© 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 ev idenced 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 po l lutant 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 diox ide (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 defin ition for carbon d i ide equiva len C02e) . A fac i lity , buildin structure , or installati on , or any comb i nation thereof , excl t:J i ng dwell i ngs , which can reasona ly be expected to cause or induce substantia l mobile urce activity that results in em iss ions air pollutants that might reasonab ly be expected t i nterfere w ith the atta i nment and ma i nte ance of Nat iona l 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 cont iguous or adjacent properties and are unde common control of the sa e person (or persons under common control) that: l.B.25 .a . Directly em its , or has the pote ial to em it cons idering 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 combinat ion of hazardous air pollutants , o uch sser quantity of hazardous air pollutants as may be establ ished pursu n to the Federal Act. Em iss ions from any oil or gas exploration or production II (with its assoc iated equ i pment) and em issions from any p ipeline o ressor or pump station shall not be aggregated with emission from o er sim il ar un its , 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 equ ipment) , such em issions shall not e aggregated for an purpose under th is prov ision. Fugitive em ission shall be considered i n termini ng whether a stationary source of hazar ous air po l lutants 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 . Fug itive em iss ions shall not be c sidered in determ i ning 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 therma l dryers) ; Kraft pulp mills ; Portland cement plants ; Primary zi nc smelters ; Iron and steel mills ; Pri mary aluminum ore reduction plants ;



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS© 20 1 1 State of Colorad o J\ II Righ ts Reserved 34 CR 2 1 a nd 2 2 , 11-11 

### Page 7 1. 8 .25.b . (vi i) Primary copper smelters ; 1. 8 .25 . b.(vi ii) 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 .(x ix) 1. 8 .25 . b.(xx) Hydrofluoric , sulfuric , or nitric acid plants : Petroleum refineries : Lime plants ; Phosphate rock process ing plants ; Coke oven batteries ;

1. 8 .25.b . (xxii) Petrol um storage and trans r un its with a total storage capacity exc ding 300 ,000 barrels ; 1.8.25 . b.(xx i ii) conite ore processing plants : Glass fiber process ing plants : Charcoal production plants : 1. 8 .25 . .(xxvi) Fossi l fuel-fired steam electric plants of mor million British therma l units per hour heat i nput : 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 Regulat ion Number 3 .



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### Page 8 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 mov i 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· Sect ion 11.A.23 . of Part D of this regulat ion} , and that i ncrease the emission rate of any ollutant for which a federal or state em ission standard has been p mulgated or that res ts in the emission of any such pollutant previously not emitted . The llowing exceptio app ly : 1.8.28 .a. 1.8 .28 . b. Unless previous ly Ii cond itions , 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 aes ign capacity of the ource a nd does not lead to in excess of the emission tandards ; 1.8 .28.b .(ii) An i ncrease in the hours of aper ion that does not lead to e ssions in excess of the emission stand ds .

.(ii i) 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 Coord i nation Act of 197 (or any superseding legislation) , a proh i bition under the Fed al Power Plan and Industrial Fuel Act of 1978 (or any superseding leg lat ion) o r by reason of a natural gas curtailment plan i n effect pursuan to the Federal Power Act ; · 1.8 .28 . b. (iv) Use of an alternative fuel by reaso n 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 . Em issions from ongo i ng construction, and emiss ions from natura l gas flar i ng are not considered to be temporary emissions , and are inc luded in determ in i ng whether a mod ificat ion wi ll occur.



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### 34 CR 21 and 22, 11 - 11 Page 9 l. B .28 .d . This definition shall not be used as a defin ition 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 i n the method of operation at a source with an operating permit issued pursuant to Part C of th is Regu lion Number 3, that does not constitute a major mod ificat ion (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 a ir pollutant require ents under he Federal Act is not considered to be a mod ificat ion ; except t t any such c ange shall trigger the provis ions of Part 8 , Section 111.D.1 .a . hrough I ll. 1 .g . , and Part C , Sections X.A. , and Part C Sections XI 

### .'A . or Xll.8 . , as appr riate . for Adm istrative Perm it Amendment see Section 1.8 .. of Part A for Minor ermit Modificat ion , see Section 1.A.2. of 

