiethyl sulfide) A 

HAP 121697 N,N-Diethyl aniline (N,N-Dimethylaniline) A 

HAP 0 Nickel compounds (incl. nickel subsulfide) A 

54115 Nicotine A 

7697372 Nitric acid A 

HAP 98953 Nitrobenzene A 

HAPs 55185 N-Nitrosodiethylamine A 

HAP 62759 N-N itrosodimethylamine A 

HAPs 924163 N-Nitroso-di-n-butylamine A 

HAP 90040 o-Anisidine A 

HAP 95534 o-Toluidine A 

1910425 Paraquat A 

2074502 Paraquat methosulfate A 

HAP 56382 Parathion A 

298000 Parathion-methyl A 

HAP 82688 Pentachloronitrobenzene (Quintobenzene) A 

HAP 87865 Pentachlorophenol A 

HAP 127184 Perchloroethylene (Tetrachloroethylene) A 

HAPs 122601 Phenyl glyceryl ether (3 phenoxy 1,2 

propanediol) 

A 

298022 Phorate A 

HAP 75445 Phosgene A 

HAP 7803512 Phosphine A 

HAP 7723140 Phosphorous A 

HAP 1336363 Polychlorinated biphenyls (PCBs) (Aroclors) A 

HAP 0 Polycylic Organic Matter A 

HAP 57578 Propiolactone, beta A 

HAP 114261 Propoxur (Baygon) A 

HAP 78875 Propylene dichloride (1,2-Dichloropropane) A 

HAP 75569 Propylene oxide A 

HAP 106445 p-Cresol A 

HAP 91225 Quinoline A 

HAP 106514 Quinone A 

HAP 0 Radionuclides (including radon) A 

HAP 0 Selenium compounds A 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 56 

CAS Toxics BIN 

62748 Sodium fluoroacetate A 

131522 Sodium pentachlorophenate A 

57249 Strychnine A 

3689245 Sulfotep A 

13494809 Tellurium A 

107493 TEPP (Tetraethyldithiopyrophosphate) A 

13071799 Terbufos A 

509148 Tetranitromethane A 

- Thallium compounds A 

108985 Thiophenol (Phenyl mercaptan) A 

HAP 8001352 Toxaphene (Camphechlor) A 

HAP 121448 Triethylamine A 

HAP 1582098 Trifluralin A 

HAP 593602 Vinyl bromide A 

HAP 75014 Vinyl chloride A 

81812 Warfarin A 

129066 Warfarin sodium A 

1314847 Zinc phosphide A 

HAP 1120714 1,3-Propane sultone B 

HAP 95807 2,4-Toluene diamine B 

HAPs 132274 2-Biphenylol sodium salt B 

HAPs 60153493 3-(N-Nitrosomethylamine) (Propionitrile) B 

HAP 60355 Acetamide B 

7664417 Ammonia B 

HAPs 115286 Chlorendic acid B 

HAPs 108171262 Chlorinated paraffins (C12, 60% chlorine) B 

HAP 510156 Chlorobenzilate (ethyl-4,4'-dichlorobenzilate) B 

HAPs 117102 Chrysazin (Dorbane) B 

HAPs 2646175 CI Solvent Orange 2 B 

1464535 Diepoxybutane B 

HAP 64675 Diethyl sulfate B 

1642542 Diethylchlorophosphate B 

HAP 60117 Dimethyl aminoazobenzene B 

HAP 79447 Dimethyl carbamoyl chloride B 

HAPs 2475458 Disperse Blue 1 B 

HAP 51796 Ethyl carbamate (Urethane) B 

HAP 75343 Ethylidene dichloride (1,1-Dichloroethane) B 

144490 Fluoracetic acid B 

HAP 680319 Hexamethylphosphoramide B 

55914 Isofluorphate B 

HAPs 64091914 Ketone, 3-pyridyl-3-(N-methyl-N-nitrosoamino) 

propyl 

B 

16752775 Methomyl B 

79221 Methyl chloroformate B 

HAP 108101 Methyl isobutyl ketone (MIBK) (Hexone) B 

HAPs 78988 Methylglyoxal B 

HAP 108394 m-Cresol B 

HAP 91203 Naphthalene B 

HAPs Nitrilotriacetic acid, Ca-, Na-, K salts B 

HAP 59892 N-Nitrosomorpholine B 

HAP 684935 N-nitroso-N-methylurea B 

23135220 Oxamyl B 

HAP 95487 o-Cresol B 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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CAS Toxics BIN 

732116 Phosmet B 

HAP 85449 Phthalic anhydride B 

107448 Sarin B 

7664939 Sulfuric acid B 

77816 Tabun B 

110576 Trans 1,4-dichlorobutene B 

HAP 71556 1,1,1-Trichloroethane (Methyl chloroform) C 

HAP 540841 2,2,4-Trimethylpentane C 

540885 Tertiary Butyl Acetate C 

HAP 95954 2,4,5-Trichlorophenol C 

HAP 53963 2-Acetylaminofluorene C 

HAP 92933 4-Nitrobiphenyl C 

HAP 100027 4-Nitrophenol C 

HAP 98862 Acetophenone C 

814686 Acrylyl chloride C 

54626 Aminopterin C 

78535 Amiton C 

3734972 Amiton oxalate C 

88051 Aniline,2,4,6-Trimethyl C 

1397940 Antimycin A C 

HAP 92524 Biphenyl C 

534076 Bis(chloromethyl)ketone C 

10294345 Boron trichloride C 

28772567 Bromodiolone C 

HAP 63252 Carbaryl C 

HAP 463581 Carbonyl sulfide C 

786196 Carbophenothion C 

470906 Chlorfenvinfos C 

24934916 Chlormephos C 

3691358 Chlorophacinone C 

1982474 Chloroxuron C 

21923239 Chlorthiophos C 

56724 Coumaphos C 

5836293 Coumatetralyl C 

535897 Crimidine C 

675149 Cyanuric fluoride C 

66819 Cyclohexamide C 

108918 Cyclohexylamine C 

919868 Demeton-s-methyl C 

10311849 Dialifor C 

HAP 132649 Dibenzofurans C 

HAP 84742 Dibutyl phthalate C 

149746 Dichloromethylphenylsilane C 

HAP 131113 Dimethyl phthalate C 

75183 Dimethyl sulfide (Methyl sulfide) C 

2524030 Dimethylphosphorochloridothioate C 

99989 Dimethyl-p-phenylenediamine C 

644644 Dimetilan C 

1420071 Dinoterb C 

82666 Diphacinone C 

541537 Dithiobiuret C 

2778043 Endothion C 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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CAS Toxics BIN 

13194484 Ethoprophos (Ethoprop) C 

2642719 Ethyl azinphos C 

HAP 100414 Ethyl benzene (Phenylethane) C 

538078 Ethyl bis (2-chloroethyl)amine C 

HAP 75003 Ethyl chloride (Chloroethane) C 

107153 Ethylene diamine C 

371620 Ethylene fluorohydrin C 

HAP 107211 Ethylene glycol C 

542905 Ethylthiocyanate C 

122145 Fenitrothion C 

4301502 Fluenetil C 

7782414 Fluorine C 

640197 Fluoroacetamide C 

359068 Fluoroacetyl chloride C 

23422539 Formotanate hydrochloride C 

2540821 Formothion C 

17702577 Formparanate C 

21548323 Fosthietan C 

3878191 Fuberidazole C 

4835114 Hexamethylenediamine, N,N-dibutyl C 

HAP 110543 Hexane C 

HAP 123319 Hydroquinone C 

297789 lsobenzan C 

108236 Isopropyl chlorformate C 

625558 Isopropyl formate C 

119380 Isopropylmethylpyrazolyl dimethylcarbamate 

(Isolan) 

C 

21609905 Leptophos C 

HAP 108316 Maleic anhydride C 

HAP 67561 Methanol (Methyl alcohol) C 

2032657 Methiocarb C 

624920 Methyl disulfide C 

556616 Methyl isothiocyanate C 

HAP 80626 Methyl methacrylate C 

3735237 Methyl phenkapton C 

78944 Methyl vinyl ketone (3-butene-2-one) C 

315184 Mexacarbate C 

HAP 1634044 MTBE (Methyl tertiary butyl ether) C 

HAP 108383 m-Xylene C 

1122607 Nitrocyclohexane C 

991424 Norbormide C 

HAPs 615532 N-nitroso-N-methylurethane C 

2497076 Oxydisulfoton C 

- Ozone depleting compounds (CFC, etc.) C 

HAP 95476 o-Xylene C 

79210 Peracetic acid C 

HAP 108952 Phenol C 

64006 Phenol,3-(1-methylethyl)-methylcarbamate C 

947024 Phosfolan C 

13171216 Phosphamidon C 

110894 Piperidine C 

23505411 Pirimifos-ethyl C 

2631370 Promecarb C 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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CAS Toxics BIN 

106967 Propargyl bromide C 

HAP 123386 Propionaldehyde C 

140761 Pyridine, 2-methyl-5-vinyl C 

53558251 Pyriminil C 

HAP 106503 p-Phenylenediamine C 

HAP 106423 p-Xylene C 

60413 Strychnine sulfate C 

HAP 100425 Styrene C 

HAP 96093 Styrene oxide C 

7446119 Sulfur trioxide C 

297972 Thionazin (O,O-Diethyl-O-(2- 

pyrazinyl)phosphorothioate) 

C 

79196 Thiosemicarbizide C 

HAP 7550450 Titanium tetrachloride C 

HAP 108883 Toluene C 

HAP 79016 Trichloroethylene (TCE) C 

555771 Tris(2-chloroethyl)amine C 

2001958 Valinomycin C 

HAP 108054 Vinyl acetate C 

HAP 1330207 Xylene (and mixed isomers) C 

28347139 Xylylene dichloride C 

APPENDIX B 

Non-criteria Reportable Pollutants (Sorted by CAS Number) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS Toxics BIN 

HAP - Lindane (all isomers of hexachlorocyclohexane) A 

- Thallium compounds A 

HAPs - Nitrilotriacetic acid, Ca-, Na-, K salts B 

- Ozone depleting compounds (CFC, etc.) C 

HAP 0 Antimony compounds A 

HAP 0 Arsenic compounds A 

HAP 0 Beryllium compounds A 

HAP 0 Cadmium compounds A 

HAP 0 Chromium compounds (incl. 6+ compounds, 

etc.) 

A 

HAP 0 Cobalt compounds (as cobalt metal dust and 

fumes) 

A 

HAP 0 Coke Oven Emissions A 

HAP 0 Cyanide compounds A 

HAP 0 Fine mineral fibers A 

HAP 0 Glycol ethers A 

HAP 0 Lead compounds (except elemental lead) A 

HAP 0 Manganese compounds A 

HAP 0 Mercury compounds A 

HAP 0 Nickel compounds (incl. nickel subsulfide) A 

HAP 0 Polycyclic Organic Matter A 

HAP 0 Radionuclides (including radon) A 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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CAS Toxics BIN 

HAP 0 Selenium compounds A 

HAP 50000 Formaldehyde A 

HAP 51285 2,4-Dinitrophenol A 

HAP 51796 Ethyl carbamate (Urethane) B 

HAP 53963 2-Acetylaminofluorene C 

540885 Tertiary Butyl Acetate C 

54115 Nicotine A 

54626 Aminopterin C 

HAPs 55185 N-Nitrosodiethylamine A 

55914 Isofluorphate B 

HAPs 55981 1,4-Butanediol dimethanesulphonate A 

HAP 56235 Carbon tetrachloride A 

HAP 56382 Parathion A 

56724 Coumaphos C 

HAP 57147 1,1-Dimethyl hydrazine A 

57249 Strychnine A 

HAP 57578 Propiolactone, beta A 

HAP 57749 Chlordane A 

HAP 59892 N-Nitrosomorpholine B 

HAP 60117 Dimethyl aminoazobenzene B 

HAP 60344 Methyl hydrazine A 

HAP 60355 Acetamide B 

60413 Strychnine sulfate C 

60515 Dimethoate A 

HAPs 60571 Dieldrin A 

HAP 62533 Aniline A 

HAP 62737 Dichlorvos A 

62748 Sodium fluoroacetate A 

HAP 62759 N-Nitrosodimethylamine A 

HAP 63252 Carbaryl C 

64006 Pheno1,3-(1-methylethyl)-methylcarbamate C 

HAP 64675 Diethyl sulfate B 

66819 Cyclohexamide C 

HAP 67561 Methanol (Methyl alcohol) C 

HAP 67663 Chloroform (Trichloromethane) A 

HAP 67721 Hexachloroethane A 

HAP 68122 Dimethylformamide A 

HAP 71432 Benzene A 

HAP 71556 1,1,1-Trichloroethane (Methyl chloroform) C 

72208 Endrin A 

HAP 72435 Methoxychlor A 

HAP 74839 Methyl bromide (Bromomethane) A 

HAP 74873 Methyl chloride (Chloromethane) A 

HAP 74884 Methyl iodide (lodomethane) A 

74931 Methyl mercaptan (Methanethiol) A 

HAP 75003 Ethyl chloride (Chloroethane) C 

HAP 75014 Vinyl chloride A 

HAP 75058 Acetonitrile A 

HAP 75070 Acetaldehyde A 

HAP 75092 Methylene chloride (Dichloronnethane) A 

HAP 75150 Carbon disulfide A 

75183 Dimethyl sulfide (Methyl sulfide) C 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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CAS Toxics BIN 

HAP 75218 Ethylene oxide A 

HAP 75252 Bromoform A 

HAP 75343 Ethylidene dichloride (1,1-Dichloroethane) B 

HAP 75354 1,1-Dichloroethylene (Vinylidene chloride) A 

HAP 75445 Phosgene A 

HAP 75558 1,2-Propylenimine (2-Methyl aziridine) A 

HAP 75569 Propylene oxide A 

HAP 76448 Heptachlor A 

HAP 77474 Hexachlorocyclopentadiene A 

HAP 77781 Dimethyl sulfate A 

77816 Tabun B 

78342 Dioxathion A 

78535 Amiton C 

HAP 78591 Isophorone A 

HAP 78875 Propylene dichloride (1,2-Dichloropropane) A 

78944 Methyl vinyl ketone (3-butene-2-one) C 

HAPs 78988 Methylglyoxal B 

HAP 79005 1,1,2-Trichloroethane A 

HAP 79016 Trichloroethylene (TCE) C 

HAP 79061 Acrylamide A 

HAP 79107 Acrylic acid A 

HAP 79118 Chloroacetic acid A 

79196 Thiosemicarbizide C 

79210 Peracetic acid C 

79221 Methyl chloroformate B 

HAP 79345 1,1,2,2-Tetrachloroethane A 

HAP 79447 Dimethyl carbamoyl chloride B 

HAP 79469 2-Nitropropane A 

HAP 80626 Methyl methacrylate C 

81812 Warfarin A 

82666 Diphacinone C 

HAP 82688 Pentachloronitrobenzene (Quintobenzene) A 

HAP 84742 Dibutyl phthalate C 

HAP 85449 Phthalic anhydride B 

86500 Methyl azinphos A 

86884 ANTU (alpha-naphthylthiourea) A 

HAP 87683 Hexachlorobutadiene A 

HAP 87865 Pentachlorophenol A 

88051 Aniline,2,4,6-Trimethyl C 

HAP 88062 2,4,6-Trichlorophenol A 

HAP 90040 o-Anisidine A 

91087 2,6-Toluene diisocyanate A 

HAP 91203 Naphthalene B 

HAP 91225 Quinoline A 

HAP 91941 3,3-Dichlorobenzidene A 

HAP 92524 Biphenyl C 

HAP 92671 4-Aminobiphenyl A 

HAP 92875 Benzidine (p-Diamino diphenyl) A 

HAP 92933 4-Nitrobiphenyl C 

HAP 94757 2,4-D, salts and esters (2,4- 

Dichlorophenoxyacetic acid) 

A 

HAP 95476 o-Xylene C 

HAP 95487 o-Cresol B 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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CAS Toxics BIN 

HAP 95534 o-Toluidine A 

HAP 95807 2,4-Toluene diamine B 

HAP 95954 2,4,5-Trichlorophenol C 

HAP 96093 Styrene oxide C 

HAP 96128 1,2-Dibromo-3-chloropropane A 

HAP 96457 Ethylene thiourea A 

HAP 98077 Benzotrichloride A 

HAP 98828 Cumene A 

HAP 98862 Acetophenone C 

98873 Benzal chloride [(Dichloromethyl)benzene; 

benzylidenechloride] 

B 

HAP 98953 Nitrobenzene A 

99989 Dimethyl-p-phenylenediamine C 

HAP 100027 4-Nitrophenol C 

HAP 100414 Ethyl benzene (Phenylethane) C 

HAP 100425 Styrene C 

HAP 100447 Benzyl chloride, (Chloromethyl)benzene A 

HAP 101144 4,4-Methylene bis (2-chloroaniline) A 

HAP 101688 Methylene diphenyl diisocyanate (MDI) A 

HAP 101779 4,4-Methylenedianiline A 

HAP 106423 p-Xylene C 

HAP 106445 p-Cresol A 

HAP 106467 1,4-Dichlorobenzene A 

HAP 106503 p-Phenylenediamine C 

HAP 106514 Quinone A 

HAP 106887 1,2-Epoxybutane A 

HAP 106898 Epichlorohydrin (1-Chloro-2,3-epoxypropane) A 

HAP 106934 Ethylene dibromide (1,2-Dibromoethane) A 

106967 Propargyl bromide C 

HAP 106990 1,3-Butadiene A 

HAP 107028 Acrolein A 

HAP 107051 Allyl chloride A 

HAP 107062 Ethylene dichloride (1,2-Dichloroethane) A 

107073 Chloroethanol A 

HAP 107131 Acrylonitrile A 

107153 Ethylene diamine C 

107186 Allyl alcohol A 

HAP 107211 Ethylene glycol C 

HAP 107302 Chloromethyl methyl ether A 

107448 Sarin B 

107493 TEPP (Tetraethyldithiopyrophosphate) A 

HAP 108054 Vinyl acetate C 

HAP 108101 Methyl isobutyl ketone (MIBK) (Hexone) B 

108236 Isopropyl chlorformate C 

HAP 108316 Maleic anhydride C 

HAP 108383 m-Xylene C 

HAP 108394 m-Cresol B 

HAP 108883 Toluene C 

HAP 108907 Chlorobenzene A 

108918 Cyclohexylamine C 

HAP 108952 Phenol C 

108985 Thiophenol (Phenyl mercaptan) A 

110009 Furan A 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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CAS Toxics BIN 

HAP 110543 Hexane C 

110576 Trans 1,4-dichlorobutene B 

110894 Piperidine C 

HAP 111422 Diethanolamine A 

HAP 111444 Dichloroethyl ether (Bis(2-chloroethyl)ether) A 

HAP 114261 Propoxur (Baygon) A 

115264 Dimefox A 

HAPs 115286 Chlorendic acid B 

115297 Endosulfan A 

115902 Fensulfothion A 

116063 Aldicarb (Temik) A 

HAPs 117102 Chrysazin (Dorbane) B 

HAP 117817 Bis(2-ethylhexyl) phthalate (DEHP) (Dioctyl 

phthalate) 

A 

HAP 118741 Hexachlorobenzene A 

119380 Isopropylmethylpyrazolyl dimethylcarbamate 

(Isolan) 

C 

HAP 119904 3,3-Dimethoxybenzidine A 

HAP 119937 3,3'-Dimethyl benzidine A 

HAP 120809 Catechol A 

HAP 120821 1,2,4-Trichlorobenzene A 

HAP 121142 2,4-Dinitrotoluene A 

HAP 121448 Triethylamine A 

HAP 121697 N,N-Diethyl aniline (N,N-Dimethylaniline) A 

122145 Fenitrothion C 

HAPs 122601 Phenyl glyceryl ether (3 phenoxy 1,2 

propanediol) 

A 

HAP 122667 1,2-Diphenylhydrazine A 

HAP 123319 Hydroquinone C 

HAP 123386 Propionaldehyde C 

123739 Crotonaldehyde (E) A 

HAP 123911 1,4-Dioxane (1,4-Diethyleneoxide) A 

126987 Methacrylonitrile A 

HAP 126998 Chloroprene (2-Chloro-1,3-butadiene) A 

HAP 127184 Perchloroethylene (Tetrachloroethylene) A 

129066 Warfarin sodium A 

HAP 131113 Dimethyl phthalate C 

131522 Sodium pentachlorophenate A 

HAPs 132274 2-Biphenylol sodium salt B 

HAP 132649 Dibenzofurans C 

HAP 133062 Captan A 

HAP 133904 Chloramben (3-amino-2,5-dichloro benzoic acid) A 

140761 Pyridine, 2-methyl-5-vinyl C 

HAP 140885 Ethyl acrylate A 

141662 Dicrotophos A 

144490 Fluoracetic acid B 

149746 Dichloromethylphenylsilane C 

HAP 151564 Ethylene imine (Aziridine) A 

152169 Diphosphoramide, octamethyl A 

HAP 156627 Calcium cyanamide A 

297789 lsobenzan C 

297972 Thionazin (O,O-Diethyl-O-(2- 

pyrazinyl)phosphorothioate) 

C 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 64 

CAS Toxics BIN 

298000 Parathion-methyl A 

298022 Phorate A 

298044 Disulfoton A 

HAP 302012 Hydrazine A 

HAPs 309002 Aldrin A 

315184 Mexacarbate C 

HAP 334883 Diazomethane A 

359068 Fluoroacetyl chloride C 

371620 Ethylene fluorohydrin C 

HAP 463581 Carbonyl sulfide C 

465736 Isodrin A 

470906 Chlorfenvinfos C 

505602 Mustard gas (Dichlorodiethyl sulfide) A 

509148 Tetranitromethane A 

HAP 510156 Chlorobenzilate (ethyl-4,4'-dichlorobenzilate) B 

HAP 532274 2-Chloroacetophenone A 

534076 Bis(chloromethyl)ketone C 

HAP 534521 4,6-Dinitro o-cresol, and salts A 

535897 Crimidine C 

538078 Ethyl bis (2-chloroethyl)amine C 

HAP 540841 2,2,4-Trimethylpentane C 

541537 Dithiobiuret C 

HAP 542756 1,3-Dichloropropene A 

HAP 542881 Bischloromethyl ether A 

542905 Ethylthiocyanate C 

555771 Tris(2-chloroethyl)amine C 

556616 Methyl isothiocyanate C 

563122 Ethion A 

HAP 584849 2,4-Toluene diisocyanate A 

HAP 593602 Vinyl bromide A 

HAPs 615532 N-nitroso-N-methylurethane C 

HAP 624839 Methyl isocyanate A 

624920 Methyl disulfide C 

625558 Isopropyl formate C 

640197 Fluoroacetamide C 

644644 Dimetilan C 

675149 Cyanuric fluoride C 

HAP 680319 Hexamethylphosphoramide B 

HAP 684935 N-nitroso-N-methylurea B 

732116 Phosmet B 

786196 Carbophenothion C 

814686 Acrylyl chloride C 

HAP 822060 Hexamethylene-1,6-diisocyanate A 

919868 Demeton-s-methyl C 

HAPs 924163 N-Nitroso-di-n-butylamine A 

944229 Fonofos A 

947024 Phosfolan C 

950107 Mephosfolan A 

950378 Methidathion A 

991424 Norbormide C 

HAP 1120714 1,3-Propane sultone B 

1122607 Nitrocyclohexane C 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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CAS Toxics BIN 

