Adopted Statement of Basis, 

Specific Statutory Authority and Purpose 

I.VV. Adopted October 20, 2011 

Regulation Number 3, Part A, B, C and D- addressing federal changes to the New Source Review (NSR) 

Program related to PM2.5 National Ambient Air Quality Standards (NAAQS), several recent 

Environmental Protection Agency (EPA) State Implementation Plan (SIP) actions in which EPA partially 

disapproved various SIP revisions, EPA's Deferral of Biogenic Sources of C02 Emissions, other 

miscellaneous revisions, and typographical, grammatical and formatting errors. 

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

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

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

Specific Statutory Authority 

The Colorado Air Quality Control Commission (AQCC) promulgates this regulation pursuant to the 

authority granted under Colorado Revised Statutes, Sections 25-7-105(1)(c), (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 control regulations pertaining to visible pollutants); 

and 25-7-114.4(1) (authority to adopt rules for the administration of permits). 

Basis and Purpose 

EPA promulgated federal changes to the New Source Review (NSR) Program, which must be 

incorporated into Regulation Number 3 in order to maintain consistency with the federal NSR Program 

related to PM2.5 National Ambient Air Quality Standards (NAAQS). Subsequently, EPA disapproved and 

proposed to disapprove Air Pollutant Emission Notice (APEN) exemption provisions in Regulation 

Number 3, associated with Colorado's September 1997, Apri12003 June 2003, July 2005, August 2006, 

and August 2007 SIP submittals. Also, EPA proposed its Deferral of Biogenic Sources of C02 Emissions, 

deferring biogenic carbon dioxide (C02) from regulation under the federal Prevention of Significant 

Deterioration (PSD) and Title V Permitting Programs for three years. In addressing the above actions, 

several additional Regulation Number 3 provisions were identified in need of revision. 

Sources affected by this proposal include PM2.5 and C02 emission sources, as well as open burning 

sources, mobile sources, stationary internal combustion engines, emergency generators, oil and gas 

surface water impoundments, deaerator/vacuum pump exhaust, and air curtain destructors. 

PM2.5 Related Rules 

On February 21, 2008, the AQCC adopted revisions to Regulation Number 3, Parts A and B to identify 

PM2.5 as a criteria pollutant, triggering reporting and minor source permitting requirements. However, 

the AQCC did not make corresponding revisions to major stationary source permitting requirements under 

the New Source Review (NSR) Program as the EPA had not yet promulgated the associated PM2.5 

implementation rules. Since that time, EPA promulgated a series of rules regarding the regulation of 

PM2.5 under the NSR program. See "Implementation of the New Source Review (NSR) Program for 

Particulate Matter Less than 2.5 Micrometers (PM2.5)" (73 FR 28321, May 16, 2008), "Prevention of 

Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5) -Increments, 

Significant Impact Levels (Sils) and Significant Monitoring Concentration (SMC)" (75 FR 64864, October 

20, 2010), "Requirements for Preparation, Adoption, and Submittal of Implementation Plans" (76 FR 

18870, April6, 2011), and "Implementation of the New Source Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers (PM2.5); Final Rule to Repeal Grandfather Provision" (76 FR 28646, 

May 18, 2011 ). The 2008 and 2010 rules, combined with the December 21, 2010 promulgation of the 

methodology to test for PM2.5, provide a complete framework establishing how to apply PM2.5 to the 

NSR Program. Prior to the promulgation of the December 2010 rules, application of PM2.5 to the NSR 

Program made little sense. See 75 FR 80118. Consequently, the AQCC chose to wait to adopt the suite 
of PM2.5 implementation rules until after the last of the PM2.5 implementation rules and the 2010 PM2.5 

testing methodology were finalized. 

The May 16, 2008 rule provided flexibility in designating PM2.5 precursor pollutants. While sulfur oxides 

(S02) must be treated as a PM2.5 precursor in all areas of the state, more flexibility is afforded to 

nitrogen oxides (NOx), volatile organic compounds (VOCs) and ammonia (NH3). This rule requires that 

NOx be presumed a PM2.5 precursor state-wide unless a state demonstrates that NOx is not a 

"significant contributor" to PM2.5 concentrations within any area. See 73 FR 28328. However, VOCs 

and NH3 are not required to be treated as PM2.5 precursors, except that high molecular weight VOCs 

(equal to or greater than 25 carbon atoms and low vapor pressure) will be addressed as a condensable 

particulate. See 73 FR 28329-283330. 

At this time, the AQCC has identified S02 and NOx as PM2.5 precursors, state-wide. Based on the 

limited PM2.5 modeling and monitoring data available for Colorado, the AQCC determined that there is 

insufficient evidence to claim either way that NOx emissions do or do not contribute significantly to the 

concentration of PM2.5 in any area in Colorado. Without evidence to narrow the identification of NOx as 

a precursor to specific areas, Colorado must identify NOx as a PM2.5 precursor state-wide. Less is 

known about VOCs and NH3 and their contribution to PM2.5 in Colorado, and so Colorado has chosen to 

not identify them as PM2.5 precursors at this time. 

EPA Partial Disapproval Actions 

On October 3, 2011, EPA's action granting partial disapproval and partial approval of revised Air Pollution 

Emission Notice (APEN) and permitting exemptions that the Commission submitted to EPA as SIP 

revisions in September 1997, June 2003, July 2005, August 2006, and August 2007, was published in the 

Federal Register. See 76 FR 61054. EPA partially disapproved APEN exemptions for open burning, 

mobile sources, stationary internal combustion engines, emergency generators, oil and gas surface water 

impoundments, deaerator/vacuum pump exhaust, and air curtain destructors. The basis for EPA's 

disapproval of the subject provisions and the revisions intended to address each provision are as follows: 

Open burning APEN exemption was corrected to reference federally enforceable Regulation Number 1 

(Part A, Section II.D.1.q.). EPA commented that the change in reference from Regulation Number 1, 

which is part of Colorado's SIP, to Regulation Number 9, which is not part of Colorado's SIP, was not 

approvable. 

Mobile sources APEN exemption was clarified (Part A, Section II. D. 1. ppp.) and associated revisions were 

made to the insignificant activities list (Part C, Section II.E.3.uuu.). EPA commented that these 

exemptions only apply to stationary sources, not non-road engines and not sources being used for 

transportation purposes. 

Stationary internal combustion engine APEN exemption was repealed (Part A, Section II.D.1.sss.) and 

related revisions were made to the associated permitting exemption (Part B, Sections II.D.2.c., and 

II.D.2.c.(i)-(iii)) and insignificant activities list (Part C, Section II.E.3.nnn.). EPA commented that the APEN 

exemption should require recordkeeping and reporting. The AQCC repealed the APEN exemption and 

revised the permit exemption to be consistent with current SIP approved language instead of requiring 

additional recordkeeping and reporting. Note that while the categorical exemption is being repealed, 

sources may still utilize the general one and two ton APEN exemptions found in Part A, Section II.D.1.a. 

Emergency generator APEN exemption was repealed (Part A, Section II.D.1.ttt.), and related revisions 

were made to the associated permitting exemption (Part B, Sections II.D.2.c., and II.D.2.c.(i)-(iii)) and 

insignificant activities list (Part C, Section II.E.3.nnn.). EPA commented that the APEN exemption should 

require recordkeeping and reporting. The AQCC repealed the APEN exemption, and revised the permit 

exemption to be consistent with current SIP approved language instead of requiring additional 

recordkeeping and reporting. Note that while the categorical exemption is being repealed, sources may 

still utilize the general one and two ton APEN exemptions found in Part A, Section II.D.1.a. 
Surface water impoundment APEN exemption was clarified (Part A, Section II.D.1.uuu.) and related 

revisions were made to the associated permitting exemption (Part B, Section II.D.1.m.) and insignificant 

activities list (Part C, Section II.E.3.yyy.). EPA commented that the APEN exemption should be clarified 

to confirm that the exemption applied to oil and gas produced water. In addition to making this revision, 

the AQCC also clarified exceptions to these exemptions and insignificant activity. 

Deaerator/vacuum pump exhaust APEN exemption was repealed (Part A, Section II.D.1.xxx.) and 

associated revisions were made to the insignificant activities list (Part C, Section II.E.3.uuu.). EPA 

commented that it was unclear what these activities were. The AQCC is unaware of any source making 

use of this exemption, and thus has removed this exemption and associated insignificant activity. 

Air curtain destructor APEN exemption removal (Part A, Section II.D.1.ffff.). EPA commented that 

because air curtain destructors meet the SIP approved definition of an incinerator and as such are 

required to submit APENs and obtain permits, that this exemption should be removed. 

On February 4, 2011, EPA's action granting partial approval and partial disapproval of SIP revisions 

submitted to EPA in April 2003 and June 2003, was published in the Federal Register. See 76 FR 6331. 

Those 2003 SIP revisions to Regulation Number 3 revised APEN exemptions and permitting exemptions 

in Regulation Number 3, Parts A and B, respectively. To address EPA's concerns, the following 

provisions that EPA disapproved or on which EPA otherwise provided comment, were revised or removed 

as follows: 

Stationary internal combustion engines 10 ton per year permitting exemption in attainment areas (Part B, 

Sections II.D.1.c., and II.D.1.c.(iii)). EPA commented that Colorado did not make the anti-backsliding 

demonstration necessary to increase the permitting exemption threshold from 5 tons per year to 1 0 tons 

per year. The AQCC opted to revert back to the 5 tons per year threshold that EPA previously approved 

instead of making the necessary demonstration at this time. Note that this revision does not prevent any 

source from making use of the facility-wide permit exemptions found in Part B, Sections II.D.2. or II.D.3. 

Non-road engine state-only requirements (Part A, Sections I.B.31.c. and I.B.31.d.). EPA commented that 

it could not approve provisions which are identified as state-only provisions. The AQCC agrees and has 

further placed "(State-only Requirement)" at the beginning of these sections to clearly identify that they 

are state-only provisions. 

Biogenics Deferral Revisions: 

On June 3, 2010, EPA's "Prevention of Significant Deterioration and Title V Greenhouse Gas (GHG) 

Tailoring Rule," commonly called the GHG Tailoring Rule, was published in the Federal Register. See 75 

FR 31514. EPA's GHG Tailoring Rule was designed to tailor the applicability criteria that determine which 

stationary sources and modification projects become subject to permitting requirements for GHGs under 

the Prevention of Significant Deterioration (PSD) and Title V Permitting Programs of the Clean Air Act 

(CAA). 

On July 20, 2011, EPA's "Deferral for C02 Emissions from Bioenergy and Other Biogenic Sources Under 

the Prevention of Significant Deterioration (PSD) and Title V Programs," commonly called the Biogenic 

Deferral, was published in the Federal Register. See 76 FR 43490. Beginning July 1, 2011, EPA's 

Biogenic Deferral temporarily excludes biogenic C02 emissions from the definition of "subject to 

regulation" to allow biogenic sources of carbon dioxide (C02) emissions a three year deferral from the 

PSD and Title V permitting requirements; the three year deferral applies even if the source's GHG 

emissions exceed the threshold established in the Tailoring Rule. To maintain consistency with 

implementation of federal requirements associated with the Tailoring Rule and the associated Biogenic 

Deferral, the AQCC incorporated EPA's Biogenic Deferral into Colorado's PSD and Title V Permitting 

Programs, as follows: 
Revise the existing definition of Subject to Regulation consistent with EPA's proposed Biogenic Deferral 

(Part A, Section 1.8.44.b.). 

Other Revisions: 

In addressing the above actions, the AQCC made several additional Regulation Number 3 revisions that 

relate to: revising the time frame for reporting the Notice of Startup to the Division from thirty days prior to 

fifteen days after commencing operation, which is consistent with Colorado's House Bill10-1042, as 

codified in 25-7-114.5(12)(a), C.R.S.; including NOx as a precursor to ozone in ozone significant 

monitoring concentration (SMC) and removing the total suspended solid SMC, both consistent with 

federal requirements; and making typographical, grammatical and formatting corrections. 

Additional Considerations 

These adopted rules are mandated by federal law and necessary to maintain EPA approval of Colorado's 

SIP. The revisions associated with the PM2.5 Implementation Rules and Biogenics Deferral mirror the 

federal requirements. While the PM2.5 Implementation Rules do allow States the opportunity to deviate 

from the specified PM2.5 precursor pollutants, Colorado does not have sufficient modeling and monitoring 

data available to support a decision to identify VOC and NH3 as PM2.5 precursors or narrow the area in 

which NOx is identified as a PM2.5 precursor in Colorado. The related revisions adhere to federal 

requirements [as required by Sections 25-7-105(1), 25-7-201(a) and 25-7-203, and 25-7-302, C.R.S.), 

and therefore the provisions of Sections 25-7-110.5(5) and 110.8, C.R.S. do not apply to these revisions. 

With respect to EPA's SIP disapproval actions, while the AQCC must address EPA's comments, 

Colorado has some flexibility in addressing those comments. Here, the provisions of Sections 25-7-

11 0.5(5) and 11 0.8, C.R.S. apply to this rulemaking. Thus, the AQCC makes the following 

determinations only as they pertain to the SIP disapproval actions, and only where the AQCC has 

flexibility in addressing EPA's comments. 

Pursuant to 25-7-110.5(5). C.R.S., the AQCC makes the determination that: 

(I) EPA's SIP disapproval actions are federal requirements that may apply to this rulemaking. 

(II) The applicable federal requirements imposing emission reporting and permitting are 

performance based. While the AQCC must address EPA's comments, there is some flexibility in 

how best to address those comments. 

(Ill) Regarding EPA's comments on the APEN exemptions, accurate actual emissions data for 

open burning sources, mobile sources, stationary internal combustion engines, emergency 

generators, oil and gas surface water impoundments, deaerator/vacuum pump exhaust, and air 

curtain destructors is limited, although more is known about the engines, generators and air 

curtain destructors. The AQCC concluded that the adopted rule will clarify and generally improve 

Colorado's inventory of emissions from these sources in Colorado, and thus the reporting 

components are essential to this effort. 

(IV) With respect to APEN associated permitting exemption revisions, these revisions strike an 

appropriate balance between exempting small emission sources, ensuring that Colorado has a 

reasonably accurate inventory, as well as ensuring that reporting and permitting requirements are 

reasonably uniform and equitable. 

(V) The AQCC is not aware of any timing issue that could justify changing the timeframe in which 

these rules are implemented. There are deadlines by which states are expected to implement 

federally mandated changes, with potential sanctions for failing to meet these deadlines. 
(VI) The APEN and associated permitting exemption and insignificant activity requirements in 

question are not specifically designed with a margin for accommodation, but instead will rely on 

the opportunity for future revisions, as necessary, to adjust for uncertainty and future growth. 

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

providing the same requirements for similarly situated sources. 

(VIII) If revisions to the APEN and permitting exemptions and insignificant activities are not 

adopted, while there would be no change in cost to industry, Colorado's emissions inventory 

accuracy will not improve. Emissions inventories are essential tools in protecting public health 

and the environment. A less accurate emissions inventory may translate into a public health and 

welfare and environmental cost, by delaying the time necessary to improve the inventory when 

developing plans to address future NAAQS. 

(IX) The proposed revisions include no requirements that differ from applicable federal 

requirements. 

(X) Demonstrated technology is available to comply with the particulate matter permitting 

requirements. Sources are already using the control devices intended to be used to comply with 

this rule. 

(XI) The adopted rules will contribute to prevention of pollution, by having sources more 

accurately assess emissions to determine if APEN reporting or permitting requirements apply. 

Understanding emissions is essential in preventing pollution. 

(XII) Because these rules are federally mandated, no alternative rules would address the 

requirements in question. 

Further, pursuant to 25-7-110.8(1), C.R.S., the AQCC makes the determination that: 

(I) The rule is based upon reasonably available, validated, reviewed, and sound scientific 

methodologies, and the AQCC has considered all information submitted by interested parties. 

(II) These amendments are largely administrative in nature as they relate to APEN reporting, 

permitting exemptions and insignificant activities. 

(Ill) Evidence in this record supports the finding that the rule shall bring about reductions in risks 

to human health and the environment that justify the costs to implement and comply with the rule. 

(IV) The rule is the most cost effective, provides the regulated community flexibility, and achieves 

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. 

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Adopted Language by the Commission 

(in redline & footer noting adoption date and page numbers) 

DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 

Air Quality Control Commission 

REGULATION NUMBER 3 

STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE 

REQUIREMENTS 

5 CCR 1001-5 

Outline of Regulation 

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING 

PARTB CONCERNING CONSTRUCTION PERMITS 

PARTC CONCERNING OPERATING PERMITS 

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION 

PARTE RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS 

PART F REGIONAL HAZE LIMITS- BEST AVAILABLE RETROFIT TECHNOLOGY (BART) 

AND REASONABLE PROGRESS (RP) 

PARTG STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 

Regulation Number 3 

Style Guide 

Many provisions of this Regulation Number 3 have been approved by the U.S. EPA for incorporation into 

Colorado's State Implementation Plan (SIP). Some provisions are currently under review by the U.S. 

EPA The following guide to the font styles used in this Regulation Number 3 can be used to identify 

those provisions that have been adopted by the Air Quality Control Commission and are currently under 

review by the U.S. EPA 

*Italicized text will become effective when the U.S. EPA approves that language for incorporation into the 

state implementation plan 

*Underlined text will be effective until the U.S. EPA approves the italicized text for incorporation into the 

state implementation plan 

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING 

I. Applicability 

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

otherwise provided herein. 

Regulation Number 3 

Adopted: October 20, 2011 Page 1 

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The portions of Regulation Number 3 printed in italics are not effective until the date on which the U.S. 

EPA promulgates a final rule adopting the revisions to Regulation Number 3 as a permanent part of the 

state implementation plan. 

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

construction permit, and are subject only to the Part 8 Construction Permit Program, may choose to 

reapply for a new construction permit pursuant to Part 8 of this Regulation Number 3 in order to obtain 

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

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

subject only to the Part 8 Construction Permit Program may voluntarily apply for an Operating Permit 

pursuant to Part C. 

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

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

cost from the Technical Secretary of the Air Quality Control Commission (the Commission), 4300 Cherry 

Creek Drive South, Denver, Colorado 80246-1530, or may be examined at the State Publications 

Depository and Distribution Center. Materials incorporated by reference are those editions in existence 

as of the date of this regulation as promulgated or revised by the Commission and references do not 

include later amendments to or editions of the incorporated materials. 

1.8. Definitions 

1.8.1. Administrative Permit Amendment. 

I. 8.1. a. A permit revision that: 

1.8.1.a.(i) Corrects typographical errors; 

1.8.1.a.(ii) Identifies a change in the name, address, or phone number of 

any person identified in the permit, or provides a similar minor 

administrative change at the source; 

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

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

source where the Division determines that no other change in the permit 

is necessary, provided that a written agreement containing a specific 

date for transfer of permit responsibility, coverage, and liability between 

the current and new permittee has been submitted to the Division; 

1.8.1.b. An administrative permit amendment for purposes of the acid rain portion of a 

permit shall be governed by regulations promulgated under Title IV of the Federal 

Act, found at Code of Federal Regulations Title 40, Part 72. 

1.8.2. Administrator 

The administrator of the U.S. Environmental Protection Agency (U.S. EPA). 

1.8.3. Adverse Environmental Effect 

As a term used in the context of regulating hazardous air pollutants, any significant and 

widespread adverse effect, that may reasonably be anticipated, to wildlife, aquatic life, or other 

natural resources, including adverse impacts on populations of endangered or threatened species 

or significant degradation of environmental quality over broad areas. 

Regulation Number 3 

Adopted: October 20,2011 Page2 
1.8.4. Affected States 

All states whose air quality may be affected by issuance of an operating permit, operating permit 

modification, or operating permit renewal and that are contiguous to Colorado; and/or all states 

that are within fifty miles of a permitted source. 

1.8.5. Affected Unit 

A unit that is subject to any acid rain emissions reduction requirement or acid rain emissions 

limitation pursuant to Title IV of the Federal Act or regulations promulgated there under, in the 

Code of Federal Regulations Title 40, Part 72. 

1.8.6. Air Pollutant 

Means carbon monoxide, nitrogen oxides, sulfur dioxide, PM10, PM2.5, total suspended 

particulates, ozone, volatile organic compounds, lead, all pollutants regulated under Section 111 

of the Federal Act (Regulation Number 6), all hazardous air pollutants, and all class I and class II 

ozone depleting compounds as defined and referenced in Section 602 of the Federal Act. 

1.8.7. Allowable Emissions 

The emissions rate of a stationary source calculated using the maximum rated capacity of the 

source (unless the source is subject to federally enforceable, or enforceable as a practical matter, 

permit conditions that restrict the operating rate or hours of operation, or both) and the most 

stringent of the following: 

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

source performance or hazardous air pollutants; 

1.8.7.b. The applicable Colorado Emission Control Regulation; or 

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

practical matter, permit condition, including those with a future compliance date. 

1.8.8. Annual Actual Emissions 

The actual rate of emissions of a pollutant, excluding excess emissions from a malfunction, or 

startups and shutdowns associated with a malfunction. Annual actual emissions shall be 

calculated using the source's actual operating rates, and types of materials processed, stored, or 

combusted during the calendar year. 

1.8.9. Applicable Requirement 

Means all of the following as they apply to emissions units in a source subject to operating permit 

requirements of this regulation (including requirements that have been promulgated or approved 

by the U.S. EPA through rulemaking at the time of permit issuance but have future effective 

compliance dates); 

1.8.9.a. Any term or condition of any construction permit issued pursuant to Part 8 of this 

Regulation Number 3, or any such term or condition as modified by procedures 

authorized by the operating permit program pursuant to Parts 8 and C of this 

Regulation, or any permit issued under Part C or Part D of the Federal Act, 

except that state-only permit terms or conditions shall remain enforceable solely 

pursuant to state law; 

Regulation Number 3 

Adopted: October 20, 2011 Page3 

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1.8.9.b. Any standard or other requirement provided for in the state implementation plan; 

1.8.9.c. Any standard or other requirement under Section 111 of the Federal Act (New 

Source Performance Standards), including Section 111 (d) of the Federal Act 

(Standards of Performance for existing sources) (Regulation Number 6); 

1.8.9.d. Any standard or other requirement under Section 112 of the Federal Act 

(hazardous air pollutants, including any requirement concerning accident 

prevention under Section 112(r)(7) of the Federal Act) (Regulation Number 8) but 

not including the contents of any risk management plan required under Section 

112(r) of the Federal Act; 

1.8.9.e. Any requirements for monitoring and compliance assurance monitoring methods 

and procedures to ensure compliance with permit requirements, including 

periodic monitoring and testing, and compliance certifications, established 

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

1.8.9.f. Any standards or other requirement under the Code of Federal Regulations Title 

40, Part 72 (acid deposition control); 

1.8.9.g. Any standard or other requirement governing solid waste incineration; 

1.8.9.h. Any standard or other requirement for consumer and commercial products; 

1.8.9.i. Any standard or other requirement of the regulations promulgated to protect 

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

Administrator has determined such requirement need not be contained in an 

operating permit (Regulation Number 15); 

1.8.9.j. Any national ambient air quality standard or increment or visibility requirement 

under Part C of Title I of the Federal Act, but only as it would apply to temporary 

sources permitted pursuant to Part C of this Regulation Number 3. 

1.8.10. Carbon Dioxide Equivalent (C02e) 

A metric used to compare the emissions from various GHG classes based upon their global 

warming potential (GWP). The C02e is determined by multiplying the mass amount of emissions 

(tons per year), for each GHG constituent by that gas's GWP, and summing the resultant values 

to determine C02e (tons per year). The applicable GWPs codified in 40 CFR Part 98, Subpart A, 

Table A-1 -Global Warming Potentials are hereby incorporated by reference as in effect as of 

October 30, 2009, but not including later amendments. 

I. 8.11. Commence, also Commence Construction 

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

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

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

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

or modified without substantial loss to the owner or operator, to undertake a program of actual 

construction of the source to be completed within a reasonable time. The following activities do 

not require the owner or operator to obtain a permit: 1) planning; 2) site clearing and grading; 3) 

ordering of equipment and materials; 4) storing of equipment; 5) setting up temporary trailers to 

house construction management staff and contractor personnel; 6) engineering and design; and 

7) geotechnical investigation. In the event that the source does not qualify for issuance of a 

permit, the owner or operator accepts the financial risk of commencing these activities. 

Regulation Number 3 

Adopted: October 20, 2011 Page4 
1.8.12. Commencement of Operation 

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

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

I. 8.13. Construction Permit 

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

prior to July 1, 1992, and is the permit required under Colorado Revised Statutes Section 25-7-

114.2 after July 1, 1992. 

1.8.14. Continuous Emissions Monitoring System (GEMS) 

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

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

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

basis. 

I. 8.15. Continuous Emissions Rate Monitoring Systems (GERMS) 

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

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

I. 8.16. Continuous Parameter Monitoring System (CPMS) 

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

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

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

flow rate, 02 or C02 concentrations}, and to record average operational parameter value(s) on a 

continuous basis. 

1.8.17. Criteria pollutants 

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

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

PM2.5), sulfur dioxide (direct emissions and as a precursor to PM2.5), PM1 0, PM2.5, total 

suspended particulate matter, ozone, volatile organic compounds (as a precursor to ozone), and 

lead. 

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

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

compounds, municipal waste combustor organics, municipal waste combustor metals, and 

municipal waste combustor acid gases. 

I. 8.18. Designated Representative 

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

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

submitted in accordance with Subpart 8 of Code of Federal Regulations, Title 40, Part 72, to 

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

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

to the designated representative with regard to all matters under the acid rain program. 

1.8.19. Draft Permit 

Regulation Number 3 

Adopted: October 20, 2011 PageS 
Means a proposed form of a permit that is released to the public for an opportunity for public 

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

permit application. 

I. 8.20. Existing Source 

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

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

1.8.21. Fugitive Dust 

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

matter (excluding particulates produced directly during combustion) resulting from natural forces 

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

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

either moved, stored, transported, or redistributed; except that fugitive dust shall not include any 

fraction of such soil or other airborne particulate matter that is of a size or substance to adversely 

affect public health or welfare. 

1.8.22. General Permit 

Means a single permit issued to cover numerous similar sources. 

1.8.23. Greenhouse Gas (GHG) 

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

oxide (N20), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur 

hexafluoride (SF6). These gases are treated in aggregate based on the total carbon dioxide 

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

1.8.24. Indirect Source 

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

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

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

attainment and maintenance of National Ambient Air Quality Standards. 

1.8.25. Major Source 

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

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

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

that: 

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

Regulation Number 3 

Adopted: October 20, 2011 

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

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

pollutants, or such lesser quantity of hazardous air pollutants as may be 

established pursuant to the Federal Act. Emissions from any oil or gas 

exploration or production well (with its associated equipment) and emissions from 

any pipeline compressor or pump station shall not be aggregated with emissions 

from other similar units, whether or not such units are in a contiguous area or 

under common control, to determine whether such units or stations are major 

sources, and in the case of any oil or gas exploration or production well (with its 

associated equipment), such emissions shall not be aggregated for any purpose 

Page6 
Regulation Number 3 

under this provision. Fugitive emissions shall be considered in determining 

whether a stationary source of hazardous air pollutants is a major source. 

I.B.25.b. Directly emits, or has the potential to emit, one hundred tons per year or 

more of any pollutant subject to regulation. Fugitive emissions shall not be 

considered in determining whether a source is a major source for purposes of 

this Section I.B.25.b., unless the source belongs to one of the following 

categories of stationary sources: 

I.B.25.b.(i) 

I.B.25.b.(ii) 

I. 8.25. b. (iii) 

I.B.25.b.(iv) 

I.B.25.b.(v) 

I.B.25.b.(vi) 

I.B.25.b.(vii) 

Coal cleaning plants (with thermal dryers); 

Kraft pulp mills; 

Portland cement plants; 

Primary zinc smelters; 

Iron and steel mills; 

Primary aluminum ore reduction plants; 

Primary copper smelters; 

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

refuse per day; 

I.B.25.b.(ix) 

I.B.25.b.(x) 

I.B.25.b.(xi) 

I.B.25.b.(xii) 

Hydrofluoric, sulfuric, or nitric acid plants; 

Petroleum refineries; 

Lime plants; 

Phosphate rock processing plants; 

I.B.25.b.(xiii) Coke oven batteries; 

I.B.25.b.(xiv) Sulfur recovery plants; 

I.B.25.b.(xv) Carbon black plants (furnace process); 

I.B.25.b.(xvi) Primary lead smelters; 

I.B.25.b.(xvii) Fuel conversion plants; 

I.B.25.b.(xviii) Sintering plants; 

I.B.25.b.(xix) Secondary metal production plants; 

I.B.25.b.(xx) Chemical process plants; 

I.B.25.b.(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 

250 million British thermal units per hour heat input; 

I.B.25.b.(xxii) Petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels; 

Adopted: October 20,2011 Page 7 
1.8.25.b.(xxiii) Taconite ore processing plants; 

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

1.8.25.b.(xxv) Charcoal production plants; 

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

British thermal units per hour heat input; or 

1.8.25.b.(xxvii) Any other stationary source categories regulated by a standard 

promulgated as of August 7, 1980 under Section 111 or 112 of the 

Federal Act, but only with respect to those air pollutants that have been 

regulated for that category. 

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

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

1.8.26. Minor Source 

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

above). 

1.8.27. Mobile Source 

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

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

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

portable sources. 

1.8.28. Modification 

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

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

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

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

previously not emitted. The following exceptions apply: 

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

physical change; 

1.8.28.b. Unless previously limited by enforceable permit terms and conditions, the 

Regulation Number 3 

Adopted: October 20, 2011 

following shall not be considered to be a change in the method of operation: 

I.B.28.b.(i) An increase in the production rate if such increase does not 

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

in excess of the emission standards; 

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

emissions in excess of the emission standards. 

I.B.28.b.(iii) Use of an alternative fuel or raw material by reason of an order in 

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

Environmental Coordination Act of 1974 (or any superseding legislation), 

a prohibition under the Federal Power Plan and Industrial Fuel Act of 

PageS 
1978 (or any superseding legislation) or by reason of a natural gas 

curtailment plan in effect pursuant to the Federal Power Act; 

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

Section 125 of the Federal Act; or 

I. 8.28. b. (v) Change in ownership of the source. 

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

in determining whether a modification will occur. Emissions from on-going 

construction, and emissions from natural gas flaring are not considered to be 

temporary emissions, and are included in determining whether a modification will 

occur. 

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

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

regulation)-- these are distinct and separate definitions. 

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

with an operating permit issued pursuant to Part C of this Regulation Number 3, 

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

II.A.22. of this Regulation Number 3) and that does not trigger new source 

performance standards or hazardous air pollutant requirements under the 

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

shall trigger the provisions of Part 8, Section III.D.1.a. through III.D.1.g., and Part 

C, Sections X.A., and Part C Sections XII .A or XII. B., as appropriate. 

for Administrative Permit Amendment see Section I. B. 1. of Part A 

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

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

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

for Permit Revision, see Section 1.8.34. of Part A 

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

1.8.29. New Source 

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

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

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

the control of hazardous air pollutants. 

1.8.30. Non-criteria Reportable Pollutants 

The list of pollutants set forth in Appendix 8 and those ozone-depleting compounds listed in 

Section 602 of the Federal Act. 

1.8.31. Non-Road Engine 

Regulation Number 3 

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

engine is an internal combustion engine: 

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

dual purpose by both propelling itself and performing another function 

(such as garden tractors, off-highway mobile cranes and bulldozers); or 

Adopted: October 20, 2011 Page 9 

I i 

I 
1.8.31.b. 

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

while performing its function (such as lawnmowers and string trimmers); 

or 

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

transportable, meaning designed to be and capable of being carried or 

moved from one location to another. Indicia of transportability include, 

but are not limited to wheels, skids, carrying handles, dolly, trailer or 

platform. 

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

1.8.31.b.(i) The engine is used to propel a motor vehicle or a vehicle used 

solely for competition, or is subject to standards promulgated under 

Section 202 of the Federal Act; or 

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

Standard promulgated under Section 111 of the Federal Act; or 

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

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

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

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

facility, or installation. Any engine (or engines) that replaces an engine 

at a location and that is intended to perform the same or similar function 

as the engine replaced will be included in calculating the consecutive 

time period. An engine located at a seasonal source is an engine that 

remains at a seasonal source during the full annual operating period of 

the seasonal source. A seasonal source is a stationary source that 

remains in a single location on a permanent basis (i.e., at least two 

years) and that operates at a single location approximately three months 

(or more) each year. This Section does not apply to an engine after the 

engine is removed from the location. 

1.8.31.c. (State-only Requirements) Non-road engines not co-located at an 

Regulation Number 3 

Adopted: October 20, 2011 

existing major source 

An operator of a non-road engine as defined in Section I.B.31.a.(iii), above, with 

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

such non-road engines each with a manufacturer's site-rated horsepower of 

1,200 or greater, that operate more than 4,380 hours per year at the same 

location are subject to the following state-only requirements: 

1.8.31.c.(i) Submit an air pollutant emission notice and pay the appropriate 

fees pursuant to Section VI. of Part A of this regulation; 

I.B.31.c.(ii) Submit an application for a site-specific, temporary, non-road 

engine permit on forms supplied by the Division if the estimated annual 

actual emissions reported on the Air Pollutant Emission Notice, as 

required by Section 1.8.31.c.(i), are equal to or exceed one hundred tons 

per year or more of nitrogen oxides, 1 00 tons per year or more of carbon 

monoxide, or forty tons per year or more of sulfur dioxide. After receipt 

and review of a complete application, the Division shall issue a state-only 

non-road engine permit containing such terms and conditions as are 

necessary to protect the ambient air quality standards. 

Page 10 
1.8.31.c.(iii) The operator of a non-road engine that is exempt based on 

hours of operation or the annual emissions thresholds described above, 

must maintain sufficient records to verify that the engine or engines are 

exempt from the state-only reporting and permit requirements. Such 

records shall be made available for Division review upon request. 

1.8.31.d. (State-only Requirements) Non-road engines co-located at an existing major 

source of nitrogen oxides and sulfur dioxide 

An operator of a non-road engine or aggregation of engines each with a manufacturer's 

site-rated horsepower of 1 ,200 or greater, and are non-road engines under Section 

1.8.31.a.(iii) of this definition, are subject to the following state-only requirements: 

1.8.31.d.(i) Submit an air pollutant emission notice and pay the fees required 

by Section VI. of this Part; 

I. 8.31.d.(ii) Submit an application for a site-specific, temporary, state-only 

non-road engine permit on forms supplied by the Division if the estimated 

annual actual emissions reported on the air pollutant emission notice, as 

required by Section 1.8.29.d.(i), are equal to or exceed forty tons per year 

or more of nitrogen oxides, one hundred tons per year or more of carbon 

monoxide, or forty tons per year or more of sulfur dioxide. After receipt 

and review of a complete application, the Division shall issue a 

temporary state-only non-road engine permit containing such terms and 

conditions as are necessary to protect the ambient air quality standards. 

1.8.31.d.(iii) The operator of a non-road engine that is 1,200 horsepower or 

greater, but is exempt on the basis of the annual emissions thresholds 

described above, must maintain sufficient records to verify that the 

engine or engines are exempt from the state-only reporting and permit 

requirements. Such records shall be made available for Division review 

upon request. 

1.8.32. Operating Permit 

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

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

Number 3. 

1.8.33. Operating Permit Source 

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

1.8.34. Permit Revision 

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

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

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

revision under any other applicable requirement. 

1.8.35. Pollution Prevention 

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

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

emissions) and other pollutants to the environment prior to recycling, treatment, or disposal. This 

Regulation Number 3 

Adopted: October 20, 2011 Page 11 
definition does not include recycling (other than certain "in-process recycling" practices), energy 

recovery, treatment, or disposal. 

1.8.36. Portable Source 

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

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

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

1.8.37. Potential to Emit 

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

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

pollutant, including air pollution control equipment and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design 

if the limitation or the effect it would have on emissions is state enforceable and federally 

enforceable. Secondary emissions do not count in determining the potential to emit of a 

stationary source. 

1.8.38. Predictive Emissions Monitoring System (PEMS) 

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

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

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

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

1.8.39. Regulated Air Pollutant 

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

reactive volatile organic compounds in the Common Provisions regulation; any pollutant for which 

a national or state ambient air quality standard has been promulgated; any pollutant that is 

subject to any standard promulgated under Section 111 of the Federal Act (Regulation Number 

6); any class I or II substance subject to a standard promulgated under or established by Title VI 

of the Federal Act; any pollutant subject to a standard promulgated under Section 112 or other 

requirements established under Section 112 of the Federal Act, including Sections 112(g), U), and 

(r) of the Federal Act; and any pollutant subject to a standard promulgated pursuant to Colorado 

Revised Statutes Section 25-7-109.3(5)(a), (state-only hazardous air pollutants listed in Section 

25-7-109.3(5)(a) are subject to state enforcement only and do not trigger enforcement by the 

Administrator or by citizens under Section 304 of the Federal Act.) 

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

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

1.8.40. Responsible Official 

One of the following: 

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

Regulation Number 3 

Adopted: October 20, 2011 

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

who performs similar policy or decision making functions for the corporation, or a 

duly authorized representative of such person if the representative is responsible 

for the overall operation of one or more manufacturing, production, or operating 

facilities applying for or subject to a permit and either: 

Page 12 
I.B.40.a.(i) The facilities employ more than two hundred and fifty persons or 

have gross annual sales or expenditures exceeding twenty-five million 

dollars (in second quarter 1980 dollars); or 

I.B.40.a.(ii) The delegation of authority to such representative is approved in 

advance by the Division; 

I.B.40.b. For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively; 

I.B.40.c. For a municipality, state, federal, or other public agency; either a 

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

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

executive officer having responsibility for the overall operations of a principal 

geographic unit of the agency; or 

I.B.40.d. For affected sources: 

I.B.40.d.(i) The designated representative in so far as actions, standards, 

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

regulations, found at Code of Federal Regulations Title 40, Part 72, 

promulgated there under are concerned; and 

I.B.40.d.(ii) The designated representative under Title IV of the Federal Act 

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

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

1.8.41. Schedule of compliance 

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

leading to compliance with an applicable state implementation plan, emission standard, emission 

limitation, emission prohibition, or emission control regulation. 

1.8.42. State-only Condition 

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

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

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

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

to create a federally enforceable emissions limitation in order to create a synthetic minor source 

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

the Federal Act. 

1.8.43. Stationary Source 

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

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

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

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

directly from an internal combustion engine for transportation purposes or from a non-road engine 

as defined in Section 1.8.29. of this Part shall not be considered a stationary source. Building, 

structures, facilities, equipment, and installations shall be considered to belong to the same 

industrial grouping if they belong to the same major groups (i.e., have the same two-digit codes) 

as described in the Standard Industrial Classification Manual, 1987, but not later amendments. 

See National Technical Information Service, Order Number PB 87-100012. The manual is 

Regulation Number 3 

Adopted: October 20, 2011 Page 13 
available for examination at the office of the Director of the Air Pollution Control Division, 

Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, 

Colorado 80246-1530. 

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

for Existing Source, see Section 1.8.20. of Part A 

for Indirect Source, see Section 1.8.24. of Part A 

for Major Source, see Section 1.8.25. of Part A 

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

for Minor Source, see Section 1.8.26. of Part A 

for Mobile Source, see Section 1.8.27. of Part A 

for New Source, see Section 1.8.29. of Part A 

for Portable Source, see Section 1.8.36. of Part A 

for Temporary Source, see Section 1.8.45. of Part A 

1.8.44. Subject to Regulation 

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

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

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

that such a control requirement has taken effect and is operative to control, limit or restrict the 

quantity of emissions of that pollutant released from the regulated activity, except that: 

1.8.44.a. GHG shall not be subject to regulation except as provided in Sections 

1.8.44.d. through f. of this Part A. 

1.8.44.b. For purposes of Section 1.8.44.c. through e., the term C02e of this Part 

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

1.8.44.b.(i) Multiplying the mass amount of emissions (tpy}, for each of the 

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

at Table A-1 to Subpart A of Part 98 of 40 CFR as in effect October 30, 

2009, which is hereby incorporated by reference, but not including later 

amendments. For purposes of this paragraph, prior to July 21. 2014, the 

mass of the greenhouse gas carbon dioxide shall not include carbon 

dioxide emissions resulting from the combustion or decomposition of 

non-fossilized and biodegradable organic material originating from 

plants. animals. or micro-organisms {including products. by-products. 

residues and waste from agriculture. forestry and related industries as 

well as the non-fossilized and biodegradable organic fractions of 

industrial and municipal wastes. including gases and liquids recovered 

from the decomposition of non-fossilized and biodegradable organic 

material). 

1.8.44.b.(ii) Sum the resultant value from Section 1.8.44.b.(i) of this Part A, 

Regulation Number 3 

for each gas to compute a tpy C02e. 

1.8.44.c. The term emissions increase as used in Sections 1.8.44.d. through e. of 

this Part A, shall mean that both a significant emissions increase (as calculated 

using the procedures in Section II.A.22 of Part D) and a significant net emissions 

increase (as defined in Sections II.A.26, and II.A.42 of Part D) occur. For the 

pollutant GHG, an emissions increase shall be based on tpy C02e, and shall be 

calculated assuming the pollutant GHG is a regulated NSR pollutant, and 

significant is defined as 75,000 tpy C02e instead of applying the value in Section 

II.A.42.b. of Part D. 

Adopted: October 20,2011 Page 14 
!' 

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

concerning major stationary source new source review and prevention of 

significant deterioration if: 

I.B.44.d.(i) The stationary source is a new major stationary source for a 

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

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

I.B.44.d.(ii) The stationary source is an existing major stationary source for a 

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

increase of a regulated NSR pollutant, and an emissions increase of 

75,000 tpy C02e or more. 

I.B.44.e. Beginning July 1, 2011, in addition to the provisions in Section I.B.44.d. 

of Part A, the pollutant GHG shall also be subject to regulation if: 

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

at a new or existing stationary source that will emit or have the potential 

to emit 100,000 tpy C02e; or 

I.B.44.e.(ii) Concerning major stationary source new source review and 

prevention of significant deterioration and operating permits: 

I.B.44.e.(ii)(A) At a new stationary source that will emit or have the 

potential to emit 100,000 tpy C02e; or 

I.B.44.e.(ii)(B) At an existing stationary source that will emit or have the 

potential to emit 100,000 tpy GG2-EC02e, when such stationary 

source undertakes a physical change or change in the method of 

operation that will result in an emissions increase of 75,000 tpy 

C02e or more. 

I.B.44.f. If there is a change in federal law that supersedes, or the District of Columbia 

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

order, which limits or renders ineffective the regulation of GHG emissions at 

stationary sources under the New Source Review Prevention of Significant 

Deterioration(PSD) or Title V provisions of the Federal Act the regulation, GHG 

emissions under the corresponding programs in this Regulation Number 3 shall 

be limited or rendered ineffective to the same extent. 

I.B.45. Temporary Source 

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

a longer time period is appropriate. 

I.B.46. Uncontrolled Actual Emissions 

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

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

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

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

Division that the creation of such data is unreasonably costly, technically impractical or not 

reasonably related to information necessary for making regulatory decisions with respect to that 

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

Regulation Number 3 

Adopted: October 20, 2011 Page 15 

t 

i 
1.8.47. Wet Screening Operations 

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

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

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

saturated with water. Screens that use spray bars for the purposes of dust control are not 

included in this definition. 

II. Air Pollutant Emission Notice (APEN) Requirements 

II .A. Air Pollutant Emission Notices for New, Modified, and Existing Sources 

Except as specifically exempted in Section II.D., no person shall allow emission of air pollutants from, or 

construction, modification or alteration of, any facility, process, or activity which constitutes a stationary 

source, except residential structures, from which air pollutants are, or are to be, emitted unless and until 

an Air Pollutant Emission Notice and the associated Air Pollutant Emission Notice fee has been filed with 

the Division with respect to such emission. Each such notice shall specify the location at which the 

proposed emission will occur, the name and address of the persons operating and owning such facility, 

the nature of such facility, process or activity, an estimate of the quantity and composition of the expected 

emission and other information as required in the current Air Pollutant Emission Notice form. 

II.B. General 

11.8.1. Emission Estimate 

The Air Pollutant Emission Notice shall include an estimate of the annual actual emissions, 

including emission controls. The emissions estimate shall be based upon actual test data or, in 

the absence of such data, upon estimations acceptable to the Division. The following alternative 

estimate methods, in order of descending acceptability, are acceptable to the Division: 

11.8.1.a. Mass balance calculations or a published, verifiable emission factor, whichever is 

best applied to the source; or 

11.8.1.b. Other engineering calculations. 

Stack testing or emission monitoring will not be required solely to meet the Air Pollutant 

Emission Notice reporting requirements. 

An owner or operator shall provide a justification to the Division for not using any 

methods that are higher on the list than the method the owner or operator proposes to 

use. If none of the above methods are available or applicable to the source, an 

appropriate method will be determined on a case-by-case basis by the Division, taking 

into account the provisions of Section II.C.2. of this Part A. 

The Division shall make available to all air pollution control authority offices appropriate 

forms on which the information required by this section shall be submitted. 

11.8.2. Air Pollutant Emission Notice Term 

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

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

11.8.3. APEN Applicability 

Regulation Number 3 

Adopted: October 20, 2011 Page 16 
For the purposes of Air Pollutant Emission Notice applicability, a source will be considered to be 

an individual emission point, or group of points pursuant to Section 11.8.4. of this Part A 

11.8.3.a. Criteria Pollutants 

For criteria pollutants, Air Pollutant Emission Notices are required for: each individual 

emission point in a nonattainment area with uncontrolled actual emissions of one ton per 

year or more of any individual criteria pollutant (pollutants are not summed) for which the 

area is nonattainment; each individual emission point in an attainment or 

attainment/maintenance area with uncontrolled actual emissions of two tons per year or 

more of any individual criteria pollutant (pollutants are not summed); each individual 

emission point with uncontrolled actual emissions of lead greater than one hundred 

pounds per year, regardless of where the source is located. 

11.8.3.b. Non-criteria Reportable Pollutants 

For non criteria reportable pollutants, Air Pollutant Emission Notices are required for each 

individual emission point with uncontrolled actual emissions that exceed the de minimis 

levels as determined following the procedures set forth in Appendix A 

11.8.4. Source Grouping 

Grouping of multiple emission points on a single Air Pollutant Emission Notice shall be allowed as 

often as possible, provided the overall goals of receiving accurate and verifiable emissions 

information are not compromised. The following guidelines shall be used to delineate occasions 

when grouping can be allowed. These are intended to be used as guidelines only, and specific 

questions regarding grouping should be directed to the Division. 

Multiple pieces of equipment or processes from a single facility may be grouped or associated 

together and reported on one single Air Pollutant Emission Notice provided the individual sources 

of emissions meet the following guidelines: 

11.8.4.a. All of the aggregated sources have identical source classification codes and 

emission factors for criteria pollutants; 

11.8.4.b. Each of the aggregated sources share a similar location within the facility; 

11.8.4.c. Similar sources regulated under the New Source Performance Standards 

(Regulation Number 6) and non-New Source Performance Standard sources 

should not be grouped; 

11.8.4.d. None of the individual sources is required to monitor emissions through the use 

of continuous emission monitors; 

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

consumption level, which are indistinguishable from the other points, which have 

been grouped on the Air Pollutant Emission Notice; 

11.8.4.f. None of the individual sources grouped on the Air Pollutant Emission Notice has 

previously been issued its own separate emissions permit. 

Regulation Number 3 

Adopted: October 20,2011 

The Division maintains its authority to require individual separate Air Pollutant 

Emission Notices for any process or activity. 

Page 17 
The Division may allow a source to deviate from this emission point grouping 

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

the overall goals of receiving accurate and verifiable emissions information. 

11.8.5. Air Pollutant Emission Notices and revised Air Pollutant Emission Notices shall 

be based on calendar years (January through December). 

11.8.6. The emissions noted on the current Air Pollutant Emission Notice on file with the 

Division shall be used for emission fee calculations as described in Section VI. of 

this Part A 

II.C. Revised Air Pollutant Emission Notices 

II.C.1. A revised Air Pollutant Emission Notice shall be filed: 

II.C.1.a.Annually whenever a significant change (as defined in Section II.C.2.) in annual 

actual emissions occurs; or 

II.C.1.b. Whenever there is a change in the owner or operator of any facility, process, or 

activity; or 

II.C.1.c. Whenever new control equipment is installed, or whenever a different type of 

control equipment replaces an existing type of control equipment (revised Air 

Pollutant Emission Notices are not required for routine maintenance, repair, or 

replacement of control equipment; or 

II.C.1.d. Whenever a permit limitation must be modified; or 

II.C.1.e. Before the Air Pollutant Emission Notice expires. 

II.C.1.f. A revised Air Pollutant Emission Notice is not required whenever the location of a 

portable facility, process, or activity is changed, however, the owner or operator 

of such source must file a relocation notice. Such notice shall be received by the 

Division at least ten days prior to the change in location. Alternatively, the owner 

or operator of a portable source may request written approval from the Division to 

report multiple relocations. Relocation forms are available at the Division offices. 

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

generators that are ancillary to the main units at electric utility facilities, and that 

have a permit under Parts C or D of Title I, or Title V of the Federal Act. 

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

generators for electric power generating facilities that are not ancillary to a main 

unit at an electric utility facility, and that have a permit containing limits on the 

physical or operational capacity of the source to emit a pollutant such that the 

source is not considered to be a major stationary source as defined in Section 

II.A.24. of Part D of this Regulation Number 3. If an owner or operator of such a 

source chooses to file a revised Air Pollutant Emission Notice, the Air Pollutant 

Emission Notice shall list the average of the annual actual emissions for the 

preceding three years. 

II.C.2. Significant change, for the purposes of this section means: 

Regulation Number 3 

Adopted: October 20,2011 Page 18 
II.C.2.a. For any non-criteria reportable pollutant if the emissions increase by fifty percent 

or five tons per year, whichever is less, above the level reported on the last Air 

Pollutant Emission Notice submitted to the Division. 

II.C.2.b. For criteria pollutants: 

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

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

the level reported on the last Air Pollutant Emission Notice submitted to 

the Division, of any such air pollutant; or 

II.C.2.b.(ii) For volatile organic compound and nitrogen oxides sources in 

ozone nonattainment areas emitting less than one hundred tons of 

volatile organic compound and nitrogen oxides per year, a change in 

annual actual emissions of one ton per year or more or five percent, 

whichever is greater, above the level reported on the last Air Pollutant 

Emission Notice submitted to the Division; or 

II.C.2.b.(iii) For sources emitting one hundred tons per year or more, a 

change in annual actual emissions of five percent or fifty tons per year or 

more, whichever is less, above the level reported on the last Air Pollutant 

Emission Notice submitted to the Division, of any such air pollutant; or 

II.C.2.b.(iv) A change in annual actual emissions, above the level reported 

on the last Air Pollutant Emission Notice submitted to the Division, of fifty 

pounds of lead. 

II.C.3. Timeframe for Revised Air Pollutant Emission Notice submittals 

II.C.3.a. Revised Air Pollutant Emission Notices shall be submitted no later than within 

thirty days before the five-year term expires. 

II.C.3.b. Owners or operators of sources that are required to obtain a permit revision must 

file a revised Air Pollutant Emission Notice along with a request for permit 

revision. A revised permit must be obtained before the change at the source 

occurs. 

II.C.3.c. Sources submitting revised Air Pollutant Emission Notices to inform the Division 

of a change in annual actual emission rates must do so by April 30 of the 

following year (e.g., a change in emissions in calendar year 1993 must be 

reported by April 30, 1994). 

II.C.3.d.Air Pollutant Emission Notices for changes in control equipment must be 

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

storage tanks located at oil and gas exploration and production facilities subject 

to the requirements in Regulation Number 7, Section XII. For this control 

equipment, a revised APEN shall be filed once per year, as specified in Section 

II.C.3.c. of Part A, if any control equipment is added or if control equipment is 

relocated or removed. 

