O 20 13 Stat e of Colorado /\II Rights Reserved 

### 36 CR 1 and 2, 01-13 Page 115 PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND

1.8. PREVENTION OF SIGNIFICANT DETERIORATION Applicability This Part D shall apply to any new or existing major stationary source . Any ne major stationary source or major modification, to which the requirement f this Part D apply, s II not begin actual construction in a nonattainment, attainment, or classifiable area unless ermit has been issued containing all applicable state and fed al l.A.2 . Except as ol rwise provided in Section XV. of this Part D , d consistent with the definition of ma r modification (Section 11.A.22 . of this pa , a project is a major modification for a ulated NSR pollutant if it causes o types of emissions increases - a signific t emissions increase (as defi d in Section 11.A.43 . of this part), and a significant t emissions increase (a efined in Sections 11.A.26 . and 11.A.42 . of this part) . The p ·ect is not a major edification if it does not cause a significant emissions increas If the project auses a significant emissions increase , then the project is a major modi ation o if it also results in a significant net emissions increase . l.A.3. The procedure for calculating (be re b inning actual construction) whether a significant emissions increase '.e . , the firs step of the process) will occur depends upon the type of emissions its being canst cted or modified, according to Sections 1.8 . 1 . through l.B .3. of lhi part . The procedure r calcu lating (before beginning actual construction) w ther a significant net em is ·ans increase will occur at the major stationary so ce (i.e., the second step of the cess) is contained in the definition of Net issions Increase (Section 11.A.26. o is part) . Regardless of any such preconst ction projections, a major mod ification res s if the project causes a significant issions increase and a significant net em ission ·ncrease. 1.B . 1. tual-to-projected-actual applicability test for projects that only involve emissions units. ignificant emissions increase of a regulated NSR pollutant is projected to occur if the um of the difference between the projected actual emissions (as defined in Section 11.A.36 . of ·s part) and the baseline actual emissions (as defined in Sections 11.A.4 .a . and 11.A.4 .b. of this part , as applicable), for each existing emissions unit, equals 

### or exceeds the significant amount for that pollutant (as defined in Section 11.A.42 . of this part) . 1.8 .2. Actual-to-potential lest for projects that only involve construction of a new emissions unit(s) . A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in Section l.B .37 . of Part A of this regulation) from each new emissions unit following complet ion of the project and the baseline actual emiss ions (as defined in Section 11.A.4 . of this part) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in Section 11.A.42 . of this part) .



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· lest for projecls that involve mulliple types of emissions unils

1.8.4 . An owner or operator of a major stationary source who conducts the aclual-toprojected-actual test for a project Iha! requires a minor permit modification in accordance wilh Section X . of Part C, requires a significant permit modification in accordance wilh Section l.A.3 . of Part C , a modification as defined in Section l . B .28 . of Part A or thal requires a minor source permit under Part 8 shall submit a permit application including : 1.8.4 .a. All calculations and supporting documentation used lo determine baseline aclual emissions of each emissions unit affected by the project; 1.8.4.b. All calculations and supporting documentation used to determine projected actual emissions of each exisling emissions unit affected by the project; l.B.4.c. A determinalion of Iha! portion of each exisling unit's emissions following the project thal the unit could have accommodated during the consecutive twenty-four month period used to establish the baseline actual emissions and that are unrelated to the project , including any increased utilization due to product demand growth ; and, 1.8.4.d. Any other information requested by the Division that may be needed to determine if a major modification will occur at each emissions unit affected by the project. The information submitted in accordance with Section 1.8.4 .a. through l.B .4 .d., above, shall be incorporated into an appendix to the major stationary source's Title V Operating permit or as a permit note in the construction permit. The requirement that the owner or operator of a major stationary source who conducts the actual-to-projected-actual test 

### for a project that requires a minor permit modification submit information in accordance with Sections 1.8 .4 .a . through l.B.4 .d . , as set out in this Subsection 1.8.4., shall not be federally enforceable and shall not be incorporated into the state implementation plan. l.C . For any major stationary source requesting, 

### or operating under, a Plant-wide Applicability Limitation (as defined in Section 11.A.33 .) for a regulated NSR pollulanl , the major stationary source shall comply with the requirements of Section 

### XV . of this part. II.A . 

### 11 .A. 1 . The rate of emission of a regulated NSR pollutanl r etermined as follows :



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### 36 CR 1 and 2, 0 1-13 Page 117 II.A. 1 .a .Actual emissions as of a particular date shall equal the average rate , in tons per year , at which the unit actually emitted the pollutant during a consecutive twenty-four month period that precedes the particular date and is representative of normal unit operation . A different period may be used if i s more representative of normal unit operation . Actual emissions shall be calculated using the unit's actual operating hours, production rates, an types of materials processed , stored or combusted or actual emissio data during the .selected lime period ;

.b . The Division may presume that source-specific allowable emis ons for the unit are equivalent to the actual emissions of the unit only if tual emissions

annot be determined pursuant to Section 11.A. 1 .a . , above ; 11.A. 1 .c. Fo any emissions unit that has not begun normal oper ions on the parti lar date , actual emissions shall equal the pole al to emit of the unit on Iha ate. 11.A.1 .d .This defini ·on shall not apply for calculating wh er a significant emissions increase ha occurred, or for establ ishing a P under Section XV . of Part D of this regulat1 n . Instead , Sections 11.A.36 . d 11.A.4 . of this part shall apply for these purpo s. 11.A.2 . Actuals PAL For a major stationary source , means a AL based n the baseline actual emissions (as defined in Section 11.A.4 . of this part) of al missi s units (as defined in the Common Provisions regulation) at the source that e · or ave the potential to emit the PAL pollutant. 11.A.3. Air Quality Related Value ge in air quality. Examples include flora , llA.4 . Baseline Actual Emission The rate of emissions , in tons r year, of a regulated NSR accordance with Sections II. .4 .a. through 11 .A.4.d. below . isling electric utility steam generating u it (as defined in Section f this part) , baseline actual emissions mea the average rate , in tons er year, at which the unit actually emitted the p lutant during any co ecutive twenty-four month period selected by the o ner or operator w · in the five year period immediately preceding when t owner or operator

eg ins actual construction of the project. The Division shal How the use of a different Lime period upon a determination that it is more repr sentative of normal source operation . 11.A.4 .a.(i) The average rate shall include fugitive emissions extent quantifiable , and emissions associated with startups , shutdowns , and malfunctions . ll.A.4 .a .(ii) The average rate shall be adjusted downward to exclude non-compliant emissions that occurred while the source was operating above any emission lim itat ion that was legally enforceable during the consecutive twenty-four month period . 

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5 CCR 1001-5 11.A.4 .a.(iii) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive twenty-four month period may be used lo delermine the baseline actual emissions fo the emissions units being changed. A different consecutive twe four month period can be used for each regulated NSR polluta 

### t. l.A.4 .a .(iv) The average rate shall not be based on any conse live twenty-four month period for which there is inadequate in rmalion for determining annual emissions. in tons per year. and or adjusting this amount if required by Section 11.A.4 .a.(ii).

isling emissions unit (other than an electric utility team generating unit), ba line actual em·1ssions means the average rate n tons 

### per year, at which the issions unit actually emitled the pollutant ring any enty-four month period selected by th owner 

### or operator within the ten ar period immediately preceding eit 

### er the date the owner 

### or operator begins ctual construction of the project, 

### rthe date a complete permit application · received by the Division for permit required under this Part D, except that e ten year period shall no include any period earlier than November 15 . 1 90 .

