0 2011 State of Co l or

ado All Righ ts R eserved 

### 34 CR 21 and 22, 11 -11 Page 119 11.A.4 . b . (iv) For a regulated NSR pollutant , when a project involves multiple emissions units, only one consecutive twenty-four month period mu be used to determine the baseline actual emissions fo r the emissi 

### s units being changed. A different consecutive twenty-four month period can be used for each regulated NSR pollutant . 11.A.4 . b .(v) The average rate shall not be based on any consecutive entyfour month period for which there is inadequate informatia for determining annual emissions , in tons peryear, and for 'djusting this amount ifrequired under Sections 11.A.4. b.(ii) and II.A. .b. (iii) of this part. 11.A.4.c. For new emissions unit , the baseline actual emissions fi r purposes of deter, · ning the emissions increase that will result from e initial construction and op ation ofsuch unit shall equal zero; and there er, for all other purposes, hall equal the unit's potential to emit (as ef i ned in Section 1 . 8.35. ofPart A 

### o his regulation) . 11.A.4 .d . For a PAL for major stationary source, the ba eline actual emissions shall be calculated fo xisting electric util i ty steam enerat i ng units in accordance with the procedu contained in Section II. .4.a., for other existing emissions units in a ordance with the pri edures conta i ned in Section 11 .A.4.b.. and for a ne emissions unit in ccordance w ith the procedures contained in Section II. 4.c. 11.A.5 . Baseline Area 11 .A.5 .a . Any i ntrastate area (and eve rt thereof) des ignated as atta i nment or unclass ifiable under Sections (d)(1 ){A)( i i) or (i i i) of the Federal Act i n which the major source or m 1or odification establishing the minor source basel i ne date would constr ct o r w Id have an air quality i mpact for the po l lutant for wh ich the ba e li ne date estab li shed , as follows : equal to or greater than one micro am/cubic met (1 μg/m3) (annua l average) for S02 , N02 , or PM1 O ; r equal to or grea r than 0 .3 μg/m3) (annual average) for PM2 . 5 . 11.A.5 . b . Area redesignati ns under Section 107(d)(1) )( ii ) or (ii i) of the Federal Act cannot interse or be smal ler than the area of 1 pact of any major stationary source or ma · r modification that: 11.A.5 . b . (i)**~tablishes** a m inor source base li ne date , r 11 .A.5 ..(ii) Is subject to th is Part D , and wo ul d be cons! state as the state propos i ng the redesignation . baseline area establ ished originally for the total suspen d particulate · crements shall rema in in effect and shall app ly for purposes determin ing the amount of availab le PM10 i ncrements , except that such bas ine area shall not remain i n effect if the permit authority resc i nds the corre ond i ng minor source basel i ne date in accordance w ith Section 11.A .25 .c . asel i ne Concentration The mb ient concentra ti on level that exists in the base li ne area at the time of the appl icabl m i or sourcf' base l ine date . A base li ne concentration is determined for each pollutant for ich a minor source baseline date is estab l ished and shall i nc lude :



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

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11.A.7 . 11.A.6 .a . The actual emissions representative of sources in ex istence on the applicable minor source baseline date , except as otherwise provided in thi definition ; and 11.A.6 .b . The allowable emissions from major stationary sources that commen construction before the major source baseline date , but were not in peration by the applicable minor source baseline date . c. The follow i ng will not be included in the baseline concentratio

the applicable maximum allowable increase(s) :

.6.c.(i) Actual emissions from any major stationary s rce on which construction commenced after the major sour baseline date ; and 11.A.6 .c. 'i) Actual emission increases and decreas at any stationary source o urring after the minor source baselin aate . 

### Initiation ofphysical on-site cons ction activities on an e issions unit that are ofa permanent nature. Such activities elude, but are not

# r ited to, installation ofbuilding supporls and foundations, laying ofu derground pipe ork, and construction of permanent storage structures. With respect to a c ange in the ethod ofoperation, this term refers to those on-site activities other than prepar, ory acti ties that mark the initiation of the change . An emission limitation ( including a visible iss1 ns standard) based on the maximum degree of reduction of each regulated N pollut t that would be emitted from any proposed major stationary source or m ior modifica 'on that the Division or Commission , on a case-by-case basis , taking i nto acco t energy , envir mental , and economic impacts and other costs , determines is achieva e for such source o modification through app l ication of production processes or availabl methods, systems, an techniques , including fuel cleaning or treatment or innovative fuel mbustion techniques for c trol of such pollutant. In no event shall application of the est available control technolog result in em issions of any pollutant that would exceed missions allowed by the applicab standards in the Code of Federal Regulations, Title 0, Parts 60 and 61 (Regulation Num r 6 , Part A , and Regulation Number 8 , Part A) as in ffect on the effective date of this clause , t not including later amendments , unless ch amendments are specifically i ncorporate by reference i n accordance with the revisions of Colorado Revised Statutes Section 4-4- 103 (12 .5) . Information as tot e availability of such standards may be obta ined fro the D irector, Ai r Pollution Control ivision , Colorado Department of Publ ic Health and Env onment , 4300 Cherry Creek ive South, Denver , Colorado 80246-1530 . If the Divisi n or Commiss ion determines that technolog ical or economic limitat ns on the applicati of measurement methodology to a particular em issions un it would ma e the i mposit' n of an emissions standard infeasible, it may instead prescribe designs , e ipment , work ractices , operational standards or combination thereof , to satisfy the requirem t for the ppl ication of best available control technology . Such standard sha ll , to the degre p si ble, set forth the emissions reduct ion achievable by implementation of such des ign ,

quipment , work practice or operation and shall provide for compliance by means that achieve equ ivalent results .



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS<O 20 1 1 State of Co lorado A ll R igh ts Reserved 

### 34 CR 21 and 22, 11-11 Page 125 11.A.22.d.(viii)(A) The Colorado State Implementation Plan , and 11.A.22 .d .(viii)(B) Other requ i rements necessary to attain and mai tain the National Ambient Air Quality Standards during t e project and after it is terminated . 11 .A .22 .d . (ix) For major stationary sources in attainment areas : 11.A.22 .d .(ix)(A) The installation or operation of a perm ent clean coal technology demonstration project that c stitutes repowering, provided that the project does no result in an increase in the potential to emit of any regu ted pollutant emitted by the unit. The exemption sha apply on a pollutant- by- pollutant bas is .

. 22 .d . (ix)(B) the reactivation of a very c an coal fired electric utility steam generating unit. 11.A.22.d.(x) Th reactivation of a very clean c al fired electric util ity steam generati unit. 11.A.22. e. This definition sha

1 1.A.22 .f . Em iss ions caused by indire s urces of po l lution , emissions from interna l combustion engines on any v icle, and emissions resulting from temporary construction or exploration a iv1 ·es shall be excluded in determining whether a major modificati wi ll Emissions from on-goi construction re not considered to be temporary em issions, and are in uded in determ i · g whether a major modification w ill occur. Fug itive emissio s from the listed sources in ection 11.A.24 .a . and any other stationary sour e category that, as of August 1980 was regulated under Sections 111 r 112 of the Federal Act (as adop din Regulations Nos . 6 , Part A , and , Parts A and E) shall , to the extent antifiable, be considered i n calcula · g the potential to emit of the modificatio 11.A.23 .a . I the case of PM10 and sulfur diox ide , January 6 , 1975 ; 11.A.23 .. In the case of nitrogen dioxide, February 8 , 1988 ; and ii.A 3 .c . In the case of PM2 .5, October 20, 2011 . 11.A.24 .a. For the purpose of determin i ng whether a source in an attainment or unclassifiable area is subject to the requirements of this Part D , major stationary source means :



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### 5 CCR 1001-5 11.A.24 .a .( i) Any of the following stationary sources of a i r pollutants that emits , or has the potential to emit , one hundred tons per year or more of any regulated NSR pollutant: 11.A.24 .a . (i)(A) Fossil fuel-fired steam electric plants of mo re than million British therma l units per hour heat input

.24.a.(i)(B) Coa l cleaning plants (w ith therma l dryers)

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

II.A. .a . (i)(T) Secondary metal production plants II .24.a . (i)(U) Chemical process plants 11

.A.24 .a . (i)(V) Foss i l fuel boilers (or combinat ions thereof) tot ng more than 250 m i llion British thermal units per hour hea input 11.A.24 .a. (i)(W) Petroleum storage and transfer un its w ith a tota l storage capacity exceed i ng 300 ,000 barre ls 