1314847 Zinc phosphide A 

HAP 1319773 Cresylic acid/Cresols A 

HAP 1330207 Xylene (and mixed isomers) C 

HAP 1332214 Asbestos A 

HAP 1336363 Polychlorinated biphenyls (PCBs) (Aroclors) A 

1397940 Antimycin A C 

HAPs 1402682 Aflatoxins A 

1420071 Dinoterb C 

1464535 Diepoxybutane B 

1563662 Carbofuran A 

HAP 1582098 Trifluralin A 

HAP 1634044 MTBE (Methyl tertiary butyl ether) C 

1642542 Diethylchlorophosphate B 

HAP 1746016 2,3,7,8-TCDD (Dioxin) A 

1910425 Paraquat A 

1982474 Chloroxuron C 

2001958 Valinomycin C 

2032657 Methiocarb C 

2074502 Paraquat methosulfate A 

HAPs 2475458 Disperse Blue 1 B 

2497076 Oxydisulfoton C 

2524030 Dimethylphosphorochloridothioate C 

2540821 Formothion C 

2631370 Promecarb C 

2642719 Ethyl azinphos C 

HAPs 2646175 CI Solvent Orange 2 B 

2778043 Endothion C 

HAP 3547044 DDE (Dichlorodiphenyldichloroethylene) A 

3689245 Sulfotep A 

3691358 Chlorophacinone C 

3734972 Amiton oxalate C 

3735237 Methyl phenkapton C 

3878191 Fuberidazole C 

4098719 lsophorone diisocyanate A 

4170303 Crotonaldehyde A 

4301502 Fluenetil C 

4835114 Hexamethylenediamine, N,N-dibutyl C 

5836293 Coumatetralyl C 

7446119 Sulfur trioxide C 

HAP 7550450 Titanium tetrachloride C 

HAPs 7644410 1,4-Dichloro-2-butene A 

HAP 7647010 Hydrochloric acid (Hydrogen chloride) A 

HAP 7664393 Hydrogen fluoride (Hydrofluoric acid) A 

7664417 Ammonia B 

7664939 Sulfuric acid B 

7697372 Nitric acid A 

HAP 7723140 Phosphorous A 

7726956 Bromine A 

7782414 Fluorine C 

HAP 7782505 Chlorine A 

7783064 Hydrogen sulfide A 

7786347 Mevinphos A 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 66 

CAS Toxics BIN 

HAP 7803512 Phosphine A 

HAP 8001352 Toxaphene (Camphechlor) A 

8065483 Demeton A 

10265926 Methamidophos A 

10294345 Boron trichloride C 

10311849 Dialifor C 

13071799 Terbufos A 

13171216 Phosphamidon C 

13194484 Ethoprophos (Ethoprop) C 

13494809 Tellurium A 

16752775 Methomyl B 

17702577 Formparanate C 

19287457 Diborane A 

20859738 Aluminum phosphide A 

21548323 Fosthietan C 

21609905 Leptophos C 

21923239 Chlorthiophos C 

22224926 Fenaminophos (Fenamiphos) A 

23135220 Oxamyl B 

23422539 Formotanate hydrochloride C 

23505411 Pirimifos-ethyl C 

24934916 Chlormephos C 

28347139 Xylylene dichloride C 

28772567 Bromodiolone C 

53558251 Pyriminil C 

HAPs 60153493 3-(N-Nitrosomethylamine) (Propionitrile) B 

HAPs 64091914 Ketone, 3-pyridyl-3-(N-methyl-N-nitrosoamino) 

propyl 

B 

HAPs 108171262 Chlorinated paraffins (C12, 60% chlorine) B 

PART B CONCERNING CONSTRUCTION PERMITS 

I. Applicability 

I.A. The provisions of this Part B shall apply statewide. All sources that did not commence 

construction or operation prior to February 1, 1972, are required to have a construction permit 

except as specified in Section II. 

II. General Requirements For Construction Permits 

II.A. General Considerations 

II.A.1. Except where specifically authorized by the terms of this Regulation Number 3, no 

person shall commence construction of any stationary source or modification of a 

stationary source without first obtaining or having a valid construction permit from the 

Division. 

II.A.2. Any permit that has been issued pursuant to a prior regulation of the Commission, 

with respect to a project or the operation thereof, shall continue in full force and effect 

for the purpose for that it was originally issued, unless this current regulation no 

longer requires such permit, in that case the permit can be rescinded upon request of 

the owner or operator of the permitted source. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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II.A.3. Any orders or decisions of the Division shall be final upon issuance, according to 

Section III.F.3. of this Part B. 

II.A.4. 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. 

II.A.5. Construction permits are required for hazardous air pollutants if: 

II.A.5.a. The source is subject to Colorado Maximum Achievable Control Technology 

or Generally Available Control Technology; or 

II.A.5.b. The source is subject to Federal National Emission Standards for Hazardous 

Air Pollutants; or 

II.A.5.c. The source is subject to Federal Maximum Achievable Control Technology or 

Generally Available Control Technology standards; or 

II.A.5.d. The source is subject to Regulation Number 8, Part E, where the more 

specific requirements of Regulation Number 8, Part E, take precedence over 

requirements in this regulation. 

II.A.6. Owners or operators of sources that have valid operating permits in accordance with 

Part C of this regulation may construct or modify such source without obtaining a 

construction permit prior to construction or modification, provided the construction or 

modification qualifies for a minor permit modification or for operational flexibility, and 

the applicable provisions as set forth in Sections X., Xl., or XII. of Part C are met. In 

addition, all applicable requirements that are related to construction permit approval 

and that are set forth in Sections III.D.1.a. through III.D.1.g. of this Part B remain in 

effect. 

II.A.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. 

II.B. Transfer or Assignment of Ownership 

If transfer or assignment of ownership or operation of an air pollution emission source permitted 

pursuant to this Part B is anticipated, the prospective owner or operator shall apply to the Division on 

Division supplied administrative permit amendment forms for reissuance of the existing permit. 

Section III. of Part A of this regulation governs the administrative permit amendment procedures 

required for transfer or assignment of ownership. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 68 

In accordance with the provisions of this section, the permit shall be reissued upon completion of the 

transfer or assignment if the applicant certifies that no change is contemplated that might constitute a 

new or modified air pollution source. In no event shall the new owner or operator of a source that 

was subject to the requirements of these regulations prior to the transfer or assignment be relieved of 

the obligation to comply with such requirements by reason of a transfer. Such transfers are subject to 

all applicable permit processing and inspection fees. 

If a company is changing its name only, the owner or operator shall apply to the Division, on Division 

supplied administrative permit amendment forms, for reissuance of the existing permit. Section III. of 

Part A, governs the administrative permit amendment procedures required for identifying a change in 

name. If all other procedures and information as stated in the last submitted Air Pollutant Emission 

Notice(s) remains unchanged, only one Air Pollutant Emission Notice need be submitted for each 

stationary source, indicating the name change. 

No administrative permit amendment for transfer or assignment of ownership of a source shall be 

complete until a written agreement containing a specific date for transfer of permit, responsibility, 

coverage and liability between the current and new permittee is received by the Division. 

II.C. Portable Sources 

A permitted portable source (e.g., asphalt plants, crushers, etc.) shall have its permit number 

permanently and prominently displayed on each major component of equipment that is a part of that 

portable source. 

II.D. Exemption from Construction Permit Requirements 

None of the exemptions listed below in Sections II.D.1. through II.D.4. shall apply if a source is 

subject to Part A of Regulation Number 6 (New Source Performance Standards) and/or Regulation 

Number 8 (Hazardous Air Pollutants), Parts A,C, D, and E. Permit exemptions taken under this 

section do not affect the applicability of the regulations to the source. 

An applicant may not omit any information regarding APEN or permit exempt emission units in any 

application if such information is needed to determine the applicability of Title V (Part C of this 

Regulation Number 3), Prevention of Significant Deterioration (Section VI. of Part D of this Regulation 

Number 3), or Nonattainment New Source Review (Section V. of Part D of this Regulation Number 3). 

II.D.1. The following sources are exempt because by themselves or cumulatively as a 

category are deemed to have a negligible impact on air quality: 

II.D.1.a.Those sources exempted from the filing of Air Pollutant Emission Notices in 

Section II.D. of Part A, of this regulation. 

II.D.1.b.Containers, reservoirs, or tanks used exclusively for dipping operations for 

coating objects with oils, waxes, greases, or natural or synthetic resins 

containing no organic solvents. 

II.D.1.c. Stationary Internal Combustion Engines that: 

II.D.1.c.(i) Are Power portable drilling rigs; or 

II.D.1.c.(ii) Are emergency power generators that operate no more than 

two hundred and fifty hours per year; or 

II.D.1.c.(iii) Have uncontrolled actual emissions less than five tons per 

year or manufacturer's site-rated horsepower of less than fifty. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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II.D.1.d.The collection, transmission, liquid treatment, and solids treatment processes 

at domestic wastewater treatment works, or treatment facilities that treat only 

domestic type wastewater, except for combustion processes. 

II.D.1.e.Each individual piece of fuel burning equipment, other than smokehouse 

generators, that uses gaseous fuel, and that has a design rate less than or 

equal to ten million British thermal units per hour. 

II.D.1.f. Gasoline stations located in ozone attainment areas, except for stations 

located in the Denver 1-hour ozone attainment/maintenance area. 

II.D.1.g.Surface mining activities that mine seventy thousand tons or fewer of product 

material per year. A fugitive dust control plan is required for such sources. 

Crushers, screens and other processing equipment activities are not included 

in this exemption. 

II.D.1.h.Composting piles, however, all odor requirements of Regulation Number 2 

must be met. 

II.D.1.i. Commercial and product quality control laboratory equipment. 

II.D.1.j. Fires and equipment used for noncommercial cooking of food for human 

consumption and for cooking of food for human consumption at commercial 

food service establishments. 

II.D.1.k. Petroleum industry flares, not associated with refineries, combusting natural 

gas containing no hydrogen sulfide except in trace (less than five hundred 

parts per million weight) amounts, approved by the Colorado Oil and Gas 

Conservation commission and having uncontrolled emissions of any pollutant 

of less than five tons per year. 

11.D.1.1. Crude oil truck loading equipment at exploration and production sites where 

the loading rate does not exceed 10,000 gallons of crude oil per day 

averaged on an annual basis. Condensate truck loading equipment at 

exploration and production sites that splash fill less than 6750 barrels of 

condensate per year or that submerge fill less than 16308 barrels of 

condensate per year. Crude oil or condensate loading truck equipment at 

crude oil production sites where the loading rate does not exceed 10,000 

gallons per day averaged over any thirty-day period. 

II.D.1.m.Oil and gas production wastewater impoundments (including produced water 

tanks) containing less than one percent by volume crude oil on an annual 

average, with the exception of commercial facilities that accept oil and gas 

production wastewater for processing. 

II.D.1.n.Crude oil storage tanks with a capacity of 40,000 gallons or less. 

II.D.2. Facilities located in a nonattainment area for any criteria pollutant for which the area 

is nonattainment; with total facility uncontrolled actual emissions (potential emissions 

at actual operating hours) that are less than the following amounts: 

II.D.2.a.Two tons per year volatile organic compounds. 

II.D.2.b.One ton per year PM10. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.D.2.c. One ton per year PM2.5. 

II.D.2.d. Five tons per year total suspended particulate. 

II.D.2.e. Five tons per year carbon monoxide. 

II.D.2.f. Five tons per year sulfur dioxide. 

II.D.2.g.Five tons per year nitrogen oxides. 

II.D.2.h.Two hundred pounds per year lead. 

For purposes of calculating total facility uncontrolled actual emissions, only those individual 

(or grouped) emission points requiring Air Pollutant Emission Notices are to be considered. 

II.D.3. Facilities located in attainment or attainment/maintenance areas for all criteria 

pollutants with total facility uncontrolled actual emissions less (potential emissions at 

actual operating hours) than the following amounts: 

II.D.3.a. Five tons per year volatile organic compounds. 

II.D.3.b.Five tons per year PM10. 

II.D.3.c. Five tons per year PM2.5. 

II.D.3.d.Ten tons per year total suspended particulate. 

II.D.3.e.Ten tons per year carbon monoxide. 

II.D.3.f. Ten tons per year sulfur dioxide. 

II.D.3.g.Ten tons per year nitrogen oxides. 

II.D.3.h.Two hundred pounds per year lead. 

For purposes of calculating total facility uncontrolled actual emissions, only those individual 

(or grouped) emission points requiring Air Pollutant Emission Notices are to be considered. 

II.D.4. Facilities that emit any other criteria pollutant that is not listed in Sections II.D.2. and 

II.D.3., above (fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, 

reduced sulfur compounds, and municipal waste combustor emissions), with total 

facility uncontrolled actual emissions of such pollutants that are less than two tons 

per year. 

II.D.5. When a facility that was previously exempt from permit requirements exceeds one of 

the permit de minimis levels stated in Sections II.D.2. through II.D.4., above, due to 

the addition of new emission points, the Division will issue either a facility-wide permit 

for all non-grandfathered emission units above Air Pollutant Emission Notice de 

minimis levels, or individual emission permits for those emission units. 

11.0.6. All incinerators require a permit as stated in Regulation Numberl, Section III.B.1. 

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II.D.7. Oil and gas exploration and production operations that are addressed under Section 

11.D.1 .111. of this Regulation Number 3, Part A, and that are required to obtain a 

construction permit, are not required to file an application for a construction permit 

until they are required to file an Air Pollutant Emission Notice, as set forth in Section 

II.D.1 .111. The application shall include a list of all applicable requirements, and how 

the requirements will be met until a construction permit is issued. 

II.D.8. Any person may request the Division to add source categories to the permit 

exemption list, in accordance with the procedures set forth in Section II.D.4. of Part A 

of this regulation. 

II.D.9. Sources with a valid operating permit are not required to obtain a construction permit 

prior to commencing construction or modification, as set forth in Section II.A.6. of this 

Part B. 

III. Construction Permit Review Procedures 

III.A. Option for Pre Application Meeting 

Prior to submitting an application for a permit, an applicant may request and, if so requested, the 

Division shall grant, a pre-application meeting with the applicant. At such meeting, the Division shall 

advise the applicant of the applicable permit requirements, including the information, plans, 

specifications and the data required to be furnished with the permit application. 

III.B. Application for a Construction Permit 

III.B.1 . An application for a Construction Permit shall be prepared on forms currently 

supplied by the Division. 

III.B.2. Applications for Construction Permits, and modifications to Construction Permits, 

must include an Air Pollutant Emission Notice. 

11 I.B.3. Applications shall be signed by a person legally authorized to act on behalf of the 

applicant. The applicant shall furnish all information and data required by the 

Division to evaluate the permit application and to make its preliminary analysis in 

accordance with Section 11 1.6.5. of this part. 

111.8.4. An application for a Construction Permit will not be deemed to be complete until all 

information and data required to evaluate the application have been submitted to the 

Division. Within sixty calendar days after the receipt of an application or any 

supplemental information timely requested by the Division, the Division will give 

notice to the applicant if and in what respect the application is incomplete. If the 

Division fails to notify an applicant that the application is incomplete within sixty 

calendar days of receipt of the original application or receipt of the requested 

supplemental information, the application shall be deemed to have been complete as 

of the day of receipt by the Division of the application or the last submitted 

supplemental information, whichever is later. 

111.6.5. Except for applications for sources subject to the requirements of Section VI. of Part 

D of this regulation (Prevention of Significant Deterioration), the Division shall 

prepare its preliminary analysis within sixty calendar days after receipt of a complete 

permit application. The preliminary analysis allows the Division to determine whether 

the new source will, at date of commencement of operation, comply with: 

III.B.5.a. All applicable emission control regulations, 

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III.B.5.b. Applicable regulations for the control of hazardous pollutants, 

III.B.5.c. Requirements of the nonattainment and attainment programs 

(Sections V. and VI. of Part D), and 

III.B.5.d. Any applicable ambient air quality standards and all applicable 

regulations. 

The preliminary analysis shall indicate what impact, if any, the new source will have 

(as of the projected date of commencement of operation) on all areas (attainment, 

attainment/maintenance, nonattainment, unclassifiable), within the probable area of 

influence of the proposed source. If so requested on the permit application form, a 

copy of this preliminary analysis shall be forwarded to the applicant postmarked no 

later than fifteen calendar days after the completion of the preliminary analysis. 

When the preliminary analysis includes modeling, the model used shall be an 

appropriate one given the topography, meteorology and other characteristics of the 

region that the source will impact. Use of any non-guideline model requires U.S. 

EPA approval under Section VIII.A. of Part A of this regulation. 

III.C. Public Comment and Hearing Requirements 

III.C.1. The following sources, unless exempted in Section III.C.2., below, are subject to 

public comment: 

III.C.1.a. Sources with projected controlled annual emissions of any pollutant 

for which an ambient air quality standard has been designated, where such 

emissions will be greater than twenty five tons per year if the source is 

located in a nonattainment area, fifty tons per year if the source is located in 

an attainment or attainment/maintenance area, or two hundred pounds per 

year of lead (for any area of the state). 

III.C.1.b. Sources for which preliminary analysis indicates a possible violation 

of Commission Regulation Number 2 (odor emissions). 

III.C.1.c. For hazardous air pollutants if: 

III.C.1.c.(i) The source is subject to Federal National Emission 

Standards for Hazardous Air Pollutants, 

III.C.1.c.(ii) The source is subject to Federal or Colorado Maximum 

Achievable Control Technology or Generally Available Control 

Technology standards, or 

III.C.1.c.(iii) The source is voluntarily applying for permit conditions to 

limit the source's potential to emit hazardous air pollutants. 

III.C.1.d. Sources subject to Sections V. or VI. of Part D of this regulation that 

are attempting to obtain a federally enforceable limit on the potential to emit 

of the source in order to avoid other requirements. 

III.C.1.e. Sources submitting an application for a BART determination or 

BART alternative pursuant to Regulation Number 3, Part F. 

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III.C.2. The following sources are generally not required to be subject to public comment, 

unless the Division determines that public comment is warranted pursuant to Section 

III.C.3. below: 

III.C.2.a. Sources of six months duration or less, except that public comment 

shall be required for all major sources of hazardous pollutants without regard 

to the duration of the operation of such source unless specifically exempted 

below. 

III.C.2.b. Demolition projects, even if asbestos materials are present, provided 

that all the requirements of Regulation Number 8 are followed for any and all 

materials suspected of containing asbestos. 

III.C.2.c. Construction or modification of sources in accordance with the minor 

modification and operational flexibility provisions of Sections X., Xl., and XII. 

of Part C of this regulation are subject to the public participation requirements 

of Part C. 

III.C.3. Sources for which a permit is required, but for which public comment is not required 

by Sections III.C.1., III.C.2.a., or III.C.2.b., above, are exempt from public comment 

requirements unless the Division determines that public comment is warranted. In 

making such determinations, the Division shall take into consideration the duration of 

the operation, its location, the nature and projected amount of emissions, anticipated 

public concern, and other relevant factors. 

III.C.4. When public comment is required by Section III.C.1., or when the Division 

determines, pursuant to Section III.C.3., that an application warrants public comment, 

the Division shall, within fifteen calendar days after the preparation of the preliminary 

analysis, cause public notice of the application to be published in a newspaper of 

general distribution in the area in which the proposed project or activity is or will be 

located, and by such other means necessary to assure notice to the affected public, 

that may include posting of such notice on the publicly accessible portion of the 

Division's web site, and cause a copy of the application, the preliminary analysis and 

the draft permit to be filed with the county clerk for each county in which the source 

is, or will be located. The Division shall send written or electronic notice to persons 

requesting notice of permit applications for the type of source or geographic area. 

For sources applying for a permit to limit the potential to emit criteria pollutants or 

federal hazardous air pollutants, the Division shall send a copy of the public notice 

and the draft permit to the U.S. EPA Administrator for comment. The Division shall 

also send a copy of the final permit approval to the U.S. EPA Administrator for 

comment. The newspaper notice and the Division's web site notice shall contain all 

of the following information in Sections III.C.4.a. through III.C.4.e., below: 

III.C.4.a. The location and nature of the proposed project or activity for which 

a construction permit application has been filed. 

III.C.4.b. The locations where the application and preliminary analysis are 

available for public inspection. 

III.C.4.c. That comments concerning the ability of the proposed project or 

activity to comply with the applicable standards and regulations of the 

Commission are solicited from any interested person. 

III.C.4.d. That the Division will receive and consider public comments for thirty 

calendar days after such publication. 

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III.C.4.e. The Division's preliminary determination of approval, conditional 

approval, or disapproval of the application. 

III.D. Construction Permit Review Requirements 

III.D.1. Requirements applicable to all construction permit applications (except that 

processing timeframes of combined construction/operating applications shall be as 

set forth in Part C, Section IV., of this Regulation Number 3). Within thirty calendar 

days following the completion of the Division's preliminary analysis for applications 

not subject to the public comment, within thirty calendar days following the period for 

public comment for applications subject to public comment, or if a public comment 

hearing is held, within thirty calendar days following such hearing, the Division shall 

grant the permit if it finds that: 

III.D.1.a. The proposed source or activity will meet all applicable emission 

control regulations and regulations for the control of hazardous air pollutants; 

III.D.1.b. As applicable, the proposed source or activity will meet the 

requirements of the attainment program as outlined in Section V. of Part D of 

this regulation, if any; 

III.D.1.c. The proposed source or activity will not cause an exceedance of any 

National Ambient Air Quality Standards; 

III.D.1.d. The source or activity will meet any applicable ambient air quality 

standards and all applicable regulations; 

III.D.1.e. As applicable, the proposed source or modification will meet the 

requirements of the prevention of significant deterioration program of Section 

VI. of Part D of this regulation. 

[Provided however, that the Division shall not deny a permit for failure of the 

proposed source to meet any applicable requirement of the state implementation 

plan where (1) there is pending an application for a revision to the state 

implementation plan pursuant to Colorado Revised Statute, Section 25-7-305 

(Alternative Emission Reduction) that, if adopted, would require the Division to grant 

the permit and (2) the applicant waives the time constraints on the Division to act on 

its application until the Commission has issued its final decision on the request for a 

state implementation plan revision and the U.S. EPA has acted on the proposed 

revision to the state implementation plan. In such circumstances, the Division shall 

delay its decision on the permit application until after final action on the request for 

revision of the state implementation plan (including action by the U.S. EPA)]; 

III.D.1.f.The fees required in Section VI. of Part A of this regulation have been paid; 

III.D.1.g. Permit approval shall not relieve any owner or operator of the 

responsibility to comply fully with applicable provisions of the state 

implementation plan and any other requirements under local, state, or federal 

law. 

III.D.2. RACT Requirements for new or modified Minor Sources (including new or modified 

minor emissions units at major stationary sources) of volatile organic compounds, 

carbon monoxide, nitrogen oxides, sulfur dioxide, and PM10 in nonattainment and 

attainment/maintenance areas: 

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III.D.2.a. Minor sources in designated nonattainment or 

attainment/maintenance areas that are otherwise not exempt pursuant to 

Section II.D. of this Part, shall apply Reasonably Available Control 

Technology for the pollutants for which the area is nonattainment or 

attainment/maintenance. 

III.D.2.b. In the Denver Metropolitan PM10 attainment/maintenance area, for 

any new minor source with a potential to emit forty tons per year or more of 

nitrogen oxides or sulfur dioxide, or a modification of an existing minor 

source with a net emissions increase of forty tons per year or more of 

nitrogen oxides or sulfur dioxide, the source will install Reasonably Available 

Control Technology. 

