# DEPARTMENT OF PUBLIC HEALTHAND ENVIRONMENT

AIRQUALITY CONTROLCOMMISSION


# REGULATIONNUMBER7 CONTROLOFOZONEVIA OZONEPRECURSORS (EMISSIONS OFVOLATILE ORGANICCOMPOUNDSAND NITROGEN OXIDES)

5 CCR 1001-9 EDITOR'SNOTES*

AuthorityCited: §§ 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 Repealed and readopted 12/14/78,2 CR 1.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, EFFECTIVE05/30/80,3 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 CR5.

## 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, EFFECTIVE08/30/93,16 CR8. Pp. 7-8 adoptcd 10/20/94, EFFECTIVE 12/30/94,17CR 12. Pp. 1-92 adopted 02/16/95, EFFECTIVE 04/30/95,18 CR4. Pp. 7-8 adopted 03/16/95, EFFECTIVE05/30/95,18CR 5. Pp. 45-46 adopted 05/18/95, EFFECTIVE 07/30/95,18 CR7. Pp. 4-5, 81­ 81.02 adoptcd 12/21/95, EFFECTIVE 03/01/96,19CR2.

## pp. 1-1.02,7-8,81.02-82adopted 03/21/96, EFFECTIVE05/30/96,19CR 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, 24CR2. Sections I.A.2 to I.AA, II.E adopted 11/19/03, EFFECTIVE02/02/04, 27 CR 1. Sections I.A, I.B, XII, XVI adopted 03/12/04 (entire rulereplaced with pp. i-92), EFFECTIVE05/30/04, 27 CR5. Pp. 1,4,4.1,67-88.4,92-104 adopted 12/16/04,EFFECTIVE03/02/05, 28 CR2. Technical correction to add twomissing pages (nowpp. 88.3-88.4),28 CR3. Rule XII.A.5.d amended bytechnical correction, and top ofpage 71 corrected duetopublishingerror, 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; 20AG 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 beforeJanuary 1, 1993 were notextended by H.B. 93-1131 and therefore expiredJune 1, 1993.

·ThisTitlePage doesnot constitute an officialpartofany regulation. Information contained ontheTitlePage is provided by the Publisher from sourcesdeemed reliable and is solely for informational andhistorical purposes. Seecautionarynote in IntroductoryMaterials, How to Use theCCR. ©20II State ofColorado All RightsReserved. (800) 833-9844

### EDITOR'SNOTES (continued)

. History and Amendments:

Rules LA.l.b,XII, andXVII adopted 12/17/06,EFFECTIVE 03/04/07, 30 CR2. 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 CR2.



### A.G. Opinions: 30AG Feb 1001-9; 32 AG Jan 1001-9; 34 AG Jan 1001-9



### Annotations:



### 6 CCR 1001-9 

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### 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 Storageand Transfer ofVolatile Organic Compounds 7 Storage ofHighly Volatile OrganicCompounds 

### 8 Disposal ofVolatile Organic Compounds 8 Storage andTransfer ofPetroleum Liquid 8 Crude Oil 22 PetroleumProcessing and Refining 23 Surface CoatingOperations 30 Use ofSolvents for Degreasing and Cleaning .49 Use ofCutbackAsphalt 55 Volatile Organic Compound Emissions from Oil and Gas Operations 56 Graphic Arts Phannaceutical Synthesis , 70 72 Control ofVolatile Organic Compound Leaks from VaporCollection Systems and VaporControl SystemsLocated atGasolineTerminals, Gasoline Bulk Plants, and Gasoline Dispensing Facilities 74 Control ofEmissions from Stationary and Portable Engines inthe 8-HourOzone Control Area 76 (State Only, except SectionXVII.E.3.a. which was submitted aspart ofthe Regional Haze SIP) Statewide Controls for Oil and Gas Operations and Natural Gas-FiredReciprocating Internal Combustion Engines 77 (State Only)Natural Gas-ActuatedPneumatic ControllersAssociatedwith Oil and Gas Operations 81 Statements ofBasis, Specific StatutoryAuthority and Purpose 83 ColoradoOzoneNonattainmentor Attainment Maintenance Areas 105 Criteria for Control ofVapors from GasolineTransferto StorageTanks 106 Criteriafor Control ofVaporsFromGasolineTransfer at BulkPlants (Vapor Balance System) 108 MinimumCoolingCapacities for Refrigerated FreeboardChillersonVapor Degreasers 110 TestProcedures for Annual PressureNacuumTestingofGasolineTransport Tanks 111 Emission Limit Conversion Procedure ; 114

