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33 CR 22 and 23, 11-10 Page 1 

* Underlin twill be effective until the U.S. EPA approves the italicized text for inco 

PART A 

Implementation plan 

CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING 

I. Applicability 

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

otherwise provided herein. 

The pottions of Regulation Number 3 printed in italics are not effective until the date on which the 

U.S. EPA promulgates a final rule adopting the revisions to Regulation Number 3 as a permanent patt 

of the state implementation plan. 

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

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

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

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

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

pollutants that are subject only to the Part 8 Construction Permit Program may voluntarily apply for an 

Operating Permit pursuant to Part C. 

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

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

reasonable cost from the Technical Secretary of the Air Quality Control Commission (the 

Commission), 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined 

at the State Publications Depository and Distribution Center. Materials incorporated by reference are 

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

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

materials. 

. 11) Identifies a change in the nam , dress, or phone number 

of any person identified in the permit, or prov1 

administrative change at the source; 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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1.8.2. 

1.8.3. 

1.8.1.a.(iii) Requires more frequent monitoring or reporting by the 

permittee; 

1.8.1.a.(iv) Allows for a change in ownership or operational control of 

source where the Division determines that no other change in th 

permit is necessary, provided that a written agreement containi g a 

specific date for transfer of permit responsibility, coverage, a 

liability between the current and new permittee has been s milted 

to the Division; 

.b. An administrative permit amendment for purposes of the acid in portion of 

a permit shall be governed by regulations promulgated und Title IV of the 

Federal Act, found at Code of Federal Regulations Title 4 , Part 72. 

As a term used in the context f regulating hazardous air p lutants, any significant and 

widespread adverse effect, that ay reasonably be antic' ated, to wildlife, aquatic life, or 

other natural resources, including dverse impacts on pulations of endangered or 

threatened species or significant de radation of envir nmental quality over broad areas. 

1.8.4. Affected States 

All states whose air quality may be affecte 

permit modification, or operating permit ren al and that are contiguous to Colorado; and/or 

all states that are within fifty miles of a per. itt. 

1.8.5. Affected Unit 

A unit that is subject to any acid r · emissions reduct1 n requirement or acid rain emissions 

limitation pursuant to Title IV of e Federal Act or regul ·ans promulgated there under, in the 

Code of Federal Regulations -r,· le 40, Part 72. 

1.8.6. Air Pollutant 

Means carbon monoxi , nitrogen oxides, sulfur dioxide, PM10, 2.5, total suspended 

particulates, ozone, latile organic compounds, lead, all pollutants ~ulated under Section 

111 of the Federal ct (Regulation Number 6), all hazardous air pollu nts, and all class I and 

class II ozone de eting compounds as defined and referenced in Sectl n 602 of the Federal 

Act. 

1.8.7. 

The em· sions rate of a stationary source calculated using the maximum rated c 

sourc (unless the source is subject to federally enforceable, or enforceable as a ctical 

mat r, permit conditions that restrict the operating rate or hours of operation, or bot 

th most stringent of the following : 

1.8.7.a. The applicable standards promulgated pursuant to the Federal Act for ne 

source performance or hazardous air pollutants; 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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l.B.7.b. The applicable Colorado Emission Control Regulation; or 

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

practical matter, permit condition, including those with a future complianc 

date. 

Annual Actual Emissions 

The act al rate of emissions of a pollutant, excluding excess emissions from am function, or 

startups d shutdowns associated with a malfunction. Annual actual emissio shall be 

calculated ing the source's actual operating rates, and types of materials p 

stored, or co busted during the calendar year. 

l.B.9. 

Means all of the folio ing as they apply to emissions units in a sour subject to operating 

permit requirements o his regulation (including requirements tha ave been promulgated or 

approved by the U.S. E through rulemaking at the time of per. it issuance but have future 

effective compliance date · 

l.B.9.a. Any term or c dition of any construction rmit issued pursuant to Part B of 

this Regulation umber 3, or any such t m or condition as modified by 

procedures autho ·zed by the operatin permit program pursuant to Parts B 

and C of this Regul ion, or any per 1t issued under Part C or Part D of the 

Federal Act, except t t state-only ermit terms or conditions shall remain 

enforceable solely purs ant to st e law; 

l.B.9.b. Any standard or other requ 

plan; 

l.B.9.c. Any standard or other r uireme t under Section 111 of the Federal Act 

(New Source Perfor nee Standa s), including Section 111 (d) of the 

Federal Act (Stand C1s of Performa e for existing sources) (Regulation 

Number 6); 

l.B.9.d. Any standard other requirement under ection 112 of the Federal Act 

(hazardous r pollutants, including any req · ement concerning accident 

prevention nder Section 112(r)(7) of the Fed al Act) (Regulation Number 8) 

but not i luding the contents of any risk mana ment plan required under 

Sectio 112(r) of the Federal Act; 

l.B.9.e. An requirements for monitoring and compliance ass ance monitoring 

thods and procedures to ensure compliance with pe it requirements, 

ncluding periodic monitoring and testing, and complianc certifications, 

established pursuant to Sections 504(b) or 114(a)(3) of the ederal Act; 

Any standards or other requirement under the Code of Federa 

Title 40, Part 72 (acid deposition control); 

l.B.9.g. Any standard or other requirement governing solid waste incineratio 

l.B.9.h. Any standard or other requirement for consumer and commercial produ 

l.B.9.i. Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Federal Act, except where the 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Administrator has determined such requirement need not be contained in an 

operating permit (Regulation Number 15); 

national ambient air quality standard or increment or · · ility 

req ent under Part C of Title I of the Federal , ut only as it would 

apply tote rary sources permitted pursu o Part C of this Regulation 

Number 3. 

1.8.10. 

A metric used to compare th issions from various GH ses based upon their global 

warming potential (G . The C02e is determined by multiplyin mass amount of 

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

resultant es to determine C02e (tons per year). The applicable GWPs co · · d in 40 

art 98, Subpart A, Table A-1 - Global Warming Potentials are hereby incorpor by 

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

1.8.11. Commence, also Commence Construction 

When the owner or operqtor has obtained all necessary pre-construction approvals or permits 

required by federal, state, or local air pollution and air quality laws and regulations and has 

either; (a) begun, or caused to begin, a continuous program of physical onsite construction of 

the source, or (b) entered into binding agreements or contractual obligation that cannot be 

cancelled or modified without substantial loss to the owner or operator, to undertake a 

program of actual construction of the source to be completed within a reasonable time. The 

following activities do not require the owner or operator to obtain a permit: 1) planning; 2) site 

clearing and grading; 3) ordering of equipment and materials; 4) storing of equipment; 5) 

setting up temporary trailers to house construction management staff and contractor 

personnel; 6) engineering and design; and 7) geotechnical investigation. In the event that 

the source does not qualify for issuance of a permit, the owner or operator accepts the 

financial risk of commencing these activities. 

1.8.12. Commencement of Operation 

A new source commences operation when it first conducts the activity that it was designed 

and permitted for (i.e., producing cement or generating electricity). 

1.8.13. Construction Permit 

Means the same as an emission permit as required under Part 8 of this regulation as it 

existed prior to July 1, 1992, and is the permit required under Colorado Revised Statutes 

Section 25-7-114.2 after July 1, 1992. 

1.8.14. Continuous Emissions Monitoring System (GEMS) 

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

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

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

a continuous basis. 

1.8.15. Continuous Emissions Rate Monitoring Systems (GERMS) 

The total equipment required for the determination and recording of the pollutant mass 

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

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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l.B.16. Continuous Parameter Monitoring System (CPMS) 

Page 5 

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

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

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

example, gas flow rate, 02 or C02 concentrations), and to record average operational 

parameter value(s) on a continuous basis. 

l.B.17. Criteria pollutants 

Those pollutants for which the U.S. EPA has established national ambient air quality 

standards, including: carbon monoxide, nitrogen dioxide (direct emissions and as a precursor 

to ozone), sulfur dioxide, PM10, PM2.5, total suspended particulate matter, ozone, volatile 

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

For the purposes of Air Pollutant Emission Notice reporting, criteria pollutants shall also 

include nitrogen oxides, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, 

reduced sulfur compounds, municipal waste combustor organics, municipal waste combustor 

metals, and municipal waste combustor acid gases. 

l.B.18. Designated Representative 

Means a responsible natural person authorized by the owners and operators of an affected 

source and of all affected units at the source, as evidenced by a certificate of representation 

submitted in accordance with Subpart B of Code of Federal Regulations, Title 40, Part 72, to 

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

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

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

program. 

l.B.19. Draft Permit 

Means a proposed form of a permit that is released to the public for an opportunity for public 

comment and hearing, and for affected state review prior to the Division's final decision on a 

permit application. 

l.B.20. Existing Source 

An air pollutant source that has been constructed, is in operation, or has received an initial 

approval of a construction permit prior to the effective date of applicable requirements. 

l.B.21 . Fugitive Dust 

For purposes of this Regulation Number 3, fugitive dust means soil or other airborne 

particulate matter (excluding particulates produced directly during combustion) resulting from 

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

agriculture, construction, forestry, unpaved roads, mining, exploration, or similar activities in 

which earth is either moved, stored, transported , or redistributed ; except that fugitive dust 

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

or substance to adversely affect public health or welfare. 

l.B.22. General Permit 

Means a single permit issued to cover numerous similar sources. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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1.8.23. Greenhouse Gas (GHG) 

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

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

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

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

equivalent (C02e). 

1.8.24. Indirect Source 

A facility, building, structure, or installation, or any combination thereof, excluding dwellings, 

which can reasonably be expected to cause or induce substantial mobile source activity that 

results in. emissions of air pollutants that might reasonably be expected to interfere with the 

attainment and maintenance of National Ambient Air Quality Standards. 

1.8.25. Major Source 

Any stationary source or group of stationary sources belonging to the same industrial 

grouping (see Section 1.8.43. of this Part A), that are located on one or more contiguous or 

adjacent properties and are under common control of the same person (or persons under 

common control) that: 

1.8.25.a. Directly emits, or has the potential to emit considering enforceable 

controls , in the aggregate, ten tons per year or more of any hazardous air 

pollutant or twenty-five tons per year or more of any combination of 

hazardous air pollutants, or such lesser quantity of hazardous air pollutants 

as may be established pursuant to the Federal Act. Emissions from any oil or 

gas exploration or production well (with its associated equipment) and 

emissions from any pipeline compressor or pump station shall not be 

aggregated with emissions from other similar units, whether or not such units 

are in a contiguous area or under common control, to determine whether 

such units or stations are major sources. and in the case of any oil or gas 

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

emissions shall not be aggregated for any purpose under this provision. 

Fugitive emissions shall be considered in determining whether a stationary 

source of hazardous air pollutants is a major source. 

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

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

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

purposes of this Section 1.8.25.b., unless the source belongs to one of the 

following categories of stationary sources: 

1.8.25.b.(i) 

1.8.25.b.(ii) 

1.8.25.b.(iii) 

1.8.25.b.(iv) 

1.8.25.b.(v) 

1.8.25.b.(vi) 

Coal cleaning plants (with thermal dryers); 

Kraft pulp mills; 

Portland cement plants; 

Primary zinc smelters; 

Iron and steel mills; 

Primary aluminum ore reduction plants; 

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1.B.25.b.{vii) Primary copper smelters; 

l.B.25.b.(viii) Municipal incinerators capable of charging more than 250 

tons of refuse per day; 

1.8.25.b.(ix) Hydrofluoric, sulfuric, or nitric acid plants; 

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

l.B.25.b.(xi) Lime plants; 

l.B.25.b.(xii) Phosphate rock processing plants; 

1.8.25.b.(xiii) Coke oven batteries; 

1.8.25.b.(xiv) Sulfur recovery plants; 

1.8.25.b.(xv) Carbon black plants (furnace process); 

1.8.25.b.(xvi) Primary lead smelters; 

1.8.25.b.(xvii) Fuel conversion plants; 

1.8.25.b.(xviii) Sintering plants; 

1.8.25.b.(xix) Secondary metal production plants; 

1.8.25.b.(xx) Chemical process plants; 

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

250 million British thermal units per hour heat input; 

l.B.25.b.{xxii) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels; 

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

1.8.25.b.(xxiv) Glass fiber processing plants; 

1.8.25.b.(xxv) Charcoal production plants; 

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

million British thermal units per hour heat input; or 

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

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

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

that have been regulated for that category. 

1.8.25.c. Meets any of the definitions of major stationary source set forth in 

Section 11.A.24. of Part D of this Regulation Number 3. 

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1.8.26. Minor Source 

Any stationary source that does not qualify as a major source (as defined in Section 1.8.25. 

above). 

1.8.27. Mobile Source 

Motor vehicles and other sources of air pollution that emit pollutants while moving and that 

commonly do not remain at one site (one or more contiguous or adjacent properties owned or 

operated by the same person or by persons under common control), but does not include 

portable sources. 

1.8 .28. Modification 

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

does not meet the definition of major modification (as defined in Section 11.A.23. of Part D of 

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

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

pollutant previously not emitted. The following exceptions apply: 

1.8.28.a. Routine maintenance, repair, and replacement shall not be 

considered a physical change; 

1.8.28.b. Unless previously limited by enforceable permit terms and 

conditions, the following shall not be considered to be a change in the 

method of operation: 

1.8.28.b.(i) An increase in the production rate if such increase does not 

exceed the design capacity of the source and does not lead to 

emissions in excess of the emission standards; 

1.8.28.b.(ii) An increase in the hours of operation that does not lead to 

emissions in excess of the emission standards. 

1.8.28.b.(iii) Use of an alternative fuel or raw material by reason of an 

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

Supply and Environmental Coordination Act of 1974 (or any 

superseding legislation), a prohibition under the Federal Power Plan 

and Industrial Fuel Act of 1978 (or any superseding legislation) or by 

reason of a natural gas curtailment plan in effect pursuant to the 

Federal Power Act; 

1.8.28.b.(iv) Use of an alternative fuel by reason of an order or rule under 

Section 125 of the Federal Act: or 

1.8.28.b.(v) Change in ownership of the source. 

1.8.28.c. Emissions resulting from construction and exploration shall be 

excluded in determining whether a modification will occur. Emissions from 

on going construction, and emissions from natural gas flaring are not 

considered to be temporary emissions. and are included in determining 

whether a modification will occur. 

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1.8.28.d. This definition shall not be used as a definition of major modification 

or minor permit modification (as defined in Section l.A.2. of Part C of this 

regulation}- these are distinct and separate definitions. 

1.8.28.e. Any physical change or change in the method of operation at a 

source with an operating permit issued pursuant to Part C of this Regulation 

Number 3, that does not constitute a major modification (as defined in Part D, 

Section 11.A.22. of this Regulation Number 3) and that does not trigger new 

source performance standards or hazardous air pollutant requirements under 

the Federal Act is not considered to be a modification; except that any such 

change shall trigger the provisions of Part 8, Section 111.D.1.a. through 

111.D.1.g .. and Part C, Sections X.A. , and Part C Sections XII.A. or Xll.8., as 

appropriate. 

for Administrative Permit Amendment see Section 1.8.1. of Part A 

for Minor Permit Modification, see Section l.A.2. of Part C 

for Major Modification, see Section 11.A.22. of Part D 

for Permit Modification, see Section l.A.3. of Part C 

for Permit Revision, see Section 1.8.34. of Part A 

for Significant Permit Modification, see Section l.A.7. of Part C 

1.8.29. New Source 

A stationary air pollution source, other than an ~xisting source; or any source that resumes 

operation after being inactive for more than one year after having been shut down for the 

purpose of eliminating emissions that violated any applicable emission control regulation or 

regulation for the control of hazardous air pollutants. 

1.8.30. Non-criteria Reportable Pollutants 

The list of pollutants set forth in Appendix B and those ozone-depleting compounds listed in 

Section 602 of the Federal Act. 

1.8.31 . Non-Road Engine 

1.8.31 .a. Except as discussed in Section 1.8.31 .b. of this definition, a non-road 

1.8.31.b. 

engine is an internal combustion engine: 

1.8.31 .a.(i) In or on a piece of equipment that is self-propelled or serves 

a dual purpose by both propelling itself and performing another 

function (such as garden tractors, off-highway mobile cranes and 

bulldozers); or 

1.8.31 .a.(ii) In or on a piece of equipment that is intended to be propelled 

while performing its function (such as lawnmowers and string 

trimmers); or 

1.8.31.a.(iii) That, by itself or in or on a piece of equipment is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. lndicia of transportability 

include, but are not limited to wheels, skids, carrying handles, dolly, 

trailer or platform. 

An internal combustion engine is not a non-road engine if: 

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

l.B.31 .b.(i) The engine is used to propel a motor vehicle or a vehicle 

used solely for competition, or is subject to standards promulgated 

under Section 202 of the Federal Act; or 

1.8.31 .b.(ii) The engine is regulated by a federal New Source 

Performance Standard promulgated under Section 111 of the 

Federal"Act; or 

l.B.31 .b.(iii) The engine otherwise included in Section 1.8.31 .a.(iii) of this 

definition remains or will remain at a location for more than twelve 

consecutive months or a shorter period of time for an engine located 

as a seasonal source. A location is any single site at a building, 

structure, facility, or installation. Any engine (or engines) that 

replaces an engine at a location and that is intended to perform the 

same or similar function as the engine replaced will be included in 

calculating the consecutive time period. An engine located at a 

seasonal source is an engine that remains at a seasonal source 

during the full annual operating period of the seasonal source. A 

seasonal source is a stationary source that remains in a single 

location on a permanent basis (i.e., at least two years) and that 

operates at a single location approximately three months (or more) 

each year. This Section does not apply to an engine after the engine 

is removed from the location. 

Non-road engines not co-located at an existing major source 

n operator of a non-road engine as defined in Section 1.8.31 .a.(iii), ab 

wi a manufacturer's site-rated horsepower of 1,200 or greater, or 

aggre lion of such non-road engines each with a manufacturer' ite-rated 

horsepo of 1,200 or greater, that operate more than 4,380 urs per year 

at the same cation are subject to the following state-only quirements: 

l.B.31 .c.(i) Su it an air pollutant emission nor 

appropriate fe 

1.8.31 .c 1i) The operator of a non-road engine that is exem based on 

hours of operation or the annual emissions thresholds des · ed 

above, must maintain sufficient records to verify that the engin or 

engines are exempt from the state-only reporting and permit 

requirements. Such records shall be made available for Division 

review upon request. 