III.E. Permit Terms and Conditions 

The Division shall include such terms and conditions in any permit as it deems necessary for the 

proposed project or activity to qualify for the permit. 

III.F. Denial or Revocation of the Construction Permit 

III.F.1. If the Division determines that a source cannot comply with the provisions of Part B, 

Section III.D., of this regulation, the Division shall issue its written denial of the permit 

application stating the reasons for such denial. Any Division denial of a permit shall 

become final upon mailing of the denial notice to the applicant by certified mail. The 

applicant may appeal the Division's final denial of a permit as provided in Section 

III.F.3., below. 

III.F.2. Any applicant for a construction permit shall advise the Division in writing of any 

refusal to accept any permit condition imposed by the Division within twenty calendar 

days after receipt of the permit. Such refusal shall be deemed a denial of the permit 

application. 

III.F.3. If the Division denies a permit, imposes conditions upon a permit that are contested 

by the applicant, revokes a permit, or requires a permit from a source that may 

qualify for an exemption, the applicant or owner or operator of a source may request 

a hearing before the Commission for review of the Division's action. The request for 

a hearing must be filed with the Commission within thirty days after the issuance of 

the permit, denial or revocation. The hearing shall be heard in accordance with the 

provisions of Section 1.6.0. of the Commission's procedural rules, Colorado Revised 

Statute Sections 25-7-114.5(8), and 25-7-119, (Colorado Air Pollution Prevention and 

Control Act) and Section 24-4-105, (State Administrative Procedure Act). 

III.F.4. Initial Approval Expiration 

III.F.4.a. An initially approved permit shall expire if the owner or operator of 

the source for which the permit was issued: (i) does not commence 

construction or operation of the source within eighteen months after either 

the date of issuance of the permit or the date on which such construction or 

activity was scheduled to commence as set forth in the permit, whichever is 

later; (ii) discontinues construction for a period of eighteen months or more; 

or (iii) does not complete construction within a reasonable time of the 

estimated completion date. 

III.F.4.b. Upon a showing of good cause by the permittee, the Division may 

grant extensions of the permit not to exceed eighteen months per extension. 

Construction or operation shall commence or be resumed within a 

reasonable period of time from the granting of the extension. In determining 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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what constitutes good cause or a reasonable period of time, the Division 

shall consider the degree of construction already completed, the amount 

invested or legally committed to the project, whether an extension would 

prevent (e.g., through reservation of a Prevention Significant Deterioration 

increment) economic development in the affected area, general economic 

conditions, the health of the community as it affects the ability of the 

permittee to proceed, and other relevant factors. The Division shall notify the 

Commission of any requested extensions and the reason given for each 

request. 

III.G. Final Permit Approval 

III.G.1. Unless prior and mutually acceptable arrangements have been made, the applicant 

shall give notice to the Division within fifteen calendar days after the date on which 

commencement of operation takes place. 

III.G.2. Within 180 calendar days after commencement of operation, the source shall 

demonstrate to the Division compliance with the terms and conditions of the initial 

approval construction permit. The Division may inspect the source to determine 

whether or not the operating terms and conditions of the initial approval construction 

permit have been satisfied. At the end of 180 days, the Division must revoke the 

construction permit; or, continue the construction permit if applicable; or, notify the 

owner or operator that the source has demonstrated compliance with the construction 

permit. 

III.G.3. Before final approval of the permit is granted, the Division may require the applicant 

to conduct and pay for performance tests in accordance with methods approved by 

the Division. A test protocol shall be submitted to the Division for review and 

approval at least thirty days prior to testing. The Division may monitor such tests and 

may, at its expense, conduct its own performance tests. 

III.G.4. For sources that submit an application for an operating permit pursuant to Part C of 

this Regulation Number 3, including any application for a permit modification or 

permit renewal, prior to issuance of a final approval construction permit, upon 

demonstration by the source of compliance with all terms and conditions of the 

construction permit or a satisfactory final approval inspection, as required pursuant to 

this Section III.G., the Division may elect to either issue a final approval construction 

permit or allow the initial approval construction permit to continue in full force and 

effect. The Division shall provide written notice to the permittee of its election. 

III.G.5. If the Division determines that the terms and conditions of the permit have been 

satisfied, the Division shall issue in writing its final permit approval to the applicant, or 

shall incorporate the terms and conditions into an operating permit issued in 

accordance with Part C of this regulation. Otherwise, the Division shall revoke the 

permit. 

III.G.6. Final approval may be issued at the same time as initial approval for temporary 

sources of duration of one month or less. 

III.G.7. Prior to issuance of final approval, the applicant shall furnish: 

III.G.7.a. An operating and maintenance plan for all control equipment and 

control practices; and 

III.G.7.b. A proposed record keeping format for demonstrating compliance on 

an ongoing basis. 

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III.H. Permit Cancellation 

Whenever an owner or operator wishes to cancel a permit, the owner or operator shall notify the 

Division, using forms provided by the Division. 

111.1. General Construction Permits 

111.1.1. The Division may issue a general construction permit covering numerous similar 

sources to a source that would otherwise be required to obtain a construction permit 

pursuant to this Part B. Any general construction permit shall comply with all 

applicable requirements, including notice and opportunity for public participation 

where warranted for such sources. The Division may issue a general construction 

permit in accordance with one or more of the following considerations: 

III.1.1.a. The control equipment utilized by the sources; 

III.1.1.b. The design characteristics of the sources; 

111.1.1.c. The operational variability of the sources; 

III.1.1.d. The location of the sources. 

111.1.2. A source shall not perform any of the following without first obtaining a valid general 

construction permit from the Division pursuant to this provision, or a valid 

construction permit as otherwise required pursuant to Section III. of this Part B: 

III.1.2.a. Commence construction or modify any building, facility, structure, or 

installation; 

III.1.2.b. Install any machine, equipment, or other device; 

III.1.2.c. Commence the conduct of any such activity; 

III.1.2.d. Commence performance of any combinations thereof; or 

111.1.2.e. Commence operations of any of the same that will or do constitute a new 

stationary source. 

111.1.3. Administration 

III.1.3.a. General construction permits may be issued, modified, revoked and 

reissued, or terminated in accordance with the provisions of this regulation. 

III.1.3.b. Sources shall submit applications to be covered under the general 

construction permit on forms provided by the Division. 

III.1.3.c. Individual Permit Requirements 

III.1.3.c.(i) The Division may require any source authorized by a general 

construction permit to apply for and obtain an individual permit. 

Cases where an individual permit may be required include, but are 

not limited to, the following: 

III.1.3.c.(i)(A) A change has occurred in the availability of control 

technology or practices for the control or abatement of air pollutants 

applicable to the source; or 

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III.1.3.c.(i)(B) Circumstances have changed since the time of the request 

to be covered so that the source is no longer appropriately controlled 

under the general construction permit. 

III.1.3.c.(ii) Any source authorized by a general construction permit may 

request to be excluded from the coverage of the general construction 

permit by applying for an individual permit, as provided for under this 

regulation, Parts A and B. 

III.1.3.c.(iii) When the Division issues an individual permit to a source 

otherwise subject to a general construction permit, the applicability of 

the general construction permit to the individual permittee is 

automatically terminated on the effective date of the individual 

permit. 

III.1.3.c.(iv) A source excluded from a general construction permit solely 

because it already has an individual permit may request that the 

individual permit be revoked, and that it be covered by the general 

construction permit. Upon revocation of the individual permit, the 

general construction permit shall apply to the source. 

III.1.3.c.(v) In determining whether an individual permit is required, the 

Division may consider the compliance history and current 

compliance status of the source. 

111.1.4. The Division shall review the application and certify or deny the request based on 

criteria specified in the general construction permit established by the Division for that 

type of source. 

111.1.5. General construction permits shall include conditions necessary to ensure the 

sources will meet all applicable requirements. 

111.1.6. General construction permits issued by the Division may include the following 

requirements, as appropriate and as specified in each permit: 

III.1.6.a. An operating and maintenance plan for all control equipment and control 

practices; 

III.1.6.b. A record keeping format for demonstrating compliance; 

III.1.6.c. Monitoring methods to assure compliance; and 

III.1.6.d. Alternative operating scenarios that include specific monitoring, record 

keeping, and reporting methods that will assure compliance with the permit 

conditions. 

111.1.7. All general construction permits shall undergo statewide public notice. If a source 

wants to be covered under a general construction permit, the source must apply 

within the time period specified in the public notice. 

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PART C CONCERNING OPERATING PERMITS 

I. Applicability 

The provisions of this Regulation Number 3, Part C shall apply statewide to all sources of air 

pollutants that are required to obtain an operating permit as specified in Section II. The provisions of 

this Part C shall also apply, except as otherwise provided herein, to those minor sources of air 

pollutants that voluntarily choose to obtain an operating permit. 

I.A. DEFINITIONS 

I.A.1. Affected Source 

(acid deposition program) A source of air pollutants that includes one or more fossil fuel fired 

combustion devices subject to emission reduction requirements or limitations under Title IV of 

the Federal Act, Code of Federal Regulations Title 40, Part 72, or under the state Act. 

I.A.2. Minor Permit Modification 

Any revisions to an operating permit issued by the Division that meets the criteria of Sections 

X. or Xl. of this Part C. 

I.A.3. Permit Modification 

Any revision to an operating permit issued by the Division that cannot be accomplished under 

the administrative permit amendment procedures set forth in Section Ill. of Part A of this 

regulation, or the minor permit modification procedures set forth in Sections X. or Xl. of this 

Part C. A permit modification for purposes of the acid rain portion of a permit shall be 

governed by regulations promulgated under Title IV of the Federal Act, found at Code of 

Federal Regulations, Title 40, Part 72. 

I.A.4. Permit Shield 

Where a source operates in compliance with all operating permit terms and conditions, the 

source shall be deemed in compliance with the state and Federal Acts where the permit 

includes all applicable requirements of such acts, specifically states that other identified 

provisions are not applicable, and states that the permit shield applies. The permit shield 

does not apply to terms and conditions that become applicable to the source subsequent to 

permit issuance. The permit shield shall not alter or affect the provisions of Colorado 

Revised Statutes Sections 25-7-112 or 25-7-113, Section 303 of the Federal Act, the 

applicable requirements of the acid rain program, consistent with Section 408(a) of the 

Federal Act, or the ability of the Administrator to obtain information from a source pursuant to 

Section 114 of the Federal Act; nor shall the permit shield affect the liability of an owner or 

operator of a source for any violation of applicable requirements prior to or at the time of 

permit issuance. 

I.A.5. Renewal of an Operating Permit 

The process by which a permit is reissued at the end of its term. 

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I.A.6. Section 502(b)(10) Changes 

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.7. Significant Permit Modification 

All operating permit modifications that do not qualify as minor permit modifications or as 

administrative permit amendments. At a minimum, a significant permit modification shall 

include: 

I.A.7.a. Any change that causes a significant increase in the rate of emissions as 

described by any permit term or condition; 

I.A.7.b. Any change that is considered a modification under Title I of the Federal Act; 

I.A.7.c. Any change that requires or changes a case-by-case determination of an 

emission limitation or other standard; 

I.A.7.d. Any change that requires or changes a source specific determination for 

temporary sources of ambient impacts; 

I.A.7.e. Any change that requires or changes a visibility or increment analysis; 

I.A.7.f. Every significant change in existing monitoring permit terms or conditions; 

and 

I.A.7.g. Every relaxation of reporting or record keeping permit terms or conditions. 

I.A.7.h. Every change that seeks to establish or change a permit term or condition for 

which there is no corresponding underlying applicable requirement and that 

the source has assumed to avoid an applicable requirement to which the 

source would otherwise be subject. Such terms and conditions include: 

I.A.7.h.(i) A federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of Title I of the 

Federal Act; and 

I.A.7.h.(ii) An alternative emissions limit approved pursuant to 

regulations promulgated under Section 112(i)(5) of the Federal Act 

I.A.7.i. The establishment of a Plant-wide Applicability Limitation (PAL) in 

accordance with Section XV. of Part D of this regulation. 

I.A.7.j. All significant permit modifications shall be processed using the procedures 

set forth in Part C of Regulation Number 3 for combined 

Construction/Operating Permit issuance. Such source may choose to obtain 

a construction permit pursuant to Part B and shall subsequently meet the 

operating permit requirements of Part C. 

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II. General Requirements for Operating Permits 

II.A. General Considerations 

II.A.1. Except where specifically authorized by the terms of this Regulation Number 3, Part 

C, no person shall operate any of the following sources without first obtaining an 

operating permit in accordance with the provisions of this regulation. 

II.A.1.a. Any affected source; 

II.A.1.b. Any major source; with the exception of those sources that would be major 

based only on total suspended particulates emissions 

II.A.1.c. Any source required to have a permit pursuant to the prevention of significant 

deterioration program of Part C, Title I, of the Federal Act; 

II.A.1.d. Any source required to have a permit pursuant to the program for the 

attainment and maintenance of national ambient air quality standards or Part 

D of Title I of the Federal Act; and 

II.A.1.e. Any solid waste incineration unit that is a distinct operating unit of any facility 

that combusts any solid waste material from commercial or industrial 

establishments or the general public (including single residences, hotels, and 

motels). Such term does not include: (1) incinerators or other units required 

to have a permit under United States Code Title, 42, Section 6925 of the 

Solid Waste Disposal Act; (2) materials recovery facilities (including primary 

or secondary smelters) which combust waste for the primary purpose of 

recovering metals; (3) qualifying small power production facilities, as defined 

in United States Code Title 16, Section 769(17)(C), or qualifying 

cogeneration facilities, as defined in United States Code Title 16, Section 

796(18)(B), of the Federal Power Act, that burn homogenous waste for the 

production of electric energy or in the case of qualifying cogeneration 

facilities that burn homogeneous waste for the production of electric energy 

and steam or forms of useful energy (such as heat) that are used for 

industrial, commercial, heating, or cooling purposes; or (4) air curtain 

incinerators provided that such incinerators only burn wood wastes, yard 

wastes and clean lumber and that such air curtain incinerators comply with 

any applicable opacity limitations. Operating permits for solid waste 

incineration units shall be obtained within thirty-six months of promulgation of 

a new source performance standard applicable to such units, or by 

November 15, 1994, whichever is later. 

II.A.1.f. Any source designated by the Administrator and the Commission as 

requiring an operating permit. 

II.A.1.g. A source is not required to obtain an operating permit solely because it is 

subject to regulation or requirements pursuant to Section 112(r) of the 

Federal Act. 

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II.A.2. Any construction permit that has been issued pursuant to Regulation Number 3, Part 

B, with respect to a source that is subject to the operating permit requirements of this 

Part C, shall continue in full force and effect until such time as the operating permit is 

issued for such source, if the source has filed a timely and complete operating permit 

application. If a complete operating permit application has been timely filed with the 

Division by the source in accordance with the provisions of Section III., below, the 

source will not be subject to an enforcement action for operating the source without 

an operating permit. No source subject to an operating permit may operate after the 

time it is required to file a timely and complete application except in compliance with 

a previously issued operating permit and as set forth in Section II.B., below. A 

previously issued construction permit shall not constitute a defense for operating a 

source in violation of the requirement to have an operating permit. 

II.A.3. Any orders or decisions of the Division shall be final upon issuance. 

II.B. Application Shield 

A timely and complete application for an operating permit under the provisions of this Part C shall 

operate as a defense to an enforcement action for the source's failure to have an operating permit 

until the Division or the Commission makes a final determination on the permit application. This 

defense to an enforcement action shall not apply if, subsequent to the completeness determination 

required by Section IV.B.1. of this Part C, the applicant fails to submit by the deadline specified in 

writing by the Division any additional information identified as necessary to process the application, or 

to otherwise supplement its application in accordance with the provisions of Sections IV.B.3. and 

IV.B.4. of this Part C. This defense to an enforcement action shall not be available to an applicant 

that files a fraudulent application. Permit expiration terminates the source's right to operate unless a 

timely and complete renewal application has been submitted to the Division. 

II.C. Transfer or assignment of ownership 

If transfer or assignment of ownership or operation of an air pollution emission source permitted 

pursuant to the operating permit requirements of this Part C of Regulation Number 3 is anticipated, 

the prospective owner or operator shall apply to the Division, on Division supplied administrative 

permit amendment forms, for reissuance of the existing permit. Part A, Section III. governs the 

administrative permit amendment procedures required for transfer or assignment of ownership of a 

source subject to the operating permit requirements. No administrative permit amendment shall be 

complete until a written agreement containing a specific date for transfer of permit, responsibility, 

coverage, and liability between the current and new permittee has been submitted to the Division. 

II.D. Portable Sources 

A portable source that conducts the same or similar type activity at multiple temporary locations 

throughout the state may be issued a single operating permit under this Part C, provided that the 

operation involves at least one change in location of the source during the five year permit term. 

Portable sources must notify the Division at least ten days in advance of each change in location. 

The owner or operator of a portable source must demonstrate that all applicable requirements will be 

met at all locations at which the source will operate before an operating permit authorizing operations 

at the multiple locations will be issued. Sources subject to the acid rain provisions of Title IV of the 

Federal Act shall not constitute portable sources. 

II.E. Insignificant Activities and Exemptions from Operating Permit Requirements 

Sources that are otherwise required to obtain an operating permit are not required to include 

insignificant activities from the following list in their operating permit applications, except as otherwise 

provided below. 

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None of the exemptions listed below, including emission de minimis levels, shall apply if by taking 

such exemption a source would avoid any specific federal or state applicable requirement, including, 

but not limited to, New Source Performance Standards, Regulation Number 7, Prevention of 

Significant Deterioration (Section VI., Part D of this Regulation Number 3), nonattainment New 

Source Review requirements (Section V. Part D of this Regulation Number 3), Title III, National 

Emission Standards for Hazardous Air Pollutants, Title V, and Colorado Maximum Achievable Control 

Technology or Generally Available Control Technology . (If the potential to emit, taking into account 

full design rate and continuous operation, triggers Prevention of Significant Deterioration or New 

Source Review requirements, the source must submit an Air Pollutant Emission Notice and apply for 

the appropriate permit, or must apply for a permit to limit the physical or operational capacity of the 

source such that the source is not considered to be a major source as defined in Section 1.8.25. of 

Part A of this regulation.). 

Sources otherwise required to obtain an operating permit are required to include a list of insignificant 

activities in their permit applications if the insignificant activities are listed in Sections ILEA . and 

II.E.2., or marked with an asterisk in Section II.E.3. The asterisk denotes an insignificant activity 

source category based on the size of the activity, emissions levels from the activity or the production 

rate of the activity. The owner or operator of individual emission points marked with an asterisk in 

Section II.E.3., below, must maintain sufficient record keeping verifying that the exemption applies. 

Such records shall be made available for Division review upon request. 

The following sources are exempt from the requirement to obtain an operating permit pursuant to this 

Part C: 

II.E.1. Sources subject to regulation or requirements pertaining to standards of performance 

for new residential wood heaters pursuant to Regulation Number 6; or 

II.E.2. Sources subject to regulation or requirements pertaining to national emissions 

standards for hazardous air pollutants for asbestos in the course of demolition and 

renovation pursuant to Regulation Number 8. 

II.E.3. Certain categories of sources and activities which are considered to be insignificant 

contributors to air pollution as listed below. A source solely comprised of one or 

more of these activities are not required to obtain an operating permit pursuant to this 

regulation, unless the source's emissions trigger the major source threshold as 

defined in Section I.B.25. of Part A of this Regulation Number 3 (definition of major 

source): 

II.E.3.a.*Individual emission points in nonattainment areas having uncontrolled actual 

emissions of any criteria pollutant (as defined in Section 1.8.17. of Part A of 

this Regulation Number 3) of less than one ton per year, and individual 

emission points in attainment or attainment/maintenance areas having 

uncontrolled actual emissions of any criteria pollutant of less than two tons 

per year, and each individual emission point with uncontrolled actual 

emissions of lead less than one hundred pounds per year, regardless of 

where the source is located. 

II.E.3.b. Individual 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.E.3.c. Air conditioning or ventilating systems not designed to remove air pollutants 

generated by or released from other processes or equipment. 

II.E.3.d. Fireplaces used for recreational purposes, inside or outside. 

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XII.A.1.d. The permit shield shall not apply to any changes made pursuant to 

this section. If subsequent changes cause the facility's operations and 

emissions to revert to those anticipated in the operating permit, the permittee 

resumes compliance with the terms and conditions of the permit, and has 

provided the Division and Administrator with a minimum of seven days 

advance notice of such changes in accordance with the provisions of Section 

XII.A.1.a., above, the permit shield may be reinstated in accordance with the 

terms and conditions stated in the operating permit. 

XII.A.2. Changes made pursuant to this Section XII.A. shall be incorporated into the 

operating permit at the time of renewal, at which time the permit shield shall apply. 

XII.B. Off Permit Changes 

No permit revision shall be necessary for changes within a permitted facility, not otherwise 

addressed or prohibited in the permit or in the provisions of this Section XII.B., governing off 

permit changes. This provision shall apply to changes, which are accepted from the 

definition of permit modification in Section I.A.3. of this Part C, or if such changes are subject 

to requirements of Title IV of the Federal Act (acid rain program). As provided for in the state 

implementation plan, changes made pursuant to this Section XII.B. shall not trigger the 

procedural requirements contained in Part B of this regulation for obtaining a construction 

permit. 

XII.B.1. Each such change shall meet all applicable requirements and shall not violate any 

existing permit term or condition. 

XII.B.2. The source must provide contemporaneous written notice to the permitting authority 

and the Administrator of each such change, except for changes that have been 

determined to be insignificant by the Commission pursuant to regulation. Such 

written notice shall describe each such change, including the date, any change in 

emissions, pollutants emitted, and any applicable requirement that would apply as a 

result of the change. A revised Air Pollutant Emission Notice shall be submitted in 

accordance with the provisions of Part A, Section II., along with the written notice 

required in this Section XII.B.2. 

Xll.B.3. The permit shield shall not apply to any such change made pursuant to this Section 

XII.B. 

Xll.B.4. The source shall keep a record describing changes made at the source that result in 

emissions of a regulated air pollutant subject to an applicable requirement, but not 

otherwise regulated under the permit, and the emissions resulting from those 

changes, including any other data necessary to show compliance with applicable 

ambient air quality standards. 

XII.B.5. Changes made pursuant to this Section XII.B. shall be incorporated into the 

operating permit at the time of renewal. 

XIII. Reopening For Cause Of Permits Issued Pursuant To Part C 

XIII.A. A permit issued pursuant to Part C of this Commission Regulation Number 3, shall be 

reopened and revised under any of the following circumstances: 

XIII.A.1.Additional applicable requirements become applicable to a major source with a 

remaining permit term of three or more years. Such reopening shall be completed no 

later than eighteen months after promulgation of the applicable requirement. No 

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such reopening is required if the effective date of the requirement is later than the 

date on which the permit is due to expire, unless the original permit or any of its 

terms and conditions has been extended, or if a general permit is obtained to 

address the new requirement pursuant to Section VIII.A.2. of this Part C; 

XIII.A.2.Additional requirements (including excess emissions requirements) become 

applicable to an affected source under the acid rain program. Upon approval by the 

Administrator, excess emissions offset plans shall be deemed to be incorporated into 

the permit; 

XIII.A.3.The Division or the Administrator determines that the permit contains a material 

mistake or that inaccurate statements were made in establishing the emissions 

standards or other terms or conditions of the permit; 

XIII.A.4.The Division or the Administrator determines that the permit must be revised or 

revoked to assure compliance with the applicable requirements; 

XIII.A.5.Permit reopening and reissuance shall be processed using the procedures set forth 

in Sections III., IV., and V. of this Part C for permit issuance and permit renewal; 

XIII.A.6.Proceedings to reopen and reissue permits affect only those parts of the permit for 

which cause to reopen exists; and 

XIII.A.7.Reopening under this section of Part C shall not be initiated before notice of such 

intent is provided to the source by the Division at least thirty days in advance of the 

date that the permit is to be reopened. The Division may provide a shorter time 

period within which to give notice in the case of an emergency. 