\020II StateofColorado 5 

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### I. Applicability 

### LA. I.A.1. The provisions ofthis regulation shall apply asfollows: 1.A.1.a. All provisions ofthis regulation apply to the Denver 1-hourozone attainment/maintenance area, and to any nonattainment area for the 1-hourozone standard. I.A.1.b. (State Only) All proVisions ofthis regulation apply to any ozone nonattainment area, which includes areas designated nonattainmentfor eitherthe 1­ houror 8-hour ozone standard, unless otherwise specified in Sections I.A.1.c. and d., below. Colorado's ozone nonattainment orattainment maintenance area maps and chronologies ofattainment status are identified in Appendix A ofthis regulation. 1.A.1.c. The provisions ofSection V, VI.B.1 and 2, VII.C., and XVII apply statewide. The Provisions ofSection XVII, XVIII and any othersection marked by (State Only) are notfederally enforceable, unless otherwise identified. 1.A.1.d. The provisions ofSectionsXII, 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 orafter October 3D, 1989, or (2) if no permit is required, commence operation on or after October 30, 1989, must comply with the provisions ofthis regulation upon commencement ofoperation. LB.'l.b. (State Only) New sources are any sources which commenced construction on or after the date on which the area is firstdesignated as being in nonattainmentfor ozone and are located in that area, or, if located in the 1-hour ozone nonattainment orattainment maintenance area, by October 3D, 1989. New sources shall comply with the requirements ofthis regUlation by whichever date comes later: I.B.1.b.(i) (State Only) October 30, 1989, ifthey are located in whatwas previously designated as a 1-hourozone nonattainmentor attainment maintenance area; 1.8.1.b.('ii) (State Only) February 1, 2009, ifthey are located in an 8-Hour Ozone Control Area and outside ofthe 1-hourozone nonattainment orattainment maintenance area; or I.B.1.b.(iii) (State Only) Upon commencement ofoperation, if located within an ozone nonattainment orattainment maintenance area.



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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 priorto October 30, 1989, or (2) those sources, which commenced operation priorto October30, 1989. 1.8.2.b. (State Only) Existing sources are those sources which commenced construction priorto the date on which the area is first designated as being in nonattainmentfor ozone and are located in that area, or, if located in the 1-hour ozone nonattainment or attainment maintenance area, byOctober30, 1989. 1.8.2.c. Existing sources shall not 

### be required to complywith requirements ofthis regulation until on and after October 30, 1991. All existing sources shall complywith the requirements setforth in exhibitA, attached to this regulation, until October 30, 1991. 1.8.2.d. (State Only) EXisting sources shall be required to complywith requirements ofthis regulation bywhichever date comes later: 1.8.2.d.(i) (State Only) October 30, 1989, ifthey are located in what was previously designated as a 1-hourozone nonattainment orattainment maintenance area; 1.8.2.d.(ii) (State Only) February 1, 2009, ifthey are located in an 8­ hour Ozone Control Area and outside ofthe Denver 1-hourozone 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 nonattainmentfor 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 complywith the requirements ofthis regulation, and exhibitA shall no longer be applicable. 1.8.2.f. On or before October30, 1990, all eXisting sources located in whatwas preViously designated as the 1-hourozone nonattainment or attainment maintenance area shall submitto the Division a report containing thefolloWing: 1.8.2.f.(i) A list ofsources ofvolatile organic compound emissions located at the stationary source. The list shall include a description, potential emissions, and actual emissions ofeach source. I.B.2.f.(ii) Identification ofeach source subject to a Division ReasonablyAvailable Control Technology (RACT) determination, and when a request forthat determination will be made. I.B.2.f.(iii) The owner oroperator's expected RACT foreach source and a description ofhow compliance will 

### be achieved. Ifa source is subjectto RACT requirements as stated in previous versions ofthis regUlation, the report need only specify how compliancewill be achieved for any revised provisions ofthe regulation.



