DEPARTMENT OF PUBLIC
 

HEALTH AND ENVIRONMENT
 

AIR QUALITY CONTROL COMMISSION 

REGULATION NUMBER 7
 

CONTROL OF OZONE VIA OZONE PRECURSORS
 

(EMISSIONS OF VOLATILE ORGANIC COMPOUNDS AND
 

NITROGEN OXIDES)
 

5 CCR 1001-9 

EDITOR'S NOTES* 

Authority Cited:
 

§§ 25-7-105(l)(a), (b), -106(l)(c), (5), (6), -109(l)(a), (2), C.R.S.
 

History and Amendments:
 

Amended 09/11/77,1 CR 1. Repealed and readopted 12/14/78,2 CR 1. Pp. 1-37 adopted OS/22/80,
 

EFFECTIVE 05/30/80,3 CR 6. Pp. 1-77 adopted 12104/80, EFFECTIVE 01/30/81, 4 CR 1. Pp. 13-14 adopted
 

04/09/81, EFFECTIVE 06/01/81, 4 CR 5. pp. 1-83 adopted 09/20/89, EFFECTIVE 10/30/89,12 CR 10. pp. 1­


88 adopted 07/19/90, EFFECTIVE 08130/90,13 CR 8. Pp. 1-90 adopted 11/19/92, EFFECTIVE 12/30/92,15
 

CR 12. Pp. 1-433 adopted 06/24/93, EFFECTIVE 08/30/93,16 CR 8. Pp. 7-8 adoptcd 10/20/94, EFFECTIVE
 

12/30/94,17 CR 12. Pp. 1-92 adopted 02/16/95, EFFECTIVE 04/30/95,18 CR 4. Pp. 7-8 adopted 03/16/95,
 

EFFECTIVE 05/30/95,18 CR 5. Pp. 45-46 adopted 05/18/95, EFFECTIVE 07/30/95,18 CR 7. Pp. 4-5, 81­


81.02 adoptcd 12/21/95, EFFECTIVE 03/01/96,19 CR 2. pp. 1-1.02,7-8,81.02-82 adopted 03/21/96,
 

EFFECTIVE 05/30/96,19 CR 5. pp. 71, 74, 81.07-81.08 adopted 11/21/96, EFFECTIVE 01/30/97, 20 CR 1.
 

pp. 7.01-7.03, 81.08-81.12 adopted 10/15/98, EFFECTIVE 11/30/98,21 CR 11. Pp. 1-97 adopted 01/11/01,
 

EFFECTIVE 03/02/01, 24 CR 2. Sections I.A.2 to I.AA, II.E adopted 11/19/03, EFFECTIVE 02/02/04, 27 CR
 

1. Sections I.A, I.B, XII, XVI adopted 03/12/04 (entire rule replaced with pp. i-92), EFFECTIVE 05/30/04, 27
 

CR 5. Pp. 1,4,4.1,67-88.4,92-104 adopted 12/16/04, EFFECTIVE 03/02/05, 28 CR 2. Technical correction to
 

add two missing pages (now pp. 88.3-88.4),28 CR 3. Rule XII.A.5.d amended by technical correction, and top
 

of page 71 corrected due to publishing error, 28 CR 6.
 

A.G. Opinions:
 

1 AG 57; 2 AG 15; 3 AG 147; 4 AG 29; 4 AG 99; 12 AG 343; 13 AG 249; 15 AG 509; 16 AG 277; 17 AG 481;
 

18 AG 142; 18 AG 181; 18 AG 253; 19 AG 53; 19 AG 127; 20 AG 19; 21 AG 350; 24 AG 59; 27 AG 47; 27
 

AG 171; 28 AG 43;
 

Annotations:
 

Rules VI. D. 3. c., IX. A. 8. c., IX. A. 10. b., IX. N. 3. a., XII. D. I. c., XIII. C. -- D., XV. B. 1. b., adoptcd after
 

January 1, 1992 and before January 1, 1993 were not extended by H.B. 93-1131 and therefore expired June 1,
 

1993.
 

