# 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 t he 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 in clusion into the Federal SIP. They are being i ncluded 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 Sh eet, 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 da te 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 in clusion 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 (t his 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 in clusion 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


### COLORADO AIR QUALITY CONTROL COMMISS ION 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 Enviro nment 

## 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 consi der 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 w ith 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 2 0, 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

part ies 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 necessar y. 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 1 4 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 represe ntative; 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 o f 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, Den ver, 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 propose d 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 Divis ion Andrea Gelfuso

- Goetz Erin Overturf Attorney General’s Office Attorney General’s Office 1525 Sherman Street, 7 th 

### Floor 1525 Sherman Street, 7 th 

### 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 part ies 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 D OCUMENTS BY ELECTRON IC 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 Commiss ion’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 AUTHO RITY FOR THE COMMISSION'S ACTIONS: The Colorado Air Pollution Prevention and Control Act, Sections 25

- 7

- 105(1)(a), 25

- 7

- 201 th r ough 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 Act s.

## 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 reg ulations 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 impos ition 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 an d 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 ENVIRONME NT
Air Quality Control Commission

REGULATION NUMBER 3

STATIONARY S OURCE PERMITTING AND AIR POLLUTANT EMISSI ON 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 provis ions 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 b y 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 p ortions 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 polluta nts 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 Regulatio n 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 t o 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 De pository 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 da te 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 calcul ated 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 t he 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 fede rally 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 avail ability 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 de finition of major modification (as defined in Section II.A. 23 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:

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 standa rds;

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 Fede ral 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 ef fect 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 eng ines co

- located at an existing major source of nitrogen oxides and or sulfur dioxide

>>>

I.B. 38

. Predictive Emissions Monitoring System (PEMS)

### All of the equipment necessary to monitor process and control device operational parameters (for example, contro l 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

A ny 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 adjac ent 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 code s) 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 Pollut ion 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, s ee 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. 26 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 So urce, 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 c ontained 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 Numbe r 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 applicab le.

II.D.1.dddd. Non

- road engines as defined in Section I.B. 29 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. 29 31 .c. and d. of this part.

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V. C ertification 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 perm it 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 o f 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 o r 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 s et 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 f ees 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 s hall 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 decis ion 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 esti mate 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 paid 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 m ay 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

- Dibr omo

- 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 dimethanesulphonat e 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

- Dichlorophenox yacetic 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 benzid ine 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

HAP s 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 Asbest os 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 (Trichlo romethane) 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 6 8122 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 acrylat e 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 (Fenami phos) 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 Hydro gen 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 Mephosfol an 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 M ethyl 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,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

- 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 (Bayg on) 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 flu oroacetate 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

10 8985 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 Zin c 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 ac id 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

1444 90 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

- C resol 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 Amit on 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 Cy anuric 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 10 7211 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

17702 577 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 8062 6 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 Pho sfolan 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

- P henylenediamine 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 75 50450 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 dichlor ide 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 B IN

HAP

- Lindane (all isomers of hexachlo rocyclohexane) 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 Ca dmium 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 compoun ds 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 57 749 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 D ichlorvos 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

HA P 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 di chloride (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 Hexachlorocyclopentadien e 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

- An isidine 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

- Nitrobiphen yl 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 Dim ethyl

- 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 diphe nyl 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 Epichloro hydrin (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

- Dichloroet hane) 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

10 8918 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) pht halate (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

- Tri chlorobenzene 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

- Diphenylhydr azine 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 Perchlor oethylene 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

- ami no

- 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 Diphosphor amide, 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 Al drin 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 sulf ide) 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 isothiocyan ate 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

1314 847 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

1 420071 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

264 2719 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

387819 1 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 Bro mine 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 Fosthi etan 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

2877 2567 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 C ONSTRUCTION PERMITS

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III. Construction Permit Review Procedures

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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 projec ted 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).

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PART C CONCERNING OPERATING PERMITS

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I.A. DEFINITIONS

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I.A.7. Significant Permit Modification

All operating pe rmit 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 permi t 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 req uirement 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 modificat ion 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 Limitati on (PAL) in accordance with Section XV II . 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 Num ber 3 for combined Construction/ Operating Permit issuance. S uch 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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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 materi al 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 li brary

. 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 Tech nical Secretary of the Commission, located at the office of the Commission.

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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 app ly 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 p ermit 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 majo r 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 emission s 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 differe nce 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 p rojected to occur if the sum of the difference between the potential to emit (as defined in Section I.B. 35 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 Se ction 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 signi ficant 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 o f 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

- projected

actual test for a project that requir es 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. 26 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 documentat ion 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 cons ecutive 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 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 modificat ion 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 re questing, or operating under, a Plant

- wide Applicability Limitation (as defined in Section II.A. 32 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 foll owing 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 peri od 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 appl y 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 increa se. 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 bas eline 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 val ue 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 determin ed 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 s hall 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 tw enty

- 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 chang ed. 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

annua l 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 pe r 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 constr uction 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 sour ce 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 mont h 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 adjust ing 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

an d 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. 35 37 . of Part A of this regulation).