XIII.B. The Division shall extend the permit shield to those parts of the permit that have been 

changed pursuant to the reopening and reissuance proceedings of this section of Part C. 

XIII.C. A source may choose to have its operating permit renewed during any proceeding for 

reopening the permit under this section, provided a complete application is submitted 

pursuant to Part C. 

XIV. Compliance Assurance Monitoring 

The regulations promulgated by the U.S. EPA listed in Section XIV.A.1., below, are hereby 

incorporated by reference by the Commission and made a part of the Colorado Commission 

regulations. Materials incorporated by reference are those in existence as of the date indicated and 

do not include later amendments. The material incorporated by reference is available for public 

inspection during regular business hours at the Office of the Commission, located at 4300 Cherry 

Creek Drive South, Denver, Colorado 80246-1530. The material incorporated by reference is also 

available through the United States Government Printing Office, online at www.qpo.qov/fdsys. Parties 

wishing to inspect these materials should contact the Technical Secretary of the Commission, located 

at the office of the Commission. 

XIV.A.1. Air Pollution Control, Monitoring, Operating Permits, Reporting and Record 

Keeping Requirements: Compliance Assurance Monitoring, Code of Federal 

Regulations Title 40, Parts 64 and 70.6, October 22, 1997 (62 FR 54900). 

Air Pollution Control, Monitoring, Operating Permits, Reporting and Record keeping 

Requirements: Compliance Assurance Monitoring, Code of Federal Regulations Title 40, 

Parts 64, 70.6 and 71.6, October 22, 1997 (62 FR 54900). 

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PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION 

I. Applicability 

I.A. General Applicability 

I.A.1. This Part D shall apply to any new or existing major stationary source. 

Any new major stationary source or major modification, to which the requirements of this Part 

D apply, shall not begin actual construction in a nonattainment, attainment, or unclassifiable 

area unless a permit has been issued containing all applicable state and federal 

requirements. 

I.A.2. Except as otherwise provided in Section XV. of this Part D, and consistent with the 

definition of major modification (Section of this part), a project is a major 

modification for a regulated NSR pollutant if it causes two types of emissions 

increases - a significant emissions increase (as defined in Section II.A.43. of this 

part), and a significant net emissions increase (as defined in Sections II.A.26. and 

II.A.42. of this part). The project is not a major modification if it does not cause a 

significant emissions increase. If the project causes a significant emissions increase, 

then the project is a major modification only if it also results in a significant net 

emissions increase. 

I.A.3. The procedure for calculating (before beginning actual construction) whether a 

significant emissions increase (i.e., the first step of the process) will occur depends 

upon the type of emissions units being constructed or modified, according to Sections 

I.B.1. through I.B.3. of this part. The procedure for calculating (before beginning 

actual construction) whether a significant net emissions increase will occur at the 

major stationary source (i.e., the second step of the process) is contained in the 

definition of Net Emissions Increase (Section II.A.26. of this part). Regardless of any 

such preconstruction projections, a major modification results if the project causes a 

significant emissions increase and a significant net emissions increase. 

I.B. Applicability Tests 

I.B.1. Actual-to-projected-actual applicability test for projects that only involve existing 

emissions units. 

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum 

of the difference between the projected actual emissions (as defined in Section II.A.36. of this 

part) and the baseline actual emissions (as defined in Sections II.A.4.a. and II.A.4.b. of this 

part, as applicable), for each existing emissions unit, equals or exceeds the significant 

amount for that pollutant (as defined in Section II.A.42. of this part). 

I.B.2. Actual-to-potential test for projects that only involve construction of a new emissions 

unit(s). 

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum 

of the difference between the potential to emit (as defined in Section 1.8.37. of Part A of this 

regulation) from each new emissions unit following completion of the project and the baseline 

actual emissions (as defined in Section II.A.4. of this part) of these units before the project 

equals or exceeds the significant amount for that pollutant (as defined in Section II.A.42. of 

this part). 

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l.B.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 sum 

of the emissions increases for each emissions unit, using the methods specified in Sections 

I.B.1. through l.B.3. of this part as applicable with respect to each type of emissions unit, 

equals or exceeds the significant amount for that pollutant (as defined in Section II.A.42. of 

this part). 

l.B.4. An owner or operator of a major stationary source who conducts the actual-toprojected-actual test for a project that requires a minor permit modification in 

accordance with Section X. of Part C, requires a significant permit modification in 

accordance with Section I.A.3. of Part C, a modification as defined in Section 1.8.28. 

of Part A or that requires a minor source permit under Part B shall submit a permit 

application including: 

I.B.4.a. All calculations and supporting documentation used to determine baseline 

actual emissions of each emissions unit affected by the project; 

I.B.4.b. All calculations and supporting documentation used to determine projected 

actual emissions of each existing emissions unit affected by the project; 

l.B.4.c. A determination of that portion of each existing unit's emissions following the 

project that the unit could have accommodated during the consecutive 

twenty-four month period used to establish the baseline actual emissions and 

that are unrelated to the project, including any increased utilization due to 

product demand growth; and, 

I.B.4.d. Any other information requested by the Division that may be needed to 

determine if a major modification will occur at each emissions unit affected by 

the project. 

The information submitted in accordance with Section I.B.4.a. through l.B.4.d., 

above, shall be incorporated into an appendix to the major stationary source's Title V 

Operating permit or as a permit note in the construction permit. 

The requirement that the owner or operator of a major stationary source who 

conducts the actual-to-projected-actual test for a project that requires a minor permit 

modification submit information in accordance with Sections I.B.4.a. through l.B.4.d., 

as set out in this Subsection l.B.4., shall not be federally enforceable and shall not be 

incorporated into the state implementation plan. 

I.C. For any major stationary source requesting, or operating under, a Plant-wide Applicability 

Limitation (as defined in Section II.A.33.) for a regulated NSR pollutant, the major stationary 

source shall comply with the requirements of Section XV. of this part. 

II. Definitions 

II.A. The following definitions apply specifically to the provisions contained in this Part D. 

II.A.1. Actual Emissions 

The actual rate of emission of a regulated NSR pollutant from an emissions unit, 

determined as follows: 

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II.A.1.a. Actual emissions as of a particular date shall equal the average rate, in tons 

per year, at which the unit actually emitted the pollutant during a consecutive 

twenty-four month period that precedes the particular date and is 

representative of normal unit operation. A different period may be used if it is 

more representative of normal unit operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and 

types of materials processed, stored or combusted or actual emission data 

during the selected time period; 

II.A.1.b. The Division may presume that source-specific allowable emissions for the 

unit are equivalent to the actual emissions of the unit only if actual emissions 

cannot be determined pursuant to Section II.A.1.a., above; 

II.A.1.c. For any emissions unit that has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the unit 

on that date. 

II.A.1.d. This definition shall not apply for calculating whether a significant emissions 

increase has occurred, or for establishing a PAL under Section XV. of Part D 

of this regulation. Instead, Sections II.A.36. and II.A.4. of this part shall apply 

for these purposes. 

II.A.2. Actuals PAL 

For a major stationary source, means a PAL based on the baseline actual emissions (as 

defined in Section II.A.4. of this part) of all emissions units (as defined in the Common 

Provisions regulation) at the source that emit or have the potential to emit the PAL pollutant. 

II.A.3. Air Quality Related Value 

Any value of an area that may be affected by a change in air quality. Examples include flora, 

fauna, soil, water, visibility, cultural, and odor. 

II.A.4. Baseline Actual Emissions 

The rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in 

accordance with Sections II.A.4.a. through II.A.4.d. below. 

II.A.4.a. For any existing electric utility steam generating unit (as defined in Section 

II.A.14. of this part), baseline actual emissions means the average rate, in 

tons per year, at which the unit actually emitted the pollutant during any 

consecutive twenty-four month period selected by the owner or operator 

within the five year period immediately preceding when the owner or operator 

begins actual construction of the project. The Division shall allow the use of a 

different time period upon a determination that it is more representative of 

normal source operation. 

II.A.4.a.(i) The average rate shall include fugitive emissions to the 

extent quantifiable, and emissions associated with startups, 

shutdowns, and malfunctions. 

II.A.4.a.(ii) The average rate shall be adjusted downward to exclude any 

non-compliant emissions that occurred while the source was 

operating above any emission limitation that was legally enforceable 

during the consecutive twenty-four month period. 

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II.A.4.a.(iii) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive twenty-four month 

period may be used to determine the baseline actual emissions for 

the emissions units being changed. A different consecutive twentyfour month period can be used for each regulated NSR pollutant. 

II.A.4.a.(iv) The average rate shall not be based on any consecutive 

twenty-four month period for which there is inadequate information 

for determining annual emissions, in tons per year, and for adjusting 

this amount if required by Section II.A.4.a.(ii). 

II.A.4.b. For an existing emissions unit (other than an electric utility steam generating 

unit), baseline actual emissions means the average rate, in tons per year, at 

which the emissions unit actually emitted the pollutant during any 

consecutive twenty-four month period selected by the owner or operator 

within the ten year period immediately preceding either the date the owner or 

operator begins actual construction of the project, or the date a complete 

permit application is received by the Division for a permit required under this 

Part D, except that the ten year period shall not include any period earlier 

than November 15, 1990. 

II.A.4.b.(i) The average rate shall include fugitive emissions to the 

extent quantifiable, and emissions associated with startups, 

shutdowns, and malfunctions. 

II.A.4.b.(ii) The average rate shall be adjusted downward to exclude any 

non-compliant emissions that occurred while the source was 

operating above an emission limitation that was legally enforceable 

during the consecutive twenty-four month period. 

II.A.4.b.(iii) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with 

which the major stationary source must currently comply, had the 

major stationary source been required to comply with such limitations 

during the consecutive twenty-four month period. However, if an 

emission limitation is part of a maximum achievable control 

technology standard contained in Part E of Regulation Number 8, the 

baseline actual emissions need only be adjusted if the State has 

taken credit for such emissions reductions in an attainment 

demonstration or maintenance plan. 

II.A.4.b.(iv) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive twenty-four month 

period must be used to determine the baseline actual emissions for 

the emissions units being changed. A different consecutive twentyfour month period can be used for each regulated NSR pollutant. 

II.A.4.b.(v) The average rate shall not be based on any consecutive 

twenty-four month period for which there is inadequate information 

for determining annual emissions, in tons per year, and for adjusting 

this amount if required under Sections II.A.4.b.(ii) and II.A.4.b.(iii) of 

this part. 

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II.A.4.c. For a new emissions unit, the baseline actual emissions for purposes of 

determining the emissions increase that will result from the initial construction 

and operation of such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit (as defined in Section I.B.37. 

of Part A of this regulation). 

II.A.4.d. For a PAL for a major stationary source, the baseline actual emissions shall 

be calculated for existing electric utility steam generating units in accordance 

with the procedures contained in Section II.A.4.a., for other existing 

emissions units in accordance with the procedures contained in Section 

II.A.4.b., and for a new emissions unit in accordance with the procedures 

contained in Section II.A.4.c. 

II.A.5. Baseline Area 

II.A.5.a. Any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Sections 107(d)(1)(A)(ii) or (iii) of the Federal Act in 

which the major source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact for the 

pollutant for which the baseline date is established, as follows: equal to or 

greater than one microgram/cubic meter (1 pg/m3) (annual average) for 

SO2, NO2, or PM10; or equal to or greater than 0.3 pg/m3) (annual average) 

for PM2.5. 

II.A.5.b. Area redesignations under Section 107(d)(1)(A)(ii) or (iii) of the Federal Act 

cannot intersect or be smaller than the area of impact of any major stationary 

source or major modification that: 

II.A.5.b.(i) Establishes a minor source baseline date, or 

II.A.5.b.(ii) Is subject to this Part D, and would be constructed in the 

same state as the state proposing the redesignation. 

II.A.5.c. Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining 

the amount of available PM10 increments, except that such baseline area 

shall not remain in effect if the permit authority rescinds the corresponding 

minor source baseline date in accordance with Section II.A.25.c. 

II.A.6. Baseline Concentration 

The ambient concentration level that exists in the baseline area at the time of the applicable 

minor source baseline date. A baseline concentration is determined for each pollutant for 

which a minor source baseline date is established and shall include: 

II.A.6.a. The actual emissions representative of sources in existence on the 

applicable minor source baseline date, except as otherwise provided in this 

definition; and 

II.A.6.b. The allowable emissions from major stationary sources that commenced 

construction before the major source baseline date, but were not in operation 

by the applicable minor source baseline date. 

II.A.6.c. The following will not be included in the baseline concentration and will affect 

the applicable maximum allowable increase(s): 

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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.7. Begin Actual Construction 

Initiation of physical on-site construction activities on an emissions unit that are of a 

permanent nature. Such activities include, but are not limited to, installation of building 

supports and foundations, laying of underground pipe work, and construction of permanent 

storage structures. With respect to a change in the method of operation, this term refers to 

those on-site activities other than preparatory activities that mark the initiation of the change. 

II.A.8. Best Available Control Technology (BACT) 

An emission limitation (including a visible emissions standard) based on the maximum 

degree of reduction of each regulated NSR pollutant that would be emitted from any 

proposed major stationary source or major modification that the Division or Commission, on a 

case-by-case basis, taking into account energy, environmental, and economic impacts and 

other costs, determines is achievable for such source or modification through application of 

production processes or available methods, systems, and techniques, including fuel cleaning 

or treatment or innovative fuel combustion techniques for control of such pollutant. In no 

event shall application of the best available control technology result in emissions of any 

pollutant that would exceed emissions allowed by the applicable standards in the Code of 

Federal Regulations, Title 40, Parts 60 and 61 (Regulation Number 6, Part A, and Regulation 

Number 8, Part A) as in effect on the effective date of this clause, but not including later 

amendments, unless such amendments are specifically incorporated by reference in 

accordance with the provisions of Colorado Revised Statutes Section 24-4-103 (12.5). 

Information as to the availability of such standards may be obtained from the Director, Air 

Pollution Control Division, Colorado Department of Public Health and Environment, 4300 

Cherry Creek Drive South, Denver, Colorado 80246-1530. 

If the Division or Commission determines that technological or economic limitations on the 

application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, it may instead prescribe designs, equipment, 

work practices, operational standards or combination thereof, to satisfy the requirement for 

the application of best available control technology. Such standard shall, to the degree 

possible, set forth the emissions reduction achievable by implementation of such design, 

equipment, work practice or operation and shall provide for compliance by means that 

achieve equivalent results. 

II.A.9. Clean Coal Technology 

Any technology, including technologies applied at the pre-combustion, combustion, or postcombustion stage, at a new or existing facility that will achieve significant reductions in air 

emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the 

generation of electricity, or process steam which was not in widespread use as of November 

15, 1990. 

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II.A.10. Clean Coal Technology Demonstration Project 

A project using funds appropriated under the heading "Department of Energy-Clean Coal 

Technology," up to a total amount of $2.5 billion for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for the U.S. EPA. The federal 

contribution for a qualifying project shall be at least twenty percent of the total cost of the 

demonstration project. 

II.A.11. Complete 

In reference to an application for a major NSR permit, an application that contains all the 

information necessary for processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Division from requesting or accepting 

any additional information. 

II.A.11.a. At a minimum, a complete application for a permit to construct a 

major source or major modification subject to the requirements of this Part D 

shall include: 

II.A.11.a.(i) All monitoring data required pursuant to this regulation and an 

analysis of ambient air quality in accordance with Section VI.A.3. of this part; 

II.A.11.a.(ii) The impact analysis required by Section VI.A.2. of this part, a written 

summary of the data inputs to the model, and a topographic presentation of 

the resultant concentrations of each pollutant modeled for each applicable 

ambient standard or Prevention of Significant Deterioration increment within 

the impact area of the source; 

II.A.11.a.(iii) A report of the regulatory status of the model pursuant to Section 

VIII.A.1. of Part A; 

II.A.11.a.(iv) A demonstration that the proposed technological system of 

continuous emission reduction that is to be used will enable such source to 

comply continuously with the standards of performance that are to apply to 

such source and that the emission inputs to the model for the impact analysis 

are equivalent to the emissions allowed by such standards of performance; 

II.A.11.a.(v) A description of the devices or systems that will be installed to 

monitor the emissions of each pollutant that will be emitted in significant 

amounts, maintaining such devices or systems, and the schedule and format 

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 

part, any demonstration of facts needed to establish a claim by the applicant 

to qualify for any exemption or exclusion under Section VI.B. of this part; 

II.A.11.a.(vii) 

B; 

A schedule of construction in accordance with Section III.G.2. of Part 

II.A.11.a.(viii) An additional copy of the application for the federal land manager of 

each affected Class 1 area, for the U.S. EPA, for the county Commissioner, 

and for public notice (county clerk). Two additional copies shall be submitted 

for interested public groups. 

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II.A.12. Construction 

Any physical change or change in the method of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions unit) that would result in a change in 

actual emissions. 

II.A.13. Emissions Unit 

Any part of a stationary source that emits or would have the potential to emit any regulated 

NSR pollutant and includes an electric steam-generating unit as defined in Section II.A.14. of 

this part. For purposes of this Part D, there are two types of emissions units described in 

Section II.A.13.a. and II.A.13.b., below. 

II.A.13.a. A new emissions unit is any emissions unit that is (or will be) newly 

constructed and that has existed for less than two years from the date such 

emissions unit first operated. 

II.A.13.b. An existing emissions unit is any emissions unit that does not meet 

the requirements in Section II.A.13.a., above. A replacement unit (as defined 

in Section II.A.39. of this part) is an existing emissions unit. 

II.A.14. Electric Utility Steam Generating Unit 

Any steam electric generating unit that is constructed for the purpose of supplying more than 

one-third of its potential electrical output capacity and more than twenty-five megawatts 

electrical output to any utility power distribution system for sale. Any steam supplied to a 

steam distribution system for the purpose of providing steam to a steam-electric generator 

that would produce electrical energy for sale is also considered in determining the electrical 

energy output capacity of the affected facility. 

II.A.15. Federal Land Manager (FLM) 

With respect to any lands of the United States, the secretary of the department with authority 

over such lands. 

II.A.16. High Terrain 

Any area having an elevation nine hundred feet or more above the base of the stack of a 

source. 

II.A.17. Hydrocarbon Combustion Flare 

Either a flare used to comply with an applicable new source performance standard or 

maximum achievable control technology standard (including uses of flares during startup, 

shutdown, or malfunction permitted under such standard), or a flare that serves to control 

emissions of waste streams comprised predominately of hydrocarbons and containing no 

more than 230 mg/dscm hydrogen sulfide. 

II.A.18. Innovative Control Technology 

Any system of air pollution control that has not been adequately demonstrated in practice, but 

would have a substantial likelihood of achieving greater continuous emissions reduction than 

any control system in current practice or of achieving at least comparable reductions at lower 

cost in terms of energy, economics, or non-air quality environmental impacts. 

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II.A.19. Low Terrain 

Any area other than high terrain. 

II.A.20. Lowest Achievable Emissions Rate (LAER) 

For any source, the more stringent rate of emissions based on the following: 

II.A.20.a. The most stringent emission limit contained in any state 

implementation plan for such class or category of stationary source, unless 

the owner or operator of the proposed stationary source demonstrates that 

such limits are not achievable; or 

II.A.20.b. The most stringent emission limitation that is achieved in practice by 

such class or category of source. In no event shall application of the term 

permit a proposed new or modified stationary source to emit any pollutant in 

excess of the amount allowable under an applicable new source 

performance standard (Regulation Number 6). 

II.A.21. Major Emissions Unit 

II.A.21.a. Any emissions unit that emits or has the potential to emit one 

hundred tons per year or more of the PAL pollutant in an attainment area; or 

II.A.21.b. Any emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount that is equal to or greater than the major stationary 

source threshold (as defined in Section II.A.24. of this part) for the PAL 

pollutant for nonattainment areas. For example, in accordance with the 

definition of a major stationary source (as defined in Section II.A.24.of this 

part), an emissions unit would be a major emissions unit for volatile organic 

compounds if the emissions unit is located in an ozone nonattainment area 

and emits or has the potential to emit one hundred or more tons of voc per 

year. 

II.A.22. Major Modification 

Any physical change in or change in the method of operation of a major stationary source 

that would result in a significant emissions increase of a regulated NSR pollutant 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. 

II.A.22.b. In the Denver Metropolitan PM10 nonattainment area, any net 

emission increase that is significant for sulfur dioxide or nitrogen oxides shall 

be considered significant for PM10. 

II.A.22.c. A physical change or change in the method of operation shall not 

include routine maintenance, repair, and replacement. 

II.A.22.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 nonattainment areas, shall not include: 

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II.A.22.d.(i) Use of an alternative fuel or raw material by reason of an 

order in effect under Sections 2(a) and (b) of the Federal Energy 

Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation), a prohibition under the 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; 

11.A.22.d.00 Use of an alternative fuel because of an order or rule under 

Section 125 of the Federal Act; 

II.A.22.d.(iii) Use of an alternative fuel at a steam-generating unit to the 

extent that the fuel is generated from municipal solid waste; 

II.A.22.d.(iv) Use of an alternative fuel or raw material that: 

II.A.22.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 

II.A.22.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 

II.A.22.d.(iv)(C) the source is approved to use under any permit issued under this Regulation Number 3. 

II.A.22.d.(v) An increase in the production rate, unless such change 

would be prohibited under a federally enforceable permit condition; 

II.A.22.d.(vi) An increase in the hours of operation, unless such increase 

would be prohibited under a federally enforceable permit condition; 

Or 

II.A.22.d.(vii) Any change in ownership of a stationary source. 

II.A.22.d.(viii) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, if the project 

complies with: 

II.A.22.d.(viii)(A)The Colorado State Implementation Plan, and 

II.A.22.d.(viii)(B)Other requirements necessary to attain and maintain 

the National Ambient Air Quality Standards during the project and after it is terminated. 

II.A.22.d.(ix) For major stationary sources in attainment areas: 

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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 pollutantby-pollutant basis. 

II.A.22.d.(ix)(B) The reactivation of a very clean coal fired electric 

utility steam generating unit. 

II.A.22.d.(x) The reactivation of a very clean coal fired electric utility 

steam generating unit. 

II.A.22.e. This definition shall not apply with respect to a particular regulated 

NSR pollutant when the major stationary source is complying with the 

requirements under Section XV. of this Part D for a PAL for that pollutant. 

Instead, the definition in Section II.A.30. of this part shall apply. 

II.A.22.f. Emissions caused by indirect sources of pollution, emissions from 

internal combustion engines on any vehicle, and emissions resulting from 

temporary construction or exploration activities shall be excluded in 

determining whether a major modification will occur. 

Emissions from on-going construction are not considered to be temporary 

emissions, and are included in determining whether a major modification will 

Occur. 

Fugitive emissions from the listed sources in Section II.A.24.a. and any other 

stationary source category that, as of August 7, 1980 was regulated under 

Sections 111 or 112 of the Federal Act (as adopted in Regulations Nos. 6, 

Part A, and 8, Parts A and E) shall, to the extent quantifiable, be considered 

in calculating the potential to emit of the modification. 