II.D. Exemptions from Air Pollutant Emission Notice Requirements 

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

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

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

Regulation Number 3 

Adopted: October 20, 2011 Page 19 

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

However, Air Pollutant Emission Notices need not be filed for wet screening operations 

subject to Subpart 000 of the New Source Performance Standards if the exemption in 

Section II.D.1.cccc. is applicable. 

Stationary sources having emission units that are exempt from the requirement to file an Air 

Pollutant Emission Notice must nevertheless comply with all requirements that are otherwise 

applicable specifically to the exempted emission units, including, but not limited to: Title V, 

Prevention of Significant Deterioration, nonattainment New Source Review, opacity limitations, 

odor limitations, particulate matter limitations and volatile organic compounds controls. 

An applicant may not omit any information regarding APEN exempt emission units in any permit 

application if such information is needed to determine the applicability of Title V (Part C of this 

Regulation Number 3), Prevention of Significant Deterioration (Section VI., Part D of this 

Regulation Number 3), or nonattainment New Source Review (Section V., Part D of this 

Regulation Number 3). 

The following sources are exempt from the requirement to file Air Pollutant Emission Notices 

because by themselves, or cumulatively as a category, they are deemed to have a negligible 

impact on air quality. 

II.D.1.a.lndividual emission points in nonattainment areas having uncontrolled actual 

emissions of any criteria pollutant of less than one ton per year, and individual 

emission points in attainment or attainment/maintenance areas having 

uncontrolled actual emissions of any criteria pollutant of less than two tons per 

year, and each individual emission point with uncontrolled actual emissions of 

lead less than one hundred pounds per year, regardless of where the source is 

located. 

II.D.1.b.lndividual emission points of non criteria reportable pollutants having 

uncontrolled actual emissions less than the de minimis levels as determined 

following the procedures set forth in Appendix A. 

II. D.1.c. Air conditioning or ventilating systems not designed to remove air pollutants 

generated by or released from other processes or equipment. 

II.D.1.d. Fireplaces used for recreational purposes, inside or outside. 

II.D.1.e. Fires and equipment used for noncommercial cooking of food for human 

consumption, or cooking of food for human consumption at commercial food 

service establishments, except for char broilers and wood fired equipment (but 

not including campfires) in PM10 nonattainment areas. Charbroiler shall mean a 

cooking device in a commercial food service establishment, either gas fired or 

using charcoal or other fuel, upon which grease drips down upon an open flame, 

charcoal or embers. 

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

II.D.1.g.Agricultural operations such as farming, cultivating, harvesting, seasonal crop 

drying, grain handling operations that are below New Source Performance 

Standards de minimis levels (including milling and grain elevator operations), and 

animal feeding operations that are not housed commercial swine feeding facilities 

as defined in Regulation Number 2, Part B. This exemption does not apply to an 

agricultural operation that: (1) is a major source (as defined in Section I. 8.25. of 

this part); (2) meets or exceeds the storage capacity thresholds of a federal New 

Regulation Number 3 

Adopted: October 20, 2011 Page 20 
Source Performance Standard (Regulation Number 6, Part A); or (3) participates 

in the early reduction program of the Federal Act, Section 112. Ancillary 

operations such as fueling stations located at farms or ranches are not exempt 

from Air Pollutant Emission Notice and permit requirements unless otherwise 

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

exempt from other applicable regulation promulgated by the Commission. 

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

all buildings or other structures used primarily as a place of residence, and 

including home heating devices. 

II.D.1.i. Laboratories and research & development facilities: 

II.D.1.i.(i) Noncommercial (in house) experimental and analytical laboratory 

equipment that is bench scale in nature including quality control/quality 

assurance laboratories, process support laboratories, environmental 

laboratories supporting a manufacturing or industrial facility, and 

research and development laboratories. 

II.D.1.i.(ii) Research and development activities that are of a small pilot 

scale and that process less than ten thousand pounds of test material 

per year; 

II.D.1.i.(iii) Small pilot scale research and development projects less than 

six months in duration with controlled actual emissions less than five 

hundred pounds of any criteria pollutant or ten pounds of any non criteria 

reportable pollutant. 

II.D.1.j. Disturbance of surface areas for purposes of land development, that do not 

exceed twenty-five contiguous acres and that do not exceed six months in 

duration. (This does not include mining operations or disturbance of 

contaminated soil). 

II.D.1.k. Each individual piece of fuel burning equipment, other than smokehouse 

generators and internal combustion engines, that uses gaseous fuel, and that 

has a design rate less than or equal to five million British thermal units per hour. 

(See definition of fuel burning equipment, Common Provisions Regulation). 

11.0.1.1. Internal combustion engines powering portable drilling rigs. 

II.D.1.m. Exemption Repealed 

II.D.1.n. Chemical storage tanks or containers that hold less than five hundred gallons, 

and that have an annual average daily throughput of less than twenty-five 

gallons. 

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

stationary source site boundary. 

II.D.1.p. Sanding of streets and roads to abate traffic hazards caused by ice and snow. 

II.D.1.q. Open burning activities, except that all reporting and permitting requirements that 

apply to such operations must be followed (see Regulation Number 91). 

Regulation Number 3 

Adopted: October 20,2011 Page 21 

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II.D.1.r. Brazing, soldering, or welding operations, except those that use lead based 

compounds. All welding that occurs strictly for maintenance purposes is exempt. 

II. D.1.s. Street and parking lot striping. 

II.D.1.t. Battery recharging areas. 

II.D.1.u.Aerosol can usage. 

II.D.1.v. Sawing operations, that is ancillary to facility operations, and is not part of the 

production process. 

II.D.1.w. The process of demolition and re bricking of furnaces and kilns. This 

does not include subsequent operation of such furnaces or kilns. 

II.D.1.x. Road and lot paving operations at commercial and industrial facilities, except that 

asphalt and cement batch plants require Air Pollutant Emission Notices and 

permits, unless exempt under some other section. 

II.D.1.y. Adhesive use that is not related to production. 

II.D.1.z. Fire training activities. 

II.D.1.aa. Caulking operations that are not part of a production process. 

II.D.1.bb. Landscaping and site housekeeping devices equal to or less than ten 

horsepower in size (lawnmowers, trimmers, snow blowers, etc.). 

II.D.1.cc. Fugitive emissions from landscaping activities (e.g., weeding, sweeping). 

II.D.1.dd. Landscaping use of pesticides, fumigants, and herbicides. 

II.D.1.ee. Exemption Repealed 

II.D.1.ff. Emergency events such as accidental fires. 

II.D.1.gg. 

II.D.1.hh. 

Smoking rooms and areas. 

Plastic pipe welding. 

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

residential housekeeping purposes. 

II. D.1.jj. Beauty salons. 

II.D.1.kk. Operations involving acetylene, butane, propane and other flame cutting 

torches. 

11.0.1.11. Pharmacies. 

II.D.1.mm. Chemical storage areas where chemicals are stored in closed 

Regulation Number 3 

Adopted: October 20, 2011 

containers, and where total storage capacity does not exceed five thousand 

gallons. This exemption applies solely to storage of such chemicals. This 

exemption does not apply to transfer of chemicals from, to, or between such 

containers. 

Page22 
II.D.1.nn. Architectural painting, roof coating material and associated surface 

preparation (except for sandblasting and except for volatile organic compound 

emissions, associated with surface preparation, above Air Pollutant Emission 

Notice de minimis levels) for maintenance purposes at industrial or commercial 

facilities. 

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

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

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

II.D.1.pp. 

II.D.1.qq. 

Janitorial activities and products. 

Grounds keeping activities and products. 

II.D.1.rr. Sources of odorous emissions that do not utilize emission control 

equipment for control of odorous emissions. This exemption applies to the odor 

emissions only. All other emissions are subject to other exemptions set forth in 

this regulation. This exemption does not exempt any source from the 

requirements of Regulation Number 2. 

II.D.1.ss. Truck and car wash units. 

II.D.1.tt. Office emissions, including cleaning, copying, and restrooms. 

II.D.1.uu. Exemption Repealed 

II.D.1.vv. Electrically operated curing ovens, drying ovens and similar activities, 

articles, equipment, or appurtenances. This exemption applies to the ovens only, 

and not to the items being dried in the ovens. 

II.D.1.ww. Equipment used exclusively for portable steam cleaning. 

II.D.1.xx. Blast cleaning equipment using a suspension of abrasive in water and 

any exhaust system or collector serving them exclusively. 

II.D.1.yy. Commercial laundries (except dry cleaners) that do not burn liquid or 

solid fuel. 

II.D.1.zz. Storage of butane, propane, or liquefied petroleum gas in a vessel with a 

capacity of less than sixty thousand gallons, provided the requirements of 

Regulation Number 7, Section IV. are met, where applicable. 

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

oils or used lubricating oils. 

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

with a capacity of one gallon or less. 

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

Regulation Number 3 

Adopted: October 20, 2011 

operated solely for company owned vehicles where the daily fuel throughput is 

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

average. Sources in an ozone attainment/maintenance area must utilize Stage 1 

vapor recovery on all tanks greater than 550 gallons capacity, as required by 

Regulation Number 7, in order to take this exemption. 

Page 23 

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II.D.1.ddd. Exemption Repealed 

II.D.1.eee. Indirect sources are exempt until a permit regulation specific to indirect 

sources is promulgated by the Commission. 

II.D.1.fff. Storage tanks meeting all of the following criteria: 

II.D.1.fff.(i) 

and 

II.D.1.fff.(ii) 

Annual throughput is less than four hundred thousand gallons; 

The liquid stored is one of the following: 

II. D.1. fff.(ii)(A) Diesel fuels 1 D, 2 D, or 4 6; 

II.D.1.fff.(ii)(B) Fuel oils #1 through #6; 

II.D.1.fff.(ii)(C) Gas turbine fuels 1 GT through 4 GT; 

II.D.1. fff.(ii)(D) oil/water mixtures with a vapor pressure equal to or 

lower than that of diesel fuel (Reid Vapor Pressure of 0.025 

pounds per square inch absolute). 

II.D.1.ggg. Each individual piece of fuel burning equipment that uses gaseous fuel, 

and that has a design rate less than or equal to ten million British thermal units 

per hour, and that is used solely for heating buildings for personal comfort. 

II.D.1.hhh. Natural gas vehicle fleet fueling facilities. 

II.D.1.iii. Electric motors driving equipment at non-commercial machining shops. 

II.D.1.jjj. 

II.D.1.kkk. 

Recreational swimming pools. 

Forklifts. 

II.D.1.111. Oil and gas exploration and production operations (well site and 

associated equipment) shall provide written notice to the Colorado Oil and Gas 

Conservation Commission of proposed drilling locations prior to commencement 

of such operations. Air Pollutant Emission Notices are not required until after 

exploration and/or production drilling, workovers, completions, and testing are 

finished. 

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

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

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

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

or operator shall submit written notice to the Division indicating that the well was plugged, 

or that emissions are otherwise not reportable. If production will result in reportable 

emissions, the owner or operator shall file an Air Pollutant Emission Notice with the 

Division within thirty days after the report of first production is filed with the appropriate 

state or federal agency but no later than ninety days following the first day of production. 

II.D.1.mmm. Handling equipment and associated activities for glass that is destined 

Regulation Number 3 

Adopted: October 20, 2011 

for recycling. 

Page 24 
II.D.1.nnn. Fugitive emissions of hazardous air pollutants that are natural 

constituents of native soils and rock (not added or concentrated by chemical or 

mechanical processes) from under ground mines or surface mines unless such 

source is a major source of hazardous air pollutants under Part C of Regulation 

Number 3. 

II. D.1.ooo. The use of pesticides, fumigants, and herbicides when used in 

accordance with requirements established under the federal Insecticide, 

Fungicide and Rodenticide Act as established by the U.S. EPA (United States 

Code Title 7, Section 136 et seq.). 

II.D.1.ppp. Ventilation of emissions from mobile sources operating within a tunnel, 

garage, or building that are not operating for transportation purposes and are 

subject to stationary source requirements. 

II.D.1.qqq. Non-asbestos demolition. 

II.D.1.rrr. Sandblast equipment when the blast media is recycled and the blasted 

material is collected, including small sandblast glove booths. 

II .D.1.sss. Stationary Internal Combustion Engines that meet the following 

specifications: 

II.D.1.sss.(i) Less than or equal to 175 horsepower that operate less than 

1,450 hours per year; or 

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

horsepower that operate less than 850 hours per year; or 

II.D.1.sss.(iii) Greater than 300 horsepower and less than or equal to 750 horsepmver 

that operate less than 340 hours per year. Exemption Repealed 

II .D.1.ttt. Emergency power generators that: 

II.D.1.ttt.(i) Have a rated horsepower of less than 260; or 

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

horsepower of less than 737; or 

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

of less than 1 ,840. Exemption Repealed 

II.D.1.uuu. Surface water storage impoundment of AGt-non-potable water and storm 

water evaporation ponds. with the, exceptions of -oil and gas production 

wastewater impoundments (including produced water tanks) containing equal to 

or more than one percent by volume crude oil on an annual average, and 

commercial facilities that accept oil and gas production wastewater for 

processing. 

II.D.1.vvv. Non-potable water pipeline vents. 

II.D.1.www. 

II.D.1.xxx. 

Regulation Number 3 

Adopted: October 20, 2011 

Steam vents and safety release valves. 

Deaerator/vacuum pump exhausts.Exemption Repealed 

Page 25 

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II.D.1.yyy. Seal and lubricating oil systems for steam turbine electric generators. 

II.D.1.zzz. Venting of natural gas lines for safety purposes. 

II.D.1.aaaa. Chemical Storage Tanks 

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

hundred gallons capacity. 

II.D.1.~aaa.(ii) Sodium hydroxide storage tanks. 

II.D.1.bbbb. Containers, reservoirs, or tanks used exclusively for dipping operations 

that contain no organic solvents for coating objects with oils, waxes, greases, or 

natural or synthetic resins. 

II.D.1.cccc. Wet screening operations notwithstanding the applicability of the New 

Source Performance Standards included in the Code of Federal Regulations, 

Title 40, Part 60, Subpart 000. 

II.D.1.dddd. Non-road engines as defined in Section I. 8.29~. of this Part A, except 

certain non-road engines subject to state-only air pollutant emission notice and 

permitting requirements pursuant to Section 1.8.2-B~.c. of this part. 

II.D.1.eeee. Exemption Repealed 

II.D.1.ffff~ Exemption RepealedAir Curtain Destructors burning only yard waste, 

wood waste, and clean lumber, or any mixture thereof generated as a result of 

projects to reduce the risk of wildfire and are not located at a commercial or 

industrial facility .• A.ir curtain incinerators that are considered incinerators as 

defined by the Common Provisions do not meet this exemption. 

II.D.2. An Air Pollutant Emission Notice must be filed for all incinerators. 

II.D.3. Air Pollutant Emission Notices are required for emergency and backup generators that 

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

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

II.D.4. Any person may request the Division to examine a particular source category or activity 

for exemption from Air Pollutant Emission Notice or permit requirements. 

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

procedure. 

II.D.4.b. Such requests shall include documentation indicating that emissions from the 

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

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

Regulation Number 3 

Adopted: October 20, 2011 

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

Emission Notice or permit emission de minimis levels set forth in this 

Regulation Number 3; or 

II.D.4.b.(ii) The existing Division emission inventory is sufficient to indicate 

that the source or activity has a negligible impact; or 

Page 26 
II.D.4.b.(iii) For permit exemptions, criteria in Sections II.D.4.b.{i) and/or 

II.D.4.b.(ii), above, are met, and the source or activity has no applicable 

requirement that applies to it, and the Division finds that monitoring or 

record keeping are not necessary. 

II.D.4.b.(iv) Exemptions shall not be granted for any source or activity that is 

subject to any federal applicable requirement. The Division shall 

determine on a case-by-case basis if sources or activities subject to state 

only regulations may be granted an exemption. 

II.D.4.c. None of the activities submitted as exemption requests to the Division may be 

taken by a source until the Commission has duly adopted the exemptions as 

revisions to this Regulation Number 3 and the U.S. EPA has approved the 

exemption requests. 

II.D.5. Commercial (for hire) laboratories whose primary responsibilities are to perform 

qualitative or quantitative analysis on environmental, clinical, geological, forensic, or 

process samples may estimate emissions for purposes of Air Pollutant Emission Notice 

reporting based upon a mass balance calculation utilizing inventory and purchase 

records of solvents and reagents. Such laboratories may, at their discretion, group 

emission points if such grouping meets the grouping criteria outlined in this regulation. 

All inert samples are exempt from Air Pollutant Emission Notice reporting. Emissions 

from samples subjected to analysis provided to such laboratories for analysis and testing, 

and by-products that result from sample testing, are exempt from Air Pollutant Emission 

Notice reporting, provided such samples subjected to analysis are less than five gallons 

for liquids, or five pounds for solids. 

II.D.6. Research and development activities that do not fall within the small scale exemption in 

Section II.D.1.i. may estimate emissions for purposes of Air Pollutant Emission Notice 

reporting based upon either a mass balance calculation utilizing inventory and purchase 

records, or best engineering judgment. Such facilities may file an Air Pollutant Emission 

Notice or revised Air Pollutant Emission Notice on an annual basis by April 30 of the year 

following the project's conclusion for each project that is not exempt under Section 

II.D.1.i., irrespective of Section II. C., herein (revised Air Pollutant Emission Notice 

requirements), such Air Pollutant Emission Notices shall be filed on a per project basis 

and shall be based on controlled actual emissions. 

Ill. Administrative Permit Amendment Procedures 

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

supplied by the Division. 

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

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

accordance with the following: 

111.8.1. Deny the application for an administrative permit amendment; or 

111.8.2. Grant the application and incorporate any such changes into the permit providing 

such permit revisions are made pursuant to this Part A, Section Ill. 

Ill. C. A source may implement the changes addressed in the application for an administrative 

amendment immediately upon submittal of request, subject to the final determination of 

the Division. 

Regulation Number 3 

Adopted: October 20, 2011 Page 27 
Ill. D. As required under the Federal Act, the Division shall transmit to the Administrator a copy 

of each revised permit made pursuant to an administrative permit amendment under this 

provision. 

Ill .E. No public notice or review by affected states shall be necessary for permit revisions 

made pursuant to administrative amendment procedures. 

Ill. F. Administrative permit amendments for purposes of the acid rain portion of a permit shall 

be governed by regulations promulgated under Title IV of the Federal Act, found at Code 

of Federal Regulations Title 40, Part 72. 

IV. Operational Flexibility 

IV.A. Alternative operating scenarios 

No permit revision is required for reasonably anticipated operating scenarios identified by the source in its 

application for a permit and approved by the Division, provided the permit contains terms and conditions 

that: 

IV.A.1. Require the source, contemporaneously with making a change from one operating 

scenario to another, to record in a log at the permitted facility a record of the scenario 

under which it is operating; 

IV.A.2. Ensure that the terms and conditions of each such alternative scenario meet all 

applicable requirements of the state and Federal Act. 

IV.A.3. Extend the permit shield to all operating permit terms and conditions under each such 

operating scenario. 

IV.B. Trading based on the permit 

If allowed by the applicat,le state implementation plan, no permit revision shall be required under any 

approved economic incentives, marketable permits, emissions trading and other similar programs or 

processes for changes in emissions that are provided for in the permit. The permit applicant must request 

such provisions to be included in its permit, and if approved by the Division, the permit shall contain terms 

and 'conditions that: 

IV.B.1. For operating permits, include all terms required under Section V.C. of Part C; 

IV.B.2. Ensure that changes resulting from such increases and decreases in emissions meet all 

applicable requirements under the state and Federal Acts; 

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

increases and decreases in emissions. 

IV. C. Emissions trading under permit caps 

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

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

decreases in the permitted facility. Procedures for such changes are: 

~V.C.1. For operating permits, the permit shall contain terms and conditions required pursuant to 

Section V.C. of Part C; 

Regulation Number 3 

Adopted: October 20, 2011 Page 28 
v. 

IV.C.2. The permit applicant shall include in its application proposed replicable procedures and 

permit terms that ensure the emissions trades are quantifiable; 

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

replicable procedures to enforce the emissions trades shall not be included in this 

provision allowing emissions trading without permit revision; 

IV.C.4. The source shall comply with all other applicable requirements. 

IV.C.S. The source shall provide a minimum of seven days written notification in advance of the 

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

by the Division no later than seven days in advance of the proposed changes. The 

source and the Division shall attach each such notice to their copy of the relevant permit. 

The notice shall contain: 

IV.C.S.a. When the change will occur; 

IV.C.S.b. A description of the changes in emissions that will result and how these 

increases and decreases in emissions will comply with the terms and conditions 

of the permit; 

IV.C.S.c. The permit shield shall extend to all operating permit terms and 

conditions that allow such increases and decreases in emissions. 

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

following the last day of the advance notice described in Section IV.C.S. above, if the 

Division has not responded nor objected to such changes on or before that day. 

Certification And Trading Of Emission Reduction Credits Offset And Netting Transactions 

V.A. Purpose 

This section establishes procedures for the recording of certified emissions reductions and for their use in 

emission credit transactions. These procedures are intended to: 

V.A.1. Promote economic development and lower the cost of meeting pollution control 

requirements while assuring ambient air quality progress and continued air quality 

maintenance; and 

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

V.B. Scope 

This section applies to any pollutant regulated under the Colorado Air Quality Control Act or the 

regulations promulgated there under in all attainment, attainment/maintenance, and nonattainment areas 

of the state. This section does not apply to emissions trading under permit caps in Section IV.C. of Part 

A 

V.C. Definitions 

V.C.1. Alternative compliance methods means the use of emissions reductions credits to meet 

emissions control requirements in lieu of an applicable control technique guidance 

method or reasonably available control technology. 

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V.C.2. Bubble lets existing sources (or groups of sources) increase emissions at one operation 

in exchange for compensating extra decreases in emissions at another operation. The 

net result must be equivalent to or better than would have been accomplished using 

conventional source specific controls. 

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

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

then be used in an emission credit transaction. 

V.C.4. Criteria pollutant means an air pollutant for which a National Ambient Air Quality 

Standard has been promulgated. 

V.C.5. Emission credit transaction means the use of certified emission reduction credits in a 

bubble, netting or offset transaction or as an alternative compliance method. 

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

Part D of this regulation. 

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

Part D of this regulation. 

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

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

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

regulation. 

V.C.9. Non-inventoried source means any source that has not been recorded on the Division's 

emission inventory system. 

V.C.1 0. Offset means a transaction in which a certified emissions reduction is used either to avoid 

causing a violation of an increment in an attainment or attainment/maintenance area, to 

meet the requirements of Section V.A.3. of Part D of this regulation, regarding the 

maintenance of reasonable further progress towards attainment of the National Ambient 

Air Quality Standards in nonattainment areas, or to avoid contributing to visibility or other 

air quality related values impairment in a Class I area. 

V.C.11. Registry means the Division's record of the certification and use of emissions reductions. 

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

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

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

requirement. 

V.C.14. Open Dust means solid or other air borne particulate matter (excluding particulates 

produced directly during combustion) resulting from natural forces or from surface use or 

disturbance, including, but not limited to, all dust from agriculture, construction, forestry, 

unpaved roads, mining, exploration, or similar activities in which earth is either moved, 

stored, transported or redistributed. 

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

V. C.15.a. Emission Rate (ER), specified in terms of mass emission per unit of 

Regulation Number 3 

Adopted: October 20, 2011 

production or throughput (e.g., pounds sulfur dioxide per million British thermal 

units or pounds of volatile organic compounds per weight of solids applied); 

Page 30 
V.C.15.b. Average hourly capacity utilization (CU) e.g., millions of British thermal 

units per hour or weight of solids applied per hour; and 

V.C.15.c. Number of hours of operation (H) during the relevant time period i.e., 

baseline emissions = ER x CU x H. Net baseline emissions for a bubble are the 

sum of the baseline emissions of all sources involved in the trade. 

V.D. Procedure for Certification of Emissions Reductions and Approval of Transactions 

V.D.1. The owner or operator of a source may request the Division to certify any emissions 

reduction anticipated to occur after the effective date of this section, provided the owner 

or operator files his application prior to the occurrence of the reduction, at a time at which 

the source is emitting the baseline emissions of the subject pollutant. Sources that 

shutdown prior to the application to bank or trade have zero emissions, and therefore no 

credit is available. 

V.D.2. Upon receiving an application for certification, the Division may require the applicant to 

submit all data and calculations necessary to verify the baseline emissions or the 

reduction of emissions below the base level including, but not limited to, documentation 

of operating hours and inputs. The Division may also require the applicant to perform 

source tests to establish the baseline emissions or the reduction of emissions below the 

baseline emissions. The Division shall not certify reductions anticipated to occur after the 

effective date of this regulation until the reductions have occurred and been verified. 

V.D.3. The Division shall maintain an emissions reduction registry, in which it shall maintain a 

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

reductions in emission credit transactions. The information contained in such registry 

shall include the name and address of the owner or operator of the source creating the 

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

and velocity of its plume, particle size, the existence of any hazardous pollutants, daily 

and seasonal emission rates, and any other data that might reasonably be necessary to 

evaluate future use. 

V.D.4. If the Division determines that certification should be granted it shall modify the permit of 

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

emissions utilized in the calculation of the emissions reduction. The owner or operator of 

a source not required to obtain a permit by provisions of law other than this section shall 

be required to apply for and accept a permit as a condition of obtaining a certified 

emissions reduction. Such permits shall contain only those conditions necessary to 

ensure the enforcement of the emissions limitations applicable to the source as a result 

of certification of its emissions reduction. 

V.D.S. The amount of the emissions reduction to be certified and entered in the registry shall be 

calculated as follows: 

V.D.S.a. For any emissions reduction that has occurred in an attainment or 

attainment/maintenance area, the amount of the certified emissions reduction 

shall be 90 percent of the amount by which emissions have been reduced below 

the baseline emissions. 

V.D.S.b. For any emissions reduction that has occurred in a nonattainment area, the 

amount of the certified emission reduction shall be 80 percent of the amount by 

which emissions have been reduced below the baseline emissions. 

Regulation Number 3 

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V.D.S.c.For bubbles in nonattainment areas that need, but lack, approved 

demonstrations of attainment, i.e., areas with unapproved state implementation 

plans, a greater discount may be taken. This discount will be based on the 

area's total baseline emissions, the target emissions for attainment, the 

emissions for the projected attainment year and the reductions needed to 

achieve attainment. These values are dynamic and so the discount value may 

change from year to year but will never be less than 20 percent. These 

transactions will require a state implementation plan revision. 

V.D.6. An application may be filed for approval of the use of a certified emissions reduction in an 

emissions credit transaction simultaneously with the filing of a certification application, or 

within seven years after certification has been granted. If the transaction would require 

the modification of permits held by more than one person, the application shall be jointly 

submitted by all potentially affected permittees. The Commission shall determine 

whether to approve all bubble and alternative compliance method transactions, or any 

offset transactions that, pursuant to Section V.H., require a state implementation plan 

revision. The Division shall determine whether to approve all netting transactions, or any 

offset transactions for which no state implementation plan revision is required. The 

Commission may approve the use of a certified emissions reduction credit as an 

alternative compliance method in lieu of a specified control technique guidance method 

or reasonable available control technology. 

V.D.7. Applications for certification of emissions reductions and approval of transactions shall be 

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

alternative compliance method transaction shall submit to the Division a construction 

permit application in accordance with Regulation Number 3, Part 8, Section Ill. for the 

construction or modification, reflecting the source and proposed use of the emissions 

credit. The application shall contain information sufficient to demonstrate that the criteria 

set forth in Section V.F. of this Part A are met as well as the criteria for approval of the 

state implementation plan revision. The Division shall review the application and prepare 

its preliminary analysis in accordance with Regulation Number 3, Part 8, Section 111.8. 

The source requesting approval for the transaction and the state implementation plan 

revision should be granted, and shall provide with its petition, a copy of the preliminary 

analysis of the Division. The Division shall not grant initial approval of any such 

application until the Commission has approved the transaction, the source has met the 

conditions placed on the transaction by the Commission, and the requirements of all 

other applicable regulations are met. 

V.D.8. Where the owner or operator of a source requests a state implementation plan revision 

pursuant to this Section V., the Commission shall set a hearing on the proposed revision 

to be held in accordance with the procedures set forth in Colorado Revised Statutes 

Section 25-7-119. With respect to applications for certification of emissions reductions, 

or for approval of any netting transactions, or offset transactions within the Division's 

jurisdiction under Section V.H.2., the same time limitations for emission permits as found 

in Part 8 Section 111.8. of this regulation shall apply. 

V.D.9. Applicants for certification of an emissions reduction, or for approval of any emission 

credit transaction, shall be assessed fees for time spent by Division personnel in 

evaluating such applications in accord with the criteria for assessment of emissions 

permit fees set forth in Section VI. C. of this Part A. Where more than one person applies 

for approval of a transaction, all such persons shall be jointly liable for the fees assessed. 

Applicants shall be responsible for paying such fees regardless of whether the Division 

approves or denies an application. The costs of Division review of any emissions 

modeling or other information necessary for the Division to formulate recommendations 

to the Commission regarding any proposed emission credit transaction shall be included 

Regulation Number 3 

Adopted: October 20, 2011 Page 32 
in the costs attributed to the permit application for the source(s) seeking approval of the 

transaction and shall be paid by the source regardless of whether the emission credit 

transaction is approved. 

V.D.1 0. The state shall not utilize a certified emissions reduction in making demonstrations of 

attainment, or reasonable further progress toward attainment of the National Ambient Air 

Quality Standards, within seven years after the date of certification, or at any time after 

an application for use of the certified emissions reduction in a transaction has been 

approved. Where no application has been filed for the approval of the use of a certified 

emissions reduction within seven years after certification was granted, the state shall 

subsequently utilize the reduction in making demonstrations of attainment, or reasonable 

further progress towards attainment of the National Ambient Air Quality Standards. This 

seven-year period shall be tolled during any time in that there is a pending application 

before the Division or the Commission for approval of a bubble, netting, or offset 

transaction based on the certified emissions reduction. 

V.D.11. Applications for approval of transactions involving PM1 0 (fine particulates for Prevention 

of Significant Deterioration increment consumption), sulfur dioxide, carbon monoxide, 

lead, and oxides of nitrogen (where visibility impacts are of concern}, shall be subject to 

the following ambient air quality modeling requirements: 

V.D.11.a. De minimis: In general modeling is not required to determine the 

ambient equivalence of trades in which applicable net baseline emissions do not 

increase and in that the sum of the emissions increases, looking only at the 

increasing sources, 15 tons per year for PM 1 0, 40 tons per year for sulfur 

dioxide, 1 00 tons per year for carbon monoxide, 40 tons per year for nitrogen 

oxide (where visibility impacts are of concern), or 0.6 tons per year for lead, after 

applicable control requirements. For purposes of Prevention of Significant 

Deterioration any increase in PM10 should be modeled. 

V.D.11.b. Level 1: In general, modeling to determine ambient equivalence is not 

required if: 

V.D.11.b.(i) The trade does not result in an increase in applicable net 

baseline emissions; 

V.D.11.b.(ii) The relevant sources are located in the same immediate vicinity 

(within 250 meters) of each other; 

V.D.11.b.(iii) An increase in baseline emissions does not occur at the source 

with the lower effective plume height, as determined under the U.S. EPA 

approved and Division accepted guidelines, as interpreted in the Code of 

Federal Regulations Title 40, Subpart 52.343. 

V.D.11.b.(iv) No complex terrain is within the area of significant impact (see 

Figure 1) of the trade or 50 kilometers, whichever is less; 

V.D.11.b.(v) Stacks with increasing baseline emissions are sufficiently tall to 

avoid possible downwash situations, as determined by good engineering 

practice; 

V.D.11.b.(vi) The trade does not involve open dust sources. 

V. D.11.c. Level II: Bubble trades that are neither De minimis nor Level I may 

Regulation Number 3 

Adopted: October 20, 2011 

nevertheless be evaluated for approval based on modeling to determine ambient 

Page 33 

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Regulation Number 3 

Adopted: October 20, 2011 

equivalence limited solely to the impacts of the specific emission sources 

involved in the trade, if: 

V.D.11.c.(i) There is no increase in applicable net baseline emissions; 

V.D.11.c.(ii) If the potential change in emissions before and after the trade 

will not cause a significant increase in pollutant concentrations at any 

receptor for an averaging time specified in an applicable ambient air 

quality standard; and 

V.D.11.c.(iii) Such an analysis does not predict any increase in ambient 

concentrations in a Class I or Category I area. However, a bubble will 

not be approved under Level II where evidence clearly indicates the 

bubble would create a new violation of an ambient standard or 

Prevention of Significant Deterioration increment or would delay the 

planned removal of an existing violation. The change in concentration 

from the before-trade case to the after-trade case must, in general, be 

modeled using refined models for each appropriate averaging time for 

the relevant national ambient air quality standards for each receptor, 

using the most recent full year of meteorological data. Other techniques 

may be approved where sources show they equally well protect national 

ambient air quality standards, applicable Prevention of Significant 

Deterioration increments, and visibility. For example, in limited 

circumstances conservative screening models may be acceptable in lieu 

of refined models. In such cases, use of a full year of meteorological 

data may not be necessary. Such screening models may be acceptable 

where: (A) the screening model shows that all the emissions from the 

stack(s) with increasing emissions would not produce exceedances of 

the Level II significance values; (B) the stack parameters at the stack(s) 

with increasing emissions do not change; and (C) the screening model 

shows that the increase in emissions at the increasing stack(s) would not 

produce exceedances of these significant values. 

In determining significant impact for Level II bubble trades, the Division 

will use the following significance values to identify trades whose 

potential ambient impact need not be further evaluated before approval: 

8-micrograms/cubic meter (1Jg/m3) for any twenty-four hour period for 

PM10; 

4-micrograms/cubic meter (1Jg/m3) for any annual arithmetic mean for 

PM10; 

13-micrograms/cubic meter (1Jg/m3) for any twenty-four hour period for 

sulfur dioxide; 

46-micrograms/cubic meter (1Jg/m3) for any three-hour period for sulfur 

dioxide; 

3-micrograms/cubic meter (1Jg/m3) for any annual period for sulfur 

dioxide; 

575-micrograms/cubic meter (1Jg/m3) for any eight-hour period for carbon 

monoxide; 

Page 34 
2,300-micrograms/cubic meter (f.lg/m3) for any one-hour period for 

carbon monoxide; 

0.1 micrograms/cubic meter (f.lg/m3) for any three-month period for lead. 

Except that: 

V.D.11.c.(iii)(A) For offset transactions, significant impact shall be 

determined by the values found in the table of significant values 

in Section VI.D.2. of Part D of this regulation. 

V.D.11.c.(iii)(B) Only process fugitive emissions vented through stacks 

may be approved in a Level II analysis. 

V.D.11.c.(iii)(C) Trades involving open dust sources may not be 

approved in a Level II analysis. 

V.D.11.c.(iii)(D) Trades involving complex terrain cannot be approved 

with a Level II analysis. 

V.D.11.d. LEVEL Ill full dispersion modeling considering all sources affecting the 

trade's area of impact is required to determine ambient equivalence if applicable 

net baseline emissions will increase as a result of the trade, or if the trade cannot 

meet criteria for approval under De Minimis, Levell or Level II. 

V.D.11.e. Approved Models: 

Modeling: Only U.S. EPA-approved models may be used in banking transactions. Use 

of non-guideline models will be allowed once they have been approved according to the 

requirements of Section VIII.A.1. of Part A of this regulation. 

V.D.12. Following the certification of an emissions reduction, if the Division determines that 

certification was granted on the basis of fraud or material misstatement or omission, the 

Division shall revoke certification of the reduction. Certification shall be revoked only 

after the owners or operators of the affected sources have received notice and, if 

requested, a hearing has been conducted. In such cases the Division shall also modify 

the permit of the source that has used the emissions reduction, so that the permit will 

contain all conditions that would have applied if the emissions reduction had not been 

certified initially. 

V.E. Criteria for Certification of Emissions Reductions 

An emissions reduction shall be certified for use in an emission credit transaction, provided it meets the 

following criteria: 

V.E.1. The emissions reduction shall be surplus. Surplus reductions are those below the 

baseline emissions. The baseline emissions shall be determined as follows: 

V.E.1.a.ln attainment and attainment/maintenance areas, the baseline emissions shall be 

a source's actual emissions of the subject pollutant, or allowable emissions 

whichever is lower, for the three baseline factors. Reasonably Available Control 

Technology shall be as set forth in the State implementation plan for the source. 

Where Reasonably Available Control Technology has not been determined in the 

state implementation plan for the source, it shall be determined by the Division. 

Regulation Number 3 

Adopted: October 20,2011 Page 35 
V.E.1.b.ln nonattainment areas for which there is a demonstration of attainment of the 

National Ambient Air Quality Standards approved by the U.S. EPA the baseline 

emissions shall be actual emissions, provided, however, the baseline emissions 

shall not exceed reasonably available control technology as defined in the state 

implementation plan or the level of emissions used by the state in making a 

demonstration of attainment. 

V.E.1.c.ln nonattainment areas for which there is not a demonstration of attainment of 

National Ambient Air Quality Standards approved by the U.S. EPA, the baseline 

emissions shall be the lower of: 1) the actual emissions, 2) allowable emissions 

under the state implementation plan or 3) allowable emissions if the source is 

subject to Reasonably Available Control Technology. 

V.E.1.d. Emission rate, capacity utilization and hours of operation must be used to 

compute pre-trade and post-trade emission levels. Baseline must be established 

on an annual basis and for all other averaging periods consistent with the 

relevant National Ambient Air Quality Standards and Prevention of Significant 

Deterioration increments. 

V.E.2. No emissions reduction shall be certified if the Division has relied upon the occurrence of 

the reduction in demonstrating attainment of the National Ambient Air Quality Standards 

or reasonable further progress towards attainment, or in establishing a baseline 

concentration. 

V.E.3. Each certified reduction of a pollutant's emissions shall be quantified in the same unit of 

measurement used in the standard or regulation applicable to the pollutant. 

V.E.4. In attainment and attainment/maintenance areas, reductions at major stationary sources 

that commenced construction after January 1, 1975 may be able to qualify for credit 

whether such reductions occurred before or after the Prevention of Significant 

Deterioration baseline triggering date. Other emission reductions (e.g., at minor sources) 

cannot qualify for credit where the Prevention of Significant Deterioration baseline date is 

or has been triggered and such reductions occurred prior to the trigger date, unless these 

reductions are not assumed in the Prevention of Significant Deterioration baselines. 

Since banked emission reduction credits must be considered to be "In the Air'' for all 

planning purposes, if the baseline date is triggered before banked credits are actually 

used, such banked credits will be considered as part of the baseline and will not consume 

increment when used in an emissions trade. 

In attainment and attainment/maintenance areas where the Prevention of Significant 

Deterioration baseline has not been triggered as of the date the permitting authority takes 

relevant final action on the trading transaction, reductions below current state 

implementation plan or permit limits generally may be used without special restrictions in 

bubble or banking transactions, provided they are otherwise creditable and there is 

assurance that National Ambient Air Quality Standards will not be violated due to any 

potential increase in actual emissions. However, reductions at sources other than major 

stationary sources on which construction commenced before January 1, 1975 may not be 

used to balance increases at such pre 1975 major sources. 

V.E.5. Emission reductions achieved by shutting down an existing source or curtailing 

production or operating hours below baseline levels may be generally credited if such 

reductions are permanent, quantifiable, and federally enforceable, and if the area has an 

U.S. EPA-approved attainment plan. In addition, the shutdown or curtailment is 

creditable only if it occurred on or after the date specified for this purpose in the plan, and 

if such date is on or after the date of the most recent emissions inventory used in the 

Regulation Number 3 

Adopted: October 20, 2011 Page 36 
plan's demonstration of attainment. Where the plan does not specify a cutoff date for 

shutdown credits, the date of the most recent emissions inventory or attainment 

demonstration, as the case may be, shall apply. However, in no event may credit be 

given for shutdowns that occurred prior to August 7, 1977. For purposes of this section a 

permitting authority may choose to consider a prior shutdown or curtailment to have 

occurred after the date of its most recent emissions inventory, if the inventory explicitly 

includes as current existing emissions the emissions from such previously shutdown or 

curtailed sources. 

V.E.5.a.Such reductions may be credited in the absence of an approved attainment 

demonstration only if the shutdown or curtailment occurred on or after the date 

the new source permit application is filed, or, if the applicant can establish that 

the proposed new source is a replacement for the shutdown or curtailed source, 

and the cutoff date provisions of Section A, above, are met. 

V.E.6. No emission reduction credits are allowed from mobile sources unless those sources are 

subject to ambient impact and new source review permitting. 

V.E.7. Reductions down to compliance levels may not qualify for emission reduction credit. 

V.E.8. If an existing source commits to switch to a cleaner fuel at some future date, emission 

reduction credit is allowable only if a permit is conditioned to require use of a specified 

alternative control measure that would achieve the same degree of emission reduction 

should the source switch back to a dirtier fuel at some later date. The Division will ensure 

that adequate long-term supplies of the new fuel are available before granting the 

reduction credit. 

V.E.9. Emission reductions otherwise required by the Federal Act shall not be creditable as 

emission reductions. Incidental emission reductions that are not otherwise required by 

the Federal Act are creditable as emission reductions if such emission reductions meet 

the requirements of Section V. of Part D of this regulation, if applicable and this Section 

V. 

V.E.10. The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset in accordance with Section 173 of the Federal Act sha~ 

be determined by summing the difference between the allowable emissions (as defined in 

Section I. B. 7. of this part) after the modification and the actual emissions (as defined in 

Section II.A.1. of Part D) before the modification for each emissions unit. 

V.F. Criteria for Approval of all Transactions 

The use of an emissions reduction in an emission credit transaction shall be approved only if it meets the 

following criteria: 

V.F.1. The transaction shall involve like pollutants. For toxic or volatile organic compound 

pollutants, the trade should involve the same degrees of toxicity or photochemical 

reactivity or else a greater reduction may be required. New or modified major sources of 

a PM10 precursor can only obtain offsets from emissions reductions in that same PM10 

precursor or in PM 1 0. New or modified major sources of PM 1 0 can only obtain offsets 

from emissions reductions in PM1 0. The offsets must be greater than one for one and 

represent a net air quality benefit in the area the source is proposing to locate or modify. 

(See exception in Section V.H.8.) 

V.F.2. No transaction shall be approved if it will result in an increased concentration, at the point 

of maximum impact, of hazardous air pollutants. 

Regulation Number 3 

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V.F.3. Where a significant fraction of a criteria pollutant stream has been listed as hazardous by 

the Commission under Regulation Number 8 or the U.S. EPA under United States Code, 

Title 42, Section 7412 but has not yet been regulated, emissions containing that pollutant 

from sources within two hundred and fifty meters of each other may only be traded 

against each other on a greater than one for one basis that assures a net decrease in 

emissions of the hazardous pollutant. 

V.F.4. Hazardous and non-hazardous emissions of the same criteria pollutant may be traded 

against each other, provided the total emissions containing the hazardous pollutant from 

the sources involved in the transaction are required to decrease as a result of the 

transaction. 

V.F.5. No transaction may be approved that is inconsistent with any standard established by the 

Federal Act, the state Act or the regulations promulgated under either, or to circumvent 

New Source Performance Standards requirements or Best Available Control Technology 

although the Commission may approve a transaction using a certified emissions 

reduction credit in lieu of a specified control technique guidance method or reasonably 

available control technology. 

V.F.6. No transaction shall be approved unless either: 

V.F.6.a. The source at which the emissions reduction occurred and the source using the 

emissions reductions are in the same nonattainment area or Prevention of 

Significant Deterioration baseline area; or 

V.F.6.b. The emissions reduction is to be used as an offset to meet the requirements of 

Section V.A.3. of Part D of this regulation, and the conditions of that section are 

met for the use of an offset obtained from a source outside the nonattainment 

area. 

V.F.7. Emission reduction credits may not be used to meet applicable technology based 

requirements for new sources such as New Source Performance Standards, Best 

Available Control Technology, or Lowest Achievable Emission Rate, although the 

Commission may approve a transaction using a certified emissions reduction credit in lieu 

of a specified control technique guidance method or reasonably available control 

technology. 

V.F.8. Trades Involving Open Dust: Sources of particulate emissions may be approved through 

case by case state implementation plan revisions based on modeled demonstrations of 

ambient equivalence. Sources proposing such trades must commit, as part of the trade's 

approval, to: 

V.F.8.a. Undertake a post approval monitoring program to evaluate the impact of their 

control efforts, and 

V.F.8.b. Make further enforceable reductions if post trade monitoring indicates initial open 

dust controls do not produce the predicted air quality results. 

V.F.9. The federal land manager must be notified if an emissions trade will take place within one 

hundred kilometers of a Prevention of Significant Deterioration Class I area. Notification 

must occur early enough in the review process to allow at least thirty days for the 

submittal of comments before the trade will be approved by the reviewing authority. 

Where a bubble within fifty kilometers of a Prevention of Significant Deterioration Class I 

area is submitted as a case-by-case state implementation plan revision, the Division may 

Regulation Number 3 

Adopted: October 20,2011 Page 38 
call for additional technical support, beyond the applicable requirements of the modeling 

screen if deemed necessary to protect air quality in the Class I area. 

V. F.1 0. Effect on Trades of Subsequently-Discovered Clean Air Act Problems: Revisitation 

Considerations - If ambient violations are discovered in an area where the Division has 

approved a trade, or if other violations of the act are discovered in that area, sources in 

the trade should be aware that they are potentially subject to requirements for additional 

emission reductions, just as are all other sources in the area. 

V.F.11. For volatile organic compound and nitrogen oxide trades, pound for pound trades will be 

considered equal in ambient effect where all sources involved in the trade are in the 

same control strategy demonstration area (nonattainment area) or if outside that area are 

sufficiently close to show an equal effect. 

V.F.12. For volatile organic compound trades involving surface coating, the emissions must be 

calculated on a solids applied basis and should specify the maximum time period over 

which the emissions may be averaged, not to exceed twenty-four hours. 

V.F.13. The following trades require a state implementation plan revision: 

V.F.13.a. PM1 0, sulfur dioxide, carbon monoxide or lead trades requiring full-scale 

dispersion modeling under Level Ill; 

V.F.13.b. PM1 0, sulfur dioxide, carbon monoxide or lead trades where complex 

terrain is within the area of the source's significant impact or fifty kilometers, 

whichever is less, unless the trade does not result in a modification of effective 

stack heights and the trade otherwise qualifies as De minimis or Level I. The 

area of significant impact can be determined from Figure 1; 

V.F.13.c. Open Dust Trades; 

V.F.13.d. Level II trades involving process fugitive PM10, sulfur dioxide, carbon 

monoxide or lead emissions not discharged through stacks; 

V.F.13.e. Trades involving Emission Reduction Credits from mobile sources (see 

Section V.E.7.); 

V.F.13.f. Trades involving sources that are subject of a notice of violation (NOV), 

noncompliance penalty action or the filing of a judicial complaint; 

V.F.13.g. Interstate trades; 

V.F.13.h. Volatile organic compound trades with averaging times longer than 

twenty-four hours; 

V.F.13.i. Trades involving work practice and equipment standards; 

V.F.13.j. Trades involving negotiated Reasonably Available Control Technology 

baselines; 

V.F.13.k. Trades affecting areas that need but lack approved demonstrations of 

V.F.13.1. 

Regulation Number 3 

Adopted: October 20,2011 

attainment. 

Emission credit transactions used as an alternative compliance method. 

Page 39 

I 
V.F.14. No emission credit transaction shall be approved unless the terms of the transaction are 

incorporated in permits applicable to the originating (as applicable) and receiving 

emissions sources. 

V.F.15. Emission credit transactions that require a state implementation plan revision shall be 

considered by the Commission on a case-by-case basis. The source requesting 

approval of the transaction has the burden of demonstrating that all the criteria of this 

Section V.F., are met and of demonstrating that all applicable requirements for approval 

of the state implementation plan revision has been met. 

V.G. Bubble Transactions 

V. G.1. An owner or operator of an existing source may apply to the Commission for approval of 

a state implementation plan revision establishing a bubble. The bubble shall establish 

new emissions limitations for two or more facilities or operations within the source. 

V.G.2. The Commission shall not approve a bubble unless it meets the criteria for approval of 

Section V.F., and the Division has first certified an emissions reduction at a facility or 

operation included in the bubble. 

V.G.3. As part of the certification process, the amount of allowable emissions shall be reduced 

at the facility or operation where the emissions reduction has occurred in accord with 

Section V.D.5. As part of the bubble approval, the Commission may approve an increase 

in the total allowable emissions at the other facilities or operations covered by the bubble, 

by an amount not to exceed the amount of the subject certified emissions reduction. 

V.G.4. As part of the bubble approval, the Commission may extend compliance deadlines 

otherwise required by Commission regulations for volatile organic compounds or carbon 

monoxide emissions, provided the following criteria are met: 

V.G.4.a. The applicant must demonstrate to the satisfaction of the Commission 

that reasonable further progress toward the attainment of the National Ambient 

Air Quality Standards under the state implementation plan shall be maintained 

either by: 

V.G.4.a.(i) Achievement of emissions reductions earlier than otherwise 

· required by certain facilities or operations covered by the bubble; or 

V.G.4.a.(ii) Temporary use of a certified emissions reduction to assure 

reasonable further progress toward attainment of the National Ambient 

Air Quality Standards. 

V.G.5. If subsequent to the approval of a bubble, the Commission promulgates new regulations 

or amends existing regulations applicable to a source for which the bubble has been 

approved, the source shall be required to meet the new or amended regulations, 

irrespective of the bubble, by either further reducing emissions or using certified 

emissions reductions as offsets. 

V.G.6. Bubble applications in areas that require but lack approved demonstrations of attainment, 

i.e., non approved state implementation plans, must be accompanied by assurances of 

consistency with ambient progress and air quality planning goals specified below: · 

V.G.6.a. The resulting emission limits comply with the reduction requirements of 

Regulation Number 3 

Adopted: October 20, 2011 

Section V.D.5.c., and the baseline requirements of Section V.E.; 

Page40 
V.G.6.b. The bubble emission limits will be included in any new state 

implementation plan and associated control strategy demonstration; 

V.G.6.c. The bubble will not constrain the Division's ability to obtain any additional 

emission reductions needed to expeditiously attain and maintain ambient air 

quality standards; 

V.G.6.d. The Division is making reasonable efforts to develop a complete 

approvable state implementation plan and intends to adhere to the schedule for 

such development (including dates for completion of emission inventory and 

subsequent increments of progress) stated in or with the letter formally 

submitting the bubble. 

V.G.7. Bubbles should not increase applicable net baseline emissions. Ordinarily, bubbles may 

not result in an increase in applicable net baseline emissions. Such a bubble would 

require a case-by-case state implementation plan revision, and may only be approved 

based upon a combined Level Ill and Level II modeling analysis (i.e., an analysis 

sufficient to show that all applicable requirements of a full Levell II analysis are met, and 

that the bubble would not result in any exceedance of significance values specified for a 

Level II analysis at any receptor for any averaging time specified in an applicable ambient 

air quality standard). 

V.G.S. Bubbles should not increase emissions of hazardous or toxic air pollutants. 

V.H. Offset Transactions 

V.H.1. The owner or operator of a source at which an emissions reduction has occurred, and the 

owner or operator of another source who wishes to use the emissions reduction as an 

offset, may apply for approval of an offset transaction. In such transactions certified 

emissions reductions may be applied to avoid causing a violation of an increment in an 

attainment or attainmenUmaintenance area, or to meet the requirements of Section 

V.A.3. of Part D of this regulation. A certified emissions reduction may not be used as 

an offset for the purpose of complying with an existing applicable emissions control 

regulation, except for Reasonably Available Control Technology. 

