IC 20 10 State of Colorado 

All RighlS Reserved 

33 CR 22 and 23, 11-10 Page 65 

CAS Toxics BIN 

23135220 Oxamyl B 

23422539 Formotanate hydrochloride c 

23505411 Pirimifos-ethyl c 

24934916 Chlormeohos c 

28347139 Xylylene dichloride c 

28772567 Bromodiolone c 

53558251 Pyriminil c 

HAPs 60153493 3-(N-Nitrosomethvlamine) (Prooionitrile) B 

HAPs 64091914 Ketone, 3-pyridyl-3-(N-methyl-N-nitrosoamino) propyl B 

HAPs 108171262 Chlorinated paraffins (C12, 60% chlorine) B 

PARTB CONCERNING CONSTRUCTION PERMITS 

Applicability 

The provisions of this Part B shall apply statewide. All sources that did not commence 

onstruction or operation prior to February 1, 1972, are required to have a construction 

e ept as specified in Section II. 

II. Gener Requirements For Construction Permits 

II.A. 

11.A.1 . Except w re specifically authorized by the terms of this Reg ation Number 3, no 

person shal ommence construction of any stationary sou e or modification of a 

stationary sour without first obtaining or having a vali nstruction permit from the 

Division. 

11.A.2. Any permit that has be issued pursuant to a ~ ·or regulation of the Commission, 

11.A.3. 

with respect to a project o the operation ther f, shall continue in full force and effect 

for the purpose for that it wa originally iss d, unless this current regulation no 

longer requires such permit, in at cas e permit can be rescinded upon request of 

the owner or operator of the per · te 

11.A.4. Construction permits for riteria pollutants, GH and hazardous air pollutants shall 

be issued based on t production/process rate r uested in the Air Pollutant 

Emission Notices milted with the permit applicatio or as requested in the 

application . Th mission rate associated with the req sted production/process rate 

shall be a per it condition. For permits to limit the poten I to emit criteria, 

pollutants, G or hazardous air pollutants the Division ma edify the 

producti /process rate, hours of operation or other requested rmit conditions in 

order create state-only or federally and practically enforceable rmit conditions; 

pr ded, however, that the applicant may decline to accept such m ifications and 

ect instead to forego limits on its potential to emit or pursues any righ f appeal or 

other available alternative. For details regarding permits to limit the pate ·al to emit 

hazardous air pollutants see Regulation Number 8, Part E, Section IV. 

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 
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11.A.5.b. The source is subject to Federal National Emission Standards for Hazardous 

Air Pollutants; or 

11.A.5.c. The source is subject to Federal Maximum Achievable Control Technology 

Generally Available Control Technology standards; or 

11.A.5.d. The source is subject to Regulation Number 8, Part E, where the mor 

specific requirements of Regulation Number 8, Part E, take precede 

requirements in this regulation. 

wners or operators of sources that have valid operating permits in a ordance with 

P C of this regulation may construct or modify such source withe obtaining a 

con ruction permit prior to construction or modification, provided e construction or 

modi ation qualifies for a minor permit modification or for oper 1onal flexibility; and 

the app · ble provisions as set forth in Sections X., XI ., or XII of Part Care met. In 

addition, I applicable requirements that are related to cons uction permit approval 

and that ar et forth in Sections 111.D.1.a. through 111.D.1 .. of this Part B remain in 

effect. 

11.A.7. A source that is v untarily applying for a permit to c ate state-only or federally 

enforceable permit nditions, as appropriate, to r it the potential to emit criteria, 

pollutants, GHG or h ardous air pollutants ma equest to obtain such limits in a 

construction permit. 

11 .B. Transfer or Assignment of Ownersh 

If transfer or assignment of ownership or operati of air pollution emission source permitted 

pursuant to this Part 8 is anticipated, the prospect1 owner or operator shall apply to the Division on 

Division supplied administrative permit amendme ms for reissuance of the existing permit. 

Section Ill. of Part A of this regulation governs t ad · istrative permit amendment procedures 

required for transfer or assignment of owners · . 