11.A.4 .b (iii) The avera e rate shall e adjusted downward to exclude any emissions that 

### w uld have excee ed an emission limitation with which the majo stationary source us\ currently comply, had the major station source been requir to comply with such limitations during the c nsecutive twenty-four mo th period . However. if an emission 

## r itation is part of a maximum chievable control technolo y standard contained in Part E Regulation Number 8, the base Ii actual emissions need only be adj sled if the State has take credit for such emissions reductions in n attainment de onstration 

### or maintenance plan .

) For a regulated NSR pollutant, when a pr ·eel involves multiple emissions units . only one consecutive twen -four month period must be used to determine the baseline actua missions 

### for the emissions units being changed . A different consec ive twenlyfour month period can be used for each regulated NSR llutant. 11.A.4 .b .(v) The average 

### rate shall not be based on any consec live twenty-four month period for which there is inadequate inform lion 

### for determining annual emissions, in tons per year . and for adj ting this amount if required under Sections 11.A.4 .b .(ii) and 11.A.4.b .(iiij 

### f this part .



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11

.A.5 .

11.A.6 . 1 1.A.4 .c. For a new emissions unit, the basel ine actual em issions for purposes of determining the emissions increase that will result from the i nitial construction and operat ion of such un it shall equal zero : and thereafter, for all other purposes , shall equal the un it's potent ial to emit (as defined in Section 1.8 .37 . of Part A of this regulation) . 11 .A.4 .d . For a PAL for a major stationary source , the baseline actual emissions shal l be calculated for existing electric utility steam generating un its in accordanc with the procedures contained in Section 1 1.A.4.a., for other existing emissions units in accordance with the procedures contained in Section 11.A.4.b . , and for a new emissions un it in accordance with the procedu s conta ined in Section 11.A.4 .c.

.Any intrastate area (and every part thereof) designated as

unclassifiable under Sections 107(d)(1 )(A)( ii ) or (iii) of the ederal Act in ich the major source or major mod ificat ion establishi g the minor source ba line date would construct or would have an air q lily impact for the pollu nt for wh ich the basel ine date is establ ished s follows : equa l to or greate han one m icrogram/cub ic meter (1 μg/m (annua l average) for S02, N , or PM1 O ; or equa l to or g reater Iha .3 μg/m3) (annual average) for PM2 .5 . 11.A.5.b. Area redes ign a ·ons under Section 1 07( 1)(A)( ii ) or (i ii ) of the Federal Act cannot intersect be smaller than the rea of impact of any maj or stationary source or major mo ification that: 11.A.5 . b.(i) is Part D , and would be constructed in the propos ing the redesignat ion . 11.A.5 .c. Any baseline area est lished ori · ally for the to tal suspended particulate increments shall re in in effect an shall apply for purposes of determining the amount of ava · ble PM10 increm ts , except that such base li ne area shall not remain · effect if the perm it au ority rescinds the corresponding minor source sel ine date in accordance ith Section 11 .A.25.c . The ambient concentr ion level that exists in the baseline area at e time of the applicab le minor source baseli date . A baseline concentration is determ ined which a minor so ce baseline date is established and shall inc lude :

.The actua l emissions representat ive of sources in existenc applicable minor source baseli ne date , except as otherwise definition ; and 11.A.6 .b .The allowable emissions from major stationary sou rces that comm ced construction before the major source basel ine date , but were not in o ration by the appl icable minor source base line date . 11.A.6 .c. The following wil l not be included in the base li ne concent ration and will affe the applicable maximum all owable increase(s) : 

### CODE OF COLORADO REGULATIONS 5 CCR 1001-5Page 120 11.A.6.c.(i) Actual emissions from any major stationary source on which construction commenced after the major source baseline date : and 11.A.6 .c .(ii) Actual emission increases and decreases at any station source occurring after the minor source baseline date . Initiation of ysical on-site construction activities on an emissions unit that ar permanent na re . Such activities include, but are not limited to, installation supports and fo dations . laying of underground pipe work, and constructi of permanent storage structures . With respect to a change in the method of operation , is term refers to those on-site activiti other than preparatory activities that mark the i · 1ation of the change . 11.A .8 . Best Available An emission limitation (inclu · g a visible emissions standard) ased on the maximum degree of reduction of each re lated NSR pollutant that wo 

### d be em itted from any proposed major stationary sourc or major modification th the Division or Commission , on a case-by-case basis. taking into ac unt energy, environ ntal, and economic impacts and other costs . determines is achievabl for such source modification through application of production processes or available met ds, systems and techniques , including fuel cleaning or treatment or innovative fuel combustio techniq s for control of such pollutant. In no event shall application of the best available on tr technology result in emissions of any pollutant that would exceed emissions allow y the applicable standards in the Code of Federal Regulations , Title 40, Parts 60 and egulation Number 6 , Part 

### A, and Regulation Number 8 , Part A) as in effect on the effec · e da of this clause , but not including later amendments, unless such amendments re speci 1 ally incorporated by reference in accordance with the provisions of Colo do Revised tatutes Section 24-4-103 (12 .5) . Information as to the availability of s h standards ma e obtained from the Director, Air Pollution Control Division , Colorad Department of Publi Health and Environment , 4300 Cherry Creek Drive South , Denv , Colorado 80246-1530 . If the Division or Commissio determines that technological or onomic lim itations on the applicalion of measureme methodology to a particular emissio unit would make the imposition of an em issio standard infeasible , it may instead pres ibe designs , equipment. work practices , operati nal standards or combination thereof, to sati the requirement for the application of be available control technology . Such standard sha to the degree possible. set forth e emissions reduction achievable by implementation f such design, equipment , work ractice or operation and shall provide for compl iance by eans that achieve equiv nt results . Any te nology, including technolog ies applied at the pre-combustion . combustion , o com stion stage, al a new or ex isting facility that will achieve significant reductions in ir · sions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in t 

### e neration of electricity. or process steam which was not in widespread use as of Novemb 15 , 1990.



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### 36 CR 1and 2, 01 - 1 3 P age 121 II.A. 10 . Clean Coal Technology Demonstration Project A reject usi ng funds appropriated under the head i ng "Department of En ergy-Clean Coal Te nology," up to a total amount of $2 .5 billion for commercial demonstration of clean c tech logy , or sim ilar projects funded through appropriations for the U .S. EPA. The fed al contrib ion for a qualifyi ng project shall be at least twenty percent of the total cost of e demons! tion project. In reference to a application for a major NSR permit, an application that co ains all the information neces ry 

### for processing the application . Designating an appl i tion complete for purposes of permit ocessing does not preclude the Division from reque ing or accept ing any add itiona l inform ion . 11.A.11 .a. a min imum , a complete application for a ermit to construct a major sour e or major mod ification subject to the quirements of this Part D shall include . 1 1.A.11 .a.(i) All morn ring data required pursua to th is regulation and an ana lysis of amb ie air qual ity in accordan e with Section Vl.A.3 . of this part ; 11.A. 11 .a.(ii )