### CODE OF COLORADO REGULATIONS0 20 I I State of Colorado i\ 11 Rights Reserved 

### 34 CR 21 and 22, 11-11 Page 127 11.A.24 .a .(i)(X) Tacon ite ore processing plants 11.A.24 .a .(i)(Y) Glass fiber processing plants 11.A.24 .a .(i)(Z) Charcoal production plants 4 .a . (ii) Notwithstanding the stationary source size specified · Section 11.A.24 .a .(i) , any stationary source that emits, or hast potential to

mit, two hundred and fifty tons per year or more of y regulated

R pollutant. 11.A .24.b .For the purp e of determining whether a source in onattainment area is subject to the r uirements of Section V . of this part and whether a source in an attainment are affecti ng a nonattainment are s subject to the requirements of Se ·on Vl.D. of th is part, major tationary source means any stationary source of a pollutants that em its , has the potential to emit 

### 100 tons per year or more o ny regulated NS ollutant for which the area is nonattainment. Additiona , a source ca mg or contributing to a violation of a national amb ient air qualit standard f any pollutant regulated under Section 

### 110 of the Federal Ac hall b considered a major stationary source when it has the potential to em it n undred tons per year or more of that pollutant. The source w ill be con ered to cause or contribute to a violation where the source exceeds the · ni ance levels i n the table under Section Vl.D .2 . of this Part D . Such s bject to the requirements of Section VI. of this Part D. 11.A.24 .c.Major stationary sourc includes any physic I change that would occur at a stationary source not therwise qualifying as a ajor stationary source under Sections 11.A.24 .a d 11.A.24 .b. of this part, if th change would constitute a major stationary urce by itself. 11.A.24 .d .A major stat' nary source that is major for volatile org NOx shall considered major for ozone, except that e · sions of negligibly latile organic compounds , as defined i n the Co on Provisions, be included in the determination of major stationary for o ne . e fugitive emissions of a stationary source shall not be include etermining for any of the purposes of th is section whether it is a maJ r stationary source , unless the source belongs to one of the categories o stationary sources listed in Section 11.A.24.a . (i) or any other stationary so ce category which , as of August 7, 

### 1980 , is regulated under Section 

### 111 or 

### 11 of the Federal Act. 11.A .24.f. Emissions caused by indirect air pollution sources (as defined in Section 1.8 .24 . of Part A of this regulation) , em issions from internal combustion engines on any vehicle, and emissions resulting from temporary activities , such as construction or exploration, shall be excluded in determining whether a source is a major stationary source . Emissions from ongoing construct ion are not considered to be temporary emissions and are included in determining whether a major modification w ill occur.



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

### Page 128.A.25 . Minor Source Baseline Date



### 5 CCR 1001-5 11.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 submits a complete application under the relevant regulations . The tri er date is : 11.A.25 .a. (i) In the case of PM10 and sulfur dioxide , August 7 1977 ; In the case of nitrogen dioxide , February 8 , 1 In the case of PM2 .5 , October 20 , 2011 . 11.A .25 .b. Jhe baseline date is established for each poll ant for which incremen or other equivalent measures have bee established if: The area i n which the proposed ource or mod ificat ion would constr tis designated as attainment r unclass ifiable under Sections 107(d)(1 )(A(ii) or (iii) of the edera l Act for the pollutant on the date o ·ts complete applicatio under Section VI. of this part ; and 11.A .25 .b . (ii) In the ase of a major ationary source the pollutant would be emitted in si ificant amo nts , or , in the case of a major modification, ther would b a s ignificant net em issions increase of the pollutant. established originally for the Total Suspended Particulates incr, me s shal l remain in effect and shall apply for purposes of determining t amou of available PM10 increments , except that the Division may re ind any su minor source baseline date where it can be shown , to the tisfaction of th Division, that the em issions increase from the major statio ary source, or the et emissions increase from the major mod ification esponsible for triggen that date d id not result in a significant amou of PM10 em issions . 11.A.26 .a. With re ect to any regulated NSR pollutant emit d by a major stationary source, e amount by which the sum of the follow ing xceeds zero : II.A. 6 .a.( i) The increase in the actual emissions fro a particular physical change or change in the method of opera · n at a stationary source calculated pursuant to Sections l.A.2. throug l.A.3., and 1.8. of this Part D; and 11.A.26 .a . (ii) Any other increases and decreases i n actual em i ions at the major stationary source that are contemporaneous with e particular change and are otherwise creditable . Baseline act I emissions for calculating increases and decreases under this paragraph shall be determined as provided in the definition of baseline actual emissions, except that paragraphs 11.A.4. a. (iii) and 11.A.4.b. (iv) of this Part D shall not apply .



### CODE OF COLORADO REGULATIONS" · 20 I I Stale of Colorado /\II Rights Reserved 

### 34 CR 21 and 22 , 11-11 Page 129

11.A.26.c. An increase or decrease in actual emissions is creditable only if : 11.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 11.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 11.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 11.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 . 11.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 aRe eRly PM2.6 effiissieRs eaf'I ee tJsee to soaltiale tl1s 11et e111issio11s i11c1ease fo1 PM2 . 5. 11.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. 11.A.26.f. A decrease in actual emissions is creditable only to the extent that: 11.A.26 .f . (i) The Division has not relied on it in issuing any permit under this Part D , or has not relied on it in demonstrating attainment or reasonable further progress: 11.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; 11.A.26.f. {iii) It is federally enforceable as a practical matter at and after the time that actual construction on the particular change begins; and 11.A .26.f .(iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change ; and 

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

### Page 130 11.A.26 .g . An increase that results from a physical change at a source occurs when the emissions unit on which construct ion 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 . 11.A.26.h. Section 11.A.1 . a. of this part shall not apply for determining creditable increases and decreases after 

### a change . 11.A.26 .i . The organic compounds referenced in the common provisions definition of negl igibly reactive volatile organic compounds are neither counted as reactive volatile organic compounds in determining sign ificant ozone increases nor creditable against an increase in emissions of any vo latil e organic compound . 11.A.26 . j . Creditable Decreases for Fuel Switch i ng .

General ly, for credit to be given for the emissions reduction i n 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 report i ng such reduct ion must be filed within one year after the reduction occurs un less an extens ion is requested by the source and approved by the Div ision 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 imp lementation plan revisions .

.27 . Nonattainment Major New Source Review (NSR) Program A major ationary source preconstruction permit program that has been approved b e Administra and incorporated into this Regulation Number 3. Any permit issued nder the program is a m · or NSR permit. Generally means the date o · uance of the PAL permit. Howe r , the PAL effective date for an increased PAL is the date an missions unit that is part the PAL major modification becomes operational and begins to it the PAL polluta . 11.A.29 . PAL Effective Period 11.A.30 . PAL Major Mod if

i cation Notwithstanding Sections II. 2 and /l.A.26. of this Part D (the f init ions for major modification and net emi ons increase) , any physical change in o hange in the method of rce that causes it to emit the PAL pollutant at erating Permit issued in accordance with this Part D that establishes 

### a PAL for 

### a**~or** stationary source . 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSt.i 20 I I State of Color ado /\ II Rights Reserved 

### 34 CR 21 and 22 , 11-11 Page 131 1.A .32 . PAL Pollutant Th pollutant for which 

### a PAL is established at 

### a major stationary source . An emiss1 limitation expressed in tons peryear , for 

### a pollutant at 

### a major statio 

### ry source that is enfor able 

### as a practical matter and established source-wide in accord ce with Section XV. o his Part D. 

### 11.A .34 . Preventio of Significant Deterioration (PSD) Permit din accordance with Section VI. of this Part D. 

### 1 1. A .35 . Project existing major stationary source . 

### 1 1. A.36 . Projected Actual Emissio 11.A.36. a. The maximum ann I rate, in tons p r year , at which an existing emissions unit at 

### a major stationa source is ojected to emit 

### a regulated NSR pollutant in any one ofth five ye (twelve-month period) following the date the unit resumes regular o rati after the project, or in any one ofthe ten years following that date, if t roject involves i ncreasing the 

### emissions unit's design capacity or its p ntial to emit ofthat regulated NSR pollutant and full utilization of the un · wo result in 

### a significant 

### emissions increase or 

### a significant net emissi ns incr seat the major stationary source .

· on, the owner or operator ofthe 11.A.36.b. (i) Sh II consider all relevant inform ·on, including but not limited to, hist ical operational data, the compan 

### 's own representations, the co pany's expected business activ i ty 

### a the company's highest ojections ofbusiness activ ity

, the compa 

### ' s filings with the State or Federal regulatory authorities, and comp/ nee plans; and 6.b. (ii) Shall include fugitive 

### emissions to the exten**~uantifiab/e,** and 

### emissions associated with startups, shutdowns, 

### a malfunctions; and 11.A.36. b. (iii) Shall exclude, in calculat i ng any increase in emiss1 ns that results from the particularproject , that portion ofthe unit' emissions following the project that an existing unit could have acco odated during the consecutive twenty-four month period used to est fish the baseline actual emissions under Section 11.A.4. ofthis part and that are also unrelated to the particularproject , includ i ng any increased utilization due to product demand growth; or ,