In accordance with the provisions of this s ction, the permit all be reissued upon completion of the 

transfer or assignment if the applicant c ifies that no change contemplated that might constitute a 

new or modified air pollution source. no event shall the new o ner or operator of a source that 

was subject to the requirements of ese regulations prior to the tr sfer or assignment be relieved of 

the obligation to comply with sue equirements by reason of a trans r. Such transfers are subject to 

all applicable permit processing nd inspection fees. 

If a company is changing it 

supplied administrative p it amendment forms, for reissuance of the existi permit. Section Ill. of 

Part A, governs the ad nistrative permit amendment procedures required for entifying a change in 

name. If all other pro du res and information as stated in the last submitted Air ollutant Emission 

Notice(s) remains u changed, only one Air Pollutant Emission Notice need be sub itted for each 

stationary source ndicating the name change. 

No administr ve permit amendment for transfer or assignment of ownership of a source 

complete u il a written agreement containing a specific date for transfer of permit, respon 

coverage nd liability between the current and new permittee is received by the Division. 

ermitted portable source (e.g., asphalt plants, crushers, etc.) shall have its permit number 

ermanently and prominently displayed on each major component of equipment that is a part of that 

portable source. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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xemption from Construction Permit Requirements 

An applicant may not omit an · mation regarding APEN or per · empt emission units in any 

application if such inf ion is needed to determine the applicability of 1 art C of this 

Regulation er 3), Prevention o.f Significant Deterioration (Section VI. of Part · Regulation 

, or Non attainment New Source Review (Section V. of Part D of this Regulation u 

11.D.1 . The following sources are exempt because by themselves or cumulatively as a 

category are deemed to have a negligible impact on air quality: 

11.D.1.a. Those sources exempted from the filing of Air Pollutant Emission Notices in 

Section 11.D. of Part A, of this regulation. 

11.D.1.b. Containers, reservoirs, or tanks used exclusively for dipping operations r 

coating objects with oils, waxes, greases, or natural or synthetic resi 

containing no organic solvents . 

. 1.c. Stationary Internal Combustion Engines that: 

Power portable drilling rigs; or 

c.(ii) Are emergency power generator at operate no more than 

two hundred and fifty hours per year; 

attainment are of less than five tons per year or 

orsepower of less than fifty; or 

11.D.1.d. The collection , nsmission, liquid tr tment, and solids treatment processes 

at domestic stewater treatment work , or treatment facilities that treat only 

e wastewater, except for com stion processes. 

11.D.1 .e. Eac ndividual piece of fuel burning equipment, ther than smokehouse 

g erators, that uses gaseous fuel, and that has a sign rate less than or 

qual to ten million British thermal units per hour . 

. 1.f. Gasoline stations located in ozone attainment areas, excep or stations 

located in the Denver 1-hour ozone attainmenUmaintenance a a. 

11.D.1.g. Surface mining activities that mine seventy thousand tons or fewer roduct 

material per year. A fugitive dust control plan is required for such sour s. 

Crushers, screens and other processing equipment activities are not incl 

in this exemption. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Pa ge 68 

11.D.1.h. Composting piles, however, all odor requirements of Regulation Number 2 

must be met. 

11.D.1.i. Commercial and product quality control laboratory equipment. 

11.D.1.j. Fires and equipment used for noncommercial cooking of food for huma 

consumption and for cooking of food for human consumption at com rcial 

food service establishments . 

. 1.k. Petroleum industry flares, not associated with refineries, combu ing natural 

gas containing no hydrogen sulfide except in trace (less than · e hundred 

parts per million weight) amounts, approved by the Colorad Oil and Gas 

onservation commission and having uncontrolled emissi s of any pollutant 

o ess than five tons per year. 

ii truck loading equipment at exploration an roduction sites where 

the loa · g rate does not exceed 10,000 gallons crude oil per day 

averaged n an annual basis. Condensate true oading equipment at 

exploration d production sites that splash fil ess than 6750 barrels of 

condensate p year or that submerge fill le than 16308 barrels of 

condensate per ear. Crude oil or conden te loading truck equipment at 

crude oil producti sites where the loa · grate does not exceed 10,000 

gallons per day ave ged over any thi y-day period. 