·This Title Page does not constitute an official part of any regulation. Information contained on the Title Page is provided by the Publisher 

from sources deemed reliable and is solely for informational and historical purposes. See cautionary note in Introductory Materials, How to 

Use theCCR. 

© 20 II State ofColorado 

All Rights Reserved. (800) 833-9844 
EDITOR'S NOTES (continued) 

. History and Amendments: 

Rules LA.l.b, XII, and XVII adopted 12/17/06, EFFECTIVE 03/04/07, 30 CR 2. Rules XII.AA.d.iii and 

XII.AA.d.iv amended by technical correction, 31 CR 1. Rule replaced in its entirety, adopted 12/12/08, 

EFFECTIVE 0]/30/09, 32 CR 1. Rules H.C.I, XILA.La, XII.D.2.a, XII.G, XII.G.3, XII.GA, XII.H, XVII, 

XVII.E.2.b (table) amended by technical correction, 32 CR 12. Rules LA.I.c., XVII., XIX.L. [TN 2010-00857] 

adopted 01/07/11, EFFECTIVE 02/14/11, 34 CR 2. 

A.G. Opinions:
 

30 AG Feb 1001-9; 32 AG Jan 1001-9; 34 AG Jan 1001-9
 

Annotations: 

6 CCR 1001-9 Page 2 
34 CR 1 and 2, 01·11 

TABLE OF CONTENTS
 

I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

xm. 

XlV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

Appendix A 

Appendix B 

Appendix C 

Appendix D 

Appendix E 

Appendix F 

Applicability ; I 

General Provisions 3 

General Requirements for Storage and Transfer of Volatile Organic Compounds 7 

Storage ofHighly Volatile Organic Compounds 8 

Disposal of Volatile Organic Compounds 8 

Storage and Transfer of Petroleum Liquid 8 

Crude Oil 22 

Petroleum Processing and Refining 23 

Surface Coating Operations 30 

Use of Solvents for Degreasing and Cleaning .49 

Use of Cutback Asphalt 55 

Volatile Organic Compound Emissions from Oil and Gas Operations 56 

Graphic Arts 

Phannaceutical Synthesis 

, 70 

72 

Control of Volatile Organic Compound Leaks from Vapor Collection Systems 

and Vapor Control Systems Located at Gasoline Terminals, Gasoline Bulk 

Plants, and Gasoline Dispensing Facilities 74 

Control of Emissions from Stationary and Portable Engines in the 8-Hour Ozone 

Control Area 76 

(State Only, except Section XVII.E.3.a. which was submitted as part of the 

Regional Haze SIP) Statewide Controls for Oil and Gas Operations and 

Natural Gas-Fired Reciprocating Internal Combustion Engines 77 

(State Only) Natural Gas-Actuated Pneumatic Controllers Associated with Oil 

and Gas Operations 81 

Statements of Basis, Specific Statutory Authority and Purpose 83 

Colorado Ozone Nonattainment or Attainment Maintenance Areas 105 

Criteria for Control of Vapors from Gasoline Transfer to Storage Tanks 106 

Criteria for Control ofVapors From Gasoline Transfer at Bulk Plants (Vapor 

Balance System) 108 

Minimum Cooling Capacities for Refrigerated Freeboard Chillers on Vapor 

Degreasers 110 

Test Procedures for Annual PressureNacuum Testing ofGasoline Transport 

Tanks 111 

Emission Limit Conversion Procedure ; 114 

\0 20II State ofColorado 5 CCR 1001-9 

All Rights Reserved. (800) 833-9844 
© 2011 Stale ofColorado 34 CR 1 and 2, 01-11 Page 1 

All Rights Reserved 

I.	 Applicability 

LA. 

I.A.1.	 The provisions of this regulation shall apply as follows: 

1.A.1.a. All provisions of this regulation apply to the Denver 1-hour ozone attainment/maintenance area, and to any nonattainment area for the 1-hour ozone 

standard. 