II.A.4.d. For a PAL for a major stationary source, the baseline act ual 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., an d 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) o f 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 o r 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 propo sing 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 constru ction 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 constr uction 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 int o 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 i mposition 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 sh all, 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 t echnology, including technologies applied at the pre

- combustion, combustion, or post

combustion 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 utili zation 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 p ercent 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 complet e 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 requir ements 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 th e 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 w ill 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 Sectio n 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 cou nty 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, de molition, 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 s team

- 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 repla cement 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 potentia l 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 w ould 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 wi th 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 c C ombustion f F lare

Either a flare used to comply with an applicable new source performa nce 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 hydroc arbons 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 st ationary 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 pr actice 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 allowa ble 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 nonatta inment 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 resu lt 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 majo r 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 fo r 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 F ederal 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 eff ect 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 generate d 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 pe rmit 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 conditi on;

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, operati on, 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 proje ct 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) T t he reactiva tion 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 so urces 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 S ource 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, 2011 2010

.

II.A.24. Major Stationary Source

II.A.24.a. F or 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 (w ith 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) P rimary 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 conversio n 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 pe r 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 pro duction 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 co ntributing 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.

I I.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 station ary 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

s ource, 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.Emissio ns 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, sha ll 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 stati onary 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 s tationary 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 establi shed 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 pollutan t.

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 res cind 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 da te 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 increas e 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 D ivision 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 decrea se 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 m aking the increase or decrease.

II.A.26. d . An increas e 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 in creases 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 a ny 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

e missions;

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

II.A.26.f.(iv) It has approximately the same qualitative significance for public health and welf are 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 i ncreases 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 resulti ng 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 occur s 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 enforce able 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 inc orporated 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

N otwithstanding 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 lev el 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 station ary 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 st ationary

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 NS R 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 e xpected 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 quantifia ble, 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 uti lization 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 Par t 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 af ter 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 au thority'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 eff iciency 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 o f 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 constituen t 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 unde r 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 Fed eral 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 o f 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 da te 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 ma tter 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 emiss ions 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 permane ntly 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, magnetohydrodyn amics, 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.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 utilizati on 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 emi ssions

. 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. Sec ondary 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 signi ficant 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

Pa rticulate 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 sulfu r 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

Municipa l Waste Combustor Organics (measured as total tetra

- through octa

chlorinated 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 p er 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 app ly 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

s ource 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 a mount 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 (a s 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 th is Part D or in the Federal Act, whichever is lower).

II.A. 4 6

. 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 impleme ntation 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 ma jor 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 pro posed 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 enforceab le 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, t he 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 m arginal nonattainment area for ozone

– at least 1.1:1;

V.A.3.a(i)(b) In any m oderate nonattainment area for ozone

– at least 1.15:1;

V.A.3.a(i)(c) In any s erious nonattainment area for ozone

– at least 1.2:1;

V.A.3.a(i)(d) In any s evere nonattainment area for ozone

– at least 1.3:1; or

V.A.3.a(i)(e) In any e xtreme 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 VO C 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 nonatta inment. 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 sou rces 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 eq ual 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 i s 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. O ffsets 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 Sec tion 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 signif icantly 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 impl ementation 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 b y 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 sha ll follow the same procedures as stated in Section XII 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 requirement s 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 ca pacity 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 w ith 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 e missions 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) s hall 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 followin g 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 emission s 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.(i ii) 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 t he 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 aft er 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 info rmation 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 impl emented 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 modificat ion 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 Col orado 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 th e 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 st ationary 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 techn ology 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

commen ce 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 conduc ted 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 det ermination 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 modificati on 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. Wi th 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 Divisi on 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 c ontinuous 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 represen t 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 Feder al 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 pr e

- 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, Den ver, 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 on e 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 monitori ng 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 sensit ive 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 o f 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 mod ification. 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 val ue. 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 resul t 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

mo dification 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 i mpact 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

r eceived 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 locatio n 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 t en 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 stationa ry 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 al lowable 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 maj or 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/m 3 

### , 8

- hour average;

VI.B.3.a.(ii) Nitrogen dioxide

- 14 μg/m 3 

### , annual average;

VI.B.3.a .(iii) Particulate Matter

- PM10

-- 10 μg/m 3 

### , 24

- hour average; PM2.5

– 4 μg/m 3 

### , 24

- hour average;

VI.B.3.a.(iv) Sulfur dioxide

- 13 μg/m 3 

### , 24

- hour average;

VI.B.3.a.(v) Lead

- 0.1 μg/m 3 

### , 3

- month average;

VI.B.3.a.(vi) Fluorides

- 0.25 μg/m 3 

### , 24

- hour average ;
VI.B.3.a.(vii) Total reduced sulfur

- 10 μg/m 3 

### , 1

- hour average;

VI.B.3.a.(viii) Hydrogen sulfide

- 0.2 μg/m 3 

### , 1

- hour average;

VI.B.3.a.(ix) Reduced sulfur compounds

- 10 μg/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

VI.B.3.c. For ozone, the emissions increase or net emissions increase of volatile organic compounds or nitrogen oxides from the source or modi fication 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, a nd 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 su bmitted 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 modificat ion 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 rest riction 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 excl uded 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 actua l 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 fro m 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 V I.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 opera tor 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 t he 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 pro jection 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 numbe r 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 emissi ons 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; a nd

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.