11.D.1.m. 

11.D.2. Facilities located in a nonattai ent area fo ny criteria pollutant for which the area 

is nonattainment; with total f cility uncontrolle ctual emissions (potential emissions 

at actual operating hours) at are less than the llowing amounts: 

11.D.2.a. Two tons per ear volatile organic compoun 

11.D.2.d. F e tons per year total suspended particulate. 

II .2.f. Five tons per year sulfur dioxide. 

11.D.2.g. Five tons per year nitrogen oxides. 

11.D.2.h. Two hundred pounds per year lead. 

For purposes of calculating total facility uncontrolled actual emissions, only those individual 

(or grouped) emission points requiring Air Pollutant Emission Notices are to be considered . 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 a nd 23, 11-10 Page 69 

11.D.3. Facilities located in attainment or attainment/maintenance areas for all criteria 

pollutants with total facility uncontrolled actual emissions less (potential emissions at 

actual operating hours) than the following amounts: 

11.0.3.a. Five tons per year volatile organic compounds. 

11.0.3.b. Five tons per year PM10. 

11.D.3 . . Ten tons per year total suspended particulate. 

tons per year carbon monoxide. 

r year nitrogen oxides. 

For purposes of calculating total f ility uncontrolled act I emissions, only those individual 

(or grouped) emission points requiri Air Pollutant E · sion Notices are to be considered. 

11.D .4. Facilities that emit any other cri ria pollut t that is not listed in Sections 11.D.2. and 

11.0.3., above (fluorides, sulfuric a ·d mi , hydrogen sulfide, total reduced sulfur, 

reduced sulfur compounds, and mu ·c· al waste combustor emissions), with total 

facility uncontrolled actual emission such pollutants that are less than two tons 

per year. 

11.D.5. When a facility that was previo sly exempt om permit requirements exceeds one of 

the permit de minimis levels ated in Section 11.0.2. through 11.0.4., above, due to 

the addition of new emissi points, the Divisio will issue either a facility-wide permit 

for all non-grandfathere mission units above A1 Pollutant Emission Notice de 

minimis levels, or indiv· ual emission permits for th e emission units. 

11.D.6. All incinerators re ire a permit as stated in Regulation umber1 , Section 111.B.1. 

11. D.7. Oil and gas ex oration and production operations that are dressed under Section 

11.0.1.111. oft ·s Regulation Number 3, Part A, and that are re ired to obtain a 

constructi permit, are not required to file an application for a nstruction permit 

until the are required to file an Air Pollutant Emission Notice, as et forth in Section 

11.D.1.I . The application shall include a list of all applicable require ents, and how 

the r quirements will be met until a construction permit is issued. 

11.0 .8. y person may request the Division to add source categories to the per it 

exemption list, in accordance with the procedures set forth in Section 11.D. 

of this regulation. 

Sources with a valid operating permit are not required to obtain a construction pe 

prior to commencing construction or modification, as set forth in Section 11.A.6. oft 

Part 8 . . 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Construction Permit Review Procedures 

Option for Pre Application Meeting 

Prior submitting an application for a permit, an applicant may request and, if so requested, the 

Divisio shall grant, a pre-application meeting with the applicant. At such meeting, the Division 

advise th applicant of the applicable permit requirements, including the information, plans, 

specificatio s and the data required to be furnished with the permit application. 

111.B. ·on for a Construction Permit 

111.B.1. An pplication for a Construction Permit shall be prepared on form 

supp "ed by the Division. 

111.B.2. Applicati s for Construction Permits, and modifications to C 

must inclu an Air Pollutant Emission Notice. 

111.B.3. Applications s II be signed by a person legally authori ed to act on behalf of the 

applicant. The a licant shall furnish all information d data required by the 

Division to evaluat the permit application and to e its preliminary analysis in 

accordance with Sec ·on 111.B.5. of this part. 

111.B.4. 