### P. rt C for Major dification. see Section 11.A.22 . of Part for Permit Mo ification , see Sect ion l.A.3 . of Pa for Permit Rev1 ·on, see Section 1.8 .34 . of Part for Significant Pe it Modification , see Sect i 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 Eng i ne 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 equ i pment that i self-propelled or serves a ual purpose by both propell i ng itself and p arming another unction (such as garden tractors , off-h ighway 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 i n or on a piece of equipment is po ble or transportable, meaning designed to be and capable of be i ng rried or moved from one location to another. l nd icia of transportabili i nclude , but are not limited to wheels , skids , carrying handles , do , trailer or platform . An internal combustion eng i ne is not a non-road engine if:



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5 CCR 1001-5 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 .(ii i) 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 seasona l source . A location is any single site a a building , stru tu re , facility, or installation . Any eng i ne (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 ti me 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 seasona l 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 s i n le location approxim te ly 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 app li cation , the

1vision shall issue a state-only non-road eng ine 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 operat ion 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 perm it requirements . Such records shall be made available for Division review upon request.



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### Page 11 1.8 .31 .d . (State-only Requirements) Non-road eng i nes co-located at an existing major source of nitrogen oxides and sulfur d ioxide An operator of a non-road engine or aggregation of eng i nes 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.(i i i) of th is definition , are subject to the following stat nly r uirements : 1.8 .31 .d . (i) Subm it an air po ll utant em iss ion notice and p required by Section VI. of this Part ; 31 .d .(i i) Submit an application for a site-specific, mporary, stateonly non - road engine perm it on forms supplied y the Division if the estimated annua l actual em issions reported the air pollutant

miss ion notice , as required by Section 1.8 . 9 .d . (i) , are equal to or e ceed forty tons per year or more of n itr en oxides , one hundred ton per year or more of carbon monoxi e , or forty tons per year or mor of sulfur diox ide . After rece i pt an rev iew of a comp lete applic ion , the Division shall issue emporary state-only non-road rm it contain i ng such te and conditions as are

o protect the amb ient i r qua l ity standards .

1. 8 .32 . Operati ng Permit Un less the context suggests otherwis , any perm it or oup of permits covering an operating permit source that is issued , renewe , amended or rev is pursuant to Part C of this Regulation Number 3 . Any source subject to the J1 

### Any perm it mod ifica on , m inor permit mod ificat ion , or admin istrative per it amendment. No perm it revision sh I be required for increases i n emissions that are autho ed by allowances acquired pursua to the acid rain program provided that such i ncreases do ot requ i re a perm it revision nder any other appl icable requirement. Any ac · ity that through process changes , product reformulat ion or redesign , or sub 'tution of les pollut i ng raw materials, elim i nates or reduces the release of air pollutants (inclu ·ng fug i · 

### e em issions) and other pollutants to the env ironment prior to recycl ing , treatment , d i osal. This definition does not include recycl i ng (other than certa i n "i n-process recyc li n "

actices) , energy recovery, treatment , or d isposal.



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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 em it 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 monitorprocess 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 establ ished by Title V I of the Feder Act ; any pollut t subject to a standard promulgated under Sect ion 112 or other requirem ts established un r Section 112 of the Federal Act , includ i ng Sections 112(g), 

### U) , and of the Federal Act ; a any po ll utant subject to a standard promulgated pursuant t Colorado Revised Statute Section 25-7-109 .3(5)(a), (state-only hazardous air pollut ts listed i n 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 ai r 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 operat i ng facilit ies app lying for or subject to a permit and either :



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### 34 CR 21 and 22, 11-11 Page 13 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 schedu le 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 otherw i 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, up i ng 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 group i ng 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 ;l ution 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 Stat 1 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 ect ion 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 Regu lation For any air pollutant , that the pollutant is s Ject either a prov ision 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 i res actual contro the quantity of em iss ions of the pollutant , and that such a contr requirement has taken e and is operat ive 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 shal l be comput follows : 1.8.44 .b .(i ) Mult ip lyi ng the mass amount of em iss i ons (tpy) , for each of the six GHGs i n the po ll utant GHG , by the gas ' s associ ated 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 i ncluding later amendments . For purposes of this paragraph , pr ior to July 21 , 2014 , the mass of the greenhouse gas carbon d i ox ide sha ll not include carbon dioxide emiss ions resu lti ng from the combustion or decomposition of non -foss ili zed and biodegradable o rgan ic material originating from plants , animals , or m icro-organisms (includ i ng products , by- products , residues and waste from agriculture , forestry and re lated i ndustries as well as the non foss il ized and b iodegradable organic fract i ons of industrial and municipa l wastes , including gases and li qu ids recovered from the decomposition of non-foss ili zed and biodegradable organ ic material) . 1. 8.44 .b .(i i) Sum the resultant va lue from Section 1.8.44 . b.( i) of th is A , for each gas to compute a tpy C02e .