>>>

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 Secti on 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 applic ation 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 u nit 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 calcul ation 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 limita tion 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 fro m 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 establishe d 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 s hall 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. Eac h 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 em issions 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 statio nary 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 Se ction 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 peri od 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 m odifications 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 Divi sion 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 sh all 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 X V.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 s tationary 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 re quired 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 d etermination 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 t o 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 reduc tion 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

ava ilable 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 pa rticipation 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 distributio n 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 requiremen t 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 distribu ted 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 twel ve

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 leve l 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 thos e 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 pr ocedures 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 p ublic 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 t imely 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 Section s 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 Divisi on 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 ma y 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 c onsidering 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 qua lity 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 techn ical 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 f or 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 renewa l, 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

e missions 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 em issions 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. Th e 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 t o 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 in creased 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 f or 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 ba seline 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. Gene ral 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 judicia l 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 Div ision.

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 requiremen ts 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

X V.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 rang e 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 an other 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 Regul ations 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 po llutant 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.

A n 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 f actor 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 opera tor 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 re asonably 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 PA L.

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 r eport 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 an nual 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 s hutdown 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 continue d 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 shal l 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 excee dance; 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 circum stance, 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 RETROF IT 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 Regula tion 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 Qualit y 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 am endments. 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 publication s 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 Co mmission, 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 w ith 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 co mplies 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 Pollutio n 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 u sed 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. Sectio n 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 whic h 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 pa y 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 pr ocessing 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 usabilit y 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, pri marily 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 underl ined 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 correc ted 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



### COLORADO AIR QUALITY CONTROL COMMISSION http://www.cdph e.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

Dec ember 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

App roval of Minutes: Review/Approval of the Octo ber 1 8 , 2012 meeting minutes of the Air Quality Control Commission.

Public Comment: The public is invited to comment on any air poll ution issue not on the agenda. The Commission will not take action on issues d iscussed under this item today; however, items may be scheduled for further discussion or action.

CONSENT AGENDA The Commission will vot e on Item Number s 1 through 5 as part of a Consent Agenda. Adoption of a Consent Agenda allows the Commission to conso lidate voting on agenda items that do not need to be discussed individually and for which presentation of additional information is not required.



## R EQUEST FOR 

## P UBLIC 

## H EARING S



## – F EBRUARY 

## 21, 2013 1. Regulation Number 9: Open Burning, Prescribed Fire and P ermitting The National Park Service will request a public hearing to present to the Commission its revised significant user prescribed fir e planning document.

## 2 2

. DRCOG Conformity Determination The Divis ion 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 c onformity 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 N umber 10.

R EQUE ST FOR 

## W RITTEN 

## C OMMENT 

## O NLY 

## R ULEMA KING 

## H EARING S



## – M ARCH 

## 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 . T he proposed revisions would e liminate or update obsolete provisions, delete duplicate language, and improve their “readability” so that the rules can be more easily understood by the general public

.

R ULEMA KING 

## H EARING S 

## 4

. Lamar PM10 Maintenance Plan and Air Quality Standards Regula tion 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 E mission 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 ex isting provisions to ensure consistency with federal regulations and Colorado’s implementation of these rules.

REGULAR AGENDA

R EQUEST FOR 

## R ULEMA KING 

## H EARING



## – M ARCH 

## 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

c ould reduce the emission control requirements for these engines to the minimum standards required by federal NSPS IIII or NSPS JJJJ requirements. Typographical, gramma tical and formatting errors found throughout the regulation will also be corrected.

## 3 R ULEMAKING 

## H EARINGS 

## 7

. Regulation Number 7 ( 15 minutes presentation, 20 minutes discussion) The Commission will consider proposed changes to Regulation 7 to address r egulatory provisions for oil and gas operations that EPA did not approve for inclusion into Colorado’s State Implementation Plan. The more significant revisions 1) remov e the sunset date for the system

- wide condensate storage tank control requirement appli cable 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 require ments.

8

. Regulation Number 11 ( 2 0 minutes presen tation, 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 exe m ptions from four to seven model years and implementing and on

- board diagnostics testing program for model years’ eight through eleven.

B RIEFINGS 

## , D ISCUSSIONS AND 

## R EPORTS 

## 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.

1 0

. Commissioner Informational Items Commissioners will discuss among themselves activiti es 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.

1 1

. Division Director’s Report

– Will Allison

**•** Monthly activities report

**•** Legislative update

1 2

. At torney General’s Report

– Andrea Gelfuso

- Goetz

**•** Update of any recent court actions on air quality issues

1 3

. Administrator’s Report

– Mike Silverstein

**•** Review February 2013 agenda items (there will not be a January 2013 meeting)

**•** Review of Action Items from t oday’s Commission m eeting

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 Number3, 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 toconsider 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 thecurrent 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 thenumber 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 theproposed 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 considera 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 2 8 , 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 App endix 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 Numb er 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 typogr aphical, 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 incl udes 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 usabilit y. 

# 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 befo re 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 requireme nts

. 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 , f ailure to pay processing fees may result in late f ees or revocation of the permit. A pplicants 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 T he prop osed 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 approval s 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

- imple menting 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

.

