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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 for 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 per year, and for 'djusting this 

amount if required 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 of such unit shall equal zero; and there er, for all other 

purposes, hall equal the unit's potential to emit (as efined in Section 1.8.35. 

of Part 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 utility steam enerating units in accordance 

with the procedu contained in Section II. .4.a., for other existing 

emissions units in a ordance with the pri edures contained in Section 

11.A.4.b .. and for a ne emissions unit in ccordance with the procedures 

contained in Section II. 4.c. 

11.A.5. Baseline Area 

11 .A.5.a. Any intrastate area (and eve rt thereof) designated as attainment or 

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

which the major source or m 1or odification establishing the minor source 

baseline date would constr ct or w Id have an air quality impact for the 

pollutant for which the ba eline date established, as follows: equal to or 

greater than one micro am/cubic met (1 μg/m3) (annual 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 (iii) of the Federal Act 

cannot interse or be smaller than the area of 1 pact of any major stationary 

source or ma· r modification that: 

11.A.5.b.(i) ~tablishes a minor source baseline date, r 

11 .A.5 .. (ii) Is subject to this Part D, and would be cons! 

state as the state proposing the redesignation . 

baseline area established originally for the total suspen d particulate 

· crements shall remain in effect and shall apply for purposes determining 

the amount of available PM10 increments, except that such bas ine area 

shall not remain in effect if the permit authority rescinds the corre onding 

minor source baseline date in accordance with Section 11.A.25.c. 

aseline Concentration 

The mbient concentration level that exists in the baseline area at the time of the applicabl 

mi or sourcf' baseline date. A baseline concentration is determined for each pollutant for 

ich a minor source baseline date is established and shall include: 

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 existence 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 following 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 of physical on-site cons ction activities on an e issions unit that are of a 

permanent nature. Such activities elude, but are not r ited to, installation of building 

supporls and foundations, laying of u derground pipe ork, and construction of permanent 

storage structures. With respect to a c ange in the ethod of operation, 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 into acco t energy, envir mental, and economic impacts and 

other costs, determines is achieva e for such source o modification through application 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 emissions 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 incorporate by reference in 

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

Information as tot e availability of such standards may be obtained fro the Director, Air 

Pollution Control ivision, Colorado Department of Public Health and Env onment, 4300 

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

If the Divisi n or Commission determines that technological or economic limitat ns on the 

applicati of measurement methodology to a particular emissions unit would ma e the 

imposit' 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 pplication of best available control technology. Such standard shall, to the degre 

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

quipment, work practice or operation and shall provide for compliance by means that 

achieve equivalent results. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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11.A.22.d.(viii)(A) The Colorado State Implementation Plan, and 

11.A.22.d.(viii)(B) Other requirements 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 basis . 

. 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 

11.A.22.f. Emissions caused by indire s urces of pollution, emissions from internal 

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 will 

Emissions from on-goi construction re not considered to be temporary 

emissions, and are in uded in determi · g whether a major modification will 

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 

in calcula · g the potential to emit of the modificatio 

11.A.23.a. I the case of PM10 and sulfur dioxide, 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 determining 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 air 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 more than 

million British thermal units per hour heat input 

.24.a.(i)(B) Coal cleaning plants (with thermal 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) Fossil fuel boilers (or combinations thereof) tot ng 

more than 250 million British thermal units per hour hea input 

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

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11.A.24.a.(i)(X) Taconite 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 affecting 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 emits, 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 ambient 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 emit n undred tons per year or more of that 

pollutant. The source will be con ered to cause or contribute to a violation 

where the source exceeds the · ni ance levels in 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 in 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 this 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), 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 ongoing construction 

are not considered to be temporary emissions and are included in 

determining whether a major modification will occur. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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.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 in which the proposed ource or modification would 

constr tis designated as attainment r unclassifiable under 

Sections 107(d)(1 )(A(ii) or (iii) of the ederal 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 significant net emissions increase of 

the pollutant. 

established originally for the Total 

Suspended Particulates incr, me s shall 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 emissions increase 

from the major statio ary source, or the et emissions increase from the 

major modification esponsible for triggen that date did not result in a 

significant amou of PM10 emissions. 

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 following 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 in actual emi 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. 

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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 
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11.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. 

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 

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. 

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

General ly, 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 . 

. 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 Modification 

Notwithstanding Sections II. 2 and /l.A.26. of this Part D (the finitions 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. 

