© 2011 State of Colorado 

All Rights Reserved 

1.8.17. Criteria pollutants 

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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), PM10, 

PM2.5, total suspended particulate matter, ozone, volatile organic compounds (as a 

precursor to ozone), and lead. 

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

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

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

metals, and municipal waste combustor acid gases. 

. .18. Designated Representative 

Mean a responsible natural person authorized by the owners and operators of an aff 

source a d of all affected units at the source, as evidenced by a certificate of repre ntation 

submitted 1 accordance with Subpart B of Code of Federal Regulations, Title 4 , art 72, to 

represent an gaily bind each owner and operator, as a matter of law, in m ers pertaining 

to the acid rain p gram. Whenever the term responsible official is used, i all be deemed 

to refer to the desi ted representative with regard to all matters under. e acid rain 

program. 

l.B.19. DraftPermit 

Means a proposed form of a per · that is released to the blic for an opportunity for public 

comment and hearing, and for affec to the Division's final decision on a 

permit application . 

l.B.20. Existing Source 

An air pollutant source that has been con ructed, · in operation, or has received an initial 

approval of a construction permit prior the effectiv ate of applicable requirements. 

l.B.21 . Fugitive Dust 

For purposes of this Regul ·on Number 3, fugitive dust means ii or other airborne 

particulate matter (exclu · g particulates produced directly during mbustion) resulting from 

natural forces or from rface use or disturbance, including, but not Ii 'ted to, all dust from 

agriculture, constru ion, forestry, unpaved roads, mining, exploration, o imilar activities in 

which earth is ei er moved, stored, transported , or redistributed ; except th fugitive dust 

shall not inclu any fraction of such soil or other airborne particulate matter t tis of a size 

to adversely affect public health or welfare. 

eans a single permit issued to cover numerous similar sources. 

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.B.23. Greenhouse Gas (GHG) 

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

nitro oxide (N20), methane (CH4 ), hydrofluorocarbons (HFCs), perfluorocarbons (PF ), 

and s ur hexafluoride (SF6). These gases are treated in aggregate based on the tot 

carbon ·oxide equivalent (C02e) as the pollutant GHG. See definition for carbon di ide 

equivalen C02e). 

A facility, buildin structure, or installation, or any combination thereof, excl t:J ing dwellings, 

which can reasona ly be expected to cause or induce substantial mobile urce activity that 

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

attainment and mainte ance of National Ambient Air Quality Standard . 

1.8.25. Major Source 

Any stationary source or grou of stationary sources belonging the same industrial 

grouping (see Section l.B.43. o th is Part A), that are located one or more contiguous or 

adjacent properties and are unde common control of the sa e person (or persons under 

common control) that: 

l.B.25.a. Directly emits , or has the pote ial to emit considering enforceable 

controls, in the aggrega , ten tons R r year or more of any hazardous air 

pollutant or twenty-five to per ye or more of any combination of 

hazardous air pollutants, o uch sser quantity of hazardous air pollutants 

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

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

emissions from any pipeline o ressor or pump station shall not be 

aggregated with emission from o er similar units , whether or not such units 

are in a contiguous area r under c mon control, to determine whether 

such units or stations e major sour s, and in the case of any oil or gas 

exploration or produ on well (with its sociated equipment), such 

emissions shall not e aggregated for an purpose under this provision. 

Fugitive emission shall be considered in termining whether a stationary 

source of hazar ous air pollutants is a major ource. 

l.B.25.b. Dire tly emits, or has the potential toe · , one hundred tons per 

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

not be c sidered in determining whether a source a major source for 

purpos s of this Section l.B.25.b., unless the source longs to one of the 

follo ng categories of stationary sources: 

1.B.25.b.(iii) 

l.B.25.b.(iv) 

l.B.25.b.(v) 

l.B.25.b.(vi) 

Coal cleaning plants (with thermal dryers); 

Kraft pulp mills; 

Portland cement plants; 

Primary zinc smelters; 

Iron and steel mills; 

Primary aluminum ore reduction plants; 

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1. 8 .25.b.(vii) Primary copper smelters; 

1. 8.25.b.(viii) Municipal incinerators capable of charging more than 25 

tons of refuse per day; 

1. 8 .25.b.(xiv) 

1.8.25.b.(xv) 

1.8.25.b.(xvi) 

1.8.25.b.(xvii) 

1. 8 .25.b.(xviii) 

1. 8.25.b.(xix) 

1. 8.25.b.(xx) 

Hydrofluoric, sulfuric, or nitric acid plants: 

Petroleum refineries: 

Lime plants; 

Phosphate rock processing plants; 

Coke oven batteries; 

1. 8.25.b.(xxii) Petrol um storage and trans r units with a total storage 

capacity exc ding 300,000 barrels; 

1.8.25.b.(xxiii) conite ore processing plants: 

Glass fiber processing plants: 

Charcoal production plants: 

1. 8.25 . . (xxvi) Fossil fuel-fired steam electric plants of mor 

million British thermal units per hour heat input: or 

.25.b.(xxvii) Any other stationary source categories regulated ya 

standard promulgated as of August 7, 1980 under Section 11 or 

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

that have been regulated for that category . 