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.8.31 .d. Non-road engines co-located at an existing major source of nitrogen oxide 

and sulfur dioxide 

An oper r of a non-road engine or aggregation of engines each with a 

manufactu 's site-rated horsepower of 1,200 or greater, and are non- d engines 

under Section .31.a.(iii) of this definition, are subject to the followi state-only 

requirements: 

1.8.31 .d.(i} ubmit an air pollutant emission n 

required b 

site-specific, temporary, stateforms supplied by the Division if the 

ssions reported on the air pollutant 

by Section l.B.29.d.(i), are equal to or 

year or re of nitrogen oxides, one hundred 

tons per year or re of carbon noxide, or forty tons per year or 

more of sulfur. 1oxide. After receipt d review of a complete 

applicatio e Division shall issue a t orary state-only non-road 

engine rmit containing such terms and ditions as are 

sary to protect the ambient air quality s dards . 

. (iii) The operator of a non-road engine that is 1, 0 horsepower 

or greater, but is exempt on the basis of the annual em ions 

thresholds described above, must maintain sufficient reco 

verify that the engine or engines are exempt from the state-o 

reporting and permit requirements. Such records shall be made 

available for Division review upon request. 

l.B.32. Operating Permit 

Unless the context suggests otherwise, any permit or group of permits covering an operating 

permit source that is issued, renewed, amended or revised pursuant to Part C of this 

Regulation Number 3. 

1.8.33. Operating Permit Source 

Any source subject to the permitting requirements of Part C of this regulation. 

l.B.34. Permit Revision 

Any permit modification. minor permit modification, or administrative permit amendment. No 

permit revision shall be required for increases in emissions that are authorized by allowances 

acquired pursuant to the acid rain program provided that such increases do not require a 

permit revision under any other applicable requirement. 

1.8.35. Pollution Prevention 

Any activity that through process changes, product reformulation or redesign, or substitution 

of less polluting raw materials, eliminates or reduces the release of air pollutants (including 

fugitive emissions) and other pollutants to the environment prior to recycling , treatment, or 

disposal. This definition does not include recycling (other than certain "in-process recycling" 

practices), energy recovery, treatment, or disposal. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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1.8.36. Portable Source 

A source such as, but not limited to, asphalt batch plants and aggregate crushers that 

commonly and by usual practice is moved from one site to another. A source will not be 

considered portable if it remains on one site for more than two years. 

1.8.37. Potential to Emit 

The maximum capacity of a stationary source to emit a pollutant under its physical and 

operational design. Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control equipment and restrictions on hours of 

operation or on the type or amount of material combusted, stored , or processed , shall be 

treated as part of its design if the limitation or the effect it would have on emissions is state 

enforceable and federally enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source. 

1.8.38. Predictive Emissions Monitoring System (PEMS) 

All of the equipment necessary to monitor process and control device operational parameters 

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

(for example, gas flow rate, 02 or C02 concentrations), and calculate and record the mass 

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

1.8.39. Regulated Air Pollutant 

Nitrogen oxides or any volatile organic compounds, except as listed in the definition of 

negligibly reactive volatile organic compounds in the Common Provisions regulation; any 

pollutant for which a national or state ambient air quality standard has been promulgated; any 

pollutant that is subject to any standard promulgated under Section 111 of the Federal Act 

(Regulation Number 6); any class I or II substance subject to a standard promulgated under 

or established by Title VI of the Federal Act; any pollutant subject to a standard promulgated 

under Section 112 or other requirements established under Section 112 of the Federal Act, 

including Sections 112(g), 0), and (r) of the Federal Act; and any pollutant subject to a 

standard promulgated pursuant to Colorado Revised Statutes Section 25-7-109.3(5)(a), 

(state-only hazardous air pollutants listed in Section 25-7-109.3(5)(a) are subject to state 

enforcement only and do not trigger enforcement by the Administrator or by citizens under 

Section 304 of the Federal Act.) 

Once a source becomes subject to the operating permit requirements, regulated air pollutants 

must be addressed in the permit application and In the permit. 

1.8.40. Responsible Official 

One of the following : 

5 CCR 1001-5 

1.8.40.a. For a corporation: a president, secretary, treasurer, or vice president 

of the corporation in charge of a principal business function , or any other 

person who performs similar policy or decision making functions for the 

corporation, or a duly authorized representative of such person if the 

representative is responsible for the overall operation of one or more 

manufacturing, production, or operating facilities applying for or subject to a 

permit and either: 

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l.B.40.a.(i) The facilities employ more than two hundred and fifty 

persons or have gross annual sales or expenditures exceeding 

twenty-five million dollars (in second quarter 1980 dollars); or 

l.B.40.a.(ii) The delegation of authority to such representative is 

approved in advance by the Division; 

1.8.40.b. For a partnership or sole proprietorship; a general partner or the 

proprietor, respectively; 

1.8.40.c. For a municipality, state, federal, or other public agency; either a 

principal executive officer, or ranking elected official. For the purposes of this 

section, a principal executive officer of a federal agency includes the chief 

~xecutive officer having responsibility for the overall operations of a principal 

geographic unit of the agency; or 

1.8.40.d. For affected sources: 

1.8.40.d.(i) The designated representative in so far as actions, 

standards, requirements, or prohibitions under Title IV of the Federal 

Act or the regulations, found at Code of Federal Regulations Title 40, 

Part 72, promulgated there under are concerned; and 

1.8.40.d.(ii) The designated representative under Title IV of the Federal 

Act or the Code of Federal Regulations Title 40, Part 72 for any other 

purposes under the Code of Federal Regulations Title 40, Part 70. 

1.8.41 . Schedule of compliance 

A schedule of required measures, including an enforceable sequence of actions or 

operations, leading to compliance with an applicable state implementation plan. emission . 

standard, emission limitation, emission prohibition, or emission control regulation . 

l.B.42. State-only Condition 

Means any standard, term or condition that is not required by Part C of this regulation (Title V 

Operating Permits), Part D of this regulation (major New Source Review), Title Ill (hazardous 

air pollutants) or Section 111 (New Source Performance Standards) of the Federal Act, is not 

required to be federally enforceable to participate in the early reductions program, is not 

required to create a federally enforceable emissions limitation in order to create a synthetic 

minor source (as defined in Section I.A. of this Part), or is otherwise more stringent than a 

requirement under the Federal Act. 

1.8.43. Stationary Source 

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

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

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

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

emissions resulting directly from an internal combustion engine for transportation purposes or 

from a non-road engine as defined in Section 1.8.29. of this Part shall not be considered a 

stationary source. Building, structures, facilities, equipment, and installations shall be 

considered to belong to the same industrial grouping if they belong to the same major groups 

(i.e., have the same two-digit codes) as described in the Standard Industrial Classification 

Manual, 1987, but not later amendments. See National Technical Information Service, Order 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 14 

Number PB 87-100012. The manual is available for examination at the office of the Director 

of the Air Pollution Control Division, Department of Public Health and Environment, 4300 

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

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

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

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

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

for Major Stationary Source, see Section 11.A.26. of Part D 

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

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

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

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

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

l.B.44. Subject to Regulation 

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

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

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

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

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

except that: 

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

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

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

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

follows: 

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

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

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

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

including later amendments. 

l.B.44.b.(ii) Sum the resultant value from Section l.B.44.b.(i) of this Part 

A, for each gas to compute a tpy C02e. 

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

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

calculated using the procedures in Section 11.A.22 of Part D) and a significant 

net emissions increase (as defined in Sections 11.A.26, and 11.A.42 of Part D) 

occur. For the pollutant GHG, an emissions increase shall be based on tpy 

C02e, and shall be calculated assuming the pollutant GHG is a regulated 

NSR pollutant, and significant is defined as 75,000 tpy C02e instead of 

applying the value in Section 11.A.42.b. of Part D. 

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

regulation concerning major stationary source new source review and 

prevention of significant deterioration if: 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 15 

1.8.44.d.(i) The stationary source is a new major stationary source for a 

regulated NSR pollutant that is not GHG, and also will emit or will 

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

1.8.44.d.(ii) The stationary source is an existing major stationary source 

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

emissions increase of a regulated NSR pollutant, and an emissions 

increase of 75,000 tpy C02e or more. 

1.8.44.e. Beginning July 1, 2011 , in addition to the provisions in Section 

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

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

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

potential to emit 100,000 tpy C02e; or 

1.8.44.e.(ii) Concerning major stationary source new source review and 

prevention of significant deterioration and operating permits: 

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

potential to emit 100,000 tpy C02e; or 

l.8.44.e.(ii)(8) At an existing stationary source that will emit or have 

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

method of operation that will result in an emissions increase 

of 75,000 tpy C02e or more. 

1.8.44.f. If there is a change in federal law that supersedes, or the District of Columbia 

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

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

emissions at stationary sources under the New Source Review Prevention of 

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

regulation, GHG emissions under the corresponding programs in this 

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

extent. 

1.8.45. Temporary Source 

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

that a longer time period is appropriate. 

1.8.46. Uncontrolled Actual Emissions 

The annual emission rate corresponding to the annual process rate listed on the Air Pollutant 

Emission Notice form, without consideration of any emission control equipment or 

procedures. 

The Division may allow a source to forego calculating or estimating its uncontrolled actual 

emissions of hazardous air pollutants upon a showing by the source and a determination by 

the Division that the creation of such data is unreasonably costly, technically impractical or 

not reasonably related to information necessary for making regulatory decisions with respect 

to that source. The Division's final determination may be appealed to the Commission by the 

source. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 16 

1.8.47. Wet Screening Operations 

A screening operation at a nonmetallic mineral processing plant that removes unwanted 

material or that separates marketable fines from the product by a washing process that is 

designed and operated at all times such that water is an integral part of the process and the 

product is saturated with water. Screens that use spray bars for the purposes of dust control 

are not included in this definition. 

II. Air Pollutant Emission Notice (APEN) Requirements 

Air Pollutant Emission Notices for New, Modified, and Existing Sources 

Excep s specifically exempted in Section 11.D., no person shall allow emission of air pollutant 

or constr tion, modification or alteration of, any facility, process, or activity which constitute 

stationary urce, except residential structures, from which air pollutants are, or are to be, itted 

unless and u ·1 an Air Pollutant Emission Notice and the associated Air Pollutant Emiss· n Notice fee 

has been filed · h the Division with respect to such emission. Each such notice shal pecify the 

location at which t proposed emission will occur, the name and address of the pe ons operating 

and owning such tac 'ty, the nature of such facility, process or activity, an estima of the quantity and 

composition of the exp ted emission and other information as required in the rrent Air Pollutant 

Emission Notice form. 

11.8. General 

11.8.1. Emission Estimate 

shall include an es · ate of the annual actual emissions, 

including emission controls. The issions estima shall be based upon actual test data or, 

in the absence of such data, upon e ·mations a eptable to the Division. The following 

alternative estimate methods, in order des ding acceptability, are acceptable to the 

Division : 

· sion monitoring will not be re 

Notice reporting requirements. 

An owner o perator shall provide a justification to the D1 'sion for not using any 

methods at are higher on the list than the method the own or operator proposes 

to use. f none of the above methods are available or applicao to the source, an 

appr riate method will be determined on a case-by-case basis the Division, 

ta ng into account the provisions of Section 11.C.2. of this Part A. 

The Division shall make available to all air pollution control authority offi s 

appropriate forms on which the information required by this section shall b 

submitted . 

Air Pollutant Emission Notice Term 

An Air Pollutant Emission Notice is valid for a period of five years. The five-year period 

recommences when a revised Air Pollutant Emission Notice is received by the Division . 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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11.8 .3. APEN Applicability 

33 CR 22 a nd 23, 11-10 Page 17 

or the purposes of Air Pollutant Emission Notice applicability, a source will be considered to 

o an individual emission point, or group of points pursuant to Section 11 .B.4. of this Part A. 

11.B.3.a. Criteria Pollutants 

r criteria pollutants, Air Pollutant Emission Notices are required for: each in 

e · sion point in a nonattainment area with uncontrolled actual emissions one ton 

per ar or more of any individual criteria pollutant (pollutants are not su ed) for 

which e area is nonattainment; each individual emission point in an at inment or 

attainm Umaintenance area with uncontrolled actual emissions of tw tons per year 

or more o ny individual criteria pollutant (pollutants are not summ ); each 

individual e ission point with uncontrolled actual emissions of lea greater than one 

hundred poun s per year, regardless of where the source is loc ed. 

For non criteria repo ble pollutants, Air Pollutant Emis · n Notices are required for 

each individual emissio point with uncontrolled actual missions that exceed the de 

minimis levels as determ1 ed following the procedur set forth in Appendix A. 

11.8.4. Source Grouping 

Grouping of multiple emission points on ingle Air R llutant Emission Notice shall be 

allowed as often as possible, provided the Yerall als of receiving accurate and verifiable 

emissions information are not compromised . Jh allowing guidelines shall be used to 

delineate occasions when grouping can be allo ed. These are intended to be used as 

guidelines only, and specific questions regard· g rouping should be directed to the Division. 

Multiple pieces of equipment or processe rom a si le facility may be grouped or 

associated together and reported on on single Air Po tant Emission Notice provided the 

il")dividual sources of emissions meet e following guide · es: 

11 .B.4.a.All of the aggrega d sources have identica ource classification codes and 

emission factor or criteria pollutants; 

11 .B.4.b. Each of the ggregated sources share a similar I 

11.B.4.c. Similar urces regulated under the New Source Pe rmance Standards 

(Regu lion Number 6) and non-New Source Performa e Standard sources 

sho not be grouped; 

ne of the individual sources is required to monitor emissio 

se of continuous emission monitors; 

.e. Each of the individual emission points has fuel usage, production, d a 

consumption level, which are indistinguishable from the other points, 

have been grouped on the Air Pollutant Emission Notice; 

None of the individual sources grouped on the Air Pollutant Emission Noli 

has previously been issued its own separate emissions permit. 

The Division maintains its authority to require individual separate Air 

Pollutant Emission Notices for any process or activity. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 18 

The Division may allow a source to deviate from this emission point grouping 

criteria upon a showing that an alternative is reasonable and will not 

compromise the overall goals of receiving accurate and verifiable emissions 

information. 

11.B.5. Air Pollutant Emission Notices and revised Air Pollutant Emission N 

shall be based on calendar years (January through December). 

The emissions noted on the current Air Pollutant Emission N ice on file with 

the Division shall be used for emission fee calculations as 

ection VI. of this Part A. 

11.C. Revised Air Pollutant mission Notices 

11 .C.1. 

5 CCR 1001-5 

11.C.1.a.Annually when er a significant change s defined in Section 11.C.2.) in 

annual actual em1 ions occurs; or 

11.C.1.b. Whenever there is a cli owner or operator of any facility, process, 

or activity; or 

11.C.1.c. Whenever new control e ipm tis installed, or whenever a different type of 

control equipment rep ces an ex ting type of control equipment (revised Air 

Pollutant Emission tices are not guired for routine maintenance, repair, 

or replacement o ontrol equipment; 

11.C.1.e. Before e Air Pollutant Emission Notice expires. 

11.C.1.f. A vised Air Pollutant Emission Notice is not require henever the location 

fa portable facility, process, or activity is changed, ho ver, the owner or 

operator of such source must file a relocation notice. Suen otice shall be 

received by the Division at least ten days prior to the change location. 

Alternatively, the owner or operator of a portable source may re est written 

approval from the Division to report multiple relocations. Relocatio forms 

are available at the Division offices. 

11.C.1.g.A revised Air Pollutant Emission Notice is not required for emergency or 

backup generators that are ancillary to the main units at electric utility 

facilities, and that have a permit under Parts C or D of Title I, or Title V of the 

Federal Act. 

11.C.1.h.A revised Air Pollutant Emission Notice is not required for emergency or 

backup generators for electric power generating facilities that are not 

ancillary to a main unit at an electric utility facility, and that have a permit 

'containing limits on the physical or operational capacity of the source to emit 

a pollutant such that the source is not considered to be a major stationary 

source as defined in Section 11.A.24. of Part D of this Regulation Number 3. If 

an owner or operator of such a source chooses to file a revised Air Pollutant 

Emission Notice, the Air Pollutant Emission Notice shall list the average of 

the annual actual emissions for the preceding three years. 

CODE OF COLORADO REGULATIONS 
© 2010 State of Colorado 

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33 CR 22 and 23, 11-10 Page 19 

11.C.3. 

Significant change, for the purposes of this section means: 

11.C.2.a. For any non-criteria reportable pollutant if the emissions increase by fifty 

percent or five tons per year, whichever is less, above the level reported o 

the last Air Pollutant Emission Notice submitted to the Division . 

. C.2.b. For criteria pollutants: 

11.C.2.b.(i) For sources emitting less than one hundred tons er year, a 

change in annual actual emissions of five tons per year r more, 

above the level reported on the last Air Pollutant Emi ion Notice 

submitted to the Division, of any such air pollutant; 

.(ii) For volatile organic compound and nitr en oxides sources 

·n ozone nonattainment areas emitting less t none hundred tons of 

v latile organic compound per year, a chan e in annual actual 

em sions of one ton per year or more or e percent, whichever is 

grea r, above the level reported on the ast Air Pollutant Emission 

Notice ubmitted to the Division; or 

11.C.2.b.(iii) Fo sources emitting one undred tons per year or more, a 

change in an ual actual emissi s of five percent or fifty tons per 

year or more, ichever is le , above the level reported on the last 

Air Pollutant Em1 ion Notic submitted to the Division , of any such 

air pollutant; or 

11.C.3.a. Revised Air Pollut t Emission Notices sh be submitted no later than 

within thirty day efore the five-year term e ires. · 

11.C.3.b. Owners or o erators of sources that are require o obtain a permit revision 

must nle a evised Air Pollutant Emission Notice al g with a request for 

A revised permit must be obtained fore the change at the 

11.C.3.c. So rces submitting revised Air Pollutant Emission Notices 

vision of a change in annual actual emission rates must d 

of the following year (e.g., a change in emissions in calendar 

be reported by April 30, 1994 ) . 

inform the 

o by April 30 

ar 1993 must 

. 3.d.Air Pollutant Emission Notices for changes in control equipment mus be 

submitted before the change occurs); except for control equipment at 

condensate storage tanks located at oil and gas exploration and product n 

facilities subject to the requirements in Regulation Number 7, Section XII. 