### 8/2 8 /12 Initial Economic Impact Analysis

– Regulation 3, Parts A, B, C, D, Appendix B Page 

### 1 of 3 

## Initial Economic Impact Analysis f

or 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 2 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 , s pecifically 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 thi s 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 f or 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 conf erence 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 anal ysis 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 econom ic 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

### 8/2 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 policy

making optio ns; 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

m ajority of the revisions reflect current SIP approved language. T he permit streamlining revisions that speed up the permit issuance timing change and eliminate administrative payment processing delays. Finally, the remaining revisions are minor typograp hical, 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 indus try 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 co nstruction 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 revis ion merely shifts the time in which the permit is issued. P ermit applicants will in fact receive their approved permits at least 30 days sooner and will have the same timeframe in

### 8/2 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, t his revision woul d 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 industria l 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 f

or 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 , s pecifically 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 ”) revi sions.

T he 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 ini tial 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 pro posed 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 conferenc e. 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 a lternative 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 alternat ive 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 ap ply 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 policy

making options; or, (3) adopt rules that have no regulatory impact o n any person, facility or activity.

III. Discussion

There is little t o no economic impact beyond th e requirements that already apply

. The

m ajority of the proposed revisions are made to reflect current SIP approved language. T he 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 nat ure an d necessary for efficiency, accuracy, and conformity with the federal New Source Review (“NSR”) Program and the federa lly approved SIP

. However, the Division recognizes that sources may be impacted by the proposed Permit Processing Fees revision and provi des 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 co nstruction 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. P ermit 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, t his revision will benefit all business sectors and stationary sources that are subject to construction per mitting requirements because sources will be able to commence construction earlier

. D ue 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 ENVIRONME NT
Air Quality Control Commission

REGULATION NUMBER 3

STATIONARY SOURCE PE RMITTING AND AIR POL LUTANT EMISSION NOTI CE REQUIREMENTS

5 CCR 1001

- 5

PART G STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE

I.W W. 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 proces s; 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 Ai r 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 devel op 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 designa te 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 permi t 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 a pplicable. 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 remove d the italic font and delete d 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 w ere 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 action s 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 S IP 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 Oc tober 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

.

# Ado pted Language by the Commission (in redline & footer noting adoption date and page numbers)Regulation Number 3 Adopted: December 2 0, 2012 Page 1 

### DEPARTMENT OF PUBLIC HEALTH AND ENVIRONME NT
Air Quality Control Commission

REGULATION NUMBER 3

STATIONARY SOURCE PE RMITTING AND AIR POL LUTANT EMISSION NOTI CE 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 SYSTEM S

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 be en 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 tho se 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 th is Part A shall apply statewide to all sources of air pollutants except as otherwise provided herein.Regulation Number 3 Adopted: December 2 0, 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 revisi ons 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 Constructi on 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 l imit 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 Sec tion 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, onl ine 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 m aterials.

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

, per mit 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 Emis sions 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 m ass per unit of time).

I.B. 16

. Continuous Parameter Monitoring System (CPMS) Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 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 parameter s (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. 23 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:

I.B.28.a. Routine maintenance, repair, and replacement shall not be consider ed 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 n ot 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 Industr ial 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 f laring 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 dio xide Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 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

ex ample, 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 be longing 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 un der 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, fa cilities, 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 C reek 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. 26 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. o f 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 al l 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 Emi ssion 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. 29 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. 29 31 .c. and I.B.31. d. of this part. Formatted: Font: Not Italic

Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 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 emissi ons 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 e missions 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 recove r 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, wit hdrawn, 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 deci sion 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 aforementione d activities incurred by the Division up to the time of the decision of whether to issue preliminary approval.Regulation Number 3 Adopted: December 2 0, 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 t otal 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 administrat ion 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 processi ng 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 paid 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.

>>>

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 ARegulation Number 3 Adopted: December 2 0, 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

- bute ne 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

- Dinitrot oluene 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

- Dimethoxybenzi dine 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 ARegulation Number 3 Adopted: December 2 0, 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 chl oride 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 ARegulation Number 3 Adopted: December 2 0, 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 Chloro prene (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 C rotonaldehyde (E) A

HAP 98828 Cumene A

HAP 0 Cyanide compounds A

HAP 3547044 DDE (Dichlorodiphenyldichloroethylene) A

8065483 Demeton ARegulation Number 3 Adopted: December 2 0, 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 Et hylene dichloride (1,2

- Dichloroethane) A

HAP 151564 Ethylene imine (Aziridine) A

HAP 75218 Ethylene oxide A

HAP 96457 Ethylene thiourea ARegulation Number 3 Adopted: December 2 0, 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 Iso phorone 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 ARegulation Number 3 Adopted: December 2 0, 2012 Page 12 126987 Methacrylonitrile A

1026592 6 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 7488 4 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 g as (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 6 2759 N

- Nitrosodimethylamine A

HAPs 924163 N

- Nitroso

- di

- n

- butylamine A

HAP 90040 o

- Anisidine A

HAP 95534 o

- Toluidine ARegulation Number 3 Adopted: December 2 0, 2012 Page 13 1910425 Paraquat A

2074502 Paraquat methosulfate A

HAP 56382 Parathion A

298000 Parathion

- methyl A

HAP 82688 Pentachlo ronitrobenzene (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 ARegulation Number 3 Adopted: December 2 0, 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 (Camphechlo r) 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) BRegulation Number 3 Adopted: December 2 0, 2012 Page 15 HAP 51 0156 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 aminoazobenzen e 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 Is ofluorphate 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 9120 3 Naphthalene B