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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 per year, 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. 

11.A.35. Project 

existing major stationary 

source. 

11.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 of th five ye (twelve-month period) following the date 

the unit resumes regular o rati after the project, or in any one of the ten 

years following that date, if t roject involves increasing the emissions 

unit's design capacity or its p ntial to emit of that 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 of the 

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 activity a the company's highest 

ojections of business activity, 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 calculating any increase in emiss1 ns that 

results from the particular project, that portion of the 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. of this part and 

that are also unrelated to the particular project, including any 

increased utilization due to product demand growth; or, 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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11.A.36.b.(iv) In lieu of using the method set out in Sections 11.A.36.b.(i) 

through 11.A.36.b.(iii), may elect to use the emissions unit's potenti 

to emit, in tons per year, as defined in Section l.B.37. of Part Ao this 

regulation. 

eactivation of Very Clean Coal-fired Electric Utility Steam Generating Unit 

Any physic 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 Air Act Amendments of 1990, and the emis · ns from such unit 

contin e to be carried in the permitting 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 emissions 

control that a ieves a removal efficiency for ulfur dioxide of no less than 

eighty-five perc nt and a removal efficienc or particulates of no less than 

ninety-eight perc t; 

11.A.37.d. Is otherwise in complian 

rners prior to the time 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 quality 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 volatile organic com und are precursors 

to ozone; 

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

11.A.38.c.(i ii) Nitrogen 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 Federal Act; 

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

as defined in Section 1. 8.44. or Part A; 

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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 

constituent or precursor of a general pollutant listed under Section 1 of the 

Federal Act. 

.g. Particulate matter (PM) emissions, 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 in establishing emission limitations for PM , 

PM2. and PM10 in PSD permits. Compliance withe 1ssion limitations 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 conditions 

of the per · or the applicable implementation pl . Applicability 

determinatio made prior to this date without counting for condensable 

particulate ma r shall not be considered in v· lation of this section. 

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 design 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 , or permanently 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 boiler with one of the llowing clean 

coal technologies: atmospheric or pressurized fluidized bed co bustion, 

integrated gasification combined cycle, magnetohydrodynamics , 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 technologies, and any other techno gy 

capable of controlling multiple combustion emissions simultaneously w1 

improved boiler or generation efficiency and with significantly 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 134 

11.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, 19 

by the Department of Energy. 

epresentative Actual Annual Emissions 

· crease in emissions that results from the 

particular physical change o c nge in the method of operation at an electric 

utility steam generating u , that rtion of the unit's emissions 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 particular change, including any 

increased utiliz ion due to the rate of elect · ity demand growth for the utility 

ole. 

Emissions 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 modificati 

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 train, or from a vessel. 

11.A.42. Significant 

5 CCR 1001-5 

11.A.42.a. Unless the context otherwise requ ires, 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 

oer year of PM 10 emissions 

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34 CR 21and22, 11-11 Page 135 

PM10 - Precursors in the Denver Metropolitan PM10 attainmenVmaintenance 

area: 40 tons per year for each individual precursor (nitrogen oxides or sulfur 

oxides) 

PM2.5: 10 tons per year of direct PM2.5 emissions; 40 tons per year of sulfur 

dioxide emissions; or 40 tons per year of nitrogen dioxide emissions 

Ozone: 40 tons per year of volatile organic compounds or nitrogen oxides 

Lead: 0.6 tons per year 

Fluorides: 3 tons per year 

Sulfuric acid mist: 7 tons per year 

Hydrogen sulfide: 10 tons per year 

Total reduced sulfur (including hydrogen sulfide): 10 tons per year 

Reduced sulfur compounds (including hydrogen sulfide): 10 tons per year 

Municipal Waste Combustor Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams 

per year (3.5 x 10-6 tons per year) 

Municipal Waste Combustor Metals (measured as particulate matter): 14 

megagrams per year (15 tons per year) 

Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and 

hydrogen chloride): 36 megagrams per year (40 tons per year) 

Municipal Solid Waste Landfill Gases (measured as non-methane organic 

compounds): 45 megagrams per year (50 tons per year) 

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 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). 

An emission <> 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 
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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 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. 