11 .A.11 .a.(ii i) A report of the regu Vlll.A.1 . of Part A; 11.A.11 .a.(iv) A demonstrati that the prop sed technological system of cont inuous emission eduction that is to e used will enab le such sou rce to comply continuous with the standards o erfo rmance that are to apply to such source and at the em ission inputs t the model for the impact analys is are equivalent the em iss ions all owed by s h standards of performance ; 1 1.A.11 .a.(v) Ad scription of the devices or systems at will be i nstalled to mon ito r t em issions of each pollutant that will be milted in sign ificant amount , maintaining such devices o r systems , and e schedule and format for**re~** 

### rting the results of such emission mon itoring t the Division ; 11.A.11 .a.(v· The additional impact analysis required by Sectio VI .A.6 . of this rt , any demonstration of facts needed to establish a clai y the applicant o qualify for any exemption or exclus ion under Section Vl. B. f th is part ; A schedule of construction in accordance with Section I I . 11.A.11 .a.(viii ) An add itional copy of the appl ication for the federa l land mana er of each affected Class 1 area , for the U .S. EPA, for the county Commiss io r, and for public notice (county clerk). Two add itional copies sha ll be subm it d for interested publi c groups .



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### Page l22 1.A.12 . Construction Any hysical change 

### or change in the method 

### of operation (including fabrication. erectio install ·on. demolition, or modification of an emissions unit) that would result in a cha actual 

### e · sions . 11.A.13 . Emiss · ns Unit Any part 

### of a statio ry source that emits 

### orwould have the potential toe · 1t any regulated NSR po!lutant and inc des an electric steam-generating unit as define in Section 11.A.14 . 

### of this part. For purposes o this Part D, there are two types of emissio units described in Section 11.A.13 .a. and II.A. .b ., below . 11.A. 13.a. A new issions unit is any emissio unit that is (or will be) newly constructed and t t has existed for less t n two years from the date such emissions unit first o rated . 11.A. 13 b . An existing emiss · ns unit · any emissions unit that does not meet the requirements in Section A. .a. , above . A replacement unit (as defined in Section 11.A.39 . 

### of this part an existing emissions unit. Any steam electric generating unit t tis constructed 

### for e purpose of supplying more than one-third of its potential electrical utput capacity and more an twenty-five megawatts electrical output to any utility p er distribution system 

### for sal . Any steam supplied to a steam distribution system for. e purpose of providing steam to a team-electric generator that would produce eleclri I energy for sale is also considered in termining the electrical energy output capacity the affected facility . 11.A.15 Federal L d Manager (FLM) With respect any lands 

### of the United States. the secretary of the department " th authority over such I ds .

area having an elevation nine hundred feet or 

### more above the base of the stack of a ource. 11.A. 17 . Hydrocarbon Combustion Flare Either a flare used to comply with an applicable new source performance standard 

### or maximum achievable control technology standard (including uses of nares during startup, shutdown. or malfunction permitted under such standard), 

### or a nare that serves to control emissions of waste streams comprised predominately of hydrocarbons and containing no more than 230 mg/dscm hydrogen sulfide .



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. Lowest Achievable Emiss ions Rate (LAER) For any ource , the more stringent rate of emissions based on the fo ll owing : O

.a. The most stringent emission li mit contained in any sta

implementation plan for such class or category of stationary urce, unless he owner or operator of the proposed stationary source de onstrates that s ch limits are not achievable ; or 11.A.20 .b. The most stringent emission limitation that is chieved in practice by ss or category of source . In no event shall pl ication of the term permit roposed new or modified stationary sour e to emit any pollutant in excess o he amount allowable under an applic le new source performanc standard (Regulation Number 6) . 11.A.21 . Major Emissions Unit 11.A.21 .a. Any em iss· ns unit that emits o as the potential to emit one hundred tons per ye r or more of the AL pollutant in an attainment area ; or 11 .A .21 .b. Any emissions pollutant in an amount th

year . 11.A.22. Major Mod ification Any phys ical change in or ch ge in the method of operation fa major stationary source that would result in a signifi nt emissions increase of a regula d NSR pollutant and a significant net emissions i rease of that pollutant from the majo stationary source . 11

.A.22 .a. Any significant emissions increase from an em issions units or net em is ions increase at a major stationary source that significant for volatile or nic compounds or NOx shall be considered signifi nt for ozone . In the Denver Metropolitan PM10 nonattainment ea, any net emission increase that is significant for sulfur diox ide or nitr en oxides shall be considered significant for PM10 .

. 22 .c. A physical change or change in the method of operation hall not include routine maintenance , repair, and replacement. 11.A.22 .d . A physical change or change in the method of operation , unle s previously limited by any enforceable or federally enforceable permit condition that was established after January 6 , 1975 for sources in atta inment or unclassifiable areas and after December 21, 1976 for source in nonattainment areas , shall not include : 

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5 CCR 1001-5 11.A.22 .d .(i) Use of an alternative fuel or raw material by reason of an order in effect under Sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation). a prohibition under the Power Plant and Industrial Fuel Use Act of 1978 (or any superseding leg islation) or reason of a natural gas curtailment plan in effect pursuant lo the Federal Power Act: (ii) Use of an alternative fuel because of an order or 

### ru

ction 125 of the Federal Act;

ll.A.22 .d .(iv) Use of an alternative fuel at a steam-generati g unit to the at the fuel is generated 

### from municipal soli waste ; 11.A.22.d .(iv)(A the stationary source in an attainment area was capable f accommodating prior t December 21. 1976. unless such ange would be pro · ited under a federally enforceable p it condition, or

11.A.22 .d .(v) An increas n the production r le, unless such change would be prohibit under a federally en rceable permit condition ; 11.A.22 .d .(vi) An in ease in the hours of operatio unless such increase would be pr ibited under a federally enforcea le permit condition; or 11.A.22.d .(vii) 11.A.22 .d .(v " ) The installation, operation, cessation, or remov of a porary clean coal technology demonstration project, i e project omplies with : 11 .A.22 .d .(viii)(A)The Colorado State Implementation Plan, and 11 .A .22 .d .(viii)(B)Other requirements necessary lo attain and maint · the National Ambient Air Quality Standards during the project and after II is terminated . 11.A .22 .d .(ix) For major stationary sources in attainment areas :



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11.A.22.d.(ix)(B) The reactivation of a very clean coal fired electric utility steam generating unit. 11.A.22 .d.(x) The reactivation of a very clean coal fired electric utility steam generating unit. 11.A.22 .e. This definition shall not apply with respect to a particular regulate NSR pollutant when the major stationary source is complying with the requirements under Section XV . of this Part D for a PAL for that pollu nt. Instead , the definition in Section 11.A.30. of this part shall apply. Emissions caused by indirect sources of pollution, emi ions from in nal combustion engines on any vehicle, and emissions r ulting from tern rary construction or exploration activities shall be ex ded in deter · ing whether a major modification will occur. Emissions om on-going construction are not consi red to be temporary are included in determining wheth a major modification will occur . Fugitive emissions m the listed sources i Section 11.A.24.a . and any other stationary source cate ory that, as of Au st 7 , 1980 was regulated under Sections 111 or 112 oft Federal Act s adopted in Regulations Nos . 6. Part A, and 8 , Parts A an ) shall, t he extent quantifiable, be considered in calculating the potential to mit the modification . 11.A.23 . Major Source Baseline Date 11.A .23 .a. 11.A.23 .b. 11 .A .23 .c. 11.A.24 . a. 5 r the purpose of determining whether a sour unclas fiable area is subject to the requirements of this stati ary source means:

.A.24.a .(i) Any of the following stationary sources of air po utants that emits, 

### or has the potential to emit, one hundred tons per more of any regulated NSR pollutant: 11.A.24.a. (i)(A) Fossil fuel-fired steam electric plants of more th 250 million British thermal units per hour heat input 11.A.24.a .(i)(B) Coal cleaning plants (with thermal dryers) 

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5 CCR 1001-5 11.A.24 .a .(i)(C) Kraft pulp mills 11.A.24 .a.(i)(D) Portland cemenl planls 11.A.24 .a .(i)(E) Primary zinc smelters 11.A.24 .a.(i)(F) Iron and sleel mill plants Primary aluminum 

### ore reduction plants Primary copper smelters 11.A.2 a.(i)(I) Municipal incineralors capable of ch han 250 tons of refuse per day

11.A .24.a .(i)(l) 11.A .24 .a .(i)(M) 11.A.24 .a.(i)(N) 11.A.24 .a .(i)(O) 11.A.24 .a .(i)(P) 11.A.24 .a.(i)(Q) 11.A.24 .a.(i)(R) 11 .A.24 .a .(i)(S) 11.A.24 .a .(i)(T) Hydrofluoric, sulfuric, and nitric Petroleum refineries

Chemical process planls 11.A.24 .a.(" (V) Fossil fuel boilers 

### (or combinati s thereof) totaling ore lhan 250 million British thermal unit per hour heal input 4 .a.(i)(W) Petroleum storage and transfer unils storage capacity exceeding 300 ,000 barrels Taconite ore processing plants 11.A.24 .a.(i)(Y) Glass fiber processing planls 11.A.24 .a.(i)(Z) Charcoal production plants 11.A.24 .a.(ii) Notwilhstanding lhe slationary source size specified in Section 11.A.24 .a.(i), any stationary source that emits, 

### or has the 

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11.A.25 . potential to emit , two hundred and fifty tons per year or more of any regulated NSR pollutant. For the purpose of determining whether a source in a nonattainme area is subject to the requirements of Section V . of this part , and whether source in an attainment area affecting a nonatta inment area is subject t the requirements of Section Vl.D . of this part , major stationary source me s any stationary source of air pollutants that emits, or has the potential to it 100 tons per year or more of any regulated NSR pollutant for which th area is nattainment. Add itionally , a source causing or contribut ing to iolation of a tional ambient air quality standard for any pol lutant regulat 

## aunder Sec ·on 110 of the Federal Act shal l be considered a majors tionary source when · has the potential to emit one hundred tons per year r more of that polluta The source will be considered to cause or cont( ute to a violation where th source exceeds the significance levels in the ble under Section Vl.0.2 . oft ·s Part D. Such source is subject to the re irements of Section VI. of this Pa D. 11.A.24.c. Major st tionary source includes any ph occur at a stationa source not otherwise qua · ing as a major stationary source under Sectio s 11.A.24 .a and 11.A.24 .b of this part , if the change would constitute a ma r stationary source itself.

11.A.24 .e . The fugitive em issio of a ationary source shall not be included in determining for any of the rposes o his section whether it is a major stationary source . unless e source be ngs to one of the categories of stationary sources lisle m Section 11.A.2 a.(i) or any other stationary source category which, as of ugust 7, 1980, is re lated under Section 111 or 112 of the Federal Act . 11.A.24 .f. Emissio caused by indirect air pollutio sources (as defined in Section 1.8 .24. f Part A of this regulation) . emissi s from internal combustion g ines on any vehicle , and emiss ions suiting from temporary activities, s ch as construction or exploration , shall be xcluded in determini g whether a source is a major stationary sou e. Emissions from on goin construction are not considered to be temporary missions and are includ d in determining whether a major modification will o ur . A major stationary source in the Denver Metro PM10 tainment/maintenance area that is major for sulfur diox ide or ni 

### ox ides shall be considered major for PM10 . r Source Baseline Date The earliest date after the trigger date that a major stationary sou or a major modification subject to the requirements of Section VI. of this Pa D submits a comp lete application under the relevant regulations . The trigger date is :



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page L28 11.A.25 .a. (i) In the case of PM10 and sulfur dioxide, August 7, 1977 ; II A.25 .a .(ii) In the case of nitrogen dioxide, February 8, 1988 : and 11.A.25 .a.(iii) In the case of PM2 .5, October 20, 2011 . The baseline date is established for each pollutant for whic increments or other equivalent measures have been established i 1.A.25 .b .(i) The area in which the proposed source or mo 1fication would construct is designated as attainment or unclassifiab under Sections 107(d)(1)(A)(ii) or (iii) 

### of the Federal Act f the pollulant on the date of ils complete application under Sectio 

### I. of this part ; and 11.A.25 .b . ii) In the case of a major stationary sour e the pollutant would milled in significant amounts . or, in the ase of a major mo · 1cation. there would be a significant et emissions increase of the p utant. 11.A.25 .c . Any mine source baseline date est llshed originally 

### for the Total Suspended Particu tes increments shall 

### r ain i n effect and shall apply for purposes 

### of determin· g the amount of a ilable PM10 increments . except that the Division may r cind any such in or source basel ine dale where it can be shown, to the sat faction oft Division, that the emissions increase from the major stationary urce , or e net emissions increase from the major modification , respons 1 le 

## to riggering that date did not resu lt in a significant amount 

### of PM10 e II.A 26 . Net Emissions Increase



### 5 CCR 1001-5 11.A.26 .a. stationary source. the zero : ll.A.26.a .(i) ma particular physical change or chan in the method of operation l a stationary source catcul ed pursuant lo Sections l.A.2. t ough l.A .3. , and l.B . of this Part : and 11.A .26.a . · ) Any other increases and decreases 1 actual emiss ions at e major stationary source that are contempo neous with the particular change and are otherwise cred itable . seline actual emissions for calculating increases and decrease under this paragraph shall be determ ined as provided in the d inition of baseline actual emissions , except that paragraphs II. 4.a .(iii) and 11.A.4 .b .(iv) of !his Part D shall not apply . Contemporaneous - an increase 

### or decrease in actual emi ions is contemporaneous with the increase from the particular change only 1 it occurs within five years prior to the dale that the increase from the pa · ular change occurs . 11.A.26 .c. An increase or decrease in actual emissions is creditable only if:



### CODE OF COLORADO REGULATIONSIO 2013 S1a1e ofColorado I\ II RighLS Reserved 

### 36 CR 1and2, 01-13 Page 129 11.A .26 .c.(i) It occurs within five years before the date that the increase or decrease occurs; and 11.A .26.c .(ii) The Division has not relied on it in issuing a permit for I 

### source under Regulation Number 3, or the U.S . EPA has not r ied on it in issuing a permit under Title I , Part C of the Federal A , which permit is in effect when the increase in actual emissions fro the particular change occurs ; and

.c.(iii) In order to establish a baseline em issions rate

operator must submit an Air Pollutant Emission Noli

rior to the increase or decrease indicating actual issions (as d 1ned in Section 11.A.1. of this of part) and the o ner or operator mu t submit a revised Air Pollutant Emission N ice to the Division withi one year after the increase or decrease ccurs, or 11.A.26 .c.(iv) he owner or operator provides er ible, demonstrable evidence the Divis ion of what actual e 1ssions were before making the ·ncrease or decrease and w at they were after making the increase r decrease . 11.A.26 .d .