111.B.5. Except for applications r sources subject tot e requirements of Section VI. of Part 

D of this regulation (P evention of Significant De rioration), the Division shall 

prepare its prelimin analysis within sixty calend days after receipt of a complete 

permit applicatio The preliminary analysis allows t e Division to determine whether 

the new source ill, at date of commencement of oper lion, comply with: 

111.8.5.a. All applicable emission control regulations, 

Applicable regulations for the control of hazar 

.c. Requirements of the nonattainment and attain men rograms 

(Sections V. and VI. of Part D), and 

Any applicable ambient air quality standards and all app · 

regulations. 

The preliminary analysis shall indicate what impact, if any, the new source will ave 

(as of the projected date of commencement of operation) on all areas (attainme 

attainment/maintenance, nonattainment, unclassifiable), within the probable area 

influence of the proposed source. If so requested on the permit application form, a 

copy of this preliminary analysis shall be forwarded to the applicant postmarked no 

later than fifteen calendar days after the completion of the preliminary analysis. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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When the preliminary analysis includes modeling, the model used shall be an 

appropriate one given the topography, meteorology and other characteristics of the 

region that the source will impact. Use of any non-guideline model requires U.S. 

EPA approval under Section VIII.A. of Part A of this regulation. 

Public Comment and Hearing Requirements 

The following sources, unless exempted in Section 111.C.2., below, are subj 

public comment: 

.C.1.a. Sources with projected controlled annual emissions any pollutant 

for which an ambient air quality standard has been design ed, where such 

emissions will be greater than twenty five tons per year if e source is 

located in a nonattainment area, fifty tons per year if th source is located in 

attainment area, or two hundred pounds per year lead (for any area of 

state). 

111.C.1.b. Sources for which preliminary analysis · dicates a possible violation 

of Com ·ssion Regulation Number 2 (odor e issions). 

111.C.1 .c. 

111.C.1.d. Source ubject to Sections . or VI. of Part D of this regulation that 

are attemptin o obtain a federally en ceable limit on the potential to emit · 

of the sourc in order to avoid other requ ments. 

ources submitting an application for BART determination or 

ltemative pursuant to Regulation Numb 3, Part F. 

111.C.2. The follow· g sources are generally not required to be subj t to public comment, 

unless t Division determines that public comment is warran d pursuant to Section 

111.C.3 elow: 

.2.a. Sources of six months duration or less, except that ublic comment 

shall be required for all major sources of hazardous pollutant ithout regard 

to the duration of the operation of such source unless specifica exempted 

below. 

111.C.2.b. Demolition projects, even if asbestos materials are present, p vided 

that all the requirements of Regulation Number 8 are followed for any a all 

materials suspected of containing asbestos. 

111.C.2.c. Construction or modification of sources in accordance with the minor 

modification and operational flexibility provisions of Sections X., XI. , and XII. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 72 

of Part C of this regulation are subject to the public participation requirements 

of Part C. 

Sources for which a permit is required, but for which public comment is not required 

by Sections 111.C.1., 111.C.2.a., or 111.C.2.b., above, are exempt from public commen 

requirements unless the Division determines that public comment is warranted . 

making such determinations, the Division shall take into consideration the dur on of 

the operation, its Jocation, the nature and projected amount of emissions, an · ipated 

public concern, and other relevant factors. 

111.C.4. en public comment is required by Section 111.C.1., or when the Divi · n 

111.D. 

5 CCR 1001-5 

det mines, pursuant to Section 111.C.3., that an application warrants ublic comment, 

the DI ·sion shall, within fifteen calendar days after the preparatio f the preliminary 

analysi cause public notice of the application to be published i newspaper of 

general d tribution in the area in which the proposed project o activity is or will be 

located, an by such other means necessary to assure notic to the affected public, 

that may incl e posting of such notice on the publicly ace sible portion of the 

Division's web · e, and cause a copy of the application, e preliminary analysis and 

the draft permit to e filed with the county clerk for eac county in which the source 

is, or will be locate . The Division shall send written r electronic notice to persons 

requesting notice of p rmit applications for the typ of source or geographic area. 