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 which 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 electronic 

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 air 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: 

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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 ; 

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 submit 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 Commission 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 permit 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 permit 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 hearing 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 Air Quality Control Commission and the State Administrative Procedure Act, 

Colorado Revised Statutes, Section 24-4-101 et seq. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 111.0.1. of Part B of this regulation, will be met: 

he proposed source will achieve the lowest achievable emission rate for th 

ory. 

V.A.2. 

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. 

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 emissions 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 nonattainment area for ozone - at least 

1.5:1. 

V.A.3.a.(i i) For all areas within an ozone transport region 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. 

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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 Air 

Quality Standards when considered in connection with other new and 

existing sources of emissions. In addition, offsets for PM10,PM2.5, sulfur 

oxides, and carbon monoxide must show, through atmospheric modeling, a 

positive net air quality benefit in the area affected by the emissions. 

Provided, however, that offsets meeting the requirements of this Section 

V.A.3. may also be obtained from existing sources outside the nonattainment 

area if the applicant demonstrates: 

V.A.3.b.(i) A greater air quality benefit may thus be achieved, or sufficient 

offsets are not available from sources within the nonattainment area; 

and 

V.A.3.b.(ii) The other area has an equal or higher nonattainment 

classification than the area in which the source is located; and 

V.A.3.b.(iii) Emissions from such other area contribute to a violation of the 

National Ambient Air Quality Standard in the nonattainment area in 

which the source is located. 

V.A.3.b.(iv) With respect to offsets obtained from outside the nonattainment 

area, the 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 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. 

ffsets for which emission reduction credit is taken must be enforceable thr 

perm ditions or source specific state implementation plan revi · 

V.A.6. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 140 

5 CCR 1001-5 

performed using either techniques described in the latest version 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 limitation 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 of a 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 con st 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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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 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 per year on a calendar year basis, for a pe · d of 

five years following resumption of regular 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 or potential 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 calendar year 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 per year, 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 if such emissions differ from the 

preconstruction p · ctio as documented and maintained pursuant 

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 Seer n V.A. 7.c.(iii); and 

.(v)(C) Any other information th the owner or operator wishes to include in the report (e.g. , explanation as to why the 

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 will 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 
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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 available 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 otherwise allow. 

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 Division all grant a permit if it determines th the following requ irements, 

in addition 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 apply Best Availabl 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 

significant net emissions increase at the source. This requirement ap ·es 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. 

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

modification I demonstrate to the Division that allowab ission increases from 

the pr ed source or modification in conjunction with all other licable emissions 

i ases or reductions (including secondary emissions) will not cause contribute 

to concentrations of air pollutants in the ambient air in violation of either Sec · 

Vl.A.2.a. orb., as clarified for any relevant air pollutant. in Section Vl.A.2.c.: 

Vl.A.2.a. Any state or national ambient air quality standard in any baseline area or air 

quality control region; or 

Vl.A.2.b. Any applicable maximum allowable increase 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 stationary source al e or from 

the modification alone would cause, in all areas, air quality im cts less than 

e following amounts: 

Pollutant 

PM2.5 

Vl.A.3. Pre-construction Monitoring 

Vl.A.3.b. With respect t ny such regu lated polluta for which no national ambient 

air quality st Clard exists and for which there an acceptable method for 

the monit ng of that pollutant, the analysis shal ontain such air quality 

monitor" g data as the Division determines are nee ary to assess ambient 

lily for that pollutant in any area that emissions that pollutant would 

ct. 

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

standard does exist, the analysis shall contain continuous air quail 

monitoring data gathered for purposes of determining whether emiss1 

that pollutant would cause or contribute to a violation of the applicable 

standard or any maximum allowable increase. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 air quali 

values required by Section Xlll.B. of this part, shall have been ered over 

eriod of one year and shall represent the year precedin ceipt of the 

app · lion, except that, if the Division 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 

modification of volatile anic co unds who satisfies all conditions of the 

Code of Federal lations Title 40, 51 , Appendix S, Section IV. (but 

not includin dilions resulting from amen ents after July 1, 1991 and 

not incl · g Section IV. B. of Appendix S) may p ide post-approval 

mo · ring data for ozone in lieu of providing pre-cons tion data as 

equired under Section Vl.A.3.a. (Information on obtaining Code of 

Federal Regulations Title 40, Part 51 , Appendix S, Section IV. is ailable 

from the Director, Air Pollution Control Division, 4300 Cherry Creek 

South, Denver, Colorado, 80246-1530.) 