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### Page 132 11.A.36.b. (iv) In lieu ofusi ng the method set out in Sect ions 11.A.36.b . (i) through 11.A.36.b . (iii) , may elect to use the emissions unit's potenti to emit , in tons peryear, 

### as defined in Section l. B. 37 . ofPart Ao this regulation . eactivation of Very Clean Coal -fired Electric Ut ility Steam Generating Un it Any phys ic change or change in the method of operation associated with the commencem t of commercial operations by a coal-fired utility unit after a per" discontinued o ration where the unit: s not been in operation for the two year period prior o the enactment of

lean Ai r Act Amendments of 1990 , and the emis · ns from such un it cont in e to be carried in the permitti ng authority's e ssions inventory at the time of e enactment ; 11.A.37 . b . Was equi ed prior to shut-down with a conti uous system of emiss ions control that a ieves a removal efficiency for ulfur d ioxide of no less than eighty-five perc nt and a removal efficienc or particulates of no less than ninety-e ight perc t ;

11.A.37 .d . Is otherwise in complian rners pr ior to the ti me of g reactivation ; and 11.A.38 . Regulated NSR Pollutant



### 5 CCR 1001 -5 11.A.38 .b . Any pollutant for w promulgated ; bient air quali ty standard has been at is a constituent or prec sor of a general pollutant listed under Sectio 11 .A .38 .a . or 11.A.38.b., above, e .g . volatile organic compounds nd oxides of nitrogen are precur rs for ozone) provided that such a co tituent or precursor pollutant may on be regulated under NSR as part regulation of the general pollutant. Pree sors for the purposes of New urce Review are the following : II . .38 .c.(i) Nitrogen oxides or any volati le organic com und are precursors to ozone ; 11.A.38 .c . (ii ) Sulfur d ioxide is a precursor to PM2 .5 ; 11.A .38 .c . (i ii ) N itrogen oxides are precursors to PM2 .5 . 11.A.38.d . Any pollutant that is subject to any standard promulgated under Se lion 111 of the Federa l Act ; 11.A.38 .e . Any pollutant that otherwise is subj ect to regulat ion under the Federal A as defined in Sect ion 1. 8.44 . or Part A ;



### CODE OF COLORADO REGULATIONS0 20 I I State of Co lorado /\ 11 Righls R eserved 

### 34 CR 21 a nd 22 , 11- 11 Page 133 11.A.38 .f. Notwithstanding Sections 11.A.38.a . through e . of th is 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 a a const ituent or precursor of a genera l pollutant listed under Section 1 of the Federal Act.

.g . Particulate matter (PM) em issions , PM2 .5 emissions , and PM

shall include gaseous emissions from a source or activity whi condense to

rm particulate matter at ambient temperatures . On or aft January 1 , 2 1 , such condensable particulate matter shall be accou ted for in app · ability determinations and i n establ ish i ng emiss ion li mitations for PM , PM2 . and PM10 in PSD permits . Compliance withe 1ssion lim itations for PM , P .5 and PM10 issued prior to this date shall t be based on condens le particulate matter unless required by e terms and condit ions of the per · or the applicab le implementation pl . Applicabil ity determinatio made prior to this date without counting for condensable particulate ma r shall not be considered in v· lation of this sect ion . 11.A.39 . Replacement Unit An emissions unit for which all the crit ·a listed in Sec · ns 11.A.39. a. through /l.A.39. d. are met. No creditable emission reductions emissions unit that is replaced. 11 .A.39.a . The emissions unit is a rec ructed unit within the meaning of Code of Federal Regulations Title 40, ction 60. 15(b)(1), or the emissions unit completely takes the place an xisting emissions unit . 11.A.39.b. The emissions unit is i emissions unit . 11.A.39. c. The replacement oes not alter the bas desi gn parameters of the process unit. 11.A.39. d. The replace emissions unit is permanently moved from the major stationary s rce, otherwise permanently disabl , orpermanently barred from aper ion by a permit that is enforceable as ractical matter . 

### If the replaced missions unit is brought back into operat1 , it shall constitute a new e 1ssions unit . 11.A.40 .. Replacement of an existing coal -fired bo i ler w ith one of the llowing clean coal technologies : atmospheric or pressurized flu idized bed co bustion , integrated gasification combined cycle , magnetohydrodynam ics , irect and indirect coal -fired turbines , integrated gasification fuel cells , or as termined by the Administrator , in consultation with the Secretary of Energy , a derivative of one or more of these techno logies, and any other techno gy capable of controll ing mu ltiple combustion emissions simultaneously w1 improved boiler or generation efficiency and with sign ificantly greater wa e reduction relative to the performance of technology in widespread commercial use as of November 15 , 1990 . 

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

### Page 1 34 11.A.40 . b . Repoweri ng shall also include any oil and/or gas-fired unit that have been awarded clean coa l technology demonstration fund i ng as of January 1 , 19 by the Department of Energy. epresentative Actual Annual Em issions

· crease in emiss ions that results from the particular physical change o c nge in the method of operation at an electric utility steam generati ng u , that rt ion of the unit's em issions following the change that could hav een acco odated during the representative baseline period and · attributable to a increase in projected capacity utilization at the u that is unrelated to t part icular change, including any increased utiliz ion due to the rate of elect · ity demand growth for the utility ole . Emiss ions that oc r as a result of the construction or operation of a maj stationary source or major modifi ion, but do not come from the major stationary source or ajor modification itself. For th urpose of this Part D, secondary emissions must be specific , II defined , quantifiabl , and impact the same general area as the stationary source or modi ation that causes e secondary emissions . Secondary emissions include emissions from an ffsite supp facility that would not otherwise be constructed or increase its emissions exc t as a res of the construction or operation of the major stationary source or major mod ificati condary emissions do not include any emissions that come directly from a mobile sourc such as emissions from the tailpipe of a motor vehicle , from a tra in , or from a vessel. 11.A.42 . Significant



### 5 CCR 1001-5 11.A.42 .a . Unless the context otherwise requ i res, a significant rate of em iss ions i n 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 oer year of PM 10 emiss ions



### CODE OF COLORADO REGULATIONSCO 20 1 1 S tate of C ol orad o All Rights R eserved 

### 34 CR 21and22 , 11-11 Page 135 PM10 - Precursors in the Denver Metropolitan PM10 attainmenVmaintenance area : 40 tons per year for each ind ividual precursor (nitrogen oxides or sulfur oxides) PM2.5 : 10 tons per year of d i rect PM2.5 emissions; 40 tons per year of sulfur dioxide em issions ; or 40 tons per year of n itrogen dioxide emissions Ozone : 40 tons per year of volatile organic compounds or nitrogen ox ides 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 su lfide) : 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) Mun icipal Waste Combustor Metals (measured as particulate matter): 14 megagrams per year (15 tons per year) Mun icipal Waste Combustor Ac id Gases (measured as su lfur 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) 11.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. 11.A.42 .c . Notwithstanding the significant em iss ion rates above , s ignificant means any em issions 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 m icrogram/cubic meter ((g/m3) (twenty-four hour average) .

An emissi on <> unit t its or has the potential to emit a PAL po · nan amount that is er than the significant level (as defined in Section 11.A.42. o 

### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-5

### Page 136

Ill. 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 An emissions un at emits or has the potential to emit the PAL 

### P. tant in an amount less than the significant le for that PAL pollutant (as defined in lion 11.A.32. of this Part Dor in the Federal Act, whiche

to attain and maintain the it is terminated. Ill.A . Ma · stationary sources subject to the requirements of this Part D must apply nd obtain Construction Permit in accordance with the procedures and requirements in Part Operating permit in accordance with the procedures and requirements in Part C . 111.B . The Div ision 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 . Public Comment Requirements en public comment is required , or when the Division determines that an applica · n war ts public comment in accordance with Section 111.C .3 . of Part B of this re ation , the Divisio hall, within fifteen calendar days after the preparation of the preli · ary analysis, cause pub otice of the application to be published in a newspaper of neral distribution in the area in wh1 the proposed project or activity is or will be locate nd by such other means as necessa to assure notice to the affected public, whi may include posting of such notice on the pu · ly accessible portion of the Division' eb site, and cause a copy of the application, the prelim1 ry analysis and the draft per to be filed with the county clerk for each county in wh ich the s rce is , or will be, loc 

## a. The Division shall send written or electronic notice to persons requ ·ng a notice o ermit applications for the type of source or geographic area . IV.A.1. For sources subject to the pro · ions Sections V . and VI. of this part , a copy of all