For sources applying to a permit to limit the pot tial to emit criteria pollutants or 

federal hazardous air pol tants, the Division s II send a copy of the public notice 

and the draft permit to the S. EPA Adminis ator for comment. The Division shall 

also send a copy of the final rmit approv to the U.S. EPA Administrator for 

comment. The newspaper noti and th Division's web site notice shall contain all 

of the following information in Se ·ans l.C.4.a. through 111.C.4.e., below: 

111.C.4.a. 

111.C.4.b. 

111.C.4.c. That c ments concerning the a "lity of the proposed project or 

activity to co ply with the applicable stand ds and regulations of the 

Commissi are solicited from any interested erson. 

111.C.4.d. hat the Division will receive and conside ublic comments for thirty 

ar days after such publication . 

111.C.4.e. The Division's preliminary determination of app 

approval, or disapproval of the application. 

Permit Review Requirements 

equirements applicable to all construction permit applications (except th 

processing timeframes of combined construction/operating applications sha be as 

set forth in Part C, Section IV., of this Regulation Number 3). Within thirty cal dar 

days following the completion of the Division's preliminary analysis for applicati s 

not subject to the public comment, within thirty calendar days following the period r 

public comment for applications subject to public comment, or if a public comment 

hearing is held, within thirty calendar days following such hearing, the Division shall 

grant the permit if it finds that: 

CODE OF COLORADO REGULATIONS 
0 20 I 0 State of Colorado 

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33 CR 22 and 23, 11-10 Page 73 

111.0.1.a. The proposed source or activity will meet all applicable emission 

control regulations and regulations for the control of hazardous air pollutants: 

111.D.1.b. As applicable, the proposed source or activity will meet the 

requirements of the attainment program as outlined in Section V. of Part D 

this regulation, if any; 

111.D.1.c. The proposed source or activity will not cause an exceedan 

National Ambient Air Quality Standards; 

The source or activity will meet any applicable ambien 

standards and all applicable regulations; 

As applicable, the proposed source or modificati will meet the 

requ· ements of the prevention of significant deteriorati n program of Section 

VI. of rt 0 of this regulation. 

[Provided howeve , that the Division shall not deny a per it for failure of the 

proposed source to eet any applicable requirement o he state implementation 

plan where (1) there is ending an application for a r ision to the state 

implementation plan pur ant to Colorado Revised tatute, Section 25-7-305 

(Alternative Emission Red tion) that, if adopted ould require the Division to grant 

the permit and (2) the applic nt waives the tim constraints on the Division to act on 

its application until the Comm1 ion has issu its final decision on the request for a 

state implementation plan revisi and the .S. EPA has acted on the proposed 

revision to the state implementatio plan. n such circumstances, the Division shall 

delay its decision on the permit app a · n until after final action on the request for 

revision of the state implementation ~ n (including action by the U.S. EPA)]; 

111.D.1 .g. Permit appro I shall not relie e any owner or operator of the 

responsibility lo co ply fully with applic le provisions of the state 

implementation p n and any other requir ents under local, state, or federal 

law. 

11 1.D.2. RACT Requiremen for new or modified Minor Sources including new or modified 

minor emissions its at major stationary sources) of vola · e organic compounds, 

carbon monoxi , nitrogen oxides, sulfur dioxide, and PM1 ·n nonattainment and 

attainmenUm ntenance areas: 

Minor sources in designated nonattainment or 

ttainmenVmaintenance areas that are otherwise not exem pursuant to 

Section 11.D. of this Part, shall apply Reasonably Available Co trol 

Technology for the pollutants for which the area is nonattainme 

attainmenUmaintenance. 

In the Denver Metropolitan PM10 attainmenUmaintenance ar , for 

any new minor source with a potential to emit forty tons per year or mo 

nitrogen oxides or sulfur dioxide, or a modification of an existing minor 

source with a net emissions increase of forty tons per year or more of 

nitrogen oxides or sulfur dioxide, the source will install Reasonably Available 

Control Technology. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 74 

Permit Terms and Conditions 

Th Division shall include such terms and conditions in any permit as it deems necessary for the 

prop ed project or activity to qualify for the permit. 