II.A.23. Major Source Baseline Date 

II.A.23.a. In the case of PM10 and sulfur dioxide, January 6, 1975; 

II.A.23.b. In the case of nitrogen dioxide, February 8, 1988; and 

II.A.23.c. In the case of PM2.5, October 20, 2010. 

II.A.24. Major Stationary Source 

II.A.24.a. For the purpose of determining whether a source in an attainment or 

unclassifiable area is subject to the requirements of this Part D, major 

stationary source means: 

II.A.24.a.(i) Any of the following stationary sources of air pollutants that 

emits, or has the potential to emit, one hundred tons per year or 

more of any regulated NSR pollutant: 

II.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input 

II.A.24.a.(i)(B) Coal cleaning plants (with thermal dryers) 

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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 

11.A.24.a.(i)(1) Municipal incinerators capable of charging more 

than 250 tons of refuse per day 

11.A.24.a.(i)(J) Hydrofluoric, sulfuric, and nitric acid plants 

11.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)(0) 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 

11.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 

II.A.24.a.(i)(X) Taconite ore processing plants 

II.A.24.a.(i)(Y) Glass fiber processing plants 

11.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 

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potential to emit, two hundred and fifty tons per year or more of any 

regulated NSR pollutant. 

II.A.24.b. For the purpose of determining whether a source in a nonattainment 

area is subject to the requirements of Section V. of this part, and whether a 

source in an attainment area affecting a nonattainment area is subject to the 

requirements of Section VI.D. of this part, major stationary source means any 

stationary source of air pollutants that emits, or has the potential to emit 100 

tons per year or more of any regulated NSR pollutant for which the area is 

nonattainment. Additionally, a source causing or contributing to a violation of 

a national ambient air quality standard for any pollutant regulated under 

Section 110 of the Federal Act shall be considered a major stationary source 

when it has the potential to emit one hundred tons per year or more of that 

pollutant. The source will be considered to cause or contribute to a violation 

where the source exceeds the significance levels in the table under Section 

VI.D.2. of this Part D. Such source is subject to the requirements of Section 

VI. of this Part D. 

II.A.24.c. Major stationary source includes any physical change that would 

occur at a stationary source not otherwise qualifying as a major stationary 

source under Sections II.A.24.a and II.A.24.b. of this part, if the change 

would constitute a major stationary source by itself. 

II.A.24.d. A major stationary source that is major for volatile organic 

compounds or NOx shall be considered major for ozone, except that 

emissions of negligibly reactive volatile organic compounds, as defined in the 

Common Provisions, shall not be included in the determination of major 

stationary source status for ozone. 

II.A.24.e. The fugitive emissions of a stationary source shall not be included in 

determining for any of the purposes of this section whether it is a major 

stationary source, unless the source belongs to one of the categories of 

stationary sources listed in Section II.A.24.a.(i) or any other stationary source 

category which, as of August 7, 1980, is regulated under Section 111 or 112 

of the Federal Act. 

11.A.241 Emissions caused by indirect air pollution sources (as defined in 

Section I.B.24. of Part A of this regulation), emissions from internal 

combustion engines on any vehicle, and emissions resulting from temporary 

activities, such as construction or exploration, shall be excluded in 

determining whether a source is a major stationary source. Emissions from 

on going 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 

attainment/maintenance area that is major for sulfur dioxide or nitrogen 

oxides shall be considered major for PM10. 

II.A.25. Minor Source Baseline Date 

II.A.25.a. The earliest date after the trigger date that a major stationary source 

or a major modification subject to the requirements of Section VI. of this Part 

D submits a complete application under the relevant regulations. The trigger 

date is: 

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II.A.25.a.(i) In the case of PM10 and sulfur dioxide, August 7, 1977; 

II.A.25.a.(ii) In the case of nitrogen dioxide, February 8, 1988; and 

II.A.25.a.(iii) In the case of PM2.5, October 20, 2011. 

II.A.25.b. The baseline date is established for each pollutant for which 

increments or other equivalent measures have been established if: 

II.A.25.b.(i) The area in which the proposed source or modification would 

construct is designated as attainment or unclassifiable under 

Sections 107(d)(1)(A)(ii) or (iii) of the Federal Act for the pollutant on 

the date of its complete application under Section VI. of this part; and 

II.A.25.b.(ii) In the case of a major stationary source the pollutant would 

be emitted in significant amounts, or, in the case of a major 

modification, there would be a significant net emissions increase of 

the pollutant. 

II.A.25.c. Any minor source baseline date established originally for the Total 

Suspended Particulates increments shall remain in effect and shall apply for 

purposes of determining the amount of available PM10 increments, except 

that the Division may rescind any such minor source baseline date where it 

can be shown, to the satisfaction of the Division, that the emissions increase 

from the major stationary source, or the net emissions increase from the 

major modification, responsible for triggering that date did not result in a 

significant amount of PM10 emissions. 

II.A.26. NetEmissions Increase 

II.A.26.a. With respect to any regulated NSR pollutant emitted by a major 

stationary source, the amount by which the sum of the following exceeds 

zero: 

II.A.26.a.(i) The increase in emissions from a particular physical change 

or change in the method of operation at a stationary source 

calculated pursuant to Sections I.A.2. through I.A.3., and I.B. of this 

Part D; and 

II.A.26.a.(ii) Any other increases and decreases in actual emissions at 

the major stationary source that are contemporaneous with the 

particular change and are otherwise creditable. Baseline actual 

emissions for calculating increases and decreases under this 

paragraph shall be determined as provided in the definition of 

baseline actual emissions, except that paragraphs II.A.4.a.(iii) and 

II.A.4.b.(iv) of this Part D shall not apply. 

II.A.26.b. Contemporaneous - an increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if it 

occurs within five years prior to the date that the increase from the particular 

change occurs. 

II.A.26.c. An increase or decrease in actual emissions is creditable only if: 

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II.A.26.c.(i) It occurs within five years before the date that the increase 

or decrease occurs; and 

II.A.26.c.(ii) The Division has not relied on it in issuing a permit for the 

source under Regulation Number 3, or the U.S. EPA has not relied 

on it in issuing a permit under Title I, Part C of the Federal Act, which 

permit is in effect when the increase in actual emissions from the 

particular change occurs; and 

II.A.26.c.(iii) In order to establish a baseline emissions rate, the owner or 

operator must submit an Air Pollutant Emission Notice to the Division 

prior to the increase or decrease indicating actual emissions (as 

defined in Section II.A.1. of this of part) and the owner or operator 

must submit a revised Air Pollutant Emission Notice to the Division 

within one year after the increase or decrease occurs, or 

II.A.26.c.(iv) The owner or operator provides credible, demonstrable 

evidence to the Division of what actual emissions were before 

making the increase or decrease and what they were after making 

the increase or decrease. 

II.A.26.d. An increase or decrease in actual emissions of sulfur dioxide, 

particulate matter, or nitrogen oxides that occurs before the applicable minor 

source baseline date is creditable only if it is required to be considered in 

calculating the amount of maximum allowable increases remaining available. 

With respect to particulate matter, only PM10 emissions can be used to 

evaluate the net emissions increase for PM10 and only PM2.5 emissions can 

be used to evaluate the net emissions increase for PM2.5. 

II.A.26.e. An increase in actual emissions is creditable only to the extent that 

the new level of actual emissions exceeds the old level. 

II.A.26.f. A decrease in actual emissions is creditable only to the extent that: 

II.A.261(i) The Division has not relied on it in issuing any permit under 

this Part D, or has not relied on it in demonstrating attainment or 

reasonable further progress: 

The old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual 

emissions; 

It is enforceable as a practical matter at and after the time 

that actual construction on the particular change begins; and 

II.A.261(iv) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the 

particular change; and 

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 reasonable 

shakedown period, not to exceed one hundred and eighty days. 

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II.A.26.h. Section II.A.1.a. of this part shall not apply for determining creditable 

increases and decreases after a change. 

II.A.26.i. The organic compounds referenced in the common provisions 

definition of negligibly reactive volatile organic compounds are neither 

counted as reactive volatile organic compounds in determining significant 

ozone increases nor creditable against an increase in emissions of any 

volatile organic compound. 

II.A.26.j. Creditable Decreases for Fuel Switching. 

Generally, for credit to be given for the emissions reduction in potential to 

emit or actual emissions resulting from a physical change or change in 

method of operation of a major stationary source occurring on or after the 

effective date of this rule, an Air Pollutant Emission Notice reporting such 

reduction must be filed within one year after the reduction occurs unless an 

extension is requested by the source and approved by the Division due to 

uncertainty as to the permanence of such reduction. At the time credit for any 

reduction is requested, such reduction must be enforceable. Such reductions 

must be enforceable through permit conditions or source specific state 

implementation plan revisions. 

II.A.27. Nonattainment Major New Source Review (NSR) Program 

A major stationary source preconstruction permit program that has been approved by the 

Administrator and incorporated into this Regulation Number 3. Any permit issued under the 

program is a major NSR permit. 

II.A.28. PAL Effective Date 

Generally means the date of issuance of the PAL permit. However, the PAL effective date for 

an increased PAL is the date any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

II.A.29. PAL Effective Period 

The period beginning with the PAL effective date and ending ten years later. 

II.A.30. PAL Major Modification 

Notwithstanding Sections II.A.22 and II.A.26. of this Part D (the definitions for major 

modification and net emissions increase), any physical change in or change in the method of 

operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or 

greater than the PAL. 

II.A.31. PAL Permit 

The Operating Permit issued in accordance with this Part D that establishes a PAL for a 

major stationary source. 

II.A.32. PAL Pollutant 

The pollutant for which a PAL is established at a major stationary source. 

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II.A.33. Plant-wide Applicability Limitation (PAL) 

An emission limitation expressed in tons per year, for a pollutant at a major stationary source 

that is enforceable as a practical matter and established source-wide in accordance with 

Section XV. of this Part D. 

II.A.34. Prevention of Significant Deterioration (PSD) Permit 

Any permit that is issued in accordance with Section VI. of this Part D. 

II.A.35. Project 

A physical change in, or change in the method of operation of, an existing major stationary 

source. 

II.A.36. Projected Actual Emissions 

II.A.36.a. The maximum annual rate, in tons per year, at which an existing 

emissions unit at a major stationary source is projected to emit a regulated 

NSR pollutant in any one of the five years (twelve-month period) following the 

date the unit resumes regular operation after the project, or in any one of the 

ten years following that date, if the project involves increasing the emissions 

unit's design capacity or its potential to emit of that regulated NSR pollutant 

and full utilization of the unit would result in a significant emissions increase 

or a significant net emissions increase at the major stationary source. 

II.A.36.b. In determining the projected actual emissions under Section 

II.A.36.a., above, before beginning actual construction, the owner or operator 

of the major stationary source: 

II.A.36.b.(i) Shall consider all relevant information, including but not 

limited to, historical operational data, the company's own 

representations, the company's expected business activity and the 

company's highest projections of business activity, the company's 

filings with the State or Federal regulatory authorities, and 

compliance plans; and 

II.A.36.b.(ii) Shall include fugitive emissions to the extent quantifiable, 

and emissions associated with startups, shutdowns, and 

malfunctions; and 

II.A.36.b.(iii) Shall exclude, in calculating any increase in emissions that 

results from the particular project, that portion of the unit's emissions 

following the project that an existing unit could have accommodated 

during the consecutive twenty-four month period used to establish 

the baseline actual emissions under Section II.A.4. of this part D and 

that are also unrelated to the particular project, including any 

increased utilization due to product demand growth; or, 

II.A.36.b.(iv) In lieu of using the method set out in Sections II.A.36.b.(i) 

through II.A.36.b.(iii), may elect to use the emissions unit's potential 

to emit, in tons per year, as defined in Section I.B.37. of Part A of this 

regulation. 

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II.A.37. Reactivation of Very Clean Coal-fired Electric Utility Steam Generating Unit 

Any physical change or change in the method of operation associated with the 

commencement of commercial operations by a coal-fired utility unit after a period of 

discontinued operation where the unit: 

II.A.37.a. Has not been in operation for the two year period prior to the 

enactment of the Clean Air Act Amendments of 1990, and the emissions 

from such unit continue to be carried in the permitting authority's emissions 

inventory at the time of the enactment; 

II.A.37.b. Was equipped prior to shut-down with a continuous system of 

emissions control that achieves a removal efficiency for sulfur dioxide of no 

less than eighty-five percent and a removal efficiency for particulates of no 

less than ninety-eight percent; 

II.A.37.c. Is equipped with low-nitrogen oxide burners prior to the time of 

commencement of operations following reactivation; and 

II.A.37.d. Is otherwise in compliance with the requirements of the Federal Act. 

II.A.38. Regulated NSR Pollutant 

II.A.38.a. Nitrogen oxides or any volatile organic compound; 

II.A.38.b. Any pollutant for which a national ambient air quality standard has 

been promulgated; 

II.A.38.c. Any pollutant that is a constituent or precursor of a general pollutant 

listed under Sections II.A.38.a. or II.A.38.b., above,(e.g. volatile organic 

compounds and oxides of nitrogen are precursors for ozone) provided that 

such a constituent or precursor pollutant may only be regulated under NSR 

as part of regulation of the general pollutant. Precursors for the purposes of 

New Source Review are the following: 

II.A.38.c.(i) Nitrogen oxides or any volatile organic compound are 

precursors to ozone; 

II.A.38.c.(ii) Sulfur dioxide is a precursor to PM2.5; 

II.A.38.c.(iii) Nitrogen oxides are precursors to PM2.5. 

II.A.38.d. Any pollutant that is subject to any standard promulgated under 

Section 111 of the Federal Act; 

II.A.38.e. Any pollutant that otherwise is subject to regulation under the 

Federal Act as defined in Section 1.8.44. or Part A; 

II.A.38.f. Notwithstanding Sections II.A.38.a. through e. of this Part D, the term 

regulated NSR pollutant shall not include any or all hazardous air pollutants 

either listed in Section 112 of the Federal Act (that have not been delisted 

pursuant to Section 112(b)(3) of the Federal Act) or Appendix 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. 

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II.A.38.g. Particulate matter (PM) emissions, PM2.5 emissions and PM10 

emissions shall include gaseous emissions from a source or activity which 

condense to form particulate matter at ambient temperatures. On or after 

January 1, 2011, such condensable particulate matter shall be accounted for 

in applicability determinations and in establishing emissions limitations for 

PM, PM2.5 and PM10 in PSD permits. Compliance with emission limitations 

for PM, PM2.5 and PM10 issued prior to this date shall not be based on 

condensable particulate matter unless required by the terms and conditions 

of the permit or the applicable implementation plan. Applicability 

determinations made prior to this date without accounting for condensable 

particulate matter shall not be considered in violation of this section. 

II.A.39. Replacement Unit 

An emissions unit for which all the criteria listed in Sections II.A.39.a. through II.A.39.d. are 

met. No creditable emission reductions shall be generated from shutting down the existing 

emissions unit that is replaced. 

II.A.39.a. The emissions unit is a reconstructed unit within the meaning of 

Code of Federal Regulations Title 40, Section 60.15(b)(1), or the emissions 

unit completely takes the place of an existing emissions unit. 

II.A.39.b. The emissions unit is identical to or functionally equivalent to the 

replaced emissions unit. 

II.A.39.c. The replacement does not alter the basic design parameters of the 

process unit. 

II.A.39.d. The replaced emissions unit is permanently removed from the major 

stationary source, otherwise permanently disabled, or permanently barred 

from operation by a permit that is enforceable as a practical matter. If the 

replaced emissions unit is brought back into operation, it shall constitute a 

new emissions unit. 

II.A.40. Repowering 

II.A.40.a. Replacement of an existing coal-fired boiler with one of the following 

clean coal technologies: atmospheric or pressurized fluidized bed 

combustion, integrated gasification combined cycle, magnetohydrodynamics, 

direct and indirect coal-fired turbines, integrated gasification fuel cells, or as 

determined by the Administrator, in consultation with the Secretary of 

Energy, a derivative of one or more of these technologies, and any other 

technology capable of controlling multiple combustion emissions 

simultaneously with improved boiler or generation efficiency and with 

significantly greater waste reduction relative to the performance of 

technology in widespread commercial use as of November 15, 1990. 

II.A.40.b. Repowering shall also include any oil and/or gas-fired unit that have 

been awarded clean coal technology demonstration funding as of January 1, 

1991, by the Department of Energy. 

II.A.41. Secondary Emissions 

Emissions that occur as a result of the construction or operation of a major stationary source 

or major modification, but do not come from the major stationary source or major modification 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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itself. For the purpose of this Part D, secondary emissions must be specific, well defined, 

quantifiable, and impact the same general area as the stationary source or modification that 

causes the secondary emissions. Secondary emissions include emissions from any offsite 

support facility that would not otherwise be constructed or increase its emissions except as a 

result of the construction or operation of the major stationary source or major modification. 

Secondary emissions do not include any emissions that come directly from a mobile source, 

such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

II.A.42. Significant 

II.A.42.a. Unless the context otherwise requires, a significant rate of 

emissions in tons per year is defined as a value that would equal or exceed 

any of the following: 

Carbon monoxide: 100 tons per year 

Nitrogen Oxides: 40 (nitric oxide + nitrogen dioxide) tons per year 

Sulfur dioxide: 40 tons per year 

Particulate matter: 25 tons per year particulate matter emissions or, 15 tons 

per year of PM10 emissions 

PM10 - Precursors in the Denver Metropolitan PM10 attainment/maintenance 

area: 40 tons per year for each individual precursor (nitrogen oxides or sulfur 

oxides) 

PM2.5: 10 tons per year of direct PM2.5 emissions; 40 tons per year of sulfur 

dioxide emissions; or 40 tons per year of nitrogen dioxide emissions 

Ozone: 40 tons per year of volatile organic compounds or nitrogen oxides 

Lead: 0.6 tons per year 

Fluorides: 3 tons per year 

Sulfuric acid mist: 7 tons per year 

Hydrogen sulfide: 10 tons per year 

Total reduced sulfur (including hydrogen sulfide): 10 tons per year 

Reduced sulfur compounds (including hydrogen sulfide): 10 tons per year 

Municipal Waste Combustor Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per 

year (3.5 x 10-6 tons per year) 

Municipal Waste Combustor Metals (measured as particulate matter): 14 

megagrams per year (15 tons per year) 

Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and 

hydrogen chloride): 36 megagrams per year (40 tons per year) 

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Municipal Solid Waste Landfill Gases (measured as non-methane organic 

compounds): 45 megagrams per year (50 tons per year) 

II.A.42.b. Significant means, in reference to a net emissions increase or the 

potential of a source to emit a regulated NSR pollutant that this definition 

does not list, any emissions rate, except that this definition shall not apply to 

hazardous air pollutants listed in or pursuant to Section 112 of the Federal 

Act. 

II.A.42.c. Notwithstanding the significant emission rates above, significant 

means any emissions rate or any net emissions increase associated with a 

major stationary source or major modification, that would construct within ten 

kilometers of a Class I area, and have an impact on such area equal to or 

greater than one microgram/cubic meter ((g/m3 ) (twenty-four hour average). 

II.A.43. Significant Emissions Increase 

For a regulated NSR pollutant, an increase in emissions that is significant (as defined in 

Section II.A.42. of this Part D) for that pollutant. 

II.A.44. Significant Emissions Unit 

An emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is 

equal to or greater than the significant level (as defined in Section II.A.42. of this Part D or in 

the Federal Act, whichever is lower) for that PAL pollutant, but less than the amount that 

would qualify the unit as a major emissions unit (as defined in Section II.A.21. of this part). 

II.A.45. Small Emissions Unit 

An emissions unit that emits or has the potential to emit the PAL pollutant in an amount less 

than the significant level for that PAL pollutant (as defined in Section II.A.32. of this Part D or 

in the Federal Act, whichever is lower). 

II.A.46. Temporary Clean Coal Technology Demonstration Project 

A clean coal technology demonstration project that is operated for a period of five years or 

less, and that complies with the state implementation plan and other requirements necessary 

to attain and maintain the National Ambient Air Quality Standards during the project and after 

it is terminated. 

III. Permit Review Procedures 

Major stationary sources subject to the requirements of this Part D must apply for and obtain 

a Construction Permit in accordance with the procedures and requirements in Part B or an 

Operating permit in accordance with the procedures and requirements in Part C. 

The Division shall complete the processing of applications (including any requested public 

hearing) for sources subject Sections VI. and VII. of this Part D within twelve months of 

receipt of a complete application. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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IV. Public Comment Requirements 

IV.A. When public comment is required, or when the Division determines that an application 

warrants public comment in accordance with Section III.C.3. of Part B of this regulation, the 

Division shall, within fifteen calendar days after the preparation of the preliminary analysis, 

cause public notice of the application to be published in a newspaper of general distribution in 

the area in which the proposed project or activity is or will be located, and by such other 

means as necessary to assure notice to the affected public, which may include posting of 

such notice on the publicly accessible portion of the Division's web site, and cause a copy of 

the application, the preliminary analysis and the draft permit to be filed with the county clerk 

for each county in which the source is, or will be, located. The Division shall send written or 

electronic notice to persons requesting a notice of permit applications for the type of source 

or geographic area. 

IV.A.1. For sources subject to the provisions of Sections V. and VI. of this part, a copy of all 

the materials the applicant submitted, and a copy or summary of other materials, if 

any, considered in making the preliminary analysis shall be filed with the county clerk 

for each county in which the source is or will be located. In addition, for sources 

subject to the provisions of Sections V. and VI., a copy of the written or electronic 

notice of public comment shall be sent to the applicant, the U.S. EPA Administrator, 

and to officials and agencies having cognizance over the location where the 

proposed construction would occur, including any other state or local air pollution 

control agencies and any state, Indian governing body or Federal Land Manager 

whose lands may be affected by emissions from the source or modification. 

IV.A.2. Additionally, for permit applications subject to the requirements of this Part D, the 

notice shall contain the following information: 

IV.A.2.a. That comments are solicited on an innovative technological system for 

pollution control if proposed by the applicant and that a hearing by the 

Commission will be held on such system if requested by any interested 

person; 

IV.A.2.b. That comments are solicited on the air quality impacts of the source or 

modification; 

IV.A.2.c. That comments are solicited on alternatives to the source or modification; 

IV.A.2.d. That any interested person may submit a written request for a public 

comment hearing to be held pursuant to Section 1.7.0. of the Commission's 

procedural rules to receive comments regarding the foregoing concerns, the 

sufficiency of the preliminary analysis, and whether the Division should 

approve or deny the permit application; and 

IV.A.2.e. The degree of increment consumption that is expected from the source or 

modification. 

IV.A.3. Within fifteen calendar days after the preparation of the preliminary analysis for those 

applications subject to the requirements of this Part D, the Division shall forward to 

the applicant written notice of the applicant's right to a public comment hearing with 

respect to the application pursuant to Section 1.7.0. of the Commission's procedural 

rules. 

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IV.A.4. A hearing request pursuant to Section IV.A.2.a. of this Part D, regarding innovative 

control, must be transmitted by the Division to the Commission within twenty days 

after its receipt. 

IV.A.5. A hearing request pursuant to Section IV.A.2.d. of this Part D must be transmitted by 

the Division to the Commission, along with the complete permit application, the 

preliminary analysis, the draft permit, and any written comments received by the 

Division within five days after the end of the thirty-day comment period. At least thirty 

days prior to the date set for the public comment hearing, the notice of public 

comment hearing, the preliminary analysis and the draft permit shall be posted on the 

Division's web site. No substantive revisions shall be made to the draft permit during 

the thirty days prior to the public comment hearing. 