### 5 CCR 1001-5 the materials the applican ubmitted, an copy or summary of other materials , if any, considered in ma · g the preliminary a sis shall be filed with the county clerk for each county in ich the source is or will be ated . In addition, for sources subject to the visions of Sections V . and VI. , a c of the written or electron ic notice of p 1c comment shall be sent to the applicant, e U .S . EPA Administrator, and to cials and agencies having cognizance over the lo tion where the pro sed construction would occur, including any other state o cal ai r pollution

ntrol agencies and any state , Indian governing body or Federal d Manager whose lands may be affected by emissions from the source or modific · n . Additionally , for permit applications subject to the requirements of this Part D , notice shall contain the following information :



### CODE OF COLORADO REGULATIONS© 2011 State of Colorado /\II Rights Reserved 

### 34 CR 21 and 22, 11-11 Page 137 IV.A.2 .a . That comments are sol icited 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 ; V.A.2 . b . That comments are solicited on the air quality impacts of the sourc modification;

.c . That comments are solicited on alternatives to the source or IV.A.2 .d . That any interested person may subm it a written request f r a public c ment hearing to be held pursuant to Section 1 .7 .0. of e Commission's pro dural rules to receive comments regarding the for going concerns, the suffic1 ncy of the preliminary analysis, and whether t Division should approv or deny the permit application ; and IV.A.2.e . The degr of increment consumption that is e ected from the source or modification . IV.A.3. Within fifteen calendar d s after the preparation o the preliminary analysis for those applications subject to the quirements of this P rt D, the Division shall forward to the applicant written notice o the applicant's ri t to a public comment hearing with respect to the application purs ant to Sectio .7 .0 . of the Commission's procedural rules . IV .A.4 . A hearing request pursuant to Secti I .A.2 .a . of this Part D , regarding innovative control , must be transmitted by the D1 sion to the Commiss ion within twenty days after its receipt. IV.A.5 . A hearing request pursuant to S lion IV.A. .d . of this Part D must 

### be transmitted by the Division to the Commissio , along with th complete perm it application , the preliminary analysis , the dra permit , and any ritten comments received by the Division within five days a r the end of the thirt day comment period . At least thirty days prior to the date set or the public comment h aring , the notice of public comment hearing, the eliminary analysis and the aft perm it shall be posted on the Division's web site . substantive revisions shall be ade to the draft permit during the thirty days prior the public comment hearing . IV.A.6 . The Commissio shall hold a public comment hearing withi sixty days of its receipt of the request r such heari ng pursuant to Section IV.A.2. of is Part D (unless such greater time · agreed to by the applicant and the Division) , but t least sixty days after recei by any Federal Land Manager of notice and the per ·t application required ursuant to Section XIII.A. of this Part D . The Division sh I appear at the public mment hearing in order to present the permit application. A least thirty days prior such hearing , notice thereof shall be mailed by the Commissio to the ap cant, to any interested person who submitted a request for a public earing and t ny Federal Land Manager given notice pursuant to Section XIII.A ., pri ed in a

ewspaper of general distribution in the area of the proposed source or mo · 1cation, and submitted for public review with the county clerk for each county in which e source or modification is or will be located . Except as provided herein and in th notice , such hearings will 

### be conducted pursuant to the Act , the Procedural Rule the Ai r Quality Control Commission and the State Admin istrative Procedure Act, Colorado Revised Statutes , Section 24-4-101 et seq .



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### Page 138

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 we ll as those in Section 111.0.1. of Part B of this regulation, will be met: he proposed source will ach ieve the lowest achievable em iss ion rate for th ory . V.A.2.

V.A.3 . Prior to the date of commencement of operations , the ratio of total actua l em ission reductions compared to the emissions increase (offsets) shall be at least one for one (1 : 1 ) , unless an alternative ratio is provided for the applicab le nonattainment area as identified in Section V .A .3 .a .. below .



### 5 CCR 1001-5 V .A.3 .a. Offset Ratios V.A .3 .a(i) For ozone nonattainment areas that are subject to subpart 2, part 0 , title I of the Federal Act , the offset ratio of total actual emission reductions of 

## voe to the em issions increase of 

## voe 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 nonattainmen t area for ozone - at least 1 .5 : 1 . V.A.3 .a . (i i) For all areas within an ozone transport re g ion that is subject to subpart 2, part 0 , title 1 of the Federal Act , and that are not**d~signated** as serious. severe or extreme and are subject to subpart 1 , part 0 , title 1 of the Federal Act - at least 1 . 15 : 1 . 

### CODE OF COLORADO REGULATIONSl{) 20 I I State of Colorado All Rights Reserved 34 

### CR 21 and 22, 

### 11-11 Page 139 V.A.3 .a .(iii) For ozone nonattainment areas that are subject to subpart 1 , part 

### 0, title I of the Federal Act , including 8-hour ozone nonattainment areas subject to 40 eFR , Part 51, Section 51 .902(b), the ratio of total actual emissions reductions of voe to the emissions increase of voe 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 Ai r Quality Standards when considered in connection with other new and exist i ng 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 em issions . 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 ach ieved, or sufficient offsets are not available from sources within the nonattainment area; and V.A.3 . b .(ii) The other area has an equal or higher nonattainment classification than the area in which the source is located; and V.A.3 . b .(iii) Emissions from such other area contribute to a violation of the National Ambient Air Quality Standard in the nonatta i nment area in which the source is located . V.A.3 .b . (iv) With respect to offsets obta i ned from outside the nonattainment area, the Qivision 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 11.A.38 . of Part 

### 0 . V.A.4 . The permit application shall include an analys is 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 .

ffsets for which em ission reduction credit is taken must be enforceable thr perm ditions or source specific state implementation plan rev i · V.A.6.



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### 5 CCR 1001-5 performed using either techniques described in the latest vers ion of the U.S . EPA document entitled "Workbook for Estimating Visibility Impairment" or other techniqu approved by the Division . Applicability of Certain Nonattainment Area Requirements 7 .a . Any major stationary source in a nonattainment area is subject t requirements of Section V.A. of th is Part D . V.A.7 . b . e requirements of Section V.A. shall apply at such time at any stationary so ce or modification becomes a major stationary sourc or major modi cation solely by virtue of a relaxation in any enfor eable lim itation that was es blished after August 7, 1980 on the capacit f the source or modifica · n to otherwise emit a pollutant, such as restriction on hours of operation . V.A. 

### 7.c. The following ovisions apply to projects at xisting emissions units at a major stationary urce (other than project at a source with a PAL) in circumstances whe there is a project t t is not a part ofa major modification and the ner or operator; lects to use the method specified in Sections 11.A.36.b. (i) t ugh 11.A.36 . (iii) of this Part D for calculating projected actual emissio .

V.A. 7.c. (il ) Identification of the issions unit(s) whose emissions fa regulated NSR polluta could be affected by the project ; and

. 7

.c. (i)(C) A description of the applica · ity test used to determine that the project is not a major modi ation for any regulated NSR pollutant, including the baseline ctual emissions, the projected actual emissions, the amount f emissions excluded under Section II.A. 36.b.(iii) of this rt and an explanation for why such amount was excluded , d any netting calculations, if applicable. V.A.7.c. (ii) If the emissions unit is an existing electn'c utility steam nerating unit, before beginning actual construction, the owner or ope tor shall provide 

### a copy of the information set out in Section V .A. c.( i ) to the Division . Nothing in this Section V .A. 7. c.(ii) shall be const ed to require the owner or operator of such a unit to obtain any determination from the Division before beginning actual constructio .



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

### 141 V

.A. 7.c. (iii) The owner or operator shall monitor the emissions ofany • regulated NSR pollutant that could increase as a result of the proje

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 peryear on a calendaryear basis, for a pe · d of five years following resumption ofregular operations after th change, or for a period of ten years following resumption 

### o regular operations after the change if the project increases the d sign capacity orpotential to emit of that regulated NSR poll ant at such emissions unit .



### .7. c.(iv) 

### If the unit is an existing electn· c utility steam g erating unit, the owner or operator shall submit a report to the Di ision within sixty days after the end of each year during which cords must be

enerated under Section V .A. 7.c.(iii) setting ut the unit's annual e issions during the calendaryear that pn ceded submission of the rep rt. V.A. 7 . c. (v) 

### If tti unit is an existing unit other an an electric utility steam generat1 unit, the owner or opera r shall submit a report to the Division i e annual

### emissions**~** i tons peryear, from the project identified in ection V.A. 7 . c. (i), ceed the baseline actual emissions (as documen d and maintain 

### ti pursuant to Section V .A. 7.c.(i)(C)) by a significant mount (as fined in Section 11.A.42. of this part) for that regulated N polluta 

### t, and ifsuch emissions differ from the preconstruction p · ctio as documented and maintainedpursuant to Section V .A. 7 .c. (i) . Such report shall be submitted to the Division within sixty d s after the end of such year . The report shall contain the followin :

V.A. 7 .c.(v) ) The annual emissi s as calculated pursuant to See

## r n V.A. 7.c. (iii) ; and

. (v)(C) Any other information th the owner or operator wishexplanation as to why the es to include in the report (e .g. , emissions differ from the precons ction projection). ner or operator of the source shall make the i bed umented and maintained pursuant to Section V . 7 .c. available for rev: w upon request for inspection by the Division or the V .A.8 . Exemp · ns from certain nonattainment area requirements :

.a . The following are exempt from the major stationary source criter

V.A.3. of this part . V.A.8 .a . (i)(A) Portable sources that w i ll relocate outside a non ment area in less than one year . V.A.8 .a . (i)(B) Each pilot plant that operates an aggregate of less th six months . 