Beginn i ng January 2 , 2011 , the pollutant GHG is s · ct to regu lat i on concern i ng major stat i onary source new source rev iew prevent ion of significant deterioration if : 

### 5 CCR 1001 -5 CODE OF COLORADO REGULATIONS**~** 20 I I State of Co lorado i\11 Rights Re served 

### 34 CR 21 and 22, 11-11 Page 15 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 s ignificant 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.( i i)(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 em issions under the correspond in g 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 Em ission Notice form, w ithout nsideration of any emission trol equipment or procedures . The D ivision may a w a source to forego calculating or estimatin g its u emissions of h rdous air pollutants upon a showing by the source and a ermination by the Divis ion at the creation of such data is unreasonably costly, techn ically im ctical or not reas ably related to informat ion necessary for making regulatory decisions wi espect to th The Division's final determination may be appealed to the Commission



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### Page 16 1.8.47 . Wet Screen ing 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 i ntegral 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. A ir Polluta t Emiss ion Notices for New , Modified , and Existing Sources Except as specifically empted in Section 11.D . , no person shall allow em iss io 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 pol lutants ar . or are to be , emitted unless and until an Ai r Pollu nt Em ission Notice and the associated Air A ll utant Em iss ion Notice fee has been filed with the Divisio with respect to such emission . Each s notice shall specify the location at wh ich 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 compos ition of the expected emissi and other information as re u i red i n the current Ai r Pol lutant Em iss ion Notice form. 11. 8 . General 11.8.1 . Emission Esti mate e an est imate of the annua l actual em iss ions , i ncluding emiss ion controls . The em issio stimate shall be based upon actual test data or , i n the absence of such data , upon esti m l ion acceptable to the Division . The fo ll owing alternative estimate methods, in order f desce ding acceptabil ity , are acceptable to the Div ision : 11.8 . 1 .a . Mass balance c culat ions or a publi ed , verifiable em ission factor , whichever is st applied to the sourc emission mon itoring w i ll not be requ ir solely to meet the Air sion Notice reporting requirements . or operator shall provide a just ification to the Div is n for not using any metho that are higher on the li st than the method the owner r operator proposes to us . If none of the above methods are ava i lable or appl icabl o the source , an ap opriate method will be determined on a case-by-case basis b the Divis ion , I ing into account the provis ions of Section 1 1.C .2. of this Part A . The Division shall make ava i lable to all ai r po ll ution contro l author ity o 1 es appropriate forms on which the i nformation requ i red by th is section sha ll submitted . Ai r Pollutant Em iss ion Notice Term An Ai r Pollutant Em iss ion Notice is va li d for a period of five years . The five-year per iod recommences when a rev ised Ai r Po l lutant Emission Notice is rece ived 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 group i ng 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 A ir 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 th is emission point groupin criteria upon a showing that an alternative is reasonable and wi ll not compromise the overall goals of rece iving accurate and verifiable emissi information . 1 1.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 sign ificant change (as annual a ual em issions occurs : or or operator of any fac ili ty , process ,

11.C . 1.f. A revised Air Pol tant Emission No ·ce is not requ i red 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 locat ion . 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 ev ised Ai r 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 rev ised Air Pollutant Emission Notice is not requ ired fore ergency or backup generators for electric power generating facilit ies that re not ancillary to a main unit at an electric util ity facility , and that have permit containing limits on the physical or operat ional capacity of the so ce to em it a pollutant such that the source is not considered to be a major sta nary source as defined i n 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 Ai r Pollutant Emission Notice shall list the average the annual actual em issions for the preceding three years .