HAPs

- Nitrilotriacetic acid, Ca

- , Na

- , K salts B

HAP 59892 N

- Nitrosomorpholine B

HAP 684935 N

- nitroso

- N

- methylurea BRegulation Number 3 Adopted: December 2 0, 2012 Page 16 23135220 Oxamyl B

HAP 95487 o

- Cresol B

732116 Phosmet B

HAP 85449 Phthalic anhydride B

107448 Sa rin 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

139 7940 Antimycin A C

HAP 92524 Biphenyl C

534076 Bis(chloromethyl)ketone C

10294345 Boron trichloride C

28772567 Bromodiolone CRegulation Number 3 Adopted: December 2 0, 2012 Page 17 HAP 63252 Carbaryl C

HAP 463581 Carbonyl sulfide C

786196 Carbophenothion C

470906 Chlorfenvinfos C

249349 16 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 Dimethylphosphor ochloridothioate C

99989 Dimethyl

- p

- phenylenediamine C

644644 Dimetilan C

1420071 Dinoterb C

82666 Diphacinone CRegulation Number 3 Adopted: December 2 0, 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 Fenitrothi on 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 CRegulation Number 3 Adopted: December 2 0, 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 v inyl 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 CRegulation Number 3 Adopted: December 2 0, 2012 Page 20 Formatted Table 110894 Piperidine C

23505411 Pi rimifos

- 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 Trich loroethylene (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 Numbe r)

Note: HAP means federal, or federal and state hazardous air pollutantRegulation Number 3 Adopted: December 2 0, 2012 Page 21 Formatted: upar2

Formatted: Font: Bold

Formatted: Font: Bold

Formatted: Font: Bold HAPs means state

- only hazardous air pollutant

CAS Toxics B IN

HAP

- Lindane (all isomers of hexachlorocyclohexane) A

- Thallium compounds A

HAPs

- Nitrilotria cetic 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

H AP 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 ARegulation Number 3 Adopted: December 2 0, 2012 Page 22 HAP 50000 Formaldehyde A

HAP 51285 2,4

- Dinitrophenol A

HAP 517 96 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 a minoazobenzene 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 ARegulation Number 3 Adopted: December 2 0, 2012 Page 23 62748 Sodium fluoroacetate A

HAP 62759 N

- Nitrosodimethyl amine 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

HA P 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 (Chl oromethane) 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 chlorid e (Dichloromethane) A

HAP 75150 Carbon disulfide A

75183 Dimethyl sulfide (Methyl sulfide) CRegulation Number 3 Adopted: December 2 0, 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 (Vinylid ene 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 BRegulation Number 3 Adopted: December 2 0, 2012 Page 25 HAP 79345 1,1,2,2

- Tetrachloroethane A

HAP 79447 Dimethyl carbamoyl chloride B

HAP 79 469 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 AN TU (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) ARegulation Number 3 Adopted: December 2 0, 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 9807 7 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 Ethy l 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 10642 3 p

- Xylene C

HAP 106445 p

- Cresol A

HAP 106467 1,4

- Dichlorobenzene A

HAP 106503 p

- Phenylenediamine CRegulation Number 3 Adopted: December 2 0, 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 CRegulation Number 3 Adopted: December 2 0, 2012 Page 28 HAP 108907 Chlorobenzene A

108918 Cyclohexylamine C

HAP 108952 Phenol C

108985 Thiophenol (Pheny l 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

11 9380 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 ARegulation Number 3 Adopted: December 2 0, 2012 Page 29 HAP 121448 Triethylam ine 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 CRegulation Number 3 Adopted: December 2 0, 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 CRegulation Number 3 Adopted: December 2 0, 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 593 602 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 Hexame thylphosphoramide 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

94 4229 Fonofos ARegulation Number 3 Adopted: December 2 0, 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

HA P 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 BRegulation Number 3 Adopted: December 2 0, 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 En dothion 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 Crotona ldehyde 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 (Hydroge n chloride) A

HAP 7664393 Hydrogen fluoride (Hydrofluoric acid) A

7664417 Ammonia B

7664939 Sulfuric acid B

7697372 Nitric acid ARegulation Number 3 Adopted: December 2 0, 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 Fe naminophos (Fenamiphos) A

23135220 Oxamyl B

23422539 Formotanate hydrochloride CRegulation Number 3 Adopted: December 2 0, 2012 Page 35 23505411 Pirimifos

- ethyl C

24934916 Chlormephos C

28347139 Xylylene dichloride C

28772567 Bromodiolone C

53558251 Pyriminil C

HAPs 60153493 3

- (N

- Nitroso methylamine) (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

>>>

III. Construction Permit Review Procedures

>>>

I II.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 tw o 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 a s administrative permit amendments. At a minimum, a significant permit modification shall include:Regulation Number 3 Adopted: December 2 0, 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 co nsidered 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 fo r 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 reco rd 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 requireme nt 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) A n 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 II . 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 Num ber 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 re gular 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 Commissio n.

>>> Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 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 station ary 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 require ments.