For this control equipment, a revised APEN shall be filed once per year, as 

specified in Section 11.C.3.c. of Part A, if any control equipment is added or if 

control equipment is relocated or removed . 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 20 

Exemptions from Air Pollutant Emission Notice Requirements 

Notwithstanding the exemptions contained in Section 11.D.1., Air Pollutant Emission 

Notices must be filed for all emission units specifically identified in the applicabilit~ 

section of any subpart of Part A of Regulation Number 6 (New Source Performa 

Standards) and/or Regulation Number 8 (Hazardous Air Pollutants), Parts A,C , and 

E. However, Air Pollutant Emission Notices need not be filed for wet screen· g 

operations subject to Subpart 000 of the New Source Performance Stan rds if the 

xemption in Section 11.D.1.cccc. is appiicable. 

Stationary s urces having emission units that are exempt from the requirem t to file an Air 

Pollutant Emi ion Notice must nevertheless comply with all requirements at are otherwise 

applicable spec cally to the exempted emission units, including, but not · ited to: Title V. 

Prevention of Sig ·ficant Deterioration , nonattainment New Source Re · w, opacity 

limitations, odor lim1 tions, particulate matter limitations and volatile rganic compounds 

controls. 

An applicant may not omi ny information regarding APEN ex pt emission units in any 

permit application if such in rmation is needed to determine e applicability of Title V (Part 

C of this Regulation Number . Prevention of Significant D terioration (Section VI., Part D of 

this Regulation Number 3), or n attainment New Sourc eview (Section V., Part D of this 

Regulation Number 3). 

The following sources are exempt fro the require ent to file Air Pollutant Emission Notices 

because by themselves, or cumulative! s a cat ory, they are deemed to have a negligible 

impact on air quality. 

11.D.1 .a. Individual emission points · nattainment areas having uncontrolled actual 

emissions of any criteria ollut t of less than one ton per year, and 

individual emission poi s in attai ent or attainment/maintenance areas 

having uncontrolled tual emissio of any criteria pollutant of less than two 

tons per year, and ach individual e · sion point with uncontrolled actual 

emissions of lea ess than one hundre pounds per year, regardless of 

where the sour e is located. 

ission points of non criteria repo able pollutants having 

uncontro d actual emissions less than the de inimis levels as determined 

the procedures set forth in Appendix A. 

11.D.1.c. Air onditioning or ventilating systems not designed t remove air pollutants 

nerated by or released from other processes or equi 

.Cl. Fireplaces used for recreational purposes, inside or outside . 

. 1.e. Fires and equipment used for noncommercial cooking of food f 

consumption, or cooking of food for human consumption at com rcial food 

service establishments, except for char broilers and wood fired equ ment 

(but not including campfires) in PM10 nonattainment areas. Charbro r shall 

mean a cooking device in a commercial food service establishment, eit r · 

gas fired or using charcoal or other fuel, upon which grease drips down u 

an open flame, charcoal or embers. 

11.D.1.f. Safety flares used to indicate danger to the public. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 21 

11.D.1.g. Agricultural operations such as fanning, cultivating, harvesting, seasonal 

crop drying, grain handling operations that are below New Source 

Performance Standards de minimis levels (including milling and grain 

elevator operations), and animal feeding operations that are not housed 

commercial swine feeding facilities as defined in Regulation Number 2, Part 

B. This exemption does not apply to an agricultural operation that: (1) is a 

major source (as defined in Section 1.8 .25. of this part); (2) meets or exceeds 

the storage capacity thresholds of a federal New Source Performance 

Standard (Regulation Number 6, Part A); or (3) participates in the early 

reduction program of the Federal Act, Section 112. Ancillary operations such 

as fueling stations located at farms or ranches are not exempt from Air 

Pollutant Emission Notice and permit requirements unless otherwise below 

the de minimis emission levels contained in this regulation, and are not 

exempt from other applicable regulation promulgated by the Commission. 

11.D.1.h. Emissions from, or construction, or alteration of residential structures, 

including all buildings or other structures used primarily as a place of 

residence, and including home heating devices. 

Laboratories and research & development facilities: 

l.D.1.i.(i) Noncommercial (in house) experimental and ana ical 

laboratory equipment that is bench scale in nature incl ing quality 

control/quality assurance laboratories, process supp laboratories, 

environmental laboratories supporting a manufact mg or industrial 

cility, and research and development laborato ·es. 

11 .D.1.i.(ii) Research and development activif s that are of a small pilot 

scale a that process less than ten tho and pounds of test 

material p year; 

11.D.1.j. Disturbance of surface area or pu oses of land development, that do not 

exceed twenty-five contig us acres a that do not exceed six months in 

duration. (This does n include mining erations or disturbance of 

contaminated soil). 

11.D.1.k. Each individual ece of fuel burning equipment, ther than smokehouse 

generators a internal combustion engines, that es gaseous fuel, and that 

has a desi rate less than or equal to five million Bn · h thermal units per 

hour. ( e definition of fuel burning equipment, Comm Provisions 

Regul ion). 

ernal combustion engines powering portable drilling rigs. 

Exemption Repealed 

l.D.1.n. Chemical storage tanks or containers that hold less than five hundred 

gallons, and that have an annual average daily throughput of less than 

twenty-five gallons. 

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

11.D.1.o. Unpaved public and private roadways, except for haul roads located within a 

stationary source site boundary. 

1.0 .1.p. Sanding of streets and roads to abate traffic hazards caused by ice and 

snow. 

11.D. q. Open burning activities, except that all reporting and permitting requireme s 

that apply to such operations must be followed (see Regulation Number ). 

11.D.1.r. B zing , soldering, or welding operations, except those that use lead ased 

co ounds. All welding that occurs strictly for maintenance purpo 

exem t. 

11.D.1.t. Battery rech 

11.D.1.v. Sawing operations, at is ancillary to facility oper ons, and is not part of the 

production process. 

11.D.1.w. 

11.D.1.x. Road and lot paving operations t com rcial and industrial facilities, except 

that asphalt and cement batch pl ts quire Air Pollutant Emission Notices 

and permits, unless exempt under e other section. 

11.D.1.y. Adhesive use that is not related 

11.D.1.z. Fire training activities. 

11.D.1.aa. 

11. D.1 .bb. Landscaping nd site housekeeping devi s equal to or less than ten 

horsepower in size awnmowers, trimmers, snow b wers, etc.). 

11 .D.1.cc. Fugitive missions from landscaping activities 

sweeping). 

11.D.1.dd. La dscaping use of pesticides, fumigants, and herb1 

11.D.1.ee. xemption Repealed 

rgency events such as accidental fires. 

Smoking rooms and areas. 

Plastic pipe welding. 

I . .1.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or 

residential housekeeping purposes. 

11.D.1.jj. Beauty salons. 

CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 23 

Operations involving acetylene, butane, propane and other flam 

cutting torches. 

11.D.1 .mm. 

11.D.1.nn. ectural painting, roof coating materia associated surface 

pre ion (except for sandblasting and except for vola rganic · 

mpound emissions, associated with surface preparation, ab Air 

Pollutant Emission Notice de minimis levels) for maintenance purpo 

industrial or commercial facilities. 

11.D.1.oo. Emissions that are not criteria (as defined in Section 1.8.17. of this 

part) or non-criteria reportable pollutants (as defined in Section 1.8.30. of this 

part) (These emissions include methane, ethane, and carbon dioxide). 

11.D.1.pp. Janitorial activities and products. 

Grounds keeping activities and products. 

Sources of odorous emissions that do not utilize emission ntrol 

uipment for control of odorous emissions. This exemption ap ·es to the 

odo emissions only. All other emissions are subject to other emptions set 

forth i his regulation. This exemption does not exempt a source from the 

requirem ts of Regulation Number 2. 

11.D.1.ss. 

11.D.1.tt. Office emissions, in nd restrooms. 

11.D.1.uu. 

11.D.1.vv. 

the ovens only, and not to th 

11.D.1.ww. Equipment use exclusively for p 

11 .D.1.xx. Blast clea ng equipment using a susp sion of abrasive in water 

and any exhau system or collector serving them xclusively. 

11.D.1.yy. 

solid fu . 

11.D.1.zz. Storage of butane, propane, or liquefied petroleum gas · 

ith a capacity of less than sixty thousand gallons, provided the 

requirements of Regulation Number 7, Section IV. are met, where ap 

.D.1.aaa. Storage tanks of capacity less than forty thousand gallons of 

lubricating oils or used lubricating oils. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 24 

5 CCR 1001-5 

11.D.1.bbb. Venting of compressed natural gas, butane or propane gas cylinders, 

with a capacity of one gallon or less. 

D.1.ccc. Fuel storage and dispensing equipment in ozone attainment areas 

operated solely for company owned vehicles where the daily fuel throughp 

is no more than four hundred gallons per day that is calculated as an an al 

average. Sources in an ozone attainment/maintenance area must utiliz 

tage 1 vapor recovery on all tanks greater than 550 gallons capacit , as 

r uired by Regulation Number 7, in order to take th is exemption. 

11.D.1.ddd. Exemption Repealed 

11.D.1.eee. I direct sources are exempt until a permit regulatio 

indirect so ces is promulgated by the Commission. 

11.D.1.fff. 

11.D.1.fff.(i) A ual throughput is less than fou 

gallons; an 

11.D.1.fff.(ii) 

11.D.1.fff.(ii)(A) 

11.D.1.fff.(ii)(B) 

11.D.1 .fff.(ii)(C) 

11.D.1.ggg. Each individua iece of fuel burning e uipment that uses gaseous 

fuel, and that has a d sign rate less than or equ I to ten million British 

thermal units per h r. and that is used solely for eating buildings for 

personal comfort. 

11.D.1 .hhh. 

11.D.1.iii. 

11.D.1.jii. 

El ctric motors driving equipment at non-commerc1 

Recreational swimming pools. 

Forklifts. 

Oil and gas exploration and production operations (well site an 

associated equipment) shall provide written notice to the Colorado Oil an 

Gas Conservation Commission of proposed drilling locations prior to 

commencement of such operations. Air Pollutant Emission Notices are not 

required until after exploration and/or production drilling, workovers, 

completions, and testing are finished. 

CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 25 

If production will result in reportable emissions, the owner or operator shall file an Air 

Pollutant Emission Notice with the Division within thirty days after the well completion 

or recompletion report and log is filed with the appropriate state or federal agency. If 

oduction will not occur, or production will not result in reportable emissions, the 

o er or operator shall submit written notice to the Division indicating that the well 

was lugged, or that emissions are otherwise not reportable. If production will re It 

in rep rtable emissions, the owner or operator shall file an Air Pollutant Emissio 

Notice ith the Division within thirty days after the report of first production is fi d 

with the propriate state or federal agency but no later than ninety days foll wing 

the first da of production. 

Handling equipment and associated activities for glass 

destine for recycling. 

11.D.1.nnn. Fu · ive emissions of hazardous air pollutants th 

constituents native soils and rock (not added or cone trated by chemical 

or mechanical ocesses) from under ground mines o surface mines unless 

such source is a ajor source of hazardous air poll nts under Part C of 

Regulation Numbe 3. 

11.D.1.ooo. The use of pe icides, fumigants, and erbicides when used in 

accordance with require ents established u er the federal Insecticide, 

Fungicide and Rodenticid Act as establish d by the U.S. EPA (United 

States Code Title 7, Sectio 136 et seq.). 

11.D.1.ppp. Ventilation of emission obile sources operating within a 

tunnel, garage, or building. 

11.D.1.qqq. 

11.D.1 .sss. Stationary Inter 

specifications: 

11.D.1.sss.(i) L s than or equal to 175 horsepo er that operate less than 

1,450 h 

11.D.1.sss.(ii) Greater than 175 horsepower and less t an or equal to 300 

ho epower that operate less than 850 hours per 

11.D.1.s .(iii) Greater than 300 horsepower and less than o equal to 750 

horsepower that operate less than 340 hours per year. 

Emergency power generators that: 

Have a rated horsepower of less than 260; or 

11.D.1.ttt.(ii) Operate no more than 250 hours per year and have a rate 

horsepower of less than 737; or 

11.D.1.ttt.(iii) Operate no more than 100 hours per year and have a rated 

horsepower of less than 1,840. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 26 

11.D.1.uuu. Surface water storage impoundment of not potable water and storm 

water evaporation ponds, except oil production wastewater (produced water 

tanks) containing equal to or more than one percent by volume crude oil on 

an annual average, and commercial facilities that accept oil production 

wastewater for processing. 

Non-potable water pipeline vents. 

Steam vents and safety release valves. 

Deaerator/vacuum pump exhausts. 

Seal and lubricating oil systems for steam· turbine 

11.D.1 .zzz. 

11.D.1 .aaaa. 

11.D.1.aaaa.(i) Sulfuric acid storage tanks not o exceed ten thousand five 

hundre allons capacity. 

11.D.1 .aaaa.(ii) 

11.D.1.bbbb. 

11.D.1.dddd. Non-road en · es as defined 1 Section 1.8.29. of this Part A. except 

certain non-road en · es subject to state nly air pollutant emission notice 

and permitting req rements pursuant to S tion l.B.29.c. of this part. 

11.D.1.eeee. 

11.D.1.ffff Air urtain Destructors burning only yard ste, wood waste, and 

clean lu er, or any mixture thereof generated as a suit of projects to 

reduce e risk of wildfire and are not located at a com ercial or industrial 

facili . Air curtain incinerators that are considered incin ators as defined by 

the ommon Provisions do not meet this exemption. 

11.D.2. An Air A llutant Emission Notice must be filed for all incinerators. 

11.D.3. Air ollutant Emission Notices are required for emergency and backup ge 

th are ancillary to the main units at electric utility facilities however, these 

e included on the same Air Pollutant Emission Notice as the main unit. 

Any person may request the Division to examine a particular source category or 

activity for exemption from Air Pollutant Emission Notice or permit requirements. 

11.D.4.a. Such requests shall be made separately from the permit application review 

procedure. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 27 

Ill. 

11.0.4.b. Such requests shall include documentation indicating that emissions from the 

source category or activity have a negligible impact on air quality and public 

health in Colorado, based on, but not limited to, the following criteria. 

11.D.4.b.(i) Emissions from the source or activity are below the Air 

Pollutant Emission Notice or permit emission de minimis level set 

forth in this Regulation Number 3; or 

11.D.4.b.(ii) The existing Division emission inventory is suffi ·ent to 

indicate that the source or activity has a negligible im ct; or 

11 .D.4.b.{iii) For permit exemptions, criteria in Section l.D.4.b.{i) and/or 

11 .D.4.b.(ii), above, are met, and the sburce or a 1vity has no 

applicable requirement that applies to it, and t e Division finds that 

monitoring or record keeping are not neces ry. 

iv) Exemptions shall not be grante for any source or activity 

t t is subject to any federal applicabl requirement. The Division 

sh I determine on a case-by-case sis if sources or activities 

subj t to state only regulations y be granted an exe.mption. 

11 .D.5. Commercial (for hire) laboratories 

qualitative or quantitative analysis n nvironmental, clinical, geological, forensic, or 

process samples may estimate missio s for purposes of Air Pollutant Emission 

Notice reporting based upon mass bala ce calculation utilizing inventory and 

purchase records of solven and reagents. Such laboratories may, at their 

discretion, group emissio points if such grou ·ng meets the grouping criteria outlined 

in this regulation. All in samples are exempt om Air Pollutant Emission Notice 

reporting . Emissions om samples subjected to alysis provided to such 

laboratories for ana sis and testing, and by-produc that result from sample testing, 

are exempt from r Pollutant Emission Notice reporti , provided such samples 

subjected to an ysis are less than five gallons for liqui , or five pounds for solids. 

11 .D.6. Research a a development activities that do not fall within e small scale exemption 

in Sectio l.D.1.i. may estimate emissions for purposes of Ai ollutant Emission 

Notice r. porting based upon either a mass balance calculation ilizing inventory and 

pure se records, or best engineering judgment. Such facilities y file an Air 

Pol tant Emission Notice or revised Air Pollutant Emission Notice o an annual basis 

b April 30 of the year following the project's conclusion for each proj t that is not 

xempt under Section 11 .D.1.i. , irrespective of Section 11.C., herein (revi d Air 

Pollutant Emission Notice requirements), such Air Pollutant Emission Nati es shall be 

filed on a per project basis and shall be based on controlled actual emissio 

dministrative Permit Amendment Procedures 

Ill.A. An application for an administrative permit amendment shall be prepared on forms 

supplied by the Division. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 28 

111.B. Within sixty calendar days after receipt of a complete application for an administrative 

permit amendment the Division shall issue its final determination on such application 

in accordance with the following: 

11 1.B.1. Deny the application for an administrative permit amendment; or 

111.B.2. Grant the application and incorporate any such changes into the permit 

providing such permit revisions are made pursuant to this Part A, Se on Ill. 

111.C. JS. ource may implement the changes addressed in the application for an 

ad ·nistrative amendment immediately upon submittal of request, subj t to the final 

deter ination of the Division . 

111.D. As requir d under the Federal Act, the Division shall transmit tot Administrator a 

copy of ea revised permit made pursuant to an administrativ ermit amendment 

under this pr ision. 

111.E. review by affected states shall be nee 

ministrative amendment procedure . 

111.F. Administrative permit a endments for purposes of e acid rain portion of a permit 

shall be governed by reg ations promulgated un r Title IV of the Federal Act, found 

at Code of Federal Regula ns Title 40, Part 7 

IV. Operational Flexibility 

IV.A. Alternative operating scenarios 

No permit revision is required for reasonably anticip e 

in its application for a permit and approved by the 

perating scenarios identified by the source 

provided the permit contains terms and 

conditions that: 

IV.B. 

IV.A.1 . Require the source, contem oraneously with m king a change from one operating 

scenario to another, to re rd in a log at the per · ted facility a record of the scenario 

under which it is operati g; 

IV.A.2. Ensure that the ter and conditions of each such alte 

applicable require ents of the state and Federal Act. 

IV.A.3. Extend the pe it shield to all operating permit terms and co 

operating s nario. 

If allowed by the ap cable state implementation plan, no permit revision shall be requir d under any 

approved econom· incentives, marketable permits, emissions trading and other similar p grams or 

processes for c nges in emissions that are provided for in the permit. The permit applican ust 

request such ovisions to be included in its permit, and if approved by the Division, the perm1 shall 

contain ter and conditions that: 

5 CCR 1001-5 

For operating permits, include all terms required under Section V.C. of Part C; 

Ensure that changes resulting from such increases and decreases in emissions meet 

all applicable requirements under the state and Federal Acts; 

CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 29 

IV.B.3. Extend the permit shield to all operating permit terms and conditions that allow such 

increases and decreases in emissions. 