Vl.A.4. Post-Construction Monitoring. At its discretion, the Division may require that the 

owner or operator of a major stationary source or major modification conduct postconstruction ambient monitoring for a period up to one year. The Division may also 

require additional monitoring beyond the one year period if such monitoring is 

necessary to determine the effect emissions from the stationary source or 

modification have, or may have, on air quality in any area. The monitoring of air 

quality related values or sensitive receptors required by Section Xll l.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. 

Operation of Monitoring Stations. The owner or operator of a major stationary so 

or major modification shall use the U.S. EPA accepted procedures for ambie 

m itoring as approved by the Division during the operation of monitorin ations for 

purpo of satisfying the requirements of Sections Vl.A.3. and VI. ., above. 

Vl.A.6. Additional Imp 

Federal Act, and fo hich the source or modification 

amounts (as defined in 

significant net emissions inc 

The owne r operator shall provide an analysis of the air quality impact projecte or the 

area a result of general commercial, residential, industrial and other growth assoc 

· the source u modification. 

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Applicability of Certain PSD Requirements. 

The requirements of Section VI.A. do not apply to a major stationary source or 

modification with respect to a particular pollutant if the owner or operator 

demonstrates that, as to that pollutant: 

Vl.8.1.a. The source or modification is subject to Part 3 of the Act and S 

this part, and the source or modification would not impact any 

designated as attainment or unclassifiable for that pollutant; 

1.b. The emissions from the source or modification 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 Vl.A.4. of this part do not 

apply: 

Vl.B.2.a. To a roposed major stationary source or m · r modification with respect to 

a pa 1cular pollutant, if the emissions would be m a temporary source, 

m ification or activity, such as construction or ex loration, and would not 

ve an impact on air quality 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 

modification of a major stationary source that was in existe e on March 1, 

1978, if the net increase in allowable emissions of each pollu nt subject to 

regulation , excluding GHG, under the Act from the modification fter the 

application of best available control technology would be less tha fifty tons 

per year. 

The Division may exempt a proposed major stationary source or major modifica ·on 

from the requirements of Sections Vl.A.3. through Vl.A.5. of this part, with respec o 

monitoring for a particular pollutant if: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 146 

Vl.8.3.a.(ii) Nitrogen dioxide - 14 μg/m3

, annual average; 

Vl.8.3.a.(iii) Particulate Matter - PM10 -- 10 μg/m3

, 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/m3

, 24-hour average; 

Vl.8.3.a.(v) Lead - 0.1 μg/m3

, 3-month average; 

Vl.8.3.a.(vi) Fluorides - 0.25 μg/m3

, 24-hour average; 

Vl.8.3.a.(vii) Total reduced sulfur - 10 μg/m3

, 1-hour average; 

Vl .8 .3.a.(viii) Hydrogen sulfide - 0.2 μg/m3

, 1-hour average; 

Vl.8.3.a.(ix) Reduced sulfur compounds - 10 μg/m3

, 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 modification would 

be less than 100 tons per year; or 

[ Vl.8 .3.d. The pollutant IS not 1efeFrnd tg in 'i'lis section, Seclion Vl.8.3.a.; or. 

5 CCR 1001-5 

Vl. 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 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. 

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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 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 of the following informatio 

1.8 .5.a.(i) A description of the project; 

.5.a. (ii) Identification of the emissions unit(s) whose e issions of a 

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 of emissions 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, if applicable. 

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 of the 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 of any 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 of th annual emiss ns, in tons per year on a calendar 

year basis, for a perio of five years foll ing resumption of regular 

operations after the hange, or for a perio of ten years following resumption 

of regular operatio s after the change if the roject increases the design 

capacity or pote 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 per year, 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 if su 

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 of such year. The report shat 

contain the following: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 missions 

differ from the preconstruction projection). 

6. The owneroroperatorofthe source shall make the inform ion required to be 

documented and maintained pursuant 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 plicable maximum 

allow le increases for total suspended particul e matter as in effect on the 

date of e permit application, in meeting the r quirements of Section Vl.A.2. 

of this pa if the following requirements are et: 

Vl.B.7.a. The owner o operator of the source or edification submitted an 

application for ermit under Regular n Number 3 before the provisions for 

maximum allowa e increases for P 10 took effect; and 

Vl.B.7.b. The Division determ es that t application as submitted , before the date 

ble i reases for PM 10 took effect, was complete. 