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

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

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tationary source that does not qualify as a major source (as defined in Section 1.8.2 

above 

1. 8.27 . 

Motor vehicles nd other sources of air pollution that emit pollutants while movi g and that 

commonly do no emain at one site (one or more contiguous or adjacent pro erties owned or 

operated by the sa e person or by persons under common control). but d s not include 

portable sources. 

1.8.28. Modification 

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

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

this regulation}, and that increase the emission rate of any ollutant for which a federal or 

state emission standard has been p mulgated or that res ts in the emission of any such 

pollutant previously not emitted. The llowing exceptio apply: 

1.8.28.a. 

1.8.28.b. Unless previously Ii 

conditions, the following s 

method of operation: 

1.8.28.b.(i} An i rease in the prod lion rate if such increase does not 

exceed th aesign capacity of the ource and does not lead to 

in excess of the emission tandards; 

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

e ssions in excess of the emission stand ds . 

. (iii) Use of an alternative fuel or raw mater I by reason of an 

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

Supply and Environmental Coordination Act of 197 (or any 

superseding legislation), a prohibition under the Fed al Power Plan 

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

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

Federal Power Act; · 

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

Section 125 of the Federal Act; or 

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

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

excluded in determining whether a modification will occur. Emissions from 

ongoing construction, and emissions from natural gas flaring are not 

considered to be temporary emissions, and are included in determining 

whether a modification wi ll occur. 

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l.B.28.d. This definition shall not be used as a definition of major modification 

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

regulation)-- these are distinct and separate definitions. 

Any physical change or change in the method of operation at a 

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

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

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

source performance standards or hazardous air pollutant require ents under 

he Federal Act is not considered to be a modification; except t t any such 

c ange shall trigger the provisions of Part 8, Section 111.D.1 .a. hrough 

Ill. 1.g., and Part C, Sections X.A. , and Part C Sections XI .'A. or Xll.8., as 

appr riate. 

for Adm istrative Permit Amendment see Section 1.8 .. of Part A 

for Minor ermit Modification, see Section 1.A.2. of P. rt C 

for Major dification. see Section 11.A.22. of Part 

for Permit Mo ification, see Section l.A.3. of Pa 

for Permit Rev1 ·on, see Section 1.8.34. of Part 

for Significant Pe it Modification, see Secti l.A.7. of Part C 

1.8.29. New Source 

A stationary air pollution source, other th 

1. 8 .30. Non-criteria Reportable Pollutants 

The list of pollutants set forth in Appendix 

Section 602 of the Federal Act. 

l.B.31 . Non-Road Engine 

1.8.31 .a. 

1.B.31 .b. 

discussed in Section l.B.31 .. of this definition, a non-road 

rnal combustion engine: 

l.B.31 .a.(i) In or on a piece of equipment that i self-propelled or serves 

a ual purpose by both propelling itself and p arming another 

unction (such as garden tractors, off-highway obile cranes and 

bulldozers); or 

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

while performing its function (such as lawnmowers an string 

trimmers); or 

l.B.31 .a.(iii) That, by itself or in or on a piece of equipment is po ble or 

transportable, meaning designed to be and capable of being rried 

or moved from one location to another. lndicia of transportabili 

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

trailer or platform. 

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

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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 

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

Performance Standard promulgated under Section 111 of the 

Federal Act; or 

.(iii) The engine otherwise included in Section 1.8.31 .. (i ii) of this 

efinition remains or will remain at a location for more t n twelve 

nsecutive months or a shorter period of time for an gine located 

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

stru tu re , facility, or installation. Any engine (or en nes) that 

repla s an engine at a location and that is inten d to perform the 

same o similar function as the engine replaced ill be included in 

calculati the consecutive time period . An e ine located at a 

seasonal urce is an engine that remains a a seasonal source 

during the f I annual operating period of th seasonal source. A 

seasonal sou e is a stationary source th remains in a single 

location on a p manent basis (i.e., at I st two years) and that 

operates at a sin le location approxim tely three months (or more) 

each year. This S ction does not a ly to an engine after the engine 

is removed from the ocation. · 

1.8.31.c. (State-only Requireme 

existing major source 

1.8.31 .c.(i) Submit air pollutant emissi n notice and pay the 

appropriate fee pursuant to Section VI. of Part A of th is regulation; 