Emissions trading under permit caps 

No perm revision shall be required where an applicant requests, and the Division approves such 

request, fo a permit containing terms and conditions allowing for the trading of emissions incre 

and decreas in the permitted facility. Procedures for such changes are: 

v. 

r operating permits, the permit shall contain terms and conditions requ· 

pu uant to Section V.C. of Part C; 

it applicant shall include in its application proposed replic 

't terms that ensure the emissions trades are quantifiab ; 

IV.C.3. Any emissio units for which emissions are not quantifiable r for which there are no 

replicable proc ures to enforce the emissions trades shal ot be included in this 

provision allowin emissions trading without permit revisi n; 

IV.C.4. 

IV.C.5. The source shall provide minimum of seven d s written notification in advance of 

the proposed changes to tH Division and tot Administrator. The notice must be 

received by the Division no la r than seven ays in advance of the proposed 

changes. The source and the 'vision sh attach each such notice to their copy of 

the relevant permit. The notice s II co 

IV.C.5.a. 

IV.C.5.b. 

IV.C.5.c. The per it shield shall extend to I operating permit terms and 

conditions tha allow such increases and de reases in emissions. 

IV.C.6. A source shall be lowed to make such change propos in its notice on the day 

following the las day of the advance notice described in ction IV.C.5. above, if the 

Division has n responded nor objected to such changes o or before that day. 

rading Of Emission Reduction Credits Offset An Netting 

Transactions 

V.A. Purpose 

This section est lishes procedures for the recording of certified emissions reductions and 

credit transactions. These procedures are intended to: 

Promote economic development and lower the cost of meeting pollution control 

requirements while assuring ambient air quality progress and continued air quality 

maintenance; and 

V.A.2. Encourage development of innovative pollution control methods and technologies. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 30 

This section a · s to any pollutant regulated under the Colorado Air Quality Control 

regulations promulga there under in all attainment, attainmenUmaintenance nonattainment 

areas of the state. This se · does not apply to emissions trading unde rmit caps in Section 

IV.C. of Part A. 

V.C. Definitions 

V.C.1. 

e lets existing sources (or groups of sources) increase emis · sat one 

operation in exchange for compensating extra decreases in emissions a other 

operation. The net result must be equivalent to or better than would have bee 

accomplished using conventional source specific controls. 

V.C.3. Certified emissions reduction means a reduction in emissions below the baseline that 

has been certified by the Division in accordance with the criteria of Section V.E., and 

that may then be used in an emission credit transaction . 

V.C.6. Major stationary source means major stationary source as defined in Section 11.A.24. 

of Part D of this regulation. 

V.C.7. Net emissions increase means net emissions increase as defined in Section 11.A.26. 

of Part D of this regulation. 

V.C.8. Netting is designed to exempt modifications of existing major stationary sources from 

new source review requirements if the resultant impact does not exceed any of the 

significant values found in the definition of significant in Section 11.A.42. of Part D of 

this regulation. 

Non-inventoried source means any source that has not been recorded on the 

ivision's emission inventory system. 

gistry means the Division's record of the certification and use of em1s 

reductions. 

V.C.12. Significant means significant as defined in Section 11.A.42. of Part D of this regulation. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 31 

V.C.13. Surplus means emission reductions not required by current regulations, relied on for 

state implementation plan planning purposes, and not used to meet any other 

regulatory requirement. 

.C.14. Open Dust means solid or other air borne particulate matter (excluding particula s 

produced directly during combustion) resulting from natural forces or from surf ce 

use or disturbance. including, but not limited to, all dust from agriculture, co truction , 

forestry, unpaved roads, mining, exploration, or similar activities in which rth is 

ither moved, stored, transported or redistributed. 

V.C.15. Bas ine emissions are equal to the product of the: 

Emission Rate (ER), specified in terms of mass mission per unit of 

p duction or throughput (e.g. , pounds sulfur dioxide r million British 

ther al units or pounds of volatile organic compou s per weight of solids 

applie 

V.C.15.b. rage hourly capacity utilization (C ) e.g., millions of British 

thermal unit er hour or weight of solids a lied per hour; and 

V.C.15.c. 

V.D. Procedure for Certification of Emissions 

V.0 .1. The owner or operator of a source 

) during the relevant time period i.e., 

t baseline emissions for a bubble are 

all sources involved in the trade. 

reduction anticipated to occur a r the ffective date of this section , provided the 

owner or operator files his app · ation pri to the occurrence of the reduction, at a 

time at which the source is e itting the bas line emissions of the subject pollutant. 

Sources that shutdown pri to the applicatio to bank or trade have zero emissions, 

and therefore no credit i available. 

V.0 .2. Upon receiving an a lication for certification, the · ision may require the applicant 

to submit all data d calculations necessary to veri he baseline emissions or the 

reduction of emi ions below the base level including, t not limited to, 

documentatio of operating hours and inputs. The Divisi may also require the 

applicant to erform source tests to establish the baseline e issions or the reduction 

of emissio s below the baseline emissions. The Division sha not certify reductions 

anticipa d to occur after the effective date of this regulation un · the reductions have 

occurr. d and been verified. 

V.D.3. Division shall maintain an emissions reduction registry, in which i hall maintain 

record of all certified emissions reductions, and of the use of certified 1ss1ons 

reductions in emission credit transactions. The information contained in s ch registry 

shall include the name and address of the owner or operator of the source c ating 

the emissions reduction, the location of the source, its stack parameters. the 

temperature and velocity of its plume, particle size, the existence of any hazard s 

pollutants, daily and seasonal emission rates, and any other data that might 

reasonably be necessary to evaluate future use. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 32 

If the Division determines that certification should be granted it shall modify the 

permit of the applicant to provide that the allowable emissions are equal to the level 

of current emissions utilized in the calculation of the emissions reduction. The owne 

or operator of a source not required to obtain a permit by provisions of law other t n 

this section shall be required to apply for and accept a permit as a condition of 

btaining a certified emissions reduction. Such permits shall contain only tho 

c ditions necessary to.ensure the enforcement of the emissions limitation 

app · ble to the source as a result of certification of its emissions reducti 

V.D.5. The am nt of the emissions reduction to be certified and entered in e registry shall 

be calcula d as follows: 

emissions reduction that has occurred in an 

attainme maintenance area, the amount of the ce tied emissions reduction 

shall be 90 ercent of the amount by which emis · ns have been reduced 

below the bas line emissions. 

V.D.5.b. For any emission reduction that has occ rred in a nonattainment area, the 

amount of the certifi emission reducti shall be 80 percent of the amount 

by which emissions ha been reduc below the baseline emissions. 

revision. 

V.D.6. An application ma e filed for approval of the use of a ce · 1ed emissions reduction 

in an emissions edit transaction simultaneously with the fill of a certification 

application, or ithin seven years after certification has been g nted. If the 

transaction ould require the modification of permits held by mor than one person, 

the appli ion shall be jointly submitted by all potentially affected p mittees. The 

Commi ion shall determine whether to approve all bubble and altern ive 

"com ance method transactions, or any offset transactions that, pursua to Section 

V. ., require a state implementation plan revision. The Division shall dete ine 

ether to approve all netting transactions, or any offset transactions for wh1 no 

state implementation plan revision is required . The Commission may approve e 

use of a certified emissions reduction credit as an alternative compliance metho · 

lieu of a specified control technique guidance method or reasonable available contr 

technology. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 33 

Applications for certification of emissions reductions and approval of transactions 

shall be made on forms provided by the Division . Any source applying for approval of 

an alternative compliance method transaction shall submit to the Division a 

construction permit application in accordance with Regulation Number 3, Part B, 

Section Ill. for the construction or modification, reflecting the source and propose 

use of the emissions credit. The application shall contain information sufficient t 

emonstrate that the criteria set forth in Section V.F. of this Part A are met as ell as 

t criteria for approval of the state implementation plan revision. The Divisi shall 

re · w the application and prepare its preliminary analysis in accordance · h 

Reg ation Number 3, Part B, Section 111.B. The source requesting appr al for the 

transa ion and the state implementation plan revision should be grant , and shall 

provide ith its petition , a copy of the preliminary analysis of the Divi · n. The 

Division s II not grant initial approval of any such application until e Commission 

has approv the transaction , the source has met the conditions aced on the 

transaction b he Commission, and the requirements of all oth applicable 

regulations are et. 

V.D.8. Where the owner o perator of a source requests a state · plementation plan 

revision pursuant tot ·s Section V., the Commission sh set a hearing on the 

proposed revision to b eld in accordance with the pr cedures set forth in Colorado 

Revised Statutes Section 5-7-119. With respect to pplications for certification of 

emissions reductions, or to approval of any nettin ransactions, or offset 

transactions within the Divisi 's jurisdiction und Section V.H.2., the same time 

limitations for emission permit s found in Pa Section 111.B. of this regulation shall 

apply. 

V.D.9. Applicants for certification of an emi ion reduction, or for approval of any emission 

credit transaction, shall be assessed f for time spent by Division personnel in 

evaluating such applications in accor · h the criteria for assessment of emissions 

permit fees set forth in Section Vl.C f tht Part A. Where more than one person 

applies for approval of a transacti , all sue persons shall be jointly liable for the 

fees assessed. Applicants shall e responsil:5 for paying such fees regardless of 

whether the Division approves r denies an ap ·cation. The costs of D.ivision review 

of any emissions modeling o other information n essary for the Division to 

formulate recommendatio to the Commission re rding any proposed emission 

credit transaction shall b included in the costs attrib ed to the permit application for 

the source(s) seeking proval of the transaction ands all be paid by the source 

regardless of whethe the emission credit transaction is proved. 

utilize a certified emissions reduction in king demonstrations of . 

attainment, or r asonable further progress toward attainment the National Ambient 

Air Quality St dards, within seven years after the date of certifi tion, or at any time 

after an ap cation for use of the certified emissions reduction in ransaction has 

been appr ved. Where no application has been filed for the approv of the use of a 

certified missions reduction within seven years after certification was ranted , the 

state all subsequently utilize the reduction in making demonstrations attainment, 

or r sonable further progress towards attainment of the National Ambie Air Quality 

St dards. This seven-year period shall be tolled during any time in that th e is a 

nding application before the Division or the Commission for approval of a 1:5 bble, 

netting, or offset transaction based on the certified emissions reduction . 

. 11 . Applications for approval of transactions involving PM 10 (fine particulates for 

Prevention of Significant Deterioration increment consumption), sulfur dioxide, carbo 

monoxide, lead, and oxides of nitrogen (where visibility impacts are of concern), shall 

be subject to the following ambient air quality modeling requirements: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 34 

5 CCR 1001-5 

V.D.11.a. De minimis: In general modeling is not required to determine the 

ambient equivalence of trades in which applicable net baseline emissions do 

not increase and in that the sum of the emissions increases, looking only at 

the increasing sources, 15 tons per year for PM 10, 40 tons per year for sulf r 

dioxide, 100 tons per year for carbon monoxide, 40 tons per year for nitr en 

oxide (where visibility impacts are of concern), or 0.6 tons per year for ad, 

after applicable control requirements. For purposes of Prevention of 

·gnificant Deterioration any increase in PM10 should be modeled 

V.D.11 .b. In general, modeling to determine ambient e 

V.D.11 .b.(ii) relevant sources are locate in the same immediate 

vicinity (wit · 250 meters) of each ot r; 

V.D.11 .b.(v) ith increasing base · e emissions are sufficiently tall 

to avoid po 1ble downwash situations, s determined by good 

engineeri practice; 

V.D.11 .c. vel II: Bubble trades that are neither De minim1 nor Level I may 

nevert less be evaluated for approval based on modeling determine 

amb· nt equivalence limited solely to the impacts of the speci 

so ces involved in the trade, if: 

There is no increase in applicable net baseline emis · 

V.D.11 .c.(ii) If the potential change in emissions before and after the 

trade will not cause a significant increase in pollutant concentration 

at any receptor for an averaging time specified in an applicable 

ambient air quality standard; and 

CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 35 

V.D.11 .c.(iii) Such an analysis does not predict any increase in ambient 

concentrations in a Class I or Category I area. However, a bubble 

will not be approved under Level II where evidence clearly indicates 

the bubble would create a new violation of an ambient standard or 

Prevention of Significant Deterioration increment or would delay t 

planned removal of an existing violation. The change in 

concentration from the before-trade case to the after-trade cas 

ust, in general, be modeled using refined models for each 

a propriate averaging time for the relevant national ambien ir 

qu ity standards for each receptor, using the most recent II year of 

met rological data. Other techniques may be approve here . 

sourc show they equally well protect national ambie air quality 

standa s, applicable Prevention of Significant Deteri ration 

incremen , and visibility. For example, in limited ci umstances 

conservati screening models may be acceptabl in lieu of refined 

models. In ch cases, use of a full year of met rological data may 

not be neces ry. Such screening models ma e acceptable 

where: (A) the creening model shows that a the emissions from 

the stack(s) with creasing emissions woul not produce 

exceedances of th Level II significance v ues; (8) the stack 

parameters at the s ck(s) with increasin emissions do not change; 

and (C) the screenin odel shows th the increase in emissions at 

the increasing stack(s) ould not pro ce exceedances of these 

significant values. 

In determining significant im act r Level II bubble trades, the 

Division will use the following · nificance values to identify trades 

whose potential ambient imp need not be further evaluated before 

approval: 

8-micrograms/cubic met 

for PM10; 

4-m icrog rams/cubic annual arithmetic mean 

for PM10; 

13-micrograms/. ubic meter (μg/m3) for any 

for sulfur diox· e; 

46-microgr ms/cubic meter (μg/m3) for any threesulfur dio rde; 

3-micr. grams/cubic meter (μg/m3) for any annual peri 

diox· e; 

5 5-micrograms/cubic meter (μg/m3) for any eight-hour per 

arbon monoxide; 

2,300-micrograms/cubic meter (μg/m3) for any one-hour period 

carbon monoxide; 

0.1 micrograms/cubic meter (μg/m3) for any three-month period for 

lead. Except that: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 36 

V.D.11 .e. 

V.D.11 .c.(iii)(A) For offset transactions, significant impact shall be 

determined by the values found in the table of significant 

values in Section Vl.D.2. of Part D of this regulation. 

V.D.11 .c.(iii)(B) Only process fug itive emissions vented through 

stacks may be approved in a Level II analysis. 

V.D.11 .c.(iii)(C) Trades involving open dust sources may n 

proved in a Level II analysis. 

V.D.11 .c.(iii)(D) Trades involving complex terrain ca 

proved with a Level II analysis. 

LEVEL Ill full dispersion modeling considering I sources affecting 

e's area of impact is required to determine a ient equivalence if 

net baseline emissions will increase as result of the trade, or if 

nnot meet criteria for approval unde e Minimis, Level I or Level 

V.D.12. Following the certification of an em is s reduction, if the Division determines that 

certification was granted on the b 1s of aud or material misstatement or omission, 

the Division shall revoke certific ion of th eduction. Certification shall be revoked 

only after the owners or opera rs of the affe ed sources have received notice and, if 

requested, a hearing has b n conducted . In ch cases the Division shall also 

modify the permit of the s rce that has used the missions reduction, so that the 

permit will contain all c ditions that would have ap lied if the emissions reduction 

had not been certifie nitially. 

V.E. Criteria for Certification o missions Reductions 

An emissions reduction shall , provided it meets 

the following criteria: 

V.E.1. Thee issions reduction shall be surplus. Surplus reductions are tho e below the 

bas ine emissions. The baseline emissions shall be determined as fo ws: 

5 CCR 1001-5 

.E.1.a. In attainment and attainment/maintenance areas, the baseline emis 'ons 

shall be a source's actual emissions of the subject pollutant, or allowa e 

emissions whichever is lower, for the three baseline factors. Reasonab 

Available Control Technology shall be as set forth in the State 

implementation plan for the source. Where Reasonably Available Control 

Technology has not been determined in the state implementation plan for the 

source, it shall be determined by the Division. 

CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 37 

V.E.1 .b.ln nonattainment areas for which there is a demonstration of attainment of 

the National Ambient Air Quality Standards approved by the U.S. EPA the 

baseline emissions shall be actual emissions, provided, however, the 

baseline emissions shall not exceed reasonably available control technolo 

as defined in the state implementation plan or the level of emissions use by 

the state in making a demonstration of attainment. 

V.E.1 .c. In nonattainment areas for which there is not a demonstration of at inment 

of National Ambient Air Quality Standards approved by the U.S. A, the 

baseline emissions shall be the lower of: 1) the actual emission , 2) 

allowable emissions under the state implementation plan or 3 allowable 

emissions if the source is subject to Reasonably Available ntrol 

Jechnology. 

V.E.1.d.E · sion rate, capacity utilization and hours of opera!' n must be used to 

com te pre-trade and post-trade emission levels. aseline must be 

establi ed on an annual basis and for all other av raging periods consistent 

with the levant National Ambient Air Quality St dards and Prevention of 

Significan eterioration increments. 

V.E.2. No emissions reductio shall be certified if the Divi ·on has relied upon the 

occurrence of the reduc · n in demonstrating atta· ment of the National Ambient Air 

Quality Standards or reas able further progre towards attainment, or in 

establishing a baseline con ntration. 

V.E.3. 

V.E.4. ce areas, reductions at major stationary 

er January 1, 1975 may be able to qualify 

for credit whether such reductio occurr before or after the Prevention of 

Significant Deterioration baseli e triggering ate. Other emission reductions (e.g., at 

minor sources) cannot qualif for credit wher the Prevention of Significant 

Deterioration baseline dat s or has been trigg red and such reductions occurred 

prior to the trigger date, less these reductions e not assumed in the Prevention of 

Significant Deterioratio baselines. Since banked ission reduction credits must be 

considered to be "In e Air" for all planning purpose if the baseline date is triggered 

before banked ere · s are actually used, such banked edits will be considered as 

part of the baseli and will not consume increment whe used in an emissions 

trade. 