Vl.C. Notice to the U.S. EPA. 

The Division shall transmit to the Adm· istrator the U. S. EPA a copy of each permit 

application relating to a major static ry source o ajor modification subject to this 

regulation, and provide notice of e ry action relate to the consideration of such permit. 

Vl.D. Major Stationary Sources in a 

Vl.0.1. For any new majo stationary source or major modi ation that is proposed to be 

constructed in 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 air uality in an area 

designate as nonattainment for such pollutant, the Divisio shall grant a permit if it 

determi s that one or both of the following conditions, as we as those in Section 

111. 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 obtain sufficient emission r ductions of 

such pollutant in the nonattainment area to offset that portion o ·ts emissions 

of such pollutant that affect the nonattainment area. Offsets may e obtained 

from outside the nonattainment area as provided in Section V.A.3. th is 

part; or 

Vl.D.1.b. The proposed source or modification will achieve an emissions rate tha 

ensure that the emissions of such pollutant from the source or modification 

will not significantly affect ambient air quality in the nonattainment area. 

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Vl.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 

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 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 wi not 

affect any ozone nonattainment area or shall obtain offsets as required in Sec · n 

Vl.D.1 ., above. 

Emission offsets for PM10 , sulfur dioxide, 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) 

Vil.A. The negligibly reacti volatile organic compounds referenced i he Common Provisions 

definition of negligibly r ctive volatile organic compounds ar considered to be of negligible 

photochemical reactivity a d are neither counted as reacti volatile organic compounds in 

determining volatile organic mpound emission contrib ions to an increase in ozone nor 

used as volatile organic compo d emission offsets o other volatile organic compound 

emission trading credits against v atile organic co ounds not listed in the common 

provisions negligibly reactive volatil rganic co ound definition. 

Vll.B. 

VIII. Area Classifications 

VIII.A. 

Vl ll.A.2.a. Black Canyon of the Gunnison 

Vl ll.A.2.b. Eagle's Nest 

Vl ll.A.2.c. Flattops 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 II; 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 baseline 

concentration shall be the ame as the increase established Section 163(b) of the Federal 

Act for Class I areas, excep that such allowable increases ay not be allowed if a Federal 

Land Manager should make adverse impact determin ion under Section Xl ll.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 Xlll.F.: 

Vlll.B.1. National Monuments 

Vlll.B.1.b. Colorado 

Vl ll.B.1.c. Dinosaur 

ot included as National Wilderness 

Vlll.B.3. Lands a inistered by the Federal Bureau of Land Managem tin the Gunnison 

Gorge ecreation Area as of October 27, 1977. All areas desig ated Class II under 

this ction may be redesignated as provided in Section IX. of thi art. 

Blac Canyon of the Gunnison (those portions not included as National Wildernes 

Se ion Vl ll.A.2.) 

he following areas may be redesignated only as Class I or II. 

Vlll.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 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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IX. 

Vlll.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). Emissions 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 Commission 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 analysis of the relat' nship of the propose redesignation with applicable county 

or regional developm nt plans, including but no limited 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 redesignation, 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 hearing with in 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 analysis 

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 redesignation 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 
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written comments and recommendations, the Commission shall publish a list of any 

inconsistency between such redesignation and such comments and recommendations a 

n explanation of such inconsistency (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 consultation 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 general purpose its of local government 

representing a majority the residents of the area to be red gnated. 

IX.G. 

IX.H. 

IX.I. Any redesignation shall consti ea revision to the Co ado State Implementation Plan and 

shall be submitted for appr al to the Administrator of the .S. EPA. 

IX.J. Any redesignation enial of a proper request for redesignatio ade pursuant to th is 

e subject to judicial review in accord with Colora 

IX.K. Any a other than an area to which 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 only if 

e area in question were redesignated as Class 111 , and any material submitted as p of 

that application were available, insofar as was practicable, for public inspection prior to 

public hearing on redesignation of any area as Class Ill. 