V.H.2. The Division shaH determine whether to approve an offset transaction in the following 

cases: 

V.H.2.a. Where the source using the emissions reduction would be allowed to 

increase emissions by less than one hundred tons per year. 

V.H.2.b. Where the transaction involves volatile organic compounds or oxides of 

nitrogen emissions. 

V.H.2.c.Where the transaction involves sulfur dioxide, PM10 or carbon monoxide 

emissions, and all sources involved in the transaction are within two hundred and 

fifty meters of one another. 

V.H.3. Any proposed offset transaction, other than those referred to in Section V.H.2., shall be 

treated as a request to the Commission for a state implementation plan revision. 

V.H.4. Sources of PM10 precursors, sulfur dioxide, nitrogen oxide and carbon monoxide must 

seek offsets within reasonably close proximity. Sources of nitrogen oxide and volatile 

organic compounds may seek offsets over a greater area. However, for widely dispersed 

and volatile organic compound trades, a higher offset may be required. 

Regulation Number 3 

Adopted: October 20, 2011 Page 41 
V.H.S. If the applicant has used his best efforts in seeking the required emission offsets but was 

unsuccessful, the source may petition for use of some portion of growth allowance. The 

petition must state the emission increase will not interfere with Reasonably Further 

Progress and the petitioner is willing to enter into an enforceable program to provide the 

required emission offset at some future time. 

V.H.6. In the absence of an approved attainment demonstration, banked Emission Reduction 

Credits from shutdowns or curtailments may be used for offsets only if the criteria stated 

in Section V.E.S.b. of Part A of this regulation are met. 

V.H.7. In nonattainment areas with approved demonstrations, banked Emission Reduction 

Credits may be used for offsets in any trade provided the criteria stated in Section 

V.E.S.a. of Part A of this Regulation are met. 

V.H.8. lnterpollutant offsets (other than those offsets discussed above) may be approved by 

U.S. EPA on a case-by-case basis provided that the applicant demonstrates, on the basis 

of U.S. EPA-approved methods where possible, that the emissions increases from the 

new or modified source will not cause or contribute to a violation of an ambient air quality 

standard. A source's permit application that includes such an interpollutant offset 

proposal shall not be approved by the Division until there has been an opportunity for 

public hearing on the proposed emissions trade and until written approval has been 

received from the U.S. EPA. 

V.I. Netting Transactions 

V.l.1. Netting may exempt modifications of existing major sources from certain pre-construction 

permit requirements under new source review, so long as there is no significant net 

emission increase, as net emissions increase is defined in Section II.A.26. of Part D of 

this regulation. By netting out, the modifications is not considered major and therefore 

not subject to pre-construction permit requirements for major modifications as follows: 

V.l.1.a. Section VI. of Part D of this regulation, for prevention of significant deterioration; 

V.l.1. b. Visibility analysis; and 

V.l.1.c. Section V.A. of Part D of this regulation, for nonattainment new source review. 

V.l.2. The Division shall grant such an exemption if the emissions reduction qualifies as an 

Emission Reduction Credit under Regulation Number 5 meets the criteria in Section V.E., 

for certification, and the difference between the amount of the certified emissions 

reduction, and the amount of new pollutants to be emitted from the new or modified 

facility, does not constitute a significant increase of pollutants. 

V.l.3. An increase of pollutants shall be considered significant if it equals or exceeds the 

amounts specified in the definition of significant in Part D of this regulation. 

VI. Fees 

VI.A. General 

VI.A.1. Every person required to obtain a Construction or Operating Permit or to file an Air 

Pollution Emission Notice shall pay fees as set forth in the following sections. Such fees 

shall be charged to recover the direct and indirect costs incurred by the Division in 

processing permit applications, issuing permits, and in conducting a compliance 

monitoring and enforcement program. Such fees shall apply without regard to whether a 

Regulation Number 3 

Adopted: October 20,2011 Page42 
permit is issued, denied, withdrawn, or revoked. Fees shall be charged as indicated in 

Section VI. D. of this part. 

VI.B. Permit Processing Fees 

VI.B.1. Applicants for a permit shall be assessed total fees that shall be partially determined at 

the time that the Division makes its decision whether to issue preliminary approval of the 

permit and partially at the time the Division makes its decision whether to issue final 

approval. 

VI.B.2. The partial fee collected at the time the Division makes its decision whether to issue 

preliminary approval of the permit shall include the costs associated with the preliminary 

engineering evaluation, modeling, and analysis of impact on ambient air quality, notice 

and publication requirements, and such other costs as are required for the 

aforementioned activities incurred by the Division up to the time of the decision of 

whether to issue preliminary approval. 

VI.B.3. The final fee collected at the time the Division makes its decision of whether to issue final 

approval shall include the balance of the total of all costs associated with enforcement of 

any terms and conditions of the emission permit, the supervision of compliance testing, 

notice and publication requirements, and such other costs as are required for the 

processing, issuance, and administration of the permit. 

VI.B.4. If the Division requires more than thirty hours to process an application, the Division shall 

inform the owner or operator of the source and provide an estimate of what the actual 

charges may be, prior to commencing with processing of the application, unless the 

owner or operator waives this requirement in writing. 

VI.B.5. All permit processing fees assessed must be received within thirty days of the date of 

receipt of the written request therefore. All fees collected under this regulation shall be 

made payable to the Colorado Department of Public Health and Environment. 

Construction permits shall not be issued until all such assessed fees have been paid. 

Permits issued in accordance with Part C of this regulation may be issued upon approval 

by the Division of a fee payment schedule. 

VI.C. Annual Emissions Fees 

VI.C.1. As used in this Section VI., in accordance with Colorado Revised Statute Section 25-7-

114.7, regulated air pollutant means: 

VI.C.1.a. A volatile organic compound; 

VI.C.1.b. Each hazardous air pollutant; 

VI.C.1.c. Each pollutant regulated under Section 111 of the Federal Act (New 

Source Performance Standards); 

VI.C.1.d. Each pollutant for which a National Ambient Air Quality Standard has 

been promulgated, except for carbon monoxide; and 

VI.C.1.e. Each pollutant regulated under Section 25-7-109, except GHG of the 

state Act. 

VI.C.1.f. The term regulated air pollutant does not include fugitive dust as defined 

Regulation Number 3 

Adopted: October 20, 2011 

in Section 1.8.21. of this Part A, or any fraction thereof. 

Page 43 

I 

r 
VI.C.2. Every owner or operator of an air pollution source required to file an Air Pollutant 

Emission Notice shall pay a nonrefundable annual emissions fee as set forth in Section 

VI.D.1. of this Part A. 

VI.C.3. All annual emissions fees assessed must be received within sixty days of the date of 

issuance of the written request therefore. All fees collected under this regulation shall be 

made payable to the Colorado Department of Public Health and Environment. 

VI.C.4. In no event shall an owner or operator of a source pay more than a fee based upon total 

annual emissions of four thousand tons of each regulated air pollutant per source. 

VI.D. Fee Schedule 

VI.D.1. Annual emission fees and permit processing fees shall be charged in accordance with 

and in the amounts and limits specified in the provisions of Colorado Revised Statutes 

Section 25-7-114.7. Annual emission fees for regulated pollutants shall be $22.90 per 

ton. Annual emission fees for hazardous air pollutants shall be $152.90 per ton. GHG is 

exempt from the requirement to pay annual emission fees. 

VI.D.2. Air Pollutant Emission Notice filing fees shall be charged in accordance with and in the 

amounts and limits specified in the provisions of Colorado Revised Statutes Section 25-7-

114.1. 

VII. Confidential Information or Data Contained in Air Pollutant Emission Notices, Permit 

Applications, or Reports Submitted Pursuant to Part C, Section V.C.6. 

VII .A. Upon written request to the Division, any person filing an Air Pollutant Emission Notice or permit 

application, or submitting reports pursuant to Regulation Number 3, Part C, Sections V.C.6. or 

V.C.7., may request that information contained in such an Air Pollutant Emission Notice, permit 

application, or report relating to secret processes or methods of manufacture or production be 

kept confidential. The written request must identify the basis for the claim that the information 

relates to secret processes or methods of manufacture or production. All information claimed as 

confidential must be segregated from the rest of the Air Pollutant Emission Notice, permit 

application, or report when submitted, with each page clearly marked as "Confidential," "Trade 

Secret," or other similar marking. 

VII .B. The Division will evaluate confidentiality claims based on the written request. The burden of 

establishing that the information relates to secret processes or methods of manufacture or 

production is on the claimant. Emission data, as defined in Colorado Revised Statutes Section 

25-7-1 03(11.5), shall not be entitled to confidential treatment notwithstanding this Section VII., or 

any other law to the contrary. In no event shall an Operating Permit or the compliance 

certifications submitted pursuant to Section 111.8.8. of Part C of this Regulation Number 3 be 

entitled to confidential treatment. If the Division determines that information requested to be kept 

confidential is not entitled to confidential treatment, it shall provide written notice of this 

. determination at least three working days prior to making such information available to the public. 

VII. C. A request for confidential treatment of information or data submitted to the Division shall be 

deemed a limited waiver by the applicant of the time constraints contained in Section 111.8. of Part 

8, or Section IV. of Part C of this regulation. Therefore, any delay in the processing of a permit 

application resulting from the Division's being required to give notice under Section Vll.8., hereof, 

shall not be considered in determining whether the time constraints set forth in this regulation 

have been met. 

VIII. Technical Modeling and Monitoring Requirements 

Regulation Number 3 

Adopted: October 20, 2011 Page44 
VII I.A. Air Quality Models 

VIII.A.1.AII estimates of ambient concentrations required under this Regulation Number 3 shall be 

based on the applicable air quality models, databases, and other requirements generally 

approved by U.S. EPA and specifically approved by the Division. 

If a non-U.S. EPA approved model, such as a wind tunnel study, is proposed, the nature 

and requirements of such a model should be outlined to the Division at a pre-application 

meeting. The application will be deemed incomplete until there has been an opportunity 

for a public hearing on the proposed model and written approval of the U.S. EPA has 

been received. 

VJII.B. Monitoring 

VJII.B.1.AII monitoring must be performed in accordance with U.S. EPA accepted procedures as 

approved by the Division. 

VJII.B.2.An owner or operator may submit a monitoring program for a proposed source or 

modification to the Division for review. Within sixty days after such submittal, the Division 

shall: 

VJII.B.2.a. Approve the monitoring program; or 

VIII.B.2.b. Specify the changes necessary for approval; otherwise, the monitoring 

program shall be deemed approved. 

VJII.C. Stack Heights 

This regulation sets limits for the maximum stack height credit to be used in ambient air quality 

modeling for the purpose of setting an emission limitation and calculating the air quality impact of 

a source. It does not limit the actual physical stack height for any source. The following shall not 

be considered in determining whether an emission limitation is met: 

VIII.C.1. Stack height in excess of good engineering practice; or 

VJII.C.2. Any other dispersion technique except that the provisions of this Section VIII. C. 

shall not apply to stack heights in existence or dispersion techniques implemented before 

December 31, 1970. Sources that were constructed, reconstructed, or for which major 

modifications were carried out after December 31, 1970, and that are emitting pollutants 

from such stacks, or using such dispersion techniques, shall be subject to the provisions 

of this section. 

VIJI.D. Definitions as used in Section VIII.C. 

VIII.D.1. Stack in existence means that the owner or operator had: 

VIII.D.1.a. Begun, or caused to begin, a continuous program of physical on site 

construction of the stack; or 

VIII.D.1.b. Entered into binding agreements or contractual obligations that could not 

Regulation Number 3 

Adopted: October 20, 2011 

be cancelled or modified without substantial loss to the owner or operator, to 

undertake a program of construction of the stack to be completed in a reasonable 

time. 

Page45 
VIII.D.2. Dispersion Technique means any technique that attempts to affect the 

VIII.D.3. 

concentration of a pollutant in the ambient air by using that portion of a stack that 

exceeds good engineering practice stack height, varying the rate of emission of a 

pollutant according to atmospheric conditions. or ambient concentrations of that pollutant, 

or by increasing final exhaust gas plume rise by manipulating source process 

parameters, exhaust gas parameters, or combining exhaust gases from several existing 

stacks into one stack; or other selective handling of exhaust gas streams so as to 

increase the exhaust gas plume rise. The preceding sentence does not include: 

VIII.D.2.a. The reheating of a gas stream, following use of a pollution control 

system, for the purpose of returning the gas to the temperature at which it was 

originally discharged from the facility generating the gas stream; 

VIII.D.2.b. The merging of exhaust gas streams where: 

VIII.D.2.b.(i) The source owner or operator demonstrates that the facility was 

originally designed and constructed with such mergtd gas streams; 

VIII.D.2.b.(ii) After July 8, 1983, such merging is part of a change in operation 

at the facility that includes the installation of pollution controls and is 

accompanied by a net reduction in the allowable emissions of a pollutant. 

This exclusion from the definition of dispersion techniques shall apply 

only to the emission limitation for the pollutant affected by such change 

in operation; or 

VIII.D.2.b.(iii) Before July 8, 1985, such merging was part of a change in 

operation at the facility that included the installation of emissions control 

equipment or was carried out for sound economic or engineering 

reasons. Where there was an increase in the emissions limitation or, in 

the event that no emission limitation was in existence prior to the 

merging, the reviewing agency shall presume that merging was 

significantly motivated by intent to gain emissions credit for greater 

dispersion. 

Absent a demonstration by the source owner or operator that merging was not 

significantly motivated by such intent, the reviewing agency shall deny credit for 

the effects of such merging in calculating the allowable emissions for the source; 

VIII.D.2.c. Smoke management in agricultural or silvicultural prescribed burning 

programs; 

VIII.D.2.d. Episodic restrictions on residential wood burning and open burning; or 

VIII.D.2.e. Techniques that increase final exhaust gas plume rise where the 

resulting allowable emissions of sulfur dioxide from the facility do not exceed five 

thousand tons per year. 

Good Engineering Practice Stack Height means the greater of: 

VIII.D.3.a. 65 meters; or 

VIII.D.3.b. For stacks in existence on January 12, 1979 and for which the owner or 

operator had obtained all applicable pre-construction permits or approvals 

required, Hg = 2.5H, provided the owner or operator produces evidence that this 

equation was actually relied on in establishing an emission limitation; and 

Regulation Number 3 

Adopted: October 20, 2011 Page46 
VIII.D.4. 

VIII.D.3.c. For all other stacks, Hg = H + 1.5L where: 

VIII.D.3.c.(i) Hg =good engineering practice stack height measured from the 

ground level elevation at the base of the stack; 

VIII.D.3.c.(ii) H =height of nearby structure(s) measured from the ground level 

elevation at the base of the stack; 

VIII.D.3.c.(iii) L =lesser dimension (height or projected width) of nearby 

structure(s) provided that the reviewing agency may require the use of a 

field study or fluid model to verify Good Engineering Practice stack 

height for the source; or 

VIII.D.3.d. The height demonstrated by a fluid model or a field study approved by 

the reviewing agency, which ensures that the emissions from a stack do not 

result in excessive concentrations of any air pollutant as a result of atmospheric 

downwash, wakes, or eddy effects created by the source itself, structures, or 

terrain obstacles. 

Nearby as applied to good engineering practice is: 

VIII.D.4.a. For purposes of applying the formulae provided in Sections VIII.D.3.b. 

and VIII.D.3.c. in the definition of good engineering practice stack height means 

that distance up to five times the lesser of the height or the width dimension of a 

structure, but not greater than 0.8 kilometers (1/2 mile), and 

VIII.D.4.b. For conducting demonstrations in Section VIII.D.3. in the definition of 

good engineering practice means not greater than 0.8 kilometers (1/2 mile), 

except that the portion of a terrain feature may be considered to be nearby that 

falls within a distance of up to ten times the maximum height of the feature, not to 

exceed two miles if such feature achieves a height 0.8 kilometers from the stack 

that is at least forty percent of the good engineering practice stack height 

determine by the formula or twenty-six meters, whichever is greater. 

VIII.D.5. Excessive concentrations for the purpose of determining good engineering 

practice, stack height in a fluid model or field study, means: 

VIII.D.S.a. For sources seeking credit for stack height exceeding that established by 

Regulation Number 3 

Adopted: October 20, 2011 

the formulae, a maximum ground level concentration due to emissions from a 

stack due in whole or part to downwash, wakes, and eddy effects produced by 

nearby structures or nearby terrain features that individually is at least forty 

percent in excess of the maximum concentration experienced in the absence of 

such downwash, wakes, or eddy effects and that contributes to a total 

concentration due to emissions from all sources that is greater than an ambient 

air quality standard. For sources subject to the prevention of significant 

deterioration program, an excessive concentration alternatively means a 

maximum ground level concentration due to emissions from a stack due in whole 

or part to downwash, wakes, or eddy effects produced by nearby structures or 

nearby terrain features that individually is at least forty percent in excess of the 

maximum concentration experienced in the absence of such downwash, wakes, 

or eddy effects and greater than a prevention of significant deterioration 

increment. The allowable emission rate to be used in making demonstrations 

shall be prescribed by the new source performance standard that is applicable to 

the source category unless the owner or operator demonstrates that this 

emission rate is infeasible. Where such demonstrations are approved by the 

Page47 

f 

I [i 

l 

f 

I 

I 

I ! 

I 
Division, an alternative emission rate shall be established in consultation with the 

source owner or operator; 

VIII.D.5.b. For sources seeking credit after October 1, 1983 for increases in existing 

APPENDIX A 

stack heights up to the heights established by the formulae, either: 

VIII.D.5.b.(i) A maximum ground level concentration due in whole or part to 

downwash, wakes or eddy effects as provided in Section VIII.D.5.a. 

above, except that the emission rate specified by any applicable state 

implementation plan (or, in the absence of such a limit, the actual 

emission rate) shall be used; or 

VIII.D.5.b.(ii) The actual presence of a local nuisance caused by the existing 

stack, as determined by the Division; and 

VIII.D.5.b.(iii) For sources seeking credit after January 12, 1979 for a stack 

height determined using the formula, where the Division requires the use 

of a field study or fluid model to verify good engineering practice stack 

height; for sources seeking stack height credit after November 9, 1984 

based on the aerodynamic influence of cooling towers; and for sources 

seeking credit after December 31, 1970 based on the aerodynamic 

influence of structures not adequately represented by the formulae: a 

maximum ground level concentration due in whole or part to downwash, 

wakes or eddy effects that is at least forty percent in excess of the 

maximum concentration experienced in the absence of such downwash, 

wakes or eddy effects. 

Method For Determining De Minimis Levels For Non-Criteria Reportable Pollutants 

The following procedures must be followed in order to determine the appropriate de minimis (minimum) 

reporting level for each pollutant that is emitted from each emission point at a contiguous site. If you do 

not wish to use the three-scenario approach at your facility, you may elect to use Scenario 1 for all 

emission points. 

Definitions 

Release Point- the lowest height above ground level from which the pollutants are emitted to the 

atmosphere. 

Property Boundary- the distance from the base of the release point to the nearest property boundary. 

Point - an individual emission point or a group of individual emission points reported on one Air Pollutant 

Emission Notice as provided for in Part A, Section 11.8.4. 

Methodology 

To determine the de minimis level for a single pollutant being emitted from a point (single or grouped). 

STEP 1: 

Determine which of the three scenarios below applies to the emission point. If different scenarios can be 

applied to the same emission point, use the highest numbered scenario that applies. In the case of 

Regulation Number 3 

Adopted: October 20, 2011 Page48 
grouped emission points, use the lowest scenario number (for the entire group) that applies to any of the 

single emission points within the group. 

Scenario 1: Release point less than 1 0 meters or property boundary less than 1 00 meters; 

Scenario 2: Release point equal to or greater than 10 meters, but less than 50 meters, or 

property boundary equal to or greater than 100 meters, but less than 500 meters; or 

Scenario 3: Release point equal to or greater than 50 meters, or property boundary equal to 

or greater than 500 meters. 

STEP 2: 

Use Appendix B to identify which of the three bins (Bin A, B, or C) the chemical is listed under. 

If the pollutant is not listed, it does not have to be reported unless it is included in a chemical compound 

group. 

STEP 3: 

Use the table below to determine the de minimis level. 

All values are in pounds per year. 

Scenario 1 Scenario 2 Scenario 3 

Chemical Bin De Minimis De Minimis De Minimis 

Bin A 50 125 250 

Bin B 500 1250 2500 

Bin C 1000 2500 5000 

STEP4: 

Repeat the above steps for each pollutant emitted from each emission point (single or grouped). One Air 

Pollutant Emission Notice must be filed for each emission point that emits one or more chemicals above 

the de minimis level. 

APPENDIXB 

Non-criteria Reportable Pollutants (Sorted by BIN) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

I CAS 

Regulation Number 3 

Adopted: October 20, 2011 

I Toxics I BIN 

Page 49 
HAP 79345 

HAP 79005 

HAP 75354 

HAP 57147 

HAP 120821 

HAP 96128 

HAP 122667 

HAP 106887 

HAP 75558 

HAP 106990 

HAP 542756 

HAPs 55981 

HAP 106467 

HAPs 7644410 

HAP 123911 

HAP 1746016 

HAP 88062 

HAP 94757 

HAP 51285 

HAP 121142 

HAP 584849 

91087 

HAP 532274 

HAP 79469 

HAP 119937 

Regulation Number 3 

Adopted: October 20, 2011 

1,1 ,2,2-Tetrachloroethane A 

1,1 ,2-Trichloroethane A 

1, 1-Dichloroethylene (Vinylidene A 

chloride) 

1, 1-Dimethyl hydrazine A 

1 ,2,4-Trichlorobenzene A 

1 ,2-Dibromo-3-chloropropane A 

1 ,2-Diphenylhydrazine A 

1 ,2-Epoxybutane A 

1 ,2-Pro_pylenimine _(2-Meth_yl aziridinel A 

1 ,3-Butadiene A 

1, 3-Dich loropropene A 

1 ,4-Butanediol dimethanesulphonate A 

1 A-Dichlorobenzene A 

1 ,4-Dichloro-2-butene A 

1 ,4-Dioxane (1 ,4-Diethyleneoxide) A 

2,3, 7,8-TCDD (Dioxin) A 

2,4,6-Trichlorophenol A 

2,4-D, salts and esters (2,4- A 

Dichlorophenoxyacetic acidj 

2,4-Dinitrophenol A 

2,4-Dinitrotoluene A 

2,4-Toluene diisocyanate A 

2,6-Toluene diisoc_yanate A 

2-Chloroaceto_Q_henone A 

2-Nitro_Qro_Q_ane A 

3,3'-Dimeth_yl benzidine A 

Page SO 
HAP 91941 

HAP 119904 

HAP 101144 

HAP 101779 

HAP 534521 

HAP 92671 

HAP 75070 

HAP 75058 

HAP 107028 

HAP 79061 

HAP 79107 

HAP 107131 

HAPs 1402682 

116063 

HAPs 309002 

107186 

HAP 107051 

20859738 

HAP 62533 

HAP 0 

86884 

HAP 0 

HAP 1332214 

HAP 71432 

HAP 92875 

Regulation Number 3 

Adopted: October 20,2011 

3,3-Dichlorobenzidene 

3,3-Dimethoxybenzidine 

4,4-Meth~lene bis 12-chloroanilin~ 

4,4-Methylenedianiline 

4,6-Dinitro a-cresol, and salts 

4-Aminobiphenyl 

Acetaldehyde 

Acetonitrile 

Acrolein 

Acrylamide 

Acrylic acid 

Acrylonitrile 

Aflatoxins 

Aldicarb (Temik)_ 

Aldrin 

Allyl alcohol 

Allyl chloride 

Aluminum phos_Q_hide 

Aniline 

Antimony compounds 

ANTU (alpha-naphthylthiourea) 

Arsenic compounds 

Asbestos 

Benzene 

Benzidine (p-Diamino diphenyl) 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

Page 51 

t 

I 
HAP 98077 

HAP 100447 

HAP 0 

HAP 542881 

HAP 117817 

7726956 

HAP 75252 

HAP 0 

HAP 156627 

HAP 133062 

1563662 

HAP 75150 

HAP 56235 

HAP 120809 

HAP 133904 

HAP 57749 

HAP 7782505 

HAP 79118 

HAP 108907 

107073 

HAP 67663 

HAP 107302 

HAP 126998 

HAP 0 

Regulation Number 3 

Adopted: October 20, 2011 

Benzotrichloride A 

Benzyl chloride, A 

(Chloromethyl)benzene 

Beryllium comp_ounds A 

Bischloromethyl ether A 

Bis(2-ethylhexyl) phthalate (DEHP) A 

(Dioctyl phthalate) 

Bromine A 

Bromoform A 

Cadmium compounds A 

Calcium cyanamide A 

Captan A 

Carbofuran A 

Carbon disulfide A 

Carbon tetrachloride A 

Catechol A 

Chloramben (3-amino-2,5-dichloro A 

benzoic acid) 

Chlordane A 

Chlorine A 

Chloroacetic acid A 

Chlorobenzene A 

Chloroethanol A 

Chloroform (Trichloromethane) A 

Chloromethyl methyl ether A 

Chloroprene (2-Chloro-1 ,3-butadiene) A 

Chromium compounds (incl. 6+ A 

compounds, etc.) 

Page 52 
HAP 0 

HAP 0 

HAP 1319773 

4170303 

123739 

HAP 98828 

HAP 0 

HAP 3547044 

8065483 

HAP 334883 

19287457 

HAP 111444 

HAP 62737 

141662 

HAPs 60571 

HAP 111422 

115264 

60515 

HAP 77781 

HAP 68122 

78342 

152169 

298044 

115297 

72208 

Regulation Number 3 

Adopted: October 20,2011 

Cobalt compounds (as cobalt metal A 

dust and fumes) 

Coke Oven Emissions A 

Cresylic acid/Cresols A 

Crotonaldehyde A 

Crotonaldehyde (E) A 

Cumene A 

Cyanide com_2_ounds A 

DOE A 

(Dichlorodiphen:tldichloroethylenej 

Demeton A 

Diazomethane A 

Diborane A 

Dichloroethyl ether (Bis(2- A 

chloroethyl)etherj 

Dichlorvos A 

Dicrotophos A 

Dieldrin A 

Diethanolamine A 

Dimefox A 

Dimethoate A 

Dimethyl sulfate A 

Dimetl}ylformam ide A 

Dioxathion A 

Di~hos_phoramide, octameti!YI A 

Disulfoton A 

Endosulfan A 

Endrin A 

Page 53 
HAP 106898 

563122 

HAP 140885 

HAP 106934 

HAP 107062 

HAP 151564 

HAP 75218 

HAP 96457 

22224926 

115902 

HAP 0 

944229 

HAP 50000 

110009 

HAP 0 

HAP 76448 

HAP 118741 

HAP 87683 

HAP 77474 

HAP 67721 

HAP 822060 

HAP 302012 

HAP 7647010 

HAP 7664393 

7783064 

Regulation Number 3 

Adopted: October 20, 2011 

Epichlorohydrin ( 1-Chloro-2,3- A 

epoxypropane) 

Ethion A 

Ethyl acrylate A 

Ethylene dibromide (1 ,2- A 

Dibromoethane) 

Ethylene dichloride (1 ,2- A 

Dichloroethane) 

Ethylene imine (Aziridine) A 

Ethylene oxide A 

Ethylene thiourea A 

Fenaminophos (Fenamiphos) A 

Fensulfothion A 

Fine mineral fibers A 

Fonofos A 

Formaldehyde A 

Furan A 

Glycol ethers A 

Hej:>_tachlor A 

Hexachlorobenzene A 

Hexachlorobutadiene A 

Hexachlorocyclopentadiene A 

Hexachloroethane A 

Hexamethylene-1 ,6-diisocyanate A 

Hydrazine A 

Hydrochloric acid (Hydrogen chloride) A 

Hydrogen fluoride (Hydrofluoric acid} A 

Hydrogen sulfide A 

Page 54 
465736 

HAP 78591 

4098719 

HAP 0 

HAP -

HAP 0 

950107 

HAP 0 

126987 

10265926 

950378 

HAP 72435 

86500 

HAP 74839 

HAP 74873 

HAP 60344 

HAP 74884 

HAP 624839 

74931 

HAP 75092 

HAP 101688 

7786347 

505602 

HAP 121697 

HAP 0 

Regulation Number 3 

Adopted: October 20,2011 

lsodrin A 

lsophorone A 

lsophorone diisocyanate A 

Lead compounds (except elemental A 

lead) 

Lindane (all isomers of A 

hexachlorocyclohexane) 

Manganese compounds A 

Mephosfolan A 

Mercury com_Q_ounds A 

Methacrylonitrile A 

Methamidophos A 

Methidathion A 

Methoxychlor A 

Methyl azinphos A 

Methyl bromide (Bromomethane) A 

Methyl chloride (Chloromethane) A 

Methyl hydrazine A 

Methyl iodide _ilodomethane} A 

Methyl isocyanate A 

Methyl mercaptan (Methanethiol) A 

Methylene chloride (Dichloromethane) A 

Methylene diphenyl diisocyanate (MDI) A 

Mevinphos A 

Mustard gas (Dichlorodiethyl sulfide) A 

N,N-Diethyl aniline {N,N- A 

Dimethylaniline) 

Nickel compounds (incl. nickel A 

Page 55 
54115 

7697372 

HAP 98953 

HAPs 55185 

HAP 62759 

HAPs 924163 

HAP 90040 

HAP 95534 

1910425 

2074502 

HAP 56382 

298000 

HAP 82688 

HAP 87865 

HAP 127184 

HAPs 122601 

298022 

HAP 75445 

HAP 7803512 

HAP 7723140 

HAP 1336363 

HAP 0 

HAP 57578 

HAP 114261 

Regulation Number 3 

Adopted: October 20,2011 

subsulfide) 

Nicotine A 

Nitric acid A 

Nitrobenzene A 

N-Nitrosodiethylamine A 

N-Nitrosodimethylamine A 

N-Nitroso-di-n-but}'lamine A 

o-Anisidine A 

a-Toluidine A 

Paraquat A 

Para_quat methosulfate A 

Parathion A 

Parathion-methyl A 

Pentachloronitrobenzene A 

(Quintobenzene) 

Pentachlorophenol A 

Perchloroethylene A 

(Tetrachloroethylene) 

Phenyl glyceryl ether (3 phenoxy 1,2 A 

propanediol) 

Ph orate A 

Pho~g_ene A 

Phosphine A 

Phosphorous A 

Polychlorinated biphenyls (PCBs) A 

(Aroclors) 

Polycylic Organic Matter A 

Propiolactone, beta A 

Propoxur (Baygon) A 

Page 56 
HAP 78875 

HAP 75569 

HAP 106445 

HAP 91225 

HAP 106514 

HAP 0 

HAP 0 

62748 

131522 

57249 

3689245 

13494809 

107493 

13071799 

509148 

-

108985 

HAP 8001352 

HAP 121448 

HAP 1582098 

HAP 593602 

HAP 75014 

81812 

129066 

1314847 

HAP 1120714 

Regulation Number 3 

Adopted: October 20, 2011 

Propylene dichloride (1 ,2-

Dichloropropane) 

Propylene oxide 

p_-Cresol 

Quinoline 

Quinone 

Radionuclides (including radon) 

Selenium compounds 

Sodium fluoroacetate 

Sodium pentachlorophenate 

Strychnine 

Sulfotef>_ 

Tellurium 

TEPP (Tetraethyldithiopyrophosphate) 

Terbufos 

Tetranitromethane 

Thallium compounds 

Thiophenol (Phenyl mercaptan) 

Toxaphene (Camphechlor) 

Triethylamine 

Trifluralin 

Vinyl bromide 

Vinyl chloride 

Warfarin 

Warfarin sodium 

Zinc phosphide 

1 ,3-Propane sultone 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

B 

Page 57 

f 

J 

i 
HAP 95807 

HAPs 132274 

HAPs 60153493 

HAP 60355 

7664417 

HAPs 115286 

HAPs 108171262 

HAP 510156 

HAPs 117102 

HAPs 2646175 

1464535 

HAP 64675 

1642542 

HAP 60117 

HAP 79447 

HAPs 2475458 

HAP 51796 

HAP 75343 

144490 

HAP 680319 

55914 

HAPs 64091914 

16752775 

79221 

Regulation Number 3 

Adopted: October 20, 2011 

2,4-Toluene diamine B 

2-Biphenylol sodium salt B 

3-(N-Nitrosomethylamine) B 

(Propionitrile) 

Acetamide B 

Ammonia B 

Chlorendic acid B 

Chlorinated paraffins (C12, 60% B 

chlorine) 

Chlorobenzilate (ethyl-4,4'- B 

dichlorobenzilate) 

Chrysazin (Dorbane) B 

Cl Solvent Orange 2 B 

Diepoxybutane B 

Dieth~l sulfate B 

Diethylchlorophosphate B 

Dimethyl aminoazobenzene B 

Dimethyl carbamo_yl chloride B 

Disperse Blue 1 B 

Ethyl carbamate (Urethane) B 

Ethylidene dichloride ( 1,1- B 

Dichloroethane) 

Fluoracetic acid B 

Hexamethylphosphoramide B 

lsofluorphate B 

Ketone, 3-pyridyi-3-(N-methyi-N- B 

nitrosoamine) propyl 

Methomyl B 

Methyl chloroformate B 

Page 58 
HAP 108101 

HAPs 78988 

HAP 108394 

HAP 91203 

HAPs -

HAP 59892 

HAP 684935 

23135220 

HAP 95487 

732116 

HAP 85449 

107448 

7664939 

77816 

110576 

HAP 71556 

HAP 540841 

540885 

HAP 95954 

HAP 53963 

HAP 92933 

HAP 100027 

HAP 98862 

814686 

54626 

Regulation Number 3 

Adopted: October 20, 2011 

Methyl isobutyl ketone (MIBK) B 

(Hexane) 

Methylgly_oxal B 

m-Cresol B 

Naphthalene B 

Nitrilotriacetic acid, Ca-, Na-, K salts B 

N-Nitrosomorpholine B 

N-nitroso-N-met~urea B 

Oxamyl B 

a-Cresol B 

Phosmet B 

Phthalic anhydride B 

Sarin B 

Sulfuric acid B 

Tabun B 

Trans 1 ,4-dichlorobutene B 

1,1, 1-Trichloroethane (Methyl c 

chloroform) 

2,2 ,4-Trimethylpentane c 

Tertiary Butyl Acetate c 

2,4,5-Trichlorophenol c 

2-Acetylaminofluorene c 

4-Nitrobiphenyl c 

4-N itrophenol c 

Acetophenone c 

Acrylyl chloride c 

Aminopterin c 

Page 59 
78535 

3734972 

88051 

1397940 

HAP 92524 

534076 

10294345 

28772567 

HAP 63252 

HAP 463581 

786196 

470906 

24934916 

3691358 

1982474 

21923239 

56724 

5836293 

535897 

675149 

66819 

108918 

919868 

10311849 

HAP 132649 

HAP 84742 

Regulation Number 3 

Adopted: October 20,2011 

Amiton c 

Amiton oxalate c 

Aniline,2,4,6-Trimethyl c 

Antimycin A c 

BiQ_henyl c 

Bis(chloromethyl)ketone c 

Boron trichloride c 

Bromodiolone c 

Carbaryl c 

Carbonyl sulfide c 

Carbophenothion c 

Chlorfenvinfos c 

Chlormephos c 

ChloroQhacinone c 

Chloroxuron c 

Chlorthiophos c 

Coumaphos c 

Coumatetralyl c 

Crimidine c 

Cyanuric fluoride c 

Cyclohexamide c 

Cy_clohexylamine c 

Demeton-s-methyl c 

Dialifor c 

Dibenzofurans c 

Dibutyl_phthalate c 

Page 60 
149746 

HAP 131113 

75183 

2524030 

99989 

644644 

1420071 

82666 

541537 

2778043 

13194484 

2642719 

HAP 100414 

538078 

HAP 75003 

107153 

371620 

HAP 107211 

542905 

122145 

4301502 

7782414 

640197 

359068 

23422539 

2540821 

Regulation Number 3 

Adopted: October 20, 2011 

Dichlorometh_ylphenylsilane c 

Dimethyl phthalate c 

Dimethyl sulfide (Methyl sulfide) c 

Dimethylphosphorochloridothioate c 

Dimethyl-p-phenylenediamine c 

Dimetilan c 

Dinoterb c 

Diphacinone c 

Dithiobiuret c 

Endothion c 

Ethoprophos (Ethoprop) c 

Ethyl azinphos c 

Ethyl benzene (Phenylethane) c 

Ethyl bis 12-chloroethyl)amine c 

Ethyl chloride (Chloroethane) c 

Ethylene diamine c 

Ethylene fluorohydrin c 

Ethylene _glycol c 

Ethylth iocyanate c 

Fenitrothion c 

Fluenetil c 

Fluorine c 

Fluoroacetamide c 

Fluoroacetyl chloride c 

Formotanate hydrochloride c 

Formothion c 

Page61 
17702577 

21548323 

3878191 

4835114 

HAP 110543 

HAP 123319 

297789 

108236 

625558 

119380 

21609905 

HAP 108316 

HAP 67561 

2032657 

624920 

556616 

HAP 80626 

3735237 

78944 

315184 

HAP 1634044 

HAP 108383 

1122607 

991424 

HAPs 615532 

2497076 

Regulation Number 3 

Adopted: October 20, 2011 

Formparanate c 

Fosthietan c 

Fuberidazole c 

Hexameth_ylenediamine, N,N-dibutyl c 

Hexane c 

Hydroquinone c 

lsobenzan c 

Isopropyl chlorformate c 

lso!)ropyl formate c 

lsopropylmethylpyrazolyl c 

dimethylcarbamate (lsolan) 

Leptophos c 

Maleic anhydride c 

Methanol (Methyl alcohol)_ c 

Methiocarb c 

Methyl disulfide c 

Methyl isothiocyanate c 

Methyl methacrylate c 

Methyl phenkapton c 

Methyl vinyl ketone (3-butene-2-one) c 

Mexacarbate c 

MTBE (Methyl tertiary butyl ether) c 

m-Xylene c 

Nitrocyclohexane c 

Norbormide c 

N-nitroso-N-methylurethane c 

Oxydisulfoton c 

Page 62 
-

HAP 95476 

79210 

HAP 108952 

64006 

947024 

13171216 

110894 

23505411 

2631370 

106967 

HAP 123386 

140761 

53558251 

HAP 106503 

HAP 106423 

60413 

HAP 100425 

HAP 96093 

7446119 

297972 

79196 

HAP 7550450 

HAP 108883 

HAP 79016 

Regulation Number 3 

Adopted: October 20, 2011 

Ozone depleting compounds (CFC, c 

etcj 

o-Xylene c 

Peracetic acid c 

Phenol c 

Phenol,3-( 1-methylethyl)- c 

methylcarbamate 

Phosfolan c 

Phosphamidon c 

Piperidine c 

Pirimifos-ethyl c 

Promecarb c 

Propargyl bromide c 

Propionaldehyde c 

Pyridine, 2-meth'[l-5-vin_yl c 

Pyriminil c 

p-Phenylenediamine c 

_2-X_ylene c 

Strychnine sulfate c 

Styrene c 

Styrene oxide c 

Sulfur trioxide c 

Thionazin (0,0-Diethyl-0-(2- c 

_pyraziny_!}phos_phorothioatetl_ 

Thiosemicarbizide c 

Titanium tetrachloride c 

Toluene c 

Trichloroethylene JTCEl c 

Page 63 
555771 

2001958 

HAP 108054 

HAP 1330207 

28347139 

HAP -

-

HAPs -

-

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

HAP 0 

Regulation Number 3 

Adopted: October 20, 2011 

Tris(2-chloroethyl)amine c 

Valinomycin c 

Vinyl acetate c 

Xylene (and mixed isomers) c 

Xylylene dichloride c 

Lindane (all isomers of A 

hexachlorocyclohexane) 

Thallium compounds A 

Nitrilotriacetic acid, Ca-, Na-, K salts 8 

Ozone depleting compounds (CFC, c 

etc.) 

Antimony compounds A 

Arsenic compounds A 

Beryllium compounds A 

Cadmium compounds A 

Chromium compounds (incl. 6+ A 

compounds, etc.) 

Cobalt compounds (as cobalt metal A 

dust and fumes) 

Coke Oven Emissions A 

Cyanide compounds A 

Fine mineral fibers A 

Glycol ethers A 

Lead compounds (except elemental A 

lead) 

Manganese compounds A 

Mercury compounds A 

Nickel compounds (incl. nickel A 

subsulfide) 

Polycyclic Organic Matter A 

Page64 
HAP 0 

HAP 0 

HAP 50000 

HAP 51285 

HAP 51796 

HAP 53963 

540885 

54115 

54626 

HAPs 55185 

55914 

HAPs 55981 

HAP 56235 

HAP 56382 

56724 

HAP 57147 

57249 

HAP 57578 

HAP 57749 

HAP 59892 

HAP 60117 

HAP 60344 

HAP 60355 

60413 

60515 

HAPs 60571 

Regulation Number 3 

Adopted: October 20,2011 

Radionuclides (including radon) A 

Selenium compounds A 

Formaldehyde A 

2,4-Dinitrophenol A 

Ethyl carbamate (Urethane) B 

2-Acetylaminofluorene c 

Tertiary Butyl Acetate c 

Nicotine A 

Aminopterin c 

N-Nitrosodiethylamine A 

lsofluorphate B 

1 ,4-Butanediol dimethanesuiQ_honate A 

Carbon tetrachloride A 

Parathion A 

Coumaphos c 

1,1-Dimethyl hydrazine A 

Strychnine A 

Propiolactone, beta A 

Chlordane A 

N-Nitrosomorpholine B 

Dimethyl aminoazobenzene B 

Methyl hydrazine A 

Acetamide B 

Strychnine sulfate c 

Dimethoate A 

Dieldrin A 

Page 65 
HAP 62533 

HAP 62737 

62748 

HAP 62759 

HAP 63252 

64006 

HAP 64675 

66819 

HAP 67561 

HAP 67663 

HAP 67721 

HAP 68122 

HAP 71432 

HAP 71556 

72208 

HAP 72435 

HAP 74839 

HAP 74873 

HAP 74884 

74931 

HAP 75003 

HAP 75014 

HAP 75058 

HAP 75070 

HAP 75092 

Regulation Number 3 

Adopted: October 20, 2011 

Aniline A 

Dichlorvos A 

Sodium fluoroacetate A 

N-Nitrosodimethylamine A 

Carbaryl c 

Phenol,3-(1-methylethyl)- c 

methylcarbamate 

Diethyl sulfate B 

Cyclohexamide c 

Methanol (Meth_yl alcohol) c 

Chloroform (Trichloromethane) A 

Hexachloroethane A 

Dimethylformamide A 

Benzene A 

1,1, 1-Trichloroethane (Methyl c 

chloroform) 

Endrin A 

Methoxychlor A 

Methyl bromide (Bromomethane) A 

Methyl chloride (Chloromethane) A 

Methyl iodide (lodomethane) A 

Methyl mercaptan (Methanethiol}_ A 

Ethyl chloride (Chloroethane)_ c 

Vinyl chloride A 

Acetonitrile A 

Acetaldehyde A 

Methylene chloride (Dichloromethane) A 

Page 66 
HAP 75150 

75183 

HAP 75218 

HAP 75252 

HAP 75343 

HAP 75354 

HAP 75445 

HAP 75558 

HAP 75569 

HAP 76448 

HAP 77474 

HAP 77781 

77816 

78342 

78535 

HAP 78591 

HAP 78875 

78944 

HAPs 78988 

HAP 79005 

HAP 79016 

HAP 79061 

HAP 79107 

HAP 79118 

79196 

Regulation Number 3 

Adopted: October 20, 2011 

Carbon disulfide A 

Dimethyl sulfide {Methyl sulfide) c 

Ethylene oxide A 

Bromoform A 

Ethylidene dichloride ( 1, 1- 8 

Dichloroethane) 

1, 1-Dichloroethylene (Vinylidene A 

chloride) 

Phosgene A 

1 ,2-Propylenimine (2-Methyl aziridine) A 

Propylene oxide A 

Heptachlor A 

Hexachlorocyclopentadiene A 

Dimethyl sulfate A 

Tabun 8 

Dioxathion A 

Amiton c 

lsophorone A 

Propylene dichloride (1 ,2- A 

DichloroQro_panel 

Methyl vinyl ketone (3-butene-2-one)_ c 

Methylglyoxal 8 

1,1 ,2-Trichloroethane A 

Trichloroethylene (TCE) c 

Acrylamide A 

Acrylic acid A 

Chloroacetic acid A 

Thiosemicarbizide c 

Page 67 
79210 

79221 

HAP 79345 

HAP 79447 

HAP 79469 

HAP 80626 

81812 

82666 

HAP 82688 

HAP 84742 

HAP 85449 

86500 

86884 

HAP 87683 

HAP 87865 

88051 

HAP 88062 

HAP 90040 

91087 

HAP 91203 

HAP 91225 

HAP 91941 

HAP 92524 

HAP 92671 

HAP 92875 

HAP 92933 

Regulation Number 3 

Adopted: October 20, 2011 

Peracetic acid c 

Methyl chloroformate B 

1,1 ,2,2-Tetrachloroethane A 

Dimethyl carbamoyl chloride B 

2-Nitropropane A 

Methyl methac_r:ylate c 

Warfarin 

A 

Diphacinone c 

Pentachloronitrobenzene A 

(Quintobenzene) 

Dibutyl phthalate c 

Phthalic anhydride B 

Methyl azinphos A 

ANTU (alpha-naphthylthiourea) A 

Hexachlorobutadiene A 

Pentachlorophenol A 

Aniline,2,4,6-Trimethyl c 

2,4,6-Trichlorophenol A 

o-Anisidine A 

2,6-Toluene diiso9'anate A 

Naphthalene B 

Quinoline A 

3, 3-Dich lorobenzidene A 

BiQ_henyl c 

4-Aminobiphei}YJ A 

Benzidine (p-Diamino diphenyl) A 

4-Nitrobiphenyl c 

Page68 
HAP 94757 

HAP 95476 

HAP 95487 

HAP 95534 

HAP 95807 

HAP 95954 

HAP 96093 

HAP 96128 

HAP 96457 

HAP 98077 

HAP 98828 

HAP 98862 

98873 

HAP 98953 

99989 

HAP 100027 

HAP 100414 

HAP 100425 

HAP 100447 

HAP 101144 

HAP 101688 

HAP 101779 

HAP 106423 

HAP 106445 

Regulation Number 3 

Adopted: October 20,2011 

2,4-D, salts and esters (2,4- A 

Dichlorophenoxyacetic acid) 

o-Xylene c 

o-Cresol B 

a-Toluidine A 

2,4-Toluene diamine B 

2,4,5-Trichlorophenol c 

Styrene oxide c 

1 ,2-Dibromo-3-chloropropane A 

Ethylene thiourea A 

Benzotrichloride A 

Cumene A 

Acetophenone c 

Benzal chloride B 

[(Dichloromethyl)benzene; 

benzylidenechloride] 

Nitrobenzene A 

Dimethyl-p-phenylenediamine c 

4-Nitrophenol c 

Ethyl benzene (Phenylethane) c 

Styrene c 

Benzyl chloride, A 

(Chloromethyl)benzene 

4,4-Methylene bis (2-chloroaniline) A 

Methylene diphenyl diisocyanate _(MDI) A 

4,4-Methylenedianiline A 

p-Xylene c 

p-Cresol A 

Page 69 
HAP 106467 

HAP 106503 

HAP 106514 

HAP 106887 

HAP 106898 

HAP 106934 

106967 

HAP 106990 

HAP 107028 

HAP 107051 

HAP 107062 

107073 

HAP 107131 

107153 

107186 

HAP 107211 

HAP 107302 

107448 

107493 

HAP 108054 

HAP 108101 

108236 

HAP 108316 

HAP 108383 

Regulation Number 3 

Adopted: October 20, 2011 

1 ,4-Dichlorobenzene A 

p-Phenylenediamine c 

Quinone A 

1 ,2-Epoxybutane A 

Epichlorohydrin (1-Chloro-2,3- A 

epoxypropane) 

Ethylene dibromide (1 ,2- A 

Dibromoethane) 

Propargyl bromide c 

1 ,3-8utadiene A 

Acrolein A 

Allyl chloride A 

Ethylene dichloride (1 ,2- A 

Dichloroethane) 

Chloroethanol A 

Acrylonitrile A 

Ethylene diamine c 

Allyl alcohol A 

Ethylene glycol c 

Chloromethyl methyl ether A 

Sarin 8 

TEPP (Tetraethyldithiopyrophosphate) A 

Vinyl acetate c 

Methyl isobutyl ketone (MI8K) 8 

_(Hexone) 

Isopropyl chlorformate c 

Maleic anhydride c 

m-Xylene c 

Page 70 
HAP 108394 

HAP 108883 

HAP 108907 

108918 

HAP 108952 

108985 

110009 

HAP 110543 

110576 

110894 

HAP 111422 

HAP 111444 

HAP 114261 

115264 

HAPs 115286 

115297 

115902 

116063 

HAPs 117102 

HAP 117817 

HAP 118741 

119380 

HAP 119904 

HAP 119937 

HAP 120809 

Regulation Number 3 

Adopted: October 20, 2011 

m-Cresol 8 

Toluene c 

Chlorobenzene A 

Cyclohexylamine c 

Phenol c 

Thiophenol (Phenyl mercaptan) A 

Furan A 

Hexane c 

Trans 1,4-dichlorobutene 8 

PiR_eridine c 

Diethanolamine A 

Dichloroethyl ether (8is(2- A 

chloroethyl)ether) 

Propoxur (8aygon) A 

Dimefox A 

Chlorendic acid 8 

Endosulfan A 

Fensulfothion A 

Aldicarb(Temik) A 

Chrysazin (Dorbane) 8 

8is(2-ethylhexyl) phthalate (DEHP) A 

(Dioctyl phthalate) 

Hexachlorobenzene A 

lsopropylmethylpyrazolyl c 

dimethylcarbamate (lsolan) 

3,3-Dimethoxybenzidine A 

3,3'-Dimethyl benzidine A 

Catechol A 

Page 71 
HAP 120821 

HAP 121142 

HAP 121448 

HAP 121697 

122145 

HAPs 122601 

HAP 122667 

HAP 123319 

HAP 123386 

123739 

HAP 123911 

126987 

HAP 126998 

HAP 127184 

129066 

HAP 131113 

131522 

HAPs 132274 

HAP 132649 

HAP 133062 

HAP 133904 

140761 

HAP 140885 

141662 

Regulation Number 3 

Adopted: October 20,2011 

1 ,2,4-Trichlorobenzene A 

2,4-Dinitrotoluene A 

Triethylamine A 

N,N-Diethyl aniline {N,N- A 

Dimethylaniline) 

Fenitrothion c 

Phenyl glyceryl ether (3 phenoxy 1 ,2 A 

_pro_panediol) 

1 ,2-Diphenylhydrazine A 

Hydroquinone c 

Propionaldehyde c 

Crotonaldehyde (E) A 

1 ,4-Dioxane (1 ,4-Diethyleneoxide) A 

Methacrylonitrile A 

Chloroprene (2-Chloro-1 ,3-butadiene) A 

Perchloroethylene A 

(Tetrachloroethylene) 

Warfarin sodium A 

Dimethyl phthalate c 

Sodium pentachlorophenate A 

2-Biphenylol sodium salt B 

Dibenzofurans c 

Captan A 

Chloramben (3-amino-2,5-dichloro A 

benzoic acid) 

Pyridine, 2-methyl-5-vinyl c 

Ethyl acrylate A 

Dicrotophos A 

Page 72 
144490 

149746 

HAP 151564 

152169 

HAP 156627 

297789 

297972 

298000 

298022 

298044 

HAP 302012 

HAPs 309002 

315184 

HAP 334883 

3590(38 

371620 

HAP 463581 

465736 

470906 

505602 

509148 

HAP 510156 

HAP 532274 

534076 

HAP 534521 

Regulation Number 3 

Adopted: October 20, 2011 

Fluoracetic acid B 

Dichloromethylphenylsilane c 

Ethylene imine (Aziridine) A 

Diphosphoramide, octameth_yl A 

Calcium ~yanamide A 

lsobenzan c 

Thionazin (0,0-Diethyl-0-(2- c 

pyrazinyl)phosphorothioate) 

Parathion-methyl A 

Phorate A 

Disulfoton A 

Hydrazine A 

Aldrin A 

Mexacarbate c 

Diazomethane A 

Fluoroacetyl chloride c 

Ethylene fluorohydrin c 

Carbonyl sulfide c 

lsodrin A 

Chlorfenvinfos c 

Mustard gas (Dichlorodiethyl sulfide) A 

Tetranitromethane A 

Chlorobenzilate (ethyl-4,4'- B 

dichlorobenzilate) 

2-Chloroacetophenone A 

Bis( chloromethyl)ketone c 

4,6-Dinitro a-cresol, and salts A 

Page 73 
535897 

538078 

HAP 540841 

541537 

HAP 542756 

HAP 542881 

542905 

555771 

556616 

563122 

HAP 584849 

HAP 593602 

HAPs 615532 

HAP 624839 

624920 

625558 

640197 

644644 

675149 

HAP 680319 

HAP 684935 

732116 

786196 

814686 

HAP 822060 

919868 

Regulation Number 3 

Adopted: October 20, 2011 

Crimidine c 

Ethyl bis (2-chloroethyl)amine c 

2,2,4-Trimethylpentane c 

Dithiobiuret c 

1 ,3-Dichloropropene A 

8ischloromethtl ether A 

Ethylthiocyanate c 

Tris(2-chloroethyl)amine c 

Methyl isothiocyanate c 

Ethion A 

2,4-Toluene diisocyanate A 

Vinyl bromide A 

N-nitroso-N-methylurethane c 

Methyl isocyanate A 

Meth_yl disulfide c 

Isopropyl formate c 

Fluoroacetamide c 

Dimetilan c 

Cyanuric fluoride c 

Hexamethyjphosphoramide 8 

N-nitroso-N-methyJurea 8 

Phosmet 8 

Carbophenothion c 

Acrylyl chloride c 

Hexamethylene-1 ,6-diisocyanate A 

Demeton-s-methyl c 

Page 74 
HAPs 924163 

944229 

947024 

950107 

950378 

991424 

HAP 1120714 

1122607 

1314847 

HAP 1319773 

HAP 1330207 

HAP 1332214 

HAP 1336363 

1397940 

HAPs 1402682 

1420071 

1464535 

1563662 

HAP 1582098 

HAP 1634044 

1642542 

HAP 1746016 

1910425 

1982474 

2001958 

2032657 

Regulation Number 3 

Adopted: October 20, 2011 

N-Nitroso-di-n-butylamine 

Fonofos 

Phosfolan 

Mephosfolan 

Methidathion 

Norbormide 

1 ,3-Propane sultone 

Nitro~yclohexane 

Zinc phosphide 

Cresylic acid/Cresols 

Xylene (and mixed isomers) 

Asbestos 

Polychlorinated biphenyls (PCBs) 

(Aroclors) 

Antimycin A 

Aflatoxins 

Dinoterb 

Diepoxybutane 

Carbofuran 

Trifluralin 

MTBE (Methyl tertiary butyl ether) 

Diethylchlorophosphate 

2,3,7,8-TCDD (Dioxin) 

Paraquat 

Chloroxuron 

Valinomycin 

Methiocarb 

A 

A 

c 

A 

A 

c 

B 

c 

A 

A 

c 

A 

A 

c 

A 

c 

B 

A 

A 

c 

B 

A 

A 

c 

c 

c 

Page 75 

i 

I 

I 

I 

I 

I 

t 

f 

I 

t i 

t 

I 

l 
2074502 

HAPs 2475458 

2497076 

2524030 

2540821 

2631370 

2642719 

HAPs 2646175 

2778043 

HAP 3547044 

3689245 

3691358 

3734972 

3735237 

3878191 

4098719 

4170303 

4301502 

4835114 

5836293 

7446119 

HAP 7550450 

HAPs 7644410 

HAP 7647010 

HAP 7664393 

7664417 

Regulation Number 3 

Adopted: October 20,2011 

Paraquat methosulfate A 

Disperse Blue 1 B 

Oxydisulfoton c 

Dimethylphosphorochloridothioate · c 

Formothion c 

Promecarb c 

Ethyl azinphos c 

Cl Solvent Orange 2 B 

Endothion c 

DOE A 

f_DichlorodiQhenyjdichloroethylene) 

Sulfotep A 

Chlorophacinone c 

Amiton oxalate c 

Methyl phenkapton c 

Fuberidazole c 

lsophorone diisocyanate A 

Croton aldehyde A 

Fluenetil c 

Hexamethylenediamine, N, N-dibutyl c 

Coumatetralyl c 

Sulfur trioxide c 

Titanium tetrachloride c 

1 ,4-Dichloro-2-butene A 

Hydrochloric acid (Hydrogen chloride) A 

Hydrogen fluoride (Hydrofluoric acid) A 

Ammonia B 

Page 76 
7664939 

7697372 

HAP 7723140 

7726956 

7782414 

HAP 7782505 

7783064 

7786347 

HAP 7803512 

HAP 8001352 

8065483 

10265926 

10294345 

10311849 

13071799 

13171216 

13194484 

13494809 

16752775 

17702577 

19287457 

20859738 

21548323 

21609905 

21923239 

22224926 

Regulation Number 3 

Adopted: October 20, 2011 

Sulfuric acid 

Nitric acid 

Phosphorous 

Bromine 

Fluorine 

Chlorine 

Hydrogen sulfide 

Mevinphos 

Phosphine 

Toxa(>_hene JCamphechlor) 

Demeton 

Methamidophos 

Boron trichloride 

Dialifor 

Terbufos 

Phosphamidon 

Ethoprophos (Ethoprop) 

Tellurium 

Methomyl 

Formparanate 

Diborane 

Aluminum phosphide 

Fosthietan 

Leptophos 

Chlorthiophos 

Fenaminophos (Fenamiphos) 

B 

A 

A 

A 

c 

A 

A 

A 

A 

A 

A 

A 

c 

c 

A 

c 

c 

A 

B 

c 

A 

A 

c 

c 

c 

A 

Page 77 

I 

l 

1 

! 