IV.A.6. The Commission shall hold a public comment hearing within sixty days of its receipt 

of the request for such hearing pursuant to Section IV.A.2. of this Part D (unless such 

greater time is agreed to by the applicant and the Division), but at least sixty days 

after receipt by any Federal Land Manager of notice and the permit application 

required pursuant to Section XIII.A. of this Part D. The Division shall appear at the 

public comment hearing in order to present the permit application. At least thirty days 

prior to such hearing, notice thereof shall be mailed by the Commission to the 

applicant, to any interested person who submitted a request for a public hearing and 

to any Federal Land Manager given notice pursuant to Section XIII.A., printed in a 

newspaper of general distribution in the area of the proposed source or modification, 

and submitted for public review with the county clerk for each county in which the 

source or modification is or will be located. Except as provided herein and in the 

notice, such hearings will be conducted pursuant to the Act, the Procedural Rules of 

the Air Quality Control Commission and the State Administrative Procedure Act, 

Colorado Revised Statutes, Section 24-4-101 et seq. 

IV.A.7. Within fifteen days after the Division makes a final decision on an application subject 

to the requirements of this Part D, the Division shall make available for public 

inspection the decision and all public comments with the county clerk for each county 

where the pre-construction information was made available. 

V. Requirements Applicable to Nonattainment Areas 

V.A. Major Stationary Sources. 

For any new major stationary source or major modification, the Division shall grant a permit if 

it determines that the following conditions in Sections V.A.1. through V.A.6., as well as those 

in Section III.D.1. of Part B of this regulation, will be met: 

V.A.1. The proposed source will achieve the lowest achievable emission rate for the specific 

source category. 

V.A.2. The applicant has certified that all other existing major stationary sources owned, 

operated, or controlled by the applicant (or any entity controlling, controlled by, or 

under the common control with the applicant) in Colorado are in compliance with the 

requirements of the State implementation plan and the federally approved state 

implementation plan, or are subject to and in compliance with an enforceable 

compliance schedule, or a federally enforceable compliance schedule. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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V.A.3. Prior to the date of commencement of operations, the ratio of total actual emission 

reductions compared to the emissions increase (offsets) shall be at least one for one 

(1:1), unless an alternative ratio is provided for the applicable nonattainment area as 

identified in Section V.A.3.a., below. 

V.A.3.a. Offset Ratios 

V.A.3.a(i) For ozone nonattainment areas that are subject to subpart 2, 

part D, title I of the Federal Act, the offset ratio of total actual 

emission reductions of VOC to the emissions increase of VOC shall 

be as follows: 

V.A.3.a(i)(a) In any marginal nonattainment area for ozone — at least 

1.1:1; 

V.A.3.a(i)(b) In any moderate nonattainment area for ozone — at least 

1.15:1; 

V.A.3.a(i)(c) In any serious nonattainment area for ozone — at least 1.2:1; 

V.A.3.a(i)(d) In any severe nonattainment area for ozone — at least 1.3:1; 

Or 

V.A.3.a(i)(e) In any extreme nonattainment area for ozone — at least 

1.5:1. 

V.A.3.a.(ii) For all areas within an ozone transport region that is subject 

to subpart 2, part D, title 1 of the Federal Act, and that are not 

designated as serious, severe or extreme and are subject to subpart 

1, part D, title 1 of the Federal Act — at least 1.15:1. 

V.A.3.a.(iii) For ozone nonattainment areas that are subject to subpart 1, 

part D, title I of the Federal Act, including 8-hour ozone 

nonattainment areas subject to 40 CFR, Part 51, Section 51.902(b), 

the ratio of total actual emissions reductions of VOC to the emissions 

increase of VOC shall be at least 1:1. 

V.A.3.b. Offsets must be obtained from existing sources (whether or not 

under the same ownership) within the nonattainment area for each pollutant, 

or its precursors, for which the area is nonattainment. Offsets must represent 

reasonable further progress towards attainment of the National Ambient Air 

Quality Standards when considered in connection with other new and 

existing sources of emissions. In addition, offsets for PM10, PM2.5, sulfur 

oxides, and carbon monoxide must show, through atmospheric modeling, a 

positive net air quality benefit in the area affected by the emissions. 

Provided, however, that offsets meeting the requirements of this Section 

V.A.3. may also be obtained from existing sources outside the nonattainment 

area if the applicant demonstrates: 

V.A.3.b.(i) A greater air quality benefit may thus be achieved, or 

sufficient offsets are not available from sources within the 

nonattainment area; and 

V.A.3.b.(ii) The other area has an equal or higher nonattainment 

classification than the area in which the source is located; and 

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V.A.3.b.(iii) Emissions from such other area contribute to a violation of 

the National Ambient Air 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 of the 

required offsets to new emissions the greater the distance such 

offsets are from the new or modified source. 

V.A.3.c. Offsets must be for the same regulated NSR pollutant, except that 

offset requirements for direct PM2.5 emissions or PM2.5 precursors may be 

satisfied by offsetting reductions in direct PM2.5 emissions or emissions of 

any PM2.5 precursor identified under Section II.A.38. of Part D. 

V.A.4. The permit application shall include an analysis of alternative sites, sizes, production 

processes and environmental control techniques for such proposed source that 

demonstrates that benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or 

modification. 

V.A.5. Offsets for which emission reduction credit is taken must be enforceable through 

permit conditions or source specific state implementation plan revisions. 

V.A.6. The applicant will demonstrate that emissions from the proposed source will not 

adversely impact visibility in a Class I area. This demonstration shall be reviewed by 

the Federal Land Manager and any determination made by the Federal Land 

Manager shall be considered in the Division's decision to grant the permit. If an 

adverse impact, as described in Section XIV.E., is predicted by the Division, the 

permit application will be denied. Federal Land Manager involvement shall follow the 

same procedures as stated in Section XIII.A. of this Part D. The demonstration will be 

performed using either techniques described in the latest version of the U.S. EPA 

document entitled "Workbook for Estimating Visibility Impairment" or other techniques 

approved by the Division. 

V.A.7. Applicability of Certain Nonattainment Area Requirements 

V.A.7.a.Any major stationary source in a nonattainment area is subject to the 

requirements of Section V.A. of this Part D. 

V.A.7.b.The requirements of Section V.A. shall apply at such time that any stationary 

source or modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any enforceable limitation that 

was established after August 7, 1980 on the capacity of the source or 

modification to otherwise emit a pollutant, such as a restriction on hours of 

operation. 

V.A.7.c. The following provisions apply to projects at existing emissions units at a 

major stationary source (other than projects at a source with a PAL) in 

circumstances where there is a project that is not a part of a major 

modification and the owner or operator elects to use the method specified in 

Sections II.A.36.b.(i) through II.A.36.b.(iii) of this Part D for calculating 

projected actual emissions. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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V.A.7.c.(i) Before beginning actual construction of the project, the 

owner or operator shall document and maintain a record of the 

following information: 

V.A.7.c.(i)(A) A description of the project; 

V.A.7.c.(i)(B) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the 

project; and 

V.A.7.c.(i)(C) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, 

the projected actual emissions, the amount of emissions excluded under Section II.A.36.b.(iii) of this part and an explanation for why such amount was excluded, and any netting 

calculations, if applicable. 

V.A.7.c.(ii) If the emissions unit is an existing electric utility steam 

generating unit, before beginning actual construction, the owner or 

operator shall provide a copy of the information set out in Section 

V.A.7.c.(i) to the Division. Nothing in this Section V.A.7.c.(ii) shall be 

construed to require the owner or operator of such a unit to obtain 

any determination from the Division before beginning actual 

construction. 

V.A.7.c.(iii) The owner or operator shall monitor the emissions of any 

regulated NSR pollutant that could increase as a result of the project 

and that is emitted by any emissions units identified in Section 

V.A.7.c.(i)(B); and calculate and maintain a record of the annual 

emissions, in tons per year on a calendar year basis, for a period of 

five years following resumption of regular operations after the 

change, or for a period of ten years following resumption of regular 

operations after the change if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such 

emissions unit. 

V.A.7.c.(iv) If the unit is an existing electric utility steam generating unit, 

the owner or operator shall submit a report to the Division within sixty 

days after the end of each year during which records must be 

generated under Section V.A.7.c.(iii) setting out the unit's annual 

emissions during the calendar year that preceded submission of the 

report. 

V.A.7.c.(v) If the unit is an existing unit other than an electric utility 

steam generating unit, the owner or operator shall submit a report to 

the Division if the annual emissions, in tons per year, from the project 

identified in Section V.A.7.c.(i), exceed the baseline actual emissions 

(as documented and maintained pursuant to Section V.A.7.c.(i)(C)) 

by a significant amount (as defined in Section II.A.42. of this part) for 

that regulated NSR pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant 

to Section V.A.7.c.(i)(C). Such report shall be submitted to the 

Division within sixty days after the end of such year. The report shall 

contain the following: 

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V.A.7.c.(v)(A) The name, address and telephone number of owner 

or operator of the major stationary source; 

V.A.7.c.(v)(B) The annual emissions as calculated pursuant to 

Section V.A.7.c.(iii); and 

V.A.7.c.(v)(C) Any other information that the owner or operator 

wishes to include in the report (e.g., an explanation as to 

why the emissions differ from the preconstruction projection). 

V.A.7.d.The owner or operator of the source shall make the information required to 

be documented and maintained pursuant to Section V.A.7.c. available for 

review upon request for inspection by the Division or the general public. 

V.A.8. Exemptions from certain nonattainment area requirements: 

V.A.8.a.The following are exempt from the major stationary source criteria of Section 

V.A.3. of this part. 

V.A.8.a.(i)(A) Portable sources that will relocate outside a nonattainment area in less than one year. 

V.A.8.a.(i)(B) Each pilot plant that operates an aggregate of less 

than six months. 

V.A.8.a.(i)(C) Construction phases of a new or modified building, 

facility, structure, or installation. These may, at the discretion of the Division, exceed a period of one year. 

V.A.8.a.(i)(D) Other temporary processes or activities of less than 

one year in duration. 

V.A.8.a.(i)(E) Sources undergoing fuel switches as required by 

federal order if the Division determines that: 

V.A.8.a.i(E)(1) The applicant has used best efforts in seeking the 

required emission offsets but was unsuccessful; 

V.A.8.a.i(E)(2) All available emission offsets were obtained; and, 

V.A.8.a.i(E)(3) The applicant will continue to seek emission offsets 

as they become available. 

VI. Requirements applicable to attainment and unclassifiable areas and pollutants 

implemented under Section 110 of the Federal Act (Prevention of Significant 

Deterioration Program). 

VI.A. Major Stationary Sources and Major Modifications. 

The requirements of this Section VI. shall apply to any major stationary source and any major 

modification with respect to each pollutant regulated under the Act and the Federal Act that it 

would emit, except as this Regulation Number 3 would otherwise allow. 

For any new major stationary source or major modification proposing to construct in any area 

in Colorado designated under Section 107 (d) of the Federal Act as attainment or 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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unclassifiable for any criteria pollutant as of the date of submittal of a complete application 

under this Regulation Number 3, or for pollutants implemented under Section 110 of the 

Federal Act, the Division shall grant a permit if it determines that the following requirements, 

in addition to those in Section III.D.1. of Part B of this regulation, have been or will be met: 

VI.A.1. Control Technology Review. 

VI.A.1.a. A new major stationary source shall apply Best Available Control 

Technology for each pollutant regulated under the Act or Federal Act that it 

would have the potential to emit in significant amounts. 

VI.A.1.b. A major modification shall apply best available control technology for 

each pollutant regulated under the Act or Federal Act for which there would 

be a significant net emissions increase at the source. This requirement 

applies to each proposed emissions unit at which a net emissions increase in 

the pollutant would occur as a result of a physical change or change in the 

method of operation of the unit. 

VI.A.1.c. For phased construction projects, the determination of best available 

control technology shall be reviewed and modified as appropriate at the 

latest reasonable time which occurs no later than eighteen months prior to 

commencement of construction of each independent phase of the project. 

The review will be conducted in a timely manner that will allow the owner or 

operator to proceed with scheduled construction of the source. During the 

review, the owner or operator of the applicable stationary source may be 

required to demonstrate the adequacy of any previous determination of best 

available control technology for the source. 

VI.A.2. Source Impact Analysis. The owner or operator of the proposed source or 

modification shall demonstrate to the Division that allowable emission increases from 

the proposed source or modification in conjunction with all other applicable emissions 

increases or reductions (including secondary emissions) will not cause or contribute 

to concentrations of air pollutants in the ambient air in violation of either Section 

VI.A.2.a. or b., as clarified for any relevant air pollutant, in Section VI.A.2.c.: 

VI.A.2.a. Any state or national ambient air quality standard in any baseline 

area or air quality control region; or 

VI.A.2.b. Any applicable maximum allowable increase over the baseline 

concentration in any area. 

VI.A.2.c. For the purposes of PM2.5, this demonstration is deemed to have 

been made if the emission increase from the new stationary source alone or 

from the modification alone would cause, in all areas, air quality impacts less 

than the following amounts: 

Pollutant Averaging Time Class I area Class II area Class III area 

PM2.5 Annual 0.06 pg/m3 0.3 pg/mJ 0.3 pg/m3 

24-hr 0.07 pg/m3 1.2 pg/m3 1.2 pg/m3 

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VI.A.3. Pre-construction Monitoring and Analysis 

VI.A.3.a. An analysis of ambient air quality in any area that would be affected 

by the proposed major stationary source or major modification shall be 

performed for each pollutant regulated under the Act or Federal Act that the 

source or modification would emit or have the potential to emit in a significant 

amount, or for which there would be a significant net emissions increase. 

VI.A.3.b. With respect to any such regulated pollutant for which no national 

ambient air quality standard exists and for which there is an acceptable 

method for the monitoring of that pollutant, the analysis shall contain such air 

quality monitoring data as the Division determines are necessary to assess 

ambient air quality for that pollutant in any area that emissions of that 

pollutant would affect. 

VI.A.3.c. With respect to any such pollutant for which a national ambient air 

quality standard does exist, the analysis shall contain continuous air quality 

monitoring data gathered for purposes of determining whether emissions of 

that pollutant would cause or contribute to a violation of the applicable 

standard or any maximum allowable increase. 

VI.A.3.d. In general, the continuous air quality monitoring data that are 

required under Section VI.A.3.c., or the pre-application monitoring of air 

quality related values required by Section XIII.B. of this part, shall have been 

gathered over a period of one year and shall represent the year preceding 

receipt of the application, except that, if the Division determines that a 

complete and adequate analysis can be accomplished with monitoring data 

gathered over a period shorter than one year (but not to be less than four 

months), the data that are required shall have been gathered over at least 

that shorter period. 

VI.A.3.e. The owner or operator of a proposed major stationary source or 

major modification of volatile organic compounds who satisfies all conditions 

of the Code of Federal Regulations Title 40, Part 51, Appendix S, Section IV. 

(but not including conditions resulting from amendments after July 1, 1991 

and not including Section IV. B. of Appendix S) may provide post-approval 

monitoring data for ozone in lieu of providing pre-construction data as 

required under Section VI.A.3.a. (Information on obtaining the Code of 

Federal Regulations Title 40, Part 51, Appendix S, Section IV. is available 

from the Director, Air Pollution Control Division, 4300 Cherry Creek Drive 

South, Denver, Colorado, 80246-1530.) 

VI.A.4. Post-Construction Monitoring. At its discretion, the Division may require that the 

owner or operator of a major stationary source or major modification conduct postconstruction ambient monitoring for a period up to one year. The Division may also 

require additional monitoring beyond the one year period if such monitoring is 

necessary to determine the effect emissions from the stationary source or 

modification have, or may have, on air quality in any area. The monitoring of air 

quality related values or sensitive receptors required by Section XIII.B. of this part, 

shall be for such time as is necessary to determine the effect emissions from the 

source or modification will have on the air quality related values or sensitive 

receptors. 

Post-construction monitoring requirements will be permit conditions. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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VI.A.5. Operation of Monitoring Stations. The owner or operator of a major stationary source 

or major modification shall use the U.S. EPA accepted procedures for ambient 

monitoring as approved by the Division during the operation of monitoring stations for 

purposes of satisfying the requirements of Sections VI.A.3. and VI.A.4., above. 

VI.A.6. Additional Impact Analysis. For each pollutant that is regulated under the Act or the 

Federal Act, and for which the source or modification would emit in significant 

amounts (as defined in Section II.A.42. of this part) or for which there would be a 

significant net emissions increase, the owner or operator shall provide an analysis of 

the impairment to visibility, water, soils, and vegetation that would occur as a result of 

the emissions of such pollutant from the source or modification and general 

commercial, residential, industrial, and other growth associated with the source or 

modification. The analysis of impairment to water will not be used in the 

determination of best available control technology. The owner or operator need not 

provide an analysis of the impact on vegetation having no significant commercial or 

recreational value. The additional impact analysis will include the effects on air quality 

related values as stated in Section XIII.B. of this part, if applicable. 

The owner or operator shall provide an analysis of the air quality impact projected for 

the area as a result of general commercial, residential, industrial and other growth 

associated with the source or modification. 

VI.B. Applicability of Certain PSD Requirements. 

VI.B.1. The requirements of Section VI.A. do not apply to a major stationary source or major 

modification with respect to a particular pollutant if the owner or operator 

demonstrates that, as to that pollutant: 

VI.B.1.a. The source or modification is subject to Part 3 of the Act and Section 

V. of this part, and the source or modification would not impact any area 

designated as attainment or unclassifiable for that pollutant; or 

VI.B.1.b. The emissions from the source or modification would not be 

significant; or 

VI.B.1.c. The source or modification is a portable stationary source that has 

previously received a permit under requirements equivalent to those 

contained in Section VI.A. of this part if: 

VI.B.1.c.(i) The source proposes to relocate and emissions of the 

source at the new location would be temporary; 

VI.B.1.c.(ii) The emissions from the source would not exceed its 

allowable emissions; 

VI.B.1.c.(iii) The emissions from the source would impact no Class I area 

and no area where an applicable increment is known to be violated; 

and 

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VI.B.1.c.(iv) Reasonable notice identifying the proposed new location and 

the probable duration of operation at the new location and a revised 

Air Pollutant Emission Notice is given to the Division prior to the 

relocation. Such notice and revised Air Pollutant Emission Notice 

shall be given to the Division not less than ten days in advance of the 

proposed relocation unless a different time duration is previously 

approved by the Division. 

VI.B.2. The requirements contained in Sections VI.A.2. through VI.A.4. of this part do not 

apply: 

VI.B.2.a. To a proposed major stationary source or major modification with 

respect to a particular pollutant, if the emissions would be from a temporary 

source, modification or activity, such as construction or exploration, and 

would not have an impact on air quality in any Class I area or an area where 

an applicable increment is known to be violated; or 

VI.B.2.b. As they relate to any maximum allowable increase for a Class II 

area, to a modification of a major stationary source that was in existence on 

March 1, 1978, if the net increase in allowable emissions of each pollutant 

subject to regulation, excluding GHG, under the Act from the modification 

after the application of best available control technology would be less than 

fifty tons per year. 

VI.B.3. The Division may exempt a proposed major stationary source or major modification 

from the requirements of Sections VI.A.3. through VI.A.5. of this part, with respect to 

monitoring for a particular pollutant if: 

VI.B.3.a. The emissions of the pollutant from the new stationary source or the 

net emissions increase of the pollutant from the modification would cause air 

quality impacts, in any area, less than the following: 

VI.B.3.a.(i) Carbon monoxide - 575 pg/m 3 , 8-hour average; 

VI.B.3.a.(ii) Nitrogen dioxide - 14 pg/m 3 , annual average; 

Vl.B.3.a.(iii) Particulate Matter - PM10 -- 10 pg/m 3 , 24-hour average; 

PM2.5 — 4 pg/m 3 , 24-hour average; 

VI.B.3.a.(iv) Sulfur dioxide - 13 pg/m 3 , 24-hour average; 

VI.B.3.a.(v) Lead - 0.1 pg/m3 , 3-month average; 

VI.B.3.a.(vi) Fluorides - 0.25 pg/m 3 , 24-hour average; 

VI.B.3.a.(vii) Total reduced sulfur - 10 pg/m 3 , 1-hour average; 

VI.B.3.a.(viii) Hydrogen sulfide - 0.2 pg/m 3 , 1-hour average; 

VI.B.3.a.(ix) Reduced sulfur compounds - 10 pg/m 3 , 1-hour average; or 

VI.B.3.b. The existing concentrations of the pollutant in the area that the 

source or modification would affect are less than the concentrations listed in 

this section; or 

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VI.B.3.c. For ozone, the emissions increase or net emissions increase of 

volatile organic compounds or nitrogen oxides from the source or 

modification would be less than 100 tons per year; or 

VI.B.3.d. The pollutant is not referred to in this Section VI.B.3.a.; or 

VI.B.3.e. The source or modification was subject to Section VI., with respect to 

PM2.5, as in effect before July 15, 2008, and the owner or operator 

submitted an application for a permit under this Section VI.A. of Part D before 

that date consistent with EPA recommendations to use PM10 as a surrogate 

for PM2.5, and the Division subsequently determines that the application as 

submitted was complete with respect to the PM2.5 requirements then in 

effect, as interpreted by EPA in the memorandum entitled "Interim 

Implementation of New Source Review Requirements for PM2.5" (October 

23, 1997). Instead, the requirements of Section VI.A. of this Part D, as 

interpreted in the aforementioned memorandum, that was in effect before 

July 15, 2008 shall apply to such source or modification. 

VI.B.4. The requirements of this Part D shall apply at such time that any stationary source or 

modification becomes a major stationary source or major modification solely by virtue 

of a relaxation in any enforceable limitation that was established after August 7, 

1980, on the capacity of the source or modification to otherwise emit a pollutant such 

as a restriction on hours of operation. 

VI.B.5. The following provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances 

where there is a project that is not a part of a major modification and the owner or 

operator elects to use the method specified in Sections II.A.36.b.(i) through 

II.A.36.b.(iii) of this Part D for calculating projected actual emissions. 

VI.B.5.a. Before beginning actual construction of the project, the owner or 

operator shall document and maintain a record of the following information: 

Vl.B.5.a.(i) A description of the project; 

VI.B.5.a.(ii) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and 

VI.B.5.a.(iii) A description of the applicability test used to determine that 

the project is not a major modification for any regulated NSR 

pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under Section 

II.A.36.b.(iii) of this part, and an explanation for why such amount 

was excluded, and any netting calculations, if applicable. 

VI.B.5.b. If the emissions unit is an existing electric utility steam-generating 

unit, before beginning actual construction, the owner or operator shall 

provide a copy of the information set out in Section VI.B.5.a. to the Division. 

Nothing in this Section VI.B.5.b. shall be construed to require the owner or 

operator of such a unit to obtain any determination from the Division before 

beginning actual construction. 

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VI.B.5.c. The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that is 

emitted by any emissions unit identified in Section VI.B.5.a.(ii); and calculate 

and maintain a record of the annual emissions, in tons per year on a 

calendar year basis, for a period of five years following resumption of regular 

operations after the change, or for a period of ten years following resumption 

of regular operations after the change if the project increases the design 

capacity or potential to emit of that regulated NSR pollutant at such 

emissions unit. 