In attain me and attainmenUmaintenance areas where the P vention of Significant 

Deteriora · n baseline has not been triggered as of the date the ermitting authority 

takes re vant final action on the trading transaction, reductions b ow current state 

imple entation plan or permit limits generally may be used without cial 

restr' lions in bubble or banking transactions, provided they are othe ise creditable 

an there is assurance that National Ambient Air Quality Standards will ot be 

·01ated due to any potential increase in actual emissions. However, red lions at 

sources other than major stationary sources on which construction comme ed 

before January 1, 1975 may not be used to balance increases at such pre 1 5 

major sources. 

Emission reductions achieved by shutting down an existing source or curtailing 

production or operating hours below baseline levels may be generally credited if sue 

reductions are permanent, quantifiable, and federally enforceable, and if the area has 

an U.S. EPA-approved attainment plan. In addition, the shutdown or curtailment is 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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V.F. 

creditable only if it occurred on or after the date specified for this purpose in the plan, 

and if such date is on or after the date of the most recent emissions inventory used in 

the plan's demonstration of attainment. Where the plan does not specify a cutoff 

date for shutdown credits. the date of the most recent emissions inventory or 

attainment demonstration, as the case may be, shall apply. However, in no event 

may credit be given for shutdowns that occurred prior to August 7, 1977. For 

purposes of this section a permitting authority may choose to consider a prior 

shutdown or curtailment to have occurred after the date of its most recent em· sions 

· ventory, if the inventory explicitly includes as current existing emissions t 

e issions from such previously shutdown or curtailed sources . 

. Such reductions may be credited in the absence of an approv d attainment 

emonstration only if the shutdown or curtailment occurred n or after the 

te the new source permit application is filed , or, if the a licant can 

es lish that the proposed new source is a replaceme for the shutdown or 

curta d source, and the cutoff date provisions of Sec on A, above, are met. 

V.E.6. No emission red lion credits are allowed from mobile so ces unless those sources 

are subject to amb1 nt impact and new source review p itting. 

V.E.7. Reductions down to co pliance levels may not quar for emission reduction credit. 

V.E.8. If an existing source comm s to switch to a clea r fuel at some future date, 

emission reduction credit is owable only if a ermit is conditioned to require use of 

a specified alternative control easure that ould achieve the same degree of 

emission reduction should the s rce swit back to a dirtier fuel at some later date. 

The Division will ensure that adeq te lo g-term supplies of the new fuel are 

available before granting the reducti redit. 

V.E.9. the Federal Act shall not be creditable as 

emission reductions. Incidental 1ss1on ductions that are not otherwise required 

by the Federal Act are creditab as emissio reductions if such emission reductions 

meet the requirements of Se ion V. of Part D f this regulation, if applicable and this 

Section V. 

V.E.10. The total tonnage of in eased emissions, in tons p year, resulting from a major 

modification that mu e offset in accordance with Se tion 173 of the Federal Act 

shall be determine y summing the difference between he allowable emissions (as 

defined in Sectio .8 .7. of this part) after the modification nd the actual emissions 

(as defined in S ction 11.A.1. of Part D) before the modificati for each emissions 

unit. 

s reduction in an emission credit transaction shall be approve 

he transaction shall involve like pollutants. For toxic or volatile organic co 

pollutants, the trade should involve the same degrees of toxicity or photoche ·cal 

reactivity or else a greater reduction may be required. New or modified majors rces 

of a PM10 precursor can only obtain offsets from emissions reductions in that sa 

PM10 precursor or in PM10. New or modified major sources of PM10 can only 

obtain offsets from emissions reductions in PM10. The offsets must be greater than 

one for one and represent a net air quality benefit in the area the source is proposing 

to locate or modify. (See exception in Section V.H.8.) 

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V.F.2. No transaction shall be approved if it will result in an increased concentration, at the 

point of maximum impact, of hazardous air pollutants. 

Where a significant fraction of a criteria pollutant stream has been listed as 

hazardous by the Commission under Regulation Number 8 or the U.S. EPA under 

United States Code, Title 42, Section 7412 but has not yet been regulated, emis ions 

containing that pollutant from sources within two hundred and fifty meters of e h 

ther may only be traded against each other on a greater than one for one b sis that 

a sures a net decrease in emissions of the hazardous pollutant. 

V.F.4. Haz ous and non-hazardous emissions of the same criteria pollutan ay be 

traded ainst each other, provided the total emissions containing th hazardous 

pollutant om the sources involved in the transaction are required decrease as a 

result of th transaction. 

V.F.5. ay be approved that is inconsistent with anY, tandard established by 

the Federal Act, e state Act or the regulations promulgate under either, or to 

circumvent New S urce Performance Standards require nts or Best Available 

Control Technology lthough the Commission may app ve a transaction using a 

certified emissions re ction credit in lieu of a specifi control technique guidance 

method or reasonably a ilable control technology. 

V.F.6. 

V.F.6.a. The source at which th 

nonattainment area. 

V.F.7. Emission reduction credits ay not be used tom t applicable technology based 

requirements for new so ces such as New Source erformance Standards, Best 

Available Control Tee ology, or Lowest Achievable mission Rate, although the 

Commission may ap ove a transaction using a certifie emissions reduction credit in 

lieu of a specified ntrol technique guidance method or asonably available control 

technology. 

V.F.8. Trades lnvol · g Open Dust: Sources of particulate emissions ay be approved 

through ca by case state implementation plan revisions based n modeled 

demonstr. tions of ambient equivalence. Sources proposing such ades must 

commi as part of the trade's approval, to: 

.a. Undertake a post approval monitoring program to evaluate the i 

control efforts, and 

V.F.8.b. Make further enforceable reductions if post trade monitoring indicates 

open dust controls do not produce the predicted air quality results. 

The federal land manager must be notified if an emissions trade will take place with1 

one hundred kilometers of a Prevention of Significant Deterioration Class I area. 

Notification must occur early enough in the review process to allow at least thirty 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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days for the submittal of comments before the trade will be approved by the 

reviewing authority. 

Where a bubble within fifty kilometers of a Prevention of Significant Deterioration 

Class I area is submitted as a case-by-case state implementation plan revision, th 

Division may call for additional technical support, beyond the applicable require ents 

of the modeling screen if deemed necessary to protect air quality in the Class area. 

V.F.10. E ct on Trades of Subsequently-Discovered Clean Air Act Problems: R 1sitation 

Con iderations - If ambient violations are discovered in an area where t Division 

has a roved a trade, or if other violations of the act are discovered in at area, 

sources ·n the trade should be aware that they are potentially subjec o requirements 

for additio al emission reductions, just as are all other sources in t 

V.F.11 . For volatile o anic compound and nitrogen oxide trades, poun for pound trades will 

be considered ual in ambient effect where all sources invol ed in the trade are in 

the same control trategy demonstration area (nonattainme t area) or if outside that 

area are sufficient! close to show an equal effect. 

V.F.12. For volatile organic co ound trades involving surfa coating , the emissions must 

be calculated on a solids pplied basis and should ecify the maximum time period 

over which the emissions ay be averaged, not t xceed twenty-four hours. 

V.F.13.a. PM10, sulfur diox 

scale dispersion modeling 

V.F.13.b. 

V.F.13.c. 

V.F.13.d. Lev II trades involving process fugitive M10, sulfur dioxide , 

carbon m oxide or lead emissions not discharge through stacks; 

Trades involving Emission Reduction Credits m mobile sources 

ection V.E.7.); 

Trades involving sources that are subject of a notic of violation 

(NOV), noncompliance penalty action or the filing of a judicial 

V.F..13.g. l~terstate trades; 

Volatile organic compound trades with averaging times longe 

twenty-four hours; 

V.F.13.i. Trades involving work practice and equipment standards; 

V.F.13.j. Trades involving negotiated Reasonably Available Control 

Technology baselines: 

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V.F.13.k. Trades affecting areas that need but lack approved demonstrations 

of attainment. 

V.F.13.1. Emission credit transactions used as an alternative compliance 

method. 

14. No emission credit transaction shall be approved unless the terms of the tran 

are incorporated in permits applicable to the originating (as applicable) and 

emissions sources. 

V.F .15. E ·ssion credit transactions that require a state implementation plan 

con · ered by the Commission on a case-by-case basis. The sour requesting 

appro I of the transaction has the burden of demonstrating that the criteria of this 

Section .F., are met and of demonstrating that all applicable r uirements for 

approval the state implementation plan revision has been t. 

V.G. Bubble Transactions 

V.G.1. An owner or oper or of an existing source may appl;-: o the Commission for approval 

of a state implemen tion plan revision establishing bubble. The bubble shall 

establish new emissio s limitations for two or mor facilities or operations within the 

source. 

V.G.2. 

V.G.3. As part of the certification process, 

reduced at the facility or operation h re the emissions reduction has occurred in 

accord with Section V.D.5. As p, rt oft bubble approval, the Commission may 

approve an increase in the tot allowable missions at the other facilities or 

operations covered by the b ble, by an a unt not to exceed the amount of the 

subject certified emissions eduction. 

V.G.4. y extend compliance deadlines 

otherwise required b Commission regulations for latile organic compounds or 

issions, provided the following c · eria are met: 

V.G.4.a. The applicant must demonstrate to the s isfaction of the 

Co ission that reasonable further progress towa the attainment of the 

N onal Ambient Air Quality Standards under the sta implementation plan 

all be maintained either by: 

V.G.4.a.(i) Achievement of emissions reductions earli 

required by certain facilities or operations covered b 

V.G.4.a.(ii) Temporary use of a certified emissions reductio o assure 

reasonable further progress toward attainment of the Natio al 

Ambient Air Quality Standards. 

If subsequent to the approval of a bubble, the Commission promulgates new 

regulations or amends existing regulations applicable to a source for which the 

bubble has been approved, the source shall be required to meet the new or amend 

regulations, irrespective of the bubble, by either further reducing emissions or using 

certified emissions reductions as offsets. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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V.G.6. Bubble applications in areas that require but lack approved demonstrations of 

attainment, i.e., non approved state implementation plans, must be accompanied by 

assurances of consistency with ambient progress and air quality planning goals 

specified below: 

V.G.6.a. The resulting emission limits comply with the reduction require 

of Section V.D.5.c., and the baseline requirements of Section V.E. : 

The bubble emission limits will be included in any new st 

implementation plan and associated control strategy demonstra · 

The bubble will not constrain the Division's ability to btain any 

dditional emission reductions needed to expeditiously at in and maintain 

ient air quality standards; 

V.G.6.d. The Division is making reasonable efforts ta evelop a complete 

approva le state implementation plan and intend o adhere to the schedule 

for such velopment (including dates for comp tion of emission inventory 

and subseq nt increments of progress) state in or with the letter formally 

submitting the ubble. 

V.G.7. Bubbles should not increa Ordinarily, bubbles 

may not result in an increas in applicable net aseline emissions. Such a bubble 

would require a case-by-case late implem tation plan revision, and may only be 

approved based upon a combin Level II and Level II modeling analysis (i.e., an 

analysis sufficient to show that all plic le requirements of a full Level Ill analysis 

are met, and that the bubble would esult in any exceedance of significance 

values specified for a Level II analys· t any receptor for any averaging time 

specified in an applicable ambient ir q lity standard). 

V.G.8. Bubbles should not increase e 

V.H. Offset Transactions 

V.H.1. The owner or operator fa source at which an em is ·ons reduction has occurred, 

and the owner or op ator of another source who wish s to use the emissions 

reduction as an o et, may apply for approval of an offs transaction . In such 

transactions ce · 1ed emissions reductions may be applie o avoid causing a 

violation of an · crement in an attainment or attainment/mai nance area, or to meet 

the require nts of Section V.A.3. of Part D of this regulation. A certified emissions 

reduction ay not be used as an offset for the purpose of comp ·ng with an existing 

applicab emissions control regulation, except for Reasonably Av ·1able Control 

Techn ogy. 

V.H.2. Division shall determine whether to approve an offset transaction in 

Where the source using the emissions reduction would be allo 

increase emissions by less than one hundred tons per year. 

V.H.2.b. Where the transaction involves volatile organic compounds or oxide 

of nitrogen emissions. 

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V.H.2.c.Where the transaction involves sulfur dioxide, PM10 or carbon monoxide 

emissions, and all sources involved in the transaction are within two hundre 

and fifty meters of one another. 

Any proposed offset transaction, other than those referred to in Section V. 

6 treated as a req~est to the Commission for a state implementation pl 

V.H.4. Source of PM10 precursors, sulfur dioxide, nitrogen oxide and 

must see ffsets within reasonably close proximity. Sources itrogen oxide and 

volatile orga · compounds may seek offsets over a greater ea. However, for 

widely disperse and volatile organic compound trades, 1gher offset may be 

required. 

V.H.5. 

V.H.6. monstration, banked Emission 

Reduction Credits from shut wns or curtail nts may be used for offsets only if the 

criteria stated in Section . .5-b. of Part A of th1 egulation are met. 

V.H.7. In nonattainment ar. s with approved demonstrations, anked Emission Reduction 

Credits may be ed for offsets in any trade provided the riteria stated in Section 

V.E.5.a. of P A of this Regulation are met. 

V.H.8. Interpol ant offsets (other than those offsets discussed above) 

U.S. A on a case-by-case basis provided that the applicant demo trates, on the 

b 1s of U.S. EPA-approved methods where possible, that the emission increases 

rom the new or modified source will not cause or contribute to a violation an 

ambient air quality standard. A source's permit application that includes such n 

interpollutant offset proposal shall not be approved by the Division until there ha 

been an opportunity for public hearing on the proposed emissions trade and until 

written approval has been received from the U.S. EPA. 

V.I. Net~ing Transactions 

V.1.1 . Netting may exempt modifications of existing major sources from certain preconstruction permit requirements under new source review, so long as there is no 

significant net emission increase, as net emissions increase is defined in Section 

11.A.26. of Part D of this regulation. By netting out, the modifications is not 

considered major and therefore not subject to pre-construction permit requirements 

for major modifications as follows: 

V.1.1 .a. Section VI. of Part D of this regulation, for prevention of significant 

deterioration; 

V.1.1 .c. 

sion shall grant such an exemption if the emissions reduc · alifies as an 

mission Reduction Credit under Regulation Number 5 meets the criteria m 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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VI. 

VI.A. 

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

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

modified facility, does not constitute a significant increase of pollutants. 

An increase of pollutants shall be considered significant if it equals or exceeds the 

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

Vl.A.1 . Eve person required to obtain a Construction or Operating Permit or t file an Air 

Pollut n Emission Notice shall pay fees as set forth in the following s tions. Such 

fees sh be charged to recover the direct and indirect costs incurr by the Division 

in proces · g permit applications, issuing permits, and in conduct" g a compliance 

monitoring d enforcement program. Such fees shall apply wi out regard to 

whether a per it is issued, denied, withdrawn, or revoked . F s shall be charged as 

indicated in Sec · n Vl.D. of this part. 

Vl.8. Permit Processing Fees 

Vl.8.1. Applicants for a permits II be assessed total fees at shall be partially determined 

at the time that the Divisio akes its decision w ther to issue preliminary approval 

of the permit and partially at e time the Divisi makes its decision whether to issue 

final approval. 

Vl.8.2. The partial fee collected at the time he · ision makes its decision whether to issue 

preliminary approval of the permit sh nclude the costs associated with the 

preliminary engineering evaluation , o ling, and analysis of impact on ambient air 

quality, notice and publication req · eme , and such other costs as are required for 

the aforementioned activities inc red by th Division up to the time of the decision of 

whether to issue preliminary a roval. 

Vl.8.3. The final fee collected at t time the Division ma s its decision of whether to issue 

final approval shall inclu e the balance of the total o all costs associated with 

enforcement of any te s and conditions of the emiss n permit, the supervision of 

compliance testing, otice and publication requirements, nd such other costs as are 

required for the pr. cessing, issuance, and administration the permit. 

Vl.8.4. If the Division equires more than thirty hours to process an ap lication, the Division 

shall inform e owner or operator of the source and provide an timate of what the 

actual ch ges may be, prior to commencing with processing of th application, 

unless e owner or operator waives this requirement in writing. 

Vl.8.5. All ermit processing fees assessed must be received within thirty days the date of 

r ipt of the written request therefore. All fees collected under this regula · n shall 

e made payable to the Colorado Department of Public Health and Environm nt. 

Construction permits shall not be issued until all such assessed fees have bee aid. 

Permits issued in accordance with Part C of th is regulation may be issued upon 

approval by the Division of a fee payment schedule. 

Annual Emissions Fees 

Vl.C.1 . As used in this Section VI., in accordance with Colorado Revised Statute Section 25-

7-114.7, regulated air pollutant means: · 

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A volatile organic compound; 

Vl.C.1.c. Each pollutant regulated under Section 111 of the Federal Act (New 

Source Performance Standards); 

Vl.C.1.d. Each pollutant for which a National Ambient Air Quality Standard has 

been promulgated, except for carbon monoxide; and 

Vl.C.1.e. Each pollutant regulated under Section 25-7-109, except GHG of the 

state Act. 

Vl.C.1.f. The term regulated air pollutant does not include fugitive dust as 

defined in Section l.B.21 . of this Part A, or any fraction thereof. 

Vl.C.2. Every owner or operator of an air pollution source required .to file an Air Pollutant 

Emission Notice shall pay a nonrefundable annual emissions fee as set forth in 

Section VI . D .1 . of this Part A. 

Vl.C.3. All annual emissions fees assessed must be received within sixty days of the date of 

issuance of the written request therefore. All fees collected under this regulation 

shall be made payable to the Colorado Department of Public Health and 

Environment. 

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

al annual emissions of four thousand tons of each regulated air p utant per 

Vl.D. Fee Schedule 

VII. 

Vl.D.1. es and permit processing fees s II be charged in accordance 

with and in the amo ts and limits specified in t provisions of Colorado Revised 

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

$22.90 per ton. Annual e · sion fees for zardous air pollutants shall be $152.90 

· ment to pay annual emission fees. 

Vl.D.2. shall be charged in accordance with and in 

visions of Colorado Revised Statutes 

Confidential Information Data Contained in Air Pol 

Submitted Pursuant to Part C, 

nt Emission Notices, Permit 

tion V.C.6. 