I 

! 

I 

i 

! 

I 

~ 

i 

l r 

f 

i 

f 

~ 

I 

! 

f 

I 

t 

! I 

k 

! 

I 

l 

I 

! 

I 
23135220 Oxamyl 8 

23422539 Formotanate hydrochloride c 

23505411 Pirimifos-ethyl c 

24934916 Chlorme_phos c 

28347139 Xyly:lene dichloride c 

28772567 Bromodiolone c 

53558251 Pyriminil c 

HAPs 60153493 3-( N-Nitrosomethylamine) 8 

(Propionitrile) 

HAPs 64091914 Ketone, 3-pyridyi-3-(N-methyi-N- 8 

nitrosoamino) pro_mtl 

HAPs 108171262 Chlorinated paraffins (C12, 60% 8 

chlorine) 

PARTS CONCERNING CONSTRUCTION PERMITS 

I. Applicability 

I.A. The provisions of this Part 8 shall apply statewide. All sources that did not commence 

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

except as specified in Section II. 

II. General Requirements For Construction Permits 

II.A. General Considerations 

II.A.1. Except where specifically authorized by the terms of this Regulation Number 3, no person 

shall commence construction of any stationary source or modification of a stationary 

source without first obtaining or having a valid construction permit from the Division. 

II.A.2. Any permit that has been issued pursuant to a prior regulation of the Commission, with 

respect to a project or the operation thereof, shall continue in full force and effect for the 

purpose for that it was originally issued, unless this current regulation no longer requires 

such permit, in that case the permit can be rescinded upon request of the owner or 

operator of the permitted source. 

II.A.3. Any orders or decisions of the Division shall be final upon issuance, according to Section 

III.F.3. of this Part B. 

II.A.4. Construction permits for criteria pollutants, GHG and hazardous air pollutants shall be 

issued based on the production/process rate requested in the Air Pollutant Emission 

Notice submitted with the permit application or as requested in the application. The 

emission rate associated with the requested production/process rate shall be a permit 

condition. For permits to limit the potential to emit criteria, pollutants, GHG or hazardous 

Regulation Number 3 

Adopted: October 20, 2011 Page 78 
air pollutants the Division may modify the production/process rate, hours of operation or 

other requested permit conditions in order to create state-only or federally and practically 

enforceable permit conditions; provided, however, that the applicant may decline to 

accept such modifications and elect instead to forego limits on its potential to emit or 

pursues any right of appeal or other available alternative. For details regarding permits to 

limit the potential to emit hazardous air pollutants see Regulation Number 8, Part E, 

Section IV. 

ff.A.5. Construction permits are required for hazardous air pollutants if: 

ff.A.5.a. The source is subject to Colorado Maximum Achievable Control Technology or 

Generally Available Control Technology; or 

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

Pollutants; or 

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

Generally Available Control Technology standards; or 

ff.A.5.d. The source is subject to Regulation Number 8, PartE, where the more specific 

requirements of Regulation Number 8, Part E, take precedence over 

requirements in this regulation. 

ff.A.6. Owners or operators of sources that have valid operating permits in accordance with Part 

C of this regulation may construct or modify such source without obtaining a construction 

permit prior to construction or modification, provided the construction or modification 

qualifies for a minor permit modification or for operational flexibility, and the applicable 

provisions as set forth in Sections X., XI., or XII. of Part Care met. In addition, all 

applicable requirements that are related to construction permit approval and that are set 

forth in Sections fff.D.1.a. through fff.D.1.g. of this Part 8 remain in effect. 

II .A 7. A source that is voluntarily applying for a permit to create state-only or federally 

enforceable permit conditions, as appropriate, to.fimit the potential to emit criteria, 

pollutants, GHG or hazardous air pollutants may request to obtain such limits in a 

construction permit. 

II.B. Transfer or Assignment of Ownership 

If transfer or assignment of ownership or operation of an air pollution emission source permitted pursuant 

to this Part 8 is anticipated, the prospective owner or operator shalf apply to the Division on Division 

supplied administrative permit amendment forms for reissuance of the existing permit. Section Iff. of Part 

A of this regulation governs the administrative permit amendment procedures required for transfer or 

assignment of ownership. 

In accordance with the provisions of this section, the permit shalf be reissued upon completion of the 

transfer or assignment if the applicant certifies that no change is contemplated that might constitute a new 

or modified air pollution source. In no event shalf the new owner or operator of a source that was subject 

to the requirements of these regulations prior to the transfer or assignment be relieved of the obligation to 

comply with such requirements by reason of a transfer. Such transfers are subject to all applicable permit 

processing and inspection fees. 

If a company is changing its name only, the owner or operator shalf apply to the Division, on Division 

supplied administrative permit amendment forms, for reissuance of the existing permit. Section Iff. of Part 

A, governs the administrative permit amendment procedures required for identifying a change in name. If 

all other procedures and information as stated in the fast submitted Air Pollutant Emission Notice(s) 

Regulation Number 3 

Adopted: October 20,2011 Page 79 
remains unchanged, only one Air Pollutant Emission Notice need be submitted for each stationary 

source, indicating the name change. 

No administrative permit amendment for transfer or assignment of ownership of a source shall be 

complete until a written agreement containing a specific date for transfer of permit, responsibility, 

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

II.C. Portable Sources 

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

and prominently displayed on each major component of equipment that is a part of that portable source. 

II.D. Exemption from Construction Permit Requirements 

None of the exemptions listed below in Sections li.D.1. through II. D.4. shall apply if a source is subject to 

Part A of Regulation Number 6 (New Source Performance Standards) and/or Regulation Number 8 

(Hazardous Air Pollutants), Parts A,C, D, and E. Permit exemptions taken under this section do not affect 

the applicability of the regulations to the source. 

An applicant may not omit any information regarding APEN or permit exempt emission units in any 

application if such information is needed to determine the applicability of Title V (Part C of this Regulation 

Number 3), Prevention of Significant Deterioration (Section VI. of Part D of this Regulation Number 3), or 

Nonattainment New Source Review (Section V. of Part D of this Regulation Number 3). 

II. 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: 

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

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

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

coating objects with oils, waxes, greases, or natural or synthetic resins containing 

no organic solvents. 

ll.D.1.c. Stationary Internal Combustion Engines that: 

II.D.1.c.(i) Are P.Qower portable drilling rigs; or 

II.D.1.c.(ii) Are emergency power generators that operate no more than two 

hundred and fifty hours per year; or 

II.D.1.c.(iii) Have uncontrolled actual emissions iA7 

II.D.1.c.(iii)(A) Nonattainl"(lent areas of less than five tons per year or 

manufacturer's site-rated horsepower of less than fifty~ 

11.0.1.c.(iii)(B) Attainment or attainment/maintenance areas of less than ten 

tons per year or manufacturer's site rated horsepower of less than one 

hundred . .:. 

II.D.1.d. The collection, transmission, liquid treatment, and solids treatment processes at 

domestic wastewater treatment works, or treatment facilities that treat only 

domestic type wastewater, except for combustion processes. 

Regulation Number 3 

Adopted: October 20, 2011 Page SO 
II.D.1.e. Each individual piece of fuel burning equipment, other than smokehouse 

generators, that uses gaseous fuel, and that has a design rate less than or equal 

to ten million British thermal units per hour. 

II.D.1.f. Gasoline stations located in ozone attainment areas, except for stations located 

in the Denver 1-hour ozone attainmenUmaintenance area. 

II.D.1.g. Surface mining activities that mine seventy thousand tons or fewer of product 

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

Crushers, screens and other processing equipment activities are not included in 

this exemption. 

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

be met. 

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

II.D.1.j. Fires and equipment used for noncommercial cooking of food for human 

consumption and for cooking of food for human consumption at commercial food 

service establishments. 

II.D.1.k. Petroleum industry flares, not associated with refineries, combusting natural gas 

containing no hydrogen sulfide except in trace (less than five hundred parts per 

million weight) amounts, approved by the Colorado Oil and Gas Conservation 

commission and having uncontrolled emissions of any pollutant of less than five 

tons per year. 

11.0.1.1. Crude oil truck loading equipment at exploration and production sites where the 

loading rate does not exceed 10,000 gallons of crude oil per day averaged on an 

annual basis. Condensate truck loading equipment at exploration and production 

sites that splash fill less than 6750 barrels of condensate per year or that 

submerge fill less than 16308 barrels of condensate per year. Crude oil or 

condensate loading truck equipment at crude oil production sites where the 

loading rate does not exceed 10,000 gallons per day averaged over any thirtyday period. 

II.D.1.m. Oil and gas production wastewater impoundments (including produced 

water tanks), containing less than one percent by volume crude oil on an annual 

average, with the exception of --fGf-commercial facilities that accept oil and gas 

production wastewater for processing. 

II.D.1.n. Crude oil storage tanks with a capacity of 40,000 gallons or less. 

11.0.2. Facilities located in a nonattainment area for any criteria pollutant for which the area is 

nonattainment; with total facility uncontrolled actual emissions (potential emissions at 

actual operating hours) that are less than the following amounts: 

II.D.2.a. Two tons per year volatile organic compounds. 

II.D.2.b.One ton per year PM10. 

II.D.2.c. One ton per year PM2.5. 

II.D.2.d. Five tons per year total suspended particulate. 

Regulation Number 3 

Adopted: October 20, 2011 Page 81 
II.D.2.e. Five tons per year carbon monoxide. 

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

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

II.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. 

11.0.3. 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: 

II.D.3.a. Five tons per year volatile organic compounds. 

II.D.3.b. Five tons per year PM10. 

II.D.3.c. Five tons per year PM2.5. 

II.D.3.d. Ten tons per year total suspended particulate. 

II.D.3.e. Ten tons per year carbon monoxide. 

II.D.3.f. Ten tons per year sulfur dioxide. 

II.D.3.g. Ten tons per year nitrogen oxides. 

II.D.3.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. 

11.0.4. Facilities that emit any other criteria pollutant that is not listed in Sections 11.0.2. and 

11.0.3., above (fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced 

sulfur compounds, and municipal waste combustor emissions), with total facility 

uncontrolled actual emissions of such pollutants that are less than two tons per year. 

11.0.5. When a facility that was previously exempt from permit requirements exceeds one of the 

permit de minimis levels stated in Sections 11.0.2. through 11.0.4., above, due to the 

addition of new emission points, the Division will issue either a facility-wide permit for all 

non-grandfathered emission units above Air Pollutant Emission Notice de minimis levels, 

or individual emission permits for those emission units. 

11.0.6. All incinerators require a permit as stated in Regulation Number1, Section 111.8.1. 

11.0.7. Oil and gas exploration and production operations that are addressed under Section 

11.0.1.111. of this Regulation Number 3, Part A, and that are required to obtain a 

construction permit, are not required to file an application for a construction permit until 

they are required to file an Air Pollutant Emission Notice, as set forth in Section 11.0.1.111. 

The application shall include a list of all applicable requirements, and how the 

requirements will be met until a construction permit is issued. 

Regulation Number 3 

Adopted: October 20, 2011 Page82 
II.D.8. Any person may request the Division to add source categories to the permit exemption 

list, in accordance with the procedures set forth in Section II.D.4. of Part A of this 

regulation. 

II.D.9. Sources with a valid operating permit are not required to obtain a construction permit 

prior to commencing construction or modification, as set forth in Section II.A.6. of this 

Part B. 

Ill. Construction Permit Review Procedures 

II I.A. Option for Pre Application Meeting 

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

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

applicant of the applicable permit requirements, including the information, plans, specifications and the 

data required to be furnished with the permit application. 

Ill. B. Application for a Construction Permit 

111.8.1. An application for a Construction Permit shall be prepared on forms currently supplied by 

the Division. 

111.8.2. Applications for Construction Permits, and modifications to Construction Permits, must 

include an Air Pollutant Emission Notice. 

111.8.3. Applications shall be signed by a person legally authorized to act on behalf of the 

applicant. The applicant shall furnish all information and data required by the Division to 

evaluate the permit application and to make its preliminary analysis in accordance with 

Section 111.8.5. of this part. 

111.8.4. An application for a Construction Permit will not be deemed to be complete until all 

information and data required to evaluate the application have been submitted to the 

Division. Within sixty calendar days after the receipt of an application or any 

supplemental information timely requested by the Division, the Division will give notice to 

the applicant if and in what respect the application is incomplete. If the Division fails to 

notify an applicant that the application is incomplete within sixty calendar days of receipt 

of the original application or receipt of the requested supplemental information, the 

application shall be deemed to have been complete as of the day of receipt by the 

Division of the application or the last submitted supplemental information, whichever is 

later. 

111.8.5. Except for applications for sources subject to the requirements of Section VI. of Part D of 

this regulation (Prevention of Significant Deterioration), the Division shall prepare its 

preliminary analysis within sixty calendar days after receipt of a complete permit 

application. The preliminary analysis allows the Division to determine whether the new 

source will, at date of commencement of operation, comply with: 

111.8.5.a. All applicable emission control regulations, 

111.8.5.b. Applicable regulations for the control of hazardous pollutants, 

III.B.5.c. Requirements of the nonattainment and attainment programs (Sections 

Regulation Number 3 

Adopted: October 20,2011 

V. and VI. of Part D), and 

Page83 
III.B.S.d. Any applicable ambient air quality standards and all applicable 

regulations. 

The preliminary analysis shall indicate what impact, if any, the new source will have (as 

of the projected date of commencement of operation) on all areas (attainment, 

attainmenUmaintenance, nonattainment, unclassifiable), within the probable area of 

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. 

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. 

Ill. C. Public Comment and Hearing Requirements 

III.C.1. The following sources, unless exempted in Section III.C.2., below, are subject to public 

comment: 

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

which an ambient air quality standard has been designated, where such 

emissions will be greater than twenty five tons per year if the source is located in 

a nonattainment area, fifty tons per year if the source is located in an attainment 

area, or two hundred pounds per year of lead (for any area of the state). 

III.C.1.b. Sources for which preliminary analysis indicates a possible violation of 

III.C.1.c. 

Commission Regulation Number 2 (odor emissions). 

For hazardous air pollutants if: 

III.C.1.c.(i) The source is subject to Federal National Emission Standards for 

Hazardous Air Pollutants, 

III.C.1.c.(ii) The source is subject to Federal or Colorado Maximum 

Achievable Control Technology or Generally Available Control 

Technology standards, or 

III.C.1.c.(iii) The source is voluntarily applying for permit conditions to limit 

the source's potential to emit hazardous air pollutants. 

III.C.1.d. Sources subject to Sections V. or VI. of Part D of this regulation that are 

attempting to obtain a federally enforceable limit on the potential to emit of the 

source in order to avoid other requirements. 

III.C.1.e. Sources submitting an application for a BART determination or BART 

alternative pursuant to Regulation Number 3, Part F. 

III.C.2. The following sources are generally not required to be subject to public comment, unless 

the Division determines that public comment is warranted pursuant to Section III.C.3. 

below: 

III.C.2.a. Sources of six months duration or less, except that public comment shall 

Regulation Number 3 

Adopted: October 20,2011 

be required for all major sources of hazardous pollutants without regard to the 

duration of the operation of such source unless specifically exempted below. 

Page84 
III.C.2.b. Demolition projects, even if asbestos materials are present, provided that 

all the requirements of Regulation Number 8 are followed for any and all 

materials suspected of containing asbestos. 

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

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

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

Part C. 

III.C.3. Sources for which a permit is required, but for which public comment is not required by 

Sections III.C.1., III.C.2.a., or III.C.2.b., above, are exempt from public comment 

requirements unless the Division determines that public comment is warranted. In 

making such determinations, the Division shall take into consideration the duration of the 

operation, its location, the nature and projected amount of emissions, anticipated public 

concern, and other relevant factors. 

III.C.4. When public comment is required by Section III.C.1., or when the Division determines, 

pursuant to Section III.C.3., that an application warrants public comment, the Division 

shall, within fifteen calendar days after the preparation of the preliminary analysis, cause 

public notice of the application to be published in a newspaper of general distribution in 

the area in which the proposed project or activity is or will be located, and by such other 

means necessary to assure notice to the affected public, that may include posting of such 

notice on the publicly accessible portion of the Division's web site, and cause a copy of 

the application, the preliminary analysis and the draft permit to be filed with the county 

clerk for each county in which the source is, or will be located. The Division shall send 

written or electronic notice to persons requesting notice of permit applications for the type 

of source or geographic area. For sources applying for a permit to limit the potential to 

emit criteria pollutants or federal hazardous air pollutants, the Division shall send a copy 

of the public notice and the draft permit to the U.S. EPA Administrator for comment. The 

Division shall also send a copy of the final permit approval to the U.S. EPA Administrator 

for comment. The newspaper notice and the Division's web site notice shall contain all of 

the following information in Sections III.C.4.a. through III.C.4.e., below: 

III.C.4.a. The location and nature of the proposed project or activity for which a 

construction permit application has been filed. 

III.C.4.b. The locations where the application and preliminary analysis are 

available for public inspection. 

III.C.4.c. That comments concerning the ability of the proposed project or activity 

to comply with the applicable standards and regulations of the Commission are 

solicited from any interested person. 

III.C.4.d. That the Division will receive and consider public comments for thirty 

calendar days after such publication. 

III.C.4.e. The Division's preliminary determination of approval, conditional 

approval, or disapproval of the application. 

III.D. Construction Permit Review Requirements 

III.D.1. Requirements applicable to all construction permit applications (except that processing 

timeframes of combined construction/operating applications shall be as set forth in Part 

C, Section IV., of this Regulation Number 3). Within thirty calendar days following the 

completion of the Division's preliminary analysis for applications not subject to the public 

Regulation Number 3 

Adopted: October 20, 2011 Page 85 
comment, within thirty calendar days following the period for 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: 

III.D.1.a. The proposed source or activity will meet all applicable emission control 

regulations and regulations for the control of hazardous air pollutants; 

III.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 of this regulation, if 

any; 

III.D.1.c. The proposed source or activity will not cause an exceedance of any 

National Ambient Air Quality Standards; 

III.D.1.d. The source or activity will meet any applicable ambient air quality 

standards and all applicable regulations; 

III.D.1.e. As applicable, the proposed source or modification will meet the 

requirements of the prevention of significant deterioration program of Section VI. 

of Part D of this regulation. 

[Provided however, that the Division shall not deny a permit for failure of the proposed 

source to meet any applicable requirement of the state implementation plan where (1) 

there is pending an application for a revision to the state implementation plan pursuant to 

Colorado Revised Statute, Section 25-7-305 (Alternative Emission Reduction) that, if 

adopted, would require the Division to grant the permit and (2) the applicant waives the 

time constraints on the Division to act on its application until the Commission has issued 

its final decision on the request for a state implementation plan revision and the U.S. EPA 

has acted on the proposed revision to the state implementation plan. In such 

circumstances, the Division shall delay its decision on the permit application until after 

final action on the request for revision of the state implementation plan (including action 

by the U.S. EPA)]; 

III.D.1.f. The fees required in Section VI. of Part A of this regulation have been paid; 

III.D.1.g. Permit approval shall not relieve any owner or operator of the 

responsibility to comply fully with applicable provisions of the state 

implementation plan and any other requirements under local, state, or federal 

law. 

III.D.2. RACT Requirements for new or modified Minor Sources (including new or modified minor 

emissions units at major stationary sources) of volatile organic compounds, carbon 

monoxide, nitrogen oxides, sulfur dioxide, and PM1 0 in nonattainment and 

attainment/maintenance areas: 

III.D.2.a. Minor sources in designated nonattainment or attainment/maintenance 

areas that are otherwise not exempt pursuant to Section II.D. of this Part, shall 

apply Reasonably Available Control Technology for the pollutants for which the 

area is nonattainment or attainment/maintenance. 

III.D.2.b. In the Denver Metropolitan PM1 0 attainment/maintenance area, for any 

Regulation Number 3 

Adopted: October 20, 2011 

new minor source with a potential to emit forty tons per year or more of nitrogen 

oxides or sulfur dioxide, or a modification of an existing minor source with a net 

Page 86 
emissions increase of forty tons per year or more of nitrogen oxides or sulfur 

dioxide, the source will install Reasonably Available Control Technology. 

Ill. E. Permit Terms and Conditions 

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

proposed project or activity to qualify for the permit. 

Ill. F. Denial or Revocation of the Construction Permit 

III.F.1. If the Division determines that a source cannot comply with the provisions of Part B, 

Section Ill. D., of this regulation, the Division shall issue its written denial of the permit 

application stating the reasons for such denial. Any Division denial of a permit shall 

become final upon mailing of the denial notice to the applicant by certified mail. The 

applicant may appeal the Division's final denial of a permit as provided in Section III.F.3., 

below. 

III.F.2. Any applicant for a construction permit shall advise the Division in writing of any refusal to 

accept any permit condition imposed by the Division within twenty calendar days after 

receipt of the permit. Such refusal shall be deemed a denial of the permit application. 

III.F.3. If the Division denies a permit, imposes conditions upon a permit that are contested by 

the applicant, revokes a permit, or requires a permit from a source that may qualify for an 

exemption, the applicant or owner or operator of a source may request a hearing before 

the Commission for review of the Division's action. The request for a hearing must be 

filed with the Commission within thirty days after the issuance of the permit, denial or 

revocation. The hearing shall be heard in accordance with the provisions of Section 

1.6.0. of the Commission's procedural rules, Colorado Revised Statute Sections 25-7-

114.5(8), and 25-7-119, (Colorado Air Pollution Prevention and Control Act) and Section 

24-4-105, (State Administrative Procedure Act). 

III.F.4. Initial Approval Expiration 

III.F.4.a. An initially approved permit shall expire if the owner or operator of the 

source for which the permit was issued: (i) does not commence construction or 

operation of the source within eighteen months after either the date of issuance 

of the permit or the date on which such construction or activity was scheduled to 

commence as set forth in the permit, whichever is later; (ii) discontinues 

construction for a period of eighteen months or more; or (iii) does not complete 

construction within a reasonable time of the estimated completion date. 

III.F.4.b. Upon a showing of good cause by the permittee, the Division may grant 

extensions of the permit not to exceed eighteen months per extension. 

Construction or operation shall commence or be resumed within a reasonable 

period of time from the granting of the extension. In determining what constitutes 

good cause or a reasonable period of time, the Division shall consider the degree 

of construction already completed, the amount invested or legally committed to 

the project, whether an extension would prevent (e.g., through reservation of a 

Prevention Significant Deterioration 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. 

Ill. G. Final Permit Approval 

Regulation Number 3 

Adopted: October 20, 2011 Page 87 
III.G.1. Unless prior and mutually acceptable arrangements have been made, the applicant shall 

not commence the operation of a stationary source for which a construction permit has 

been issued or reinstated without giving give notice to the Division, within ~fifteen 

calendar days (fifteen calendar days for portable sources) priorafter-te-_the date on which 

commencement of operation wi-ll-take.§ place. 

III.G.2. Within 180 calendar days after commencement of operation, the source shall 

demonstrate to the Division compliance with the terms and conditions of the initial 

approval construction permit. The Division may inspect the source to determine whether 

or not the operating· terms and conditions of the initial approval construction permit have 

been satisfied. At the end of 180 days, the Division must revoke the construction permit; 

or, continue the construction permit if applicable; or, notify the owner or operator that the 

source has demonstrated compliance with the construction permit. 

III.G.3. Before final approval of the permit is granted, the Division may require the applicant to 

conduct and pay for performance tests in accordance with methods approved by the 

Division. A test protocol shall be submitted to the Division for review and approval at 

least thirty days prior to testing. The Division may monitor such tests and may, at its 

expense, conduct its own performance tests. 

III.G.4. For sources that submit an application for an operating permit pursuant to Part C of this 

Regulation Number 3, including any application for a permit modification or permit 

renewal, prior to issuance of a final approval construction permit, upon demonstration by 

the source of compliance with all terms and conditions of the construction permit or a 

satisfactory final approval inspection, as required pursuant to this Section III.G., the 

Division may elect to either issue a final approval construction permit or allow the initial 

approval construction permit to continue in full force and effect. The Division shall 

provide written notice to the permittee of its election. 

III.G.5. If the Division determines that the terms and conditions of the permit have been satisfied, 

the Division shall issue in writing its final permit approval to the applicant, 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. 

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

of duration of one month or less. 

III.G.7. Prior to issuance of final approval, the applicant shall furnish: 

III.G.7.a. An operating and maintenance plan for all control equipment and control 

practices; and 

III.G.7.b. A proposed record keeping format for demonstrating compliance on an 

ongoing basis. 

Ill. H. Permit Cancellation 

Whenever an owner or operator wishes to cancel a permit, the owner or operator shall notify the Division, 

using forms provided by the Division. 

111.1. General Construction Permits 

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

to a source that would otherwise be required to obtain a construction permit pursuant to 

this Part B. Any general construction permit shall comply with all applicable 

Regulation Number 3 

Adopted: October 20, 2011 Page 88 
requirements, including notice and opportunity for public participation where warranted 

for such sources. The Division may issue a general construction permit in accordance 

with one or more of the following considerations: 

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

111.1.1.b. The design characteristics of the sources; 

111.1.1.c. The operational variability of the sources; 

111.1.1.d. The location of the sources. 

111.1.2. A source shall not perform any of the following without first obtaining a valid general 

construction permit from the Division pursuant to this provision, or a valid construction 

permit as otherwise required pursuant to Section Ill. of this Part B: 

111.1.2.a. Commence construction or modify any building, facility, structure, or installation; 

111.1.2.b. Install any machine, equipment, or other device; 

111.1.2.c. Commence the conduct of any such activity; 

111.1.2.d. Commence performance of any combinations thereof; or 

111.1.2.e. Commence operations of any of the same that will or do constitute a new 

stationary source. 

111.1.3. Administration 

111.1.3.a. General construction permits may be issued, modified, revoked and reissued, or 

terminated in accordance with the provisions of this regulation. 

111.1.3.b. Sources shall submit applications to be covered under the general construction 

permit on forms provided by the Division. 

111.1.3.c. Individual Permit Requirements 

Regulation Number 3 

Adopted: October 20, 2011 

111.1.3.c.(i) The Division may require any source authorized by a general 

construction permit to apply for and obtain an individual permit. Cases 

where an individual permit may be required include, 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 pollutants 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. 

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

request to be excluded from the coverage of the general construction 

permit by applying for an individual permit, as provided for under this 

regulation, Parts A and B. 

Page 89 
111.1.3.c.(iii) When the Division issues an individual permit to a source 

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

general construction permit to the individual permittee is automatically 

terminated on the effective date of the individual permit. 

111.1.3.c.(iv) A source excluded from a general construction permit solely 

because it already has an individual permit may request that the 

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

construction permit. Upon revocation of the individual permit, the 

general construction permit shall apply to the source. 

111.1.3.c.(v) In determining whether an individual permit is required, the 

Division may consider the compliance history and current compliance 

status of the source. 

111.1.4. The Division shall review the application and certify or deny the request based on criteria 

specified in the general construction permit established by the Division for that type of 

source. 

111.1.5. General construction permits shall include conditions necessary to ensure the sources 

will meet all applicable requirements. 

111.1.6. General construction permits issued by the Division may include the following 

requirements, as appropriate and as specified in each permit: 

111.1.6.a. An operating and maintenance plan for all control equipment and control 

practices; 

111.1.6.b. A record keeping format for demonstrating compliance; 

111.1.6.c. Monitoring methods to assure compliance; and 

111.1.6.d. Alternative operating scenarios that include specific monitoring, record keeping, 

and reporting methods that will assure compliance with the permit conditions. 

111.1.7. All general construction permits shall undergo statewide public notice. If a source wants 

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

period specified in the public notice. 

PARTC CONCERNING OPERATING PERMITS 

I. Applicability 

The provisions of this Regulation Number 3, Part C shall apply statewide to all sources of air pollutants 

that are required to obtain an operating permit as specified in Section II. The provisions of this Part C 

shall also apply, except as otherwise provided herein, to those minor sources of air pollutants that 

voluntarily choose to obtain an operating permit. 

I.A. DEFINITIONS 

I.A.1. Affected Source 

(acid deposition program) A source of air pollutants that includes one or more fossil fuel fired 

combustion devices subject to emission reduction requirements or limitations under Title IV of the 

Federal Act, Code of Federal Regulations Title 40, Part 72, or under the state Act. 

Regulation Number 3 

Adopted: October 20, 2011 Page 90 
I.A.2. Minor Permit Modification 

Any revisions to an operating permit issued by the Division that meets the criteria of Sections X. 

or XI. of this Part C. 

I.A.3. Permit Modification 

Any revision to an operating permit issued by the Division that cannot be accomplished under the 

administrative permit amendment procedures set forth in Section Ill. of Part A of this regulation, 

or the minor permit modification procedures set forth in Sections X. or XI. of this Part C. A permit 

modification for purposes of the acid rain portion of a permit shall be governed by regulations 

promulgated under Title IV of the Federal Act, found at Code of Federal Regulations, Title 40, 

Part 72. 

I.A.4. Permit Shield 

Where a source operates in compliance with all operating permit terms and conditions, the source 

shall be deemed in compliance with the state and Federal Acts where the permit includes all 

applicable requirements of such acts, specifically states that other identified provisions are not 

applicable, and states that the permit shield applies. The permit shield does not apply to terms 

and conditions that become applicable to the source subsequent to permit issuance. The permit 

shield shall not alter or affect the provisions of Colorado Revised Statutes Sections 25-7-112 or 

25-7-113, Section 303 of the Federal Act, the applicable requirements of the acid rain program, 

consistent with Section 408(a) of the Federal Act, or the ability of the Administrator to obtain 

information from a source pursuant to Section 114 of the Federal Act; nor shall the permit shield 

affect the liability of an owner or operator of a source for any violation of applicable requirements 

prior to or at the time of permit issuance. 

I.A.5. Renewal of an Operating Permit 

The process by which a permit is reissued at the end of its term. 

I.A.6. Section 502(b)(10) Changes 

Changes that contravene an express permit term. Such changes do not violate applicable 

requirements or contravene federally enforceable permit terms and conditions that are monitoring 

(including test methods), record keeping, reporting, or compliance certification requirements. 

I.A.7. Significant Permit Modification 

All operating permit modifications that do not qualify as minor permit modifications or as 

administrative permit amendments. At a minimum, a significant permit modification shall include: 

I.A.7.a. Any change that causes a significant increase in the rate of emissions as 

described by any permit term or condition; 

I.A.7.b. Any change that is considered a modification under Title I of the Federal Act; 

I.A.7.c. Any change that requires or changes a case-by-case determination of an 

emission limitation or other standard; 

I.A.7.d. Any change that requires or changes a source specific determination for 

temporary sources of ambient impacts; 

I.A.7.e. Any change that requires or changes a visibility or increment analysis; 

Regulation Number 3 

Adopted: October 20, 2011 Page91 
I.A.7.f. Every significant change in existing monitoring permit terms or conditions; and 

I.A.7.g. Every relaxation of reporting or record keeping permit terms or conditions. 

I.A.7.h. Every change that seeks to establish or change a permit term or condition for 

which there is no corresponding underlying applicable requirement and that the 

source has assumed to avoid an applicable requirement to which the source 

would otherwise be subject. Such terms and conditions include: 

I.A.7.h.(i) A federally enforceable emissions cap assumed to avoid 

classification as a modification under any provision of Title I of the 

Federal Act; and 

I.A.7.h.(ii) An alternative emissions limit approved pursuant to regulations 

promulgated under Section 112(i)(5) of the Federal Act 

I.A. 7.i. The establishment of a Plant-wide Applicability Limitation (PAL) in accordance 

with Section XVII. of Part D of this regulation. 

4!.A.7.j. All significant permit modifications shall be processed using the procedures set 

forth in Part C of Regulation Number 3 for combined Construction\Operating 

Permit issuance. Such source may choose to obtain a construction permit 

pursuant to Part B and shall subsequently meet the operating permit 

requirements of Part C. 

II. General Requirements for Operating Permits 

II.A. General Considerations 

II.A.1. Except where specifically authorized by the terms of this Regulation Number 3, Part C, 

no person shall operate any of the following sources without first obtaining an operating 

permit in accordance with the provisions of this regulation. 

II.A.1.a. Any affected source; 

II.A.1.b. Any major source; with the exception of those sources that would be major based 

only on total suspended particulates emissions 

II.A.1.c. Any source required to have a permit pursuant to the prevention of significant 

deterioration program of Part C, Title I, of the Federal Act; 

II.A.1.d. Any source required to have a permit pursuant to the program for the attainment 

and maintenance of national ambient air quality standards or Part D of Title I of 

the Federal Act; and 

II.A.1.e. Any solid waste incineration unit that is a distinct operating unit of any facility that 

combusts any solid waste material from commercial or industrial establishments 

or the general public (including single residences, hotels, and motels). Such 

term does not include: (1) incinerators or other units required to have a permit 

under United States Code Title, 42, Section 6925 of the Solid Waste Disposal 

Act; (2) materials recovery facilities (including primary or secondary smelters) 

which combust waste for the primary purpose of recovering metals; (3) qualifying 

small power production facilities, as defined in United States Code Title 16, 

Section 769(17){C), or qualifying cogeneration facilities, as defined in United 

States Code Title 16, Section 796(18)(8), of the Federal Power Act, that burn 

Regulation Number 3 

Adopted: October 20,2011 Page92 
homogenous waste for the production of electric energy or in the case of 

qualifying cogeneration facilities that burn homogeneous waste for the production 

of electric energy and steam or forms of useful energy (such as heat) that are 

used for industrial, commercial, heating, or cooling purposes; or (4) air curtain 

incinerators provided that such incinerators only burn wood wastes, yard wastes 

and clean lumber and that such air curtain incinerators comply with any 

applicable opacity limitations. Operating permits for solid waste incineration units 

shall be obtained within thirty-six months of promulgation of a new source 

performance standard applicable to such units, or by November 15, 1994, 

whichever is later. 

II.A.1.f. Any source designated by the Administrator and the Commission as requiring an 

operating permit. 

II.A.1.g. A source is not required to obtain an operating permit solely because it is subject 

to regulation or requirements pursuant to Section 112(r) of the Federal Act. 

II.A.2. Any construction permit that has been issued pursuant to Regulation Number 3, Part B, 

with respect to a source that is subject to the operating permit requirements of this Part 

C, shall continue in full force and effect until such time as the operating permit is issued 

for such source, if the source has filed a timely and complete operating permit 

application. If a complete operating permit application has been timely filed with the 

Division by the source in accordance with the provisions of Section Ill., below, the source 

will not be subject to an enforcement action for operating the source without an operating 

permit. No source subject to an operating permit may operate after the time it is required 

to file a timely and complete application except in compliance with a previously issued 

operating permit and as set forth in Section II.B., below. A previously issued construction 

permit shall not constitute a defense for operating a source in violation of the requirement 

to have an operating permit. . 

II.A.3. Any orders or decisions of the Division shall be final upon issuance. 

II.B. Application Shield 

A timely and complete application for an operating permit under the provisions of this Part C shall operate 

as a defense to an enforcement action for the source's failure to have an operating permit until the 

Division or the Commission makes a final determination on the permit application. This defense to an 

enforcement action shall not apply if, subsequent to the completeness determination required by Section 

IV.B.1. of this Part C, the applicant fails to submit by the deadline specified in writing by the Division any 

additional information identified as necessary to process the application, or to otherwise supplement its 

application in accordance with the provisions of Sections IV.B.3. and IV.B.4. of this Part C. This defense 

to an enforcement action shall not be available to an applicant that files a fraudulent application. Permit 

expiration terminates the source's right to operate unless a timely and complete renewal application has 

been submitted to the Division. 

II. C. Transfer or assignment of ownership 

If transfer or assignment of ownership or operation of an air pollution emission source permitted pursuant 

to the operating permit requirements of this Part C of Regulation Number 3 is anticipated, the prospective 

owner or operator shall apply to the Division, on Division supplied administrative permit amendment 

forms, for reissuance of the existing permit. Part A, Section Ill. governs the administrative permit 

amendment procedures required for transfer or assignment of ownership of a source subject to the 

operating permit requirements. No administrative permit amendment shall be complete until a written 

agreement containing a specific date for transfer of permit, responsibility, coverage, and liability between 

the current and new permittee has been submitted to the Division. 

Regulation Number 3 

Adopted: October 20, 2011 Page93 
II.D. Portable Sources 

A portable source that conducts the same or similar type activity at multiple temporary locations 

throughout the state may be issued a single operating permit under this Part C, provided that the 

operation involves at least one change in location of the source during the five year permit term. Portable 

sources must notify the Division at least ten days in advance of each change in location. The owner or 

operator of a portable source must demonstrate that all applicable requirements will be met at all 

locations at which the source will operate before an operating permit authorizing operations at the 

multiple locations will be issued. Sources subject to the acid rain provisions of Title IV of the Federal Act 

shall not constitute portable sources. 

II. E. Insignificant Activities and Exemptions from Operating Permit Requirements 

Sources that are otherwise required to obtain an operating permit are not required to include insignificant 

activities from the following list in their operating permit applications, except as otherwise provided below. 

None of the exemptions listed below, including emission de minimis levels, shall apply if by taking such 

exemption a source would avoid any specific federal or state applicable requirement, including, but not 

limited to, New Source Performance Standards, Regulation Number 7, Prevention of Significant 

Deterioration (Section VI., Part D of this Regulation Number 3), nonattainment New Source Review 

requirements (Section V. Part D of this Regulation Number 3), Title Ill, National Emission Standards for 

Hazardous Air Pollutants, Title V, and Colorado Maximum Achievable Control Technology or Generally 

Available Control Technology. (If the potential to emit, taking into account full design rate and continuous 

operation, triggers Prevention of Significant Deterioration or New Source Review requirements, the 

source must submit an Air Pollutant Emission Notice and apply for the appropriate permit, or must apply 

for a permit to limit ~he physical or operational capacity of the source such that the source is not 

considered to be a major source as defined in Section 1.8.25. of Part A of this regulation.). 

Sources otherwise required to obtain an operating permit are required to include a list of insignificant 

activities in their permit applications if the insignificant activities are listed in Sections II.E.1. and II.E.2., or 

marked with an asterisk in Section II.E.3. The asterisk denotes an insignificant activity source category 

based on the size of the activity, emissions levels from the activity or the production rate of the activity. 

The owner or operator of individual emission points marked with an asterisk in Section II.E.3., below, 

must maintain sufficient record keeping verifying that the exemption applies. Such records shall be made 

available for Division review upon request. 

The following sources are exempt from the requirement to obtain an operating permit pursuant to this Part 

C: 

II.E.1. Sources subject to regulation or requirements pertaining to standards of performance for 

new residential wood heaters pursuant to Regulation Number 6; or 

II.E.2. Sources subject to regulation or requirements pertaining to national emissions standards 

for hazardous air pollutants for asbestos in the course of demolition and renovation 

pursuant to Regulation Number 8. 

II.E.3. Certain categories of sources and activities which are considered to be insignificant 

contributors to air pollution as listed below. A source solely comprised of one or more of 

these activities are not required to obtain an operating permit pursuant to this regulation, 

unless the source's emissions trigger the major source threshold as defined in Section 

1.8.25. of Part A of this Regulation Number 3 (definition of major source): 

II.E.3.a. *Individual emission points in nonattainment areas having uncontrolled actual 

emissions of any criteria pollutant (as defined in Section 1.8.17. of Part A of this 

Regulation Number 3) of less than one ton per year, and individual emission 

Regulation Number 3 

Adopted: October 20, 2011 Page94 
points in attainment or attainment/maintenance areas having uncontrolled actual 

emissions of any criteria pollutant of less than two tons per year, and each 

individual emission point with uncontrolled actual emissions of lead less than one 

hundred pounds per year, regardless of where the source is located. 

II.E.3.b.lndividual emission points of non criteria reportable pollutants having 

uncontrolled actual emissions less than the de minimis levels as determined 

following the procedures set forth in Appendix A. 

II.E.3.c. Air conditioning or ventilating systems not designed to remove air pollutants 

generated by or released from other processes or equipment. 

II.E.3.d. Fireplaces used for recreational purposes, inside or outside. 

II.E.3.e. Fires and equipment used for noncommercial cooking of food for human 

consumption, or cooking of food for human consumption at commercial food 

service establishments, except for char broilers and wood fired equipment (but 

not including campfires) in PM10 nonattainment areas. Charbroiler shall mean a 

cooking device in a commercial food service establishment, either gas fired or 

using charcoal or other fuel, upon which grease drips down upon an open flame, 

charcoal or embers. 

II.E.3.f. Flares used to indicate danger to the public. 

II.E.3.g. Agriculture operations such as farming, cultivating and harvesting, seasonal crop 

drying, grain handling operations that are below New Source Performance 

Standards de minimis levels (including milling and grain elevator operations), and 

animal feeding operations that are not housed commercial swine feeding facilities 

as defined in Regulation Number 2, Part B. This exemption does not apply to an 

agricultural operation that: ( 1) is a major source (Regulation Number 3, Part A, 

Section 1.8.25.); (2) meets or exceeds the storage capacity thresholds of a 

federal New Source Performance Standards (Regulation Number 6, Part A); or 

(3) participates in the early reduction program of the Federal Act, Section 112. 

Ancillary operations such as fueling stations located at farms or ranches are not 

exempt from Air Pollutant Emission Notice and permit requirements unless 

otherwise below the de minimis emission levels contained in this regulation, and 

are not exempt from other applicable regulations promulgated by the 

Commission. 

II.E.3.h. Emissions from, or construction, or alteration of residential structures, including 

all buildings or other structures used primarily as a place of residence, and 

including home heating devices. 

II.E.3.i. Research laboratories 

Regulation Number 3 

Adopted: October 20, 2011 

II.E.3.i.(i) Noncommercial (in house) experimental and analytical laboratory 

equipment that is bench scale in nature including quality control/quality 

assurance laboratories, process support laboratories, environmental 

laboratories supporting a manufacturing or industrial facility, and 

research and development laboratories. 

II.E.3.i.(ii) *Research and development activities that are of a small pilot 

scale and that process less than ten thousand pounds of test material 

per year; 

Page 95 

I 

i 

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I 

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t 
II.E.3.i.(iii) *Small pilot scale research and development projects less than 

six months in duration with controlled actual emissions less than five 

hundred pounds of any criteria pollutant or ten pounds of any non criteria 

reportable pollutant. 

II.E.3.j. *Disturbance of surface areas for purposes of land development, that do not 

exceed twenty-five contiguous acres and that do not exceed six months in 

duration. (This does not include mining operations or disturbance of 

contaminated soil). 

II.E.3.k. *Each individual piece of fuel burning equipment, other than smokehouse 

generators and internal combustion engines, that uses gaseous fuel, and that 

has a design rate less than or equal to five million British thermal units per hour. 

(See definition of fuel burning equipment in the Common Provisions Regulation). 

II.E.3.1. Internal combustion engines powering portable drilling rigs. 

II.E.3.m. *Petroleum industry flares, not associated with refineries, combusting 

natural gas containing no hydrogen sulfide except in trace amounts (less than 

five hundred parts per million weight), approved by the Colorado Oil and Gas 

Conservation Commission and having uncontrolled emissions of any pollutant of 

less than five tons per year. 

II.E.3.n. *Chemical storage tanks or containers that hold less than five hundred gallons, 

that have an annual average throughput less than twenty-five gallons per day, 

and are not associated with either oil and gas production wastewater or 

commercial facilities that accept oil production wastewater for processing. 

II.E.3.o. Unpaved public and private roadways, except for haul roads located within a 

stationary source site boundary. 

II.E.3.p. Sanding of streets and roads to abate traffic hazards caused by ice and snow. 

II.E.3.q. Open burning activities, except that all reporting and permitting requirements that 

apply to such operations must be followed (see Regulation Number 9). 

II.E.3.r. Brazing, soldering, or welding operations that use lead based compounds. All 

welding that occurs strictly for maintenance purposes is exempt. 

II.E.3.s. Street and parking lot striping. 

II.E.3.t. Battery recharging areas. 

II.E.3.u. Aerosol can usage. 

II.E.3.v. Sawing operations that are ancillary to facility operations and are not part of the 

production process. 

II.E.3.w. The process of demolition andre-bricking of furnaces and kilns. This 

does not include subsequent operation of such furnaces or kilns. 

II.E.3.x. Road and lot paving operations at commercial and industrial facilities, except that 

asphalt and cement batch plants require Air Pollutant Emission Notices and 

permits, unless exempt under some other section. 

Regulation Number 3 

Adopted: October 20, 2011 Page 96 
II.E.3.y. Adhesive use that is not related to production. 

II.E.3.z. _Fire training activities. 

II.E.3.aa._--Caulking operations that are not part of a production process. 

II.E.3.bb_.--*Landscaping and site housekeeping devices equal to or less than ten 

horsepower in size (lawnmowers, trimmers, snow blowers, etc.). 

II.E.3.cc._--Fugitive emissions from landscaping activities (e.g., weeding, sweeping). 

II.E.3.dd._--Landscaping use of pesticides, fumigants, and herbicides. 

II.E.3.ee._--*Crude oil loading truck equipment at exploration and production sites 

where the loading rate does not exceed 10,000 gallons of crude oil per day 

averaged on an annual basis. Condensate truck loading equipment at 

exploration and production sites that splash fill less than 6750 barrels of 

condensate per year or that submerge fill less than 16308 barrels of condensate 

per year. 

II.E.3.ff. Emergency events such as accidental fires. 

II.E.3.gg._--Smoking rooms and areas. 

II.E.3.hh._--Piastic pipe welding. 

II.E.3.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or 

residential housekeeping purposes. 

II.E.3.jj. Beauty salons. 

II.E.3.kk._--Operations involving acetylene, butane, propane and other flame cutting 

torches. 

II.E.3.11. Pharmacies. 