111.F. nial or Revocation of the Construction Permit 

If the Division determines that a source cannot comply with the provisions of art B, 

ection 111.D., of this regulation, the Division shall issue its written denial of e permit 

a lication stating the reasons for such denial. Any Division denial of a rmit shall 

be me final upon mailing of the denial notice to the applicant by certif d mail. The 

appli nt may appeal the Division's final denial of a permit as provid in Section 

11 1.F.3., elow. 

111.F.2. Any applica t for a construction permit shall advise the Divisio in writing of any 

refusal to ace t any permit condition imposed by the Divisi within twenty calendar 

days after rece1 of the permit. Such refusal shall be dee ed a denial of the permit 

application. 

111.F.3. If the Division denies ermit, imposes conditions u on a permit that are contested 

by the applicant, revoke a permit, or requires a p mit from a source that may 

qualify for an exemption, e applicant or owner r operator of a source may request 

a hearing before the Comm1 ion for review o he Division's action. The request for 

a hearing must be filed with th Commissio within thirty days after the issuance of 

the permit, denial or revocation . he hear." g shall be heard in accordance with the 

provisions of Section 1.6.0. of the om 1ssion's procedural rules , Colorado Revised 

Statute Sections 25-7-114.5(8), and -7-119, (Colorado Air Pollution Prevention and 

Control Act) and Section 24-4-105, te Administrative Procedure Act). 

111.F.4. Initial Approval Expiration 

111.F.4.a. An initially proved permit sh I expire if the owner or operator of 

the source for w · h the permit was issu : (i) does not commence 

construction or peration of the source wit · eighteen months after either 

the date of is uance of the permit or the date n which such construction or 

activity wa scheduled to commence as set to in the permit, whichever is 

later: (ii) 1scontinues construction for a period o ighteen months or more: 

or (iii) es not complete construction within a reas able time of the 

esti ted completion date. 

Upon a showing of good cause by the permittee, e Division may 

grant·extensions of the permit not to exceed eighteen mont per extension. 

Construction or operation shall commence or be resumed wit · a 

reasonable period of time from the granting of the extension. In etermining 

what constitutes good cause or a reasonable period of time, the · ision 

shall consider the degree of construction already completed, the am unt 

invested or legally committed to the project, whether an extension wo 

prevent (e.g., through reservation of a Prevention Significant Deteriorati 

increment) economic development in the affected area, general economic 

conditions, the health of the community as it affects the ability of the 

permittee to proceed, and other relevant factors. The Division shall notify the 

Commission of any requested extensions and the reason given for each 

request. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 75 

11 1.H. 

Final Permit Approval 

111.G.1. Unless prior and mutually acceptable arrangements have been made, the appli 

shall not commence the operation of a stationary source for which a construe · n 

permit has been issued or reinstated without giving notice to the Division, rty 

calendar days (fifteen calendar days for portable sources) prior to the d eon which 

mmencement wilf take place. 

111.G.2. Withi 180 calendar days after commencement of operation, t source shall 

demons te to the Division compliance with the terms and nditions of the initial 

approval c struction permit. The Division may inspect t source to determine 

whether or no he operating terms and conditions oft initial approval construction 

permit have bee atisfied. At the end of 180 days e Division must revoke the 

construction permit; r, continue the constructio ermit if applicable; or, notify the 

owner or operator tha e source has demon ated compliance with the construction 

permit. 

111.G.3. 

111.G.4. it an application for an op ting permit pursuant to Part C of 

this Regulation N ber 3, including any application r a permit modification or 

permit renewa prior to issuance of a final approval co truction permit, upon 

demonstraf by the source of compliance with all terms nd conditions of the 

construe · n permit or a satisfactory final approval inspectio as required pursuant to 

this S tion 111.G., the Division may elect to either issue a final proval construction 

per 1t or allow the initial approval construction permit to continue · full force and 

ect. The Division shall provide written notice to the permittee of it leclion. 