1.8.31 .c.(ii) it an application for a site-sp ific, temporary, non-road 

engine pe it on forms supplied by the Divis n if the estimated 

annual a tual emissions reported on the Air P lutant Emission 

Notice, s required by Section 1.8.31 .c.(i), are e ual to or exceed 

one ndred tons per year or more of nitrogen ox es, 100 tons per 

yea or more of carbon monoxide, or forty tons per ear or more of 

su ur dioxide. After receipt and review of a complet application , the 

1vision shall issue a state-only non-road engine per · containing 

such terms and conditions as are necessary to protect t e ambient 

air quality standards. 

1.c.(iii) The operator of a non-road engine that is exempt ba ed on 

hours of operation or the annual emissions thresholds describ d 

above, must maintain sufficient records to verify that the engine r 

engines are exempt from the state-only reporting and permit 

requirements. Such records shall be made available for Division 

review upon request. 

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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 e ines 

nder Section 1.8.31.a.(iii) of this definition, are subject to the following stat nly 

r uirements: 

1.8.31 .d.(i) Submit an air pollutant emission notice and p 

required by Section VI. of this Part; 

31 .d.(ii) Submit an application for a site-specific, mporary, stateonly non-road engine permit on forms supplied y the Division if the 

estimated annual actual emissions reported the air pollutant 

mission notice, as required by Section 1.8. 9.d.(i), are equal to or 

e ceed forty tons per year or more of nitr en oxides, one hundred 

ton per year or more of carbon monoxi e, or forty tons per year or 

mor of sulfur dioxide. After receipt an review of a complete 

applic ion, the Division shall issue emporary state-only non-road 

rmit containing such te and conditions as are 

o protect the ambient ir quality standards. 

1. 8.32. Operating Permit 

Unless the context suggests otherwis , any permit or oup of permits covering an operating 

permit source that is issued, renewe , amended or revis pursuant to Part C of this 

Regulation Number 3. 

Any source subject to the J1 

Any permit modifica on, minor permit modification, or administrative per it amendment. No 

permit revision sh I be required for increases in emissions that are autho ed by allowances 

acquired pursua to the acid rain program provided that such increases do ot require a 

permit revision nder any other applicable requirement. 

Any ac · ity that through process changes, product reformulation or redesign, or sub 'tution 

of les polluting raw materials, eliminates or reduces the release of air pollutants (inclu ·ng 

fugi · e emissions) and other pollutants to the environment prior to recycl ing , treatment, 

di osal. This definition does not include recycling (other than certain "in-process recyclin " 

actices), energy recovery, treatment, or disposal. 

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

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

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

The maximum apacity of a stationary source to emit a pollutant under its physi 

operational des1 n. Any physical or operational limitation on the capacity oft source to 

emit a pollutant, i luding air pollution control equipment and restrictions on ours of 

operation or on the pe or amount of material combusted, stored, or proc sed, shall be 

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

enforceable and federa enforceable. Secondary emissions do not c unt in determining the 

potential to emit of a stat1 nary source. 

1.8.38. Predictive Emissions onitoring System (PEMS) 

All of the equipment necessary t monitor process and contr< device operational parameters 

(for example, control device secon ary voltages and electri currents) and other information 

(for example, gas flow rate, 02 or C 2 concentrations), d calculate and recoro the mass 

emissions rate (for example, lb/hr) on continuous bas · . 

1.8.39 . Regulated Air Pollutant 

s, except as listed in the definition of 

negligibly reactive volatile organic compounds the Common Provisions regulation; any 

pollutant for which a national or state ambie air Liality standard has been promulgated ; any 

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

(Regulation Number 6); any class I or II bstance s ·eel to a standard promulgated under 

or established by Title VI of the Feder Act; any pollut t subject to a standard promulgated 

under Section 112 or other requirem ts established un r Section 112 of the Federal Act, 

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

standard promulgated pursuant t Colorado Revised Statute Section 25-7-109.3(5)(a), 

(state-only hazardous air pollut ts listed in Section 25-7-109. 5)(a) are subject to state 

enforcement only and do not 1gger enforcement by the Admini ator or by citizens under 

Section 304 of the Federal ct.) 