I.A.1.b. (State Only) All proVisions of this regulation apply to any ozone nonattainment area, which includes areas designated nonattainment for either the 1­

hour or 8-hour ozone standard, unless otherwise specified in Sections 

I.A.1.c. and d., below. Colorado's ozone nonattainment or attainment maintenance area maps and chronologies of attainment status are identified in 

Appendix A of this regulation. 

1.A.1.c.	 The provisions of Section V, VI.B.1 and 2, VII.C., and XVII apply statewide. 

The Provisions of Section XVII, XVIII and any other section marked by (State 

Only) are not federally enforceable, unless otherwise identified. 

1.A.1.d. The provisions of Sections XII, and XVI apply in the 8-hour Ozone Control 

Area. 

I.A.2.	 REPEALED 

I.A.3.	 REPEALED 

LB.	 Sources 

I.B.1.	 New Sources 

1.8.1.a. New sources, defined as any sources which either (1) submit a complete 

permit application on or after October 3D, 1989, or (2) if no permit is required, 

commence operation on or after October 30, 1989, must comply with the 

provisions of this regulation upon commencement of operation. 

LB. 'l.b. (State Only) New sources are any sources which commenced construction 

on or after the date on which the area is first designated as being in nonattainment for ozone and are located in that area, or, if located in the 1-hour 

ozone nonattainment or attainment maintenance area, by October 3D, 1989. 

New sources shall comply with the requirements of this regUlation by whichever date comes later: 

I.B.1.b.(i) (State Only) October 30, 1989, if they are located in what was previously designated as a 1-hour ozone nonattainment or attainment 

maintenance area; 

1.8.1.b.('ii) (State Only) February 1, 2009, if they are located in an 8-Hour 

Ozone Control Area and outside of the 1-hour ozone nonattainment 

or attainment maintenance area; or 

I.B.1.b.(iii) (State Only) Upon commencement of operation, if located within 

an ozone nonattainment or attainment maintenance area. 

CODE OF COLORADO REGULATIONS	 5 CCRJOOl-9 
Page 2 

1.B.1.c. This Section 1.8.1 does not apply to oil and gas operations subject to Section 

XII, stationary and portable engines subject to Section XVI, or natural gas actuated pneumatic controllers subject to Section XVIII. 

1.8.2.	 Existing Sources 

1.8.2.a. Existing sources are (1) those sources for which a complete permit application was submitted prior to October 30, 1989, or (2) those sources, which 

commenced operation prior to October 30, 1989. 

1.8.2.b. (State Only) Existing sources are those sources which commenced construction prior to the date on which the area is first designated as being in nonattainment for ozone and are located in that area, or, if located in the 1-hour 

ozone nonattainment or attainment maintenance area, by October 30, 1989. 

1.8.2.c. Existing sources shall not be required to comply with requirements of this 

regulation until on and after October 30, 1991. All existing sources shall 

comply with the requirements set forth in exhibit A, attached to this regulation, until October 30, 1991. 

1.8.2.d. (State Only) EXisting sources shall be required to comply with requirements 

of this regulation by whichever date comes later: 

1.8.2.d.(i) (State Only) October 30, 1989, if they are located in what 

was previously designated as a 1-hour ozone nonattainment or attainment maintenance area; 

1.8.2.d.(ii) (State Only) February 1, 2009, if they are located in an 8­

hour Ozone Control Area and outside of the Denver 1-hour ozone 

nonattainment or attainment maintenance area; or 

1.8.2.d.(iii) (State Only) the date on which the area is first designated as 

being in nonattainment for ozone, if located within that ozone nonattainment or attainment maintenance area. 

1.8.2.e. On and after October 30, 1991, all existing sources shall comply with the requirements of this regulation, and exhibit A shall no longer be applicable. 

1.8.2.f.	 On or before October 30, 1990, all eXisting sources located in what was preViously designated as the 1-hour ozone nonattainment or attainment maintenance area shall submit to the Division a report containing the folloWing: 

1.8.2.f.(i) A list of sources of volatile organic compound emissions located at the stationary source. The list shall include a description, 

potential emissions, and actual emissions of each source. 