VII.A. Upon written re st to the Division , any person filing an Air Polluta Emission Notice or 

permit appli ·on, or submitting reports pursuant to Regulation Numbe , Part C, Sections 

V.C.6. or . . 7., may request that information contained in such an Air Po tant Emission 

Notice ermit application, or report relating to secret processes or methods o anufacture 

or I) duction be kept confidential. The written request must identify the basis fa e claim 

t the information relates to secret processes or methods of manufacture or produ ·on. All 

information claimed as confidential must be segregated from the rest of the Air Pollutan 

Emission Notice, permit application , or report when submitted, with each page clearly mar 

as "Confidential," "Trade Secret," or other similar marking. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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The Division will evaluate confidentiality claims based on the written request. The burden of 

establishing that the information relates to secret processes or methods of manufacture or 

production is on the claimant. Emission data, as defined in Colorado Revised Statutes 

Section 25-7-103(11 .5), shall not be entitled to confidential treatment notwithstanding this 

Section VII., or any other law to the contrary. In no event shall an Operating Permit or the 

mpliance certifications submitted pursuant to Section 111.B.8. of Part C of this Regulation 

N ber 3 be entitled to confidential treatment. If the Division determines that informatio 

requ sted to be kept confidential is not entitled to confidential treatment, it shall provide 

written otice of this determination at least three working days prior to making such 

informat n available to the public. 

Vll.C. A request fo orifidential treatment of information or data submitted to the Divi ·on shall be 

deemed a limit d waiver by the applicant of the time constraints contained in ection 111.B. of 

Part B, or Sectio IV. of Part C of this regulation. Therefore, any delay in t processing of a 

permit application suiting from the Division's being required to give noti under Section 

Vll.B. , hereof, shall n t be considered in determining whether the time nstraints set forth in 

this regulation have be met. 

VIII. Technical Modeling and nitoring Requirements 

VIII.A. Air Quality Models 

Vlll.A.1.All estimates of ambient co ntrations required nder this Regulation Number 3 

shall be based on the applica le air quality mo els, databases, and other 

requirements generally approv 

Division. 

as a wind tunnel study, is proposed, the 

should be outlined to the Division at a predeemed incomplete until there has been 

osed model and written approval of the 

Vlll.B. Monitoring 

Vlll.C. 

Vlll.8.1.All monitoring must b performed in accordance with 

as approved by the ivision. 

Vlll.8.2.An owner or op ator may submit a monitoring program for 

modification t the Division for review. Within sixty days after 

Division sh 

Approve the monitoring program; or 

Specify the changes necessary for approval; otherwise, e 

monitoring program shall be deemed approved. 

1: is regulation sets limits for the maximum stack height credit to be used in ambient air 

quality modeling for the purpose of setting an emission limitation and calculating the air 

quality impact of a source. It does not limit the actual physical stack height for any source. 

The following shall not be considered in determining whether an emission limitation is met: 

Vlll.C.1. Stack height in excess of good engineering practice; or 

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Vlll.C.2. Any other dispersion technique except that the provisions of this Section 

Vlll.C. shall not apply to stack heights in existence or dispersion techniques 

implemented before December 31 , 1970. Sources that were constructed, 

reconstructed , or for which major modifications were carried out after December 3 

1970, and that are emitting pollutants from such stacks, or using such dispersio 

techniques, shall be subject to the provisions of this section. 

Vl ll.D.1. Stack in existence means that the owner or operator had: 

Vlll.D.2. 

Begun, or caused to begin, a continuous prog 

struction of the stack; or 

Vlll.D.1.b. ntered into binding agreements or co ractual obligations that could 

not be ca elled or modified without substa al loss to the owner or 

dertake a program of canst ction of the stack to be 

easonable time. 

chnique that attempts to affect the 

Vll l.0 .2.a. reheating of a gas stream, follo ing use of a pollution control 

system, r the purpose of returning the gas to he temperature at which it 

ginally discharged from the facility gener ·ng the gas stream; 

The merging of exhaust gas streams where: 

Vlll.0.2.b.(i) The source owner or operator demonstrat that the facility 

was originally designed and constructed with such m ged gas 

streams; 

Vlll.0.2.b.(ii) After July 8, 1983, such merging is part of a change · 

operation at the facility that includes the installation of pollution 

controls and is accompanied by a net reduction in the allowable 

emissions of a pollutant. This exclusion from the definition of 

dispersion techniques shall apply only to the emission limitation for 

the pollutant affected by such change in operation ; or 

Vlll.D.2.b.(iii) Before July 8, 1985, such merging was part of a change in 

operation at the facility that included the installation of emissions 

control equipment or was carried out for sound economic or 

engineering reasons. Where there was an increase in the emissions 

limitation or, in the event that no emission limitation was in existence 

prior to the merging, the reviewing agency shall presume that 

merging was significantly motivated by intent to gain emissions credit 

for greater dispersion. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 48 

Vlll.0.3. 

Vlll.0.4. 

5 CCR 1001-5 

Absent a demonstration by the source owner or operator that merging was 

not significantly motivated by such intent, the reviewing agency shall deny 

credit for the effects of such merging in calculating the allowable emissions 

for the source: 

Smoke management in agricultural or silvicultural prescribed bumin 

programs; 

Episodic restrictions on residential wood burning and open bu 

Techniques that increase final exhaust gas plume rise 

re lting allowable emissions of sulfur dioxide from the facility 

five ousand tons per year. 

Good En ineering Practice Stack Height means the gre 

Vlll.0.3.a. 

Vlll.0.3.b. For stac in existence on January 12, 1 79 and for which the owner 

or operator had ol) ined all applicable pre-co truction permits or approvals 

required, Hg = 2.SH, rovided the owner or erator produces evidence that 

this equation was actu lly relied on in esta ishing an emission limitation: and 

Vlll.D.3.c. 

Vlll.0.3.c.(iii) L =le er dimension (hei tor projected width) of nearby 

structure(s) ovided that the revie · g agency may require the use 

of a field s dy or fluid model to verify 

stack hel t for the source; or 

Vlll.0.3.d. ight demonstrated by a fluid model o field study approved 

by the revi ing agency, which ensures that the emis ·ons from a stack do 

not resul n excessive concentrations of any air polluta as a result of 

atmosr:i eric downwash, wakes, or eddy effects created b the source itself, 

struc res, or terrain obstacles. 

arby as applied to good engineering practice is: 

.a. For purposes of applying the formulae provided in Sections 

Vlll.0.3.b. and Vlll.0.3.c. in the definition of good engineering practic stack 

height means that distance up to five times the lesser of the height or th 

width dimension of a structure, but not greater than 0.8 kilometers (1/2 m1 

and 

Vlll.0.4.b. For conducting demonstrations in Section Vlll.0.3. in the definition of 

good engineering practice means not greater than 0.8 kilometers (1/2 mile), 

except that the portion of a terrain feature may be considered to be nearby 

that falls within a distance of up to ten times the maximum height of the 

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feature, not to exceed two miles if such feature achieves a height 0.8 

kilometers from the stack that is at least forty percent of the good engineering 

practice stack height determine by the formula or twenty-six meters, 

whichever is greater. 

Excessive concentrations for the purpose of determining good engineering 

ractice, stack height in a fluid model or field study, means: 

For sources seeking credit for stack height exceeding that 

established by the formulae, a maximum ground level concentratio due to 

emissions from a stack due in whole or part to downwash, wakes and eddy 

eels produced by nearby structures or nearby terrain feature that 

in ·vidually is at least forty percent in excess of the maximum oncentration 

exp ienced in the absence of such downwash, wakes, or dy effects and 

that c tributes to a total concentration due to emissions om all sources 

that is g ater than an ambient air quality standard . For, ources subject to 

the preve ion of significant deterioration program, an xcessive 

concentrati alternatively means a maximum grou level concentration 

due to emissi s from a stack due in whole or pa to downwash, wakes, or 

eddy effects pr uced by nearby structures or arby terrain features that 

individually is at I st forty percent in excess the maximum concentration 

experienced in the sence of such downw h, wakes, or eddy effects and 

greater than a preven ·an of significant de rioration increment. The 

allowable emission rate o be used in m ing demonstrations shall be 

prescribed by the new so ce perform nee standard that is applicable to the 

source category unless the wner o operator demonstrates that this 

emission rate is infeasible. er uch demonstrations are approved by the 

Division, an alternative emissio ate shall be established in consultation with 

the source owner or operator; 

Vlll.D.5.b.(i) Am ximum ground level c centration due in whole or part 

to downw h, wakes or eddy effects s provided in Section 

Vlll.D.5 .. above, except that the emis ·on rate specified by any 

applic le state implementation plan (or, · the absence of such a 

limit he actual emission rate) shall be use · or 

Vlll.D.5 .. (ii) The actual presence of a local nuisanc caused by the 

existing stack, as determined by the Division; an 

.5.b.(iii) For sources seeking credit after January 12, 979 for a stack 

height determined using the formula, where the Divisio requires the 

use of a field study or fluid model to verify good enginee · g practice 

stack height; for sources seeking stack height credit after vember 

9, 1984 based on the aerodynamic influence of cooling towe ; and 

for sources seeking credit after December 31 , 1970 based on e 

aerodynamic influence of structures not adequately represented y 

the formulae: a maximum ground level concentration due in whole r 

part to downwash, wakes or eddy effects that is at least forty percen 

in excess of the maximum concentration experienced in the absence 

of such downwash, wakes or eddy effects. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 50 

od For Determining De Minimis Levels For Non-Criteria Reportable Pollutants 

The fol wing procedures must be followed in order to determine the appropriate de minimis 

(mini mu reporting level for each pollutant that is emitted from each emission point at a co 1guous 

site. If you not wish to use the three-scenario approach at your facility, you may elect use 

Scenario 1 for II emission points. 

Definitions 

Release Point - the low t height above ground level from which the pollutant are emitted to the 

atmosphere. 

Property Boundary - the distan from the base of the release point to e nearest property boundary. 

Point - an individual emission point a group of individual emissi points reported on one Air 

Pollutant Emission Notice as provide or in Part A, Section 11.B . 

Methodology 

eing emitted from a point (single or grouped). 

STEP 1: 

Determine which of the three scenarios belo applies to e emission point. If different scenarios can 

be applied to the same emission point, us e highest num ered scenario that applies. In the case 

of grouped emission points, use the low t scenario number r the entire group) that applies to any 

of the single emission points within th group. 

Scenario 1: 

meters; 

Scenario 2: R ease point equal to or greater than 10 meters, b 

property bound equal to or greater than 100 meters, but less than 

Scenario 3· Release point equal to or greater than 50 meters, or prope 

to or gre er than 500 meters. 

STEP 2: 

Use Ap endix B to identify which of the three bins (Bin A, B, or C) the chemical is listed under. 

pollutant is not listed, it does not have to be reported unless it is included in a chemical 

mpound group. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
1""'-

0 2010 State of Colorado 

All Rights Reserved 

Chemical Bin 

Bin A 

Bin B 

BinC 

STEP 4: 

33 CR 22 and 23, 11-10 

Scenario 3 

De Minimis 

250 

2500 

5000 

Page 51 

Repeat the a steps for each pollutant emitted from each emission point (single o uped). One 

Air Poll Emission Notice must be filed for each emission point that emits one or more 

the de minimis level. 

APPENDIX B 

Non-criteria Reportable Pollutants (Sorted by BIN) 

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

HAPs means state-only hazardous air pollutant 

c,\S Toxics BIN/ 

HA""- 79345 1, 1,2,2-Tetrachloroethane v 

HAP N'9005 1, 1,2-Trichloroethane / ,, A 

HAP 75SS4 1, 1-Dich loroethylene (Vinylidene ch lo ride) / A 

HAP 57147'._ 1, 1-Dimethvl hvdrazine / A 

HAP 120821 "'-... 1,2,4-Trichlorobenzene / A 

HAP 96128 ' 1,2-Dibromo-3-chloropropane / A ,...... 

HAP 122667 i't,2-Diphenylhydrazine / A 

HAP 106887 1,N;.poxybutane / A 

HAP 75558 1,2-Proovlenimine (2-Methyl aziridine) / A 

HAP 106990 1,3-Butadlene / A 

HAP 542756 1,3-Dichloro~ene / A 

HAPs 55981 1,4-Butanediol dlm.._ethanesu~onate A 

HAP 106467 1,4-Dichlorobenzene--... / A 

HAPs 7644410 1,4-Dichloro-2-buten~ A 

HAP 123911 1,4-Dioxane (1,4-Dffithylen~ide) A 

HAP 1746016 2,3,7,8-TCDD.k[}ioxin) "'-... A 

HAP 88062 2,4,6-Tric~ophenol ~ A 

HAP 94757 2,4-D, ¢ts and esters (2,4-Dichloropftsooxyacetic acid) A 

HAP 51285 2,4-Jarnitrophenol "'-... A 

HAP 121142 ~-Dinitrotoluene "'-... A 

HAP 584849 v 2,4-Toluene diisocyanate ~ A 

91087 / 2,6-Toluene diisocvanate ~ A 

HAP 53227V 2-Chloroacetophenone "'-... A 

HAP 794.89 2-Nitropropane "'-... A 

HAP .)'19937 3,3'-Dimethvl benzidine " A 

HAP/ 91941 3,3-Dichlorobenzidene I~ 

H~ 119904 3, 3-Dimethoxybenzidine A "'-... 

/ 

/ '-..,_ 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 52 

\ CAS Toxics BIN 1/ )dAP 101144 4,4-Methylene bis (2-chloroaniline) A 

H)..P 101779 4,4-Methvlenedianiline A J 

HAI\ 534521 4,6-Dinitro o-cresol, and salts A / 

HAP\. 92671 4-Aminobiphenyl A/ 

HAP ,75070 Acetaldehyde A 

HAP )..5058 Acetonitrile J A 

HAP 1~028 Acrolein / A 

HAP 790~ Acrvlamide / A 

HAP 7910~ Acrylic acid / A 

HAP 107131 \. Acrvlonitrile / A 

HAPs 1402682 \ Aflatoxins / A 

116063 I'\. Aldicarb (Temik) / A 

HAPs 309002 Mldrin / A 

107186 Al.Iv! alcohol / A 

HAP 107051 AllW chloride / A 

20859738 Alurmoum phosphide / A 

HAP 62533 Aniline'\. / A 

HAP 0 Antimon~compounds / A 

86884 ANTU (alPha-naohthvlthiourea) / A 

HAP 0 Arsenic comoounds / A 

HAP 1332214 Asbestos \. / A 

HAP 71432 Benzene \. / A 

HAP 92875 Benzidine (p-Diam'i{io diphej(yl) A 

HAP 98077 Benzotrichloride \. / A 

HAP 100447 Benzvl chloride, (Chlorbu<ethvl)benzene A 

HAP 0 Bervllium compounds / \. A 

HAP 542881 Bischloromethyl ethe( \. A 

HAP 117817 Bis(2-ethylhexyl) pJ(thalate (~HP) (Dioctyl phthalate) A 

7726956 Bromine / '\ A 

HAP 75252 Bromoform / '\ A 

HAP 0 Cadmium c()lfipounds \. A 

HAP 156627 Calcium cwnamide \. A 

HAP 133062 Caplan/ \. A 

1563662 Carbof6ran \. A 

HAP 75150 Carb6n disulfide \. A 

HAP 56235 C~on tetrachloride '\. A 

HAP 120809 ¢'atechol '\. A 

HAP 133904 vchloramben (3-amino-2,5-dichloro benzoic acid)\. A 

HAP 57749 v Chlordane \. A 

HAP 7782505 / Chlorine \. A 

HAP 79118 / Chloroacetic acid \. A 

HAP 108907 / Chlorobenzene \. A 

10707~ Chloroethanol \. A 

HAP 676$3 Chloroform (Trichloromethane) '\. A 

HAP 1 C>'7302 Chloromethvl methyl ether '\. A 

HAP ,,1'26998 Chloroorene (2-Chloro-1 ,3-butadiene) r--.A 

HAP I 0 Chromium compounds (incl. 6+ compounds, etc.) !\. 

HAP/ 0 Cobalt compounds (as cobalt metal dust and·fumes) A\. 

HAP 0 Coke Oven Emissions A \. 

HAP 1319773 Cresylic acid/Cresols A I\ v 4170303 Crotonaldehyde A 

I/ 123739 Crotonaldehvde (E) A 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
\. 

I/ 

iO 201 0 Stale of Colorado 

A II Rights Reserved 

,CAS 

NAP 98828 

HAe 0 

HAF'\ 3547044 

'\ 8065483 

HAP i\.134883 

~287457 

HAP 11lM4 

HAP 6273'{ 

14166A. 

HAPs 60571 '\ 

HAP 111422 

115264 

60515 

HAP 77781 

HAP 68122 

78342 

152169 

298044 

115297 

72208 

HAP 106898 

563122 

HAP 140885 

HAP 106934 

HAP 107062 

HAP 151564 

HAP 75218 

HAP 96457 

22224926 

115902 

HAP 0 

944229 

HAP 50000 

110009 

HAP 0 . 

HAP 76448 

HAP 118741 

HAP 87683 

HAP 77474 

HAP 67721 

HAP 822060 

HAP 302012 / 

HAP 76470J{) 

HAP 766~93 

77j°3064 

~5736 

HAP 178591 

/ 4098719 

HAP/ 0 

Hi9cf> - ;fAP 0 

v 950107 

'\ 

\. 

'\ 

/ 

J 

/ 

33 CR 22 and 23, 11-10 Page 53 

Toxics BIN I 

Cumene A / 

Cyanide compounds A/ 

ODE (Dichlorodiohenyldichloroethylene) IY 

Demeton VA 

Diazomethane / A 

Diborane / A 

Dichloroethyl ether (Bis(2-chloroethyl)ether) /. A 

Dichlorvos / A 

Dicrotoohos / A 

Dieldrin / A 

Diethanolamine / A 

Dimefox / A 

Dimethoate / A 

\Dimethyl sulfate / A 

Oi.rnethvlformamide / A 

Di°"athion / A 

Diph0sohoramide, octamethyl / A 

Disulfo)Qn / A 

Endosulfl9,.n / A 

Endrin '\ / A 

EoichlorohydJ:.in (1-Chloro-2,3-en6xypropane) A 

Eth ion '\ / A 

Ethyl acrylate '\ / A 

Ethylene dibromid0..<1 2-D~romoethane) A 

Ethylene dichloride (\2-!0ichloroethane) A 

Ethylene imine (Aziridi~) A 

Ethylene oxide / '\ A 

Ethylene thiourea / '\ A 

Fenaminophos (~namipho~ A 

Fensulfothion / '\ A 

Fine mineralJfbers '\ A 

Fonofos / '\ A 

Formalde(iyde '\ A 

Furan / '\ A 

Glyc¢ ethers '\ A 

He~achlor '\ A 

Hexachlorobenzene '\ A 

IA-texachlorobutadiene '\ A 

Hexachlorocyclooentadiene '\ A 

Hexachloroethane '\ A 

Hexamethylene-1,6-diisocyanate '\ A 

Hydrazine '\ A 

Hydrochloric acid (Hydrogen chloride) '\ A 

Hydrooen fluoride (Hydrofluoric acid) '\ A 

Hydrooen sulfide '\ A 

lsodrin '\ A 

lsoohorone '\ A 

lsoohorone diisocvanate M 

Lead compounds (except elemental lead) A. 