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

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

For a corporation : a president, secretary, treasurer, or vie president 

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

person who performs simi lar policy or decision making functions for th 

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

representative is responsible for the overall operation of one or more 

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

permit and either: 

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

persons or have gross annual sales or expenditures exceeding 

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

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

approved in advance by the Division; 

For a partnership or sole proprietorship: a general partne or the 

proprietor, respectively; 

For a municipality, state, federal, or other public age y; either a 

incipal executive officer, or ranking elected official. Fort purposes of this 

s tion, a principal executive officer of a federal agency i ludes the chief 

exe tive officer having responsibility for the overall op ations of a principal 

geog hie unit of the agency; or 

l.B.40.d. r affected sources: 

l.B.40.d.(i) The designated representative · so far as actions, 

stan rds, requirements, or prohibitio under Title IV of the Federal 

Act or t e regulations, found at Cod of Federal Regulations Title 40, 

Part 72, omulgated there under e concerned; and 

ederal Regulations Title 40, Part 70. 

I. B.41 . Schedule of compliance 

A schedule of required measures, including a nforceable sequence of actions or 

operations, leading to compliance with an a lie le state implementation plan , emission 

standard, emission limitation, emission pro ibition, remission control regulation . 

l.B.42. State-only Condition 

Means any standard, term or conditi n that is not require by Part C of this regulation (Title V 

Operating Permits), Part D of this r, gulation (major New S urce Review), Title Ill (hazardous 

air pollutants) or Section 111 (N Source Performance Sta dards) of the Federal Act, is not 

required to be federally enforc ble to participate in the early ductions program, is not 

required to create a federally nforceable emissions limitation i rder to create a synthetic 

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

requirement under the Fe eral Act. 

Any building, struct re, facility, or installation, or any combination thereof elonging to the 

same industrial gr, uping that emits or may emit any air pollutant subject to gulation under 

the Federal Act hat is located on one or more contiguous or adjacent prope 'es and that is 

owned or ope ted by the same person or by persons under common control. hose 

emissions r ulting directly from an internal combustion engine for transportation urposes or 

from a no road engine as defined in Section l.B.29. of this Part shall not be consi red a 

stationa source. Building, structures, facilities , equipment, and installations shall b 

consid ed to belong to the same industrial grouping if they belong to the same major roups 

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

Ma al, 1987, but not later amendments. See National Technical Information Service, Or r 

N mber PB 87-100012. The manual is available for examination at the office of the Directo 

f the Air Po;lution Control Division, Department of Public Health and Environment, 4300 

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

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

for isling Source, see Section 1.8.20. of Part A 

for In ct Source, see Section 1.8.24. of Part A 

for Major rce, see Section 1.8.25. of Part A 

for Major Stat1 ary Source, see Section 11.A.26. of Part D 

for Minor Source, e Section 1.8.26. of Part A 

for Mobile Source, se ection 1.8.27. of Part A 

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

for Portable Source, see Sec 1.8.36. of Part A 

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

1.8.44. Subject to Regulation 

For any air pollutant, that the pollutant is s Ject either a provision in the Federal Act, or a 

nationally-applicable regulation codifie y the Adm1 · trator in Subchapter C of 40 CFR 

Chapter I of the Federal Act, that r ires actual contro the quantity of emissions of the 

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

limit or restrict the quantity emissions of that pollutant release rom the regulated activity, 

except that: 

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

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

.B.44.b. For purposes of Section 1.8.44.c. through e., the term C02e th is 

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

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 nonfoss ilized 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 va lue from Section 1.8.44.b.(i) of this 

A, for each gas to compute a tpy C02e. 

Beginning January 2, 2011 , the pollutant GHG is s · ct to 

regulation concerning major stationary source new source review 

prevention of significant deterioration if: 

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

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

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

I. . (ii) The stationary source is an existing ma· stationary source 

r a regulated NSR pollutant that is not G , and also will have an 

ions increase of a regulated NS llutant, and an emissions 

f 75,000 tpy C02e or m 

1. 8.44.e.(i) ming operating mils (Sections I through XIV of Part 

C), at w or existing stationary s rce that will emit or have the 

ial to emit 100,000 tpy C02e; or 

I. . 4.e.(ii) Concerning major stationary source new urce review and 

prevention of significant deterioration and operating p 

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

potential to emit 100,000 tpy C02e; or 

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

the potential to emit 100,000 tpy C02e, when such stationary source undertakes a physical change or change in the 

method of operation that will result in an emissions increase 

of 75,000 tpy C02e or more. 

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

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

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

emissions at stationary sources under the New Source Review P. vention of 

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

r ulation, GHG emissions under the corresponding pro ms in this 

Reg lion Number 3 shall be limited or rendered ine live to the same 

extent. 

1. 8.45. Temporary Source 

A source in operation for not more than 

that a longer time period is appropriate. 

The annual emission rate corresP. ding to the annual pro ss rate listed on the Air Pollutant 

Emission Notice form, without nsideration of any emission trol equipment or 

procedures. 