VI.B.5.d. If the unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the Division within sixty days after 

the end of each year during which records must be generated under Section 

VI.B.5.c. setting out the unit's annual emissions during the calendar year that 

preceded submission of the report. 

VI.B.5.e. If the unit is an existing unit other than an electric utility steamgenerating unit, the owner or operator shall submit a report to the Division if 

the annual emissions, in tons per year, from the project identified in Section 

VI.B.5.a. exceed the baseline actual emissions (as documented and 

maintained pursuant to Section VI.B.5.a.(iii)) by a significant amount (as 

defined in Section II.A.42. of this part) for that regulated NSR pollutant, and if 

such emissions differ from the preconstruction projection as documented and 

maintained pursuant to Section VI.B.5.a.(iii). Such report shall be submitted 

to the Division within sixty days after the end of such year. The report shall 

contain the following: 

VI.B.5.e.(i) The name, address and telephone number of the major 

stationary source; 

VI.B.5.e.(ii) The annual emissions as calculated pursuant to Section 

VI.B.5.c.; and 

VI.B.5.e.(iii) Any other information that the owner or operator wishes to 

include in the report (e.g., an explanation as to why the emissions 

differ from the preconstruction projection). 

VI.B.6. The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to Section VI.B.5. available for review upon 

request for inspection by the Division or the general public. 

VI.B.7. A stationary source or modification may apply the applicable maximum allowable 

increases for total suspended particulate matter as in effect on the date of the permit 

application, in meeting the requirements of Section VI.A.2. of this part, if the following 

requirements are met: 

VI.B.7.a. The owner or operator of the source or modification submitted an 

application for a permit under Regulation Number 3 before the provisions for 

maximum allowable increases for PM10 took effect; and 

VI.B.7.b. The Division determines that the application as submitted, before the 

date that the maximum allowable increases for PM10 took effect, was 

complete. 

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VI.C. Notice to the U.S. EPA. 

The Division shall transmit to the Administrator of the U. S. EPA a copy of each permit 

application relating to a major stationary source or major modification subject to this 

regulation, and provide notice of every action related to the consideration of such permit. 

VI.D. Major Stationary Sources in attainment areas affecting nonattainment areas. 

VI.D.1. For any new major stationary source or major modification that is proposed to be 

constructed in an area designated under Section 107(d) of the Federal Act as 

attainment or unclassifiable for a particular pollutant and the emissions of such 

pollutant from which would significantly affect ambient air quality in an area 

designated as nonattainment for such pollutant, the Division shall grant a permit if it 

determines that one or both of the following conditions, as well as those in Section 

111.0.1. of Part B and Section VI.A. of this Part D will be met: 

VI.D.1.a. The proposed source or modification will meet the requirements of Sections 

V.A.1. and V.A.2. of this part, and obtain sufficient emission reductions of 

such pollutant in the nonattainment area to offset that portion of its emissions 

of such pollutant that affect the nonattainment area. Offsets may be obtained 

from outside the nonattainment area as provided in Section V.A.3. of this 

part; or 

VI.D.1.b. The proposed source or modification will achieve an emissions rate that will 

ensure that the emissions of such pollutant from the source or modification 

will not significantly affect ambient air quality in the nonattainment area. 

VI.D.2. Ambient air quality will be deemed to be significantly affected if, but for any offsets, 

the applicable significance level set forth in the following table would be exceeded in 

the nonattainment area. 

TABLE OF SIGNIFICANCE LEVELS 

Pollutant Averaging Time 

Annual 24-Hour 8-Hour 3-Hour 1-Hour 

SO2 1.0 pg/m3 5 pg/m3 25 pg/m3 

PM10 1.0 pg/m3 5 pg/m3 

PM2.5 0.3 pg/m3 1.2 pg/m3 

NO2 1.0 pg/m3 

CO 500 pg/m3 2000 pg/m3 

VI.D.3. Any new major stationary source or major modification subject to this section that will 

emit or cause a net emissions increase in volatile organic compounds or oxides of 

nitrogen shall demonstrate to the satisfaction of the Division that its emissions will not 

affect any ozone nonattainment area or shall obtain offsets as required in Section 

VI.D.1., above. 

VI.D.4. Emission offsets for PM10, sulfur dioxide, and carbon monoxide, must show, through 

air quality modeling, a positive net air quality benefit in the portion of the 

nonattainment area affected by emissions from the proposed source or modification. 

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VII. Negligibly Reactive Volatile Organic Compounds (NRVOCs) 

VII.A. The negligibly reactive volatile organic compounds referenced in the Common Provisions 

definition of negligibly reactive volatile organic compounds are considered to be of negligible 

photochemical reactivity and are neither counted as reactive volatile organic compounds in 

determining volatile organic compound emission contributions to an increase in ozone nor 

used as volatile organic compound emission offsets or other volatile organic compound 

emission trading credits against volatile organic compounds not listed in the common 

provisions negligibly reactive volatile organic compound definition. 

VII.B. Negligibly reactive volatile organic compounds may be substituted for volatile organic 

compounds and the resulting decrease in volatile organic compound emissions, if otherwise 

creditable, may be used for offset, banking or other emission trading credit. 

VIII. Area Classifications 

VIII.A. The following areas in Colorado shall be Class I areas and may not be redesignated: 

VIII.A.1.National Parks 

VIII.A.1.a. Rocky Mountain 

VIII.A.1.b. Mesa Verde 

VIII.A.2.National Wilderness Areas 

VIII.A.2.a. Black Canyon of the Gunnison 

VIII.A.2.b. Eagle's Nest 

VIII.A.2.c. Flattops 

VIII.A.2.d. Great Sand Dunes 

VIII.A.2.e. La Garita 

VIII.A.2.f. Maroon Bells - Snowmass 

VIII.A.2.g. Mount Zirkel 

VIII.A.2.h. Rawah 

VIII.A.2.i. Weminuche 

VIII.A.2.j. West Elk 

VIII.B. All other areas of Colorado, unless otherwise specified by Act of Congress or the Colorado 

legislature, or the Commission pursuant to Section IX. are designated Class II; provided, 

however that in the following areas as they existed on August 7, 1977 (maps available from 

the Division), the increase allowed in sulfur dioxide concentrations over the baseline 

concentration shall be the same as the increase established by Section 163(b) of the Federal 

Act for Class I areas, except that such allowable increases may not be allowed if a Federal 

Land Manager should make an adverse impact determination under Section XIII.C. with 

which the Division concurs and except that such allowable increases, may be exceeded by 

compliance with the provisions of Sections XIII.D., XIII.E., or XIII.F.: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 

Vlll.B.3.Lands administered by the Federal Bureau of Land Management in the Gunnison 

Gorge Recreation Area as of October 27, 1977. All areas designated Class II under 

this section may be redesignated as provided in Section IX. of this part. 

VIII.B.4.National Parks 

Black Canyon of the Gunnison (those portions not included as National Wilderness Areas in 

Section VIII.A.2.) 

VIII.C. The following areas may be redesignated only as Class I or II. 

VIII.C.1. An area that exceeds ten thousand acres in size and is a national monument, a 

national primitive area, a national preserve, a national recreational area, a national 

wild and scenic river, a national wildlife refuge, a national lakeshore; and 

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XIV.F.1.c.(i) The progress achieved in remedying existing impairment of 

visibility in any Class I area; 

XIV.F.1.c.(ii) The ability of the long-term strategy to prevent future 

impairment of visibility in any Class I area; 

XIV.F.1.c.(iii) Any change in visibility since the last such report, or in the case 

of the first report, since plan approval, including an assessment of 

existing conditions; 

XIV.F.1.c.(iv) Additional measures, including the need for state 

implementation plan revisions, that may be necessary to assure 

reasonable progress toward the national visibility goal; 

XIV.F.1.c.(v) The progress achieved in implementing Best Available Retrofit 

Technology and meeting other schedules set forth in the long-term 

strategy; 

XIV.F.1.c.(vi) The impact of any exemption granted under Section XIV.D.2.c.; 

and, 

XIV.F.1.c.(vii) The need for Best Available Retrofit Technology to remedy 

existing impairment in an integral vista declared since plan approval. 

XIV.G. Public Land Emission Inventories 

XIV.G.1. Federal Public Lands 

XIV.G.1.a. For the purposes of this Section XIV.G., federal land management agency 

means a federal agency that owns and manages at least 50,000 acres of 

federal land in Colorado. 

XIV.G.1.b. Federal land management agencies shall submit to the Commission 

emission inventories by December 31, 2001 and no less frequently than 

every five years thereafter. 

XIV.G.1.c. The inventory shall include the sources listed in Section XIV.G.3.b. of this 

regulation and emissions of criteria pollutants, including surrogates or 

precursors for such pollutants, from activities in Colorado or other states that 

may affect any mandatory class I federal area in Colorado by reducing 

visibility in such area. 

XIV.G.2. Colorado State Public lands 

XIV.G.2.a. The Division shall submit to the Commission emission inventories for all 

state land management agencies including the State Land Board, the 

Department of Agriculture, and the Department of Natural Resources by July 

1, 2002 and no less frequently than every five years thereafter. 

XIV.G.2.b. The inventory shall include the sources listed in Section XIV.G.3.b. of this 

regulation and emissions of criteria pollutants, including surrogates or 

precursors for such pollutants, from activities in Colorado that may affect any 

mandatory Class I federal area in Colorado by reducing visibility in such 

area. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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XIV.G.3. Public Land Emission Inventory Requirements 

XIV.G.3.a. The inventory shall include both current emissions and projected future 

emissions, over at least a five-year period. 

XIV.G.3.b. The following sources on public lands shall be included in the inventory: 

XIV.G.3.b.(i) Stationary source emissions, based on existing air pollution 

emission notices filed with the Division; 

XIV.G.3.b.(ii) Mobile sources utilizing state lands, excluding state and federal 

highways; 

XIV.G.3.b.(iii) Paved and unpaved roads; 

XIV.G.3.b.(iv) Fires on public lands from all sources; and 

XIV.G.3.b.(v) Biogenic sources, including emissions from flora and fauna. 

XIV.G.4. Public Hearings 

Not later than December 31, 2002, and no less frequently than every five years thereafter, a 

public hearing before the Commission shall be conducted to approve the public land emission 

inventories. 

XV. Actuals PALs 

XV.A. Applicability. 

XV.A.1. At the request of an owner or operator, the Division may approve the use of an 

actuals PAL in a Title V permit for any existing major stationary source that has 

operated for at least two years if the PAL meets the requirements in Sections XV.A. 

through XV.L. The term "PAL" shall mean "actuals PAL" throughout Section XV. of 

this part. 

XV.A.2. Any physical change in or change in the method of operation of a major stationary 

source that maintains its total source-wide emissions below the PAL level, meets the 

requirements in Sections XV.A. through XV.L., and complies with the PAL permit: 

XV.A.2.a. Is not a major modification for the PAL pollutant; 

XV.A.2.b. Is not subject to the major NSR review procedures in Sections I.B., 

V., and VI. of this part; and 

XV.A.2.c. Is not subject to the provisions in Section V.A.5.b. of this part 

(restrictions on relaxing enforceable emission limitations that the major 

stationary source used to avoid applicability of the major NSR program). 

XV.A.3. Except as provided under Section XV.A.2.c. above, a major stationary source shall 

continue to comply with all applicable Federal or State requirements, emission 

limitations, and work practice requirements that were established prior to the effective 

date of the PAL. 

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XV.B. Permit application requirements. 

As part of a permit application requesting a PAL, the owner or operator of a major stationary 

source shall submit the following information to the Division for approval (in addition to the 

information required by Part C of this Regulation): 

XV.B.1. A list of all emissions units at the source designated as small (as defined in Section 

II.A.45. of this part), significant (as defined in Section II.A.44. of this part), and major 

(as defined in Section II.A.21. of this part) based on their potential to emit, and 

identifying each as such. In addition, the owner or operator of the source shall 

indicate which, if any, Federal or State applicable requirements, emission limitations 

or work practices apply to each unit. 

XV.B.2. Calculations of the baseline actual emissions for each emissions unit listed in Section 

XV.B.1. above (with supporting documentation). Baseline actual emissions are to 

include emissions associated not only with operation of the unit, but also emissions 

associated with startup, shutdown and malfunction. 

XV.B.3. The calculation procedures that the major stationary source owner or operator 

proposes to use to convert the monitoring data to monthly emissions and annual 

emissions based on a twelve-month rolling total for each month as required by 

Section XV.M.1. 

XV.c.[XV.C.] General requirements for establishing PALs. 

XV.C.1. A PAL may be established at a major stationary source, provided that, at a minimum, 

the requirements in Sections XV.C.1.a. through XV.C.1.g. below are met. 

XV.C.1.a. The PAL shall impose an annual emission limitation in tons per year 

that is enforceable as a practical matter, for the entire major stationary 

source. For each month during the PAL effective period after the first twelve 

months of establishing a PAL, the major stationary source owner or operator 

shall demonstrate that the sum of the monthly emissions of the PAL pollutant 

from each emissions unit under the PAL for the previous twelve consecutive 

months is less than the PAL (a rolling twelve-month total). For each month 

during the first eleven months from the PAL effective date, the major 

stationary source owner or operator shall demonstrate that the sum of the 

preceding monthly emissions of the PAL pollutant for each emissions unit 

under the PAL is less than the PAL. 

XV.C.1.b. The PAL shall be established in a PAL permit section of an operating 

permit issued pursuant to Part C of this regulation that meets the public 

participation requirements in Section XV.D. 

XV.C.1.c. The PAL permit shall contain all the requirements of Section XV.F. 

XV.C.1.d. The PAL shall include fugitive emissions, to the extent quantifiable, 

from all emissions units that emit or have the potential to emit the PAL 

pollutant at the major stationary source. 

XV.C.1.e. Each PAL shall regulate emissions of only one pollutant. 

XV.C.1.f. Each PAL shall have a PAL effective period of ten years. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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XV.C.1.g. The owner or operator of the major stationary source with a PAL 

shall comply with the monitoring, recordkeeping, and reporting requirements 

provided in Sections XV.K. through XV.N. for each emissions unit under the 

PAL throughout the PAL effective period. 

XV.C.2. At no time (during or after the PAL effective period) are emissions reductions of a 

PAL pollutant, which occur during the PAL effective period, creditable as decreases 

for purposes of offsets under Section V. unless the level of the PAL is reduced by the 

amount of such emissions reductions and such reductions would be creditable in the 

absence of the PAL. 

XV.D. Public participation requirement for PALs. 

PALs for existing major stationary sources shall be established, renewed, or increased in 

accordance with the significant modification provisions set forth in Section I.A.7.of Part C of 

this regulation. The Division shall provide the public with notice of the proposed approval of a 

PAL permit and a thirty-day period for submittal of public comment. 

XV.E. Setting the ten-year actuals PAL level. 

XV.E.1. The actuals PAL level for a major stationary source shall be established as the sum 

of the baseline actual emissions (as defined in Section II.A.4. of this Part D) of the 

PAL pollutant for each emissions unit at the source, plus an amount equal to the 

applicable significant level for the PAL pollutant under Section II.A.42. of this part, or 

under the Federal Act, whichever is lower. 

XV.E.2. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 

twenty-four month period may be used to determine the baseline actual emissions for 

all existing emissions units. However, a different consecutive twenty-four month 

period may be used for each different PAL pollutant. 

XV.E.3. Emissions associated with units that were permanently shutdown after this twentyfour month period must be subtracted from the PAL level. 

XV.E.4. For newly constructed units (which do not include modifications to existing units) on 

which actual construction began after the twenty-four month period, in lieu of adding 

the baseline actual emissions as specified in Section XV.E.1., above, the emissions 

must be added to the PAL level in an amount equal to the potential to emit of the 

units. 

XV.E.5. The Division shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to 

become effective on the future compliance date(s) of any applicable Federal or State 

regulatory requirement(s) that the Division is aware of prior to issuance of the PAL 

permit. For instance, if the source owner or operator will be required to reduce 

emissions from industrial boilers in half from baseline emissions of 60 ppm NOx to a 

new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that 

is equal to the current PAL level reduced by half of the original baseline emissions of 

such unit(s). 

XV.F. Contents of the PAL permit. 

The PAL permit shall contain, at a minimum, the information in Sections XV.F.1. through 

XV.F.10. 

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XV.F.1. The PAL pollutant and the applicable source-wide emission limitation in tons per 

year. 

XV.F.2. The PAL permit effective date and the expiration date of the PAL (PAL effective 

period). 

XV.F.3. Specification in the PAL permit that if a major stationary source owner or operator 

applies to renew a PAL in accordance with Section XV.I. before the end of the PAL 

effective period, then the PAL shall not expire at the end of the PAL effective period. 

It shall remain in effect until a revised PAL permit is issued by the Division. 

XV.F.4. A requirement that emission calculations for compliance determination purposes 

include emissions from startups, shutdowns and malfunctions. 

XV.F.5. A requirement that, once the PAL expires, the major stationary source is subject to 

the requirements of Section XV. 

XV.F.6. The calculation procedures that the major stationary source owner or operator shall 

use to convert the monitoring data to monthly emissions and annual emissions based 

on a twelve-month rolling total for each month as required by Section XV. 

XV.F.7. A requirement that the major stationary source owner or operator monitors all 

emissions units in accordance with the provisions under Section XV. 

XV.F.8. A requirement to retain the records required under Section XV. on site. Such records 

may be retained in an electronic format. 

XV.F.9. A requirement to submit the reports required under Section XV. by the required 

deadlines. 

XV.F.10. Any other requirements that the Division deems necessary to implement and 

enforce the PAL. 

XV.G. Reopening of the PAL permit. 

XV.G.1.During the PAL effective period, the Division shall reopen the PAL permit to: 

XV.G.1.a. Correct typographical/calculation errors made in setting the PAL or 

reflect a more accurate determination of emissions used to establish the 

PAL. 

XV.G.1.b. Reduce the PAL if the owner or operator of the major stationary 

source creates creditable emissions reductions for use as offsets under 

Section V.A.3. of this Part D. 

XV.G.1.c. Revise the PAL to reflect an increase in the PAL as provided under 

Section XV.J. 

XV.G.2. The Division has discretion to reopen the PAL permit to: 

XV.G.2.a. Reduce the PAL to reflect newly applicable Federal requirements (for 

example, NSPS) with compliance dates after the PAL effective date. 

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XV.G.2.b. Reduce the PAL consistent with any other requirement, that is 

enforceable as a practical matter, and that the Division may impose on the 

major stationary source. 

XV.G.2.c. Reduce the PAL if the Division determines that a reduction is 

necessary to avoid causing or contributing to a NAAQS or PSD increment 

violation, or to an adverse impact on an air quality related value that has 

been identified for a Federal Class I area by a Federal Land Manager and for 

which information is available to the general public. 

XV.G.3. Except for the permit reopening in Section XV.G.1.a. for the correction of 

typographical/calculation errors that do not increase the PAL level, all other 

reopenings shall be carried out in accordance with the public participation 

requirements of Section XV.D. 

XV.H. Expiration of a PAL. 

Any PAL that is not renewed in accordance with the procedures in Section XV.I. shall expire 

at the end of the PAL effective period, and the requirements in Sections XV.H.1. through 

XV.H.5. shall apply. 

XV.H.1. Each emissions unit (or each group of emissions units) that existed under the PAL 

shall comply with an allowable emission limitation under a revised permit established 

according to the procedures in Sections XV.H.1. through XV.H.5. of this part. 

XV.H.1.a. Within the time frame specified for PAL renewals in Section XV.I.2., 

the major stationary source shall submit a proposed allowable emission 

limitation for each emissions unit (or each group of emissions units, if such a 

distribution is more appropriate as determined by the Division) by distributing 

the PAL allowable emissions for the major stationary source among each of 

the emissions units that existed under the PAL. If the PAL had not yet been 

adjusted for an applicable requirement that became effective during the PAL 

effective period, as required under Section XV.I.5., such distribution shall be 

made as if the PAL had been adjusted. 

XV.H.1.b. The Division shall determine whether and how the PAL allowable 

emissions will be distributed and issue a revised permit incorporating 

allowable limits for each emissions unit, or each group of emissions units, as 

the Division determines is appropriate. 

XV.H.2. Each emissions unit(s) shall comply with the allowable emission limitation on a 

twelve-month rolling total basis. The Division may approve the use of monitoring 

systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or 

CPMS to demonstrate compliance with the allowable emission limitation. 

XV.H.3. Until the Division issues the revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as required under Section 

XV.H.1.a., the source shall continue to comply with a source-wide, multi-unit 

emissions cap equivalent to the level of the PAL emission limitation. 

XV.H.4. Any physical change or change in the method of operation at the major stationary 

source will be subject to the major NSR requirements if such change meets the 

definition of major modification in Section II.A.22. of this Part D. 

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XV.H.5. The major stationary source owner or operator shall continue to comply with any 

State or Federal applicable requirements that may have applied either during the 

PAL effective period or prior to the PAL effective period except for those emission 

limitations that had been established pursuant to Sections V.A.7.b. and VI.B.4. of this 

part, but were eliminated by the PAL in accordance with the provisions in Section 

XV.A.2.c. 

XV.I. Renewal of a PAL. 

XV.I.1. The Division shall follow the procedures specified in Section XV.D. in approving any 

request to renew a PAL for a major stationary source, and shall provide both the 

proposed PAL level and a written rationale for the proposed PAL level to the public 

for review and comment. During such public review, any person may propose a PAL 

level for the source for consideration by the Division. 

XV.I.2. Application deadline. 

A major stationary source owner or operator shall submit a timely application to the Division 

to request renewal of a PAL. A timely application is one that is submitted at least twelve 

months prior to, but not earlier than eighteen months from, the date of PAL permit expiration. 

This deadline for application submittal is to ensure that the permit will not expire before the 

permit is renewed. If the owner or operator of a major stationary source submits a complete 

application , including any additional information requested by the Division, to renew the PAL 

within this time period, then the PAL shall continue to be effective until the revised permit with 

the renewed PAL is issued. 

XV.I.3. Application requirements. 

The application to renew a PAL permit shall contain the information required in Sections 

XV.I.3.a. through XV.I.3.d., below. 

XV.I.3.a. 

part. 

XV.I.3.b. 

The information required in Sections XV.B.1. through XV.B.3. of this 

A proposed PAL level. 

XV.I.3.c. The sum of the potential to emit of all emissions units under the PAL 

(with supporting documentation). 

XV.I.3.d. Any other information the owner or operator wishes the Division to 

consider in determining the appropriate level for renewing the PAL. 

XV.I.4. PAL adjustment. 

In determining whether and how to adjust the PAL, the Division shall consider the options 

outlined in Sections XV.I.4.a. and XV.1.4.b. However, in no case may any such adjustment fail 

to comply with Section XV.I.4.c. 

XV.I.4.a. If the emissions level calculated in accordance with Section XV.E. is 

equal to or greater than eighty percent of the PAL level, the Division may 

renew the PAL at the same level without considering the factors set forth in 

Section XV.I.4.b.; or 

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XV.I.4.b. The Division may set the PAL at a level that it determines to be more 

representative of the source's baseline actual emissions, or that it determines 

to be appropriate considering air quality needs, advances in control 

technology, anticipated economic growth in the area, desire to reward or 

encourage the source's voluntary emissions reductions, or other factors as 

specifically identified by the Division in its preliminary analysis or technical 

review document. 

XV.l.4.c. Notwithstanding Sections XV.l.4.a. and XV.I.4.b. above, 

XV.l.4.c.(i) If the potential to emit of the major stationary source is less 

than the PAL, the Division shall adjust the PAL to a level no greater 

than the potential to emit of the source; and 

XV.l.4.c.(ii) The Division shall not approve a renewed PAL level higher 

than the current PAL, unless the major stationary source has 

complied with the provisions of Section XV.J. (increasing a PAL). 