Lindane (all isomers of hexachlorocyclohexane) A'\ 

Manganese compounds A '\ 

Mephosfolan A \ 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 54 

!\ CAS v Toxics BIN 

'NAP 0 Mercury compounds A 

\. 126987 Methacrylonitrile A / 

'\ 10265926 Methamidophos A/ 

'\ 950378 Methidathion ¥ 

HAP [\72435 Methoxvchlor VA 

M500 Methvl azinphos / A 

HAP 74'8...39 Methyl bromide (Bromomethane) / A 

HAP 748~ Methyl chloride (Chloromethane) / A 

HAP 60344\. Methyl hydrazine / A 

HAP 74884 \. Methvl iodide (lodomethane) / A 

HAP 624839 \. Methyl isocyanate / A 

74931 \ Methyl mercaptan (Methanethiol) / A 

HAP 75092 '\ Methylene chloride (Dichloromethane) / A 

HAP 101688 ~ethylene diphenyl diisocyanate (MDI) / A 

7786347 fV\evinphos / A 

505602 Mu's..tard gas (Dichlorodiethyl sulfide) / A 

HAP 121697 N-~ethyl aniline (N,N-Dimethylaniline) / A 

HAP 0 Nickel oompounds (incl. nickel subsulficte) A 

54115 Nicotine\. / A 

7697372 Nitric acid \. / A 

HAP 98953 Nitrobenzen9\ / A 

HAPs 55185 N-Nitrosodieth~mine / A 

HAP 62759 N-Nitrosodimeth~mine / A 

HAPs 924163 N-Nitroso-di-n-buty~mine / A 

HAP 90040 o-Anisidine \. / A 

HAP 95534 o-Toluidine y A 

1910425 Paraquat / \. A 

2074502 Paraquat methosulf~e '\ A 

HAP 56382 Parathion / '\ A 

298000 Parathion-me thy( \. A 

HAP 82688 Pentachloronilfobenzene (Quinto\.enzene) A 

HAP 87865 Pentachloroohenol '\ A 

HAP 127184 Perchloro~hylene (Tetrachloroethyle)\e) A 

HAPs 122601 Phenyl Qfyceryl ether (3 phenoxy 1,2 pf&.panediol) A 

298022 Phorqte '\ A 

HAP 75445 Phoioene \. A 

HAP 7803512 Ptfosphine \. A 

HAP 7723140 Jlhosphorous \. A 

HAP 1336363 I Polychlorinated biphenyls (PCBs) (Aroclors) \. A 

HAP 0 v Polycylic Organic Matter \. A 

HAP 57578 / Propiolactone, beta \. A 

HAP 114261 / Propoxur (Bavgon) \. A 

HAP 78875 / Propylene dichloride (1,2-Dichloropropane) '\ A 

HAP 75569' Propylene oxide \. A 

HAP 106445 p-Cresol \. A 

HAP 9J225 Quinoline \. A 

HAP A06514 Qui none "'-A 

HAP / 0 Radionuclides (includino radon) 'A.. 

HAP/ 0 Selenium compounds A\. 

/ 62748 Sodium fluoroacetate A '\ 

/ 131522 Sodium pentachlorophenate A \ v 57249 Strychnine A 

I/ 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
0 2010 State of Colorado 

All Rights Reserved 

1\1\CAS 

'\ 3689245 

'\ 13494809 

'\ 107493 

'\ 13071799 

\509148 

'\ - 10~85 

HAP 8001'3..52 

HAP 121449'. 

HAP 1582098'\ 

HAP 593602 '\ 

HAP 75014 ' 

81812 

129066 

1314847 

HAP 1120714 

HAP 95807 

HAPs 132274 

HAPs 60153493 

HAP 60355 

7664417 

HAPs 115286 

HAPs 108171262 

HAP 510156 

HAPs 117102 

HAPs 2646175 

1464535 

HAP 64675 

1642542 

HAP 60117 

HAP 79447 

HAPs 2475458 

HAP 51796 

HAP 75343 

144490 

HAP 680319 

55914 

HAPs 64091914 

16752775 

79221 

HAP 108101 / 

HAPs 78988 / 

HAP 108394/ 

HAP 91203" 

HAPs -/ 

HAP 5?(l92 

HAP ,.684935 

J 23135220 

HAP/ 95487 

/ 732116 

t)AP 85449 

/ 107448 

I/ 

33 CR 22 and 23, 11-10 

Toxics 

Sulfotep 

Tellurium 

TEPP (Tetraethyldithioovrophosohate) 

Terbufos 

Tetranitromethane 

Thallium compounds 

Thiophenol (Phenyl mercaotan) 

Toxaohene (Camphechlor) 

T riethvlamine 

Trifluralin / 

Vinyl bromide / 

' Vinyl chloride / 

\ Warfarin / 

"tilarfarin sodium / Z~c phosphide / 3~ropane sultone / 4-T~uene diamine / 

2-Biohe'R_ylol sodium salt / 

3-(N-Nitro).omethylamine) (Propionitrilef 

Acetamide '\ / 

Ammonia '\ / 

Chlorendic acid'\ / 

Chlorinated paratnfJs (C12, 60% chlorine) 

Chlorobenzilate (ettl-,{J-4,4'-dihlorobenzilate) 

Chrysazin (Dorbane) '\. / 

Cl Solvent Oranqe 2 y 

Diepoxybutane / '\ 

Diethyl sulfate / '\ 

Diethylchlorophos¢1ate '\. 

Dimethyl aminoaiobenzene '\ 

Dimethyl carbiJfnoyl chloride '\ 

Disperse Blue 1 '\ 

Ethyl carb¢nate (Urethane) '\. Ethylide~ dichloride ( 1, 1-Dichloroethan)iJ 

Fluoraietic acid '\ 

Hex¢nethylphosphoramide '\. 

ls¢'luorphate '\ 

j(etone, 3-pyridyl-3-(N-methyl-N-nitrosoamino) p)oopyl 

l'Methomyl '\ 

v Methyl chloroformate '\. 

Methyl isobutyl ketone (MIBK) {Hexone) '\ 

Methylglyoxal '\ 

m-Cresol 

Naphthalene 

Nitrilotriacetic acid, Ca-, Na-. K salts 

N-Nitrosomorpholine 

N-n itroso-N-methyl urea 

Oxamyf 

o-Cresol 

Phosmet 

Phthalic anhydride 

Sarin 

CODE OF COLORADO REGULATIONS 

Page 55 

I BIN 

A 

A I 

A/ 

A/ 

,A 

J A 

/ A 

/ A 

/ A 

A 

A 

A 

A 

A 

A 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

'\ B 

'\ B 

'\ B 

\ B 

'i3 

B'\ 

B '\ 

B \ 

8 I\ 8 

5 CCR 1001-5 
Page 56 

I\ CAS Toxics BIN I 

\. 7664939 Sulfuric acid B / 

\. 77816 Tabun B / 

\. 110576 Trans 1,4-dichlorobutene B/ 

HAP\. 71556 1, 1, 1-Trichloroethane (Methyl chloroform) .c 

HAP \ 540841 2,2,4-Trimethvloentane I C 

1"640885 Tertiary Butyl Acetate / c 

HAP 9~54 2,4,5-Trichlorophenol / c 

HAP 53~3 2-Acetylaminofluorene / c 

HAP 92933,,. 4-Nitrobiohenvl / c 

HAP 100021\. 4-Nitroohenol / c 

HAP 98862 \. Acetophenone / c 

814686 \. Acrylyl chloride / c 

54626 "\. Aminopterin / c 

78535 \ Amiton / c 

3734972 ~miton oxalate / c 

88051 ANline.2,4,6-Trimethyl / c 

1397940 Antl'mvcin A / c 

HAP 92524 Biphe)zyl / c 

534076 Bis(chl<Xomethyl)ketone / c 

10294345 Boron tric'\j_loride / c 

28772567 Bromodiolo)\e / c 

HAP 63252 Carbary! \. / c 

HAP 463581 Carbonyl sulfid~ / c 

786196 Ca rboph enoth ion\. / c 

470906 Ch lorfenvinfos \. / c 

24934916 Chlormeohos \./ c 

3691358 Chloroohacinone /\. c 

1982474 Chloroxuron / \. c 

21923239 Chlorthiophos / \. c 

56724 Coumaohos / \. c 

5836293 CoumatetralyV \. c 

535897 Crimidine / \. c 

675149 Cyan uric ,Kuoride \. c 

66819 Cycloh~amide \. c 

108918 Cyclo)foxylamine \. c 

919868 Dery(eton-s-methyl \. c 

10311849 D*11ifor \. c 

HAP 132649 .l'.libenzofurans \. c 

HAP 84742 I Dibutyl ohthalate \. c 

149746 / Dichloromethylphenylsilane '\. c 

HAP 131113 / Dimethyl phthalate \. c 

75183 / Dimethyl sulfide (Methyl sulfide) '\. c 

252403.0' Dimethylphosphorochloridothioate \. c 

9998l( Dimethyl-p-phenylenediamine \. c 

644M4 Dimetilan \. c 1~0071 Dinoterb \. c 

'62666 Diphacinone \. c 

J 541537 Dithiobiuret '\ c 

/ 2778043 Endothion ~ 

/ 13194484 Ethoorophos (Ethoproo) C\. 

/ 2642719 Ethyl azinohos c \. 

/HAP 100414 Ethyl benzene (Phenylethane) c '\ 

I \ 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
0 2010 State of Colorado 

All Ri ht~ Reserved 

\. CAS 

I\. 538078 

f\l\P 75003 

'\ 107153 

'\ 371620 

HAP \ 107211 

\.542905 

1~2145 

43~502 

7782~14 

640197\. 

359068 \ 

23422539 \ 

2540821 ' 

17702577 

21548323 

3878191 

4835114 

HAP 110543 

HAP 123319 

297789 

108236 

625558 

119380 

21609905 

HAP 108316 

HAP 67561 

2032657 

624920 

556616 

HAP 80626 

3735237 

78944 

315184 

HAP 1634044 

HAP 108383 

1122607 

991424 

HAPs 615532 

2497076 

- HAP 95476 / 

79210 / 

HAP 108952/ 

64006/ 

947~4 

131(71216 

)'10894 

1V23505411 

/ 2631370 

/ 106967 

HJ(P 123386 

/ 140761 

I 

33 CR 22 and 23, 11-10 

Toxics 

Ethyl bis (2-chloroethyl)amine 

Ethyl chloride (Chloroethane) 

Ethylene diamine 

Ethylene fluorohydrin 

Ethvlene olycol 

Ethylthiocyanate 

Fenitrothion 

Fluenetil 

Fluorine 

Fluoroacetamide 

Fluoroacetyl chloride / 

Formotanate hydrochloride / 

II.. Formothion / 

\ Formparanate / 

l'f osthietan / 

F\beridazole / He~methylenediamine, N,N-dibutyl / Hexa~ / 

HydroqbJ.none / 

lsobenzal\ / 

lsopropyl c!Xorformate / 

lsopropyl for~te / 

lsooropylmethvl'lslvrazolvl dimeif'ivlcarbamate (lsolan) 

Leotoohos \ / 

Maleic anhydride \ / 

Methanol (Methyl alcdQQl1 

Methiocarb /\ 

Methyl disulfide / \ 

Methyl isolhiocyariite \ 

Methyl methacrv)8te \ 

Methyl phenka6ton \ 

Methyl vinyl J(etone (3-butene-2-one) 

Mexacarba(e \ 

MTBE (rt'ethyl tertiary butyl ether) '\ 

m-Xvlene \ 

Nitraevclohexane \ 

NQl'bormide '\ 

f){-nitroso-N-methylurethane '\ 

VOxydisulfoton '\ 

/ Ozone deoletino compounds (CFC, etc.) \ 

o-Xvlene \ 

Peracetic acid \ 

Phenol 

Phenol,3-(1-methylethyl)-methylcarbamate 

Phosfolan 

Phosohamidon 

Piperidine 

Pirimifos-ethvl 

Promecarb 

Proparavl bromide 

Propionaldehyde 

Pyridine, 2-methyt-5-vinvl 

CODE OF COLORADO REGULATIONS 

Page 57 

I BIN 

c 

c / 

C/ 

('/ 

vc 

I c 

/ c 

/ c 

/ c 

/ c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

.c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

c 

\ c 

'\ c 

'\ c 

\ c 

\ c 

:"C 

C\. 

c \ 

c \ 

c \ 

5 CCR 1001-5 
Page 58 

---CAS ---- ----- Toxics ---- BIN 

53558251-- Pvriminil 

-------- c 

HAP 106503 p-Phe:J, ,~iamine 

-------- c 

HAP 106423 p-Xylene - ---- c 

60413 Strych~~urrate 

----- c 

HAP 100425 _i----5(yrene 

----- c 

HAP ~ Styrene oxide 

----- c 

i...--- 7446119 Sulfur trioxide c--...... 

297972 Thionazin 10 O-Diethvl-0-12-ovrazinvl)ohosohorothioate) c 

I'\ 79196 Thiosemicarbizide c v 

l"tdAP 7550450 Titanium tetrachloride c / 

H)\p 108883 Toluene C/ 

HAP\. 79016 Trichloroethylene (TCE) ~ 

" 555771 Tris(2-chloroethyl)amine / c ~001958 Valinomycin / c 

HAP 1()8054 Vinyl acetate / c 

HAP 1330207 Xylene (and mixed isomers) / c 

28347'1\39 Xylytene dichloride / c 

HAP - "\ Lindane (all isomers of hexachlorocyclohexane) / A 

- '\. Thallium compounds / A 

HAPs - r'\. Nitritotriacetic acid, Ca-, Na-, K salts / 8 

- r-...Ozone depletinq compounds (CFC, etc.) / c 

HAP 0 ft:qtimony compounds / A 

HAP 0 Arsenic compounds / A 

HAP 0 Berylll\(.m compounds / A 

HAP 0 Cadmiu~ compounds / A 

HAP 0 Chromium"ompounds (incl. 6+ compounds, etc.) A 

HAP 0 Cobalt comobunds (as cobalt metal dust and fumes) A 

HAP 0 Coke Oven Em~sions / A 

HAP 0 Cyanide compoumts / A 

HAP 0 Fine mineral fibers '\. / A 

HAP 0 Glvcol ethers x. A 

HAP 0 Lead compounds <ei'cep~lementat lead) A 

HAP 0 Manoanese comD6unds "\ A 

HAP 0 Mercury compoonds "\ A 

HAP 0 Nickel comp~nds (incl. nickel s"blbsulfide) A 

HAP 0 Polycyclic,,Organic Matter "\ A 

HAP 0 Radionuelides (includino radon) '\. A 

HAP 0 Selel)i(Jm compounds "\ A 

HAP 50000 Fo¢laldehyde "\ A 

HAP 51285 ~4-Dinitrophenot "\ A 

HAP 51796 /Ethyl carbamate (Urethane) '\. 8 

HAP 53963 / 2-Acetvlaminofluorene "\ c 

540885 / Tertiary Butyl Acetate "\ c 

54115 / Nicotine '\. A 

54626/ Aminopterin '\. c 

HAPs 551S5 N-Nitrosodiethvtamine "\ A 

55914 lsofluorphate "\ B 

HAPs ;55981 1,4-Butanediol dimethanesulphonate '\. A 

HAP / 56235 Carbon tetrachloride ""' HAIY 56382 Parathion A-. 

/ . 56724 Coumaphos c "\ 

IMAP 57147 1, 1-Dimethyl hydrazine A "\ 

/ "\ 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
0 2010 State of Colorado 

All Rights Reserved 

I\ CAS 

\. 57249 

1-fr\P 57578 

HAI\ 57749 

HAP\. 59892 

HAP 60117 

HAP 6.0344 

HAP 6~55 

604)\3 

60515\ 

HAPs 60571 \. 

HAP 62533 

HAP 62737 

62748 

HAP 62759 

HAP 63252 

\. 

33 CR 22 and 23, 11-10 

Toxics 

Strychnine 

Propiolactone, beta 

Chlordane 

N-Nitrosomorpholine 

Dimethyl aminoazobenzene 

Methyl hydrazine 

Acetamide 

Strychnine sulfate 

Dimethoate 

Dieldrin 

Aniline 

\ Dichlorvos 

\. Sodium fluoroacetate 

f\N-Nitrosodimethylamine 

~rbaryl 

Page 59 

I BIN 

A 

A J 

A/ 

B/ 

,e 

J A 

/ B 

/ c 

/ A 

/ A 

/ A 

/ A 

/ A 

/ A 

/ c 

64006 Ph~nol 3-(1-methylethyl)-methylcarbamate / c 

HAP 64675 Diet"vl sulfate / B 

66819 Cycloh~xamide / c 

HAP 67561 Methano)\(Methyl alcohol) / c 

HAP 67663 Chloroforrrl\(Trich loromethane) / A 

HAP 67721 Hexachloroe"ttJane / A 

HAP 68122 Dimethylformah;Jide / A 

HAP 71432 Benzene \. / A 

HAP 71556 1, 1, 1-Trichloroetha)te (Methyl' chloroform) c 

72208 Endrin \. / A 

HAP 72435 Methoxychlor v A 

HAP 74839 Methyl bromide (Brorn.6~thane) A 

HAP 74873 Methyl chloride (Chl.¢'romefl\ane) A 

HAP 74884 Methyl iodide (lodJ{methane)\. A 

74931 Methyl mercaotafi (MethanethiDn A 

HAP 75003 Ethyl chlorideiChloroethane) \. c 

HAP 75014 Vinyl chloride \. A 

HAP 75058 Acetonitri[e' \. A 

HAP 75070 Acetald¢"lyde \. A 

HAP 75092 MethvJene chloride (Dichloromethane) \. A 

HAP 75150 CarJ(on disulfide \. A 

75183 Dwnethvl sulfide (Methyl sulfide) \. c 

HAP 75218 ..Ethylene oxide \. A 

HAP 75252 I Bromoform \. A 

HAP 75343 v Ethylidene dichloride (1, 1-Dichloroethane) \. B 

HAP 75354 / 1, 1-Dichloroethylene (Vinylidene chloride) \. A 

HAP 75445 / Phosaene \. A 

HAP 75558 / 1,2-Proovlenimine (2-Methyl aziridine) \. A 

HAP 7556lt Propylene oxide \. A 

HAP 76448 Heptachlor \. A 

HAP 77474 Hexachlorocyclooentadiene \. A 

HAP ./?'7781 Dimethyl sulfate r-..A 

J 77816 Tabun e... 