The Division may a w a source to forego calculating or estimating its u 

emissions of h rdous air pollutants upon a showing by the source and a ermination by 

the Division at the creation of such data is unreasonably costly, technically im ctical or 

not reas ably related to information necessary for making regulatory decisions wi espect 

to th The Division's final determination may be appealed to the Commission 

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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 i 

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

oduct is saturated with water. Screens that use spray bars for the purposes of dus ontrol 

ar not included in this definition. 

II. Air Po utant Emission Notice (APEN) Requirements 

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

Except as specifically empted in Section 11.D., no person shall allow emissio of air pollutants from , 

or construction , modifica ·on or alteration of, any facility, process, or activity ich constitutes a 

stationary source, except sidential structures, from which air pollutants ar . or are to be, emitted 

unless and until an Air Pollu nt Emission Notice and the associated Air A llutant Emission Notice fee 

has been filed with the Divisio with respect to such emission. Each s notice shall specify the 

location at which the proposed ission will occur, the name and ad ess of the persons operating 

and owning such facil ity, the natu of such facility, process or activ' . an estimate of the quantity and 

composition of the expected emissi and other information as re uired in the current Air Pollutant 

Emission Notice form. 

11. 8. General 

11.8.1 . Emission Estimate 

e an estimate of the annual actual emissions, 

including emission controls. The emissio stimate shall be based upon actual test data or, 

in the absence of such data, upon estim lion acceptable to the Division. The following 

alternative estimate methods, in order f desce ding acceptabil ity, are acceptable to the 

Division: 

11.8.1.a. Mass balance c culations or a publi ed, verifiable emission factor, 

whichever is st applied to the sourc 

emission monitoring will not be requ ir solely to meet the Air 

sion Notice reporting requirements. 

or operator shall provide a justification to the Divis n for not using any 

metho that are higher on the list than the method the owner r operator proposes 

to us . If none of the above methods are available or applicabl o the source, an 

ap opriate method will be determined on a case-by-case basis b the Division , 

I ing into account the provisions of Section 11.C.2. of this Part A. 

The Division shall make available to all air pollution control authority o 1 es 

appropriate forms on which the information required by this section shall 

submitted . 

Air Pollutant Emission Notice Term 

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

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

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

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

Fo criteria pollutants, Air Pollutant Emission Notices are required for: ea individual 

emi ion point in a nonattainment area with uncontrolled actual emissio s of one ton 

per y r or more of any individual criteria pollutant (pollutants are not ummed) for 

which t area is nonattainment; each individual emission point in a attainment or 

attain me maintenance area with uncontrolled actual emissions o two tons per year 

or more of y individual criteria pollutant (pollutants are not su ed); each . 

individual e . sion point with uncontrolled actual emissions of ad greater than one 

hundred poun per year, regardless of where the source is I cated. 

For non criteria repo ble pollutants, Air Pollutant Em· sion Notices are required for 

each individual emissio point with uncontrolled act I emissions that exceed the de 

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

11.8.4. Source Grouping 

Grouping of multiple emission points on single Air ollutant Emission Notice shall be 

allowed as often as possible, provided the verall oals of receiving accurate and verifiable 

emissions information are not compromise . Th following guidelines shall be used to 

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

guidelines only, and specific questions regar n grouping should be directed to the Division. 

11.8.4.a. All of the aggrega d sources have identi I source classification codes and 

emission factors or criteria pollutants; 

location within the facility; 

11.8.4.c. Similar s rces regulated under the New Source rformance Standards 

(Regul ion Number 6) and non-New Source Perfor 

shoul not be grouped; 

e of the individual sources is required to monitor emis 

e of continuous emission monitors; 

. Each of the individual emission points has fuel usage, producti , and a 

consumption level, which are indistinguishable from the other po 

have been grouped on the Air Pollutant Emission Notice; 

None of the individual sources grouped on the Air Pollutant Emission 

has previously been issued its own separate emissions permit. 

The Division maintains its authority to require individual separate Air 

Pollutant Emission Notices for any process or activity. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 18 

11.C. 

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

criteria upon a showing that an alternative is reasonable and wi ll not 

compromise the overall goals of receiving accurate and verifiable emissi 

information. 

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

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

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

the Division shall be used for emission fee calculations as scribed in 

Section VI. of this Part A. 

11.C.1. A revised /4. Pollutant Emission Notice shall be filed : 

5 CCR 1001-5 

whenever a significant change (as 

annual a ual emissions occurs: or 

or operator of any facility, process, 

11.C.1.f. A revised Air Pol tant Emission No ·ce is not required whenever the location 

of a portable f 11ity, process, or activ is changed , however, the owner or 

operator of s ch source must file a relo lion notice. Such notice shall be 

received b he Division at least ten days rior to the change in location. 