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 em issions 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 beginnin g 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 procedur e 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 ap plicability 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 e mit (as defined in Section I.B. 35 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 e xceeds 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. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 38 A significant emissions increase of a regulated NSR pollutant is projected to oc cur 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 pollu tant (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

- projected

actual test for a project that requires a minor permit modification in accordance with Section X. of Part C, r equires a significant permit modification in accordance with Section I.A.3. of Part C, a modification as defined in Section I.B. 26 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 ca lculations 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 emissio ns 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 twenty

four month period used to establish the baseline actual em issions 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 emissi ons 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 constructio n 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 d efined in Section II.A. 32 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:

II.A.1.a. Actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit ac tually 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. Ac tual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 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

- spec ific 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 u nit

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 basi s, 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 Div ision 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 a ll 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

- fou r 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 i t 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. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 40 II.A.4.a.(ii) The average rate shall be adj usted 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.

II.A.4.a.(iii) For a regulated NSR pollutant, whe n 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 recei ved 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 emissio ns 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 enforceabl e 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 maj or 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, t he 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 a verage 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.(ii i) of this part. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 41 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. 35 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 gen erating 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 establi shing 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, o r 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 ma jor 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 originall y 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 corr esponding 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 th is 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 b e 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 Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 42 II.A.6.c.(ii) A ctual 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. S uch 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, de termines 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

- 1 530.

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 d esigns, 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, combusti on, or post

combustion 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 w as 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 de monstration 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 Formatted: Font: Not Italic

Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 43 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 r equesting 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 re quired 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 s tatus 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 perfo rmance 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 i mpact 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 accor dance 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 co pies 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 ch ange 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 pu rposes of this Part D, there are two types of emissions units described in Section II.A.13.a. and II.A.13.b., below. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 44 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 f rom 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 electric al 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 el evation nine hundred feet or more above the base of the stack of a source.

II.A.17. Hydrocarbon c C ombustion f F lare

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 practi ce 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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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 Numbe r 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 s tationary 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 hundr ed 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 a ny 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 i ncrease 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 phy sical 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, 19 76 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 s uperseding 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 alternati ve fuel because of an order or rule under Section 125 of the Federal Act; Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 46 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 o r 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 inc rease 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 demonstrat ion 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 i s 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 resul t 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) T t he reactivation of a very clean coal fired electric utility steam generating unit.

I I.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 requirem ents 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. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 47 II.A.22.f. Emissions caused by indirect sources of pollution, emissions from internal combustion engines on any veh icle, 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 includ ed 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 a dopted 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, J anuary 6, 1975;

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

II.A.23.c. In the case of PM2.5, October 20, 2011 2010

.

II.A.24. Major Stationary Source

II.A.24.a. For the purpose of determining whether a source in an attainment or unclas sifiable 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 regulate d 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 o f charging more than 250 tons of refuse per day

II.A.24.a.(i)(J) Hydrofluoric, sulfuric, and nitric acid plantsRegulation Number 3 Adopted: December 2 0, 2012 Page 48 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 m etal 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 are a 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 vio lation 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 underRegulation Number 3 Adopted: December 2 0, 2012 Page 49 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 f or 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 st atus 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 s ources 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 sour ce. 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 S ection 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 modificat ion 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 majo r 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 t he 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

sa tisfaction of the Division, that the emissions increase from the major stationaryRegulation Number 3 Adopted: December 2 0, 2012 Page 50 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 par agraphs II.A.4.a.(iii) and II.A.4.b.(iv) of this Part D shall not apply

. emissions from a particular physical chan ge 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 emissi ons 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, dem onstrable evidence to the Division of what actual emissions were before making the increase or decrease and what they were after m aking 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 PM 10 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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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 51 II.A.26.e . An increase in actual emissions is creditable only to the extent that the new level o f 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 att ainment 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 matt er 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 operatio nal 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 referen ced 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 sta tionary 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 Divi sion 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 pl an 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 pro gram is a major NSR permit.

II.A.28

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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 definiti ons 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 Pe rmit 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 emissio n 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 (PS D) 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 maxim um 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 significan t 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 Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 53 company's expected business activity and the company's highest projections of busine ss 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

- fo ur 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 usin g 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 El ectric 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. Wa s 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 o xides 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: Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 54 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. Notwithstan ding 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 Fed eral 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 em issions

, 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 applicabili ty 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 b y 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. Repl acement 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 emissi ons 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 disa bled, 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 Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 55 II.A.40.a. Replacement of an exi sting 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 f uel 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 bo iler 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 b een 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 tw o 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 oper ations), 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 increas e 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 repres entative 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, incl uding 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 fa cility 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 m obile 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 woul d equal or exceed any of the following:

Carbon monoxide: 100 tons per year Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 56 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 t ons 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

Hydro gen 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 octa

chlorin ated 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 th e 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 o f 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 Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 57 For a regulated NSR pollutant, an increase in emissions that is significant (a s 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 Uni t

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. 4 6

. 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 p ermit 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 spe cific 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 Colora do 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 emissio ns increase of VOC shall be as follows:

V.A.3.a(i)(a) In any m arginal nonattainment area for ozone

– at least 1.1:1;

V.A.3.a(i)(b) In any m oderate nonattainment area for ozone

– at least 1.15:1; Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not Italic

Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 58 V.A.3.a(i)(c) In any s erious nonattainment area for ozone

– at least 1.2:1;