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### XVI.C.4Any 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 ofVOC emission reduction. Installation costs and the best information available for detennining control efficiency shall be considered in determining such costs. In orderto qualifyfor such exemption, the owner or operator must submit an application making such ademonstration, 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, exceptSection XVII.E.3.a. which was submitted as partofthe 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 orvapor 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 complywith 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 anyproduction 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 consistentwith technological limitations and good engineering and maintenance practices. The owneroroperatorshall 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 ofvolatile organic compounds during normal operations. Fluctuations in emissions that occur when the separatordumps into the tank are reasonably foreseeable. XVIl.B.1.b. All condensate collection, storage, processing and handling operations, regardless ofsize, shall be designed, operated and maintained so as to minimize leakage ofvolatile organic compounds to the atmosphere to the extent reasonably practicable. XVII.B.1.c. Ifa flare orother 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 ofvisual observation from the outside ofthe en

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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 ofthe effective dates for installation ofcontrols 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 incombination with, combustion devices and vapor recovery units to achieve the emission 

### reductions required by this Section XVII, ifthe Division approves the equipment, device or process As part ofthe approval process the Division, at its discretion, may specify a different control efficiency than the control efficiencies required bythis Section XVII. 

### XVII.B.3. Oil refineries are not subject to this section ofthe 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 under40 CFR Part 63, a BestAvailable 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 ofall atmospheric condensate storage tanks with uncontrolled actual emissions ofvolatile organic compounds equal to or greaterthan 20 tons per year based on a rolling twelve-month total shall operate air pollution control equipment that has an average control efficiency ofat least 95% for VOCs 

### on such tanks. XVII.C.2. For condensate storage tankswith past, uncontrolled actual emissions ofvolatile organic compounds ofless than 20 tons peryear based on a rolling twelvemonth total that may become subject to Section XVII.C.1. 

### byvirtue ofthe addition of a neWly drilled well or the recompletion orstimulation ofan existing well, owners or operators ofsuch tanks shall have until 90 days after the date of 1st 

### production ofthe newly drilled, recompleted or stimulated well to install and operate any required air pollution control equipment. Ifthe owner oroperator determines that emissions ofvolatile organic compounds will be belowthe 20 ton per year threshold, the owner or operator shall notifythe Division ofthis determination in writing and include an explanation ofthe methodology used to make this determination. XVII.C.3. Monitoring: The owner or operator ofany condensate storage tankthat is required to control volatile organic compound emissions pursuantto this Section XVII.C. shall visually inspect or monitorthe Air Pollution Control Equipmentto ensure that it is operating at least as often as condensate is loaded outfrom the tank, unless a morefrequent inspection or monitoring schedule is followed. In addition, ifa flare or other combustion device is used, the owner or operator shall visually inspectthe deviceforvisible emissions at least as often as condensate is loaded out from the tank. XVII.CA. 

### Recordkeeping: The owner or operator ofeach condensate storage tank shall maintain the following records fora period offive 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 ofany period where the air pollution control equipment is not operating. The duration ofa period of



### 5 CCR 1001-9 CODE OFCOLORADO REGULATIONSII)2011 State ofColorado 

### 34 CR 1 and 2,01-11 Page 79 All Rights Reserved 

### 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. Fortanks where aflare orother combustion device is being used, the date and time ofany 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 ventfrom any gas-condensate-glycol (GCG) separator (flash separator orflash tank), ifpresent, 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 ofvolatile organic compounds by an average of at least 90 percentthrough the use ofair pollution control equipment. This Section XVII.D shall not applyto any single natural gas dehydrator, orseveral dehydrators at a single oil and gas exploration and production operation/site, natural gas compressor station, drip station orgas-processing plant, with uncontrolled actual emissions ofvolatile organic compounds ofless than 15 tons peryear based on a rolling twelve-month total. To determine ifa grouping ofdehydrators exceeds the 15tons per yearthreshold aggregate emissions from all dehydrators on site (contigiJous and adjacent). The control requirement in this Section XVII.D. shall apply to each natural gas dehydratorwithin a grouping that has actual uncontrolled emissions above two tons peryear. XVII.E. Control ofemissions from new, modified, existing, and relocated natural gas fired reciprocating internal combustion engines. XVII.E.1. (State Only) The requirements ofthis Section XVII.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 reciprocatinginternal combustion engine that is either constructed or relocated to the state ofColorado from another state, on or afterthe 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 ofthe 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 belowasexpressed in units ofgrams 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 afterJanuary 1, 2008 4.0 2.0 1.0 and < 