11.A.26.e . An increase in actual issi s is creditable only to the extent that the new level of actual emis 'ons exce ds the old level. 11.A.26.f. A decrease in ac al emiss ions is reditable only to the extent that: 11.A.26 .f.(i) The · ision has not relied o it in issuing any permit under th is Part D . has not rel ied on it in de onstrating attai nment or reasonabl further progress: 11.A.26.f.(ii) he old level of actual emissions o he old level of allowable ns , whichever is lower, exceeds the n 11.A.26.f. · 

### 1) 

### It is enforceable as a practical matter at a dafter the time hat actual construction on the particular change be ins; and .f.(iv) It has approximately the same qualitative signi cance for

public health and welfare as that attributed to the increa from the particular change ; and

.g . An increase that results from a physical change at a source o curs

when the emissions unit on which construction occurred becomes operational and begins to em it a particular pollutant. Any replacement u that requires shakedown becomes operational only after a reasonable shakedown period . not to exceed one hundred and eighty days.



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 130 11.A.26 .h . Section 11.A. 1 .a . of this part shall not apply for determining creditable increases and decreases after a change . 11.A.26 .i. The organic compounds referenced in the common provisions definition of negligibly reactive volatile organic compounds are neither counted as reactive volatile organic compounds in determining signi cant ozone increases nor creditable against an increase in emissions o any volatile organic compound . Creditable Decreases 

### for Fuel Switching . neral ly, for credit to be given for the emissions reducti in potential to 

### e · or actual emissions resulting from a physical chan e or change in met d of operation of a 

### major stationary source occ ring on or after the effecti date of this rule, an Air Pollutant Emission otice reporting such reductio must be filed within one 

### year after the r uction occurs unless an extension · requested by the source and appro d by the Division due to uncertainty s to the permanence of such red ti on . Al the time credit for any reduction is r uested, such reduction must e enforceable . Such reductions must be enfor ble through permit condit' ns 

### or source specific stale implementation p n revisions . 11.A.27 . Nonattainment Major New S ) Program A major stationary source preconstructio permit ogram that has been approved by the Administrator and incorporated into this Re ulat' n Number 3. Any permit issued under the program is a major NSR permit. 11.A.28 . PAL Effective Date Generally means the date of issuance the PAL p mil. However, the PAL effective date for an increased PAL is the date any em · sions unit that 1 part of the PAL major modification becomes operational and begins lo mil the PAL pollut I. 11.A.29 . PAL Effective Period The period beginning w"ith I Notwithstanding Sec ons 11.A .22 and 11.A.26. of this Part D (the definit1 ns for major modification and n emissions increase). any physical change in or cha ge in the method 

### of operation of the 1'.L source that causes it to emit the PAL pollutant at a I el equal to or greater than th PAL. The Op ating Permit issued in accordance with this Part D that establishes a PAL or a major tationary source .

he pollutant for which a PAL is established at a major stationary source .



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### 36 CR 1 and 2, 01-13 Page 131 11.A.33 . Plant-wide Applicability Limitation (PAL)

n emission limitation expressed in tons per year, for a pollutant at a major stationary source th is enforceable as a practical matter and established source-wide in accordance with Sec ·on XV. of this Part D . revention of Significant Deterioration (PSD) Permit Any permit at is issued in accordance with Section VI. of this Part D .

source . or change in the method of operat ion of. an existing

11.A.36 .a. aximum annual rate, in tons per y r. at which an existing em issions unit t a major stationary source is ojected to emit a regulated NSR pollutant in ny one of the five years (t Ive-month period) following the date the unit resu s regular operation aft the project, or in any one of the ten years following t t date , if the projec involves increasing the emissions unit's design capacity r its potential to mit of that regulated NSR pollutant and full utilization of the nit would re It in a significant em issions increase or a significant net emissi s incre e at the major stationary source . 11.A.36 .b. ted actual emissions under Section g actual construction , the owner or operator 11.A.36 .b.(i) ant information , including but not limited to , hist ical operationa ata , the company's own representati s , the company's pected business activity and the company' ighest projections of b siness activity , the company's filings wi the State or Federal regu tory authorities , and compli nee plans ; and 11.A.36 .b.(i i Shall include fugitive emissions to e extent quantifiable, d emissions associated with startups , shu alfunctions ; and 6 .b.(iii) Shall exclude. in calculating any increase · emissions that results from the particu lar project , that portion of the nit's emissions following the project that an existing unit could have a commodated during the consecutive twenty-four month period used t establish the basel ine actua l emissions under Section 11.A.4 . of th is art D and that are also unrelated to the particular project , including an increased utilization due to product demand growth ; or, 11.A.36 .b.(iv) In lieu of using the method set out in Sections 11.A.36 .b.(i through 11.A.36 .b. (i ii) , may elect to use the em issions unit's potentia to emit , in tons per yea r, as defined in Section 1.8 .37 . of Part A of thi regulation .



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 132 11.A .37 . Reactivation of Very Clean Coal-fired Electric Utility Steam Generating Unil physical change or change in the method of operation associated with the co encement or commercial operations by a coal-fired utility unit after a period of disco tinued operation where the unit :

.37 .a . Has not been in operation for the two year period prior lo the enactment of the Clean Air Act Amendments of 1990, and the emi ions from such unit continue to be carried in the perm itting authority's inventory at the time of the enactment ; Was equ ipped prior to shut-down with a cont inuous ystem of em1 sions control that ach ieves a removal effi ci ency 

### for s ur dioxide of no less 

### t an eighty-five percent and a removal efficiency rm articulates of no less th ninety-eight percent : 11.A .37 .c. 11.A.37 .d . Is**~uipped** with low-nitrogen oxide burne prior to the time of nt of operations following reactivat i n : and ui rements of the Federal Act. 11 .A.38 . Regulated NSR Pollutant



### 5 CCR 1001-5 11 .A .38 .a. 11.A.38 .b . tional ambient air quality standard has 11.A.38 .c . Any pollutant that is c sliluent or precursor of a general pollutant listed under Sections 11.A.3 .a. 