II.E.3.mm._--*Chemical storage areas where chemicals are stored in closed 

containers, and where total storage capacity does not exceed five thousand 

gallons. This exemption applies solely to storage of such chemicals. This 

exemption does not apply to transfer of chemicals from, to, or between such 

containers. 

II.E.3.nn._--Architectural painting, roof coating material and associated surface 

preparation (except for sandblasting and except for volatile organic compound 

emissions, associated with surface preparation, above Air Pollutant Emission 

Notice de minimis levels) for maintenance purposes at industrial or commercial 

facilities. 

II.E.3.oo._--Emissions of air pollutants that are not criteria or non-criteria reportable 

pollutants (see Sections 1.8.17. and 1.8.30. of Part A of this regulation). These 

emissions include methane, ethane and carbon dioxide. 

II.E.3.pp._-Janitorial activities and products. 

II.E.3.qq._--Grounds keeping activities and products. 

Regulation Number 3 

Adopted: October 20, 2011 Page97 
II.E.3.rr.Sources of odorous emissions that do not utilize emission control equipment for 

control of odorous emissions. This exemption applies to the odor emissions only. 

All other emissions are subject to other exemptions set forth in this regulation. 

This exemption does not exempt any source from the requirements of Regulation 

Number 2. 

II.E.3.ss._--Truck and car wash units. 

II.E.3.tt. Office emissions, including cleaning, copying, and restrooms. 

II.E.3.uu._--*Oil production wastewater (produced water tanks), containing less than 

one percent by volume annual average crude oil, except for commercial facilities 

that accept oil production wastewater for processing. 

II.E.3.vv._--Eiectrically operated curing ovens, drying ovens and similar activities, 

articles, equipment, or appurtenances. This exemption applies to the ovens only, 

and not to the items being dried in the ovens. 

II.E.3.ww._--Equipment used exclusively for portable steam cleaning. 

II.E.3.xx._--Biast-cleaning equipment using a suspension of abrasive in water and 

any exhaust system or collector serving them exclusively. 

II.E.3.yy._--Commerciallaundries (except dry cleaners) that do not burn liquid or 

solid fuel. 

II.E.3.zz._--Storage of butane, propane, or liquefied petroleum gas in a vessel with a 

capacity of less than sixty thousand gallons, provided the requirements of 

Regulation Number 7, Section IV. are met, where applicable. 

II.E.3.aaa._--Storage tanks of capacity less than forty thousand gallons of lubricating 

oils or waste lubricating oils. 

II.E.3.bbb._--*Venting of compressed natural gas, butane or propane gas cylinders, 

with a capacity of one gallon or less. 

II.E.3.ccc._--*Fuel storage and dispensing equipment in ozone attainment areas 

operated solely for company-owned vehicles where the daily fuel throughput is 

no more than four hundred gallons per day, averaged annually. Sources in an 

ozone attainmenUmaintenance area must utilize Stage 1 vapor recovery on all 

tanks greater than five hundred and fifty gallons capacity, as required by 

Regulation Number 7, in order to take this exemption. 

II.E.3.ddd._--*Crude oil storage tanks with a capacity of 40,000 gallons or less. 

II.E.3.eee._--lndirect sources are exempt until a (permit) regulation specific to indirect 

sources is promulgated by the Commission. 

II.E.3.fff._---*Storage tanks meeting all of the following criteria: 

Regulation Number 3 

Adopted: October 20,2011 

II.E.3.fff.(i) 

and 

II.E.3.fff.(ii) 

Annual throughput is less than four hundred thousand gallons; 

The liquid stored is one of the following: 

Page98 
II.E.3.fff.(ii)(A) Diesel fuels 1-D, 2-D, or 4-6; 

II.E.3.fff.(ii)(B) Fuel oils #1 - #6; 

II.E.3.fff.(ii)(C) As turbine fuels 1 - GT through 4- GT; 

II.E.3.fff.(ii)(D) An oil/water mixture with a vapor pressure less than or 

equal to that of diesel fuel (Reid vapor pressure of .025 psia). 

II.E.3.ggg._--Each individual piece of fuel burning equipment that uses gaseous fuel, 

and that has a design rate less than or equal to ten million British thermal units 

per hour, and that is used solely for heating buildings for personal comfort. 

II.E.3.hhh._--Natural gas vehicle fleet fueling facilities. 

II.E.3.iii. Electric motors driving equipment at non-commercial machining shops. 

II.E.3.jjj.Recreational swimming pools. 

II.E.3.kkk._--Forklifts. 

II.E.3.111. Handling equipment and associated activities for glass that is destined for 

recycling. 

II.E.3.mmm._-Containers, reservoirs, or tanks used exclusively for dipping operations, 

that contain no organic solvents, for coating objects with oils, waxes, greases, or 

natural or synthetic resins. 

II.E.3.nnn._--Stationarv Internal Combustion Engines that: 

II. E.3.nnn.(i) Are power portable drilling rigs: or 

II. E.3.nnn.(ii) Are emergency power generators that operate no more than two 

hundred fifty hours per year; or 

II. E.3.nnn.(iii) Have uncontrolled actual emissions less than five tons per year 

or manufacturer's site-rated horsepower of less than fifty 

Emergency power generators that: 

II.E.3.nnn.(i) Have a rated horsepmver of less than 260 or; 

II.E.3.nnn.(ii) *Operate no more than 250 hours per year and have a rated horsepovt'er 

of less than 737; or 

II.E.3.nnn.(iii) *Operate no more than 100 hours per year and have a rated horsepower 

of less than 1 ,840. 

II.E.3.ooo._--The collection, transmission, liquid treatment, and solids treatment 

processes at domestic wastewater treatment works, or treatment facilities that 

treat only domestic type wastewater, except for combustion processes. 

II.E.3.ppp._--Gasoline stations located in ozone attainment areas. 

Regulation Number 3 

Adopted: October 20, 2011 Page99 

i 

l 
II.E.3.qqq._--*Surface mining activities that mine seventy thousand tons or fewer of 

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

sources. Crushers, screens and other processing equipment activities are not 

included in this exemption. 

II.E.3.rrr._--Composting piles, however, all odor requirements of Regulation Number 

2 must be met. 

II.E.3.sss._--Fugitive emissions of hazardous air pollutants that are natural 

constituents of native soils and rock (not added or concentrated by chemical or 

mechanical processes) from under-ground mines or surface mines unless such 

source is a major source of hazardous air pollutants under Part C of this 

Regulation Number 3. 

II.E.3.ttt._ The use of pesticides, fumigants, and herbicides when used in 

accordance with requirements established under the federal Insecticide, 

Fungicide and Rodenticide Act as established by the U.S. EPA (United States 

Code Title 7, Section 136 et seq.). 

II.E.3.uuu._--Ventilation of emissions from mobile sources operating within a tunnel, 

garage, or building that are not operating for transportation purposes and are 

subject to stationary source requirements .. 

II.E.3.vvv._--Non-asbestos demolition. 

II.E.3.www._-Sandblast equipment when the blast media is recycled and the blasted 

material are collected. 

II.E.3.xxx._--Stationary internal combustion engines: 

II.E.3.xxx.(i) *Less than or equal to 175 horsepower which operate less than 

1 ,450 hours per year. 

II.E.3.xxx.(ii) *Greater than 175 horsepower and less than or equal to 300 

horsepower which operate less than 850 hours per year. 

II.E.3.xxx.(iii) *Greater than 300 horsepower and less than or equal to 750 

horsepower which operate less than 340 hours per year. 

II.E.3.yyy._--Surface water storage impoundment of non-potable water and storm 

water evaporation ponds, with the exceptions of impoundment of -oil and gas 

production wastewater (including produced water tanks) containing equal to or 

more than one percent by volume crude oil on an annual average, and 

commercial facilities that accept oil and gas production wastewater for 

processing. 

II.E.3.zzz._--Non-potable water pipeline vents. 

II.E.3.aaaa._-Steam vents and safety release valves. 

II.E.3.bbbb._ Deaerator/vacuum pump exhausts.Exemption Repealed. 

II.E.3.cccc._-Seal and lubricating oil systems for steam turbine electric generators. 

II.E.3.dddd._-Venting of natural gas lines for safety purposes. 

Regulation Number 3 

Adopted: October 20, 2011 Page 100 
II.E.3.eeee._-Chemical storage tanks 

II.E.3.eeee.(i) *Sulfuric acid storage tanks not to exceed ten thousand five 

hundred gallons capacity. 

II.E.3.eeee.(ii) *Sodium hydroxide storage tanks. 

II.E.3.ffff._--Wet screening operations notwithstanding the applicability of the New 

Source Performance Standards included in the Code of Federal Regulations, 

Title 40, Part 60, Subpart 000. 

II.E.3.gggg._-*Any condensate storage tank with a production rate of 730 barrels per 

year or less or condensate storage tanks that are manifold together with a 

production rate of 730 barrels per year or less that are owned and operated by 

the same person, and are located at exploration and production sites. 

II.F. Sources that are not required by this Part C to obtain an operating permit may elect to 

apply for, and may be issued, an operating permit. Any such permit issued must contain 

terms and conditions sufficient to satisfy the requirements of this regulation. 

II. G. All federally enforceable terms and conditions in an operating permit, including any 

provisions designed to limit a source's potential to emit, are enforceable by the 

Administrator, as well as citizens pursuant to United States Code Title 42, Section 7604. 

Ill. Operating Permit Application Requirements 

III.A. Option for pre application meeting 

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

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

applicant of the applicable permit requirements, including the information, plans, specifications and the 

data required to be furnished with the permit application, based on the best information available from the 

applicant at the time. Failure of the Division to identify all requirements and information does not exempt 

the source from compliance with applicable requirements or these regulations. 

111.8. Application for operating permit and combined construction/operating permit applications 

111.8.1. An application for an operating permit shall be prepared on forms supplied by the Division 

that meet all the requirements of the Federal Act. Applicants shall submit sufficient 

copies of their applications for provision of copies to the Administrator, affected states 

and county clerks as required by Sections V.8.5., VI., and IX. of this Part C. 

111.8.2. Each source required to obtain an operating permit pursuant to Section Ill. of this Part C, 

for the first time, shall submit an application for such a permit no later than twelve months 

after the source becomes subject to the operating permit requirement. A source that 

becomes subject to the operating permit program by operation of law, such as the 

adoption of new legal requirements, shall submit an application for an operating permit 

within twelve months of the effective date of such new legal requirements unless 

otherwise specified by the requirements. A new source or an existing source that 

modifies in a way that renders it newly subject to the operating permit requirements, shall 

submit a complete application for an operating permit within twelve months of 

commencing operation, except as otherwise provided herein. Modifications made to a 

source with an operating permit, through a permit issued under Part B of this regulation 

shall apply for a modification to their operating permit within twelve months of startup. A 

Regulation Number 3 

Adopted: October 20,2011 Page 101 
new source (including any significant modification), shall meet the applicable 

requirements of Part B. 

III.B.3. Reserved. 

III.B.4. Reserved. 

III.B.5. All other major sources existing on January 1, 1995 shall submit their operating permit 

applications unless otherwise notified by the Division. 

III.B.6. Each source subject to an operating permit shall submit an application for renewal of the 

operating permit at least twelve months, but not more than eighteen months, prior to the 

expiration of the operating permit. All of the provisions governing the application for and 

issuance of operating permits are applicable to applications for renewal of operating 

permits, except that an application for permit renewal may address only those portions of 

the permit that require revision, supplementing, or deletion, incorporating the remaining 

permit terms by reference from the previous permit. A copy of any materials incorporated 

by reference must be included with the application. The Division may choose to issue a 

draft renewal or proposed renewal permit specifying only those portions that will be 

revised, supplemented, or deleted, incorporating the remaining permit terms by 

reference. All requirements for compliance plans, compliance schedules and compliance 

certifications found in Sections III.B.7., III.B.8., and III.C.8. through III.C.13. of this Part C, 

are applicable to the entire operating permit upon renewal. 

III.B.7. A source required to obtain a construction permit pursuant to Part B of this Regulation 

Number 3 may submit an application for a combined construction permit and operating 

permit on a standard application form supplied by the Division prior to commencing 

construction, modification, installation or commencement of any activities or operations 

for which a construction permit is required pursuant to Part B. In accordance with the 

provisions of Part B, a source applying for a combined construction/operating permit 

cannot construct before issuance of a permit. 

III.B.8. Applications shall be signed by a responsible official who shall also sign the compliance 

certification on the application. The compliance certification shall include: (a) a 

certification of compliance with all applicable requirements; (b) a statement of methods 

used for determining compliance, including a description of monitoring, record keeping, 

and reporting requirements and test methods; (c) a schedule for submission of 

compliance certifications during the permit term not less than annually, or more frequently 

as specified by the terms and conditions of the permit; (d) a statement indicating the 

source's compliance status with any applicable compliance assurance monitoring and 

compliance certification requirements; (e) if applicable to a source, a statement indicating 

the source has properly registered its risk management plan required pursuant to Section 

112(r) of the Federal Act. Compliance certifications for state only conditions shall be 

separate from compliance certifications required under the Federal Act, and shall only be 

required for sources of such state only conditions seeking the operational flexibility 

provisions of Sections X., XI., and XII. of this Part C. Sources seeking protection under 

the terms of the permit shield for such state only conditions, or sources of state only 

conditions are otherwise required to obtain an operating permit pursuant to the state Act. 

III.B.9. Each application form, report and compliance certification submitted pursuant to this 

regulation shall contain a certification by a responsible official of the truth, accuracy and 

completeness of such form, report or certification stating that, based on information and 

belief formed after reasonable inquiry, the statements and information in the document 

are true, accurate and complete. 

Regulation Number 3 

Adopted: October 20, 2011 Page 102 
III.C. Complete applications 

The applicant shall furnish all information and data required by the Division to evaluate the permit 

application and to make its preliminary analysis in accordance with Section IV. of this Part C including, 

but not limited to: 

III.C.1. Identifying information, including company name and address (or plant name and 

address if different from the company name), owner's name and agent, and telephone 

number and name of plant site manager/contact; 

III.C.2. A description of the source's processes and products (by standard industrial classification 

code) including any associated with alternate scenarios identified by the source; 

III.C.3. The following emission-related information: 

III.C.3.a. All emissions of pollutants for which the source is major, and all 

emissions of regulated air pollutants. A permit application shall describe all 

emissions of regulated air pollutants emitted from any emissions unit, except 

where such units are exempted under Section II. E. of this Part C, and all 

additional information related to the emissions of pollutants sufficient to verify 

which requirements are applicable to the source and other information necessary 

to collect any permit fees owed pursuant to Section VI. of Part A of this 

regulation; 

III.C.3.b. Identification and description of all points of emissions described in 

Section III.C.3.a., above, in sufficient detail to establish the basis for fees and 

applicability of requirements of the Federal Act; 

III.C.3.c. Emissions rate in tons per year and in such terms as are necessary to 

establish compliance consistent with the applicable standard reference test 

method; 

III.C.3.d. The following information to the extent it is needed to determine or 

regulate emissions: fuels, fuel use, raw materials, production rates, and operating 

schedules; 

III.C.3.e. Identification and description of air pollution control equipment and 

compliance monitoring devices or activities; 

III.C.3.f. Limitations on source operation affecting emissions or any work practice 

standards, where applicable, for all regulated air pollutants at the source; 

III.C.3.g. Other information required by any applicable requirement, including 

information related to stack height limitations developed pursuant to United 

States Code Title 42, Section 7423 (Part A, Section VIII. of this Regulation 

Number 3); and 

III.C.3.h. Calculations on which the information required in Sections III.C.3.a. 

through III.C.3.g. are based. 

III.C.4. The following air pollution control requirements: 

III.C.4.a. Citation and description of all applicable requirements, and 

Regulation Number 3 

Adopted: October 20,2011 Page 103 
III.C.4.b. Description of, or reference to, any applicable test method for 

determining compliance with each applicable requirement. 

III.C.S. Other specific information that may be necessary to implement and enforce other 

applicable requirements of the Federal Act or of this Section Ill., or to determine the 

applicability of such requirements. 

III.C.6. An explanation of any proposed exemptions from otherwise applicable requirements. 

III.C.7. Additional information as determined to be necessary by the Division to define alternative 

operating scenarios identified by the source pursuant to Section IV.A. of Part A of this 

regulation, or to define permit terms and conditions implementing Section XII. of this Part 

C. 

III.C.8. A compliance plan which contains: (a) a description of the compliance status of the 

source with respect to all applicable requirements; (b) for applicable requirements with 

which the source is in compliance, a statement that the source will continue to comply 

with such requirements; (c) for applicable requirements that will become effective during 

the permit term, a statement that the source will meet the requirements on a timely basis; 

and (d) for requirements for which the source is not anticipated to be in compliance at the 

time of permit issuance, a narrative description of how the source will achieve compliance 

with such requirements. 

III.C.9. A compliance schedule which contains: (a) for applicable requirements with which the 

source is in compliance, a statement that the source will continue to comply with such 

requirements; or (b) for applicable requirem~nts that will become effective during the 

permit term, a statement that the source will meet the requirements on a timely basis. A 

statement that the source will meet in a timely manner applicable requirements that 

become effective during the permit term shall satisfy the provision, unless a more 

detailed schedule is expressly required by the applicable requirement; and (c) a schedule 

of compliance for sources that are not anticipated to be in compliance at the time of 

permit issuance. This schedule shall include a schedule of enforceable remedial 

milestones, leading to compliance with any applicable requirements for which the source 

will be in noncompliance at the time of permit issuance. This compliance schedule shall 

be at least as stringent as that contained in any judicial consent decree or administrative 

order to which the source is subject. Any such schedule of compliance shall be 

supplemental to, and shall not sanction noncompliance with, the applicable requirements 

on which it is based. 

III.C.10.A schedule for submission of progress reports no less frequently than every six months 

for sources required having a schedule of compliance to remedy a violation. 

III.C.11. The compliance plan content requirements specified in this section shall apply and be 

included in the acid rain portion of a compliance plan for an affected source, except as 

specifically superseded by regulations promulgated under Title IV of the Federal Act, 

Code of Federal Regulations Title 40, Part 72, with regard to the schedule and method(s) 

the source will use to achieve compliance with the acid rain emissions limitations. 

III.C.12. Data necessary to allow the Division to determine whether the source complies with: 

III.C.12.a. 

III.C.12.b. 

Regulation Number 3 

Adopted: October 20, 2011 

All applicable emission control regulations; 

Applicable regulations for the control of hazardous air pollutants; 

Page 104 
III.C.12.c. Requirements of the nonattainment and attainment programs, Sections 

V. and VI. of Part D of this regulation; and 

III.C.12.d. Any applicable ambient air quality standards (for temporary sources and 

new or modified sources applying for a combined construction/operating permit 

only). When the data 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; and 

III.C.12.e. All applicable regulations. 

III.C.13. Copies of Air Pollutant Emission Notices on file with the Division indicating 

production/process rates for which the operating permit is to be evaluated, or, if Air 

Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission 

Notice(s) shall be submitted in accordance with Part A, Section II. The Air Pollutant 

Emission Notice fee will not be charged for submission of copies of current Air Pollutant 

Emission Notice(s) previously filed with the Division. 

III.D. Operating Permit Renewal 

In submitting an application for renewal of an operating permit issued under these regulations, a source 

may identify terms and conditions in its previous permit that remain unchanged and incorporate by 

reference those portions of its existing permit and the permit application and any permit amendments or 

modification applications that describe products, processes, operations, and emissions to which those 

terms and conditions apply. The source must identify specifically and list which portions of its previous 

permit and/or applications that are incorporated by reference. In addition, a renewal application must 

contain: 

Ill. D.1. Information for those products, processes, operations, and emissions, in accordance with 

the provisions of this Part C, that: 

III.D.1.a. Are not addressed in the existing permit; 

III.D.1.b. Are subject to applicable requirements that are not addressed in the 

existing permit; or 

III.D.1.c. Are permit terms and conditions that differ from those in the existing 

permit. 

III.D.2. A compliance plan, schedule, and certification requirements for the entire permit in 

accordance with this Part C. 

Ill. E. A major source may comply with this section through any one of the following methods: 

III.E.1. The source may obtain a single permit for all relevant emission points located within a 

contiguous or adjacent area under common control (whether or not falling under the 

same two digit standard industrialized code); 

III.E.2. The source may obtain separate permits for separate emission points or groups of 

emission points, or 

III.E.3. The Division may issue a permit covering one or more emission points eligible for 

coverage under a general permit and the source may obtain a separate permit or permits 

for emission points not eligible for such coverage. 

Regulation Number 3 

Adopted: October 20,2011 Page 105 
Ill. F. The acid rain portions of permit applications shall be made on nationally standardized forms 

pursuant to regulation promulgated by the Administrator at Code of Federal Regulations Title 40, 

Part 72. 

IV. Processing Of Applications 

IV.A. Standards for application determinations 

The Division shall evaluate operating permit applications and combined construction/operating permit 

applications. The evaluation of permit applications shall consider, for the construction permit portion, 

whether operation of the proposed new source at the date of start-up, and for operating permits whether 

the permitted emissions, will comply with all applicable emissions control regulations, regulations for the 

control of hazardous air pollutants, applicable ambient air quality standards and regulations, requirements 

for the prevention of significant deterioration of air quality that is better than the National Ambient Air 

Quality Standards, and nonattainment and attainment/maintenance area requirements. The submittal of 

a complete application shall not affect the requirement that any source have a construction permit 

pursuant to Part 8 of this Regulation Number 3, except as otherwise required herein. 

IV.B. Completeness determinations 

IV. 8.1. An application for an operating permit or a combined construction permit/operating 

permit, will not be deemed to be complete until all information and data required to 

evaluate the application have been submitted to the Division. Within sixty calendar days 

after the receipt of an application or any supplemental information requested by the 

Division, the Division will give notice to the applicant if and in what respect the application 

is incomplete. If the Division fails to notify an applicant that the application is incomplete 

within sixty calendar days of receipt of the original application or receipt of the requested 

supplemental information, the application shall be deemed to have been complete as of 

the day of receipt by the Division of the application or the last submitted supplemental 

information, whichever is later, for the purposes specified in Section II.B. of this Part C 

(concerning the application shield). Nothing herein precludes the Division from 

requesting further information about the source in order to process the permit application. 

If the Division concludes that the application is not complete, it shall inform the applicant 

of the additional information that must be submitted prior to consideration of the 

application. No completeness determination shall be required for applications for 

administrative or minor permit modification procedures under Section Ill. of Part A of this 

regulation, or Sections X. and XI. of this Part C. 

IV.B.2. The Division shall review each application submitted to determine whether it is complete. 

An application shall be deemed to be complete when it contains the information required 

by Sections Ill. B., Ill. C., and Ill. D. of this Part C in sufficient detail for the Division to 

evaluate the subject source and the permit application, to determine all applicable 

requirements and to calculate all applicable fees. 

IV.B.3. A source shall supplement its permit application to correct or update information provided 

in its initial submission as soon as it becomes aware of any omissions or incorrect 

information submitted or to address changes made to the source after submission of the 

application, but prior to public notice as provided in Section VI. of this Part C. 

IV.B.4. A source shall supplement its permit application to address any requirements that 

become applicable to the source after the date the source submitted its application, but 

prior to issuance of a draft permit. 

IV. C. Permit application processing timeframes 

Regulation Number 3 

Adopted: October 20, 2011 Page 106 
For operating permit applications, or for combined construction and operating permit applications, the 

Division shall approve or disapprove the permit application within eighteen months of receipt of a 

complete application. Permit processing timeframes for operating permit applications for affected sources 

under the acid rain provisions shall be governed by Code of Federal Regulations Title 40, Part 72. If a 

timely and complete application is filed, but the Division fails to issue or deny a renewal operating permit 

prior to expiration of the operating permit for which a source is seeking renewal, the previously issued 

operating permit, and all of its terms and conditions, shall not expire until the renewal operating permit is 

issued and any previously extended permit shield continues in full force and operation. 

To the extent feasible, applications shall be acted upon in the order received except that priority shall be 

given to taking final action on applications for construction or modification under Title I, Parts C and Part 

D, of the Federal Act. Final action on such applications shall be taken within twelve months following 

receipt of a complete application. 

IV. D. Requests for additional information 

If, after an application is deemed complete, the Division determines that additional information is 

necessary to evaluate or take final action on an application, the Division shall request necessary 

information in writing and set a reasonable deadline for response. Additional information submitted within 

the deadline will be evaluated by the Division. If the applicant fails to provide the requested information or 

does not meet the deadline, the source's ability to operate without a permit shall terminate on the date of 

the deadline as provided in Section II.B. of this Part C. 

V. Operating Permit Issuance, Renewals And Modifications 

VA Except as provided below, the Division shall not issue, reissue or renew an operating permit until 

the source has obtained a final approval construction permit for all emission units pursuant to 

Regulation Number 3, Part 8, Section III.G. However, nothing in this section shall preclude the 

Division from issuing, reissuing, or renewing an operating permit if the holder of an initial approval 

construction permit has not commenced operation of the new construction or modification 

authorized by that construction permit. 

When the source has not demonstrated compliance with the terms of an initial approval 

construction permit as required pursuant to Regulation Number 3, Part 8, Section Ill. G., or has 

not obtained a final approval construction permit as required above, the Division may issue, 

reissue or renew an operating permit under the following circumstances: 

V.A.1. If the source has not demonstrated compliance under the provisions of Regulation 

Number 3, Part 8, Section Ill. G., and the source is not anticipated to be in compliance at 

the time of the operating permit issuance with any of the terms or conditions of the initial 

approval construction permit, the operating permit must contain a compliance plan and 

compliance schedule that meets the requirements of this Part C, Sections III.C.8., III.C.9., 

and III.C.10., with respect to those permit term(s). In that instance, the deviation 

reporting required under this Part C, Section V.C.7.b. may, at the Division's discretion, 

serve as the demonstration required pursuant to Regulation Number 3, Part 8, Section 

Ill. G. and no final approval construction permit will be issued; or 

V.A.2. If the source has not demonstrated compliance under the provisions of Regulation 

Number 3, Part 8, Section Ill. G., and the source anticipates being in compliance at the 

time of the operating permit issuance with all of the terms or conditions of the initial 

approval construction permit, the Division can elect to allow the initial approval 

construction permit to continue in full force and effect pursuant Regulation Number 3, 

Part 8, Section III.G.4. In that instance, the first deviation report after permit issuance as 

required under this Part C, Section V.C.7.b. may, at the Division's discretion, serve as the 

Regulation Number 3 

Adopted: October 20,2011 Page 107 
demonstration required pursuant to Regulation Number 3, Part B, Section Ill. G., and no 

final approval construction permit will be issued; or 

V.A.3. If the source has demonstrated compliance under the provisions of Regulation Number 3, 

Part B, Section Ill. G. but not yet received a final approval construction permit, the 

Division may, at its discretion, elect to either issue a final approval construction permit or 

allow the initial approval construction permit to continue in full force and effect. The 

Division shall provide written notice to the permittee of its election. 

V.B. An operating permit, permit modification or permit renewal shall be issued only upon a 

determination by the Division that the following criteria have been met: 

V. 8.1. The Division has received a complete application for a permit, permit modification, or 

permit renewal; 

V.B.2. Public comment and hearing requirements, except for modifications qualifying for minor 

permit modification procedures or administrative permit revisions; 

V.B.3. Requirements for notifying and responding to affected states pursuant to Section IX. of 

this Part C. This section is not applicable to minor sources that voluntarily apply for an 

operating permit for purposes of Sections X., XI., and XII., unless the source is required 

to have federally enforceable emissions limitations to be considered a minor source, nor 

to major sources of Colorado-only Hazardous Air Pollutants subject to the operating 

permit requirements solely due to state-only conditions under the state Act; 

V.B.4. Permit conditions provide for compliance with all applicable requirements and the 

requirements of this Regulation Number 3; and 

V.B.5. The Administrator has received a copy of the proposed permit and has not objected to its 

issuance within forty-five days of receipt of the proposed permit and all necessary 

supporting information. This section is not applicable to minor sources that voluntarily 

apply for an operating permit for purposes of Sections X., XI., and XII., unless the source 

is required to have federally enforceable emissions limitations to be considered a minor 

source, nor to major sources of Colorado-only Hazardous Air Pollutants subject to the 

operating permit requirements solely due to state only conditions under the state Act. 

V.B.6. The Administrator's objection to permit issuance shall be based on a determination that 

the proposed permit will not be in compliance with applicable requirements or 

requirements of Code of Federal Regulations Title 40, Part 70. Any such objection shall 

include a statement of the Administrator's reasons for objecting and a description of the 

terms and conditions that the permit must include to respond to the objection. Failure of 

the Division to do any of the following shall also constitute grounds for an objection by the 

Administrator: 

V.B.6.a.failure to comply with the provisions of Section V.F. of this Part C for submission 

of copies of permit applications, proposed permits, and final permits to the 

Administrator; 

V.B.6.b. Failure to comply with the provisions of Section IX. of this Part C for review by 

affected states; 

V.B.6.c. Failure to submit any information to the Administrator necessary to review 

adequately the proposed permit; or 

Regulation Number 3 

Adopted: October 20, 2011 Page 108 
V.B.6.d. Failure to comply with the provisions of Section VI. of this Part C for public 

participation. 

V.B.7. If the Division fails, within ninety days after an objection by the Administrator, to revise 

and submit a proposed permit in response to the objection, the Administrator will issue or 

deny the permit in accordance with the requirements of the federal program promulgated 

under Title V of the Federal Act. 

V.B.8. The permit applicant has paid all applicable hourly fees as set forth in Part A, Section VI. 

of this Regulation Number 3. 

V.C. An operating permit shall contain, at a minimum, the following: 

V.C.1. Emissions limitations and standards, including those operational requirements and 

limitations that assure compliance with all applicable requirements at the time of permit 

issuance, including: 

V.C.1.a. The permit shall specify and reference the origin of and authority for 

each term and condition, and identify any difference in form as compared to the 

applicable requirement upon which the term or condition is based; and 

V.C.1.b. The permit shall state that, where an applicable requirement of the 

Federal Act is more stringent than an applicable requirement of regulations 

promulgated under Title IV of the Federal Act, Code of Federal Regulations Title 

40, Part 72, both provisions shall be incorporated into the permit and shall be 

federally enforceable; and 

V.C.1.c.lf allowed by the state implementation plan, an alternative emissions limitation 

that is at least as stringent as an applicable requirement may be substituted for 

an applicable requirement as a permit term or condition, so long as the permit 

containing such equivalency determination contains provisions to ensure that any 

resulting emissions limitation is quantifiable, accountable, enforceable and based 

on replicable procedures. · 

V.C.2. The permit term shall be five years. 

V.C.3. The effective date and termination date of the permit shall be specifically identified in the 

permit. 

V.C.4. A statement of all monitoring and related record keeping and reporting requirements shall 

be specifically identified in the permit. 

V.C.5. Each permit shall contain the following requirements with respect to monitoring: 

V.C.5.a. All emissions monitoring and analysis procedures or test methods 

required under the applicable requirements, including any required procedures 

and methods for compliance assurance monitoring and compliance certification 

requirements; · 

V.C.5.b. Where the applicable requirement does not require periodic testing or 

Regulation Number 3 

instrumental or non-instrumental monitoring, periodic monitoring, or record 

keeping, sufficient to yield reliable data for the relevant time period that are 

representative of the source's compliance with the permit as required to be 

reported pursuant to Section V.C.16.e. of this Part C. Such monitoring 

Adopted: October 20,2011 Page 109 
requirements shall assure use of terms, test methods, units, averaging periods, 

and other statistical conventions consistent with the applicable requirements. 

V.C.S.c.As necessary, requirements concerning the use, maintenance and, where 

appropriate, installation of monitoring equipment or methods. 

V.C.6. Each permit shall incorporate all applicable record keeping requirements and require, 

where applicable, the following: 

V.C.6.a. Records of required monitoring information, which includes the following: 

V.C.6.a.(i) Date, place, as defined in the permit, and time of sampling or 

measurements; 

V.C.6.a.(ii) 

V.C.6.a.(iii) 

V.C.6.a.(iv) 

V.C.6.a.(v) 

Date(s) on which analyses were performed; 

The company or entity that performed the analysis; 

The analytical techniques or methods used; 

The results of such analysis; and 

V.C.6.a.(vi) The operating conditions as existing at the time of sampling or 

measurement. 

V.C.6.b. The retention of records of all required monitoring data and support 

information for a period of at least five years from the date of the monitoring 

sample, measurement, report or application. Support information, for this 

purpose, includes all calibration and maintenance records and all original strip 

chart recordings for continuous monitoring instrumentation, and copies of all 

reports required by the permit. The applicant may, with the Division's approval, 

maintain any of the above records in a computerized form. Sources must retain 

records of all required monitoring data and support information for the most 

recent twelve month period, as well as compliance certifications for the past five 

years on site at all times. A source shall make available for Division review all 

other records of required monitoring data and support information required to be 

retained by a source upon forty-eight hours advance notice by the Division. 

V.C.6.c.A permittee may request confidential treatment for information in any report 

submitted under this section pursuant to the limitations and procedures set forth 

in Section VII. of Part A of this Regulation Number 3. 

V.C.7. Each permit shall incorporate all applicable reporting requirements, and shall require the 

following: 

V.C.7.a. Submittal of all reports of any required monitoring at least every six 

Regulation Number 3 

months except as otherwise required on a more frequent basis pursuant to 

compliance assurance monitoring rules or other applicable requirements. The 

Division may approve alternative reporting formats and schedules proposed by 

an applicant consistent with the requirements of this section, allowing for 

coordination with other reporting requirements for that source. All instances of 

deviations from any permit requirements must be clearly identified in such 

reports. All required reports must be certified by a responsible official consistent 

with Section 111.8.8. of this Part C; 

Adopted: October 20, 2011 Page 110 
V.C.7.b. Prompt reporting of deviations from permit requirements, including those 

attributable to upset conditions as defined in the permit, the probable cause of 

such deviations, and any corrective actions or preventive measures taken. Each 

permit shall contain a definition of prompt reporting in relation to the degree and 

type of deviation likely to occur and the applicable requirements. Generally 

"prompt" reporting shall entail reporting as required in Section V.C.7.a., above, 

requiring submission of reports of deviations from permit requirements at least 

every six months, except as otherwise specified by the Division in the permit. 

Prompt reporting, for this purpose, does not constitute an exception to the 

requirements of Section VII. relating to reporting of emergency events for the 

purpose of avoiding enforcement actions. 

V.C.8. A permit condition prohibiting emissions exceeding any allowances that the source 

lawfully holds under Title IV of the Federal Act or the regulations promulgated there under 

at Code of Federal Regulations Title 40, Part 72. 

V.C.9. State only permit terms and conditions shall be listed separately on the operating permit. 

All procedural requirements of this Part C may apply to such state only conditions, except 

as otherwise required by the state Act, in order for sources to obtain the permit shield and 

all operational flexibility provisions. The permit shall also contain a specific designation as 

not being federally enforceable any state only terms and conditions included in the permit 

that are not required under the Federal Act or under any of its applicable requirements. A 

source may choose to obtain a separate construction permit pursuant to Part B for such 

state only requirements, except as otherwise required under the state Act; 

V.C.1 0. A severability clause that demands the continued validity of the various permit 

requirements in the event of a challenge to any portion of the permit; 

V.C.11. Provisions stating the following permit terms and conditions: 

V.C.11.a. The permittee must comply with all conditions of the permit issued under 

this Part C. Any permit noncompliance relating to federally enforceable terms or 

conditions constitutes a violation of the Federal Act, as well as the state Act and 

this regulation. Any permit noncompliance relating to state only terms or 

conditions constitutes a violation of the state Act and this regulation, shall be 

enforceable pursuant to state law, and shall not be enforceable by citizens under 

Section 304 of the Federal Act. Any such violation of the Federal Act, the state 

Act or regulations implementing either statute is grounds for enforcement action, 

for permit termination, revocation and reissuance or modification or for denial of a 

permit renewal application. 

V.C.11.b. It shall not be a defense for a permittee in an enforcement action or a 

consideration in favor of a permittee in a permit termination, revocation or 

modification action or action denying a permit renewal application that it would 

have been necessary to halt or reduce the permitted activity in order to maintain 

compliance with the conditions of the permit; 

V.C.11.c. The permit may be modified, revoked, reopened, and reissued, or 

terminated for cause. The filing of any request by the permittee for a permit 

modification, revocation and reissuance, or termination, or any notification of 

planned changes or anticipated noncompliance does not stay any permit 

condition, except as provided in Sections X. and XI. of this Part C; 

V.C.11.d. The permit does not convey any property rights of any sort, or any 

Regulation Number 3 

Adopted: October 20, 2011 

exclusive privilege; 

Page 111 
V.C.11.e. The permittee shall furnish to the Division, within a reasonable time 

specified by the Division, any information that the Division may request in writing 

to determine whether cause exists for modifying, revoking and reissuing, or 

terminating the permit or to determine compliance with the permit. Upon request, 

the permittee shall also furnish to the Division copies of records required to be 

kept by the permittee, including information claimed to be confidential. Any 

information subject to a claim of confidentiality shall be specifically identified and 

submitted separately from information not subject to the claim; 

V.C.12. A requirement that the permittee shall pay to the Division all applicable fees required by 

the state Act and regulations. 

V.C.13. A provision that no permit revision shall be required under any approved economic 

incentives, marketable permits, emissions trading and other similar programs or 

processes for changes that are specifically provided for in the permit; 

V.C.14. Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application for a permit and approved by the Division, in accordance with 

Section IV.A. of Part A of this regulation. 

V.C.15. Terms and conditions, if the permit applicant requests them, for the trading of emissions 

increases and decreases in the permitted facility, in accordance with Section IV.8. of Part 

A 

V.C.16. The following elements with respect to compliance: 

V.C.16.a. Consistent with Sections 111.8.7., 111.8.8., III.C.8. through III.C.13., and 

V.C.4. through V.C.7. of this Part C, compliance, certification, testing, monitoring, 

reporting, and record keeping requirements sufficient to assure compliance with 

the terms and conditions of the permit. Any document (including reports) 

required by an operating permit shall contain a certification by a responsible 

official that meets the requirements of Section 111.8.8. of this Part C; 

V.C.16.b. Inspection and entry requirements that require, upon presentation of 

credentials and other documents as may be required by law, the permittee shall 

allow the Division or any authorized representative to perform the following: 

V.C.16.b.(i) Enter upon the permittees premises where an operating permit 

source is located, or emissions-related activity is conducted, or where 

records must be kept under the terms of the permit; 

V.C.16.b.(ii) Have access to, and copy, at reasonable times, any records that 

must be kept under the conditions of the permit; 

V.C.16.b.(iii) Inspect at reasonable times any facilities, equipment (including 

monitoring and air pollution control equipment), practices, or operations 

regulated or required under the permit. The permittee shall provide, as 

part of its permit application, a list of any specialized safety equipment 

which may be necessary for use by an inspector; and 

V.C.16.b.(iv) Any sampling or monitoring of substances or parameters at 

reasonable times for the purpose of assuring compliance with the permit 

or applicable requirements; 

V.C.16.c. A schedule of compliance consistent with Section Ill. C. of this Part C; 

Regulation Number 3 

Adopted: October 20, 2011 Page 112 
Regulation Number 3 

V.C.16.d. Progress reports consistent with an applicable schedule of compliance 

and Section Ill. C. of this Part C, to be submitted at least semiannually or at a 

more frequent period if so specified in the applicable requirement or by the 

Division. Such progress reports shall contain the following: 

V.C.16.d.(i) Dates for achieving the activities, milestones, or compliance 

required in the schedule for compliance, and dates when such activities, 

milestones, or compliance were achieved; and 

V.C.16.d.(ii) An explanation of why any dates in the schedule of compliance 

were not or will not be met, and any preventive or corrective measures 

adopted. 

V.C.16.e. Requirements for compliance certification with terms and conditions 

contained in the permit, including emission limitations, standards, or work 

practices. Permits shall include each of the following: 

V.C.16.e.(i) The frequency (which shall not be less than annually or such 

more frequent periods as specified in the applicable requirement or by 

the Division) of submission of compliance certifications; 

V.C.16.e.(ii) In accordance with Sections V.C.4. through V.C.7. of this Part C, 

a means of monitoring the compliance of the source with its emissions 

limitations, standards and work practices; 

V.C.16.e.(iii) A requirement that the compliance certification include the 

following: 

V.C.16.e.(iii)(A) The identification of each permit term and condition that 

is the basis of the certification; 

V.C.16.e.(iii)(B) The compliance status; 

V.C.16.e.(iii)(C) Whether compliance was continuous or intermittent; 

V.C.16.e.(iii)(D) The method(s) used for determining the compliance 

status of the source, currently and over the reporting period, 

consistent with Sections V.C.4. through V.C.7. of this Part C; and 

whether the data collection using the methods referenced for 

compliance certification provide continuous or intermittent data; 

and 

V.C.16.e.(iii)(E) Such other facts as the Division may require to 

determine the compliance status of the source. 

V.C.16.e.(iv) A requirement that all compliance certifications shall be 

submitted to the Administrator as well as to the Division. This 

requirement shall not apply to sources subject to the operating permit 

requirements solely due to state only conditions pursuant to the state 

Act; 

V.C.16.e.(v) Any additional requirements for compliance assurance 

monitoring and compliance certification; 

V.C.16.e.(vi) Such other provisions as the Division may require. 

Adopted: October 20,2011 Page 113 
V.C.17. If a source is required to develop and register a risk management plan pursuant to 

Section 112{r) of the Federal Act, the permit shall only refer to such plan and state the 

source's compliance with such registration requirement. The content of the risk 

management plan will not be incorporated as a permit term. 

V. D. The permit shield shall extend to applicable requirements that are included and specifically 

identified in the permit. Upon request, the Division shall include in the permit a determination 

identifying specific requirements that do not apply to the source. The source shall specify in its 

permit application for such a determination the requirements as to which the determination is 

requested. The permit shall state that the permit shield applies to any requirements so identified. 

A request for a determination to extend the shield to requirements deemed applicable to the 

source may be made either in the original permit application or in a subsequent application for a 

permit modification. 

V.E. If the Division denies a permit, imposes conditions on a permit that are contested by the 

applicant, revokes a permit, or requires a permit from a source that may qualify for an exemption, 

the applicant or owner or operator of the source may request a hearing before the Commission in 

accordance with the Commission's Procedures for Adjudications. The request for a hearing must 

be filed with the Commission within thirty days after the issuance of the permit, denial or 

revocation. The hearing shall be held in accordance with Colorado Revised Statute Sections 25-

7-119 and 24-4-1 05 and the Commission's Procedures for Adjudications. 

V.F. The Division shall submit to the Administrator a copy of each permit application (including any 

application for permit modification), each proposed permit, and each final operating permit. 

VI. Public Participation Requirements 

VI .A. Except for modifications qualifying for administrative permit amendments, minor permit 

modification procedures and operational flexibility provisions, as described in Sections X., XI., 

and XII. of this Part C, Sections Ill. and IV. of Part A, and except for applications for coverage 

under general operating permits as described in Section VIII. of this Part C, all permit 

proceedings, including initial permit issuance, significant modifications, re-openings and 

renewals, and are subject to public notice, comment and opportunity for public hearing 

requirements. A minor source voluntarily applying for an operating permit is not subject to the 

public participation requirements of this Part C unless the source is required to have a federally 

enforceable emission limitation to be considered a (synthetic) minor source. Minor sources that 

are not synthetic minors and major sources of Colorado-only Hazardous Air Pollutants subject to 

the operating permit requirements solely due to state-only conditions shall be subject to the public 

participation requirements where warranted in accordance with the provisions of Part B of this 

Regulation Number 3. 

VI. B. The Division shall, within fifteen calendar days after the preparation of the preliminary analysis, 

cause public notice of the application to be published in a newspaper of general distribution in the 

area in which the proposed project or activity is or will be located, and by such other means if 

necessary to assure notice to the affected public, which may include posting of such notice on the 

publicly accessible portion of the Division's web site, and cause a copy of the preliminary analysis 

and application to be filed with the county clerk for each county in which the source is or will be 

located. The Division shall send written or electronic notice to the applicant, to persons 

requesting notice of permit applications for the type of source or geographic area and to affected 

states. The newspaper notice shall contain the information listed below in VI.B.1. through VI.B.9. 

The Division's web site notice shall contain all the following information in Sections VI.B.1. 

through VI.B.15.: 

VI.B.1. The name and address of the permittee; 

Regulation Number 3 

Adopted: October 20,2011 Page 114 
Vl.8.2. The name and address of the affected facility; 

Vl.8.3. The Division's name and address; 

Vl.8.4. The activity or activities proposed in the permit application; 

Vl.8.5. The emissions change involved in any permit modification; 

Vl.8.6. The name, address, and telephone number of a Division staff contact from whom 

interested persons may obtain additional information, including copies of the permit draft, 

the application, all relevant supporting materials, the compliance plan, the monitoring and 

compliance certification report, and all other materials available to the Division that are 

relevant to its permit decision; 

Vl.8.7. Information regarding scheduling of any public comment hearing if one is requested; 

Vl.8.8. That the Division will receive and consider public comments for thirty calendar days after 

such publication; 

Vl.8.9. The Division's preliminary determination of approval, conditional approval, or disapproval 

of the application; 

VI. 8.1 0. That any interested person may submit a written request for a public comment hearing to 

be held by the Commission to receive comments regarding the concerns listed in 

Sections Vl.8.11. through V1.8.15., below, the sufficiency of the preliminary analysis, and 

whether the Division should approve or deny the permit application. Any written request 

for a public comment hearing must be submitted to the Division within thirty days of 

publication; 

VI. 8.1 O.a. Written requests for a public comment hearing shall be directed to the Air 

Pollution Control Division's office at 4300 Cherry Creek Drive South, Denver, 

Colorado 80246-1530; 

VI. 8.1 0. b. . Requests shall: (i) identify the individual or group applying; (ii) state his 

or her address and phone number; (iii) state the reasons for the request; (iv) 

state the manner in which the person is affected by the proceedings; and (v) 

provide an explanation of why the person's interests are not already adequately 

represented. 

Vl.8.11. That comments concerning the ability of the proposed activity to comply with applicable 

requirements are solicited from any interested person; 

Vl.8.12. That comments are solicited on the air quality impacts of the source or modification; 

Vl.8.13. That comments are solicited on alternatives to the source or modification; 

Vl.8.14. That comments are solicited on the control technology required; 

VI. 8.15. That comments are being solicited on any other appropriate air quality considerations. 

VI. C. Within fifteen calendar days after the preparation of the preliminary analysis for those applications 

subject to the requirements of this Part C, the Division shall forward to the applicant written notice 

of the applicant's right to a public comment hearing with respect to the application pursuant to 

Section 1. 7.0. of the Commission's procedural rules. 

Regulation Number 3 

Adopted: October 20, 2011 Page 115 
VI. D. A public comment hearing request pursuant to Section VI. B. of this Part C must be transmitted by 

the Division to the Commission, along with the complete permit application, the preliminary 

analysis, the draft permit, and any written comments received by the Division within five days 

after the end of the thirty-day comment period. At least thirty days prior to the date set for the 

public comment hearing, the notice of public comment hearing, the preliminary analysis and the 

draft permit shall be posted on the Division's web site. No substantive revisions shall be made to 

the draft permit during the thirty days prior to the public comment hearing. The applicant may 

submit, within ten days following the close of the public comment period, a response to any 

comments made. Nothing herein shall impede the Division's ability to meet required processing 

timeframes or other required time periods contained in this regulation. 

VI .E. The Commission shall hold a public comment hearing within sixty days of its receipt of the 

request for a hearing pursuant to Section VI. B. or VI. C. of this Part C, unless such greater time is 

agreed to by the applicant and the Division. The Division shall appear at the public comment 

hearing in order to present the permit application. At least thirty days prior to such hearing, notice 

thereof shall be mailed by the Commission to the applicant, and to any interested person who 

submitted a request for a public hearing, printed in a newspaper of general distribution in the area 

of the proposed source or modification, and submitted for public review with the county clerk for 

each county in which the source or modification is or will be located. 

VI. F. The Division shall maintain a record of the commenter and of the issues raised during the public 

comment and public hearing process for a period of five years. 

VI. G. The Division shall notify the Administrator and any affected state, in writing, of any refusal to 

accept all recommendations for the proposed permit that the affected state submitted during the 

public or affected state review period, as well as reasons for such refusal. 

VI. H. If the Administrator does not object in writing to the issuance of any proposed permit within fortyfive days of receipt of the proposed permit, any person may petition the Administrator within sixty 

days of expiration of the Administrator's forty-five day review period to make such objection. Any 

such petition shall be based only on objections to the permit that were raised with reasonable 

specificity during the public comment period as provided for in Section VI. B. of this Part C, unless 

the petitioner demonstrates that it was impracticable to raise such objections within that period, or 

unless the grounds for such objection arose after such period 

VI. H.1. A petition for review does not stay the effectiveness of a permit or its requirements if the 

permit was issued after the end of the forty-five day review period and prior to an U.S. 

EPA objection. 

VI.H.2. If, pursuant to a petition filed under this Section VI. H., the U.S. EPA objects to the 

issuance of a permit prior to its issuance, the Division shall not issue the permit until the 

U.S. EPA's objection has been resolved. 

VI.H.3. If, pursuant to a petition filed under this Section VI. H., the U.S. EPA objects to the 

issuance of a permit after it has been issued by the Division, the Administrator may 

modify, terminate, or revoke such permit and the Division may thereafter issue only a 

revised permit that satisfies the U.S. EPA's objection. 

VI.H.4. In no event will any proceeding under this Section VI. H. cause a source to be in violation 

of the requirement to have submitted a timely and complete application. 

VII. Emergency Provisions 

VILA An emergency means any situation arising from sudden and reasonably unforeseeable events 

beyond the control of the source, including acts of god, which situation requires immediate 

Regulation Number 3 

Adopted: October 20,2011 Page 116 
corrective action to restore normal operation, and that causes the source to exceed a technology 

based emission limitation under the permit, due to unavoidable increases in emissions 

attributable to the emergency. An emergency shall not include noncompliance to the extent 

caused by improperly designed equipment, lack of preventative maintenance, careless or 

improper operation, or operator error. 

VII. B. An emergency constitutes an affirmative defense to an action brought for noncompliance with 

such technology-based emission limitations if the conditions of Section VII. C. are met. In any 

enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has 

the burden of proof. 

VII. C. The affirmative defense for an emergency shall be demonstrated through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

VII.C.1. An emergency occurred and that the permittee can identify the cause(s) of the 

emergency; 

VII.C.2. The permitted facility was at the time being properly operated; 

VII.C.3. During the period of the emergency, the permittee took all reasonable steps to minimize 

levels of emissions that exceeded the emission standards, or other requirements in the 

permit; and 

VII.C.4. The permittee submitted oral notice of the emergency to the Division no later than noon 

of the next working day following the emergency, and followed by written notice within 

one month of the time when emission limitations were exceeded due to the emergency. 

This notice fulfills the requirement of Section V.C. ?.b. of this Part C. This notice must 

contain a description of the emergency, any steps taken to mitigate emissions, and 

corrective actions taken. 

VII.C.S. This provision is in addition to any emergency or upset provision contained in any 

applicable requirement. 

VIII. General Operating Permits 

VIII .A The Division may, after notice and opportunity for public participation provided under Section VI. 

of this Part C, issue a general permit covering numerous similar sources that would otherwise be 

required to obtain an operating permit pursuant to this Part C. Any general permit shall comply 

with all requirements applicable to other operating permits and shall identify criteria by which 

sources may qualify for the general permit. For sources that qualify, the Division shall grant the 

conditions and terms of the general permit. Notwithstanding the permit shield, a source shall be 

subject to enforcement action for operation without an operating permit if the source is later 

determined not to qualify for the conditions and terms of the general permit. General permits are 

not authorized for affected sources under the acid rain program unless otherwise provided in 

regulations promulgated under Title IV of the Federal Act. A general permit may be issued for the 

following purposes: 

VIII.A.1. To establish terms and conditions to implement applicable requirements for a source 

category; 

VIII.A.2. To establish terms and conditions to implement applicable requirements in lieu of 

reopening the permit to incorporate additional applicable requirements pursuant to 

Section XIII of this Part C; 

Regulation Number 3 

Adopted: October 20, 2011 Page 117 
VIII.A.3. To establish terms and conditions for new requirements that apply to sources with 

existing permits, so long as no terms or conditions of the existing permit are being 

violated; 

VIII.A.4.To establish federally enforceable caps on emissions from sources in a specified 

category. 