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

### Page 142 V.A.8.a.(i)(C) Construction phases of a new or modified building , facility, structure , or installation . These may , at the discretion of the Division, exceed a period of one year . V.A.8.a .(i)(D) Other temporary processes or activities of less one year in duration . V.A.8 .a . (i)(E) Sources undergoing fuel switches as req eral order if the Division determines that: V.A.8.a.i(E)(1) The applicant has used best effo in seeking the required emission offsets but was unsu essful ; V.A.8 .a. i(E)(2) All availab le emission offs

.8 .a .i(E)(3) The applicant will cont" ue to seek emission offsets as they become available . VI. 

### Requirements applicable to a inment and unclass · 1able areas and pollutants implemented under Section 

### 110 f the Federal Ac {Prevention of Significant Deterioration Program). VI.A. Major Stationary Sources and Major Mo The requirements of this Section VI. shall p to any major stationary source and any major modification with respect to each pollut t regu ed under the Act and the Federal Act that it would emit , except as this Regulation umber 3 uld otherw ise al low . For any new major stationary sou e or major modific ·on proposing to construct in any area in Colorado designated under ction 107 (d) of the Fe ral Act as attainment or unclassifiable for any criteria ollutant as of the date of su ittal of a complete application under this Regulation Num r 3 , or for pollutants implement under Section 110 of the Federal Act, the Divis ion all grant a permit if it determines th the following requ irements , in addit ion to those in ction 111.D . 1. of Part B of this regulation , ve been or will be met: Vl.A.1 .



### 5 CCR 1001-5 . A new major stationary source shall app ly Best Avai labl Control Technology for each pollutant regulated under the Act or F eral Act that it would have the potential to emit in significant amounts . Vl.A.1 .b . A major modification shall apply best available control technolog or each pollutant regulated under the Act or Federal Act for which there wou be a sign ificant net emissions increase at the source . This requirement ap ·es to each proposed emissions unit at which a net em iss ions increase in the pollutant would occur as a result of a physical change or change in the method of operation of the unit.



### CODE OF COLORADO REGULATIONS· I ) 20 I I Sta te of Co l orado /\II Rights Reserved 

### 34 CR 21 and 22 , 11-11 Page 143

Vl.A.2 . Source Impact An 1s . The owner or operator of 

### tti oposed source or modificat ion I demonstrate to the Divis ion that allowab ission i ncreases from the pr ed source or mod ification in conjunction w ith all other licable emissions i ases or reductions (including secondary em iss ions) w i ll not cause contribute to concentrations of a i r pollutants i n the ambient a i r i n vio lation of either Sec · Vl.A.2 .a . orb . , as clarified for any relevant air pollutant . in Sect ion Vl.A.2 .c .: V l. A .2 .a . Any state or national amb ient ai r qua l ity standard i n any baseline area or a i r qua l ity control region ; or V l. A.2 . b . Any applicable maximum allowab le i ncrease over the baseline concentration in any area . l. A .2 .c. For the purposes of PM2 .5 , this demonstration is deemed to have een made if the emission increase from the new stat ionary source al e or from the modification alone would cause , i n all areas , air quality i m cts less than

e follow i ng amounts : Pollutant PM2 .5 Vl.A.3 . Pre-construction Mon itoring

Vl.A.3 . b . With respect t ny such regu lated po ll uta for which no national amb ient air quality st Clard exists and for wh ich there an acceptable method for the monit ng of that pollutant, the analys is shal ontain such air qual ity mon itor" g data as the D ivision determ ines are nee ary to assess amb ient lily for that pollutant in any area that emissions that pollutant wou ld ct.

.c . With respect to any such pollutant for which a national ambien i r quality

standard does exist , the analys is shall conta i n cont i nuous air quail mon itori ng data gathered for purposes of determ in i ng whether em iss 1 that pollutant would cause or contri bute to a violation of the applicable standard or any maximum allowable increase . 

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### Page 144 Vl.A.3.d . In general , the continuous air quality monitoring data that are required under Section Vl.A .3 .c ., or the pre-application monitoring of ai r quali values required by Section Xlll.B . of th is part , shall have been ered over eriod of one year and shall represent the year precedin ce i pt of the app · lion , except that, if the Divis ion determines Iha complete and adequat alysis can be accomplished with mo · ring data gathered over a period sho han one year (but not to b ss than four months) , the data that are required s have been gath over at least that shorter period . Vl.A.3. e. The owner or operator of a mod ification of volatile anic co unds who sat isfies all conditions of the Code of Federal lations Title 40 , 51 , Append ix S , Section IV . (but not includin dilions resulting from amen ents after July 1 , 1991 and not incl · g Section IV . B . of Append ix S) may p ide post-approva l mo · ring data for ozone in lieu of providing pre-cons tion data as equ i red under Section Vl.A.3.a . ( I nformation on obta i ning Code of Federal Regulations Title 40 , Part 51 , Append ix S , Section IV . is ailable from the Director , A ir Pol lution Control Division, 4300 Cherry Creek South , Denver, Colorado , 80246-1530 .) Vl.A.4 . Post-Construction Monitoring . At its discretion, the Divisio n may require that the owner or operator of a major stationary source or major modification conduct postconstruction amb ient monitoring for a period up to one year . The Div ision may also require additional monitoring beyond the one year period if such mon itori ng is necessary to determine the effect emissions from the stationary source or mod ification have , or may have , on air qual ity in any area . The monitori ng of air quality related values or sensitive receptors requ i red by Section Xll l. B . of this part , shall be for such time as is necessary to determ i ne the effect em iss ions from the source or mod ification will have on the air qual ity related va l ues or sens itive receptors . Post-construct ion mon itori ng requirements w i ll be perm it cond itions . Operation of Monitoring Stations . The owner or operato r of a major stationary so or major modificat ion shall use the U .S . EPA accepted procedures for ambie m itoring as approved by the Division duri ng the operat ion of mon itorin ations for purpo of satisfyi ng the requ irements of Sections Vl.A.3 . and VI. ., above . Vl.A.6 . Additional Imp Federal Act , and fo hich the source or mod ificat ion amounts (as def i ned in sign ificant net em issions inc

The owne r operator shall prov ide an analysis of the air quality i mpact projecte or the area a resu lt of general commercia l, resident ial , i ndustria l and other growth assoc

· the source 

## u mod ification .



### 5 CCR 1001 -5 CODE OF COLORADO REGULATIONSCl 20 I I State of Co lora do i\11 Righ ts R eserved 

### 34 CR 2 1 and 22 , 11-11 P a ge 1 45 Applicability of Certain PSD Requirements . The requirements of Section VI.A. do not apply to a maj or stationary source or modification w ith respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant: V l. 8 . 1 .a . The source or modification is subject to Part 3 of the Act and S this part , and the source or modification wou ld not impact any designated as attainment or unclass ifiable for that pol l utant ; 1.b . The emissions from the source or mod ification would n The source or modification is a portable stationary s urce that has p viously received a permit under requirements e ivalent to those ined in Section VI.A. of this part if : (i) The source proposes to relocate d emissions of the source at t new location would be tempora

Vl.8 .2 . The requirements c rough V l. A.4 . of this part do not apply : V l. B .2 .a . To a roposed major stationary source or m · r mod ification w ith respect to a pa 1cular pollutant , if the emissions would be m a temporary source , m ification or activity , such as construct ion or ex loration , and would not

ve an impact on air qual ity in any Class I area or area where an applicable increment is known to be violated ; or

.2 . b . As they relate to any maximum allowable increase for a lass II area , to a mod ification of a major stationary source that was in existe e on March 1 , 1978 , if the net increase i n all owable emiss ions of each pollu nt subject to regulation , excluding GHG , under the Act from the modification fter the application of best ava i lable control technology would be less tha fifty tons per year . The Division may exempt a proposed major stationary source or major mod ifica ·on from the requ i rements of Sect ions Vl.A.3 . through Vl .A.5 . of this part , with respec o mon itori ng for a particular pol l utant if :