Alternativ ly, the owner or operator of a po able source may request written 

approv from the Division to report multiple locations. Relocation forms 

are a ilable at the Division offices. 

11.C .1.g.A evised Air Pollutant Emission Notice is not requ ed for emergency or 

ackup generators that are ancillary to the main unit at electric utility 

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

Federal Act. 

.C.1.h.A revised Air Pollutant Emission Notice is not required fore ergency or 

backup generators for electric power generating facilities that re not 

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

containing limits on the physical or operational capacity of the so ce to emit 

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

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

an owner or operator of such a source chooses to file a revised Air Pol tan! 

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

the annual actual emissions for the preceding three years. 

CODE OF COLORADO REGULATIONS 
:i.; 20 I I Siate of Colorado 

/\ II Rights Reserved 

34 CR 21 and 22, 11-11 Page 19 

11. C.3. 

i nificant change, for the purposes of this section means: 

For sources emitting less than undred tons per year, a 

change in annual actual emissions of five tons ear or more, 

above the level reported on the last Air Pollutant Emis 

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

11.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 

11.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 th ast 

Air Pollutant Emission Notice submitted to the Division, of a such 

air pollutant; or 

.2.b.(iv) A change in annual actual emissions, abov 

reported on the last Air Pollutant Emission Nolie 

ivision, of fifty pounds of lead. 

11 .C.3.a. Revised Air Pollut t Emission Notices s 

within thirty days befo the five-year t 

source occurs. 

11 .C.3.c. Sources submittin revised Air Pollutant ission Notices to inform the 

Division of a ch ge in annual actual emissio rates must do so by April 30 

of the follow· g year (e.g., a change in emission ·n calendar year 1993 must 

be report by April 30, 1994 ). 

11 .C.3.d.Air llutant Emission Notices for changes in control eq · ment must be 

milted before the change occurs); except for control equ· ment at 

condensate storage tanks located at oil and gas exploration a roduction 

facilities subject to the requirements in Regulation Number 7, Sec · n XII. 

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

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

control equipment is relocated or removed . 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 20 

Exemptions from Air Pollutant Emission Notice Requirements 

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

Notices must be filed for all emission units specifically identified in the applica · 1ty 

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

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

E. However, Air Pollutant Emission Notices need not be filed for wet sere ning 

operations subject to Subpart 000 of the New Source Performance St dards if the 

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

Stationary urces having emission units that are exempt from the requir 

Pollutant Em sion Notice must nevertheless comply with all requireme that are otherwise 

applicable spe "fically to the exempted emission units, including, but t limited to: Title V, 

Prevention of Si ificant Deterioration, nonattainment New Source view, opacity 

limitations, odor Ii "tations, particulate matter limitations and volati organic compounds 

controls. 

An applicant may not o · any information regarding APEN empt emission units in any 

permit application if such i ormation is needed to determi the applicability of Title V (Part 

C of this Regulation Numbe ), Prevention of Significan eterioration (Section VI. , Part D of 

this Regulation Number 3), or onattainment New Sour. e Review (Section V. , Part D of this 

Regulation Number 3). 

The following sources are exempt f m the requir ment to file Air Pollutant Emission Notices 

because by themselves, or cumulativ as a c egory, they are deemed to have a negligible 

impact on air quality. 

11.D.1 .a. Individual emission point 1 nonattainment areas having uncontrolled actual 

emissions of any criteri poll ant of less than one ton per year, and 

individual emission p nts in at inment or attainmenUmaintenance areas 

having uncontrolle ctual emis · ns of any criteria pollutant of less than two 

tons per year, an each individual mission point with uncontrolled actual 

emissions of le less than one hun ed pounds per year, regardless of 

where the so ce is located. 

11.D.1 .b. Individual mission points of non criteria r ortable pollutants having 

uncontr ed actual emissions less than the e minimis levels as determined 

followi g the procedures set forth in Appendi 

11.D.1.c. Air. onditioning or ventilating systems not design to remove air pollutants 

nerated by or released from other processes ore uipment. 

.a. Fireplaces used for recreational purposes, inside or ou "de . 

. 1.e. Fires and equipment used for noncommercial cooking of fo d for human 

consumption, or cooking of food for human consumption at c mercial food 

service establishments, except for char broilers and wood fire quipment 

(but not including campfires) in PM10 nonattainment areas. Cha roiler shall 

mean a cooking device in a commercial food service establishmen either 

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

an open flame, charcoal or embers. 