### or A.38 .b. . above ,(e .g . volatile organic compounds and oxides o nitrogen e precursors 

### for ozone) provided that such a conslituent 

### or pr cursor pollut t may only be regulated under NSR as part of regulation o the general poll nt. Precursors for the purposes of New Source Revie are the following : 11.A.38 .c. (i) itrogen oxides 

### or any volall precur ors to ozone ; Sulfur dioxide is a precursor to P Any pollutant that is subject to any standard prom lion 111 of the Federal Act; Any pollutant that otherw ise is subject lo regulation un Federal Act as defined in Section l.B.44 . or Part A :

.38.f. Notwithstandi ng Sections 11.A.38 .a. through e . of th is Part D, he term regulated NSR pollutant shall not include any or all hazardous ai r poll ants either listed in Section 112 of the Federal Act (that have not been delis! pursuant to Section 112(b)(3) of the Federal Act) or Appendix B or this regulation, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the Federal Act. 

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### 36 CR 1 and 2, 01-13 Page 133

11.A.39 . 11.A.38 .g . Particulate matter (PM) emissions, PM2 .5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounte for in applicability determinations and in establishing emissions limitations r PM, PM2 .5 and PM10 in PSD permits. Compliance with emission lim· lions for PM, PM2 .5 and PM10 issued prior to this date shall not be base on condensable particulate matter unless required by the terms and nditions of the permit or the applicable implementation plan . ApplicabilitY. determinations made prior to this date without accounting for ndensable

articulate matter shall not be considered in violation of this An emissions unit for hich all the criteria listed in Sections 11.A.39 .a. rough 11.A.39 .d . are met. No cred itable emis ion reductions shall be generated from shu ing down the existing emissions unit that is repl ced . 11.A.39 .a. issions unit is a reconstructed nit within the meaning of Code of Feder I Regulations Title 40 , Sectio 60.15(b)(1 }, or the emissions unit completely t kes the place of an existi g em issions un it. 11.A.39 .b. or functionally equ ivalent to the 11.A.39 .c. The replacement process unit. 11.A.39 .d.

11.A.40 . Repowering 11.A.40 .a . Repla ement of an existing coal-fire clean coal te hnologies : atmospheric or press ized fluidized bed combustio , integrated gasification combined cy e , magnetohydrodynamics , direct an indirect coal-fired turbines , integrated g ification fuel cells , or as determ · ed by the Administrator, in consultation wit the Secretary of Ener , a derivative of one or more of these technolo ·es , and any other tee ology capable of controlling multiple combustion e issions si ultaneously with improved boiler or generation efficien and with

gnificantly greater waste reduction relative to the perform ce of technology in widespread commercial use as of November 1 1990.**-~O .**  

### Repowering shall also include any oi l and/or gas-fired u · that have been awarded clean coal technology demonstration funding as of nuary 1 , 1991, by the Department of Energy. 1 . Secondary Em issions iss ions that occur as a result of the construction or operation of a major stationary sou re or major modification , but do not come from the major stationary source or major modification 

### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 134 itself. For the purpose of this Part D. secondary emissions must be specific, well defined ,

uantifiable, and impact lhe same general area as lhe stationary source or modification that c uses the secondary emissions . Secondary emissions include emissions from any offsite su ort facility thal would nol otherwise be constructed 

### or increase its emissions except a resu of the conslruclion or operation of the major stationary source 

### or major modificatio . Secon ry emissions do not include any emissions that come directly from a mobile so such as issions from the tailpipe of a motor vehicle , from a train, or from a vessel.



### 5 

### CCR 1001-5 Unless the contexl otherwise requires, , a significant te of e issions in Ions per year is defined as a value that would qual 

### or exceed f the following : Nitrogen 0 'des : 40 (nitric oxide + nitrogen dioxid Particulate matter: 5 Ions per year partic te mailer emissions or. 15 Ions per year of PM10 e ·ssions

dioxide emissions; 

### or 40 to anic compounds or nitrogen oxides

Total educed sulfur (including hydrogen sμlfide) : 

### 10 ton R duced sulfur compounds (including hydrogen sulfide): 1 Municipal Waste Combustor Organics (measured as total telrachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 

### 10-6 m year (3.5 x 10-6 tons per year) Municipal Waste Combustor Metals (measured as particulate matter) : megagrams per year (15 Ions per year) Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and hydrogen chloride) : 36 megagrams 

### per year (40 tons per year)



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### 36 CR 1 and 2, 01-13 Page 135

Ill. Municipal Solid Waste Landfill Gases (measured as non-methane organic compounds) : 45 megagrams per year (50 tons per year) 11.A.42 .b. Significant means, in reference to a net emissions increase or t potential of a source to emit a regulated NSR pollutant that this definili n does nol lisl , any em issions rate , except that this definition shall not pply lo hazardous air pollutants listed in or pursuant to Section 112 of the ederal Act. Notwithstand ing the significant emission rates abov , significant means any emiss ions rate or any net emissions increase sociated with a major stationary source or major modification , that woul construct within ten

ilometers of a Class I area , and have an impact on s h area equal to or g ater than one microgram/cub ic meter ((g/m3) ( nty-four hour average) . For a regulated NSR pollu nt, an increase in emissions tha s significant (as defined in Section 11.A.42 . of this Part for that pollutant. 11.A.44. Significant Emissions U ·1 An emissions unit that emits or has e potential t mil a PAL pollutant in an amount that is equa l to or greater than the significant vel (as fined in Section 11.A.42. of this Part 

### O or in lhe Federal Act , whichever is lower) for al P po ll utant , but less than the amount that it (as defined in Section 11.A.21 . of this part) . ll .A.45 . Small Emissions Unit An em issions unit that emits or has e potential to mit the PAL pollutant in an amount less than the significant level for that P pollutant (as d ined in Section 11.A.32 . of this Part 0 

### or in lhe Federal Act, whichever is wer). 1 1.A.46 . Temporary Clean C A clean coal technology emonstration project that is operate or a period of five years or less , and that complie with the state implementation plan and o er requ irements necessary to attain and mainta· the National Ambient Air Quality Standards ring the project and after it is terminated . Ill.A. Major star nary sources subject to the requirements of this Part D must app for and obtain a Constr. ct ion Permit in accordance with the procedures and requirements in art B or an Opera · g perm it in accordance with the procedures and requirements in Part C. 111.B. Division shall complete the processing of appl ications (including any requested blic aring) for sources subject Sections VI. and VII. of this Part 0 

### within twelve months o receipt of a complete appl ication.



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 136 Public Comment Requirements When public comment is required, or when the Division determines that an application warrants public comment in accordance with Section 111.C .3. of Part B of this regulation, the Division shall, within fifteen calendar days after the preparation of the preliminary analysis

use public notice of the application to be published in a newspaper of general distrib on in

area 1n which the proposed project or activity is 

### or will be located. and by such ot r me s as necessary to assure notice to the affected public , which may include pos · g of such lice on the publidy accessible portion of the Division's web site. and caus a copy of the app · lion, the prel iminary analysis and the draft permit to be filed with the unty clerk for each c unty in which the source is . or will be, located . The Division shall end written or electronic n ice to persons requesting a notice of permit applications for t type of source 

### or geographic rea . IV.A.1 . For sour subject to the provisions of Sections V. and Vl. f this part , a copy of all

IV.A.2 .