If the Division determines that the terms and conditions of the permit have een 

satisfied , the Division shall issue in writing its final permit approval to the app · ant, or 

shall incorporate the terms and conditions into an operating permit issued in 

accordance with Part C of this regulation. Otherwise, the Division shall revoke the 

permit. 

111.G.6. Final approval may be issued at the same time as initial approval for temporary 

sources of duration of one month or less. 

Prior to issuance 9ffinal approval, the applicant shall furnish: 

An operating and maintenance plan for all contr 

ractices; and 

Whenever a er or operator wishes to cancel a permit, the owner or operator sha 

, sing forms provided by the Division. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 76 

General Construction Permits 

111.1.1 . The Qivision may issue a general construction permit covering numerous similar 

sources to a source that would otherwise be required to obtain a construction permi 

pursuant to this Part 8. Any general construction permit shall comply with all 

applicable requirements, including notice and opportunity for public participation 

where warranted for such sources. The Division may issue a general constru 

permit in accordance with one or more of the following considerations: 

.1.1.a. The control equipment utilized by the sources; 

. The design characteristics of the sources; 

e operational variability of the sources; 

111.1.2. A source shall n perform any of the following withoutfir. t obtaining a valid general 

construction perm1 from the Division pursuant to this P. vision, or a valid 

construction permit otherwise required pursuant t Section Ill. of this Part B: 

111.1.2.a. Commence con 

installation; 

111 .1.2.b. Install any machine, e 

111.1.2.e. Commence operations 

stationary source. 

same that will or do constitute a new 

111.1.3. Administration 

5 CCR 1001-5 

111.1.3.a. General con uction permits may be issue modified, revoked and 

reissued, o erminated in accordance with th revisions of this regulation. 

111.1.3.b. Source shall submit applications to be covered u der the general 

ction permit on forms provided by the Divisi 

ividual Permit Requirements 

111.1.3.c.(i) The Division may require any source autho · ed by a general 

construction permit to apply for and obtain an individ I permit. 

Cases where an individual permit may be required incl e, but are 

not limited to, the following : 

111.1.3.c.(i)(A) A change has occurred in the availability of control 

technology or practices for the control or abatement of air pollu 

applicable to the source; or 

111.1.3.c.(i)(B) Circumstances have changed since the time of the request 

to be covered so that the source is no longer appropriately controlled 

under the general construction permit. 

CODE OF COLORADO REGULATIONS 
<Cl 2010 State of Colorado 

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33 CR 22 and 23, 11-10 Page 77 

111.1.3.c.(ii) Any source authorized by a general construction permit may 

request to be excluded from the coverage of the general constructi 

permit by applying for an individual permit, as provided for under 1s 

regulation, Parts A and B. 

111.1.3.c.(iii) When the Division issues an individual permit to a urce 

otherwise subject to a general construction permit, the a licability of 

the general construction permit to the individual permi e is 

automatically terminated on the effective date of the · dividual 

permit. 

II . . 3.c.(iv) A source excluded from a general co truction permit solely 

because it already has an individual permit ay request that the 

individual permit be revoked , and that it b covered by the general 

nstruction permit. Upon revocation the individual permit, the 

ge eral construction permit shall api:i to the source. 

111.1.4. The Division shall review the ap icatio nd certify or deny the request based on 

criteria specified in the general co tr ction permit established by the Division for that 

type of source. 

111.1.5. General construction permits s 

sources will meet all applica 

111. 1.6. General construction pe its issued by the Div1 ·on may include the following 

requirements, as appr riate and as specified in ch permit: 

g and maintenance plan for all con ol equipment and control 

111.1.6.b. Ar cord keeping format for demonstrating complian 

onitoring methods to assure compliance; and 

.6.d. Alternative operating scenarios that include specific monitorin record 

keeping, and reporting methods that will assure compliance witH 

conditions. 

All general construction permits shall undergo statewide public notice. If a sou e 

wants to be covered under a general construction permit, the source must apply 

within the time period specified in the public notice. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5