I.B.2.f.(ii) Identification of each source subject to a Division Reasonably Available Control Technology (RACT) determination, and when a 

request for that determination will be made. 

I.B.2.f.(iii) The owner or operator's expected RACT for each source 

and a description of how compliance will be achieved. If a source is 

subject to RACT requirements as stated in previous versions of this 

regUlation, the report need only specify how compliance will be 

achieved for any revised provisions of the regulation. 

5 CCR 1001-9	 CODE OF COLORADO REGULATIONS
 
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All Rights Reserved 

XVI.C.4 Any lean burn reciprocating internal combustion engine operating in the 8-hour 

Ozone Control Area prior to June 1, 2004, for which the owner or operator demonstrates to the Division that retrofit technology cannot be installed at a cost of less than 

$ 5,000 per ton of VOC emission reduction. Installation costs and the best information available for detennining control efficiency shall be considered in determining 

such costs. In order to qualify for such exemption, the owner or operator must submit 

an application making such a demonstration, together with all supporting documents, 

to the Division by May 1, 2005. Any reciprocating internal combustion engine qualifying for this exemption shall not be moved to any other location within the 8-hour 

Ozone Control Area. 

XVII.	 (State Only, except Section XVII.E.3.a. which was submitted as part of the Regional 

Haze SIP) Statewide Controls for Oil and Gas Operations and Natural Gas-Fired Reciprocating Internal Combustion Engines 

XVII.A. (State Only) Definitions 

XVIl.A.1 "Air Pollution Control Equipment," as used in this Section XVII, means a 

combustion device or vapor recovery unit. Air pollution control equipment also 

means alternative emissions control equipment and pollution prevention devices and 

processes intended to reduce uncontrolled actual emissions that comply with the requirements of Section XVII.B.2. 

XVII.A.2.	 "Atmospheric", when used to modify the term "condensate storage tank", 

means a type of condensate storage tank that vents, or is designed to vent, to the 

atmosphere. 

XVII.A.3.	 "Condensate Storage Tank" means any production tank or series of production tanks that are manifolded together that store condensate. 

XVII.A.4	 "Glycol Natural Gas Dehydrator" means any device in which a liquid glycol 

(including ethylene glycol, diethylene glycol, or triethylene glycol) absorbent directly 

contacts a natural gas stream and absorbs water. 

XVII.B. (State Only) General Provisions 

XVII.B.1.	 General reqUirements for air pollution control equipment, prevention of leakage, and flares and combustion devices. 

XVII.B.1.a.	 All air pollution control equipment required by this Section XVII shall 

be operated and maintained pursuant to manufacturer specifications or 

eqUivalent to the extent practicable, and consistent with technological limitations and good engineering and maintenance practices. The owner or operator shall keep manufacturer specifications or equivalent on file. In addition, 

all such air pollution control eqUipment shall be adequately designed and 

sized to achieve the control efficiency rates required by this Section XVII and 

to handle reasonably foreseeable fluctuations in emissions of volatile organic 

compounds during normal operations. Fluctuations in emissions that occur 

when the separator dumps into the tank are reasonably foreseeable. 

XVIl.B.1.b. All condensate collection, storage, processing and handling operations, regardless of size, shall be designed, operated and maintained so as 

to minimize leakage of volatile organic compounds to the atmosphere to the 

extent reasonably practicable. 

XVII.B.1.c.	 If a flare or other combustion device is used to control emissions of 

volatile organic compounds to comply with Section XVII, it shall be enclosed, 

have no visible emissions dUring normal operations, and be designed so than 

an observer can, by means of visual observation from the outside of the enCODE OF COLORADO REGULATIONS	 5 CCR 1001-9
 
Page 78 

closed flare or combustion device, or by other convenient means approved 

by the Division, determine whether it is operating properly. 

XVII.B.1.d.	 Any of the effective dates for installation of controls on condensate 

tanks dehydrators and/or intemal combustion engines may be extended at 

the air pollution control Division's discretion for good cause shown 

XVII.B.2.	 Alternative emissions control equipment shall qualify as air pollution control 

equipment, and may be used in lieu of, or in combination with, combustion devices 

and vapor recovery units to achieve the emission reductions required by this Section 

XVII, if the Division approves the equipment, device or process As part of the approval process the Division, at its discretion, may specify a different control efficiency 

than the control efficiencies required by this Section XVII. 