### 5 CCR 1001-5 the material the applicant submitted, and a copy or sum ry of other materials. if any, consider in making the preliminary analysis shall e filed with the county clerk for each county 1 

### which the source is 

### or will be locate . In addition . for sources subject to the prov ions of Sections V . and VI. , a c y of the written 

### or electronic notice of public com ent shall be sent to the appr ant, the U .S. EPA Administrator . and to officials and ag cies having cognizanc ver the location where the proposed construction w Id occur, including ny other state 

### or local air pollution control agencies and any s te, Indian gov ing body 

### or Federal Land Manager whose lands may be affecte y emissio from the source or modification .

IV.A.2 .a . That comments ares icited o an innovative technological system for pollution control if pr osed by th applicant and that a hearing by the Commission will b held on such s tern if requested by any interested person : nts 

### are solicited on the air q lily impacts of the source 

### or e source or modification: at any interested person may submit a written r uest tor a public ommenl hearing to be held pursuant to Section 1 .7.0. f the Commission's procedural rules to receive comments regarding the fore ing concerns . the sufficiency of the preliminary analysis , and whether the Di · ion should approve or deny the permit application . and IV .A.2.e. The degree of increment consumption that is expected from the ource or modification. Within fifteen calendar days after the preparation of the preliminary analysis for ose applications subject to the requirements of this Part D. the Division shall forward the applicant written notice of the applicant's right to a public comment hearing with respect to the application pursuant to Section 1 .7.0. of the Commission 's procedural rules .



### CODE OF COLORADO REGULATIONS!.:>2013 State ofColorado /\II Rights Reserved 

### 36 CR 1 and 2, 01-13 Page 137 IV.A.4 . A hearing request pursuant to Section IV.A.2 .a. of this Part D, regarding innovative control, must be transmitted by the Division to the Commission within twenty days after its receipt. A hearing request pursuant to Section IV.A.2 .d. of this Part D must be transmit the Division to the Commission, along with the complete permit application, t e preliminary analysis, the draft permit, and any written comments received the Division within five days after the end of the thirty-day comment period. least thirty

ays prior to the date set for the public comment hearing, the notice of ublic c ment hearing, the preliminary analysis and the draft perm it shall e posted on the Div ion's web site . No substantive revisions shall be made to the aft permit during the t 

### y days prior to the public comment hearing . IV.A.6 . The Com ission shall hold a public comment hearing within of the requ I for such hearing pursuant lo Section IV .A .2 . this Part D (unless such greater time agreed to by the applicant and the Divisio , but at least sixty days after receipt b ny Federal Land Manager of notice an the permit application required pursuan to Section XIII.A. of this Part D . Th Division shall appear al the public comment he ring in order to present the per 1t app li cation . At least thirty days prior to such hearing . notice thereof shall be mail by the Commission to the applicant, to any intere led person who submit! a request for a public hearing and to any Federal Land Ma ger given notice pu uant to Section XIII.A., printed in a newspaper of general dist · ution in the are of the proposed source or modification, and subm itted for public rev1 w with the c nty clerk for each county in which the source or modification is or wi e local . Except as provided herein and in the notice, such hearings will be co uct pursuant to the Act , the Procedural Rules of the Air Qua lity Control Commissio d the State Administrative Procedure Act, Colorado Revised Statutes, Sectio 4-4-101 el seq. IV .A .7 . Within fifteen days after the Di 1sion ma s a final decision on an app li cation subject to the requirements of this P 

### rt 0, 

### the Div1 ion shall make available for public inspection the decision an all public comm ts with the county clerk for each county where the pre-constructi information was m de .available . V. 

### Requirements Applicable t 

### V.A. Major Stationary Source . For any new majors tionary source or major modification , the Di ·sion shall grant a permit if it determines that t following conditions in Sections V.A.1 . throug in Section 111.D. 1 . f Part B of this regulation . will be met: V.A.1 . oposed source will achieve the lowest achievab le emission so ce category .

he applicant has certified that all other existing major stationary sourc operated , or controlled by the applicant (or any entity controlling. control! by, or under the common control with the applicant) in Colorado are in complianc with the requirements of the Slate implementation plan and the federally approved st implementation plan, or are subject to and in compliance with an enforceable compliance schedule , or a federally enforceable compliance schedule .



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 138



### 5 CCR 1001-5 Prior to the date of commencement of operations. the ratio of total actual emission reductions compared to the emissions increase (offsets) shall be at least one for one (1 :1), unless an alternative ratio is provided for the applicable nonattainment area i ntified in Section V.A .3.a.. below. Offset Ratios For ozone non attainment areas that are sub · 

### cl to subpart 

### 2, art 

### 0, title 

### I of the Federal Act, the offset ratio of al actual e ission reductions of voe to the emissions i ease of voe shall be a follows : V.A.3 .a(i)(a) 

### 1.1 :1 ; V.A.3 .a(i)(b) 

### 1 . 15 : 1 ; V.A.3 .a(i)(c) V.A.3 .a(i)(d) or nt 

### area for ozone - at least 1 .3:1 ;

V.A.3 .a · For all areas within an ozone transport 

### re ·on that is subject to subpart 2 , part 0 , title 1 of the Federal Act. and t tare not designated as serious , severe or extreme and 

### are sub ct to subpart 

### 1, part 

### D. title 1 of the Federal Act - at least 

### 1 . 15 :1 . V.A.3 .a.(iii) For ozone nonattainment areas that are subject to sub rt 1 , part 

### D, title I of the Federal Act. including 8-hour ozone non attainment areas subject to 40 eFR , Part 

### 51 . Section 51 .902(b) , the ratio of total actual emissions reductions of voe to the emissions increase of voe shall 

### be at least 

### 1: 1 . V.A.3 .b . Offsets must be obtained from existing sources (whether or not under the same ownersh ip) within the nonattainmenl area for each pollutant , or its precursors . for which the area is nonattainment. Offsets must represent reasonable further progress towards attainment of the National Ambient Air Quality Standards when considered in connection with other new and existing sources of emissions . In addition, offsets for PM1 

### O. PM2.5, sulfur oxides, and carbon monoxide must show, throug h atmospheric modeling , a positive net air quality benefit in the 

### area affected by the emissions . Provided. however, that offsets meeting the requirements of this Section V.A.3 . may also be obtained from existing sources outside the nonattainment 

### area if the applicant demonstrates : A greater air quality benefit may thus be achieved

__ ..._.IT,,,.., ·ent offsets are not ava ilable from sour n e 

### na-rn-...co<>· nd



### CODE OF COLORADO REGULATIONS¢)2013 Slale of Colorado /\II Righls Reserved

V .A .3.c . 

### 36 CR 1 and 2, 01·13 

### Page 139 V.A.3.b.(iii) Emissions from such other area contribute to a violation of the National Ambient Air Quality Standard in the nonattainmen in which the source is located .