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Vl.8 .3 .a . (ii) Nitrogen dioxide - 14 μg/m 3 , annua l average ; Vl.8 .3 .a.(iii) Particulate Matter - PM10 -- 10 μg/m 3 , 24-hour average ; PM2.5 

### 4 μg/1"1"1 3 , 

### 24 Reur e't·erege; Vl.8 .3 .a .( iv) Sulfur dioxide - 13 μg/m 3 , 24-hour average ; Vl.8 .3 .a .(v) Lead - 0 . 1 μg/m 3 , 3-month average ; Vl.8 .3 .a .(vi) Fluorides - 0 .25 μg/m 3 , 24-hour average ; Vl.8 .3.a . (vii) Total reduced sulfur - 10 μg/m 3 , 1-hour average ; Vl .8 .3 .a .(viii) Hydrogen sulfide - 0 .2 μg/m 3 , 1-hour average ; Vl.8 .3 .a .(ix) Reduced sulfur compounds - 10 μg/m 3 , I-hour average ; or Vl.8 .3 . b . Thee !rations of the pollutant · a t e source or modification would affe concentrations listed in this Vl.8 .3 .c . For ozone, the emissions increase or net emissions increase of volatile organic compounds or nitrogen oxides from the source or mod ificat ion would be less than 100 tons per year ; or [ V l. 8 .3 .d . The pollutant IS not 1efeFrnd tg in 'i'lis section , Seclion Vl.8 .3 .a .; or .



### 5 CCR 1001-5 V l. 8 .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 requ i rements then in effect, as interpreted by EPA in the memorandum ent itled "I nterim 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 .



### CODE OF COLORADO REGULATIONSIO 20 I I S tate of Co lora do All Rights Rese rv ed 

### 34 CR 21 and 22 , 11-11 Page 147 The following provisions apply to projects at existing emissions units at a major stationary source (other than projects at 

### a source with 

### a PAL) i n circumstances where there is 

### a project that is not 

### a part ofa major modification and the owner or operator elects to use the method specified in Sections 11.A.36. b. (i) through 11.A.36.b. (iii) of this Part D for calculating projected actual emissions. 

### . 5.a. Before beginning actual construction of the project , the owner or shall document and maintain a record ofthe following informatio

1 .8 . 5.a.(i) 

### A description ofthe project ;

. 5.a . (ii) Identification ofthe emissions unit(s) whose e issions ofa regulated NSR pollutant could be affected by th project ; and Vl. B.5.a. · ii) A description of the applicability test use to determine that the p · ect is not a major modification for any ri gulated NSR pollutant , inc ing the baseline actual emissions, t e projected actual emis · ans, the amount ofemissions ex uded under Section II.A. 36. . (iii) of this part , and an exp/a ation for why such amount was exc ded, and any netting calc ations, ifapplicable . Vl.8 . 5.b. If the emissions uni is an existing elect1'C utility steam-generating unit , before beginning actu construction, t owner or operator shall provide a copy ofthe information tout in Sec on V/.B. 5.a. to the Division. Nothing in this Section Vl.B. 5.b. sha e canst ed to require the owner or operator of such 

### a unit to obtain any de rmi tion from the Division before beginning actual construction . Vl. B. 5.c. The owner or operator shall o 'tor the emissions ofany regulated NSR pollutant that could increas as 

### a suit of the project and that is emitted by any emissions unit identifj din Sect n Vl. B. 5. a. (ii) ; and calculate and maintain 

### a record ofth annual emiss ns, in tons peryear on 

### a calendar year basis, for 

### a perio offive years foll ing resumption ofregular operations after the hange, or for 

### a perio of ten years following resumption ofregular operatio s after the change if the roject increases the design capacity orpote ial to emit of that regulated SR pollutant at such emissions unit. Vl.B. 5.d. If the unit· an existing electric utility steam gene ting unit, the owner or operator all submit 

### a report to the Division within · ty days after the end of each ye r during which records must be generated u er Section VI. B. 

### 5 .c. settin out the unit's annual emissions during the ca/en r year that prec ded submission of the report. Vl.B. 5.e. the unit is an existing unit other than an electric utility stea -generating nit, the owner or operator shall submit a report to the Division · the annual emissions, in tons peryear, from the project identified in Section 1.8.5.a. exceed the baseline actual emissions (as documented and mainta · ed pursuant to Section Vl.B. 5. a. (iii)) by 

### a significant amount (as define · n Section 11.A.42. of this part) for that regulated NSR pollutant , and ifsu emissions differ from the preconstruction projection 

### as documented an maintained pursuant to Section V/.B. 5. a. (iii) . Such report shall be submit to the Division within sixty days after the end ofsuch year. The report shat contain the following:



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

### Page 148 Vl. B. 5.e. (i) The name, address and telephone number of the major stationary source; Vl.8. 5.e. (ii) The annual emissions as calculated pursuant to Section Vl.B. 5. c. ; and Vl.B. 5.e. (iii) Any other information that the owner or operator wish include in the report (e .g., an explanation as to why the mi ssions differ from the preconstruction projection) . 6 . The owneroroperatorofthe source shall make the inform ion required to be documented and maintainedpursuant to Section Vl.B. 5 vailable for review

pan request for inspection by the Division or the gen al public. Vl.B .7. A st ionary source or modification may apply the pl icable maximum allow le increases for total suspended particul e matter as in effect on the date of e permit application, in meeti ng the r quirements of Section Vl.A.2 . of this pa if the follow ing requirements are et: Vl.B.7 .a . The owner o operator of the source or edification submitted an appl ication for erm it under Regular n Number 3 before the provis ions for maximum allowa e i ncreases for P 10 took effect; and V l. B .7 . b. The Division determ es that t application as subm itted , before the date ble i reases for PM 10 took effect , was complete . Vl.C . Notice to the U.S . EPA . The Division shall transm it to the Adm · istrator the U . S . EPA a copy of each perm it application relating to a major static ry source o ajor mod ificat ion subject to this regulat ion, and provide notice of e ry action relate to the consideration of such permit. Vl.D . Major Stationary Sources i n a Vl.0 . 1 . For any new majo stationary source or major mod i ation that is proposed to be constructed i n a area designated under Section 107 ) of the Federal Act as



### 5 CCR 1001-5 attainment or classifiable for a particular pollutant an the emissions of such pollutant fro which would significantly affect ambient ai r uality in an area designate as nonatta i nment for such pollutant, the Divisio shall grant a perm it if it determi s that one or both of the following conditions , as we as those i n Section 1 11. D . 1 f Part Band Section VI.A. of this Part D will be met:

. 1 .a . The proposed source or modification will meet the require ents of Sections V.A.1 . and V .A .2 . of this part , and obta in sufficient em ission r ductions of such pollutant in the nonattainment area to offset that portion o ·ts emiss ions of such pollutant that affect the nonattainment area . Offsets may e obta i ned from outside the nonattai nment area as provided in Section V .A .3. th is part ; or Vl.D . 1 . b . The proposed source or modification will ach ieve an emissions rate tha ensure that the emissions of such pollutant from the source or modification will not significantly affect amb ient air quality i n the nonattainment area .



### CODE OF COLORADO REGULATIONS© 20 I I Stale of Colorad o i\ II Rights Rese rved 

### 34 CR 21 and 22, 11-11 Page 1 49 Vl.D .2 . Amb ient air quality will be deemed to be significantly affected if, but for any offsets , the applicable significance level set forth i n the fo ll owing table would be exceeded i n the nonattainment area . TABLE OF SIGNIFICANCE LEVELS Pollutant Averaging Time Annual 24-Hour 8-Hour 3-Hour 1-Hour 

### 1 .0 μg/m 5 μg/m 25 μg/m PM10 1.0 μg/m 5 μg/m PM2 .5 0 .3 μg/m 1.2 μg/m 1 .0 μg/m 

# co 500 μg/m 2000 μg/m

Vl.D .3 . Any new major stationary source or major mod ificat ion subject to this section that w ill emit or cause a net emissions increase in volatile organic compounds or oxides of n itrogen shall demonstrate to the satisfaction of the Division that its emissions wi not affect any ozone nonattainment area or sha l l obtain offsets as required in Sec · n Vl.D.1 ., above . Em ission offsets for PM10 , sulfur diox ide , and carbon monoxide , must

·r quality modeling , a positive net air quality benefit in the portion o e no ttainment area affected by emissions from the proposed sou e or modification . VII . Negligibly Rea 

### ive Volatile Organic Compounds (NRVOCs) 

### V il. A. The negligibly reacti volatile organ ic compounds referenced i he Common Provisions definit ion of negligibly r ctive volatil e organic compounds ar considered to be of neglig ible photochemical reactivity a d are neither counted as reacti volatile organic compounds i n determ i ning volatile organic mpound em ission contrib ions to an increase in ozone nor used as volatil e organ ic compo d emission offsets o other volatile organic compound em ission trading credits against v atile organic co ounds not listed in the common provisions negligibly reactive volatil rganic co ound definition . V ll. B . VIII. Area Classifications 