XVII.B.3. Oil refineries are not subject to this section of the rule. 

XVII.BA. Condensate tanks, dehydrators and internal combustion engines that are 

subject to an emissions control requirement in a federal maximum achievable control 

technology ("MACT") standard under 40 CFR Part 63, a Best Available Control Technology ("BACT") limit, or a New Source Performance Standard under 40 CFR Part 60 

are not subject to this Section XVII. 

XVII.C. (State Only) Emission reduction from condensate storage tanks at oil and gas exploration 

and production operations, natural gas compressor stations, natural gas drip stations and 

natural gas processing plants. 

XVII.C.1.	 Beginning May 1, 2008, owners or operators of all atmospheric condensate 

storage tanks with uncontrolled actual emissions of volatile organic compounds equal 

to or greater than 20 tons per year based on a rolling twelve-month total shall operate 

air pollution control equipment that has an average control efficiency of at least 95% 

for VOCs on such tanks. 

XVII.C.2.	 For condensate storage tanks with past, uncontrolled actual emissions of volatile organic compounds of less than 20 tons per year based on a rolling twelvemonth total that may become subject to Section XVII.C.1. by virtue of the addition of 

a neWly drilled well or the recompletion or stimulation of an existing well, owners or 

operators of such tanks shall have until 90 days after the date of 1st production of the 

newly drilled, recompleted or stimulated well to install and operate any required air 

pollution control equipment. If the owner or operator determines that emissions of volatile organic compounds will be below the 20 ton per year threshold, the owner or 

operator shall notify the Division of this determination in writing and include an explanation of the methodology used to make this determination. 

XVII.C.3.	 Monitoring: The owner or operator of any condensate storage tank that is required to control volatile organic compound emissions pursuant to this Section 

XVII.C. shall visually inspect or monitor the Air Pollution Control Equipment to ensure 

that it is operating at least as often as condensate is loaded out from the tank, unless 

a more frequent inspection or monitoring schedule is followed. In addition, if a flare 

or other combustion device is used, the owner or operator shall visually inspect the 

device for visible emissions at least as often as condensate is loaded out from the 

tank. 

XVII.CA. Recordkeeping: The owner or operator of each condensate storage tank 

shall maintain the following records for a period of five years: 

XVII.CA.a. Monthly condensate production from the tank. 

XVII.CA.b. For any condensate storage tank reqUired to be controlled pursuant 

to this Section XVII.C., the date, time and duration of any period where the 

air pollution control equipment is not operating. The duration of a period of 

5 CCR 1001-9	 CODE OF COLORADO REGULATIONS
 
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non-operation shall be from the time that the air pollution control equipment 

was last observed to be operating until the time the equipment recommences 

operation. 

XVII.C.4.c.	 For tanks where a flare or other combustion device is being used, 

the date and time of any instances where visible emissions are observed 

from the device. 

XVII.D. (State Only) Emission reductions from glycol natural gas dehydrators 

Beginning May 1, 2008, any still vent and vent from any gas-condensate-glycol (GCG) separator 

(flash separator or flash tank), if present, on a glycol natural gas dehydrator located at an oil and gas 

exploration and production operation, natural gas compressor station, drip station or gas-processing 

plant shall reduce uncontrolled actual emissions of volatile organic compounds by an average of at 

least 90 percent through the use of air pollution control equipment. This Section XVII.D shall not apply to any single natural gas dehydrator, or several dehydrators at a single oil and gas exploration 

and production operation/site, natural gas compressor station, drip station or gas-processing plant, 

with uncontrolled actual emissions of volatile organic compounds of less than 15 tons per year based 

on a rolling twelve-month total. To determine if a grouping of dehydrators exceeds the 15 tons per 

year threshold aggregate emissions from all dehydrators on site (contigiJous and adjacent). The control requirement in this Section XVII.D. shall apply to each natural gas dehydrator within a grouping 

that has actual uncontrolled emissions above two tons per year. 