### CODE OF COLORADO REGULATIONS:i.; 20 I I Siate of Col orado /\ II Rights Reserved 

### 34 CR 21 and 22, 11-11 Page 19

11. C .3 . i n ificant change , for the purposes of this section means :

For sources emitting less than undred tons per year , a change i n 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 emiss ions 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 em itting one hundred tons per year or more , a change i n annual actual em iss ions of five percent or fifty tons per year or more , whichever is less , above the level reported on th ast Air Pollutant Emission Notice subm itted to the Div ision , of a such air pollutant ; or

.2 . b . (iv) A change i n annual actual emissions , abov reported on the last Air Pollutant Emission Nolie

ivis ion, of fifty pounds of lead . 11 .C .3 .a . Revised Ai r Pollut t Emiss ion Notices s within thirty days befo the five-year t

source occurs . 11 .C .3 .c. Sources submitti n rev ised Air Pollutant iss ion Notices to i nform the Division of a ch ge in annual actual emiss io rates must do so by April 30 of the follow · g year (e .g ., a change i n emission ·n calendar year 1993 must be report by Apri l 30, 1994) . 11 .C .3 .d . Ai r llutant Emission Notices for changes in control eq · ment must be m ilted 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 i n Regu lat ion Number 7 , Sec · n XII. For th is 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 20Exemptions 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 applicab le . Stationary urces having emission units that are exempt from the requir Pollutant Em sion Notice must nevertheless comply with all requireme that are otherwise applicab le 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 appl ication if such i ormation is needed to determi the applicabil ity of Title V (Part C of this Regulation Numbe ), Prevention of Significan eteriorat ion (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 negl igible 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 atta i nmenUmaintenance 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 u ipment.



## .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 sha ll mean a cooking device in a commercial food service establ ishmen 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 pub li c.



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONStd 20 I I S tate of Co l orado All Ri ghts Reserved 

### 34 CR 21 and 22, 11 - 11 Page 21 11. 0 . 1 .g .Agricu ltural operations such as farming , cult ivating , harvesting , seasonal crop drying , grain hand l ing operations that are below New Source Performance Standards de min i mis levels (including milling and grain elevator operations) , and animal feeding operations that are not housed commercia l swine feeding facilities as defined in Regulation Number 2 , art B. Th is 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) partici pates in th early reduc ·on program of the Federa l 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 requ i rements unless erw ise below the de min · is emiss ion levels contained in th is regulatio and are not exempt fro other appl icable regulation promulgated by e Comm iss ion . 11. D . 1 . h . Emissions from , or constructi on , or alteration of res id ntial structures , includ ing all buil · gs or other structures used pri m ily as a place of residence , and inc d i ng home heating dev ices. 11.D . 1 . i . Laboratories and rese rch 

### & development fac i · ies :

11.D . 1 . i.(ii) Research and de scale and that process 

### I material per year ; 1 1. 0 . 1 . i. (i i i) Sma ll pil ot 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. 1 1. D . 1 . j . D isturbance of surf ce areas for purposes of land evelopment , that do not exceed twenty-fiv cont iguous acres and that do no exceed six months i n duration . (This oes not include m i n i ng operations o isturbance of contam i nated oil) . 1 1.0 . 1 . k. Each ind iv· ual piece of fuel burn i ng equ i pment , other Iha smokehouse generato and internal combustion engines , that uses gas us fue l , and that has ad sign rate less than or equal to five mill ion British ther al units per hour. See defin ition of fuel burn i ng equ i pment , Common Prov Reg ation) . ernal combust ion eng i nes poweri ng portable dri lling rigs . Exempt io n Repealed

. 1.n . Chem ical storage tanks or containers that ho ld less than five hundred gallons . and that have an annual average da ily throughput of less than twenty-five ga l lons . 

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5 CCR 1001-5 11.D . 1 .q . Open burning activities, except that all reporting and permitting requ i rements that apply to such operations must be followed (see Regulation Number 1) . 1.0 . 1.r. Braz i ng , soldering, or welding operations , except those that use lead based compounds . All welding that occurs strictly for ma i ntenance purposes is exempt. Street and parking lot stri ping .

1 1. 0 . 1.v . Sawi ng o rations, that is ancillary to facil ity operations, d is not part of the production 11.0 . 1 .w . The pr ess of demolition and re bricking o urnaces and kilns . Th is 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 Po ll utant Emission Notices and perm its , unless exe t under some o er section . 11.D . 1 .y . Adhes ive 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 , sweep i ng) . 11.0 . 1 .dd . d herb icides . 11.0 . 1 .ee . 11.0 . 1 .ff . Emerge y events such as accidenta l fires . 11

.D . 1 .gg. Smoking rooms and areas . Plastic pi pe welding . 11.D . 1 . 