### VIII.A.

Vl l l.A.2 .a . Black Canyon of the Gunn ison Vl ll.A. 2 .b . Eagle's Nest Vl ll. A.2 .c . Flattops 

### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-5

### Page 150 Vlll.A.2 .d . Great Sand Dunes Vlll.A .2.e . La Garita Vlll.A.2.f . Maroon Bells - Snowmass Vll l. A .2 .g . Mount Zirkel

Vll l. B . All other areas of olorado , unless otherwise specified by Act of Co ress or the Colorado legislature , or the C mission pursuant to Section IX . are designa d Class I I; provided , however that in the fo wing areas as they existed on August 7 , 77 (maps available from the Division) , the increa allowed in sulfur dioxide concentrati s over the basel i ne concentration shall be the ame as the increase established Section 163(b) of the Federal Act for Class I areas , excep that such al lowable increases ay not be allowed if a Federal Land Manager should make adverse impact determin ion under Section Xl l l.C . with which the Division concurs and xcept that such allowa e increases , may be exceeded by compliance with the provisions o ections Xlll.D. , XI . E ., or Xl ll.F .: Vlll.B . 1 . National Monuments Vlll.B . 1 .b . Colorado Vl l l.B . 1 .c. Dinosaur ot included as National Wi lderness

Vlll.B .3. Lands a inistered by the Federal Bureau of Land Managem tin the Gunn ison Gorge ecreation Area as of October 27, 1977 . All areas desig ated C lass II under this ction may be redesignated as provided in Section IX . of thi art . Blac Canyon of the Gunn ison (those portions not included as National Wi ldernes Se ion Vl l l.A.2 .)

he following areas may be redesignated only as Class I or I I. Vlll.C . 1 . An area that exceeds ten thousand acres i n size and is a nat ional monument , a national primitive area , a national preserve , a national recreational area , a national w ild and scen ic river, a national wi ldl ife refuge , a nat iona l lakeshore ; and 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSIO 20 I I State of Co l ora do i\ II Righ ts Reserved 

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

### Page 151

IX. 

### V l l l. C .2 . A national park or national wilderness area established after August 7 , 1977, that exceeds ten thousand acres in size . The Commission recognizes out of state Class I areas that have been listed in the Fed al Register (44 Fed . Reg. 69124) . Em issions from sources in Colorado shall not violate y ndard in these areas . IX.A. Except otherwise provided in this section or Section VIII. of this part , the omm1ss1on may redesigna any area in Colorado as Class I, Class II or Class Ill as herein rovided. The Commissio wil l provide notice to the General Purpose Un it of local gov nment in an area where the ma ·mum allowable increase is being approached . IX.C . The Comm ission sha not set a hearing date on a proposed re have been completed : IX .C . 1 . A complete descri IX .C .2 . IX .C .3 . A prediction of the costs a redesignation; IX .C.4 . IX .C .5 . IX.C.6 . An analys is of the relat' nship of the propose redes ignation with applicable county or regional developm nt plans , i ncluding but no lim ited to , comprehensive area wide plans and 208 wat quality plans. IX.D . ovide sixty day notice prior to a pub other states, Indian g erning bodies and Federal Land Mana rs whose lands may be affected by a propo d redesignat ion, of any proposed redesign ion , and conduct public hearings on such oposed redesignation in or near areas within lorado that may be affected by sue roposed redesignation , including at least one publ heari ng with i n or as near as is pra cable to the area to be redesignated . At least thirty da s prior to any such public heari s, the Commission shall make available for public inspecti a discussion of the reason for the proposed redesignation , including a satisfactory descri tion and ana lys is of the he th , environmental, economic , and societal and energy effects oft proposed redesi ation . The notice announcing any public hearings shall contain appr riate notifi tion of the availability of such discussion . IX . E . P or to the issuance of notice respecting the proposed redesignation of an area tha includes ny federal lands , the Commission shall provide written notice to the appropriate Fed al Land Manager and afford adequate opportunity (not in excess of sixty days) to confer · h the Commission respecting the notice of proposed redesignat ion and to submit written com nts and recommendations with respect to such notice of proposed redesignation . In redesignating any area with respect to which any Federal Land Manager had submitted 

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

### Page 152 written comments and recommendations, the Commiss ion shall pub l ish a list of any inconsistency between such redesignation and such comments and recommendat ions a

n explanation of such incons istency (together with the reasons for making such re signation against the recommendation of the Federal Land Manager) . IX . F. All redes1 ations, except any established by an Indian governing body , s be specifically approved ; ( y the governor , after consu ltation with the appropriate c mittees of the legislature , if it i · session , or with the leadership of the legislature · it is not in session , and (2) by resolutions o rd inances enacted by the genera l purpose its of local government representing a majority the residents of the area to be red gnated . IX .G . IX . H . IX.I. Any redes ignation shall consti ea revision to the Co ado State Implementat ion Plan and shall be submitted for appr al to the Admin istrator of the .S . EPA. IX .J . Any redesignation enial of a proper request for redes ignatio ade pursuant to th is e subject to judicial review in accord with Colora IX . K. Any a other than an area to wh ich Sections VII I. A . or Vlll.C. refer to may b edesignated as ass Ill if any major stationary source or major modification could receive a p it on ly if

e area i n question were redesignated as Class 

### 111 , and any material subm itted as p of that application were ava ilable, insofar as was practicable , for pub l ic inspection prior to publ ic hearing on redesignation of any area as Class Ill. 

### X. Air Quality Limitations X.A. Ambient Air Increments X.A.1 . The max i mum allowable increases over the baseline concentration for sulfur dioxide , PM10, PM2 .5 or nitrogen dioxide except as provided in Section Vlll.B . of this part , are : X .A. 1 .a. For any Class I area : PM2.5 Annual arithmetic mean Twent -four hour max i mum 

### 2 PM10 Annual arithmetic mean 4 Twent -four hour max i mum 

### 8 Sulfur dioxide Annual arithmet ic mean 

### 2 Twent -four hou r maximum 

### 5 Three hour maximum 25 

### Nitro en dioxide Annual arithmet ic mean 2 .5 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSIO 20 I I State of Colorado /\II Righis Res erved 

### 34 CR 21 and 22, 11-11 X.A.1 . b. For any Class II area : PM2.5**μg/m~)** Annual arithmetic mean Twenty-four hour maximum PM10 ua/mJ)

Annual arithmetic mean Twenty-four hour max imum Sulfur dioxide (μg/mJ)

Annual arithmetic mean Twenty-four hour maximum Three hour maximum Nitrogen dioxide Cua/m 3 ) Annual arithmetic mean X .A . 1 .c. For any Class Ill area : PM2.5**ua/m~)** Annual arithmetic mean Twenty-four hour maximum PM10 ua/mJ)

Annual arithmetic mean Twenty-four hour maximum Sulfur dioxide Cua/mJ)

Annual arithmetic mean Twenty-four hour maximum Three hour max i mum Nitrogen dioxide**Cua/m~)** Annual arithmetic mean 

### Page 15 3

4 9 17 30 20 91 512 25

8 18 34 60 40 182 700 50 X.A .2 . The maximum allowable increases over the baseline concentration for any other air pollutant shall be the same as those increases established pursuant to Section 165(a) of the Federal Act.

X.A.4 . For any period other than an annual period, the applicable max imum allowable increase may be exceeded during one such period per year at any one locali

X .A.4 . b . If the Commission co rs that the is cause to bel ieve that an increment is being violated , it I hold a heari ng to ermine whether an increment violation exis . The heari ng shall be held p ant to the procedures of Colo rad evised Statute Section 25 -7-119 . No cla ail to permitted sources that can be reasonab · entified as emitting

e pollutant in violation and affecting the area of violation . .A.4 .c . Should the Commission determine that an increment violation exist , e Division shall review all sources affecting the area of increment vio lation 

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### Page 154

ensure that all such sources comply with all applicable permit conditions. and state and local regulations . Within thirty days after completing such a review the Division shall recommend revisions , if necessary , to the Commission to correct the violation. Upon receipt of recommended revisions from the Division, the Comm ission shall as soon as practicable act to revise this regulation as it deems necessary . ncrement Consumption Restriction

.a. No new maj or stationary source or major modification shall i mvidually consume more than seventy-five percent of an applicable i crement . X.A.5 .a .(1 Applicants may request a hearing before the Comm · sion to request a wa er of this restriction . The heari ng shall be heard ·n accordance with the provi ·ons of Colorado Revised Statute Sections 2 -7-114 (4)(h) , 25-7-119 (Colora o Air Pollution Prevention and Control ), and Colorado Revised Statute 2 4-105 (State Administrat ive Proced e Act) .