XVII.E. Control of emissions from new, modified, existing, and relocated natural gas fired reciprocating internal combustion engines. 

XVII.E.1.	 (State Only) The requirements of this Section XVI I.E. shall not apply to any 

engine having actual uncontrolled emissions below permitting thresholds listed in 

Regulation Number 3, Part B. 

XVII.E.2.	 (State Only) New, Modified and Relocated Natural Gas Fired Reciprocating 

Internal Combustion Engines 

XVII.E.2.a.	 Except as provided in Section XVII.E.2.b. below, the owner or operator on any natural gas fired reciprocating internal combustion engine that is 

either constructed or relocated to the state of Colorado from another state, 

on or after the date listed in the table below shall operate and maintain each 

engine according to the manufacturer's written instructions or procedures to 

the extent practicable and consistent with technological limitations and good 

engineering and maintenance practices over the entire life of the engine so 

that it achieves the emission standards required in Section XVII.E.2.b. Table 

1 below. 

XVII.E.2.b.	 Actual emissions from natural gas fired reciprocating internal combustion engines shall not exceed the emission performance standards in Table 1 below as expressed in units of grams per horsepower-hour (G/hp-hr) 

TABLE 1 

Maximum En- Construction or Relocation Emission Standards 

gine Hp Date is G/h~~hr

NOx CO VOC 

< 100 Hp Any NA NA NA 

~100 Hp On or after January 1, 2008 2.0 4.0 1.0 

and < 500 Hp On or after January 1, 2011 1.0 2.0 0.7 

~500 Hp On or after July 1, 2007 2.0 4.0 1.0 

On or after July 1, 2010 1.0 2.0 0.7

CODE OF COLORADO REGULATIONS	 5 CCR 1001-9
 
Page 80 

XVII.E.3. Existing Natural Gas Fired Reciprocating Internal Combustion Engines 

XVII.E.3.a.	 (Regional Haze SIP) Rich Burn Reciprocating Internal Combustion 

Engines 

XVII.E.3.a.(i) Ex<;ept as provided in Sections XVI1.3.1.(i)(b) and (c) and 

XVII.E.3.a.(ii), all rich burn reciprocating internal combustion engines 

with a manufacturer's name plate design rate greater than 500 

horsepower, constructed or modified before February 1, 2009 shall 

install and operate both a non-selective catalytic reduction system 

and an air fuel controller by July 1, 2010. A rich bum reciprocating 

internal combustion engine is one with a normal exhaust oxygen 

concentration of less than 2% by volume. 

XVII.E.3.a.(i)(a) All control equipment required by this Section 

XVII.E.3.a. shall be operated and maintained pursuant to 

manufacturer specifications or equivalent to the extent practicable, and consistent with technological limitations and 

good engineering and maintenance practices. The owner or 

operator shall keep manufacturer specifications or equivalent 

on file. 

XVII.E.3.a.(i)(b) Internal combustion engines that are SUbject to an 

emissions control requirement in a federal maximum achievable control technology ("MACr) standard under 40 CFR 

Part 63, a Best Available Control Technology ("BACr) limit, 

or a New Source Performance Standard under 40CFR Part 

60 are not subject to this Section XVII.E.3.a. 

XVII.E.3.a.(i)(c) The requirements of this Section XVII.E.3.a. shall 

not apply to any engine having actual uncontrolled emissions 

below permitting thresholds listed in Regulation Number 3, 

Part B. 

XVII.E.3.a.(ii) Any rich burn reciprocating internal combustion engine constructed or modified before February 1, 2009, for which the owner or 

operator demonstrates to the Division that retrofit technology cannot 

be installed at a cost of less than $ 5,000 per ton of combined volatile organic compound and nitrogen oxides emission reductions (this 

value shall be adjusted for future applications according to the current day consumer price index) is exempt complying with Section 

XVII.E.3.a. Installation costs and the best information available for 

determining control efficiency shall be considered in determining 

such costs. In order to qualify for such exemption, the owner or operator must s!J~rnJ.t ~!l..!!ppJication ,!-,ak~n9 ~uch~~~r.non~!ration,together with all supporting documents, to the Division by August 1, 

2009. 