/ 78342 Dioxathion A \. 

/ 78535 Arni ton c \. .!!AP 78591 lsophorone A \ VHAP 78875 Propylene dichloride (1,2-Dichloropropane) A 

/ 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 60 

\ CAS Toxics BIN 1/ 

I\ 78944 Methyl vinyl ketone (3-butene-2-one) c J ~Ps 78988 Methylglyoxal B / 

HAR 79005 1, 1,2-Trichloroethane A/ 

HAP\. 79016 Trichloroethylene (TCE) A, 

HAP \ 79061 Acrvlamide /A 

HAP "9107 Acrylic acid / A 

HAP 7~18 Chloroacetic acid / A 

791~ Thiosemicarbizide / c 

79210\. Peracetic acid / c 

79221 \ Methyl chloroformate / B 

HAP 79345 \. 1, 1,2,2-Tetrachloroethane / A 

HAP 79447 \. Dimethyl carbamovl chloride / 8 

HAP 79469 I\. 2-Nitropropane / A 

HAP 80626 r-..Methyl methacrylate / c 

81812 Warfarin / A 

82666 Dibhacinone / c 

HAP 82688 Penbiichloronitrobenzene (Quintobenzenft) A 

HAP 84742 Dibuty\phthalate / c 

HAP 85449 Phthalic 'litnhydride / 8 

86500 Methvl azihohos / A 

86884 ANTU (alpha._naphthylthiourea) / A 

HAP 87683 Hexachlorobubiidiene / A 

HAP 87865 Pentachlorophef\QI / A 

88051 Aniline,2,4,6-Trimettiyl / c 

HAP 88062 2,4,6-Trichlorophendl.. / A 

HAP 90040 o-Anisidine v A 

91087 2,6-Toluene diisocvaJi(at0. A 

HAP 91203 Naphthalene / \. B 

HAP 91225 Quinoline / \ A 

HAP 91941 3,3-Dichlorobernidene \. A 

HAP 92524 Biohenvl / \. c 

HAP 92671 4-Aminobiol"ienvl \. A 

HAP 92875 Benzidinjf (p-Diamino diphenyl) \ A 

HAP 92933 4-Nitro!iphenyl \ c 

HAP 94757 2,4-IY, salts and esters (2,4-Dichlorophe?\Qxyacetic acid) A 

HAP 95476 o-X.Vlene \ c 

HAP 95487 Qi'Cresol \ 8 

HAP 95534 /o-Toluidine \. A 

HAP 95807 / 2,4-Toluene diamine \. 8 

HAP 95954 I 2,4 5-Trichlorophenol \. c 

HAP 96093 / Styrene oxide \ c 

HAP 96128 / 1,2-Dibromo-3-chlorooropane \. A 

HAP 96457/ Ethylene thiourea \. A 

HAP 9807.i? Benzotrich lo ride \. A 

HAP 98.8'28 Cumene \ A 

HAP 00862 Acetoohenone \ c 

V98873 Benzal chloride f(Dichloromethyf)benzene; benzvlidenechloride] \ B 

HAP/ 98953 Nitrobenzene ~ 

/ 99989 Dimethyl-p-phenylenediamine C\. 

Hbc'P 100027 4-N itroohenol C\ 

HAP 100414 Ethyl benzene (Phenylethane) c \ 

HAP 

I/ 

100425 Styrene c I\ 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
0 2010 State of Colorado 

All Rights Reserved 

I\ CAS 

"tiAP 100447 

33 CR 22 and 23, 11-10 

Toxics 

Benzyl chloride, (Chloromethyl)benzene 

~p 101144 · 4,4-Methvlene bis (2-chloroaniline) 

HAR 101688 Methylene diphenvl diisocvanate (MDI) 

HAP\. 101779 4,4-Methvlenedianiline 

HAP \ 106423 p-Xylene 

HAP '\06445 p-Cresol 

HAP 100467 1,4-Dichlorobenzene 

HAP 106'5_03 o-Phenvlenediamine 

HAP 1065N Quinone 

HAP 106887\. 1,2-Epoxybutane 

HAP 106898 \. Epichlorohydrin (1-Chloro-2,3-epoxypropane) / 

HAP 106934 "' Ethvlene dibromide (1 ,2-Dibromoethane) / 

106967 I\ Proparqvl bromide / 

HAP 106990 ' 1,3-Butadiene / 

HAP 107028 '1\crolein / 

HAP 107051 AIM chloride / 

HAP 107062 EthViene dichloride (1,2-Dichloroethane)/ 

107073 Chlor~thanol / 

HAP 107131 Acrvloni'tt:ile / 

107153 Ethylene cllamine / 

107186 Allyl alcohol\. / 

HAP 107211 Ethylene glycOl / 

HAP 107302 Chloromethyl m~hyl ether / 

107448 Sarin \. / 

107493 TEPP (Tetraethvld ithioo\K'ophosohate) 

HAP 108054 Vinyl acetate v 

HAP 108101 Methyl isobutyl ketone (°MIBK) (Hexone) 

108236 lsopropyl chlorformete "' HAP 108316 Maleic anhydridtY' "' HAP 108383 m-Xvlene / "' HAP 108394 m-Cresol / \. 

HAP 108883 Toluene / \. 

HAP 108907 Chlorobenzene \. 

108918 Cyclonexvlamine \. 

HAP 108952 Phel)61 \. 

108985 Thj6phenol (Phenyl mercaptan) \. 

110009 17<Jran "' HAP 110543 /Hexane \. 

110576 I/ Trans 1,4-dichlorobutene \. 

110894 I Piperidine \. 

HAP 111422 / Diethanolamine \. 

Page 61 

BIN I 

A J 

A / 

A/ 

A 

J c 

/ A 

/ A 

/ c 

/ A 

/ A 

A 

A 

c 

A 

A 

A 

A 

A 

A 

c 

A 

c 

A 

B 

A 

c 

B 

c 

c 

c 

B 

c 

A 

c 

c 

A 

A 

c 

B 

c 

A 

HAP 111444/ Dichloroethvl ether CBis(2-chloroethyl)ether) "' A 

HAP 11426)' Propoxur (Bayqon) \. A 

115464 Dime fox \. A 

HAPs 11,.6286 Chlorendic acid \. B 

Y15297 Endosulfan "' A 

'115902 Fensulfothion \. A 

/ 116063 Aldicarb (Temik) M 

HAV>'s 117102 Chrvsazin (Oorbane) 8\. 

HAP 117817 Bis(2-ethvlhexvl) phthalate (OEHP) (Dioctvl ohthalate) A' 

.flAP 118741 Hexachlorobenzene A \. 

I 119380 lsopropylmethylpyrazolyl dimethylcarbamate (lsolan) c ~ 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 62 

" / 

'CAS Toxics BIN/ 

H~ 119904 3,3-Dimethoxybenzidine A/ 

HAP"'- 119937 3,3'-Dimethyl benzidine ~ 

HAP N.20809 Catechol / A 

HAP 1~821 1,2,4-Trichlorobenzene / A 

HAP 121~ 2,4-Dinitrotoluene / A 

HAP 121448"'-. Triethylamine / A 

HAP 121697 "' N,N-Diethyl aniline (N,N-Dimethylaniline) / A 

122145 "" Fenitrothion / c 

HAPs 122601 "'Rhenyl qlycervl ether (3 phenoxy 1,2 propanetliol) A 

HAP 122667 1,~iphenylhydrazine / A 

HAP 123319 Hydrmwinone / c 

HAP 123386 Propioncik;tehyde / c 

123739 Crotonalde~e (E) / A 

HAP 123911 1,4-Dioxane (1'X:-Diethyleneoode) A 

126987 Methacrvlonitrile "'-. / A 

HAP 126998 Chloroprene (2-Chlo~3-butadiene) A 

HAP 127184 Perchloroethylene CPetr~loroethvlene) A 

129066 Warfarin sodium/ "' A 

HAP 131113 Dimethyl pht~ate "' c 

131522 Sodium perl(achlorophenate "' A 

HAPs 132274 2-Bipher(ylol sodium salt "" B 

HAP 132649 Diber(zofurans "" c 

HAP 133062 C6'otan "' A 

HAP 133904 VChloramben (3-amino-2,5-dichloro benzoic acl&) A 

140761 ,, Pyridine, 2-methyl-5-vinyl "' ,, c 

HAP 140885 / Ethyl acrylate "" A 

14166Y Dicrotophos "' A 

14M90 Fluoracetic acid "' B 

J49746 Dichloromethylphenvlsilane "' c 

HAP / 151564 Ethylene imine (Aziridine) ' A 

/ 152169 Diphosphoramide, octamethyl 'A.... 

lffip 156627 Calcium cyanamide A "'-. 

/,, 297789 lsobenzan c ~ 

297972 Thionazin (0, O-Diethvl-0-(2-pyrazinyl)phosphorothioate) c 

l"-..r-.... 298000 Parathion-methyl A ~"" 

~ 298022 Ph orate JK' ~~8044 Disulfoton ~ A 

HAP 302'M.2. Hydrazine ~ A 

HAPs 309002 ~ Aldrin _/"" A 

315184 ~ --Mexacarbate _/"" c 

HAP 334883 Di~ethane _/"" A 

359068 Fluoroacetvlchloride _/"" c 

371620 Ethvlene fluorOh\idrin _/"" c 

HAP 463581 Carbonyl sulfide '"><'" c 

465736 lsodrin _/"" ............. A 

470906 Chlorfen~ ~ c 

505602 Musia1"0 oas (Dichlorodiethyl sulfide) ............_ A 

509148 .-1etranitromethane ~ A 

HAP 510156 _/ Chlorobenzilate (ethvl-4,4'-dichlorobenzilate) ............. B 

HAP 5322}4" 2-Chloroacetophenone ~ A 

~4076 Bis(chloromethvl)ketone ............. c 

HAP"' 534521 4,6-Dinitro o-cresol, and salts ~ 

_/"" ............. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
t> 2010 State of Colorado 

All Rights Reserved 

\ CAS 

'\ 535897 

'\ 538078 

HAf\ 540841 

'\ 541537 

HAP ,542756 

HAP ~2881 

54'g_905 

555?X1 

55661~ 

563122 '\ 

HAP 584849 \. 

HAP 593602 \ 

HAPs 615532 

HAP 624839 

624920 

625558 

640197 

644644 

675149 

HAP 680319 

HAP 684935 

732116 

786196 

814686 

HAP 822060 

919868 

HAPs 924163 

944229 

947024 

950107 

950378 

991424 

HAP 1120714 

1122607 

1314847 

HAP 1319773 

HAP 1330207 

HAP 1332214 

HAP 1336363 

1397940 

HAPs 1402682 / 

1420071/ 

1464536 

1563.@'62 

HAP 158Q098 

HAP t.634044 

./1642542 

HAP / 1746016 

/ 1910425 

/ 1982474 

/ 2001958 

/ 2032657 

/ 

33 CR 22 and 23, 11-10 

Toxics 

Crimidine 

Ethyl bis (2-chloroethyl)amine 

2,2,4-Trimethylpentane 

Dithiobiuret 

1,3-Dichloropropene 

Bischloromethyl ether 

Ethylthiocyanate 

Tris(2-chloroethyl)amine 

Methyl isothiocyanate 

Eth ion 

2,4-Toluene diisocyanate 

Vinyl bromide 

'\ N-nitroso-N-methylurethane 

[\Methyl isocyanate 

r\llethyl disulfide 

lsohfopyl formate / 

Fluor&,.acetamide / Dimetil~ / 

Cyan uric '11.uoride / 

HexamethY\ohosphoramide / N-nitroso-N-~thylurea / 

Phosmet '\ / 

Carbophenothion\. / 

Acrylyl chloride '\ / 

Hexamethylene-1,6-d'ii..soc-Yanate 

Demeton-s-methyl x 

N-Nitroso-di-n-butylarmne'\ 

Fonofos / '\ 

Phosfcilan / '\ 

Mephosfolan / '\ 

Methidathion / \. 

Norbormide/ \. 

1,3-Prooati'e sultone '\ 

Nitrocyy(ohexane '\ 

Zinc oflosohide '\ 

Cre,iylic acid/Cresols '\ 

XJffene (and mixed isomers) 

Asbestos 

J Polychlorinated biphenyls (PCBs) (Aroclors) / Antimycin A 

Aflatoxins 

Dinoterb 

Dieooxybutane 

Carbofuran 

Trifluralin 

MTBE (Methyl tertiary butyl ether) 

Diethyl ch loroph osp hate 

2,3,7,8-TCDD (Dioxin) 

Paraauat 

Chloroxuron 

Valinomycin 

Methiocarb 

CODE OF COLORADO REGULATIONS 

Page 63 

v BIN 

c 

c / 

C/ 

<Z 

/A 

/ A 

/ c 

/ c 

/ c 

/ A 

/ A 

/ A 

/ c 

/ A 

/ c 

c 

c 

c 

c 

B 

B 

B 

c 

c 

A 

c 

A 

A 

c 

A 

A 

c 

B 

c 

A 

A 

'\ c 

\. A 

\. A 

'\ c 

'\ A 

'\ c 

'\ 8 . '\ A 

'\ A 

'\ c 

l\.B 

A. 

A'\ 

c '\ 

c \ c 

5 CCR 1001-5 
Page 64 

\ CAS I Toxics BIN 

'\ 2074502 Paraquat methosulfate A 

HAps 2475458 Disperse Blue 1 8 / 

'\ 2497076 Oxydisulfoton C/ 

'\ 2524030 Dimethylphosphorochloridothioate <)' 

\.2540821 Formothion /C 

~31370 Promecarb / c 

26'li\.2719 Ethyl azinohos / c 

HAPs 264~75 Ct Solvent Oranqe 2 / B 

277801',.3 Endothion / c 

HAP 3547044\ ODE (Dichlorodiphenvldichloroethvlene) / A 

3689245 \. Sulfotep / A 

369~358 \ Chlorophacinone / c 

3734972 I'\ Amiton oxalate / c 

3735237 \Methyl phenkapton / c 

3878191 P\Jberidazole / c 

4098719 lsol!horone diisocvanate / A 

4170303 Crotooaldehvde / A 

4301502 Fluene)ij / c 

4835114 Hexamettlvlenediamine, N,N-dibutyl / c 

5836293 CoumatetraJvl / c 

7446119 Sulfur trioxidB_ / c 

HAP 7550450 Titanium tetrac'\loride / c 

HAPs 7644410 1,4-Dichloro-2-bi){.ene / A 

HAP 7647010 Hydrochloric acid (lo;lydroqerj'chloride) A 

HAP 7664393 Hydrogen fluoride (H).drof)(Joric acid) A 

7664417 Ammonia v B 

7664939 Sulfuric acid / '\ B 

7697372 Nitric acid / '\ A 

HAP 7723140 Phosphorous / '\ A 

7726956 Bromine / '\ A 

7782414 Fluorine / '\ c 

HAP 7782505 Chlorine / '\ A 

7783064 Hydroaen;Sulfide \. A 

7786347 Mevinpl;rt>s \. A 

HAP 7803512 Phos¢1ine '\ A 

HAP 8001352 Toxiohene (Camphechlor) \. A 

8065483 DJ(meton \. A 

10265926 .K1ethamidoohos '\ A 

10294345 J Boron trichloride '\ c 

10311849 v Dialifor '\ c 

13071799 / Terbufos \. A 

13171216" Phosohamidon '\ c 13194~4 Ethoprophos (Ethoprop) '\ c 134~09 Tellurium '\ A 

167.62775 Methomyl \. B 

1no2577 Formoaranate '\ c 

;19287457 Diborane "A 

J 20859738 Aluminum phosphide Y\ 

/ 21548323 Fosthietan C\. 

/ 21609905 leotoohos c '\ 

/ 21923239 Chlorthiophos c " / 22224926 Fenaminophos (Fenamiphos) A 

/ \ 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
lO 20 10 State of Colorado 

All Rights Reserved 

33 CR 22 and 23, 11-10 Page 65 

Toxics 

Chlorme hos 

X I lene dichloride 

Bromodiolone 

HAPs 

HAPs 

HAPs 

PARTB RNING CONSTRUCTION PERMITS 

I. Applicability 

I.A. The provisions of this rt B shall apply statewide. All sources t t did not commence 

construction or operatio rior to February 1, 1972, are require to have a construction permit 

except as specified in Sec· n II. 

II. General Requirements For 

II.A. General Considerations 

11.A.1. Except where specifically auth ized by e terms of this Regulation Number 3, no 

person shall commence constru ion o any stationary source or modification of a 

stationary source without first obta g or having a valid construction permit from the 

Division. 

11.A.2. Any permit that has been issu 

with respect to a project or t operation t reof, shall continue in full force and effect 

for the purpose for that it s originally issue , unless this current regulation no 

longer requires such per it, in that case the p mit can be rescinded upon request of 

the owner or operator the permitted source. 

11.A.3. Any orders or deci ons of the Division shall be final on issuance, according to 

Section 111.F.3. o this Part B. 

11.A.4. Constructio ermits for criteria pollutants, GHG and hazar ous air pollutants shall 

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

Emissio Notice submitted with the permit application or as req ested in the 

applic ion. The emission rate associated with the requested pro uction/process rate 

shal ea permit condition. For permits to limit the potential to emi riteria, 

p utants, GHG or hazardous air pollutants the Division may modify e 

oduction/process rate, hours of operation or other requested permit c ditions in 

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

provided, however, that the applicant may decline to accept such modificat1 ns and 

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

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

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

11.A.5. Construction permits are required for hazardous air pollutants if: 

11.A.5.a. The source is subject to Colorado Maximum Achievable Control Technology 

or Generally Available Control Technology; or 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5