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

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
td 20 I I State of Colorado 

All Rights Reserved 

34 CR 21 and 22, 11 -11 Page 21 

11. 0 .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, art 

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

ajor source (as defined in Section l.B.25. of this part); (2) meets or. exceeds 

th storage capacity thresholds of a federal New Source Performa ce 

Sta ard (Regulation Number 6, Part A); or (3) participates in th early 

reduc ·on program of the Federal Act, Section 112. Ancillary op, rations such 

as fueh g stations located at farms or ranches are not exemp, from Air 

Pollutant mission Notice and permit requirements unless erwise below 

the de min· is emission levels contained in this regulatio and are not 

exempt fro other applicable regulation promulgated by e Commission. 

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

including all buil · gs or other structures used prim ily as a place of 

residence, and inc ding home heating devices. 

11.D.1.i. Laboratories and rese rch & development faci · ies: 

11.D.1.i.(ii) Research and de 

scale and that process I 

material per year; 

11. 0 .1.i.(i ii) Small pilot ca le researc and development projects less 

than six months i duration with co rol led actual emissions less than 

five hundred po nds of any criteria p llutant or ten pounds of any 

non criteria re ortable pollutant. 

11.D.1.j. Disturbance of surf ce areas for purposes of land evelopment, that do not 

exceed twenty-fiv contiguous acres and that do no exceed six months in 

duration. (This oes not include mining operations o isturbance of 

contaminated oil). 

11.0.1.k. Each indiv· ual piece of fuel burning equipment, other Iha smokehouse 

generato and internal combustion engines, that uses gas us fuel, and that 

has ad sign rate less than or equal to five million British ther al units per 

hour. See definition of fuel burning equipment, Common Prov 

Reg ation). 

ernal combustion engines powering portable drilling rigs. 

Exemption Repealed 

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

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

twenty-five gallons. 

CODE OF: COLORADO REGULATIONS 5 CCR 1001-5 
Page 22 

5 CCR 1001-5 

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

that apply to such operations must be followed (see Regulation Number 1 ). 

1.0.1.r. Brazing, soldering, or welding operations, except those that use lead based 

compounds. All welding that occurs strictly for maintenance purposes is 

exempt. 

Street and parking lot striping . 

11. 0 .1.v. Sawing o rations, that is ancillary to facility operations, d is not part of the 

production 

11.0.1.w. The pr ess of demolition and re bricking o urnaces and kilns. This 

does not include bsequent operation of such fur. aces or kilns. 

11.0.1 .x. Road and lot paving erations at commercial nd industrial facil ities , except 

that asphalt and ceme batch plants requir Air Pollutant Emission Notices 

and permits, unless exe t under some o er section . 

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

11.0.1.z. Fire training activities. 

11.0.1.aa. 

11.0.1.bb. 

11.D.1.cc. Fugitive emis ions from landscaping ctivities (e.g., weeding , 

sweeping). 

11.0.1.dd. d herbicides. 

11.0.1.ee. 

11.0.1.ff. Emerge y events such as accidental fires. 

11.D.1.gg. Smoking rooms and areas. 

Plastic pipe welding . 

11.D .1. i. Vacuum cleaning systems used exclusively for industrial, commercial, r 

'esidential housekeeping purposes . 

. 0 .1.jj. Beauty salons. 

CODE OF COLORADO REGULATIONS 
© 20 I I State of Colorado 

All Rights Reserved 

34 CR 21 and 22, 11-11 Page 23 

Operations involving acetylene, butane, propane and other flame 

cutting torches. 

m. Chemical storage areas where chemicals are stored in clos 

ontainers, and where total storage capacity does not exceed five ousand 

g Ions. This exemption applies solely to storage of such chemic s. This 

ption does not apply to transfer of chemicals from , to, orb 

11.D.1.nn. rchitectural painting , roof coating material and as ciated surface 

preparati (except for sandblasting and except for volatil organic 

compound missions, associated with surface preparati n, above Air 

Pollutant Em· sion Notice de minimis levels) for maint ance purposes at 

industrial or c mercial facilities. 

11.D.1.oo. Emission that are not criteria (as define n Section 1.8.17. of this 

part) or non-criteri eportable pollutants (as defi ed in Section 1.8.30. of th is 

part) (These emissio s include methane, etha . and carbon dioxide). 

11. D.1.pp. 

11.D.1.qq. Grounds keeping 

11.D .1.rr. Sources of odorous e issio that do not utilize emission control 

equipment for control of odorou e 1ssions. This exemption applies to the 

odor emissions only. All other e · sions are subject to other exemptions set 

forth in th is regulation. This exe ion does not exempt any source from the 

requirements of Regulation Nu ber 

11. D.1.ss. 

. and restrooms. 

11.D.1.uu. 