XVII.E.3.b. (State Only) Lean Burn Reciprocating Internal Combustion Engines 

XVII.E.3.b.(i) Except as provided in Section XVII.E.3.b.(ii), all lean burn 

reciprocating internal combustion engines with a manufacturer's nameplate design rate greater than 500 horsepower shall install and 

operate an oxidation catalyst by July 1, 2010. A lean bum reciprocating internal combustion engine is one with a normal exhaust oxygen concentration of 2% by volume, or greater. 

5 CCR 1001-9	 CODE OF COLORADO REGULATIONS
 
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erating activities not covered by RACT or BACT, the source would only have to complete a RACT 

analysis specific to those activities. 

Typographical, Grammatical, Formatting and Other Changes 

The commission changed the title of Regulation Number 7 to include NOx. An outline of the sections 

is provided to better understand the contents of Regulation Number 7. Outdated sections are removed (i.e. Section II.F.1. specific to Gates Rubber Company, which is now out of business). Section 

XII, specific to condensate tanks in the Ozone NM is reorganized for clarity. One appendix (new 

Appendix A) is added to provide maps of Ozone NMs and chronologies of attainment designations, 

of which certain requirements key off. Finally, sections and appendices are renumbered and formatted as necessary. 

Section 110.5 and" 110.8 Analysis 

Some of these revisions are not intended to be incorporated into Colorado's SIP. To the extent these 

revisions could be construed to exceed the requirements of federal law, the Commission provides the 

following additional statement, consistent with C.R.S. § 25-7-110.5(5)(a): 

(I) These rules are intended to reduce uncontrolled emissions of ozone precursor pollutants. The 

rules thereby serve to attain and maintain compliance with the National Ambient Air Ouality Standard 

(NMOS) for Ozone. However, there are no comparable federal requirements that apply to the 

sources in question. 

(II) There are no applicable federal requirements, other than the duty to attain the ozone NMOS. 

There is considerable flexibility in meeting the NMOS. However, there are very limited sources of 

uncontrolled anthropogenic ozone precursor emissions to target in order to reduce ozol)e. Consequently, the sources in question, as a significant source of uncontrolled VOCs and NOx, must be targeted in order to attain the standard. 

(III) There are no applicable federal requirements, other than the duty to attain the ozone NMOS.
 

The ozone NMOS was not determined taking into account concerns that are unique to Colorado.
 

(IV) These rules may prevent or reduce the need for costly retrofit to meet more stringent requirements at a later date. The DMNNFR non-attainment area has violated the 0.08 ppm ozone NMOS. 

Colorado will soon be required to comply with the new ozone NMOS of 0.075 ppm. Colorado Governor Ritter has directed that Colorado air quality planning agencies implement measures to reduce 

ozone to a level below the NMOS. If these rules are not adopted now, it may be necessary to require more costly retrofitting in order to meet the Governor's directive as well as the new NMOS. 

(V) Since there are no applicable federal requirements, there is no timing issue with regard to implementing federal requirements. However, these controls are intended to help the DMNNFR attain the 

NMOS. If the standard is not attained by the 2010 ozone season, the area may face a "moderate" 

non-attainment designation. 

.(VI) The adopted rules will assist in establishing and maintaining a reasonable margin for accommodation of uncertainty and future growth. 

(VII) The adopted rules establish reasonable equity for sources subject to the rules by prOViding the
 

same standards for similarly situated sources.
 

(VIII) If the state rules were not adopted, other sectors may face a disproportionate share of the bur­


den of reducing precursor pollutants.
 

(IX) There are no corresponding federal requirements. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-9
 
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(X) Demonstrated technology is available to comply. Sources are already using the control devices 

intended to be used to comply with these rules. However, sources face an additional burden of implementing auto-igniters and surveillance. The Commission anticipates a reasonable degree of delay 

in securing and installing the technology in question and has accommodated the sources by providing 

for a reasonable delay for the application of these requirements. 