VIII.A.5. The Division may issue a general permit if it finds that: 

VIII.A.5.a. There are several permittees, permit applicants, or potential permit 

applicants who have the same or substantially similar operations, emissions, 

activities, or facilities; 

VIII.A.5.b. The permittees, permit applicants, or potential permit applicants emit the 

same type of regulated air pollutants; 

VIII.A.5.c. The operations, emissions, activities, or facilities are subject to the same 

or similar standards, limitations, and operating requirements; and 

VIII.A.5.d. The operations, emissions, activities, or facilities are subject to the same 

or similar monitoring, record keeping, and reporting requirements. 

VIII. B. A general permit developed under this section shall identify criteria by which sources may qualify 

for the general permit. After a general permit has been developed, any eligible source may 

submit an application to be covered under the permit. 

VIII. C. An application for coverage under a general permit shall identify the source and provide 

information sufficient to demonstrate that it falls within the source category covered by the 

general permit, together with all information necessary to determine qualification for, and to 

assure compliance with, the general permit including a compliance plan in accordance with 

Section Ill. C. a. of this Part C. 

VIII. D. A final action approving a request for coverage under a general permit shall not be subject to 

judicial review. A source may seek judicial review of a final action denying coverage under a 

general permit. 

VIII. E. If some, but not all, of a source's operations, activities, and emissions are eligible for coverage 

under one or more general permits, the source may apply for and receive coverage under the 

general permits for the operations, activities, and emissions that are so eligible. If the source is 

required under Section II. of this Part C to obtain an operating permit addressing the remainder of 

its operations, activities, and emissions, it may apply for, and receive, an operating permit that 

addresses specifically those items not covered by general permits. In such a case, the source's 

operating permit shall identify all operations, activities, and emissions that are subject to general 

permits and incorporate those general permits by reference. 

VIII.F. Sources that would qualify for a general permit must apply to the Division for coverage under the 

terms of the general permit or must apply for an operating permit under Section Ill. of this Part C. 

without repeating the public participation procedures required under Section VI. of this Part C, the 

Division may grant a source's request for authorization to operate under a general permit. Such a 

grant shall not be a final permit action for purposes of judicial review. 

VIII. G. Upon granting of the general permit by the Division, the source must keep a copy of the permit 

on-site at all times. 

Regulation Number 3 

Adopted: October 20, 2011 Page 118 
VIII.H. A general operating permit shall not be issued to a major source where issuance of a general 

permit would cause a violation of any applicable requirement in any other operating permit held 

by the source, or where issuance of a general operating permit operates to allow the source to 

avoid a modification under Title I of the Federal Act. 

VIII. I. A source may commence operations under the general operating permit sixty days after 

submitting its application for a general operating permit unless notified by the Division within that 

time period that additional information is required to determine whether the source qualifies for a 

general operating permit. Nothing herein precludes the Division from requesting additional 

information after sixty days have elapsed since the source's submission of a general operating 

permit application. 

VIII.J. The application shield shall become effective upon the source's submission of a complete 

application, in accordance with Section II.B. of this Part C. 

VIIJ.K. The permit shield shall become effective upon issuance of the general operating permit by the 

Division. 

VIII.L. The general operating permits, as developed by the Division, shall be required to undergo review 

by the Administrator, affected states and the public, as set forth in Sections V. B., VI., and IX. of 

this Part C every five years. 

IX. Review By Affected States 

IX.A. The Division shall give notice of each draft-operating permit to any affected state on or before the 

time that the Division provides public notice under Section VI. of this Part C, except where the 

requirements for timing of notices are different pursuant to Sections X., X. I., and XII. of this Part 

C. 

IX. B. The Division shall notify the U.S. EPA and any affected state in writing of any refusal by the 

Division to accept all recommendations for the proposed permit that the affected state submitted 

during the public or affected state review period. Said notice will include the Division's reasons 

for not accepting any such recommendation. The Division is not required to accept 

recommendations that are not based on applicable requirements. 

X. Minor Permit Modification Procedures 

X.A. Minor permit modification procedures may be used only for those permit modifications that: 

X.A.1. Do not violate any applicable requirement; 

X.A.2. Do not involve significant changes to existing monitoring, reporting, or record keeping 

requirements in a permit; 

X.A.3. Do not require or change a case-by-case determination of an emission limitation or other 

standard or a source-specific determination for temporary sources of ambient impacts, or 

a visibility or increment analysis; 

X.A.4. Do not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement and that the source has assumed to 

avoid an applicable requirement to which the source would otherwise be subject. Such 

terms and conditions include: 

X.A.4.a.A federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I of the Federal Act, including but not 

Regulation Number 3 

Adopted: October 20,2011 Page 119 
limited to modifications under Part 2 of the state Act (prevention of significant 

deterioration), Part 3 of the state Act (attainment), or New Source Performance 

Standards (Regulation Number 6); 

X.A.4.b.An alternative emissions limit approved pursuant to regulations promulgated 

under Colorado Revised Statute Section 25-7-109.3 or Section 112(i)(5) of the 

federal Act (Regulation Number 8); 

X.A.5. Are accepted excepted from the definition of permit modification in Section I.A.3. of Part 

C. 

X.A.6. Are not otherwise required by the Division to be processed as a significant modification. 

X. B. Notwithstanding Sections X.A.5.and XI. (group processing criteria), minor permit modification 

procedures may be used for permit modifications involving the use of economic incentives, 

marketable permits, emissions trading, and other approved approaches, to the extent that such 

minor permit modification procedures are otherwise provided for in the state implementation plan 

promulgated pursuant to the state Act. 

X. C. An application for a minor permit modification shall be prepared on forms supplied by the 

Division. 

X. D. Applications shall meet the requirements of an application for an operating permit as set forth in 

Commission Regulation Number 3, Part C, Section Ill., and be signed by a responsible official. 

The applicant shall furnish all information and data required by the Division to evaluate the minor 

permit modification application, and shall include the following: 

X.D.1. A description of the change, the emissions resulting from the change, and any new 

applicable requirements that will apply if the change occurs; 

X.D.2. The sources suggested draft permit; 

X.D.3. Certification by a responsible official that the proposed modification meets the criteria for 

use of minor permit modification procedures and a request that such procedures be used; 

and 

X.D.4. Completed forms supplied by the Division for the Division to use to notify the 

Administrator and affected states. 

X.D.5. Data necessary to allow the Division to determine whether the source complies with: 

X.D.5.a. All applicable emission control regulations; 

X.D.5.b. Applicable regulations for the control of hazardous air pollutants; 

X. D.5.c. Requirements of the nonattainment and attainment programs (Sections V. and 

VI. of Part D of this regulation); and 

X.D.5.d. Any applicable ambient air quality standards and all applicable 

regulations. When the data includes modeling, the model used shall be an 

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

the region, which the source will impact; 

X.D.6. Copies of Air Pollutant Emission Notice(s) on file with the Division indicating 

production/process rates for which the operating permit is to be evaluated, or, if Air 

Regulation Number 3 

Adopted: October 20,2011 Page 120 
Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission 

Notice(s) shall be submitted in accordance with Part A, Section II. The Air Pollutant 

Emission Notice fee will not be charged for submission of copies of current Air Pollutant 

Emission Notice(s) previously filed with the Division. 

X. E. An application for a minor permit modification will not be deemed to be complete until all 

information and data (including any required ambient air impact analysis in accordance with 

Section VIII. of Part A) required to evaluate the application have been submitted to the Division. 

X. F. Within five working days of receipt of a complete minor permit modification application, the 

Division shall send a copy of the notice completed pursuant to Section X.D.4., above, to the 

Administrator. 

X.G. Within five working days of receipt of a complete minor permit modification application, the 

Division shall send a copy of the notice completed pursuant to Section X.D.4., above, to affected 

states. Notice to affected states shall not be required for minor sources that voluntarily apply for 

an operating permit to obtain the operational flexibility set forth in this Part C. The Division shall 

notify the Administrator and any affected state of any refusal by the Division to accept all 

recommendations for the proposed revised permit under the minor permit modification 

procedures that the affected state submitted during its review period. The Division shall include 

in such notice its reasons for not accepting any such recommendation. The Division is not 

required to accept recommendations that are not based on applicable requirements under the 

state or Federal Act. Notice to affected states and to the Administrator is not required for minor 

modifications involving state only conditions. 

X. H. Within ninety calendar days of receipt of a complete application for minor permit modification, or 

fifteen calendar days after the end of the Administrator's forty five day review period, whichever is 

later, the Division shall: 

X.H.1. Issue the minor permit modification as proposed; 

X.H.2. Deny the minor permit modification application; 

X.H.3. Determine that the requested modification does not meet the minor permit modification 

criteria and should be reviewed under the significant modification procedures; or 

X.H.4. Revise the draft minor permit modification and transmit to the Administrator the new 

proposed minor permit modification as required in this Regulation Number 3, Part C, 

Section V.B.5. 

X.l. A source shall be allowed to make the changes proposed in its application for minor permit 

modification immediately after it files such application. If the source elects to make such 

changes, and until the Division issues its final determination in accordance with Sections X. H.1. 

through X.H.4., above, the source must comply with both the applicable requirements governing 

the change and the proposed permit terms and conditions. During this time, the source does not 

need to comply with existing permit terms and conditions it seeks to modify, but if the source fails 

to comply with its proposed permit terms and conditions during this period, the existing permit 

terms and conditions it seeks to modify shall be fully enforceable by the Division. 

X.J. The permit shield shall not extend to minor permit modifications. 

X.K. A permit modification for purposes of the acid rain portion of a permit shall be governed by 

regulations promulgated under Title IV of the Federal Act, found at Code of Federal Regulations 

Title 40, Part 72. 

Regulation Number 3 

Adopted: October 20,2011 Page 121 
XI. Procedures For Group Processing Of Minor Permit Modification Applications 

XI .A. Group processing of applications for modifications eligible for minor permit modification 

processing may be used only for those permit modifications that: 

XI.A.1. Meet the requirements of Part C, Sections X.A.1. through X.A.6., above, for minor permit 

modification procedures; and 

XI.A.2. That collectively is below the lowest threshold level as set forth below: 

XI.A.2.a. Ten percent of the emissions allowed by the permit for the emissions unit 

for which the change is requested; or 

XI.A.2.b. Twenty percent of the applicable definition of major source; or 

XI.A.2.c. Five tons per year, whichever is less. 

XI. B. An application shall be filed with the Division for each change the source proposes to make, 

describing the change and the new emissions resulting from the change and notifying the Division 

that the source intends to request group processing of such minor modification applications in 

accordance with Section XI.C.4., below. An application for group processing of minor permit 

modifications shall be prepared on forms supplied by the Division. 

XI. C. Applications shall meet the requirements of an application for an operating permit as set forth in 

Commission Regulation Number 3, Part C, Section Ill., and be signed by a responsible official. 

The applicant shall furnish all information and data (including any required ambient air impact 

analysis in accordance with Section VIII. of Part A of this regulation) required by the Division to 

evaluate the minor permit modification application and shall include the following: 

XI.C.1. A description of the change, the emissions resulting from the change, and any new 

applicable requirements that will apply if the change occurs; 

XI.C.2. The sources suggested draft permit; 

XI.C.3. Certification by a responsible official that the proposed modification meets the criteria for 

use of group processing procedures and a request that such procedures be used; 

XI.C.4. A list of the source's other pending applications awaiting group processing, and a 

determination of whether the requested modification, aggregated with these other 

applications, equals or exceeds the threshold set under Sections XI.A.2.a. through 

XI.A.2.c. of this Part C; 

XI.C.5. Certification by a responsible official that the source has notified the U.S. EPA of the 

proposed modification. Such notification need only contain a brief description of the 

requested modification; 

XI.C.6. Copies of Air Pollutant Emission Notice(s) on file with the Division indicating 

production/process rates for which the operating permit is to be evaluated, or, if Air 

Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission 

Notice(s) shall be submitted in accordance with Part A, Section II. The Air Pollutant 

Emission Notice fee will not be charged for submission of copies of current Air Pollutant 

Emission Notice(s) previously filed with the Division. 

XI.C.7. Completed forms for the permitting authority to use to notify the Administrator and 

affected states. Notice to affected states is not required for minor sources voluntarily 

Regulation Number 3 

Adopted: October 20,2011 Page 122 
applying for an operating permit to obtain the operational flexibility set forth in this Part c. 

Notice to affected states and the Administrator is not required for group processing of 

minor modifications involving state only conditions. 

XI.C.8. As provided for in the state implementation plan, minor permit modifications made 

pursuant to this Section XI. will not trigger the procedural requirements otherwise 

applicable for modifications pursuant to Part B of this regulation. 

XI. D. On a quarterly basis, or within five business days of receipt of an application demonstrating that 

the aggregate of a source's pending applications equals or exceeds the thresholds set forth in 

Section XI.A.2., whichever is earlier, the Division shall promptly notify the Administrator and 

affected states. A source shall only be allowed to aggregate its increased emissions caused by 

changes made in accordance with this Section XI. during each five-year permit term, except that 

any aggregation of emissions that equals or exceeds the thresholds set forth in Section A.2. shall 

trigger the procedural requirements set forth in this Section XI. All aggregation of emissions not 

addressed through the procedures set forth in this Section XI. shall be incorporated into the 

operating permit upon renewal. 

The Division shall promptly notify the Administrator and any affected state of any refusal by the 

Division to accept all recommendations for the proposed revised permit under the group 

processing of minor permit modifications that the affected state submitted during its review 

period. The Division shall include in such notice the reasons for not accepting any such 

recommendation. The Division is not required to accept recommendations that are not based on 

applicable requirements under the state or Federal Acts. 

XI. E. Within one hundred and eighty calendar days of receipt of a complete application for group 

processing of minor permit modifications under this Section XI., or fifteen calendar days after the 

end of the Administrator's forty-five days review period, whichever is later, the Division shall: 

XI.E.1. Issue the minor permit modification as proposed; 

XI.E.2. Deny the minor permit modification application; 

XI.E.3. Determine that the requested modifications do not meet the minor permit modification 

criteria and should be reviewed under the significant modification procedures; or 

XI.E.4. Revise the draft minor permit modification and transmit to the Administrator the new 

proposed minor permit modification. 

XI. F. A source shall be allowed to make the changes proposed in its application for group processing 

of minor permit modifications immediately after it files such application. If the source elects to 

make such changes, and until the Division issues its final determination in accordance with 

Sections XI.E.1. through XI.E.4. above, the source must comply with both the applicable 

requirements governing the change and the proposed permit terms and conditions. During this 

time, the source does not need to comply with existing permit terms and conditions it seeks to 

modify, but if the source fails to comply with its proposed permit terms and conditions during this 

period, the existing permit terms and conditions it seeks to modify shall be fully enforceable by 

the Division. 

XI. G. The permit shield shall not extend to minor permit modifications made pursuant to the group 

processing procedures in this Section XI. 

XII. Operational Flexibility 

XII.A. Section 502(b)(10) changes 

Regulation Number 3 

Adopted: October 20,2011 Page 123 
XII.A.1. No permit revision is necessary for changes within a permitted facility, if the changes are 

accepted excepted from the definition of modification in Part A, Section 1.8.28. of this 

Regulation Number 3, and the changes do not exceed the emissions allowable under the 

permit, whether expressed therein as a rate of emissions or in the terms of total 

emissions, and provided that notice is provided to the Division as set forth below: 

XII.A.1.a. For each such change, the facility shall provide the Administrator and the 

Division with a minimum of seven days' written notification in advance of the 

proposed changes. The notice must be received by the Division no later than 

seven days in advance of the proposed changes. The source, the Division, and 

the Administrator shall attach each such notice to their copy of the relevant 

permit; 

XII.A.1.b. For each such change, the written notification required above shall 

include a brief description of the change within the permitted facility, the date on 

which the change will occur, any change in emissions, and any permit term or 

condition that is no longer applicable because of the change; 

XII.A.1.c. A source shall be allowed to make such change proposed in its notice on 

the day following the last day of the advance notice described in this section if 

the Division has not responded nor objected to the proposed change on or before 

that day; and 

XII.A.1.d. The permit shield shall not apply to any changes made pursuant to this 

section. If subsequent changes cause the facility's operations and emissions to 

revert to those anticipated in the operating permit, the permittee resumes 

compliance with the terms and conditions of the permit, and has provided the 

Division and Administrator with a minimum of seven days advance notice of such 

changes in accordance with the provisions of Section XII.A.1.a., above, the 

permit shield may be reinstated in accordance with the terms and conditions 

stated in the operating permit. 

XII.A.2. Changes made pursuant to this Section XII .A. shall be incorporated into the operating 

permit at the time of renewal, at which time the permit shield shall apply. 

XII. B. Off Permit Changes 

No permit revision shall be necessary for changes within a permitted facility, not otherwise 

addressed or prohibited in the permit or in the provisions of this Section XII. B., governing off 

permit changes. This provision shall apply to changes, which are accepted from the definition of 

permit modification in Section I.A.3. of this Part C, or if such changes are subject to requirements 

of Title IV of the Federal Act (acid rain program). As provided for in the state implementation 

plan, changes made pursuant to this Section XII. B. shall not trigger the procedural requirements 

contained in Part B of this regulation for obtaining a construction permit. 

XII.B.1. Each such change shall meet all applicable requirements and shall not violate any 

existing permit term or condition. 

XII.B.2. The source must provide contemporaneous written notice to the permitting authority and 

the Administrator of each such change, except for changes that have been determined to 

be insignificant by the Commission pursuant to regulation. Such written notice shall 

describe each such change, including the date, any change in emissions, pollutants 

emitted, and any applicable requirement that would apply as a result of the change. A 

revised Air Pollutant Emission Notice shall be submitted in accordance with the 

Regulation Number 3 

Adopted: October 20,2011 Page 124 
provisions of Part A, Section II., along with the written notice required in this Section 

XII.B.2. 

XII.B.3. The permit shield shall not apply to any such change made pursuant to this Section XII. B. 

XII.B.4. The source shall keep a record describing changes made at the source that result in 

emissions of a regulated air pollutant subject to an applicable requirement, but not 

otherwise regulated under the permit, and the emissions resulting from those changes, 

including any other data necessary to show compliance with applicable ambient air 

quality standards. 

XII.B.S. Changes made pursuant to this Section XII. B. shall be incorporated into the operating 

permit at the time of renewal. 

XIII. Reopening For Cause Of Permits Issued Pursuant To Part C 

XIII .A A permit issued pursuant to Part C of this Commission Regulation Number 3, shall be reopened 

and revised under any of the following circumstances: 

XIII.A.1.Additional applicable requirements become applicable to a major source with a remaining 

permit term of three or more years. Such reopening shall be completed no later than 

eighteen months after promulgation of the applicable requirement. No such reopening is 

required if the effective date of the requirement is later than the date on which the permit 

is due to expire, unless the original permit or any of its terms and conditions has been 

extended, or if a general permit is obtained to address the new requirement pursuant to 

Section VIII.A.2. of this Part C; 

XIII.A.2.Additional requirements (including excess emissions requirements) become applicable to 

an affected source under the acid rain program. Upon approval by the Administrator, 

excess emissions offset plans shall be deemed to be incorporated into the permit; 

XIII.A.3. The Division or the Administrator determines that the permit contains a material mistake 

or that inaccurate statements were made in establishing the emissions standards or other 

terms or conditions of the permit; 

XIII.A.4. The Division or the Administrator determines that the permit must be revised or revoked 

to assure compliance with the applicable requirements; 

XIII .AS. Permit reopening and reissuance shall be processed using the procedures set forth in 

Sections Ill., IV., and V. of this Part C for permit issuance and permit renewal; 

XIII .AS. Proceedings to reopen and reissue permits affect only those parts of the permit for which 

cause to reopen exists; and 

XIII .A?. Reopening under this section of Part C shall not be initiated before notice of such intent is 

provided to the source by the Division at least thirty days in advance of the date that the 

permit is to be reopened. The Division may provide a shorter time period within which to 

give notice in the case of an emergency. 

XIII. B. The Division shall extend the permit shield to those parts of the permit that have been changed 

pursuant to the reopening and reissuance proceedings of this section of Part C. 

XIII. C. A source may choose to have its operating permit renewed during any proceeding for reopening 

the permit under this section, provided a complete application is submitted pursuant to Part C. 

Regulation Number 3 

Adopted: October 20,2011 Page 125 
XIV. Compliance Assurance Monitoring 

The regulations promulgated by the U.S. EPA listed in Section XIV.A.1., below, are hereby incorporated 

by reference by the Commission and made a part of the Colorado Commission regulations. Materials 

incorporated by reference are those in existence as of the date indicated and do not include later 

amendments. The material incorporated by reference is available for public inspection during regular 

business hours at the Office of the Commission, located at 4300 Cherry Creek Drive South, Denver, 

Colorado 80246-1530, or may be examined at any state publications depository library. Parties wishing 

to inspect these materials should contact the Technical Secretary of the Commission, located at the office 

of the Commission. 

XIV.A.1. Air Pollution Control, Monitoring, Operating Permits, Reporting and Record 

Keeping Requirements: Compliance Assurance Monitoring, Code of Federal Regulations 

Title 40, Parts 64 and 70.6, October 22, 1997 (62 FR 54900). 

Air Pollution Control, Monitoring, Operating Permits, Reporting and Record keeping 

Requirements: Compliance Assurance Monitoring, Code of Federal Regulations Title 40, Parts 

64, 70.6 and 71.6, October 22, 1997 (62 FR 54900). 

PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION 

I. Applicability 

I.A. General Applicability 

I.A.1. This Part D shall apply to any new or existing major stationary source. 

Any new major stationary source or major modification, to which the requirements of this Part D 

apply, shall not begin actual construction in a nonattainment, attainment, or unclassifiable area 

unless a permit has been issued containing all applicable state and federal requirements. 

I.A.2. Except as otherwise provided in Section XV. of this Part D, and consistent with the 

definition of major modification (Section II.A.22. of this part), a project is a major 

modification for a regulated NSR pollutant if it causes two types of emissions increasesa significant emissions increase (as defined in Section I/.A.43. of this part), and a 

significant net emissions increase (as defined in Sections II.A.26. and I/.A.42. of this 

part). The project is not a major modification if it does not cause a significant emissions 

increase. If the project causes a significant emissions increase, then the project is a 

major modification only if it also results in a significant net emissions increase. 

I.A.3. The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of 

emissions units being constructed or modified, according to Sections 1.8.1. through 1.8.3. 

of this part. The procedure for calculating (before beginning actual construction) whether 

a significant net emissions increase will occur at the major stationary source (i.e., the 

second step of the process) is contained in the definition of Net Emissions Increase 

(Section II.A.26. of this part). Regardless of any such preconstruction projections, a major 

modification results if the project causes a significant emissions increase and a significant 

net emissions increase. 

1.8. Applicability Tests 

1.8.1. Actual-to-projected-actual applicability test for projects that only involve existing 

emissions units. 

Regulation Number 3 

Adopted: October 20, 2011 Page 126 
A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of 

the difference between the projected actual emissions (as defined in Section II.A.36. of this part) 

and the baseline actual emissions (as defined in Sections II.A.4.a. and I/.A.4.b. of this part, as 

applicable), for each existing emissions unit, equals or exceeds the significant amount for that 

pollutant (as defined in Section II.A.42. of this part). 

1.8.2. Actual-to-potential test for projects that only involve construction of a new emissions 

unit(s). · 

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of 

the difference between the potential to emit (as defined in Section 1.8.35. of Part A of this 

regulation) from each new emissions unit following completion of the project and the baseline 

actual emissions (as defined in Section II.A.4. of this part) of these units before the project equals 

or exceeds the significant amount for that pollutant (as defined in Section /I.A.42. of this part). 

1.8.3. Hybrid test for projects that involve multiple types of emissions units. 

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of 

the emissions increases for each emissions unit, using the methods specified in Sections I. B. 1. 

through 1.8.3. of this part as applicable with respect to each type of emissions unit, equals or 

exceeds the significant amount for that pollutant (as defined in Section /I.A.42. of this part). 

I. 8.4. An owner or operator of a major stationary source who conducts the actual-to-projectedactual test for a project that requires a minor permit modification in accordance with 

Section X of Part C, requires a significant permit modification in accordance with Section 

I.A.3. of Part C, a modification as defined in Section 1.8.26. of Part A or that requires a 

minor source permit under Part 8 shall submit a permit application including: 

I.B.4.a. All calculations and supporting documentation used to determine baseline actual 

emissions of each emissions unit affected by the project; 

1.8.4.b. All calculations and supporting documentation used to determine projected actual 

emissions of each existing emissions unit affected by the project; 

I. 8.4.c. A determination of that portion of each existing unit's emissions following the 

project that the unit could have accommodated during the consecutive twentyfour month period used to establish the baseline actual emissions and that are 

unrelated to the project, including any increased utilization due to product 

demand growth; and, 

1.8.4.d. Any other information requested by the Division that may be needed to determine 

if a major modification will occur at each emissions unit affected by the project. 

The information submitted in accordance with Section I.B.4.a. through I.B.4.d., above, 

shall be incorporated into an appendix to the major stationary source's Title V Operating 

permit or as a permit note in the construction permit. 

The requirement that the owner or operator of a major stationary source who conducts 

the actual-to-projected-actual test for a project that requires a minor permit modification 

submit information in accordance with Sections 1.8.4.a. through 1.8.4.d., as set out in this 

Subsection 1.8.4., shall not be federally enforceable and shall not be incorporated into the 

state implementation plan. 

Regulation Number 3 

Adopted: October 20,2011 Page 127 
I. C. For any major stationary source requesting, or operating under, a Plant-wide Applicability 

Limitation (as defined in Section /I.A.32.) for a regulated NSR pollutant, the major stationary 

source shall comply with the requirements of Section XV. of this part. 

II. Definitions 

I I.A. The following definitions apply specifically to the provisions contained in this Part D. 

II.A.1. Actual Emissions 

The actual rate of emission of a regulated NSR pollutant from an emissions unit, 

determined as follows: 

II.A.1.a. Actual emissions as of a particular date shall equal the average rate, in tons per 

year, at which the unit actually emitted the pollutant during a two-year 

consecutive twenty-four month period that precedes the particular date and is 

representative of normal unit operation. A different period may be used if it is 

more representative of normal unit operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of 

materials processed, stored or com busted or actual emission data during the 

selected time period; 

II.A.1.b. The Division may presume that source-specific allowable emissions for the unit 

are equivalent to the actual emissions of the unit only if actual emissions cannot 

be determined pursuant to Section II.A.1.a., above; 

II.A.1.c. For any emissions unit (other than an electric utility steam generating unit) that 

has not begun normal operations on the particular date, actual emissions shall 

equal the potential to emit of the unit on that date. 

II.A.1.d. This definition shall not apply for calculating whether a significant emissions 

increase has occurred, or for establishing a PAL under Section XV. of Part D of 

this regulation. Instead, Sections /I.A.36. and II.A.4. of this part shall apply for 

these purposes. 

II.A.1.e. For an electric utility steam generating unit (other than a new unit or the 

replacement of an existing unit) actual emissions of the unit following the physical 

or operational change shall equal the representative actual annual emissions of 

the unit, provided the source owner or operator maintains and submits to the 

Division on an annual basis, for a period of five years from the date the unit 

resumes regular operation. information demonstrating that the physical or 

operational change did not result in an emissions increase. A longer period, not 

to exceed ten years, may be required by the Division if it determines such a 

period to be more representative of normal source post change operations. 

II.A.2. Actuals PAL 

For a major stationary source, means a PAL based on the baseline actual emissions (as defined 

in Section II.A.4. of this part) of all emissions units (as defined in the Common Provisions 

regulation) at the source that emit or have the potential to emit the PAL pollutant. 

II.A.3. Air Quality Related Value 

Any value of an area that may be affected by a change in air quality. Examples include flora, 

fauna, soil, water, visibility, cultural, and odor. 

Regulation Number 3 

Adopted: October 20,2011 Page 128 
II.A.4. Baseline Actual Emissions 

The rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in 

accordance with Sections II.A.4.a. through II.A.4.d. below. 

II.A.4.a. For any existing electric utility steam generating unit (as defined in Section 

/I.A. 14. of this part}, baseline actual emissions means the average rate, in tons 

per year, at which the unit actually emitted the pollutant during any consecutive 

twenty-four month period selected by the owner or operator within the five year 

period immediately preceding when the owner or operator begins actual 

construction of the project. The Division shall allow the use of a different time 

period upon a determination that it is more representative of normal source 

operation. 

II.A.4.a.(i) The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions. 

II.A.4.a.(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above 

any emission limitation that was legally enforceable during the 

consecutive twenty-four month period. 

II.A.4.a.(iii) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive twenty-four month period may be 

used to determine the baseline actual emissions for the emissions units 

being changed. A different consecutive twenty-four month period can be 

used for each regulated NSR pollutant. 

II.A.4.a.(iv) The average rate shall not be based on any consecutive twenty-four 

month period for which there is inadequate information for determining 

annual emissions, in tons per year, and for adjusting this amount if 

required by Section II.A.4.a.(ii). 

/I.A. 4. b. For an existing emissions unit (other than an electric utility steam generating 

unit}, baseline actual emissions means the average rate, in tons per year, at 

which the emissions unit actually emitted the pollutant during any consecutive 

twenty-four month period selected by the owner or operator within the ten year 

period immediately preceding either the date the owner or operator begins actual 

construction of the project, or the date a complete permit application is received 

by the Division for a permit required under this Part D, except that the ten year 

period shall not include any period earlier than November 15, 1990. 

Regulation Number 3 

Adopted: October 20, 2011 

II.A.4.b.(i) The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions. 

II.A.4.b.(ii) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above 

an emission limitation that was legally enforceable during the 

consecutive twenty-four month period. 

II.A.4.b.(iii) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with which 

the major stationary source must currently comply, had the major 

Page 129 
stationary source been required to comply with such limitations during 

the consecutive twenty-four month period. However, if an emission 

limitation is part of a maximum achievable control technology standard 

contained in Part E of Regulation Number 8, the baseline actual 

emissions need only be adjusted if the State has taken credit for such 

emissions reductions in an attainment demonstration or maintenance 

plan. 

II.A.4.b.(iv) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive twenty-four month period must be 

used to determine the baseline actual emissions for the emissions units 

being changed. A different consecutive twenty-four month period can be 

used for each regulated NSR pollutant. 

II.A.4.b.(v) The average rate shall not be based on any consecutive twenty-four 

month period for which there is inadequate information for determining 

annual emissions, in tons per year, and for adjusting this amount if 

required under Sections ll.A.4.b. (ii) and I/.A.4.b. (iii) of this part. 

ll.A.4.c. For a new emissions unit, the baseline actual emissions for purposes of 

determining the emissions increase that will result from the initial construction 

and operation of such unit shall equal zero; and thereafter, for all other purposes, 

shall equal the unit's potential to emit (as defined in Section 1.8.35. of Part A of 

this regulation). 

II.A.4.d. For a PAL for a major stationary source, the baseline actual emissions shall be 

calculated for existing electric utility steam generating units in accordance with 

the procedures contained in Section I/.A.4.a., for other existing emissions units in 

accordance with the procedures contained in Section ll.A.4.b., and for a new 

emissions unit in accordance with the procedures contained in Section I/.A.4.c. 

liAS. Baseline Area 

II.A.5.a. Any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Sections 1 07(d)(1 )(G8).(ill or (elii) of the Federal Act in 

which the major source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact for the 

pollutant for which the baseline date is established. as follows: equal to or greater 

than one microgram/cubic meter fH.1.J!g/m3) (annual average) for S02. N02, or 

PM1 0; or equal to or greater than 0.3 ug/m3) {annual average) of the pollutant 

for which the minor source baseline date is establishedfor PM2.5. 

II .A. 5. b. Area redesignations under Section 1 07(d)(1 )(.Q8).® or (eill) of the Federal Act 

cannot intersect or be smaller than the area of impact of any major stationary 

source or major modification that: 

II.A.5.b.(i) Establishes a minor source baseline date, or 

II.A.5.b.(ii) Is subject to this Part D, and would be constructed in the same state 

as the state proposing the redesignation. 

II.A.5.c. Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining the 

amount of available PM1 0 increments, except that such baseline area shall not 

Regulation Number 3 

Adopted: October 20, 2011 Page 130 
remain in effect if the permit authority rescinds the corresponding minor source 

baseline date in accordance with Section II.A.25.c. 

II.A.6. Baseline Concentration 

The ambient concentration level that exists in the baseline area at the time of the applicable 

minor source baseline date. A baseline concentration is determined for each pollutant for which a 

minor source baseline date is established and shall include: 

II.A.6.a. The actual emissions representative of sources in existence on the applicable 

minor source baseline date, except as otherwise provided in this definition; and 

II.A.6.b. The allowable emissions from major stationary sources that commenced 

construction before the major source baseline date, but were not in operation by 

the applicable minor source baseline date. 

II.A.6.c. The following will not be included in the baseline concentration and will affect the 

applicable maximum allowable increase(s): 

II.A.6.c.(i) Actual emissions from any major stationary source on which 

construction commenced after the major source baseline date; and 

II.A.6.c.(ii) Actual emission increases and decreases at any stationary source 

occurring after the minor source baseline date. 

II.A.7. Begin Actual Construction 

Initiation of physical on-site construction activities on an emissions unit that are of a permanent 

nature. Such activities include, but are not limited to, installation of building supports and 

foundations, laying of underground pipe work, and construction of permanent storage structures. 

With respect to a change in the method of operation, this term refers to those on-site activities 

other than preparatory activities that mark the initiation of the change. 

II.A.8. Best Available Control Technology (BACT) 

An emission limitation (including a visible emissions standard) based on the maximum degree of 

reduction of each regulated NSR pollutant that would be emitted from any proposed major 

stationary source or major modification that the Division or Commission, on a case-by-case basis, 

taking into account energy, environmental, and economic impacts and other costs, determines is 

achievable for such source or modification through application of production processes or 

available methods, systems, and techniques, including fuel cleaning or treatment or innovative 

fuel combustion techniques for control of such pollutant. In no event shall application of the best 

available control technology result in emissions of any pollutant that would exceed emissions 

allowed by the applicable standards in the Code of Federal Regulations, Title 40, Parts 60 and 61 

(Regulation Number 6, Part A, and Regulation Number 8, Part A) as in effect on the effective date 

of this clause, but not including later amendments, unless such amendments are specifically 

incorporated by reference in accordance with the provisions of Colorado Revised Statutes 

Section 24-4-103 (12.5). Information as to the availability of such standards may be obtained 

from the Director, Air Pollution Control Division, Colorado Department of Public Health and 

Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. 

If the Division or Commission determines that technological or economic limitations on the 

application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, it may instead prescribe designs, equipment, work 

practices, operational standards or combination thereof, to satisfy the requirement for the 

Regulation Number 3 

Adopted: October 20, 2011 Page 131 
application of best available control technology. Such standard shall, to the degree possible, set 

forth the emissions reduction achievable by implementation of such design, equipment, work 

practice or operation and shall provide for compliance by means that achieve equivalent results. 

II.A.9. Clean Coal Technology 

Any technology, including technologies applied at the pre-combustion; combustion, or postcombustion stage, at a new or existing facility that will achieve significant reductions in air 

emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the 

generation of electricity, or process steam which was not in widespread use as of November 15, 

1990. 

II.A.10. Clean Coal Technology Demonstration Project 

A project using funds appropriated under the heading "Department of Energy-Clean Coal 

Technology," up to a total amount of $2.5 billion for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for the U.S. EPA The federal 

contribution for a qualifying project shall be at least twenty percent of the total cost of the 

demonstration project. 

II.A.11. Complete 

In reference to an application for a major NSR permit, an application that contains all the 

information necessary for processing the application. Designating an application complete for 

purposes of permit processing does not preclude the Division from requesting or accepting any 

additional information. 

II.A.11.a. At a minimum, a complete application for a permit to construct a major source 

or major modification subject to the requirements of this Part D shall include: 

II.A.11.a.(i) All monitoring data required pursuant to this regulation and an analysis of 

ambient air quality in accordance with Section VI.A.3. of this part; 

II.A.11.a.(ii) The impact analysis required by Section VI.A.2. of this part, a written 

summary of the data inputs to the model, and a topographic presentation of the 

resultant concentrations of each pollutant modeled for each applicable ambient 

standard or Prevention of Significant Deterioration increment within the impact 

area of the source; 

II.A.11.a.(iii) A report of the regulatory status of the model pursuant to Section VIII.A.1. of 

Part A; 

II.A.11.a.(iv) A demonstration that the proposed technological system of continuous 

emission reduction that is to be used will enable such source to comply 

continuously with the standards of performance that are to apply to such source 

and that the emission inputs to the model for the impact analysis are equivalent 

to the emissions allowed by such standards of performance; 

II.A.11.a.(v) A description of the devices or systems that will be installed to monitor the 

emissions of each pollutant that will be emitted in significant amounts, 

maintaining such devices or systems, and the schedule and format for reporting 

the results of such emission monitoring to the Division; 

Regulation Number 3 

Adopted: October 20, 2011 Page 132 
II.A.11.a.(vi) The additional impact analysis required by Section VI.A.6. of this part, any 

demonstration of facts needed to establish a claim by the applicant to qualify for 

any exemption or exclusion under Section VI. B. of this part; 

II.A.11.a.(viif A schedule of construction in accordance with Section III.G.2. of Part B; 

II.A.11.a.(viii) An additional copy of the application for the federal land manager of each 

affected Class 1 area, for the U.S. EPA, for the county Commissioner, and for 

public notice (county clerk). Two additional copies shall be submitted for 

interested public groups. 

I I.A. 12. Construction 

Any physical change or change in the method of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions unit) that would result in a change in 

actual emissions 

II.A.13. Emissions Unit 

Any part of a stationary source that emits or would have the potential to emit any regulated NSR 

pollutant and includes an electric steam-generating unit as defined in Section /I.A. 14. of this part. 

For purposes of this Part D, there are two types of emissions units described in Section I/.A.13.a. 

and II.A.13.b., below. 

II.A.13.a. A new emissions unit is any emissions unit that is (or will be) newly constructed 

and that has existed for less than two years from the date such emissions unit 

first operated. 

II.A.13.b. An existing emissions unit is any emissions unit that does not meet the 

requirements in Section II.A.13.a., above. A replacement unit (as defined in 

Section II.A.39. of this part) is an existing emissions unit. 

II.A.14. Electric Utility Steam Generating Unit 

Any steam electric generating unit that is constructed for the purpose of supplying more than onethird of its potential electrical output capacity and more than twenty-five megawatts electrical 

output to any utility power distribution system for sale. Any steam supplied to a steam distribution 

system for the purpose of providing steam to a steam-electric generator that would produce 

electrical energy for sale is also considered in determining the electrical energy output capacity of 

the affected facility. 

II.A.15. Federal Land Manager (FLM) 

With respect to any lands of the United States, the secretary of the department with authority over 

such lands. 

II.A.16. High Terrain 

Any area having an elevation nine hundred feet or more above the base of the stack of a source. 

II.A.17. Hydrocarbon combustion flare 

Either a flare used to comply with an applicable new source performance standard or maximum 

achievable control technology standard (including uses of flares during startup, shutdown, or 

malfunction permitted under such standard), or a flare that serves to control emissions of waste 

Regulation Number 3 

Adopted: October 20, 2011 Page 133 
streams comprised predominately of hydrocarbons and containing no more than 230 mgldscm 

hydrogen sulfide. 

II.A.18. Innovative Control Technology 

Any system of air pollution control that has not been adequately demonstrated in practice, but 

would have a substantial likelihood of achieving greater continuous emissions reduction than any 

control system in current practice or of achieving at least comparable reductions at lower cost in 

terms of energy, economics, or non-air quality environmental impacts. 

II.A.19. Low Terrain 

Any area other than high terrain. 

II.A.20. Lowest Achievable Emissions Rate (LAER) 

For any source, the more stringent rate of emissions based on the following: 

II.A.20.a. The most stringent emission limit contained in any state implementation plan for 

such class or category of stationary source, unless the owner or operator of the 

proposed stationary source demonstrates that such limits are not achievable; or 

II.A.20.b. The most stringent emission limitation that is achieved in practice or can 

reasonably be expected to occur in practice by such class or category of source, 

taking into consideration the pollutant that must be controlled. In no event shall 

application of the term permit a proposed new or modified stationary source to 

emit any pollutant in excess of the amount allowable under an applicable new 

source performance standard (Regulation Number 6). 

II.A.21. Major Emissions Unit 

II.A.21.a. Any emissions unit that emits or has the potential to emit one hundred tons per 

year or more of the PAL pollutant in an attainment area; or 

II.A.21.b. Any emissions unit that emits or has the potential to emit the PAL pollutant in 

an amount that is equal to or greater than the major stationary source threshold 

(as defined in Section II.A.24. of this pari) for the PAL pollutant for nonattainment 

areas. For example, in accordance with the definition of a major stationary 

source (as defined in Section II.A.24.ofthis pari), an emissions unit would be a 

major emissions unit for volatile organic compounds if the emissions unit is 

located in an ozone nonattainment area and emits or has the potential to emit 

one hundred or more tons of voc per year. 

II.A.22. Major Modification 

Any physical change in or change in the method of operation of. or addition to. a major stationary 

source that would result in a significant net emissions increase of a regulated NSR pollutant 

(taking into account all emissions decreases and increases at the source that would accompany 

the modification) and a significant net emissions increase of that pollutant from the major 

stationary source. 

II.A.22.a. Any significant emissions increase from any emissions units or net emissions 

increase at a major stationary source that is significant for volatile organic 

compounds or NOx shall be considered significant for ozone. 

Regulation Number 3 

Adopted: October 20,2011 Page 134 
II.A.22.b. In the Denver Metropolitan PM10 nonattainment area, any net emission 

increase that is significant for sulfur dioxide or nitrogen oxides shall be 

considered significant for PM10. 

II.A.22.c. A physical change or change in the method of operation shall not include 

routine maintenance, repair, and replacement. 

II.A.22.d. A physical change or change in the method of operation, unless previously 

limited by any enforceable or federally enforceable permit condition that was 

established after January 6, 1975 for sources in attainment or unclassifiable 

areas and after December 21, 1976 for sources in nonattainment areas, shall not 

include: 

Regulation Number 3 

Adopted: October 20, 2011 

II.A.22.d.(i) Use of an alternative fuel or raw material by reason of an order in 

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

Environmental Coordination Act of 1974 (or any superseding legislation), 

a prohibition under the Power Plant and Industrial Fuel Use Act of 1978 

(or any superseding legislation) or by reason of a natural gas curtailment 

plan in effect pursuant to the Federal Power Act; 

II.A.22.d.(ii) Use of an alternative fuel because of an order or rule under Section 

125 of the Federal Act; 

/I.A. 22. d. (iii) Use of an alternative fuel at a steam-generating unit to the extent 

that the fuel is generated from municipal solid waste 

II.A.22.d.(iv) Use of an alternative fuel or raw material that: 

II.A.22.d.(iv)(A) the stationary source in a nonattainment area was 

capable of accommodating prior to December 21, 1976, unless 

such change would be prohibited under a federally enforceable 

permit condition, or 

II.A.22.d.(iv)(B) the stationary source in an attainment or unclassifiable 

area was capable of accommodating prior to January 6, 1975 

unless such change would be prohibited under a federally 

enforceable permit condition, or 

II.A.22.d.(iv)(C) the source is approved to use under any permit issued 

under this Regulation Number 3. 

II.A.22.d.(v) An increase in the production rate, unless such change would be 

prohibited under a federally enforceable permit condition; 

II.A.22.d.(vi) An increase in the hours of operation, unless such increase would 

be prohibited under a federally enforceable permit condition; or 

II.A.22.d.(vii) Any change in ownership of a stationary source. 

II.A.22.d.(viii) The installation, operation, cessation, or removal of a temporary 

clean coal technology demonstration project, if the project complies with: 

II.A.22.d.(viii)(A) The Colorado State Implementation Plan, and 

Page 135 
II.A.22.d.(viii)(B) Other requirements necessary to attain and maintain 

the National Ambient Air Quality Standards during the project 

and after it is terminated. 

II.A.22.d.(ix) For major stationary sources in attainment areas: 

II.A.22.d.(ix)(A) The installation or operation of a permanent clean coal 

technology demonstration project that constitutes re-powering, 

provided that the project does not result in an increase in the 

potential to emit of any regulated pollutant emitted by the unit. 

The exemption shall apply on a pollutant-by-pollutant basis. 

II.A.22.d.(ix)(B) the reactivation of a very clean coal fired electric utility 

steam generating unit. 

II.A.22.d.(x) The reactivation of a very clean coal fired electric utility steam 

generating unit. 

I/.A.22.e. This definition shall not apply with respect to a particular regulated NSR 

pollutant when the major stationary source is complying with the requirements 

under Section XV. of this Part D for a PAL for that pollutant. Instead, the 

definition in Section II.A.30. of this part shall apply. 

II.A.22.f. Emissions caused by indirect sources of pollution, emissions from internal 

combustion engines on any vehicle, and emissions resulting from temporary 

construction or exploration activities shall be excluded in determining whether a 

major modification will occur. 

Emissions from on-going construction are not considered to be temporary 

emissions, and are included in determining whether a major modification will 

occur. 

Fugitive emissions from the listed sources in Section II.A.24.a. and any other 

stationary source category that, as of August 7, 1980 was regulated under 

Sections 111 or 112 of the Federal Act (as adopted in Regulations Nos. 6, Part 

A, and 8, Parts A and E) shall, to the extent quantifiable, be considered in 

calculating the potential to emit of the modification. 

II.A.23. Major Source Baseline Date 

II.A.23.a. In the case of particulate matterPM10 and sulfur dioxide, January 6, 1975; aR4 

II.A.23.b. In the case of nitrogen dioxide, February 8, 1988: and 

II.A.23.c. In the case of PM2.5, October 20, 2011. 

II.A.24. Major Stationary Source 

II.A.24.a. For the purpose of determining whether a source in an attainment or 

unclassifiable area is subject to the requirements of this Part D, major stationary 

source means: 

Regulation Number 3 

Adopted: October 20, 2011 

II.A.24.a.(i) Any of the following stationary sources of air pollutants that emits, or 

has the potential to emit, one hundred tons per year or more of any 

regulated NSR pollutant: 

Page 136 
Regulation Number 3 

Adopted: October 20, 2011 

II.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input 

II.A.24.a.(i)(B) Coal cleaning plants (with thermal dryers) 

II.A.24.a.(i)(C) Kraft pulp mills 

II.A.24.a.(i)(D) Portland cement plants 

II.A.24.a.(i)(E) Primary zinc smelters 

II.A.24.a.(i)(F) Iron and steel mill plants 

II.A.24.a.(i)(G) Primary aluminum ore reduction plants 

II.A.24.a.(i)(H) Primary copper smelters 

II.A.24.a.(i)(l) Municipal incinerators capable of charging more than 250 

tons of refuse per day 

II.A.24.a.(i)(J) Hydrofluoric, sulfuric, and nitric acid plants 

II.A.24.a.(i)(K) Petroleum refineries 

II.A.24.a.(i)(L) Lime plants 

II.A.24.a.(i)(M) Phosphate rock processing plants 

II.A.24.a.(i)(N) Coke oven batteries 

II.A.24.a.(i)(O) Sulfur recovery plants 

II.A.24.a.(i)(P) Carbon black plants (furnace process) 

II.A.24.a.(i)(Q) Primary lead smelters 

II.A.24.a.(i)(R) Fuel conversion plants 

II.A.24.a.(i)(S) Sintering plants 

II.A.24.a.(i)(T) Secondary metal production plants 

II.A.24.a.(i)(U) Chemical process plants 

II.A.24.a.(i)(V) Fossil fuel boilers (or combinations thereof) totaling more 

than 250 million British thermal units per hour heat input 

II.A.24.a.(i)(W) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels 

II.A.24.a.(i)(X) Taconite ore processing plants 

II.A.24.a.(i)(Y) Glass fiber processing plants 

II.A.24.a.(i)(Z) Charcoal production plants 

Page 137 
II.A.24.a.(ii) Notwithstanding the stationary source size specified in Section 

II.A.24.a.(i), any stationary source that emits, or has the potential to emit, 

two hundred and fifty tons per year or more of any regulated NSR 

pollutant. 

II.A.24.b.For the purpose of determining whether a source in a nonattainment area is 

subject to the requirements of Section V. of this part, and whether a source in an 

attainment area affecting a nonattainment area is subject to the requirements of 

Section VI. D. of this part, major stationary source means any stationary source of 

air pollutants that emits, or has the potential to emit 100 tons per year or more of 

any regulated NSR pollutant for which the area is nonattainment. Additionally, a 

source causing or contributing to a violation of a national ambient air quality 

standard for any pollutant regulated under Section 110 of the Federal Act shall 

be considered a major stationary source when it has the potential to emit one 

hundred tons per year or more of that pollutant. The source will be considered to 

cause or contribute to a violation where the source exceeds the significance 

levels in the table under Section VI.D.2. of this Part D. Such source is subject to 

the requirements of Section VI. of this Part D. 

II.A.24.c.Major stationary source includes any physical change that would occur at a 

stationary source not otherwise qualifying as a major stationary source under 

Sections II.A.24.a and II.A.24.b. of this part, if the change would constitute a 

major stationary source by itself. 

II.A.24.d.A major stationary source that is major for volatile organic compounds or NOx 

shall be considered major for ozone, except that emissions of negligibly reactive 

volatile organic compounds, as defined in the Common Provisions, shall not be 

included in the determination of major stationary source status for ozone. 

II.A.24.e.The fugitive emissions of a stationary source shall not be included in 

determining for any of the purposes of this section whether it is a major stationary 

source, unless the source belongs to one of the categories of stationary sources 

listed in Section II.A.24.a.(i) or any other stationary source category which, as of 

August 7, 1980, is regulated under Section 111 or 112 of the Federal Act. 

II.A.24.f.Emissions caused by indirect air pollution sources (as defined in Section 1.8.24. 

of Part A of this regulation), emissions from internal combustion engines on any 

vehicle, and emissions resulting from temporary activities, such as construction 

or exploration, shall be excluded in determining whether a source is a major 

stationary source. Emissions from on-going construction are not considered to 

be temporary emissions and are included in determining whether a major 

modification will occur. 

II.A.24.g.A major stationary source in the Denver Metro PM10 attainment/maintenance 

area that is major for sulfur dioxide or nitrogen oxides shall be considered major 

for PM10. 

II.A.25. Minor Source Baseline Date 

II.A.25.a.The earliest date after the trigger date that a major stationary source or a major 

modification subject to the requirements of Section VI. of this Part D submits a 

complete application under the relevant regulations. The trigger date is: 

Regulation Number 3 

Adopted: October 20,2011 

II.A.25.a.(i) In the case of particulate matterPM1 0 and sulfur dioxide, August 

7, 1977; aOO 

Page 138 
II.A.25.a.(ii) In the case of nitrogen dioxide, February 8, 1988; and 

II.A.25.a.(iii) In the case of PM2.5. October 20. 2011. 

II.A.25.b. The baseline date is established for each pollutant for which increments 

or other equivalent measures have been established if: 

II.A.25.b.(i) The area in which the proposed source or modification would 

construct is designated as attainment or unclassifiable under Sections 

1 07(d)(1 )(98).(.ill or (elli) of the Federal Act for the pollutant on the date 

of its complete application under Section VI. of this part; and 

II.A.25.b.(ii) In the case of a major stationary source the pollutant would be 

emitted in significant amounts, or, in the case of a major modification, 

there would be a significant net emissions increase of the pollutant. 