11.D.1.vv. Electricall operated curing ovens, dryin 

activities, article . equipment, or appurtenances. is exemption applies to 

the ovens only and not to the items being dried in t 

11.D.1.ww. 

11. D.1.xx. ast cleaning equipment using a suspension of a asive in water 

exhaust system or collector serving them exclusive . 

11. D.1.yy. Commercial laundries (except dry cleaners) that do not 

so d fuel. 

11 .D.1.z . Storage of butane, propane, or liquefied petroleum gas in a 

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

requirements of Regulation Number 7, Section IV. are met, where appl1 able . 

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

lubricating oils or used lubricating oils. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Pa ge 24 

5 CCR 1001-5 

Venting of compressed natural gas, butane or propane gas cylinder , 

with a capacity of one gallon or less . 

. ccc. Fuel storage and dispensing equipment in ozone attainment ar as 

operated solely for company owned vehicles where the daily fuel thro ghput 

·s no more than four hundred gallons per day that is calculated as a annual 

erage. Sources in an ozone attainment/maintenance area must tilize 

St e 1 vapor recovery on all tanks greater than 550 gallons ca city, as 

· ed by Regulation Number 7, in order to take this exempti 

11.0.1.ddd. xemption Repealed 

11. 0 .1.eee. In ·reel sources are exempt until a permit regul 

indirect sou es is promulgated by the Commission. 

11. 0 .1.fff. 

11.D.1 .fff.(i) 

gallons; an 

11.D.1 .fff.(ii) 

11.0.1.fff.(i i)(A) 

11.0.1 .fff.(ii)(B) 

11. 0.1 .fff.(ii)(C) 

11. 0 .1.ggg. equipment that uses gaseous 

fuel. and that has a d ign rate less than or ual to ten million British 

thermal units per ho , and that is used solely r heating buildings for 

personal comfort. 

11. 0 .1.hhh. 

11 .0 .1.iii. 

shops. 

11.0.1.jli. 

11.0.1.kkk. 

ecreational swimming pools. 

Oil and gas exploration and production operations (well s e and 

ssociated equipment) shall provide written notice to the Colorado ii and 

Gas Conservation Commission of proposed drilling locations prior to 

commencement of such operations. Air Pollutant Emission Notices ar 

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

completions, and testing are finished . 

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© 20 I I State of Colorado 

i\11 Rights Reserved 

34 CR 21 and 22, 11-11 Page 25 

roduction will result in reportable emissions, the owner or operator shall file an · 

Po ant Emission Notice with the Division within th irty days after the well com tion 

or rec letion report and log is filed with the appropriate state or federal ncy. If 

productio ill not occur, or production will not result in reportable emis · ns, the 

owner or ope or shall submit written notice to the Division indicati at the well 

was plugged, or t emissions are otherwise not reportable. If duction will result 

in reportable emissio the owner or operator shall file an Ai ollutant Emission 

Notice with the Division · in thirty days after the report irst production is filed 

with the appropriate state or deral agency but no lat · han ninety days following 

the first day of production. 

11.D.1.nnn. Fugitive emissi of hazardous a ollutants that are natural 

constituents of nativ oils and rock (not adde r concentrated by chemical 

or mechanical pr sses) from under ground min or surface mines unless 

such source · a major source of hazardous air pollu 

Regulatio umber 3. 

11.D.1.ooo. The use of pesticides, fumigants, and herbicides when d in 

ccordance with requirements established under the federal lnsecti · e, 

Fungicide and Rodenticide Act as established by the U.S. EPA (United 

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

11.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. 

11.D.1 .uuu. Surface water storage impoundment of 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 . 

Non-potable water pipeline vents. 

ll.D.1.www. 

11.D.1.xxx. 

11.D.1 .yyy. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 26 

11.D.2. 

11.0.3. 

Chemical Storage Tanks 

Sulfuric acid storage tanks not to exceed 

gallons capacity. 

11.D.1.aaaa.(ii) 

11.D .1.bbbb. 

11.D.1.cccc. et screening operations notwithstanding the app 1 ility of the 

w Source Performance Standards included in the Code of Fe 

Regulations , Title 40, Part 60, Subpart 000. 

11.D .1.dddd. Non-road engines as defined in Section l.B.31 . of this Part A, except 

certain non-road eng ines subject lo state-only air pollutant emission notice 

and permitting requirements pursuant to Section l.B.31 .c. of this part. 

Exemption Repealed 

Exemption Repealed 

be included on the same Air P. 

11.D.4. Any person may r est the Division to examine a pa r source category or 

5 CCR 1001-5 

ption from Air Pollutant Emission Notice or p 

.4.a. Such requests shall be made separately from the permit applicat1 

procedure. 

CODE OF COLORADO REGULATIONS