### i. Vacuum cleaning systems used exclusively for industrial , commercial , r 'es idential housekeep i ng purposes .

.0 . 1 . jj . Beauty salons . 

### CODE OF COLORADO REGULATIONS© 20 I I State ofColorado All Ri ghts Reserved 

### 34 CR 2 1 and 22 , 11-11 Page 23 Operations involving acetylene , butane , propane and other flame cutting torches .

m . Chemical storage areas where chemicals are stored i n clos

ontainers , and where total storage capacity does not exceed five ousand g Ions . This exemption appl ies solely to storage of such chem ic s . Th is pt ion does not apply to transfer of chem icals from , to , orb 1 1.D . 1 . nn. rchitectural painting , roof coat i ng materia l 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 min i mis levels) for ma i nt ance purposes at i ndustrial or c mercial facilit ies . 11.D . 1 .oo. Emiss ion that are not criteria (as define n Section 1.8 . 17 . of th is part) or non-criteri eportable pollutants (as defi ed in Section 1.8 .30 . of th is part) (These em issio s i nclude methane , etha . and carbon d iox ide). 1 1. D . 1 .pp . 11. D . 1 .qq . Grounds keeping 11.D . 1 . rr . Sources of odorous e issio that do not utilize emission control equ i pment for control of odorou e 1 ss ions . Th is exemption applies to the odor em iss ions only. All other e · s ions are subj ect to other exemptions set forth in th is regulation . This exe ion does not exempt any source from the requirements of Regulat ion Nu ber 11. D . 1 .ss .

. and restrooms . 1 1. D . 1 . uu . 1 1. D . 1 .vv . Electrical l operated curi ng ovens , dryi n act ivities , article . equ ipment , or appurtenances . is exemption appl ies to the ovens only and not to the items be i ng dried i n t 1 1. D . 1 .ww . 11. D . 1 .xx . ast clean i ng equipment using a suspens ion of a asive in water exhaust system or collector serv i ng them exclus ive . 11. D . 1 .yy . Commercial laundries (except dry cleaners) that do not so d fuel. 11 .D . 1 .z . Storage of butane , propane , or l iquefied petro leum gas i n a with a capac ity of less than sixty thousand gallons , provided the requ i rements of Regulat ion Number 7 , Section IV . are met , where appl 1 able .

.1 .aaa . Storage tanks of capac ity less than forty thousand ga l lons of lubricating oi ls o r used lubricating oi ls . 

### 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 til ize St e 1 vapor recovery on all tanks greater than 

### 550 gallons ca city , as · ed by Regulat ion Number 7, in order to take this exempti 11.0 . 1 .ddd . xemption Repealed 1 1. 0 . 1 .eee . In ·reel sources are exempt until a permit regul indirect sou es is promulgated by the Commiss ion . 1 1. 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) 1 1. 0.1 .fff . (ii)(C)

1 1. 0 . 1 .ggg . equipment that uses gaseous fuel. and that has a d ign rate less than or ual to ten m il lion British thermal units per ho , and that is used solely r heating buildings for personal comfort . 1 1. 0 . 1 . hhh . 11 .0 . 1 . iii . shops . 11.0 . 1 . jli. 11.0 . 1 . kkk . ecreational sw imming poo ls. 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 . Ai r Pollutant Em ission Notices ar required until after exploration and/or production drill i ng , workovers , completions , and test i ng are finished .



### CODE OF COLORADO REGULATIONS© 20 I I State of Colorado i\11 Rights Reserved 

### 34 CR 21 and 22, 11-11 Page 25 roduct ion w ill result in reportable emiss ions , the owner or operator shall file an · Po ant Em ission Notice with the Division within th i rty days after the well com tion or rec letion report and log is filed with the appropriate state or federal ncy . If productio i ll not occur , or production w i ll not result in reportab le 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 oil s 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, Fung icide and Rodenticide Act as established by the U .S . EPA (Un ited States Code T itle 7, Section 136 et seq.) . 11.D . 1 . ppp . Ventilation of emissions from mob i le sources operating w ithin 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-potab le 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 . 1 1.D . 1 .cccc . et screening operations notwithstanding the app 1 i l ity 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 certa in non-road eng ines subject lo state-only ai r pol l utant em iss ion notice and perm itting 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 exam i ne 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 perm it applicat1 procedure .



### CODE OF COLORADO REGULATIONS