XV.l.5. If the compliance date for a State or Federal requirement that applies to the PAL 

source occurs during the PAL effective period, and if the Division has not already 

adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit 

renewal or Title V permit renewal, whichever occurs first. 

XV.J. Increasing a PAL during the PAL effective period. 

XV.J.1. The Division may increase a PAL emission limitation only if the major stationary 

source complies with the provisions in Sections XV.J.1.a. through XV.J.1.d. below. 

XV.J.1.a. The owner or operator of the major stationary source shall submit a 

complete application to request an increase in the PAL limit for a PAL major 

modification. Such application shall identify the emissions unit(s) contributing 

to the increase in emissions so as to cause the major stationary source's 

emissions to equal or exceed its PAL. 

XV.J.1.b. As part of this application, the major stationary source owner or 

operator shall demonstrate that the sum of the baseline actual emissions of 

the small emissions units, plus the sum of the baseline actual emissions of 

the significant and major emissions units assuming application of BACT 

equivalent controls, plus the sum of the allowable emissions of the new or 

modified emissions unit(s) exceeds the PAL. The level of control that would 

result from BACT equivalent controls on each significant or major emissions 

unit shall be determined by conducting a new BACT analysis at the time the 

application is submitted, unless the emissions unit is currently required to 

comply with a BACT or LAER requirement that was established within the 

preceding ten years. In such a case, the assumed control level for that 

emissions unit shall be equal to the level of BACT or LAER with which that 

emissions unit must currently comply. 

XV.J.1.c. The owner or operator obtains a major NSR permit for all emissions 

unit(s) identified in Section XV.J.1.a., regardless of the magnitude of the 

emissions increase resulting from them (that is, no significant levels apply). 

These emissions unit(s) shall comply with any emissions requirements 

resulting from the major NSR process (for example, BACT or LAER), even 

though they have also become subject to the PAL or continue to be subject 

to the PAL. 

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XV.J.1.d. The PAL permit shall require that the increased PAL level shall be 

effective on the day any emissions unit that is part of the PAL major 

modification becomes operational and begins to emit the PAL pollutant. 

XV.J.2. The Division shall calculate the new PAL as the sum of the allowable emissions for 

each modified or new emissions unit, plus the sum of the baseline actual emissions 

of the significant and major emissions units (assuming application of BACT 

equivalent controls as determined in accordance with Section XV.J.1.b.), plus the 

sum of the baseline actual emissions of the small emissions units. 

XV.J.3. The PAL permit shall be revised to reflect the increased PAL level pursuant to the 

public notice requirements of Section XV.D. of this part. 

XV.K. Monitoring requirements for PALs. 

XV.K.1. General Requirements. 

XV.K.1.a. Each PAL permit shall contain enforceable requirements for the 

monitoring system that accurately determines plant-wide emissions of the 

PAL pollutant in terms of mass per unit of time. Any monitoring system 

authorized for use in the PAL permit must be based on sound science and 

meet generally acceptable scientific procedures for data quality and 

manipulation. Additionally, the information generated by such system must 

meet minimum legal requirements for admissibility in a judicial proceeding to 

enforce the PAL permit. 

XV.K.1.b. The PAL monitoring system must employ one or more of the four 

general monitoring approaches meeting the minimum requirements set forth 

in Sections XV.K.2.a. through XV.K.2.d. and must be approved by the 

Division. 

XV.K.1.c. Notwithstanding Section XV.K.1.b., you may also employ an 

alternative monitoring approach that meets the requirements of Section 

XV.K.1.a. if approved by the Division. 

XV.K.1.d. Failure to use a monitoring system that meets the requirements of 

this Section renders the PAL invalid. 

XV.K.2. Minimum Performance Requirements for Approved Monitoring Approaches. 

The following are acceptable general monitoring approaches when conducted in accordance 

with the minimum requirements in Sections XV.K.3. through XV.K.9: 

XV.K.2.a. Mass balance calculations for activities using coatings or solvents; 

XV.K.2.b. CEMS (as defined in Section I.B.14. of Part A); 

XV.K.2.c. CPMS or PEMS (as defined in Sections I.B.16. and I.B.38., 

respectively, of Part A); and 

XV.K.2.d. Published, verifiable emission factors 

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XV.K.3. Mass Balance Calculations. 

An owner or operator using mass balance calculations to monitor PAL pollutant emissions 

from activities using coating or solvents shall meet the following requirements: 

XV.K.3.a. Provide a demonstrated means of validating the published content of 

the PAL pollutant that is contained in or created by all materials used in or at 

the emissions unit; 

XV.K.3.b. Assume that the emissions unit emits all of the PAL pollutant that is 

contained in or created by any raw material or fuel used in or at the 

emissions unit, if it cannot otherwise be accounted for in the process; and 

XV.K.3.c. Where the vendor of a material or fuel, which is used in or at the 

emissions unit, publishes a range of pollutant content from such material, the 

owner or operator must use the highest value of the range to calculate the 

PAL pollutant emissions unless the Division determines there is site-specific 

data or a site-specific monitoring program to support another content within 

the range. 

XV.K.4. CEMS. 

An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

XV.K.4.a. CEMS must comply with applicable Performance Specifications 

found in the Code of Federal Regulations Title 40, Part 60, Appendix B, and 

Part 75; and 

XV.K.4.b. CEMS must sample, analyze and record data at least every fifteen 

minutes while the emissions unit is operating. 

XV.K.5. CPMS or PEMS. 

An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet 

the following requirements: 

XV.K.5.a. The CPMS or the PEMS must be based on current site specific data 

demonstrating a correlation between the monitored parameter(s) and the 

PAL pollutant emissions across the range of operation of the emissions unit; 

and 

XV.K.5.b. Each CPMS or PEMS must sample, analyze, and record data at 

least every fifteen minutes, or at another less frequent interval approved by 

the Division, while the emissions unit is operating. 

XV.K.6. Emission factors. 

An owner or operator using emission factors to monitor PAL pollutant emissions shall meet 

the following requirements: 

XV.K.6.a. All emission factors shall be adjusted, if appropriate, to account for 

the degree of uncertainty or limitations in the factors' development; 

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XV.K.6.b. The emissions unit shall operate within the designated range of use 

for the emission factor, if applicable; and 

XV.K.6.c. If technically practicable, the owner or operator of a significant 

emissions unit that relies on an emission factor to calculate PAL pollutant 

emissions shall conduct validation testing to determine a site-specific 

emission factor within six months of PAL permit issuance, unless the Division 

determines that testing is not required. 

XV.K.7. A source owner or operator must record and report maximum potential emissions 

without considering enforceable emission limitations or operational restrictions for an 

emissions unit during any period of time that there is no monitoring data, unless 

another method for determining emissions during such periods is specified in the PAL 

permit. 

XV.K.8. Notwithstanding the requirements in Sections XV.K.3. through XV.K.7., where an 

owner or operator of an emissions unit cannot demonstrate a correlation between the 

monitored parameter(s) and the PAL pollutant emissions rate at all operating points 

of the emissions unit, the Division shall, at the time of permit issuance: 

XV.K.8.a. Establish default value(s) for determining compliance with the PAL 

based on the highest potential emissions reasonably estimated at such 

operating point(s); or 

XV.K.8.b. Determine that operation of the emissions unit during operating 

conditions when there is no correlation between monitored parameter(s) and 

the PAL pollutant emissions is a violation of the PAL. 

XV.L. Re-validation. 

All data used to establish the PAL pollutant must be re-validated through performance testing 

or other scientifically valid means approved by the Division. Such testing must occur at least 

once every five years after issuance of the PAL. 

XV.M. Recordkeeping requirements. 

XV.M.1.The PAL permit shall require an owner or operator to retain a copy of all records 

necessary to determine compliance with any requirement of Section XV. of this part 

and of the PAL, including a determination of each emissions unit's twelve-month 

rolling total emissions, for five years from the date of such record. 

XV.M.2.The PAL permit shall require an owner or operator to retain a copy of the following 

records for the duration of the PAL effective period plus five years: 

XV.M.2.a. A copy of the PAL permit application and any applications for 

revisions to the PAL; and 

XV.M.2.b. Each annual certification of compliance pursuant to Part C of this 

regulation, and the data relied on in certifying the compliance. 

XV.N. Reporting and notification requirements. 

The owner or operator shall submit semi-annual monitoring reports and prompt deviation 

reports to the Division in accordance with the requirements of the applicable Title V permit 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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and Section V.C.7. of Part C of this regulation. The reports shall meet the requirements in 

Sections XV.K.11.a. through XV.K.11.c. below. 

XV.N.1. Semi-Annual Report. 

The semi-annual report shall be submitted to the Division within thirty days of the end of each 

reporting period. This report shall contain the information required by the Title V permit, 

Section V.C.7.a. of Part C of this regulation, and Sections XV.N.1.a. through XV.N.1.g., 

below. 

XV.N.1.a. The identification of owner and operator and the permit number. 

XV.N.1.b. Total annual emissions (tons/year) based on a twelve-month rolling 

total for each month in the reporting period recorded pursuant to Section 

XV.K.1 0.a. 

XV.N.1.c. All data relied upon, including, but not limited to, any Quality 

Assurance or Quality Control data, in calculating the monthly and annual PAL 

pollutant emissions shall be made available upon request by the Division. 

XV.N.1.d. A list of any emissions units modified or added to the major 

stationary source during the preceding six-month period. 

XV.N.1.e. The number, duration, and cause of any deviations or monitoring 

malfunctions (other than the time associated with zero and span calibration 

checks), and any corrective action taken. 

XV.N.1.f. A notification of a shutdown of any monitoring system, whether the 

shutdown was permanent or temporary, the reason for the shutdown, the 

anticipated date that the monitoring system will be fully operational or 

replaced with another monitoring system, whether the emissions unit(s) 

monitored by the monitoring system continued to operate, and calculations of 

emissions from those units as provided by Section XV.K.7. of this part. 

XV.N.1.g. A signed statement by the responsible official (as defined in Section 

1.8.40. of Part A of this regulation) certifying the truth, accuracy, and 

completeness of the information provided in the report. 

XV.N.2. Deviation report. 

The major stationary source owner or operator shall promptly submit reports of any 

deviations or exceedance of the PAL requirements, including periods where no monitoring is 

available. A report submitted pursuant to Section V.C.7.b. of Part C of this regulation shall 

satisfy this reporting requirement. The deviation reports shall be submitted within the time 

limits prescribed by Section V.C.7.b. of Part C. The reports shall contain the following 

information: 

XV.N.2.a. The identification of owner and operator and the permit number; 

XV.N.2.b. The PAL requirement that experienced the deviation or that was 

exceeded; 

XV.N.2.c. Emissions resulting from the deviation or the exceedance; and 

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XV.N.2.d. A signed statement by the responsible official (as defined in Section 

I.B.40. of Part A of this regulation) certifying the truth, accuracy, and 

completeness of the information provided in the report. 

XV.N.3. Re-validation results 

The owner or operator shall submit to the Division the results of any revalidation test or 

method within three months after completion of such test or method. 

XV.O. If any provision of this Section, or the application of such provision to any person or 

circumstance, is held invalid, the remainder of this Section, or the application of such 

provision to persons or circumstances other than those as to which it is held invalid, shall not 

be affected thereby. 

PART E RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS 

Reserved for Environmental Management Systems 

PART F REGIONAL HAZE LIMITS - BEST AVAILABLE RETROFIT TECHNOLOGY (BART) 

AND REASONABLE PROGRESS (RP) 

The provisions of Section VI (Regional Haze Determinations) and VII (MRR) of Regulation 3, Part F 

shall be incorporated into Colorado's Regional Haze State Implementation Plan. All other Sections of 

Regulation 3, Part F are State-Only. 

The provisions of Part 51, Appendix Y, Title 40, of the Code of Federal Regulations (CFR), 

promulgated by the U.S. Environmental Protection Agency listed in this Section are hereby 

incorporated by reference by the Air Quality Control Commission and made a part of the Colorado Air 

Quality Control Commission Regulations as modified by the following Regulation Number 3, Part F. 

Materials incorporated by reference are those in existence as July 6, 2005 and do not include later 

amendments. The material incorporated by reference is available for public inspection during regular 

business hours at the Office of the Commission, located at 4300 Cherry Creek Drive South, Denver, 

Colorado 80246. The material incorporated by reference is also available through the United States 

Government Printing Office, online at www.qpo.qov/fdsys. Parties wishing to inspect these materials 

should contact the Technical Secretary of the Commission, located at the Office of the Commission. 

I. Applicability 

The provisions of this regulation apply to existing stationary facilities (BART eligible sources), as 

defined in Section 11.1. of this regulation, as well as to Reasonable Progress (RP) sources. 

II. Definitions 

II.A. Adverse impact on visibility 

Means visibility impairment that interferes with the management, protection, preservation, or 

enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be 

made on a case-by-case basis taking into account the geographic extent, intensity, duration, 

frequency and time of visibility impairments, and how these factors correlate with (1) times of visitor 

use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce 

visibility. This term does not include effects on integral vistas. 

II.B. Available Technology 

Means that a technology is licensed and available through commercial sales. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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II.C. Applicable Technology 

Means a commercially available control option that has been or may soon be deployed on the same 

or a similar source type or a technology that has been used on a pollutant-bearing gas stream that is 

the same or similar to the gas stream characteristics of the source. 

II.D. Average Cost Effectiveness 

Means the total annualized costs of control divided by annual emissions reductions (the difference 

between baseline annual emissions and the estimate of emissions after controls). For the purposes of 

calculating average cost effectiveness, baseline annual emissions means a realistic depiction of 

anticipated annual emissions for the source. The source or the Division may use state or federally 

enforceable permit limits or estimate the anticipated annual emissions based upon actual emissions 

from a representative baseline period. 

II.E. BART Alternative 

Means an alternative measure to the installation, operation, and maintenance of BART that will 

achieve greater reasonable progress toward national visibility goals than would have resulted from 

the installation, operation, and maintenance of BART at BART-eligible sources within industry source 

categories subject to BART requirements. 

II.F. BART-eligible source 

Means an existing stationary facility as defined in Section 11.1. 

II.G. Best Available Retrofit Technology (BART) 

Means an emission limitation based on the degree of reduction achievable through the application of 

the best system of continuous emission reduction for each pollutant that is emitted by an existing 

stationary facility. The emission limitation must be established, on a case-by-case basis, taking into 

consideration the technology available, the costs of compliance, the energy and non-air quality 

environmental impacts of compliance, any pollution control equipment in use or in existence at the 

source or unit, the remaining useful life of the source or unit, and the degree of improvement in 

visibility which may reasonably be anticipated to result from the use of such technology. 

II.H. Deciview 

Means a measurement of visibility impairment. A deciview is a haze index derived from calculated 

light extinction, such that uniform changes in haziness correspond to uniform incremental changes in 

perception across the entire range of conditions, from pristine to highly impaired. The deciview haze 

index is calculated based on the following equation (for the purposes of calculating deciview, the 

atmospheric light extinction coefficient must be calculated from aerosol measurements): 

Deciview haze index=10 In, (b ext/10 Mm-1 ) 

Where bex-t= the atmospheric light extinction coefficient, expressed in inverse 

megameters (Mm -1 ). 

11.1. Existing stationary facility 

Means any of the following stationary sources of air pollutants, including any reconstructed source, 

which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and has 

the potential to emit 250 tons per year or more of any visibility impairing air pollutant. In determining 

potential to emit, fugitive emissions, to the extent quantifiable, must be counted. 

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With respect to EPA's SIP disapproval actions, while the AQCC must address EPA's comments, 

Colorado has some flexibility in addressing those comments. Here, the provisions of Sections 25-7-

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 only where the AQCC has 

flexibility in addressing EPA's comments. 

Pursuant to 25-7-110.5(5). C.R.S., the AQCC makes the determination that: 

(I) EPA's SIP disapproval actions are federal requirements that may apply to this 

rulemaking. 

(II) The applicable federal requirements imposing emission reporting and permitting are 

performance based. While the AQCC must address EPA's comments, there is some 

flexibility in how best to address those comments. 

(III) Regarding EPA's comments on the APEN exemptions, accurate actual emissions 

data for open burning sources, mobile sources, stationary internal combustion 

engines, emergency generators, oil and gas surface water impoundments, 

deaerator/vacuum pump exhaust, and air curtain destructors is limited, although 

more is known about the engines, generators and air curtain destructors. The AQCC 

concluded that the adopted rule will clarify and generally improve Colorado's 

inventory of emissions from these sources in Colorado, and thus the reporting 

components are essential to this effort. 

(IV) With respect to APEN associated permitting exemption revisions, these revisions 

strike an appropriate balance between exempting small emission sources, ensuring 

that Colorado has a reasonably accurate inventory, as well as ensuring that reporting 

and permitting requirements are reasonably uniform and equitable. 

(V) The AQCC is not aware of any timing issue that could justify changing the timeframe 

in which these rules are implemented. There are deadlines by which states are 

expected to implement federally mandated changes, with potential sanctions for 

failing to meet these deadlines. 

(VI) The APEN and associated permitting exemption and insignificant activity 

requirements in question are not specifically designed with a margin for 

accommodation, but instead will rely on the opportunity for future revisions, as 

necessary, to adjust for uncertainty and future growth. 

(VII) The adopted revisions establish reasonable equity for sources subject to the 

revisions by providing the same requirements for similarly situated sources. 

(VIII) If revisions to the APEN and permitting exemptions and insignificant activities are not 

adopted, while there would be no change in cost to industry, Colorado's emissions 

inventory accuracy will not improve. Emissions inventories are essential tools in 

protecting public health and the environment. A less accurate emissions inventory 

may translate into a public health and welfare and environmental cost, by delaying 

the time necessary to improve the inventory when developing plans to address future 

NAAQS. 

(IX) The proposed revisions include no requirements that differ from applicable federal 

requirements. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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(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. 

(XI) The adopted rules will contribute to prevention of pollution, by having sources more 

accurately assess emissions to determine if APEN reporting or permitting 

requirements apply. Understanding emissions is essential in preventing pollution. 

(XII) Because these rules are federally mandated, no alternative rules would address the 

requirements in question. 

Further, pursuant to 25-7-110.8(1), C.R.S., the AQCC makes the determination that: 

(I) The rule is based upon reasonably available, validated, reviewed, and sound 

scientific methodologies, and the AQCC has considered all information submitted by 

interested parties. 

(II) These amendments are largely administrative in nature as they relate to APEN 

reporting, permitting exemptions and insignificant activities. 

(III) Evidence in this record supports the finding that the rule shall bring about reductions 

in risks to human health and the environment that justify the costs to implement and 

comply with the rule. 

(IV) The rule is the most cost effective, provides the regulated community flexibility, and 

achieves any necessary reduction in air pollution. 

(V) The selected regulatory alternative will maximize the air quality benefits of regulation 

in the most cost-effective manner. 

I.VVW. Adopted December 20, 2012 

Regulation Number 3, Parts A, B, C, D, and Appendix B of Part A — revising language for conformity 

with the New Source Review (NSR) Program and approved State Implementation Plan ("SIP"); 

streamlining the permit issuance process; and correcting other typographical, grammatical, and 

formatting errors. 

This Statement of Basis, Specific Statutory Authority, and Purpose complies with the requirements of 

the Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., and the Colorado Air Pollution 

Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S. 

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Specific Statutory Authority 

The Colorado Air Pollution Prevention and Control Act, Sections 25-7-105(1)(a), 25-7-201 though 

[through] 25-7-206, 25-7-210, 25-7-301, and 25-7-302, C.R.S. authorize the Air Quality Control 

Commission ("Commission") to promulgate a comprehensive State Implementation Plan ("SIP") which 

will assure attainment and maintenance of national ambient air quality standards ("NAAQS") and 

prevent significant deterioration ("PSD") of air quality in conformance with the Federal and Colorado 

Acts. Section 25-7-105(1)(c) further states that definitions used in the PSD program shall not differ 

from definitions pertaining to the federal PSD program in the Clean Air Act Section 169. Section 25-7-

105(12) authorizes the Commission to promulgate regulations necessary to implement the provisions 

of the emission notice, construction permit, and Title V programs. Section 25-7-106(7)(a) authorizes 

the Commission to develop a program to apply and enforce relevant provisions of the SIP including 

the imposition of any fees necessary to administer the program. Section 25-7-114.7 requires owners 

or operators of air pollution sources to pay permit application processing fees. Section 25-7-114.4 

authorizes the Commission to promulgate regulations necessary and proper for the orderly and 

effective administration of construction permits and renewable operating permits. And, Section 25-7-

114.5 authorizes the Commission to designate which projects or activities requiring a construction 

permit application warrant public comment. 

Basis and Purpose 

The Commission revised the Permit Processing Fees, Section VI.B.5., to streamline construction 

permit issuance by allowing the Division to issue a construction permit prior to receiving full payment 

for the assessed permit processing fees. Currently, the Division cannot issue an approved 

construction permit until the Division receives the applicant's complete processing fees payment, 

which delays the applicant's ability to commence construction due to the invoicing and payment 

process. This revision eliminates this delay as, under the revised issuance process, applicants will 

receive the approved construction permit and be able to commence construction during the invoicing 

and payment process. Also under the revised issuance process, failure to pay the assessed permit 

processing fees may result in late fees according to Section 25.7.114.7(2)(a)(I)(A.5), C.R.S. and/or 

revocation of the permit utilizing the current Division revocation procedures. Applicants will be notified 

of the potential consequences of nonpayment as well as corrective actions in the written request for 

processing fees and the written request for late processing fees, if applicable. This revision will not 

negatively impact permit applicants who pay their permit processing fees on time. 

The Commission amended Appendix B to Part A to identify non-criteria reportable pollutants first 

alphabetically by Chemical Bin ("BIN") and then by chemical abstract service ("CAS") number to 

increase the clarity and usability of the Appendix. 

The Commission amended the Part B, Section III.C.1.a., Public Comment and Hearing Requirements 

to include attainment/maintenance areas. 

The Commission removed the italic font and deleted the underlined text throughout the regulation, 

primarily in Part D, in response to EPA's approval of the corresponding language into Colorado's SIP 

on January 9, 2012 (77 Fed. Reg. 1027), and April 10, 2012 (77 Fed. Reg. 21453). The provisions 

under review by EPA were italicized to indicate the text was not yet effective while other text was 

underlined to indicate it would only be effective until EPA approved the italicized text into the SIP. 

Based on EPA's final actions in January and April, the italicized rule language, minus the underlined 

text, became effective on May 10, 2012. Paragraph (b) of the definition of Representative Actual 

Annual Emissions, II.A.40.5, was also deleted to conform with the NSR Program and SIP because, 

though not underlined in Regulation Number 3, the NSR Program removed the entire definition from 

40 C.F.R. Part 51. 

The Commission corrected the PM2.5 Major Source Baseline Date, Part D, Section II.A.23.c., which 

was inadvertently adopted as October 20, 2011, to reference the major source baseline date of 

October 20, 2010, set by EPA on October 20, 2010 (75 Fed. Reg. 64864). 

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The Commission corrected a regulatory reference in Requirements Applicable to Nonattainment 

Areas, Part D, Section V.A.6., to reference Section XIII.A. Section V.A.6. currently refers Federal 

Land Manager involvement to Section XII.A., Innovative Control Technology, instead of XIII.A., 

Federal Class I Areas. 

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