(XI) The adopted rules will reduce VOC and NOx emissions, thereby contributing to the prevention of 

the formation of ozone through the most cost-effective means available. 

(XII) Alternative rules requiring additional controls for other sources would also provide gains toward 

attaining the ozone NMOS. However, oil and gas industry members are the largest anthropogenic 

stationary source of precursor pollutants in the State. A disproportionate benefit to this industry would 

accrue if their uncontrolled emissions remain at current levels compared to other stationary sources. 

(XIII) A no-action alternative may address the ozone NMOS. Modeling and other analysis suggests 

that the NM would attain the standard by 2010 without these rules. However, this analysis suggests 

that ambient levels of ozone would be very close to the NMOS. These rules provide more assurance of attaining the ozone NMOS while also providing for reductions that are necessary to make 

progress toward the new ozone NMOS. No action would only delay the necessary reductions. 

Further, pursuant to C.RS. § 25-7-110.8(1}, the Commission makes the determination that: 

(I) These rules are based upon reasonably available, validated, reviewed, and sound scientific me-· 

thodologies, and the Commission has considered all information submitted by interested parties. 

(II) Evidence in the record supports the finding that the rules shall result in a demonstrable reduction 

of ground-level ozone. . 

(III) Evidence in this record supports the finding that the rules shall bring about reductions in risks to 

human health and the environment that justify the costs to implement and complywith the rules. 

(IV) The rules are the most cost effective, provide the regulated community flexibility, and achieve any 

necessary reduction in air pollution. 

(V) The selected regulatory alternative will maximize the air quality benefits of regulation in the most 

cost-effective manner. 

XIX.L. January 8, 2011 Outline and Sections I. and XVII. 

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of 

the Colorado Administrative Procedures Act, Section 24-4-103, C.RS., and the Colorado Air Pollution 

Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.RS (the Act). 

Specific Statutory Authority 

The Colorado" Air Ouality Control Commission (Commission) promUlgates this regulation pursuant to 

the authority granted in Sections 25-7-105(1 )(c), C.RS. (authority to adopt a prevention of significant 

deterioration program); 25-7-109(1 )(a) (authority to require the use of air pollution controls); 25-7­

109(2)(a) (authority to adopt emission contro,! regulations pertaining to visible pollutants); and 25-7­

114.4(1) (authority to adopt rules for the administration of permits). 

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Basis and Purpose 

The Commission intends that the current Regulation Number 7, Section XVII.E.3.a. identifying technology-based control requirements for existing rich burn reciprocating internal combustion engines 

(RICE), or rich burn RICE that were constructed or modified prior to February 1, 2009, become a 

NOx emission control measure that is included as part of the Regional Haze SIP and become federally enforceable upon EPA approval. 

The technology-based control requirements of Section XVII.E.3.a. reduce NOx. This proposal only 

changes the enforceability of these currently state-only requirements such that they become federally 

enforceable. This proposal does not change emission control, monitoring, recordkeeping or reporting 

requirements. 

The Commission also intends that the following provisions, added in Section XVII.E.3.a.(i)(a) through 

(c), will continue to be effective under the Regional Haze SIP. Specifically, these provisions require 

good air pollution control practices and allow for exemptions from the requirements for existing rich 

burn RICE. The exemptions apply to any existing rich burn RICE either with uncontrolled actual 

emissions below permitting thresholds or that is subject to a New Source Performance Standard 

(NSPS), National Emission Standard for Hazardous Air Pollutants (NESHAP), or Best Available Control Technology (BACT) limit. 

Existing lean burn RICE requirements are not incorporated into the Regional Haze SIP, as the associated controls do not reduce NOx or S02. 

Colorado has determined that it is reasonable and appropriate to make these RICE requirements 

federally enforceable in this first planning period, as part of the state's strategy for addressing reasonable progress towards achieving natural visibility conditions in federal Class I areas. 

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