V.A.3.a(i)(d) In any s evere nonattainment area for ozone

– at least 1.3:1; or

V.A.3.a(i)(e) In any e xtreme 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 sub part 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 subpar t 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. Offs ets 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 attain ment 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 sou rce 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

r equirements 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 o f 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.Regulation Number 3 Adopted: December 2 0, 2012 Page 59 V.A.6. The applicant will demonstrate that em issions from the proposed source will not adversely impact visibility in a Class I area. This demonstration shall be reviewed by the Federal Land Manager and any determination made by the Federal Land Manager shall be considered in the Division's decision to grant the permit. If an adverse impact, as described in Section XIV.E., is predicted by the Division, the permit application will be denied. Federal Land Manager involvement shall follow the same procedures as stated in Section XII XIII .A. of this Par t 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 Certa in 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 o f 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 projec t, 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 b y 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, befo re 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 obta in 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 Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 60 of regular operations after the change, or for a period of t en 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 ge nerating 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 i dentified 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 emi ssions 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 wish es 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 D eterioration 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 Federa l 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 o r 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 th e following requirements, in addition to those in Section III.D.1. of Part B of this regulation, have been or will be met: Formatted: Font: Not Italic

Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 61 VI.A.1. Control Technology Review.

VI.A.1.a. A new major stationary source shall apply Best Available Control Technology for each po llutant 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 operati on 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 per mit

>>> 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 w ith 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 Feder al 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 pollut ant 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 purpose s 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 Divi sion 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 shorte r period. Formatted: Font: Not Italic

Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 62 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 includ ing 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 it s 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 on e 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 Secti on 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 c onditions.

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 i n 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 o ccur 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 d etermination 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 quali ty 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 associa ted 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 operato r 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 pollut ant; or Formatted: Font: Not Italic

Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 63 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 Sect ion 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 f rom 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 revise d 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 dur ation 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, i f 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 Secti ons 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/m 3 , 8

- hour average;

VI.B.3.a.(ii) Nitrogen dioxide

- 14 μg/m 3 , annual average;

VI.B.3.a.(iii) Particulate Matter

- PM10

-- 10 μg/m 3 , 24

- hour average; PM2.5

– 4 μg/m 3 , 24

- hour average;

VI.B.3.a.(iv) Sulfur dioxide

- 13 μg/m 3 , 24

- hour average;

VI.B.3.a.(v) Lead

- 0.1 μg/m 3 , 3

- month average;Regulation Number 3 Adopted: December 2 0, 2012 Page 64 VI.B.3.a.(vi) Fluorides

- 0.25 μg/m 3 , 24

- hour average;

VI.B.3.a.(vii) Total reduced sulfur

- 10 μg/m 3 , 1

- hour average;

VI.B.3. a.(viii) Hydrogen sulfide

- 0.2 μg/m 3 , 1

- hour average;

VI.B.3.a.(ix) Reduced sulfur compounds

- 10 μg/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 c oncentrations 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 thi s 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 effe ct, 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 w ere as 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 speci fied 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 inf ormation:

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 det ermine 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 fo r why such amount was excluded, and any netting calculations, if applicable. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 65 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 info rmation 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 own er 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 emissi ons, 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 de sign 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 utili ty 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 a s 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 a pply 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:

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 66 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 modificat ion 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 emissio n 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 requirem ents, 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

so urce 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). B aseline 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 pr oposes 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. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 67 XV.C.1. A PAL may be established a t 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 t he 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 pollutan t 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 operato r 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 Pa rt 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 ow ner 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 th e 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. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 68 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 as sociated 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 aft er 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 spe cify 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 t hat 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 requ irement 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 e lectronic 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. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 69 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 i ncrement 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 emissio ns 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 renew als 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 t he 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

u nder Section XV.I.5., such distribution shall be made as if the PAL had been adjusted. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 70 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 moni toring 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 emis sions 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 chang e 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 sh all 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 co nsideration 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 prio r 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 sub mits 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). Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 71 XV.I.3.d. Any other information the owner or operator wishes the Division to consider in determining the appropriate level for renewing the P AL

.

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. T he 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 growt h 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

occur s 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 effe ctive 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 s ubmit 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 equ al 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 si gnificant 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 Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 72 established within t he 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 e missions 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 maj or 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 tha t 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 a ctual 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 acce ptable 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 s ystem 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 emplo y 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 Performanc e 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); Formatted: Font: Not Italic

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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 conte nt 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 usi ng 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, a nalyze, 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 em issions 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; Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 74 XV.K.6.b. The emissions unit shall operate within the des ignated 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 te sting 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 conside ring 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 em issions 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 req uire 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 y ears 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 app lications 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 shal l 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 X V.K.11.a. through XV.K.11.c. below. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 75 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, Se ction 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

e ach 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 m ade 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 malfunctio ns (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 a nticipated 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 provid ed 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. De viation 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 (a s 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 reva lidation test or method within three months after completion of such test or method. Formatted: Font: Not Italic

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Formatted: Font: Not ItalicRegulation Number 3 Adopted: December 2 0, 2012 Page 76 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 applica tion 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 S ection 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 Contr ol 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 publ ic 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

T he 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

. Formatted: Font: Not Italic

Formatted: Title1

# Colorado Air Quality Control Commission Meeting Minutes

40 CFR P art 51 Appendix V 2.1(g)

# STATE OF COLORADO

John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH, Executive Director and Chief Medical Officer



### COLORADO AIR QUALITY CONTROL COMMISSION http ://www.cdphe.state.co.us

4300 Cherry Creek Drive South OED

- OLRA

- A5 Denver, Colorado 80246

- 1530 Phone (303) 692

- 3100 Fax (303) 691

- 7702 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) Sae ed 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 G elfuso

- Goetz , Erin Overturf, Clay Clarke



## ______________________________________________________________________________ C ALL TO 

## O RDER AND 

## D ETERMINATION OF A 

## Q UORUM 

## Chair Roberts called the meet ing to order at 9:00 AM and determined that a quorum of Commissioners was present with seven Commissioners.