XI. Exclusions From Increment Co XI.A. The following concentrations allowable i ncrease : Xl.A.1 . Concentrations ttributable to the increase in emissions om stationary sources that have convert from the use of petroleum products , natur gas , or both by an order in effect un r Sections 2(a) and (b) of the federal "Energy pply and Environm ntal Coordination Act of 1974" (or any superseding gislation) over the em issio s from such sources before the effective date of such a order, but not more than fi e years after the effective date of such an order. Xl.A .2 . C ncentrations attributable to the increase i n emissions from sources at have



### 5 CCR 1001-5 onverted from using natural gas by reason of a natural gas curtailment an i n effect pursuant to the Federal "Power Act" over the emissions from such source efore the effective date of such plan , but not more than five years after the effective d e of the plan . Concentrations of particulate matter attributable to an i ncrease in em iss ions from construction or other temporary emission - related activities of new or modified sources .



### CODE OF COLORADO REGULATIONSC 20 I I S1a1e of Colorado All Rights Reserved 

### 34 CR 21 and 22, 11-11 Page 155 Xl.A.4 . Concentrations attributable to the temporary increase in emissions of sulfur dioxide, or particulate matter, or nitrogen oxides from stationary sources that are affected by revisions of the Colorado State Implementation Plan that are approved by the Administrator of the U.S . EPA and that provide: Xl.A.4 .a . The time period of such temporary increase in emissions is not ren and may not exceed two years in duration, unless a longer time is pproved by the Division and the U .S . EPA ;

.A.4 .b . Such temporary increase in emissions shall not impact a C ss I area or an area where an applicable increment is known to be violate or cause or contribute to the violation of a national ambient air qualit standard; and Xl.A.4 .c . mission limitations shall be in effect at the end oft e time period specified in e plan revision that will ensure that the emissi s levels from stationary sou es affected by the plan revision will not exc d those levels occurring from s ch sources before the plan revision wa pproved by the U .S. EPA. XII. Innovative Control Tech 

### XII.A . An owner or operator of a pro sed major stationary so rce or major modification otherwise subject to the requirements of S lion VI. of this Part may request the Division to grant a waiver from the Best Available Co trol Technology r. 

### quirements and to approve a system of innovative control technology, in or r to encoura the use of such technology . Xll .B . The Division or the Commission may, w the onsent of the governor(s) of other affected states, grant a waiver from the Best Avail I Control Technology requirements of Section Vl.A.1 . of this part necessary for the empl ent of innovative control technology and determine that the source or modificatio ma mploy such system if: Xll.B . 1 . The proposed control syste would not c se or contribute to an unreasonable risk to public health, welfare, o safety in its ope tion or function ; Xll.B.2 . The owner or operator grees to achieve a leve of continuous emissions reduction greater than or equiv. lent to that , which would h e been required under Section Vl.A.1 . by a dates ecified by the Division . Such d e shall not be later than four years from the ti e of startup or seven years from pe it issuance; Xll.B .3 . The source modification would meet the requirements f Sections Vl.A.1 . and Vl.A.2. bas don the emissions rate that the stationary sou e employing the system of in nova · e control technology would be required to meet o the date specified by the Div· ion ; Xll.B.4 . Th source or modification would not , before the date specifi ed by S ction Xll . B .2 . , above; Xll.B.4 .a . Cause or contribute to any violation of an applicable national a quality standard ; or Xll.B.4 .a .(i) Impact any area where an applicable in crement is known to be vio or Xll.B .5 . All other applicable requirements including those for public participation have been met . 

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

### Page 156

Xll.D . Xll.B .6 . The provisions of Section VIII. of this part (relati ng to Class I areas) have been · satisfied with respect to all periods during the life of the source or mo. d ification . e Division shall withdraw any approval to employ a system of innovative control tech under this section , if : proposed system fails by the specified date to achieve the requir emi ions reduct ion rate ; or Xll.C .2 . The propo d system fails before the specified date so as to unreasonabl ·sk to public health , welfare, or safety ; or Xll.C .3 . The Division decide at any time that the proposed stem is unlikely to ach ieve the Ith , welfare , or safety .

XIII. Federal Class I Areas XII I .A. With in twenty days of rec · t of a perm it application for a ne major modification that ay affect visib i lity or air quality related lues in any Federal Class I area , the Division s I transmit a copy of the application to all affe d Federal Land Managers and c suit with them as to its completeness in its ana lysis nd monitoring (if required) of ai uality related values. If the Division receives advance n 'fication of a perm it appl ication a source that may affect visibility or air quality related values , wi ll not ify all affected ederal Land Managers within thirty days of such notification . The Di · ion w i ll consi r any analysis performed by a Federal Land Manager that indicates there ·11 be an a rse impact on v isibility or air quality related values if such analys is is rece ived w i n

irty days after the Federal Land Manager rece ives a copy of the complete app li cation . f the Division disagrees w ith the Federal Land Manager, any noti . ces for public comment or of a public hearing on the application will explain the disagreement or state where the explanation can be obtained . Xl ll. B . In addition to the general impact analys is required by Section Vl.A.6 . of th is part , any source that w i ll have or is like ly to have an impact on any des ignated Class I area may be required to conduct monitoring to establish the condition of and the impact on air quality re lated values in such Class I area(s) both prior to complet i ng an application for a permit to construct and duri ng the construction and operation of such source . Xlll.B.1 . If monitoring is required , the source shall conduct a private monitoring program .



### 5 CCR 1001-5 However , if mon itoring is being conducted by any other existing source or government agency, the new source may enter i nto a joint monitoring program with that source or agency . All monitoring programs must be approved in advance by the Division .



### CODE OF COLORADO REGULATIONS0 20 I I S tate of Colorado /\II Rights Reserved 

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

### 156.1 Xl l l.B .2 . Pre-application monitoring may include the monitoring of not more than three air quality related values or sensitive receptors of air qua l ity related values specified by the Div ision after consultation with the Federal Land Manager. The air quality related values or sensitive receptor(s) selected must be important to the affected Class I area , and there must be cause to believe that monitori ng of the ai r qual ity related values or sensitive receptors w i ll provide a basis for evaluat i ng effects to the re levant ai r quality related values. Xl l l.B .3 . Monitoring duri ng construct ion and operation may only be required for the sensit ive receptors spec ified for pre-application mon itoring , unless new i nformation becomes available that demonstrates a significant econom ic or technological advantage of monitoring a different sensitive receptor , and it is acceptable to the source owner or operator. Xl l l.B.4 .Mon itoring of air quality related values or sensitive receptors of air quality related va l ues may only be required if: XI I I.BA .a . Monitoring methods are reasonab ly ava i lable and research and development of monitoring methods are unnecessary ; X l ll.B.4 . b . The major effect on the air qual ity related values or sens itive receptor would reasonably be pred icted to be a result of the applicant's ind ividual emiss ions or of the applicant's emiss ions i n combination with any person's emissions with whom the applicant may be required to conduct jo i nt monitoring ; and Xl l l.B.4 .c . It is economically reasonab le for the source to conduct such monitoring .



### CODE OF COLORADO REGULATIONS 5 

### CCR 1001 -5Page 156 .2 Xll l. D . Class I Variances . The owner or operator of a proposed major stationary source or major modificat ion may demonstrate to the satisfaction of the Federal Land Manager that the emissions from such source or modification would not have an adverse impact on the air quality related values (including visibility) of Class I lands under the Federal Land Manager's jurisdiction, notwithstanding that the change in air qual ity resulting from emissions from such source or modification would cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area . If the Federal Land Manager concurs with such demonstration and so certifies to the Division , the Division or the Commission may , provided that applicable requirements are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emiss ions of sulfur dioxide , and PM10, PM2 .5 and nitrogen oxides would not exceed the following maximum allowable increases over the minor source basel i ne concentration for such pollutants . 

### Maximum allowable increase Particulate matter PM2 .5 , Annual arithmetic mean 4 ua/mJ PM2.5 , Twenty-four hour maximum 9 ua/mJ

PM10, Annual arithmetic mean 17 ua/mJ PM10, Twenty-four hour maximum 30 ua/m J Sulfur dioxide 20 μg/m J Annual arithmet ic mean 91 μg/mJ Twentv-four hour max imum 325 μg/mJ Three hour maximum N itroqen dioxide 25 μg/mJ Annual arithmetic mean Xlll.E . 1 . wner or operator of a proposed major stationary source or that can

Xlll.E .2 .The go or, after consideration of the Federal Land Man 's recommendation (if



### 5 CCR 1001-5 and subject to his concurrence, may grant, after notice and a public hearing, a variance from such maximum allowable increase .



### CODE OF COLORADO REGULATIONS