II.A.25.c. Any minor source baseline date established originally for the Total Suspended 

Particulates increments shall remain in effect and shall apply for purposes of 

determining the amount of available PM1 0 increments, except that the Division 

may rescind any such minor source baseline date where it can be shown, to the 

satisfaction of the Division, that the emissions increase from the major stationary 

source, or the net emissions increase from the major modification, responsible 

for triggering that date did not result in a significant amount of PM1 0 emissions. 

II.A.26. Net Emissions Increase 

II.A.26.a. With respect to any regulated NSR pollutant emitted by a major stationary 

source, the amount by which the sum of the following exceeds zero: 

II.A.26.a.(i) The increase in the actual emissions from a particular physical 

change or change in the method of operation at a stationary source 

calculated pursuant to Sections I.A.2. through I.A.3., and I. B. of this Part 

D; and 

II.A.26.a.(ii) Any other increases and decreases in actual emissions at the 

major stationary source that are contemporaneous with the particular 

change and are otherwise creditable. Baseline actual emissions for 

calculating increases and decreases under this paragraph shall be 

determined as provided in the definition of baseline actual emissions, 

except that paragraphs II.A.4.a.(iii) and II.A.4.b.(iv) of this Part D shall 

not apply. 

II.A.26.b. Contemporaneous- an increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if it occurs 

within five years prior to the date that the increase from the particular change 

occurs. 

II.A.26.c. An increase or decrease in actual emissions is creditable only if: 

Regulation Number 3 

Adopted: October 20,2011 

II.A.26.c.(i) It occurs within five years before the date that the increase or 

decrease occurs; and 

II.A.26.c.(ii) The Division has not relied on it in issuing a permit for the source 

under Regulation Number 3, or the U.S. EPA has not relied on it in 

issuing a permit under Title I, Part C of the Federal Act, which permit is in 

Page 139 
effect when the increase in actual emissions from the particular change 

occurs; and' 

II.A.26.c.(iii) In order to establish a baseline emissions rate. the owner or 

operator must submit an Air Pollutant Emission Notice to the Division 

prior to the increase or decrease indicating actual emissions (as defined 

in Section II.A.1. of this of part) and the owner or operator must submit a 

revised Air Pollutant Emission Notice to the Division within one year after 

the increase or decrease occurs. or 

II.A.26.c.(ililY) The owner or operator provides credible, demonstrable evidence 

to the Division of what actual emissions were before making the increase 

or decrease and what they were after making the increase or decrease;. 

ami,. 

II.A.26.d. In order to establish a baseline emissions rate, the ovmer or operator must 

submit an Air Pollutant Emission Notice to the Division prior to the increase or 

decrease indicating actual emissions (as defined in Section IU\.1. of this of part) 

and the owner or operator must submit a revised Air Pollutant Emission Notice to 

the Division within one year after the increase or decrease occurs, or 

II.A.26.e.Q. An increase or decrease in actual emissions of sulfur dioxide, particulate 

matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating the 

amount of maximum allowable increases remaining available. With respect to 

particulate matter, only PM10 emissions can be used to evaluate the net 

emissions increase for PM10 and only PM2.5 emissions can be used to evaluate 

the net emissions increase for PM2.5. 

II.A.26.fg. An increase in actual emissions is creditable only to the extent that the new 

level of actual emissions exceeds the old level. 

II.A.26.gf. A decrease in actual emissions is creditable only to the extent that: 

II.A.26.gf.(i) The Division has not relied on it in issuing any permit under this Part 

D, or has not relied on it in demonstrating attainment or reasonable 

further progress: 

II.A.26.gf.(ii) The old level of actual emissions or the old level of allowable 

emissions, whichever is lower, exceeds the new level of actual 

emissions; 

II.A.26.gf.(iii) It is federally enforceable as a practical matter at and after the time 

that actual construction on the particular change begins; and 

II.A.26.gf.(iv) It has approximately the same qualitative significance for public 

health and welfare as that attributed to the increase from the particular 

change; and 

II.A.26.flg. An increase that results from a physical change at a source occurs when the 

emissions unit on which construction occurred becomes operational and begins 

to emit a particular pollutant. Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, not to exceed 

one hundred and eighty days. 

Regulation Number 3 

Adopted: October 20,2011 Page 140 
II.A.26.i!J.. Section II.A.1.a. of this part shall not apply for determining creditable increases 

and decreases after a change. 

II.A.26.j!. The organic compounds referenced in the common provisions definition of 

negligibly reactive volatile organic compounds are neither counted as reactive 

volatile organic compounds in determining significant ozone increases nor 

creditable against an increase in emissions of any volatile organic compound. 

II.A.26.kj. Creditable Decreases for Fuel Switching. 

Generally, for credit to be given for the emissions reduction in potential to emit or 

actual emissions resulting from a physical change or change in method of 

operation of a major stationary source occurring on or after the effective date of 

this rule, an Air Pollutant Emission Notice reporting such reduction must be filed 

within one year after the reduction occurs unless an extension is requested by 

the source and approved by the Division due to uncertainty as to the 

permanence of such reduction. At the time credit for any reduction is requested, 

such reduction must be enforceable. Such reductions must be enforceable 

through permit conditions or source specific state implementation plan revisions. 

II.A.27. Nonattainment Major New Source Review (NSR) Program 

A major stationary source preconstruction permit program that has been approved by the 

Administrator and incorporated into this Regulation Number 3. Any permit issued under the 

program is a major NSR permit. 

II.A.28. PAL Effective Date 

Generally means the date of issuance of the PAL permit. However, the PAL effective date for an 

increased PAL is the date any emissions unit that is part of the PAL major modification becomes 

operational and begins to emit the PAL pollutant. 

II.A.29. PAL Effective Period 

The period beginning with the PAL effective date and ending ten years later. 

II.A.30. PAL Major Modification 

Notwithstanding Sections /I.A. 22 and /I.A. 26. of this Part D (the definitions for major modification 

and net emissions increase), any physical change in or change in the method of operation of the 

PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

II.A.31. PAL Permit 

The Operating Permit issued in accordance with this Part D that establishes a PAL for a major 

stationary source. 

II.A.32. PAL Pollutant 

The pollutant for which a PAL is established at a major stationary source. 

II.A.33. Plant-wide Applicability Limitation (PAL) 

Regulation Number 3 

Adopted: October 20,2011 Page 141 
An emission limitation expressed in tons per year, for a pollutant at a major stationary source that 

is enforceable as a practical matter and established source-wide in accordance with Section XV. 

of this Part D. 

II.A.34. Prevention of Significant Deterioration (PSD) Permit 

Any permit that is issued in accordance with Section VI. of this Part D. 

II.A.35. Project 

A physical change in, or change in the method of operation of, an existing major stationary 

source. 

II.A.36. Projected Actual Emissions 

ll.A.36.a. The maximum annual rate, in tons per year, at which an existing emissions unit 

at a major stationary source is projected to emit a regulated NSR pollutant in any 

one of the five years (twelve-month period) following the date the unit resumes 

regular operation after the project, or in any one of the ten years following that 

date, if the project involves increasing the emissions unit's design capacity or its 

potential to emit of that regulated NSR pollutant and full utilization of the unit 

would result in a significant emissions increase or a significant net emissions 

increase at the major stationary source. 

ll.A.36.b. In determining the projected actual emissions under Section ll.A.36.a., above, 

before beginning actual construction, the owner or operator of the major 

stationary source: 

ll.A.36.b.(i) Shall consider all relevant information, including but not limited to, 

historical operational data, the company's own representations, the 

company's expected business activity and the company's highest 

projections of business activity, the company's filings with the State or 

Federal regulatory authorities, and compliance plans; and 

ll.A.36.b.(ii) Shall include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions; and 

ll.A.36.b.(iii) Shall exclude, in calculating any increase in emissions that results 

from the particular project, that portion of the unit's emissions following 

the project that an existing unit could have accommodated during the 

consecutive twenty-four month period used to establish the baseline 

actual emissions under Section ll.A.4. of this part D and that are also 

unrelated to the particular project, including any increased utilization due 

to product demand growth; or, 

ll.A.36.b.(iv) In lieu of using the method set out in Sections ll.A.36.b.(i) through 

ll.A.36.b.(iii), may elect to use the emissions unit's potential to emit, in 

tons per year, as defined in Section 1.8.37. of Part A of this regulation. 

II.A.37. Reactivation of Very Clean Coal-fired Electric Utility Steam Generating Unit 

Any physical change or change in the method of operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a period of discontinued operation where 

the unit: 

Regulation Number 3 

Adopted: October 20,2011 Page 142 
II.A.37.a. Has not been in operation for the two year period prior to the enactment of the 

Clean Air Act Amendments of 1990, and the emissions from such unit continue to 

be carried in the permitting authority's emissions inventory at the time of the 

enactment; 

II.A.37.b. Was equipped prior to shut-down with a continuous system of emissions control 

that achieves a removal efficiency for sulfur dioxide of no less than eighty-five 

percent and a removal efficiency for particulates of no less than ninety-eight 

percent; 

II.A.37.c. Is equipped with low-nitrogen oxide burners prior to the time of commencement 

of operations following reactivation; and 

II.A.37.d. Is otherwise in compliance with the requirements of the Federal Act. 

II.A.38. Regulated NSR Pollutant 

II.A.38.a. Nitrogen oxides or any volatile organic compound; 

II.A.38.b. Any pollutant for which a national ambient air quality standard has been 

promulgated; 

II.A.38.c. Any pollutant that is a constituent or precursor of a general pollutant listed 

under Sections II.A.38.a. or II.A.38.b., above,( e.g. volatile organic compounds 

and oxides of nitrogen are precursors for ozone) provided that such a constituent 

or precursor pollutant may only be regulated under NSR as part of regulation of 

the general pollutant. Precursors for the purposes of New Source Review are the 

following: 

II.A.38.c.(i) Nitrogen oxides or any volatile organic compound are precursors to 

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

II.A.38.c.(iii) Nitrogen oxides are precursors to PM2.5. 

II.A.38.d. Any pollutant that is subject to any standard promulgated under Section 111 of 

the Federal Act; 

II.A.38.e. Any pollutant that otherwise is subject to regulation under the Federal Act as 

defined in Section 1.8.44. or Part A; 

II.A.38.f._ Notwithstanding Sections II.A.38.a. through e. of this Part D, the term 

regulated NSR pollutant shall not include any or all hazardous air pollutants 

either listed in Section 112 of the Federal Act (that have not been delisted 

pursuant to Section 112(b)(3) of the Federal Act) or Appendix B of this regulation, 

unless the listed hazardous air pollutant is also regulated as a constituent or 

precursor of a general pollutant listed under Section 108 of the Federal Act. 

II.A.38.g. Particulate matter (PM) emissions, PM2.5 emissions. and PM10 emissions 

shall include gaseous emissions from a source or activity which condense to 

form particulate matter at ambient temperatures. On or after Januarv 1. 2011. 

such condensable particulate matter shall be accounted for in applicability 

determinations and in establishing emissions limitations for PM, PM2.5 and 

Regulation Number 3 

Adopted: October 20,2011 

PM1 0 in PSD permits. Compliance with emission limitations for PM, PM2.5 and 

Page 143 
PM10 issued prior to this date shall not be based on condensable particulate 

matter unless required by the terms and conditions of the permit or the applicable 

implementation plan. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in violation 

of this section. 

II.A.39. Replacement Unit 

An emissions unit for which all the criteria listed in Sections I/.A.39.a. through II.A.39.d. are met. 

No creditable emission reductions shall be generated from shutting down the existing emissions 

unit that is replaced. 

I/.A.39.a. The emissions unit is a reconstructed unit within the meaning of Code of 

Federal Regulations Title 40, Section 60.15(b)(1), or the emissions unit 

completely takes the place of an existing emissions unit. 

I/.A.39.b. The emissions unit is identical to or functionally equivalent to the replaced 

emissions unit. 

I/.A.39.c. The replacement does not alter the basic design parameters of the process 

unit. 

I/.A.39.d. The replaced emissions unit is permanently removed from the major stationary 

source, otherwise permanently disabled, or permanently barred from operation 

by a permit that is enforceable as a practical matter. If the replaced emissions 

unit is brought back into operation, it shall constitute a new emissions unit. 

II.A.40. Repowering 

II.A.40.a. Replacement of an existing coal-fired boiler with one of the following clean coal 

technologies: atmospheric or pressurized fluidized bed combustion, integrated 

gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined by the 

Administrator, in consultation with the Secretary of Energy, a derivative of one or 

more of these technologies, and any other technology capable of controlling 

multiple combustion emissions simultaneously with improved boiler or generation 

efficiency and with significantly greater waste reduction relative to the 

performance of technology in widespread commercial use as of November 15, 

1990. 

II.A.40.b. Repowering shall also include any oil and/or gas-fired unit that have been 

awarded clean coal technology demonstration funding as of January 1, 1991, by 

the Department of Energy. 

II.A.40.5 Representative Actual Annual Emissions 

The average rate. in tons per year. at which the source is projected to emit a pollutant for the two 

year period after a physical change or change in the method of operation of a unit. (or a different 

consecutive two-year period within ten years after the change. where the Division determines that 

such period is more representative of normal source operations). considering the effect any such 

change will have on increasing or decreasing the hourly emissions rate and on projected capacity 

utilization. In projecting future emissions. the Division shall: 

II.A.40.5(a) Consider all relevant information, including but not limited to. historical 

operational data. the company's own representations. filings with the state or 

Regulation Number 3 

Adopted: October 20, 2011 Page 144 
federal regulatory authorities. and compliance plans under Title IV of the Federal 

Act; and 

II.A.40.5(b) Exclude, in calculating any increase in emissions that results from the 

particular physical change or change in the method of operation at an electric 

utility steam generating unit, that portion of the unit's emissions following the 

change that could have been accommodated during the representative baseline 

period and is attributable to an increase in projected capacity utilization at the 

unit that is unrelated to the particular change, including any increased utilization 

due to the rate of electricity demand growth for the utility system as a whole. 

II.A.41. Secondary Emissions 

Emissions that occur as a result of the construction or operation of a major stationary source or 

major modification, but do not come from the major stationary source or major modification itself. 

For the purpose of this Pari D, secondary emissions must be specific, well defined, quantifiable, 

and impact the same general area as the stationary source or modification that causes the 

secondary emissions. Secondary emissions include emissions from any offsite support facility 

that would not otherwise be constructed or increase its emissions except as a result of the 

construction or operation of the major stationary source or major modification. Secondary 

emissions do not include any emissions that come directly from a mobile source, such as 

emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

II.A.42. Significant 

II.A.42.a. Unless the context otherwise requires,,-a significant rate of emissions in tons 

per year is defined as a value that would equal or exceed any of the following: 

Regulation Number 3 

Adopted: October 20,2011 

Carbon monoxide: 100 tons per year 

Nitrogen Oxides: 40 (nitric oxide+ nitrogen dioxide) tons per year 

Sulfur dioxide: 40 tons per year 

Particulate matter: 25 tons per year particulate matter emissions ... or, 15 tons per 

year of PM1 0 emissions 

PM10- Precursors in the Denver Metropolitan PM10 ROOattainment 

/maintenance area: 40 tons per year for each individual precursor (nitrogen 

oxides or sulfur oxides) 

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

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

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

Lead: 0.6 tons per year 

Fluorides: 3 tons per year 

Sulfuric acid mist: 7 tons per year 

Hydrogen sulfide: 1 0 tons per year 

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

Page 145 

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

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

year (3.5 x 10-6 tons per year) 

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

megagrams per year (15 tons per year) 

Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and 

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

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

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

II.A.42.b. Significant means, in reference to a net emissions increase or the potential of a 

source to emit a regulated NSR pollutant that this definition does not list, any 

emissions rate, except that this definition shall not apply to hazardous air 

pollutants listed in or pursuant to Section 112 of the Federal Act. 

II.A.42.c. Notwithstanding the significant emission rates above, significant means any 

emissions rate or any net emissions increase associated with a major stationary 

source or major modification, that would construct within ten kilometers of a 

Class I area, and have an impact on such area equal to or greater than one 

microgram/cubic meter ((g/m3) (twenty-four hour average). 

II.A.43. Significant Emissions Increase 

For a regulated NSR pollutant, an increase in emissions that is significant (as defined in Section 

II.A.42. of this Part D) for that pollutant. 

II.A.44. Significant Emissions Unit 

An emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is 

equal to or greater than the significant level (as defined in Section I/.A.42. of this Part Dorin the 

Federal Act, whichever is lower) for that PAL pollutant, but less than the amount that would 

qualify the unit as a major emissions unit (as defined in Section I/.A.21. of this part). 

II.A.45. Small Emissions Unit 

An emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than 

the significant level for that PAL pollutant (as defined in Section I/.A.32. of this Part Dorin the 

Federal Act, whichever is lower). 

II.A.46. Temporary Clean Coal Technology Demonstration Project 

A clean coal technology demonstration project that is operated for a period of five years or less, 

and that complies with the state implementation plan and other requirements necessary to attain 

and maintain the National Ambient Air Quality Standards during the project and after it is 

terminated. 

Ill. Permit Review Procedures 

Regulation Number 3 

Adopted: October 20,2011 Page 146 
Ill .A. Major stationary sources subject to the requirements of this Part D must apply for and obtain a 

Construction Permit in accordance with the procedures and requirements in Part 8 or an 

Operating permit in accordance with the procedures and requirements in Part C. 

111.8. The Division shall complete the processing of applications (including any requested public 

hearing) for sources subject Section.§ VI. and VII. of this Part D within twelve months of receipt of 

a complete application. 

IV. Public Comment Requirements 

IVA When public comment is required, or when the Division determines that an application warrants 

public comment in accordance with Section III.C.3. of Part 8 of this regulation, the Division shall, 

within fifteen calendar days after the preparation of the preliminary analysis, cause public notice 

of the application to be published in a newspaper of general distribution in the area in which the 

proposed project or activity is or will be located, and by such other means as necessary to assure 

notice to the affected public, which may include posting of such notice on the publicly accessible 

portion of the Division's web site, and cause a copy of the application, the preliminary analysis 

and the draft permit to be filed with the county clerk for each county in which the source is, or will 

be, located. The Division shall send written or electronic notice to persons requesting a notice of 

permit applications for the type of source or geographic area. 

IV.A.1. For sources subject to the provisions of Sections V. and VI. of this part, a copy of all the 

materials the applicant submitted, and a copy or summary of other materials, if any, 

considered in making the preliminary analysis shall be filed with the county clerk for each 

county in which the source is or will be located. In addition, for sources subject to the 

provisions of Sections V. and VI., a copy of the written or electronic notice of public 

comment shall be sent to the applicant, the U.S. EPA Administrator, and to officials and 

agencies having cognizance over the location where the proposed construction would 

occur, including any other state or local air pollution control agencies and any state, 

Indian governing body or Federal Umd Manager whose lands may be affected by 

emissions from the source or modification. 

IV.A.2. Additionally, for permit applications subject to the requirements of this Part D, the notice 

shall contain the following information: 

IV.A.2.a. That comments are solicited on an innovative technological system for pollution 

control if proposed by the applicant and that a hearing by the Commission will be 

held on such system if requested by any interested person; 

IV.A.2.b. That comments are solicited on the air quality impacts of the source or 

modification; 

IV.A.2.c. That comments are solicited on alternatives to the source or modification; 

IV.A.2.d. That any interested person may submit a written request for a public comment 

hearing to be held pursuant to Section 1. 7.0. of the Commission's procedural 

rules to receive comments regarding the foregoing concerns, the sufficiency of 

the preliminary analysis, and whether the Division should approve or deny the 

permit application; and 

IV.A.2.e. The degree of increment consumption that is expected from the source or 

modification. 

IV.A.3. Within fifteen calendar days after the preparation of the preliminary analysis for those 

applications subject to the requirements of this Part D, the Division shall forward to the 

Regulation Number 3 

Adopted: October 20, 2011 Page 147 

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applicant written notice of the applicant's right to a public comment hearing with respect 

to the application pursuant to Section 1.7.0. of the Commission's procedural rules. 

IVA4. A hearing request pursuant to Section IVA2.a. of this Part D, regarding innovative 

control, must be transmitted by the Division to the Commission within twenty days after 

its receipt. 

IVA5. A hearing request pursuant to Section IVA2.d. of this Part D must be transmitted by the 

Division to the Commission, along with the complete permit application, the preliminary 

analysis, the draft permit, and any written comments received by the Division within five 

days after the end of the thirty-day comment period. At least thirty days prior to the date 

set for the public comment hearing, the notice of public comment hearing, the preliminary 

analysis and the draft permit shall be posted on the Division's web site. No substantive 

revisions shall be made to the draft permit during the thirty days prior to the public 

comment hearing. 

IVA6. The Commission shall hold a public comment hearing within sixty days of its receipt of 

the request for such hearing pursuant to Section IVA2. of this Part D (unless such 

greater time is agreed to by the applicant and the Division), but at least sixty days after 

receipt by any Federal Land Manager of notice and the permit application required 

pursuant to Section XIII A of this Part D. The Division shall appear at the public 

comment hearing in order to present the permit application. At least thirty days prior to 

such hearing, notice thereof shall be mailed by the Commission to the applicant, to any 

interested person who submitted a request for a public hearing and to any Federal Land 

Manager given notice pursuant to Section XII I.A., printed in a newspaper of general 

distribution in the area of the proposed source or modification, and submitted for public 

review with the county clerk for each county in which the source or modification is or will 

be located. Except as provided herein and in the notice, such hearings will be conducted 

pursuant to the Act, the Procedural Rules of the Air Quality Control Commission and the 

State Administrative Procedure Act, Colorado Revised Statutes, Section 24-4-101 et seq. 

IVA 7. Within fifteen days after the Division makes a final decision on an application subject to 

the requirements of this Part D, the Division shall make available for public inspection the 

decision and all public comments with the county clerk for each county where the preconstruction information was made available. 

V. Requirements Applicable to Nonattainment Areas 

VA Major Stationary Sources. 

For any new major stationary source or major modification, the Division shall grant a permit if it 

determines that the following conditions in Sections VA1. through -VA6., as well as those in 

Section III.D.1. of Part B of this regulation, will be met: 

VA1. The proposed source will achieve the lowest achievable emission rate for the specific 

source category. 

VA2. The applicant has certified that all other existing major stationary sources owned, 

operated, or controlled by the applicant (or any entity controlling, controlled by, or under 

the common control with the applicant) in Colorado are in compliance with the 

requirements of the State implementation plan and the federally approved state 

implementation plan, or are subject to and in compliance with an enforceable compliance 

schedule, or a federally enforceable compliance schedule. 

Regulation Number 3 

Adopted: October 20, 2011 Page 148 
V.A.3. Prior to the date of commencement of operations, the ratio of total actual emission 

reductions compared to the emissions increase (offsets) shall be at least greater than 

one for one ( 1:1 ), unless an alternative ratio is provided for the applicable nonattainment 

area as identified in Section V.A.3.a .. below. 

V.A.3.a. Offset Ratios 

V.A.3.a(i) For ozone nonattainment areas that are subject to subpart 2. part D. 

title I of the Federal Act. the offset ratio of total actual emission 

reductions of VOC to the emissions increase of VOC shall be as follows: 

V.A.3.a(i)(a) In any marginal nonattainment area for ozone- at least 1.1:1: 

V.A. 3.a(i)(b) In any moderate nonattainment area for ozone - at least 1.15:1; 

V.A.3.a(i)(c) In any serious nonattainment area for ozone- at least 1.2:1: 

V.A.3.a(i)(d) In any severe nonattainment area for ozone- at least 1.3:1: or 

V.A.3.a(i)(e) In any extreme nonattainment area for ozone- at least 1.5:1. 

V.A.3.a.(ii) For all areas within an ozone transport region that is subject to 

subpart 2. part D. title 1 of the Federal Act. and that are not designated 

as serious. severe or extreme and are subject to subpart 1. part D. title 1 

of the Federal Act- at least 1.15:1. 

V.A.3.a.(iii) For ozone nonattainment areas that are subject to subpart 1, part D. 

title I of the Federal Act. including 8-hour ozone nonattainment areas 

subject to 40 CFR. Part 51, Section 51.902(b). the ratio of total actual 

emissions reductions of VOC to the emissions increase of VOC shall be 

at least 1 : 1 . 

V.A.3.b. Offsets must be obtained from existing sources (whether or not under the same 

ownership) within the nonattainment area for each pollutant, or its precursors, for which 

the area is nonattainment. 

Offsets must represent reasonable further progress towards attainment of the National Ambient 

Air Quality Standards when considered in connection with other new and existing sources 

of emissions. In addition, offsets for PM10-,PM2.5. sulfur oxides, and carbon monoxide 

must show, through atmospheric modeling, a positive net air quality benefit in the area 

affected by the emissions. Provided, however, that offsets meeting the requirements of 

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

area if the applicant demonstrates: 

V.A.3.aQ..ffi A greater air quality benefit may thus be achieved, or sufficient offsets are not 

available from sources within the nonattainment area; and 

V.A.3.b.@ The other area has an equal or higher nonattainment classification than the 

area in which the source is located; and 

V.A.3.GQ..@ Emissions from such other area contribute to a violation of the National 

Ambient Air Quality Standard in the nonattainment area in which the source is 

located. 

Regulation Number 3 

Adopted: October 20, 2011 Page 149 
V.A.3.dQ . .(lyl With respect to offsets obtained from outside the nonattainment area, the 

Division may increase the ratio of the required offsets to new emissions the 

greater the distance such offsets are from the new or modified source. 

V.A.3.c. Offsets must be for the same regulated NSR pollutant, except that offset 

requirements for direct PM2.5 emissions or PM2.5 precursors may be satisfied 

by offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 

precursor identified under Section II.A.38. of Part D. 

V.A.4. _The permit application shall include an analysis of alternative sites, sizes, production 

processes and environmental control techniques for such proposed source that 

demonstrates that benefits of the proposed source significantly outweigh the 

environmental and social costs imposed as a result of its location, construction, or 

modification. 

V.A.5. Offsets for which emission reduction credit is taken must be enforceable through permit 

conditions or source specific state implementation plan revisions. 

V.A.6. The applicant will demonstrate that emissions from the proposed source will not 

adversely impact visibility in a Class I area. This demonstration shall be reviewed by the 

Federal Land Manager and any determination made by the Federal Land Manager shall 

be considered in the Division's decision to grant the permit. If an adverse impact, as 

described in Section XIV. E., is predicted by the Division, the permit application will be 

denied. Federal Land Manager involvement shall follow the same procedures as stated 

in Section XII .A. of this Part D. The demonstration will be performed using either 

techniques described in the latest version of the U.S. EPA document entitled "Workbook 

for Estimating Visibility Impairment" or other techniques approved by the Division. 

V.A.7. Applicability of Certain Nonattainment Area Requirements 

V.A.7.a. Any major stationary source in a nonattainment area is subject to the 

requirements of Section V.A. of this Part D. 

V.A.7.b. The requirements of Section V.A. shall apply at such time that any stationary 

source or modification becomes a major stationary source or major modification 

solely by virtue of a relaxation in any enforceable limitation that was established 

after August 7, 1980 on the capacity of the source or modification to otherwise 

emit a pollutant, such as a restriction on hours of operation. 

V.A. 7.c. The following provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances 

where there is a project that is not a part of a major modification and the owner or 

operator elects to use the method specified in Sections II.A.36.b.(J) through 

Regulation Number 3 

Adopted: October 20, 2011 

/I.A. 36. b. (iii) of this Part 0 for calculating projected actual emissions. 

V.A. 7. c. (i) Before beginning actual construction of the project, the owner or 

operator shall document and maintain a record of the following 

information: 

V.A. 7.c. (i)(A) A description of the project; 

V.A. 7. c. (i)(B) Identification of the emissions unit(s) whose emissions of a 

regulated NSR pollutant could be affected by the project; and 

Page 150 
V.A. 7.c.(i)(C) A description of the applicability test used to determine that 

the project is not a major modification for any regulated NSR 

pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under 

Section II.A.36.b.(iii) of this part and an explanation for why such 

amount was excluded, and any netting calculations, if applicable. 

V.A. 7.c. (ii) If the emissions unit is an existing electric utility steam generating unit, 

before beginning actual construction, the owner or operator shall provide 

a copy of the information set out in Section V.A. 7. c. (i) to the Division. 

Nothing in this Section V.A. 7.c.(ii) shall be construed to require the 

owner or operator of such a unit to obtain any determination from the 

Division before beginning actual construction. 

V.A. 7. c. (iii) The owner or operator shall monitor the emissions of any regulated 

NSR pollutant that could increase as a result of the project and that is 

emitted by any emissions units identified in Section V.A. 7.c.(i)(B}; and 

calculate and maintain a record of the annual emissions, in tons per year 

on a calendar year basis, for a period of five years following resumption 

of regular operations after the change, or for a period of ten years 

following resumption of regular operations after the change if the project 

increases the design capacity or potential to emit of that regulated NSR 

pollutant at such emissions unit. 

V.A. 7.c. (iv) If the unit is an existing electric utility steam generating unit, the 

owner or operator shall submit a report to the Division within sixty days 

after the end of each year during which records must be generated under 

Section V.A. 7.c.(iii) setting out the unit's annual emissions during the 

calendar year that preceded submission of the report. 

V.A. 7.c. (v) If the unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the 

Division if the annual emissions, in tons per year, from the project 

identified in Section V.A. 7.c.(i), exceed the baseline actual emissions (as 

documented and maintained pursuant to Section V.A. 7.c.(i)(C)) by a 

significant amount (as defined in Section II.A.42. of this part) for that 

regulated NSR pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to 

Section V.A. 7. c. (i)(C). Such report shall be submitted to the Division 

within sixty days after the end of such year. The report shall contain the 

following: 

V.A. 7.c. (v)(A) The name, address and telephone number of owner or 

operator of the major stationary source; 

V.A. 7.c.(v)(B} The annual emissions as calculated pursuant to Section 

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

V.A. 7.c.(v)(C) Any other information that the owner or operator wishes to 

include in the report (e.g., an explanation as to why the 

emissions differ from the preconstruction projection). 

V.A. 7. d. The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to Section V.A. 7.c. available for review 

upon request for inspection by the Division or the general public. 

Regulation Number 3 

Adopted: October 20,2011 Page 151 
V.A.8. Exemptions from certain nonattainment area requirements: 

V.A.8.a. The following are exempt from the major stationary source criteria of Section 

V.A.3. of this part. 

V.A.8.a.(i)(A) Portable sources that will relocate outside a nonattainment 

area in less than one year. 

V.A.8.a.(i)(B) Each pilot plant that operates an aggregate of less than six 

months. 

V.A.8.a.(i)(C) Construction phases of a new or modified building, facility, 

structure, or installation. These may, at the discretion of the 

Division, exceed a period of one year. 

V.A.8.a.(i)(D) Other temporary processes or activities of less than one 

year in duration. 

V.A.8.a.(i)(E) Sources undergoing fuel switches as required by federal 

order if the Division determines that: 

V.A.8.a.i(E)(1) The applicant has used best efforts in seeking the 

required emission offsets but was unsuccessful; 

V.A.8.a.i(E)(2) All available emission offsets were obtained; and, 

V.A.8.a.i(E)(3) The applicant will continue to seek emission offsets as 

they become available. 

VI. Requirements applicable to attainment and unclassifiable areas and pollutants 

implemented under Section 110 of the Federal Act (Prevention of Significant Deterioration 

Program). 

VI .A. Major Stationary Sources and Major Modifications. 

The requirements of this Section VI. shall apply to any major stationary source and any major 

modification with respect to each pollutant regulated under the Act and the Federal Act that it 

would emit, except as this Regulation Number 3 would otherwise allow. 

For any new major stationary source or major modification proposing to construct in any area in 

Colorado designated under Section 107 (d) of the Federal Act as attainment or unclassifiable for 

any criteria pollutant as of the date of submittal of a complete application under this Regulation 

Number 3, or for pollutants implemented under Section 110 of the Federal Act, the Division shall 

grant a permit if it determines that the following requirements, in addition to those in Section 

III.D.1. of Part B of this regulation, have been or will be met: 

VI.A.1. Control Technology Review. 

VI.A.1.a. A new major stationary source shall apply Best Available Control Technology for 

each pollutant regulated under the Act or Federal Act that it would have the 

potential to emit in significant amounts. 

VI.A.1.b. A major modification shall apply best available control technology for each 

pollutant regulated under the Act or Federal Act for which there would be a 

significant net emissions increase at the source. This requirement applies to 

Regulation Number 3 

Adopted: October 20, 2011 Page 152 
each proposed emissions unit at which a net emissions increase in the pollutant 

would occur as a result of a physical change or change in the method of 

operation of the unit. 

VI.A.1.c. For phased construction projects, the determination of best available control 

technology shall be reviewed and modified as appropriate for phases that 

commence construction more than 18 months after the initial granting of the 

permit at the latest reasonable time which occurs no later than eighteen months 

prior to commencement of construction of each independent phase of the project. 

The review will be conducted in a timely manner that will allow the owner or 

operator to proceed with scheduled construction of the source. During the 

review, the owner or operator of the applicable stationary source may be required 

to demonstrate the adequacy of any previous determination of best available 

control technology for the source. 

VI.A.2. Source Impact Analysis. The owner or operator of the proposed source or modification 

shall demonstrate to the Division that allowable emission increases from the proposed 

source or modification in conjunction with all other applicable emissions increases or 

reductions (including secondary emissions) will not cause or contribute to concentrations 

of air pollutants in the ambient air in violation of either Section VI.A.2.a. or b., as clarified 

for any relevant air pollutant, in Section VI.A.2.c.: 

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

quality control region_;_Q[ 

VI.A.2.b. Any applicable maximum allowable increase over the baseline concentration in 

any area. 

VI.A.2.c. For the purposes of PM2.5, this demonstration is deemed to have been made if 

the emission increase from the new stationary source alone or from the 

modification alone would cause, in all areas. air quality impacts less than the 

following amounts: 

Pollutant Averaging Class I area Class II area Class Ill area 

Time 

PM2.5 Annual 0.06 uo/m3 0.3 uo/m3 0.3 uwm

3 

24-hr 0.07 uo/m3 1.2 uo/m3 1.2 uo/m3 

VI.A.3. Pre-construction Monitoring and Analysis 

VI.A.3.a. An analysis of ambient air quality in any area that would be affected by the 

proposed major stationary source or major modification shall be performed for 

each pollutant regulated under the Act or Federal Act that the source or 

modification would emit or have the potential to emit in a significant amount, or 

for which there would be a significant net emissions increase. 

Regulation Number 3 

Adopted: October 20, 2011 Page 153 
VI.A.3.b. With respect to any such regulated pollutant for which no national ambient air 

quality standard exists and for which there is an acceptable method for the 

monitoring of that pollutant, the analysis shall contain such air quality monitoring 

data as the Division determines are necessary to assess ambient air quality for 

that pollutant in any area that emissions of that pollutant would affect. 

VI.A.3.c. With respect to any such pollutant for which a national ambient air quality 

standard does exist, the analysis shall contain continuous air quality monitoring 

data gathered for purposes of determining whether emissions of that pollutant 

would cause or contribute to a violation of the applicable standard or any 

maximum allowable increase. 

VI.A.3.d. In general, the continuous air quality monitoring data that are required under 

Section VI.A.3.c., or the pre-application monitoring of air quality related values 

required by Section XIII. B. of this part, shall have been gathered over a period of 

one year and shall represent the year preceding receipt of the application, except 

that, if the Division determines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter than one year 

(but not to be less than four months), the data that are required shall have been 

gathered over at least that shorter period. 

VI.A.3.e. The owner or operator of a proposed major stationary source or major 

modification of volatile organic compounds who satisfies all conditions of the 

Code of Federal Regulations Title 40, Part 51, Appendix S, Section IV. (but not 

including conditions resulting from amendments after July 1, 1991 and not 

including Section IV. B. of Appendix S) may provide post-approval monitoring 

data for ozone in lieu of providing pre-construction data as required under 

Section VI.A.3.a. (Information on obtaining the Code of Federal Regulations Title 

40, Part 51, Appendix S, Section IV. is available from the Director, Air Pollution 

Control Division, 4300 Cherry Creek Drive South, Denver, Colorado, 80246-

1530.) 

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

operator of a major stationary source or major modification conduct post-construction 

ambient monitoring for a period up to one year. The Division may also require additional 

monitoring beyond the one year period if such monitoring is necessary to determine the 

effect emissions from the stationary source or modification have, or may have, on air 

quality in any area. The monitoring of air quality related values or sensitive receptors 

required by Section XIII. B. of this part, shall be for such time as is necessary to determine 

the effect emissions from the source or modification will have on the air quality related 

values or sensitive receptors. 

___ Post-construction monitoring requirements will be permit conditions. 

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

major modification shall use the U.S. EPA accepted procedures for ambient monitoring 

as approved by the Division during the operation of monitoring stations for purposes of 

satisfying the requirements of Sections VI.A.3. and VI.A.4., above. 

VI.A.6. Additional Impact Analysis. For each pollutant that is regulated under the Act or the 

Federal Act, and for which the source or modification would emit in significant amounts 

(as defined in Section II.A.42. of this part) or for which there would be a significant net 

emissions increase, the owner or operator shall provide an analysis of the impairment to 

visibility, water, soils, and vegetation that would occur as a result of the emissions of such 

pollutant from the source or modification and general commercial, residential, industrial, 

Regulation Number 3 

Adopted: October 20, 2011 Page 154 
and other growth associated with the source or modification. The analysis of impairment 

to water will not be used in the determination of best available control technology. The 

owner or operator need not provide an analysis of the impact on vegetation having no 

significant commercial or recreational value. The additional impact analysis will include 

the effects on air quality related values as stated in Section XIII. B. of this part, if 

applicable. 

The owner or operator shall provide an analysis of the air quality impact projected for the 

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

with the source or modification. 

VI. B. Applicability of Certain PSD Requirements. 

VI. 8.1. The requirements of Section VIA do not apply to a major stationary source or major 

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

that, as to that pollutant: 

VI.B.1.a. The source or modification is subject to Part 3 of the Act and Section V. of this 

part, and the source or modification would not impact any area designated as 

attainment or unclassifiable for that pollutant; or 

VI.B.1.b. The emissions from the source or modification would not be significant; or 

VI.B.1.c. The source or modification is a portable stationary source that has previously 

received a permit under requirements equivalent to those contained in Section 

VIA of this part if: 

VI.B.1.c.(i) The source proposes to relocate and emissions of the source at the 

new location would be temporary; 

VI.B.1.c.(ii) The emissions from the source would not exceed its allowable 

emissions; 

VI.B.1.c.(iii) The emissions from the source would impact no Class I area and no 

area where an applicable increment is known to be violated; and 

VI.B.1.c.(iv) Reasonable notice identifying the proposed new location and the 

probable duration of operation at the new location and a revised Air 

Pollutant Emission Notice is given to the Division prior to the relocation. 

Such notice and revised Air Pollutant Emission Notice shall be given to 

the Division not less than ten days in advance of the proposed relocation 

unless a different time duration is previously approved by the Division. 

V1.8.2. The requirements contained in Sections VIA2. through VIA4. of this part do not apply: 

VI.B.2.a. To a proposed major stationary source or major modification with respect to a 

particular pollutant, if the emissions would be from a temporary source, 

modification or activity, such as construction or exploration, and would not have 

an impact on air quality in any Class I area or an area where an applicable 

increment is known to be violated; or 

VI.B.2.b. As they relate to any maximum allowable increase for a Class II area, to a 

modification of a major stationary source that was in existence on March 1, 1978, 

if the net increase in allowable emissions of each pollutant subject to regulation, 

Regulation Number 3 

Adopted: October 20, 2011 Page 155 
excluding GHG, under the Act from the modification after the application of best 

available control technology would be less than fifty tons per year. 

VI.B.3. The Division may exempt a proposed major stationary source or major modification from 

the requirements of Sections VI.A.3. through VI.A.5. of this part, with respect to 

monitoring for a particular pollutant if: 

VI.B.3.a. The emissions of the pollutant from the new stationary source or the net 

emissions increase of the pollutant from the modification would cause air quality 

impacts, in any area, less than the following: 

VI.B.3.a.(i) Carbon monoxide - 575 1Jg/m3

, 8-hour average; 

VI.B.3.a.(ii) Nitrogen dioxide - t4-.11..1Jg/m3

, annual average; 

VI.B.3.a.(iii) Particulate Matter- 10 IJQ!m3 total suspended particulate matter3 24 

hour average; PM10 -- 10 1Jglm3

, 24-hour average; PM2.5- 4 ug/m , 24-

hou r average; 

VI.B.3.a.(iv) Sulfur dioxide- -ld-j1_1Jg/m3

, 24-hour average; 

VI.B.3.a.(v) Lead- OJ-1.1Jg/m3

, 3-month average; 

VI.B.3.a.(vi) Fluorides- 0.251Jg/m3

, 24-hour average; 

VI.B.3.a.(vii) Total reduced sulfur- ID-1.Q_1Jg/m3

, 11-hour average; 

VI.B.3.a.(viii) Hydrogen sulfide- 0.2 1Jg/m3

, 11-hour average; 

VI.B.3.a.(ix) Reduced sulfur compounds- ID-1.Q_1Jg/m3

, 11-hour average; or 

VI.B.3.b. The existing concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed in this section; or 

VI.B.3.c. For ozone, the emissions increase or net emissions increase of volatile organic 

compounds or nitrogen oxides from the source or modification would be less than 

1 00 tons per year; or 

VI.B.3.d. The pollutant is not referred to in this section Section VI.B.3.a.; or 

VI.B.3,e. The source or modification was subject to Section VI., with respect to PM2.5. as 

in effect before July 15, 2008, and the owner or operator submitted an application 

for a permit under this Section VI .A. of Part D before that date consistent with 

EPA recommendations to use PM10 as a surrogate for PM2.5. and the Division 

subsequently determines that the application as submitted was complete with 

respect to the PM2.5 requirements then in effect. as interpreted by EPA in the 

memorandum entitled "Interim Implementation of New Source Review 

Requirements for PM2.5" (October 23, 1997). Instead. the requirements of 

Section VI .A. of this Part D. as interpreted in the aforementioned memorandum. 

that were in effect before July 15, 2008 shall apply to such source or 

modification. 

VI.B.4. The requirements of this Part D shall apply at such time that any stationary source or 

modification becomes a major stationary source or major modification solely by virtue of a 

relaxation in any enforceable limitation that was established after August 7, 1980, on the 

Regulation Number 3 

Adopted: October 20, 2011 Page 156 
capacity of the source or modification to otherwise emit a pollutant such as a restriction 

on hours of operation. 

VI. B.S. The following provisions apply to projects at existing emissions units at a major stationary 

source (other than projects at a source with a PAL) in circumstances where there is a 

project that is not a part of a major modification and the owner or operator elects to use 

the method specified in Sections II.A.36.b.(i) through II.A.36.b.(iii) of this Part D for 

calculating projected actual emissions. 

VI. B. 5.a. Before beginning actual construction of the project, the owner or operator shall 

document and maintain a record of the following information: 

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

VI. B. 5. a. (ii) Identification of the emissions unit(s) whose emissions of a regulated 

NSR pollutant could be affected by the project; and 

VI. B. 5. a. (iii) A description of the applicability test used to determine that the 

project is not a major modification for any regulated NSR pollutant, 

including the baseline actual emissions, the projected actual emissions, 

the amount of emissions excluded under Section /I.A. 36.b. (iii) of this 

part, and an explanation for why such amount was excluded, and any 

netting calculations, if applicable. 

VI. B. 5.b. If the emissions unit is an existing electric utility steam-generating unit, before 

beginning actual construction, the owner or operator shall provide a copy of the 

information set out in Section VI.B.5.a. to the Division. Nothing in this Section 

VI.B. 5.b. shall be construed to require the owner or operator of such a unit to 

obtain any determination from the Division before beginning actual construction. 

VI.B.5.c. The owner or operator shall monitor the emissions of any regulated NSR 

pollutant that could increase as a result of the project and that is emitted by any 

emissions unit identified in Section VI.B.5.a.(ii); and calculate and maintain a 

record of the annual emissions, in tons per year on a calendar year basis, for a 

period of five years following resumption of regular operations after the change, 

or for a period of ten years following resumption of regular operations after the 

change if the project increases the design capacity or potential to emit of that 

regulated NSR pollutant at such emissions unit. 

VI.B.5.d. If the unit is an existing electric utility steam generating unit, the owner or 

operator shall submit a report to the Division within sixty days after the end of 

each year during which records must be generated under Section VI.B.5.c. 

setting out the unit's annual emissions during the calendar year that preceded 

submission of the report. 

VI. B. 5.e. If the unit is an existing unit other than an electric utility steam-generating unit, 

the owner or operator shall submit a report to the Division if the annual 

emissions, in tons per year, from the project identified in Section VI.B.5.a. exceed 

the baseline actual emissions (as documented and maintained pursuant to 

Section VI.B.5.a.(iii)) by a significant amount (as defined in Section II.A.42. of this 

part) for that regulated NSR pollutant, and if such emissions differ from the 

preconstruction projection as documented and maintained pursuant to Section 

VJ.B.5.a.(iii). Such report shall be submitted to the Division within sixty days after 

the end of such year. The report shall contain the following: 

Regulation Number 3 

Adopted: October 20, 2011 Page 157 
VI. B. 5. e. (i) The name, address and telephone number of the major stationary 

source; 

VI.B.5.e.(ii) The annual emissions as calculated pursuant to Section VI.B.5.c.; 

and 

VI. B. 5.e. (iii) Any other information that the owner or operator wishes to include in 

the report (e.g., an explanation as to why the emissions differ from the 

preconstruction projection). 

VI. 8.6. The owner or operator of the source shall make the information required to be 

documented and maintained pursuant to Section VI.B.5. available for review 

upon request for inspection by the Division or the general public. 

VI. B. 7. A stationary source or modification may apply the applicable maximum allowable 

increases for total suspended particulate matter as in effect on the date of the 

permit application, in meeting the requirements of Section VI.A.2. of this part, if 

the following requirements are met: 

VI.B.7.a. The owner or operator of the source or modification submitted an application for 

a permit under Regulation Number 3 before the provisions for maximum 

allowable increases for PM 1 0 took effect; and 

VI.B.7.b. The Division determines that the application as submitted, before the date that 

the maximum allowable increases for PM10 took effect, was complete. 

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

The Division shall transmit to the Administrator of the U. S. EPA a copy of each permit application 

relating to a major stationary source or major modification subject to this regulation, and provide 

notice of every action related to the consideration of such permit. 

VI. D. Major Stationary Sources in attainment areas affecting nonattainment areas. 

VI.D.1. For any new major stationary source or major modification that is proposed to be 

constructed in an area designated under Section 107(d) of the Federal Act as attainment 

or unclassifiable for a particular pollutant and the emissions of such pollutant from which 

would significantly affect ambient air quality in an area designated as nonattainment for 

such pollutant, the Division shall grant a permit if it determines that one or both of the 

following conditions, as well as those in Section III.D.1. of Part 8 and Section VI .A of this 

Part D will be met: 

VI.D.1.a. The proposed source or modification will meet the requirements of Sections 

V.A.1. and V.A.2. of this part, and obtain sufficient emission reductions of such 

pollutant in the nonattainment area to offset that portion of its emissions of such 

pollutant that affect the nonattainment area. Offsets may be obtained from 

outside the nonattainment area as provided in Section V.A.3. of this part; or 

VI.D.1.b. The proposed source or modification will achieve an emissions rate that will 

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

not significantly affect ambient air quality in the nonattainment area. 

VI.D.2. Ambient air quality will be deemed to be significantly affected if, but for any offsets, the 

applicable significance level set forth in the following table would be exceeded in the 

nonattainment area. 

Regulation Number 3 

Adopted: October 20, 2011 Page 158 
TABLE OF SIGNIFICANCE LEVELS 

Pollutant Averaging Time 

Annual 24-Hour 8-Hour 3-Hour 1-Hour 

so2 1.0 j.J_g/m3 5Mifm3 25 IJQ/m3 

PM10 1.0 j.Jg/m3 5j.Jg/m3 

PM2.5 0.3 IJQ/m3 1.21JQ/m3 

N02 1.0 1Jg/m3 

co 500 1JQ/m3 2000 IJQ/m3 

VI.D.3. Any new major stationary source or major modification subject to this section that will 

emit or cause a net emissions increase in volatile organic compounds or oxides of 

nitrogen shall demonstrate to the satisfaction of the Division that its emissions will not 

affect any ozone nonattainment area or shall obtain offsets as required in Section VI.D.1., 

above. 

VI.D.4. Emission offsets for PM10, sulfur dioxide, and carbon monoxide, must show, through air 

quality modeling, a positive net air quality benefit in the portion of the nonattainment area 

affected by emissions from the proposed source or modification. 

VII. Negligibly Reactive Volatile Organic Compounds (NRVOCs) 

VII .A The negligibly reactive volatile organic compounds referenced in the Common Provisions 

definition of negligibly reactive volatile organic compounds are considered to be of negligible 

photochemical reactivity and are neither counted as reactive volatile organic compounds in 

determining volatile organic compound emission contributions to an increase in ozone nor used 

as volatile organic compound emission offsets or other volatile organic compound emission 

trading credits against volatile organic compounds not listed in the common provisions negligibly 

reactive volatile organic compound definition. 

VII.B. Negligibly reactive volatile organic compounds may be substituted for volatile organic compounds 

and the resulting decrease in volatile organic compound emissions, if otherwise creditable, may 

be used for offset, banking or other emission trading credit. 

VIII. Area Classifications 

VIllA The following areas in Colorado shall be Class I areas and may not be redesignated: 

VIII.A.1.National Parks 

VIII.A.1.a. Rocky Mountain 

VIII.A.1.b. Mesa Verde 

VIII.A.2.National Wilderness Areas 

VIII.A.2.a. Black Canyon of the Gunnison 

Regulation Number 3 

Adopted: October 20,2011 Page 159 
VIII.A.2.b. Eagle's Nest 

VIII.A.2.c. Flattops 

VIII.A.2.d. Great Sand Dunes 

VIII.A.2.e. La Garita 

VIII.A.2.f. Maroon Bells- Snowmass 

VIII.A.2.g. Mount Zirkel 

VIII.A.2.h. Rawah 

VIII.A.2.i. Weminuche 

VIII.A.2.j. West Elk 

VIII. B. All other areas of Colorado, unless otherwise specified by Act of Congress or the Colorado 

legislature, or the Commission pursuant to Section IX. are designated Class II; provided, however 

that in the following areas as they existed on August 7, 1977 (maps available from the Division), 

the increase allowed in sulfur dioxide concentrations over the baseline concentration shall be the 

same as the increase established by Section 163(b) of the Federal Act for Class I areas, except 

that such allowable increases may not be allowed if a Federal Land Manager should make an 

adverse impact determination under Section XIII. C. with which the Division concurs and except 

that such allowable increases, may be exceeded by compliance with the provisions of Sections 

XIII.D., XIII. E., or XIII.F.: 

VIII.B.1.National Monuments 

VIII. B.1.a. Florissant Fossil Beds 

VIII.B.1.b. Colorado 

VIII.B.1.c. Dinosaur 

VIII. B.1.d. Great Sand Dunes (those portions not included as National Wilderness Areas 

in Section VIII.A.2.) 

VIII.B.2. Forest Service Primitive Areas 

VIII.B.2.a. Uncompahgre Mountain 

VIII.B.2.b. Wilson Mountain 

VIII. B.3. Lands administered by the Federal Bureau of Land Management in the Gunnison Gorge 

Recreation Area as of October 27, 1977. All areas designated Class II under this section 

may be redesignated as provided in Section IX. of this part. 

VIII. B.4. National Parks 

Black Canyon of the Gunnison (those portions not included as National Wilderness Areas in 

Section VIII.A.2.) 