P UBLIC 

## C OMMENT 

## Chair Roberts as ked 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 A PPROVAL OF 

## M EETING 

## M INUTES FOR 

## O CTO BER 

## 18 , 2012 Chair Roberts asked the Commission if there were any modifications to the minutes. There were no modifications.

Motion: To approve the Octo ber 18 , 2012 Meeting Minutes Moved: Commissioner Clouse Second: Commissioner Campsie Discussion: none Car ried: 7

- 0

CONSENT AGENDA R EQUEST FOR 

## P UBLIC 

## H EARING



## – F EBRUARY 

## 21, 2013

**•** Set a public hearing to consider the National Park Service’s revised significant user prescribed fir e planning document.

**•** Set a public hearing to consider transportation conformity determinations for DRCOG’s 2035 Regional Transportation Plan and Transportation Improvement Program. This

c onformity 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 propo sed; these plan revisions necessitate the Commission’s consideration in accordance with Regulation Number 10.

R EQUEST FOR 

## W RITTEN 

## C OMMENT 

## O NLY 

## R ULEMA KING 

## H EARINGS



## – M ARCH 

## 21, 2013

**•** S et a written comment only rulemaking hearing to consider revisions to th e 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.

R ULEMA KING 

## H EARING S



## • C onsider proposed changes to the Lamar PM10 Maintenance Plan. This is the second of the 10

- year plans required by the Clean A ir 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.

**•** C onsider 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 R EQUEST FOR 

## R ULEMA KING 

## H EARINGS



## – M ARCH 

## 21, 2013 Regulation Number 6, Part B At 9:04 AM Stefanie Rucker of t he Division requested that the Commission set a rulemaking hearing to consider pro posed 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 N otice of R ulemaking H eari ng 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

R ULEMA KING 

## H EARINGS 

## Regulation Number 7 At 9:14 AM T he Commission consider ed 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 significa nt 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 Regulat ion Number 7 revisions as prop osed by the Division Moved: Commissioner Coons Second: Commissioner Campsie Discussion: None Carried: 7

- 0

## 4 Regulation Number 11 At 9:28 AM t he Commission consider ed modifications to Regulation 11

, Motor Vehicle Emissions Insp ection Program by Doug Decker and Garry Kaufman of the Division that would take effect in January 2015. A n overview of the rule revisions, program emission reduction benefits, implementation issues, public comments and the recent legislative audit were dis cussed. 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 r evisions as prop osed by the Division Moved: Commissioner Wilson Second: Commissioner Clouse Discussion: None Carried: 7

- 0

B RIEFINGS 

## , D ISCUSSIONS AND 

## R EPORTS 

## Regulation Number 9: Annual Update At 10: 22 AM Gordon Pierce and Pat McLaughlin of t he Division provide d an annual update to the Commission on the projected costs for the Smoke Management Program. The regulatory five percent cost increase th reshold was not triggered and, thus, no fee increase is necessary. The necessity of an annual update was questi oned and the Division may consider a legislative change to remove this requirement.

Commissioner Information al Discussions Coons noted that she sits on an advisory committee with National Jewish Hospital and recommended that a NJH study on air pollution i mpacts on pediatric health , particul a r ly 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 legisl ation 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 u g/m3)

. The controversial secondary standard addressing urban visibility was deferred.

**•** The Division’s o il 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 Jan uary 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 30 th 

## . 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

.

**•** Review ed February agenda items and note d tha t there will no t 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 progr am 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

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### 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).



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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.

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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.

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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.

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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).



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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;

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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.



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5Page 14

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 fromagriculture, 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 havethe 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.



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5Page 16

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 1001-5Page 18

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 1001-5Page 20

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 1001-5Page 22



### 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 1001-5Page 24



### 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.



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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.



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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 1001-5Page 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, thenature 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.

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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 1001-5Page 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:

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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



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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.

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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.

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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



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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



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### 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

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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



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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

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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



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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

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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



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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

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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



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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 

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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



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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



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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



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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 

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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.



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### 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.

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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.



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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 1001-5Page 76

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 forthe 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 forthe 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 wascapable 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 maintainthe 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 cleancoal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutantemitted 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) totalingmore 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. 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 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



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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.



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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.



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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.



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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

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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/m 3 0.3 pg/m J 0.3 pg/m 3 24-hr 0.07 pg/m 3 1.2 pg/m 3 1.2 pg/m 3

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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 theowner 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.



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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/m 3 , 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
SO 2 1.0 pg/m 3 5 pg/m 3 25 pg/m 3 PM10 1.0 pg/m 3 5 pg/m 3
PM2.5 0.3 pg/m 3 1.2 pg/m 3

NO 2 1.0 pg/m 3 CO 500 pg/m 3 2000 pg/m 3



### 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.:



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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.



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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.



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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



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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.



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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 b ex

- 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.



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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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