X. Air Quality Limitations 

X.A. Ambient Air Increments 

X.A.1 . The maximum 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 maximum 2 

PM10 

Annual arithmetic mean 4 

Twent -four hour maximum 8 

Sulfur dioxide 

Annual arithmetic mean 

2 

Twent -four hour maximum 5 

Three hour maximum 25 

Nitro en dioxide 

Annual arithmetic mean 2.5 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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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 maximum 

Sulfur dioxide (μg/mJ) 

Annual arithmetic mean 

Twenty-four hour maximum 

Three hour maximum 

Nitrogen dioxide Cua/m3

) 

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 maximum 

Nitrogen dioxide Cua/m~) 

Annual arithmetic mean 

Page 153 

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 maximum 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 believe that an increment is 

being violated, it I hold a hearing to ermine whether an increment 

violation exis . The hearing 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 violation 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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ensure that all such sources comply with all applicable permit conditions. and 

state and local regulations. Within thirty days after completing such a review 

the Division shall recommend revisions , if necessary, to the Commission to 

correct the violation. Upon receipt of recommended revisions from the 

Division, the Commission shall as soon as practicable act to revise this 

regulation as it deems necessary. 

ncrement Consumption Restriction 

.a. No new major 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 hearing 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 Administrative Proced e Act). 

XI. Exclusions From Increment Co 

XI.A. The following concentrations 

allowable increase: 

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 

emissio 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 in emissions from sources at have 

5 CCR 1001-5 

onverted from using natural gas by reason of a natural gas curtailment an in 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 increase in emissions from 

construction or other temporary emission-related activities of new or modified 

sources. 

CODE OF COLORADO REGULATIONS 
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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 specified 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 increment 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 
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Xll.D. 

Xll.B.6. The provisions of Section VIII. of this part (relating to Class I areas) have been 

· satisfied with respect to all periods during the life of the source or mo.dification. 

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 reduction 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 achieve the 

Ith , welfare, or safety. 

XIII. Federal Class I Areas 

XIII.A. Within twenty days of rec · t of a permit application for a ne 

major modification that ay affect visibility 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 analysis nd monitoring (if 

required) of ai uality related values. If the Division receives advance n 'fication of a permit 

application a source that may affect visibility or air quality related values , will notify all 

affected ederal Land Managers within thirty days of such notification. The Di · ion will 

consi r any analysis performed by a Federal Land Manager that indicates there ·11 be an 

a rse impact on visibility or air quality related values if such analysis is received w in 

irty days after the Federal Land Manager receives a copy of the complete application. f the 

Division disagrees with 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 analysis required by Section Vl.A.6. of this part, any source 

that will have or is likely to have an impact on any designated Class I area may be required to 

conduct monitoring to establish the condition of and the impact on air quality related values in 

such Class I area(s) both prior to completing an application for a permit to construct and 

during 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 monitoring is being conducted by any other existing source or 

government agency, the new source may enter into a joint monitoring program with 

that source or agency. All monitoring programs must be approved in advance by the 

Division. 

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34 CR 21 and 22, 11-11 Page 156.1 

Xl ll.B.2.Pre-application monitoring may include the monitoring of not more than three air 

quality related values or sensitive receptors of air quality related values specified by 

the Division 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 monitoring of the air quality related 

values or sensitive receptors will provide a basis for evaluating effects to the relevant 

air quality related values. 

Xl ll.B.3.Monitoring during construction and operation may only be required for the sensitive 

receptors specified for pre-application monitoring , unless new information becomes 

available that demonstrates a significant economic or technological advantage of 

monitoring a different sensitive receptor, and it is acceptable to the source owner or 

operator. 

Xl ll.B.4. Monitoring of air quality related values or sensitive receptors of air quality related 

values may only be required if: 

XI II.BA.a. Monitoring methods are reasonably available and research and 

development of monitoring methods are unnecessary; 

Xlll.B.4.b. The major effect on the air quality related values or sensitive receptor 

would reasonably be predicted to be a result of the applicant's individual 

emissions or of the applicant's emissions in combination with any person's 

emissions with whom the applicant may be required to conduct joint 

monitoring; and 

Xl ll.B.4.c. It is economically reasonable for the source to conduct such monitoring. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 156.2 

Xll l.D. Class I Variances. The owner or operator of a proposed major stationary source or major 

modification 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 quality 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 emissions of sulfur dioxide, and PM10, PM2.5 

and nitrogen oxides would not exceed the following maximum allowable increases over the 

minor source baseline 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/mJ 

Sulfur dioxide 

20 μg/mJ 

Annual arithmetic mean 

91 μg/mJ 

Twentv-four hour maximum 

325 μg/mJ 

Three hour maximum 

Nitroqen 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