VIII. C. The following areas may be redesignated only as Class I or II. 

Regulation Number 3 

Adopted: October 20, 2011 Page 160 
VIII.C.1. An area that exceeds ten thousand acres in size and is a national monument, a national 

primitive area, a national preserve, a national recreational area, a national wild and 

scenic river, a national wildlife refuge, a national lakeshore; and 

VIII.C.2. A national park or national wilderness area established after August 7, 1977, that 

exceeds ten thousand acres in size. 

VIII. D. The Commission recognizes out of state Class I areas that have been listed in the Federal 

Register (44 Fed. Reg. 69124). Emissions from sources in Colorado shall not violate any 

standard in these areas. 

IX. Redesignation 

IX.A. Except as otherwise provided in this section or Section VIII. of this part, the Commission may 

redesignate any area in Colorado as Class I, Class II or Class Ill as herein provided. The 

Commission will provide notice to the General Purpose Unit of local government in an area where 

the maximum allowable increase is being approached. 

IX. B. The Commission shall review and consider a request for redesignation by any person. 

IX. C. The Commission shall not set a hearing date on a proposed redesignation until the following have 

been completed: 

IX.C.1. A complete description of the area proposed for redesignation; 

IX.C.2. A detailed statement of the circumstances that support the proposed redesignation; 

IX.C.3. A prediction of the costs and benefits for the affected population from the proposed 

redesig nation; 

IX.C.4. A technical analysis of expected impacts on ambient air quality in adjacent or nearby 

areas; 

IX.C.5. Comments, or evidence of an opportunity for submission of comments, by all appropriate 

regional planning agencies and councils of government organizations, affected 

municipalities and other affected political subdivisions; and 

IX.C.6. An analysis of the relationship of the proposed redesignation with applicable county or 

regional development plans, including but not limited to, comprehensive area wide plans 

and 208 water quality plans. 

IX. D. The Commission shall provide sixty day notice prior to a public hearing, including notice to other 

states, Indian governing bodies and Federal Land Managers whose lands may be affected by a 

proposed redesignation, of any proposed redesignation, and conduct public hearings on such 

proposed redesignation in or near areas within Colorado that may be affected by such proposed 

redesignation, including at least one public hearing within or as near as is practicable to the area 

to be redesignated. At least thirty days prior to any such public hearings, the Commission shall 

make available for public inspection a discussion of the reasons for the proposed redesignation, 

including a satisfactory description and analysis of the health, environmental, economic, and 

societal and energy effects of the proposed redesignation. The notice announcing any public 

hearings shall contain appropriate notification of the availability of such discussion. 

IX. E. Prior to the issuance of notice respecting the proposed redesignation of an area that includes any 

federal lands, the Commission shall provide written notice to the appropriate Federal Land 

Manager and afford adequate opportunity (not in excess of sixty days) to confer with the 

Regulation Number 3 

Adopted: October 20, 2011 Page 161 
I 

I 

I 

Commission respecting the notice of proposed redesignation and to submit written comments and 

recommendations with respect to such notice of proposed redesignation. In redesignating any 

area with respect to which any Federal Land Manager had submitted written comments and 

recommendations, the Commission shall publish a list of any inconsistency between such 

redesignation and such comments and recommendations and an explanation of such 

inconsistency (together with the reasons for making such redesignation against the 

recommendation of the Federal Land Manager). 

IX. F. All redesignations, except any established by an Indian governing body, shall be specifically 

approved; (1) by the governor, after consultation with the appropriate committees of the 

legislature, if it is in session, or with the leadership of the legislature, if it is not in session, and (2) 

by resolutions or ordinances enacted by the general purpose units of local government 

representing a majority of the residents of the area to be redesignated. 

IX. G. No area may be redesignated if such redesignation would cause or contribute to concentrations 

of any air pollutant in any other area that exceed any maximum allowable increase or maximum 

allowable concentration permitted under the classification of such area. 

IX. H. Lands within the exterior boundaries of reservations of federally recognized Indian tribes may be 

redesignated only by the appropriate Indian governing body. 

IX. I. Any redesignation shall constitute a revision to the Colorado State Implementation Plan and shall 

be submitted for approval to the Administrator of the U.S. EPA. 

IX.J. Any redesignation or denial of a proper request for redesignation made pursuant to this Section 

IX. shall be subject to judicial review in accord with Colorado Revised Statute Section 25-7-120. 

IX.K. Any area other than an area to which Sections VIII .A or VIII. C. refer to may be redesignated as 

Class Ill if any major stationary source or major modification could receive a permit only if the 

area in question were redesignated as Class Ill, and any material submitted as part of that 

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

hearing on redesignation of any area as Class Ill. 

X. Air Quality Limitations 

X.A. Ambient Air Increments 

X.A.1. The maximum allowable increases over the baseline concentration for sulfur dioxide, 

PM1 0, PM2.5 or nitrogen dioxide except as provided in Section VIII. B. of this part, are: 

X.A.1.a. For any Class I area: 

Annual arithmetic mean 

Twentv-four hour maximum 

Annual arithmetic mean 

Twenty-four hour maximum 

Regulation Number 3 

Adopted: October 20, 2011 

PM2.5 {ua/m3

) 

PM10 (1Jg/m3

) 

1 

2 

4 

8 

Page 162 
I 

I 

I 

I 

Sulfur dioxide (tJg/m3

) 

Annual arithmetic mean 

Twenty-four hour maximum 

Three hour maximum 

Nitrogen dioxide (JJg/m3

) 

Annual arithmetic mean 

X.A.1.b. For any Class II area: 

PM2.5 (ua/m3

) 

Annual arithmetic mean 

Twentv-four hour maximum 

PM10 [JJg/m3

) 

Annual arithmetic mean 

Twenty-four hour maximum 

Sulfur dioxide (1Jg/m3

) 

Annual arithmetic mean 

Twenty-four hour maximum 

Three hour maximum 

Nitrogen dioxide (1Jg/m3

) 

Annual arithmetic mean 

X.A.1.c. For any Class Ill area: 

Annual arithmetic mean 

Twentv-four hour maximum 

Regulation Number 3 

Adopted: October 20, 2011 

PM2.5 (ua/m3

) 

PM1 0 (JJg/m3

) 

2 

5 

25 

2.5 

4 

9 

17 

30 

20 

91 

512 

25 

8 

18 

Page 163 
Annual arithmetic mean 34 

Twenty-four hour maximum 60 

Sulfur dioxide (1Jg/m3

) 

Annual arithmetic mean 40 

Twenty-four hour maximum 182 

Three hour maximum 700 

Nitrogen dioxide (IJQ/m3

) 

Annual arithmetic mean 50 

X.A.2. The maximum allowable increases over the baseline concentration for any other air 

pollutant shall be the same as those increases established pursuant to Section 4W165(a) 

of the Federal Act. 

X.A.3. For any period other than an annual period, the applicable maximum allowable increase 

may be exceeded during one such period per year at any one location. 

X.A.4. Periodic Review 

X.A.4.a. The Division shall, on a periodic basis, review the adequacy of this Regulation 

Number 3 for preventing significant deterioration of air quality. Within thirty days 

after any information becomes available and there is cause to believe that an 

applicable increment is being violated, the Division shall present the cause for 

such belief to the Commission. 

X.A.4.b. If the Commission concurs that there is cause to believe that an increment is 

being violated, it shall hold a hearing to determine whether an increment violation 

exists. The hearing shall be held pursuant to the procedures of Colorado 

Revised Statute Section 25-7-119. Notice should be given by first class mail to 

permitted sources that can be reasonably identified as emitting the pollutant in 

violation and affecting the area of violation. 

X.A.4.c. Should the Commission determine that an increment violation exists, the Division 

shall review all sources affecting the area of increment violation and ensure that 

all such sources comply with all applicable permit conditions, and state and local 

regulations. Within thirty days after completing such a review, the Division shall 

recommend revisions, if necessary, to the Commission to correct the violation. 

Upon receipt of recommended revisions from the Division, the Commission shall 

as soon as practicable act to revise this regulation as it deems necessary. 

X.A.5. Increment Consumption Restriction 

X.A.5.a. No new major stationary source or major modification shall individually consume 

more than seventy-five percent of an applicable increment. 

X.A.5.a.(i) Applicants may request a hearing before the Commission to request a waiver 

of this restriction. The hearing shall be heard in accordance with the provisions 

of Colorado Revised Statute Sections 25-7-114 (4)(h), 25-7-119 (Colorado Air 

Regulation Number 3 

Adopted: October 20, 2011 Page 164 
Pollution Prevention and Control Act), and Colorado Revised Statute 24-4-105 

(State Administrative Procedure Act). 

X.A.5.a.(i)(A) The Commission shall not set a hearing date for a waiver 

request until submittal of comments, or evidence of an 

opportunity for submittal of comments by all appropriate regional 

planning agencies and councils of government organizations, 

affected municipalities and other affected political subdivisions 

has occurred. 

X.A.5.a.(i)(B) Ambient Air Limits. No concentrations of a pollutant shall 

· exceed a national ambient air quality standard or a state ambient 

air standard where no national ambient air quality standard has 

been established. 

XI. Exclusions From Increment Consumption 

XI .A The following concentrations are excluded in determining compliance with a maximum allowable 

increase: 

XI.A.1. Concentrations attributable to the increase in emissions from stationary sources that 

have converted from the use of petroleum products, natural gas, or both by an order in 

effect under Sections 2(a) and (b) of the federal "Energy Supply and Environmental 

Coordination Act of 1974" (or any superseding legislation) over the emissions from such 

sources before the effective date of such an order, but not more than five years after the 

effective date of such an order. 

XI.A.2. Concentrations attributable to the increase in emissions from sources that have 

converted from using natural gas by reason of a natural gas curtailment plan in effect 

pursuant to the Federal "Power Act" over the emissions from such sources before the 

effective date of such plan, but not more than five years after the effective date of the 

plan. 

XI.A.3. Concentrations of particulate matter attributable to an increase in emissions from 

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

XI.A.4. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, or 

particulate matter, or nitrogen oxides from stationary sources that are affected by 

revisions of the Colorado State Implementation Plan that are approved by the 

Administrator of the U.S. EPA and that provide: 

XI.A.4.a. The time period of such temporary increase in emissions is not renewable and 

may not exceed two years in duration, unless a longer time is approved by the 

Division and the U.S. EPA; 

XI.A.4.b. Such temporary increase in emissions shall not impact a Class I area or an area 

where an applicable increment is known to be violated or cause or contribute to 

the violation of a national ambient air quality standard; and 

XI.A.4.c. Emission limitations shall be in effect at the end of the time period specified in 

the plan revision that will ensure that the emissions levels from stationary 

sources affected by the plan revision will not exceed those levels occurring from 

such sources before the plan revision was approved by the U.S. EPA.. 

XII. Innovative Control Technology 

Regulation Number 3 

Adopted: October 20, 2011 Page 165 
XII .A. An owner or operator of a proposed major stationary source or major modification otherwise 

subject to the requirements of Section VI. of this Part D may request the Division to grant a 

waiver from the Best Available Control Technology requirements and to approve a system of 

innovative control technology, in order to encourage the use of such technology. 

XII.B. The Division or the Commission may, with the consent of the governor(s) of other affected states, 

grant a waiver from the Best Available Control Technology requirements of Section VI.A.1. of this 

part necessary for the employment of innovative control technology and determine that the 

source or modification may employ such system if: 

XII.B.1. The proposed control system would not cause or contribute to an unreasonable risk to 

public health, welfare, or safety in its operation or function; 

XII.B.2. The owner or operator agrees to achieve a level of continuous emissions reduction 

greater than or equivalent to that, which would have been required under Section VI.A.1. 

by a date specified by the Division. Such date shall not be later than four years from the 

time of startup or seven years from permit issuance; 

XII.B.3. The source or modification would meet the requirements of Sections VI.A.1. and VI.A.2. 

based on the emissions rate that the stationary source employing the system of 

innovative control technology would be required to meet on the date specified by the 

Division; 

XII.B.4. The source or modification would not, before the date specified by the Division under 

Section XII.B.2., above; 

XII.B.4.a. Cause or contribute to any violation of an applicable national ambient air quality 

standard; or 

XII.B.4.a.(i) Impact any area where an applicable increment is known to be violated; or 

XII. B.S. All other applicable requirements including those for public participation have been met. 

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

with respect to all periods during the life of the source or modification. 

XII. C. The Division shall withdraw any approval to employ a system of innovative control technology 

made under this section, if: 

XII.C.1. The proposed system fails by the specified date to achieve the required continuous 

emissions reduction rate; or 

XII.C.2. The proposed system fails before the specified date so as to contribute to an 

unreasonable risk to public health, welfare, or safety; or 

XII.C.3. The Division decides at any time that the proposed system is unlikely to achieve the 

required level of control or to protect the public health, welfare, or safety. 

XII. D. If a source or modification fails to meet the required level of continuous emissions reduction 

within the specified time period, or if the approval is withdrawn in accordance with Section XII. C., 

above, the Division may allow the source or modification up to an additional three years to meet 

the requirement for the application of best available control technology through use of a 

demonstrated system of controL 

XIII. Federal Class I Areas 

Regulation Number 3 

Adopted: October 20,2011 Page 166 
XIII .A Within twenty days of receipt of a permit application for a new major stationary source or major 

modification that may affect visibility or air quality related values in any Federal Class I area, the 

Division shall transmit a copy of the application to all affected Federal Land Managers and 

consult with them as to its completeness in its analysis and monitoring (if required) of air quality 

related values. If the Division receives advance notification of a permit application of a source 

that may affect visibility or air quality related values, it will notify all affected Federal Land 

Managers within thirty days of such notification. The Division will consider any analysis 

performed by a Federal Land Manager that indicates there will be an adverse impact on visibility 

or air quality related values if such analysis is received within thirty days after the Federal Land 

Manager receives a copy of the complete application. If the Division disagrees with the Federal 

Land Manager, any notices for public comment or of a public hearing on the application will 

explain the disagreement or state where the explanation can be obtained. 

Xlll.8. In addition to the general impact analysis required by Section VI.A.6. of this part, any source that 

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

monitoring to establish the condition of and the impact on air quality related values in such Class I 

area(s) both prior to completing an application for a permit to construct and during the 

construction and operation of such source. 

Xlll.8.1.1f monitoring is required, the source shall conduct a private monitoring program. 

However, if monitoring is being conducted by any other existing source or government 

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

agency. All monitoring programs must be approved in advance by the Division. 

XII1.8.2.Pre-application monitoring may include the monitoring of not more than three air quality 

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

after consultation with the Federal Land Manager. The air quality related values or 

sensitive receptor(s) selected must be important to the affected Class I area, and there 

must be cause to believe that monitoring of the air quality related values or sensitive 

receptors will provide a basis for evaluating effects to the relevant air quality related 

values. 

Xlll.8.3. Monitoring during construction and operation may only be required for the sensitive 

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

available that demonstrates a significant economic or technological advantage of 

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

operator. 

XIII. 8.4. Monitoring of air quality related values or sensitive receptors of air quality related values 

may only be required if: 

Xlll.8.4.a. Monitoring methods are reasonably available and research and development 

of monitoring methods are unnecessary; 

Xlll.8.4.b. The major effect on the air quality related values or sensitive receptor would 

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

the applicant's emissions in combination with any person's emissions with whom 

the applicant may be required to conduct joint monitoring; and 

Xlll.8.4.c. It is economically reasonable for the source to conduct such monitoring. 

XIII.C. Sources Impacting Federal Class I Area -Additional Requirements. Federal Land Managers may 

present to the Division, after its preliminary analysis required under Section 111.8. of Part 8 of this 

regulation, a demonstration that the emissions from the proposed source or modification would 

have an adverse impact on the air quality related values (including visibility) of any federal 

Regulation Number 3 

Adopted: October 20,2011 Page 167 
mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions 

from such source or modification would not cause or contribute to concentrations that would 

exceed the maximum allowable increases for a Class I area. If the Division concurs with such 

demonstration, or in the event the Federal Land Manager fails to perform an adverse impact 

analysis and the Division determines that there is an adverse impact on visibility, or the Division 

determines that a demonstration of no adverse impact is in error, the Division shall not issue the 

permit. 

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

modification may demonstrate to the satisfaction of the Federal Land Manager that the emissions 

from such source or modification would not have an adverse impact on the air quality related 

values (including visibility) of Class I lands under the Federal Land Manager's jurisdiction, 

notwithstanding that the change in air quality resulting from emissions from such source or 

modification would cause or contribute to concentrations that would exceed the maximum 

allowable increases for a Class I area. If the Federal Land Manager concurs with such 

demonstration and so certifies to the Division, the Division or the Commission may, provided that 

applicable requirements are otherwise met, issue the permit with such emission limitations as 

may be necessary to assure that emissions of sulfur dioxide, and PM10, PM2.5 and nitrogen 

oxides would not exceed the following maximum allowable increases over the minor source 

baseline concentration for such pollutants. 

Maximum allowable increase 

Particulate matter 

PM2.5 Annual arithmetic mean 4 ua/m3 

PM2.5 Twentv-four hour maximum 9 IJ_g/m3 

PM1 0, Annual arithmetic mean 17 1Jg/m3 

PM10, Twenty-four hour maximum 30 1JQ/m3 

Sulfur dioxide 

Annual arithmetic mean 20J..l9/m3 

Twenty-four hour maximum 91 1JQ/m3 

Three hour maximum 3251Jg/m3 

Nitrog_en dioxide 

Annual arithmetic mean 251Jg/m3 

XIII.E. Sulfur Dioxide Variance by Governor 

XIII. E.1. The owner or operator of a proposed major stationary source or major modification that 

cannot be approved under Section XIII. D., above, may demonstrate to the governor that 

the source or modification cannot be constructed by reason of any maximum allowable 

increase for sulfur dioxide for periods of twenty-four hours or less, applicable to any Class 

I area and, in the case of the federal mandatory Class I areas, that a variance under this 

Regulation Number 3 

Adopted: October 20, 2011 Page 168 
section would not have an adverse affect on the air quality related values of the area 

(including visibility). 

XIII.E.2. The governor, after consideration of the Federal Land Manager's recommendation (if 

any) and subject to his concurrence, may grant, after notice and an opportunity for a 

public hearing, a variance from such maximum allowable increase. 

XIII.E.3.1f such variance is granted, the Division may issue a permit to such source or 

modification in accordance with Section XIII. G., below, if the applicable requirements of 

Regulation Number 3 are otherwise met. 

XIII.F. Variance by the Governor with the President's Concurrence 

XIII.F.1. The recommendations of the governor and the Federal Land Manager shall be 

transferred to the president in any case where the governor recommends a variance with 

which the Federal Land Manager does not concur. 

XIII.F.2.1f the president approves the variance, the Division may issue a permit in accordance 

with Section XIII. G., below, if the applicable requirements of Regulation Number 3 are 

otherwise met. 

XIII. G. Emission Limitations for Presidential and Gubernatorial Variance. In the case of a permit to be 

issued under Sections XIII. E. and XIII. F., the source or modification shall comply with emission 

limitations as may be necessary to assure that emissions of sulfur dioxide from the source or 

modification would not (during any day on that the otherwise applicable maximum allowable 

increases are exceeded) cause or contribute to concentrations that would exceed the following 

maximum allowable increases over the baseline concentration assure that such emissions would 

not cause or contribute to concentrations that exceed the otherwise applicable maximum 

allowable increases for periods of exposure of twenty-four hours or less for more than eighteen 

days, not necessarily consecutive, during any annual period: 

3 Maximum Allowable Increase (IJg/m,) 

Period of Exposure Terrain Areas 

Low High 

24-hour maximum 36 62 

3-hour maximum 130 221 

XIV. Visibility 

XIV.A. Purpose 

This section assures reasonable progress towards the national goal of preventing future, and 

remedying existing, visibility impairment in Class I areas, where such impairment results from 

man-made air pollution. 

XIV.B. Applicability 

This section applies to all Class I areas and to sources in Colorado the emissions from which may 

reasonably be anticipated to cause or contribute to any impairment of visibility in any such area 

(even if the area is in another state). 

Regulation Number 3 

Adopted: October 20, 2011 Page 169 
XIV.C. Definitions 

For purposes of this Section XIV. 

XIV.C.1. Adverse impact on visibility means for the purpose of Section XIV.E. visibility 

impairment that interferes with the management, protection, preservation, or enjoyment 

of the visitor's visual experience of the Class I area. Any determination shall be made on 

a case-by-case basis taking into account the geographic extent, intensity, duration, 

frequency and time of visibility impairments, and how these factors correlate with times of 

visitor use of the Class I area, and the frequency and timing of natural conditions that 

reduce visibility. 

XIV.C.2. Best Available Retrofit Technology means an emission limitation achievable 

through the application of the best system of continuous emission reduction for each 

pollutant that is emitted by an existing stationary facility. The emission limitation shall be 

established on a case-by-case basis taking into consideration the technology available, 

the costs of compliance, the energy and non-air quality environmental impacts of 

compliance, any pollution control equipment in use or in existence at the source, the 

remaining useful life of the source, and the degree of improvement in visibility that may 

reasonably be anticipated to result from the use of such technology. 

XIV.C.3. Existing stationary facility means any of the stationary sources of air pollutants 

defined in Sections 1.8.19., 1.8.24. through 1.8.27., 1.8.36., and 1.8.43. of Part A, Section 

I.A.1.(c) of Part C, and Section II.A.24. of Part D of this regulation, including any 

reconstructed source that was not in operation prior to August 7, 1962, and had 

commenced construction on or before August 7, 1977, and has the potential to emit two 

hundred and fifty tons per year or more of any air pollutant. In determining potential to 

emit, fugitive emissions, to the extent quantifiable shall be counted. 

XIV.C.4. Long-term strategy means a ten to fifteen year plan for making reasonable 

progress toward the national goal specified in Section XIV.A. of this part. 

XIV.C.S. Natural conditions include naturally occurring phenomena that reduce visibility as 

measured in terms of visual range, contrast, or coloration. 

XIV.C.6. Reasonably attributable means attributable by visual observation or any other 

technique the state deems appropriate. 

XIV.C.7. Significant impairment means, for purposes of Section XIV.D.2.c., visibility 

impairment, that interferes with the management, protection, preservation or enjoyment 

of the visitor's visual experience of the Class I area. 

XIV.C.8. Visibility impairment means any humanly perceptible change in visibility (visual 

range, contrast, coloration) that would have existed under natural conditions. 

XIV.C.9. Class I area means an area listed in Section VIII .A. of this part and any area that 

may be redesignated to Class I in the future. 

XIV.D. Existing Impairment 

X.IV.D.1. The Federal Land Manager or the Division may, at any time, certify to the Division 

director that visibility impairment exists in any Class I area. The Division may also certify 

that visibility impairment exists in any Class I area without the concurrence of the Federal 

Land Manager. 

Regulation Number 3 

Adopted: October 20,2011 Page 170 
XIV.D.2. Each existing stationary facility located in Colorado to which the cause of or contribution 

to visibility impairment in any Class I area is reasonably attributable, shall apply for and 

obtain from the Division a permit that requires the installation and operation of Best 

Available Retrofit Technology. The facility shall install and operate Best Available Retrofit 

Technology as expeditiously as practicable but in no case later than five years after 

permit issuance. 

XIV.D.2.a. For fossil-fuel fired generating plants having a total generating capacity in 

excess of 750 megawatts, Best Available Retrofit Technology shall be 

determined pursuant to "Guidelines for Determining Best Available Retrofit 

Technology for Coal-fired Power Plants and Other Existing Stationary Facilities" 

(U.S. EPA Publication Number450/3-80-009b, 1980), and state of the art 

information available at the time of Best Available Retrofit Technology analysis. 

Pursuant to Colorado Revised Statute Section 24-4-103 (12.5), the document 

referenced in this section is available for public inspection during normal working 

hours, or copies are available for cost, from the technical secretary of the 

Commission, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. 

This Regulation Number 3 does not include later amendments to or editions of 

the referenced documents. 

XIV.D.2.b. Should technological or economic limitations make the application of Best 

Available Retrofit Technology as previously defined infeasible; the state may 

instead prescribe a design, equipment, work practice, or other operational 

standard, or combination thereof, as representing Best Available Retrofit 

Technology. Where a facility is subject to Section XIV.D.2.a., due to 

technological limitations, the facility shall install and operate Best Available 

Retrofit Technology as previously defined when new technology for control of the 

pollutant becomes reasonably available provided: 1) the pollutant is emitted by 

the existing facility; 2) controls representing Best Available Retrofit Technology 

for the pollutant have not previously been required under this section; and 3) the 

impairment of visibility in any Class I area is reasonably attributable to the 

emissions of that pollutant. 

XIV.D.2.c. Any existing stationary facility required to install and operate Best Available 

Retrofit Technology under this section may apply to the Division and the U.S. 

EPA Administrator for an exemption. 

Regulation Number 3 

Adopted: October 20, 2011 

XIV.D.2.c.(i) An application under this section must include all available 

documentation relevant to the impact of the source's emissions on 

visibility in any Class I area and a demonstration by the existing 

stationary facility that it does not or will not by itself or in combination with 

other sources, emit any air pollutant that may be reasonably anticipated 

to cause or contribute to a significant impairment of visibility in any Class 

I area. 

XIV.D.2.c.(ii) Any fossil fuel fired power plant with a total generating capacity of 

750 megawatts or more may receive an exemption from Best Available 

Retrofit Technology only if the owner or operator of such power plant 

demonstrates to the satisfaction of the Division that such power plant is 

located at such a distance from all Class I areas that such power plant 

does not or will not by itself or in combination with other sources emit any 

air pollutant that may reasonably be anticipated to cause or contribute to 

significant impairment of visibility in any such Class I area. 

Page 171 
XIV.D.2.c.(iii) The existing stationary facility must give prior written notice to all 

affected Federal Land Managers of any application for exemption. 

XIV.D.2.c.(iv) The Federal Land Manager may provide an initial recommendation 

or comment on the disposition of such application. Such 

recommendation, where provided, must be part of the exemption 

application. This recommendation is not to be construed as the 

concurrence required under Section XIV.D.2.c.(iv). 

XIV.D.2.c.(v) After notice and opportunity for public hearing, before the 

Commission, the Division may grant or deny the exemption. 

XIV.D.2.c.(vi) An exemption granted by the Division under this section will be 

effective only upon concurrence by all affected Federal Land Managers. 

XIV.D.2.c.(vii) Any determination shall be made on a case-by-case basis taking 

into account the geographic extent, intensity, duration, frequency and 

time of the visibility impairment, and how these factors correlate with time 

of visitor use of the Class I area, and the frequency and timing of natural 

conditions that reduce visibility. 

XIV.D.2.d. The Division shall process any application for a permit required by Section 

XIV.D.2., above, or any application for exemption under Section XIV.D.2.b., 

according to the time constraints stated in Part 8, Section Ill. B. of this regulation. 

All applications for permits or exemptions will be subject to public notice and 

public hearing requirements applicable to sources subject to the provisions of 

Section VI. of this part. Processing fees will be charged to the applicant to 

recover actual costs incurred by the Division as stated in Section VI. of Part A of 

this Regulation Number 3. 

XIV. E. New Source Review 

Applicants for new major stationary sources and major modifications shall demonstrate that the 

proposed source will not have an adverse impact on visibility in a Class I area as required by 

Sections V.A.6., VIAS., and XIII. of this part. 

XIV.F. Long-term Strategy 

XIV.F.1. The Commission shall review and revise, if appropriate, the long-term strategy every five 

years. 

XIV.F.1.a. During the long-term strategy development and review process, the 

Commission shall consult with the Federal Land Managers. 

XIV.F.1.b. A public hearing shall be held upon request of any interested person. The 

state shall provide written notification to each affected Federal Land Manager 

and other affected states at least sixty days prior to holding any public hearing. 

XIV.F.1.c. The Division shall prepare a report for the Commission on any progress made 

toward the national visibility goal since the last long-term strategy revisions. The 

report will be made available on September 1, at least every fifth year following 

the submittal of the previous report and consistent with the federal five-year 

Regional Haze reporting schedule. The report shall include an assessment of: 

Regulation Number 3 

Adopted: October 20,2011 Page 172 
XIV.F.1.c.(i} The progress achieved in remedying existing impairment of visibility 

in any Class I area; 

XIV.F.1.c.(ii) The ability of the long-term strategy to prevent future impairment of 

visibility in any Class I area; 

XIV.F.1.c.(iii) Any change in visibility since the last such report, or in the case of 

the first report, since plan approval, including an assessment of existing 

conditions; 

XIV.F.1.c.(iv) Additional measures, including the need for state implementation 

plan revisions, that may be necessary to assure reasonable progress 

toward the national visibility goal; 

XIV. F.1.c.(v) The progress achieved in implementing Best Available Retrofit 

Technology and meeting other schedules set forth in the long-term 

strategy; 

XIV. F .1.c. (vi) The impact of any exemption granted under Section XIV. D .2.c.; 

and, 

XIV.F.1.c.(vii) The need for Best Available Retrofit Technology to remedy existing 

impairment in an integral vista declared since plan approval. 

XIV.G. Public Land Emission Inventories 

XIV.G.1. Federal Public Lands 

XIV. G.1.a. For the purposes of this Section XIV. G., federal land management agency 

means a federal agency that owns and manages at least 50,000 acres of federal 

land in Colorado. 

XIV.G.1.b. Federal land management agencies shall submit to the Commission emission 

inventories by December 31, 2001 and no less frequently than every five years 

thereafter. 

XIV.G.1.c. The inventory shall include the sources listed in Section XIV.G.3.b. of this 

regulation and emissions of criteria pollutants, including surrogates or precursors 

for such pollutants, from activities in Colorado or other states that may affect any 

mandatory class I federal area in Colorado by reducing visibility in such area. 

XIV.G.2. Colorado State Public lands 

XIV.G.2.a. The Division shall submit to the Commission emission inventories for all state 

land management agencies including the State Land Board, the Department of 

Agriculture, and the Department of Natural Resources by July 1, 2002 and no 

less frequently than every five years thereafter. 

XIV.G.2.b. The inventory shall include the sources listed in Section XIV.G.3.b. of this 

regulation and emissions of criteria pollutants, including surrogates or precursors 

for such pollutants, from activities in Colorado that may affect any mandatory 

Class I federal area in Colorado by reducing visibility in such area. 

XIV.G.3. Public Land Emission Inventory Requirements 

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Adopted: October 20,2011 Page 173 
XIV.G.3.a. The inventory shall include both current emissions and projected future 

emissions, over at least a five-year period. 

XIV.G.3.b. The following sources on public lands shall be included in the inventory: 

XIV.G.3.b.(i) Stationary source emissions, based on existing air pollution 

emission notices filed with the Division; 

XIV.G.3.b.(ii) Mobile sources utilizing state lands, excluding state and federal 

highways; 

XIV.G.3.b.(iii) Paved and unpaved roads; 

XIV.G.3.b.(iv) Fires on public lands from all sources; and 

XIV.G.3.b.(v) Biogenic sources, including emissions from flora and fauna. 

XIV.G.4. Public Hearings 

Not later than December 31, 2002, and no less frequently than every five years thereafter, a 

public hearing before the Commission shall be conducted to approve the public land emission 

inventories. 

XV. Actuals PALs 

XV.A. Applicability. 

XV.A.1. At the request of an owner or operator, the Division may approve the use of an actuals 

PAL in a Title V permit for any existing major stationary source that has operated for at 

least two years if the PAL meets the requirements in Sections XV. A. through XV.L. The 

term "PAL" shall mean "actuals PAL" throughout Section XV. of this part. 

XV.A.2. Any physical change in or change in the method of operation of a major stationary source 

that maintains its total source-wide emissions below the PAL level, meets the 

requirements in Sections XV.A. through XV.L., and complies with the PAL permit: 

XV.A.2.a. Is not a major modification for the PAL pollutant; 

XV.A.2.b. Is not subject to the major NSR review procedures in Sections I. B., V., and VI. 

of this part; and 

XV.A.2.c. Is not subject to the provisions in Section V.A. S.b. of this part (restrictions on 

relaxing enforceable emission limitations that the major stationary source used to 

avoid applicability of the major NSR program). 

XV.A.3. Except as provided under Section XV.A.2.c. above, a major stationary source shall 

continue to comply with all applicable Federal or State requirements, emission limitations, 

and work practice requirements that were established prior to the effective date of the 

PAL. 

XV. B. Permit application requirements. 

As part of a permit application requesting a PAL, the owner or operator of a major stationary 

source shall submit the following information to the Division for approval (in addition to the 

information required by Part C of this Regulation): 

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Adopted: October 20, 2011 Page 174 
XV.B.1. A list of all emissions units at the source designated as small (as defined in Section 

II.A.45. of this part}, significant (as defined in Section II.A.44. of this pari), and major (as 

defined in Section II.A.21. of this part) based on their potential to emit, and identifying 

each as such. In addition, the owner or operator of the source shall indicate which, if any, 

Federal or State applicable requirements, emission limitations or work practices apply to 

each unit. 

XV.B.2. Calculations of the baseline actual emissions for each emissions unit listed in Section 

XV.B.1. above (with supporting documentation). Baseline actual emissions are to include 

emissions associated not only with operation of the unit, but also emissions associated 

with startup, shutdown and malfunction. 

XV.B.3. The calculation procedures that the major stationary source owner or operator proposes 

to use to convert the monitoring data to monthly emissions and annual emissions based 

on a twelve-month rolling total for each month as required by Section XV.M.1. 

XV.C. General requirements for establishing PALs. 

XV.C.1. A PAL may be established at a major stationary source, provided that, at a minimum, the 

requirements in Sections XV. C. 1. a. through XV. C. 1. g. below are met. 

XV. C. 1.a. The PAL shall impose an annual emission limitation in tons per year that is 

enforceable as a practical matter, for the entire major stationary source. For each 

month during the PAL effective period after the first twelve months of establishing 

a PAL, the major stationary source owner or operator shall demonstrate that the 

sum of the monthly emissions of the PAL pollutant from each emissions unit 

under the PAL for the previous twelve consecutive months is less than the PAL 

(a rolling twelve-month total). For each month during the first eleven months from 

the PAL effective date, the major stationary source owner or operator shall 

demonstrate that the sum of the preceding monthly emissions of the PAL 

pollutant for each emissions unit under the PAL is less than the PAL. 

XV.C.1.b. The PAL shall be established in a PAL permit section of an operating permit 

issued pursuant to Pari C of this regulation that meets the public participation 

requirements in Section XV.D. 

XV.C.1.c. The PAL permit shall contain all the requirements of Section XV.F. 

XV. C. 1. d. The PAL shall include fugitive emissions, to the extent quantifiable, from all 

emissions units that emit or have the potential to emit the PAL pollutant at the 

major stationary source. 

XV. C. 1. e. Each PAL shall regulate emissions of only one pollutant. 

XV.C.1.f Each PAL shall have a PAL effective period often years. 

XV. C.1.g. The owner or operator of the major stationary source with a PAL shall comply 

with the monitoring, recordkeeping, and reporting requirements provided in 

Sections XV. K. through XV. N. for each emissions unit under the PAL throughout 

the PAL effective period. 

XV.C.2. At no time (during or after the PAL effective period) are emissions reductions of a PAL 

pollutant, which occur during the PAL effective period, creditable as decreases for 

purposes of offsets under Section V. unless the level of the PAL is reduced by the 

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Adopted: October 20, 2011 Page 175 
amount of such emissions reductions and such reductions would be creditable in the 

absence of the PAL. 

XV. D. Public participation requirement for PALs. 

PALs for existing major stationary sources shall be established, renewed, or increased in 

accordance with the significant modification provisions set forth in Section I.A. 7.of Part C of this 

regulation. The Division shall provide the public with notice of the proposed approval of a PAL 

permit and a thirty-day period for submittal of public comment. 

XV. E. Setting the ten-year actua/s PAL level. 

XV.E.1. The actuals PAL level for a major stationary source shall be established as the sum of 

the baseline actual emissions (as defined in Section II.A.4. of this Part D) of the PAL 

pollutant for each emissions unit at the source, plus an amount equal to the applicable 

significant level for the PAL pollutant under Section II.A.42. of this part, or under the 

Federal Act, whichever is lower. 

XV.E.2. When establishing the actua/s PAL level for a PAL pollutant, only one consecutive 

twenty-four month period may be used to determine the baseline actual emissions for all 

existing emissions units. However, a different consecutive twenty-four month period may 

be used for each different PAL pollutant. 

XV.E.3. Emissions associated with units that were permanently shutdown after this twenty-four 

month period must be subtracted from the PAL level. 

XV.E.4. For newly constructed units (which do not include modifications to existing units) on 

which actual construction began after the twenty-four month period, in lieu of adding the 

baseline actual emissions as specified in Section XV.E.1., above, the emissions must be 

added to the PAL level in an amount equal to the potential to emit of the units. 

XV.E.5. The Division shall specify a reduced PAL leve/(s) (in tons/yr) in the PAL permit to become 

effective on the future compliance date(s) of any applicable Federal or State regulatory 

requirement(s) that the Division is aware of prior to issuance of the PAL permit. For 

instance, if the source owner or operator will be required to reduce emissions from 

industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 

ppm, then the permit shall contain a future effective PAL level that is equal to the current 

PAL level reduced by half of the original baseline emissions of such unit(s). 

XV. F. Contents of the PAL permit. 

The PAL permit shall contain, at a minimum, the information in Sections XV.F.1. through XV.F.10. 

XV.F.1. The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

XV.F.2. The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

XV.F.3. Specification in the PAL permit that if a major stationary source owner or operator applies 

to renew a PAL in accordance with Section XV./. before the end of the PAL effective 

period, then the PAL shall not expire at the end of the PAL effective period. It shall 

remain in effect until a revised PAL permit is issued by the Division. 

XV.F.4. A requirement that emission calculations for compliance determination purposes include 

emissions from startups, shutdowns and malfunctions. 

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Adopted: October 20,2011 Page 176 
XV.F.5. A requirement that, once the PAL expires, the major stationary source is· subject to the 

requirements of Section XV. 

XV.F.6. The calculation procedures that the major stationary source owner or operator shall use 

to convert the monitoring data to monthly emissions and annual emissions based on a 

twelve-month rolling total for each month as required by Section XV. 

XV. F. 7. A requirement that the major stationary source owner or operator monitors all emissions 

units in accordance with the provisions under Section XV. 

XV.F.8. A requirement to retain the records required under Section XV. on site. Such records may 

be retained in an electronic .format. 

XV.F.9. A requirement to submit the reports required under Section XV. by the required 

deadlines. 

XV.F.10. Any other requirements that the Division deems necessary to implement and enforce 

the PAL. 

XV.G. Reopening of the PAL permit. 

XV.G.1. During the PAL effective period, the Division shall reopen the PAL permit to: 

XV.G.1.a. Correct typographical/calculation errors made in setting the PAL or reflect a 

more accurate determination of emissions used to establish the PAL. 

XV. G. 1. b. Reduce the PAL if the owner or operator of the major stationary source creates 

creditable emissions reductions for use as offsets under Section V.A.3. of this 

Part D. 

XV.G.1.c. Revise the PAL to reflect an increase in the PAL as provided under Section 

XV.J. 

XV.G.2. The Division has discretion to reopen the PAL permit to: 

XV. G.2.a. Reduce the PAL to reflect newly applicable Federal requirements (for example, 

NSPS) with compliance dates after the PAL effective date. 

XV.G.2.b. Reduce the PAL consistent with any other requirement, that is enforceable as 

a practical matter, and that the Division may impose on the major stationary 

source. 

XV.G.2.c. Reduce the PAL if the Division determines that a reduction is necessary to 

avoid causing or contributing to a NAAQS or PSD increment violation, or to an 

adverse impact on an air quality related value that has been identified for a 

Federal Class I area by a Federal Land Manager and for which information is 

available to the general public. 

XV.G.3. Except for the permit reopening in Section XV. G. 1.a. for the correction of 

typographical/calculation errors that do not increase the PAL level, all other reopenings 

shall be carried out in accordance with the public participation requirements of Section 

XV.D. 

XV. H. Expiration of a PAL. 

Regulation Number 3 

Adopted: October 20, 2011 Page 177 
Any PAL that is not renewed in accordance with the procedures in Section XV./. shall expire at 

the end of the PAL effective period, and the requirements in Sections XV.H.1. through XV.H.5. 

shall apply. 

XV.H.1. Each emissions unit (or each group of emissions units) that existed under the PAL shall 

comply with an allowable emission limitation under a revised permit established 

according to the procedures in Sections XV.H.1. through XV.H.5. of this part. 

XV.H.1.a. Within the time frame specified for PAL renewals in Section XV./.2., the major 

stationary source shall submit a proposed allowable emission limitation for each 

emissions unit (or each group of emissions units, if such a distribution is more 

appropriate as determined by the Division) by distributing the PAL allowable 

emissions for the major stationary source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an applicable 

requirement that became effective during the PAL effective period, as required 

under Section XV./.5., such distribution shall be made as if the PAL had been 

adjusted. 

XV.H.1.b. The Division shall determine whether and how the PAL allowable emissions 

will be distributed and issue a revised permit incorporating allowable limits for 

each emissions unit, or each group of emissions units, as the Division 

determines is appropriate. 

XV.H.2. Each emissions unit(s) shall comply with the allowable emission limitation on a twelvemonth rolling total basis. The Division may approve the use of monitoring systems 

(source testing, emission factors, etc.) other than GEMS, GERMS, PEMS or GPMS to 

demonstrate compliance with the allowable emission limitation. 

XV.H.3. Until the Division issues the revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as required under Section XV.H.1.a., 

the source shall continue to comply with a source-wide, multi-unit emissions cap 

equivalent to the level of the PAL emission limitation. 

XV.H.4. Any physical change or change in the method of operation at the major stationary source 

will be subject to the major NSR requirements if such change meets the definition of 

major modification in Section I/.A.22. of this Part D. 

XV.H.5. The major stationary source owner or operator shall continue to comply with any State or 

Federal applicable requirements that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those emission limitations that had 

been established pursuant to Sections V.A. 7. b. and VI. B. 4. of this part, but were 

eliminated by the PAL in accordance with the provisions in Section XV.A.2.c. 

XV. I. Renewal of a PAL.. 

XV.I.1. The Division shall follow the procedures specified in Section XV. D. in approving any 

request to renew a PAL for a major stationary source, and shall provide both the 

proposed PAL level and a written rationale for the proposed PAL level to the public for 

review and comment. During such public review, any person may propose a PAL level 

for the source for consideration by the Division. 

XV.I.2. Application deadline. 

A major stationary source owner or operator shall submit a timely application to the Division to 

request renewal of a PAL. A timely application is one that is submitted at least twelve months 

Regulation Number 3 

Adopted: October 20, 2011 Page 178 
prior to, but not earlier than eighteen months from, the date of PAL permit expiration. This 

deadline for application submittal is to ensure that the permit will not expire before the permit is 

renewed. If the owner or operator of a major stationary source submits a complete application , 

including any additional information requested by the Division, to renew the PAL within this time 

period, then the PAL shall continue to be effective until the revised permit with the renewed PAL 

is issued. 

XV.I.3. Application requirements. 

The application to renew a PAL permit shall contain the information required in Sections XV./.3.a. 

through XV.!. J.d., below. 

XV./.3.a. The information required in Sections XV.B.1. through XV.B.3. of this part. 

XV./.3.b. A proposed PAL level. 

XV./.3.c. The sum of the potential to emit of all emissions units under the PAL (with 

supporting documentation). 

XV./.3.d. Any other information the owner or operator wishes the Division to consider in 

determining the appropriate level for renewing the PAL. 

XV.I.4. PAL adjustment. 

In determining whether and how to adjust the PAL, the Division shall consider the options outlined 

in Sections XV./.4.a. and XV./.4.b. However, in no case may any such adjustment fail to comply 

with Section XV./.4.c. 

XV./.4.a. If the emissions level calculated in accordance with Section XV.E. is equal to or 

greater than eighty percent of the PAL level, the Division may renew the PAL at 

the same level without considering the factors set forth in Section XV./.4.b.; or 

XV./.4.b. The Division may set the PAL at a level that it determines to be more 

representative of the source's baseline actual emissions, or that it determines to 

be appropriate considering air quality needs, advances in control technology, 

anticipated economic growth in the area, desire to reward or encourage the 

source's voluntary emissions reductions, or other factors as specifically identified 

by the Division in its preliminary analysis or technical review document. 

XV./.4.c. Notwithstanding Sections XV./.4.a. and XV./.4.b. above, 

XV./. 4. c. (i) If the potential to emit of the major stationary source is less than the 

PAL, the Division shall adjust the PAL to a level no greater than the 

potential to emit of the source; and 

XV./.4.c.(ii) The Division shall not approve a renewed PAL level higher than the 

current PAL, unless the major stationary source has complied with the 

provisions of Section XV.J. (increasing a PAL). 

XV.I.5. If the compliance date for a State or Federal requirement that applies to the PAL source 

occurs during the PAL effective period, and if the Division has not already adjusted for 

such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V 

permit renewal, whichever occurs first. 

XV.J. Increasing a PAL during the PAL effective period. 

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Adopted: October 20,2011 Page 179 
XV.J.1. The Division may increase a PAL emission limitation only if the major stationary source 

complies with the provisions in Sections XV. J. 1. a. through XV. J. 1. d. below. 

XV.J. 1.a. The owner or operator of the major stationary source shall submit a complete 

application to request an increase in the PAL limit for a PAL major modification. 

Such application shall identify the emissions unit(s) contributing to the increase in 

emissions so as to cause the major stationary source's emissions to equal or 

exceed its PAL. 

XV.J.1.b. As part of this application, the major stationary source owner or operator shall 

demonstrate that the sum of the baseline actual emissions of the small emissions 

units, plus the sum of the baseline actual emissions of the significant and major 

emissions units assuming application of BACT equivalent controls, plus the sum 

of the allowable emissions of the new or modified emissions unit(s) exceeds the 

PAL. The level of control that would result from BACT equivalent controls on 

each significant or major emissions unit shall be determined by conducting a new 

BACT analysis at the time the application is submitted, unless the emissions unit 

is currently required to comply with a BACT or LAER requirement that was 

established within the preceding ten years. In such a case, the assumed control 

level for that emissions unit shall be equal to the level of BACT or LAER with 

which that emissions unit must currently comply. 

XV.J.1.c. The owner or operator obtains a major NSR permit for all emissions unit(s) 

identified in Section XV.J.1.a., regardless of the magnitude of the emissions 

increase resulting from them (that is, no significant levels apply). These 

emissions unit(s) shall comply with any emissions requirements resulting from 

the major NSR process (for example, BACT or LAER), even though they have 

also become subject to the PAL or continue to be subject to the PAL. 

XV.J.1.d. The PAL permit shall require that the increased PAL level shall be effective on 

the day any emissions unit that is part of the PAL major modification becomes 

operational and begins to emit the PAL pollutant. 

XV.J.2. The Division shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the 

significant and major emissions units (assuming application of BACT equivalent controls 

as determined in accordance with Section XV.J.1.b.), plus the sum of the baseline actual 

emissions of the small emissions units. 

XV.J.3. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public 

notice requirements of Section XV.D. of this part. 

XV.K. Monitoring requirements for PALs. 

XV. K. 1 . General Requirements. 

XV.K.1.a. Each PAL permit shall contain enforceable requirements for the monitoring 

system that accurately determines plant-wide emissions of the PAL pollutant in 

terms of mass per unit of time. Any monitoring system authorized for use in the 

PAL permit must be based on sound science and meet generally acceptable 

scientific procedures for data quality and manipulation. Additionally, the 

information generated by such system must meet minimum legal requirements 

for admissibility in a judicial proceeding to enforce the PAL permit. 

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Adopted: October 20,2011 Page 180 
XVK.1.b. The PAL monitoring system must employ one or more of the four general 

monitoring approaches meeting the minimum requirements set forth in Sections 

XV.K.2.a. through XV.K.2.d. and must be approved by the Division. 

XV.K.1.c. Notwithstanding Section XV.K.1.b., you may also employ an alternative 

monitoring approach that meets the requirements of Section XV.K.1.a. if 

approved by the Division. 

XV. K. 1. d. Failure to use a monitoring system that meets the requirements of this Section 

renders the PAL invalid. 

XV.K.2. Minimum Performance Requirements for Approved Monitoring Approaches. 

The following are acceptable general monitoring approaches when conducted in accordance with 

the minimum requirements in Sections XV.K.3. through XV.K.9: 

XV.K.2.a. Mass balance calculations for activities using coatings or solvents; 

XV.K.2.b. GEMS (as defined in Section 1.8.14. of Part A); 

XV.K.2.c. CPMS or PEMS (as defined in Sections 1.8.16. and 1.8.38., respectively, of 

Part A); and 

XV.K.2.d. Published, verifiable emission factors 

XV.K.3. Mass Balance Calculations. 

An owner or operator using mass balance calculations to monitor PAL pollutant emissions from 

activities using coating or solvents shall meet the following requirements: 

XV.K.3.a. Provide a demonstrated means of validating the published content of the PAL 

pollutant that is contained in or created by all materials used in or at the 

emissions unit; 

XV. K. 3. b. Assume that the emissions unit emits all of the PAL pollutant that is contained 

in or created by any raw material or fuel used in or at the emissions unit, if it 

cannot otherwise be accounted for in the process; and 

XV.K.3.c. Where the vendor of a material or fuel, which is used in or at the emissions 

unit, publishes a range of pollutant content from such material, the owner or 

operator must use the highest value of the range to calculate the PAL pollutant 

emissions unless the Division determines there is site-specific data or a sitespecific monitoring program to support another content within the range. 

XV.K.4. GEMS. 

An owner or operator using GEMS to monitor PAL pollutant emissions shall meet the following 

requirements: 

XV.K.4.a. GEMS must comply with applicable Performance Specifications found in the 

Code of Federal Regulations Title 40, Part 60, Appendix B, and Part 75; and 

XV.K.4.b. GEMS must sample, analyze and record data at least every fifteen minutes 

while the emissions unit is operating. 

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Adopted: October 20, 2011 Page 181 
XV.K.5. CPMS or PEMS. 

An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

XV.K.S.a. The CPMS or the PEMS must be based on current site specific data 

demonstrating a correlation between the monitored parameter(s) and the PAL 

pollutant emissions across the range of operation of the emissions unit; and 

XV.K.S.b. Each CPMS or PEMS must sample, analyze, and record data at least every 

fifteen minutes, or at another less frequent interval approved by the Division, 

while the emissions unit is operating. 

XV.K.6. Emission factors. 

An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the 

following requirements: 

XV. K. 6.a. All emission factors shall be adjusted, if appropriate, to account for the degree 

of uncertainty or limitations in the factors' development; 

XV.K.6.b. The emissions unit shall operate within the designated range of use for the 

emission factor, if applicable; and 

XV. K. 6. c. If technically practicable, the owner or operator of a significant emissions unit 

that relies on an emission factor to calculate PAL pollutant emissions shall 

conduct validation testing to determine a site-specific emission factor within six 

months of PAL permit issuance, unless the Division determines that testing is not 

required. 

XV.K.7. A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions 

unit during any period of time that there is no monitoring data, unless another method for 

determining emissions during such periods is specified in the PAL permit. 

XV.K.8. Notwithstanding the requirements in Sections XV.K.3. through XVK. 7., where an owner 

or operator of an emissions unit cannot demonstrate a correlation between the monitored 

parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions 

unit, the Division shall, at the time of permit issuance: 

XV. K. 8. a. Establish default value(s) for determining compliance with the PAL based on 

the highest potential emissions reasonably estimated at such operating point(s); 

or 

XV. K. 8. b. Determine that operation of the emissions unit during operating conditions 

when there is no correlation between monitored parameter(s) and the PAL 

pollutant emissions is a violation of the PAL. 

XV.L Re-validation. 

All data used to establish the PAL pollutant must be re-validated through performance testing or 

other scientifically valid means approved by the Division. Such testing must occur at least once 

every five years after issuance of the PAL. 

XV.M. Recordkeeping requirements. 

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