### 500 Hp On or afterJanuary 1, 2011 1.0 2.0 0.7**~500** 

### Hp On orafterJuly 1, 2007 2.0 4.0 1.0 On or afterJuly 1, 2010 1.0 0.7 2.0



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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 greaterthan 500 horsepower, constructed or modified before February 1, 2009 shall install and operate both a non-selective catalytic reduction system and an airfuel controller byJuly 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 bythis Section XVII.E.3.a. shall be operated and maintained pursuant to manufacturerspecifications orequivalent to the extent practicable, and consistent with technological limitations and good engineering and maintenance practices. The owner or operator shall keep manufacturer specifications orequivalent 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 under40 CFR Part 63, a Best Available Control Technology ("BACr) limit, or a New Source Performance Standard under40CFR Part 60 are not subject to this Section XVII.E.3.a. XVII.E.3.a.(i)(c) The requirements ofthis Section XVII.E.3.a. shall not apply to anyengine 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, forwhich the owner or operator demonstrates to the Division that retrofit technology cannot be installed at a cost of less than 

### $ 5,000 perton ofcombined 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 qualifyfor such exemption, the owner oroperator must**s!J~rnJ.t ~!l**  

### ..!!ppJication**,!-,ak~n9 ~uch~~~r.non~!ration,to**  getherwith 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 engineswith a manufacturer's nameplate design rate greaterthan 500 horsepowershall 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 of2% byvolume, or greater.



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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 ofthe 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 ofOzone NMs and chronologies ofattainment designations, ofwhich certain requirements key off. Finally, sections and appendices are renumbered and formatted as necessary. Section 110.5 and" 110.8 Analysis Some ofthese revisions are not intended to be incorporated into Colorado's SIP. To the extent these revisions could be construed to exceed the requirements offederal 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 ofozone 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 thatapply to the sources in question. (II) There are no applicable federal requirements, otherthan 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 orderto 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 applicablefederal requirements, other than the duty to attain the ozone NMOS. The ozone NMOSwas 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 laterdate. The DMNNFR non-attainment area has violated the 0.08 ppm ozone NMOS. Coloradowill soon be required to complywith 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. Ifthese 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 issuewith 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 mayface 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 equityfor sources subject to the rules by prOViding the same standards for similarly situated sources. (VIII) Ifthe state rules were not adopted, other sectors mayface a disproportionate share ofthe bur­ den of reducing precursor pollutants. (IX) There are no corresponding federal requirements.



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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 ofdelay in securing and installing the technology in question and has accommodatedthe sources by providing for a reasonable delayfor the application ofthese requirements. (XI) The adopted rules will reduce VOC and NOxemissions, thereby contributing to the prevention of the formation ofozone through the most cost-effective means available. (XII) Alternative rules requiring additional controls forother sourceswould also provide gains toward attaining the ozone NMOS. However, oil and gas industry members are the largest anthropogenic stationary source ofprecursor pollutants in the State. A disproportionate benefit to this industry would accrue iftheir 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 NMwould attain the standard by 2010 without these rules. However, this analysis suggests that ambient levels ofozone would be very close to the NMOS. These rules provide more assurance ofattaining the ozone NMOSwhile also providing for reductions that are necessaryto make progress toward the new ozone NMOS. No action would only delaythe 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 ofground-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 thatjustifythe 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 alternativewill maximize the airquality 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 StatutoryAuthority 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" AirOuality 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 ofsignificant deterioration program); 25-7-109(1)(a) (authority to require the use ofair 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 ofpermits).



### 5 CCR 1001-9 CODE OF COLORADO REGULATIONS© 2011 State ofColorado 

### 34 CR 1 and 2, 01-11 Page 104.1 All Rights Reserved 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 priorto February 1, 2009, become a NOx emission control measure that is included as part ofthe Regional Haze SIP and becomefederally enforceable upon EPA approval. The technology-based control requirements ofSection XVII.E.3.a. reduce NOx. This proposal only changes the enforceability ofthese 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 underthe Regional Haze SIP. Specifically, these provisions require good air pollution control practices and allow forexemptions from the requirements for existing rich burn RICE. The exemptions apply to any existing rich burn RICE eitherwith uncontrolled actual emissions below permitting thresholds orthat 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 ofthe state's strategyfor addressing reasonable progress towards achieving natural visibility conditions in federal Class I areas.

/'



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