. 3 .b .(iv) With respect to offsets obtained from out · e the nonattainment area. the Division may increa e ratio of the uired offsets to new emissions the gr er the distance such offse re from the new or modified

V .A.4 . The permit applicatio all include an analysis of a native sites, sizes, production processes and e ronmental control techniques for sue roposed source that demonstrate at benefils of the proposed source significan outweigh the environ ntal and social costs imposed as a result of its location. mo · cation. Offsets for which emission reduction cred it is laken must be enforceable throu permit condit ions or source specific state implementation plan revisions . V.A.6 . The applicant will demonstrate that emissions from the proposed source will not adversely impact visibility in a Class I area . This demonstration shall be reviewed by the Federal Land Manager and any determination made by the Federal Land Manager shall be considered in the Division's decision to grant the permit. If an adverse impact, as described in Section XIV .E., is predicted by the Division, the permit application will be denied . Federal Land Manager involvement shall follow the same procedures as staled in Section XIII.A. of this Part D . The demonstration will be performed using either techniques described in the latest version of the U . S. EPA document entitled 'Workbook for Estimating Visibility Impa irment" or other techniques approved by the Division . Applicability of Certain Nonattainment Area Requirements

.a .Any major stationary source in a nonattainment area is subjec**~uirements** of Section V.A. of this Part D .

V.A. 7.c.The fo llowi rovisions apply to projects at · ting emissions units at a major 1onary source (other than projects at a ce with a PAL) in ci mstances where there is a project that is not a pa a major modification and the owner or operator elects to use the me d specified in Sections 11 .A .36 .b.(i) through 11.A.36.b.(iii) of this Part D for calcu · projected actual emissions .



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5 CCR 1001-5 V.A.7 .c .(i) Before beginning actual construction of the project. the owner or operator shall document and maintain a record of the following information : V.A.7.c.(i){A) A description of lhe project; V.A. 7.c.(i)(B) Identification of the emissions unil(s) whose e sions of a regulated NSR pollulanl could be affected project; and V .A 7.c.(i)(C) A description of lhe applicability test us to determine lhal lhe project is nol a major modificatio for any regulated NSR pollutant , including the baseline a ual emissions ,

e projected actual emissions , lhe amount f emissions exc ded under Section 11.A.36 .b.(lii) of this art and an explana · n fo r why such amount was exclud , and any netting calc alions. if applicable . V.A.7 .c.(ii) If thee issions unit is an existing ctric utility steam generating unil, b fore beginning aclual c struction, the owner or operator shall prov ea copy of the infor ation set out i n Section V.A.7 .c.(i) lo the Div1 ion . Nothing in lh . Section V.A.7 .c.(ii) shall be construed to require t owner or op ator of such a unit to obta in any determination from e Division efore beginning actual construction . V.A. 7.c.(iii) The owner or opera regulated NSR pollutant that uld increase as a resull of the project and that is emitted by any e is ·ons units identified in Section V.A.7 .c .(i)(B) ; and calculat and aintain a record of the annual emissions , i n Ions per ye r on a 

## c endar year basis , for a period of five years following res mption of r ular operations after the change. 

### or for a perio of ten years fo owing resumption of regular operations after lhe ange if lhe proje increases the design capacity or potenli lo emil of that regul ed NSR pollulanl al such emissions unil . V.A. 7.c .(iv) If lhe nit is an existing electric utility team generating un it. the owner or. operator shall submit a report lo I e Division within sixty days after e end of each year during which rec rds must be generate under Section V.A.7 .c.(iii) selling out th unil's annual emissio s during lhe calendar year lhat preceded s bmiss ion of the report V.A. 7.c .(v) If the unit is an existing unil olher than an electn utility s am generating unit , the owner or operator shall submit report to

e Division if the annual emissions, in tons per year, from e project identified in Section V.A.7.c.(i), exceed the baseline actual e issions (as documented and maintained pursuant to Section V.A.7.c.(1 C)) by a significant amount (as defined in Section 11 .A.42 . of this pa 

### for that regulated NSR pollutant. and if such emissions differ from th preconstruction projection as documented and mainta ined pursuan to Section V .A.7.c.(i)(C) . Such report shall be submilled to the Division within sixty days after the end of such year. The report shall contain lhe following : 

### CODE OF COLORADO REGULATIONS© 20 13 State of Co lorado All Ri gh ts Reserved 

### 36 CR 1 and 2, 01 - 13 Page 141 V.A.7 .c.(v)(A) The name, address and telephone number of owner or operator of the major stationary source ; V.A.7 .c.(v)(B) The annual emissions as calculated pursuant to Section V.A.7 .c.(iii) ; and V.A.7.c .(v)(C) Any other information that the owner or op wishes to include in the report (e .g ., an explanati why the emissions differ from the preconstructi 7 .d .The owner or operator of the source shall make the informa ·on required to be documented and maintained pursuant to Section V .A.-Z .. ava ilable for review upon request for inspection by the Division or th general public . V .A.8 . Exemption from certain nonattainment area requ irements : V.A.8 .a.The fo owing are exempt from the major station source criteria of Section V.A.3 . o this part .

.a .(i)(A) Portable sources ta inment area in less th nt that operates an aggregate of less

V .A.8.a .(i ) Sources un rgo ing fuel switches as required by deral order if the D iv ion determ ines that:

.a .i(E)(1) The app li cant has sed best efforts in seeking the required emission offsets b was unsuccessfu l ; V.A.8 .a .i(E)(3) The app licant w ill continue seek emission offsets as they become ava ilable . VI. applicable to attainment and unclassifiable areas arid llutants implement under Section 110 of the Federal Act (Prevention of Signi ·cant Deterior on Program). 

### V I .A. Major tationary Sources and Major Modifications . requirements of th is Section VI. shall app ly to any major stat ionary source and a major odification with respect to each po llutant regu lated under the Act and the Federal Act at it wou ld emit , except as this Regulation Number 3 would otherwise all ow . Fo r any new major stationary source or major modification propos ing to construct in any area i n Colorado designated under Section 107 (d) of the Federal Act as attainment or 

### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 142 unclassifiable for any criteria pollutant as 

### of the date of submittal of a complete application under this Regulation Number 3, or 

### for pollutants implemented under Section 110 of the

edera l Act , the Division shall grant a permit if it determines that the following requiremen i addition to those in Section 

### 111.0 . 1 . of Part 

### B of this regulation , have been or wi ll be m Control Technology Review . A. 1 .a. A new major stationary source shall apply Best Availabl Control Technology for each pollutant regulated under the Act or Fed al Act that it would have the potential to emit in significant amounts . A major modification shall apply best available ea pollutant regulated under the Act 

### or Federal Act r which there would be a ignificant net emissions increase at the sou rc . This requ irement applies o each proposed emissions unit at which net emissions increase in the pollu nt would occur as a result of a physic change or change in the method of eration of the unit. Vl.A.1 .c. For ph ed construction projects e determination of best available contro l technolog shall be reviewed a modified as appropriate at the latest reasonable t1 e which occurs later than eighteen months prior to commencement of c struction of ch independent phase of the project. The review will be con cted in a mely manner that will allow the owner or operator to proceed with hed ed construction of the source . During the review, the owner or opera r f the applicable stationary source may be required to demonstrate th equacy of any previous determ i nation of best available control technolo y 

### fo he source . Vl.A .2 . Source Impact Analysis . The wner 

### or ope tor of the proposed source 

### or modification shall demonstr e to the Division hat allowable emission increases from the proposed source or m dification in conjunc · n with all other app licable emiss ions increases or reduct ions ncluding secondary em1 ions) will not cause or contribute to concentrations of a· pollutants in the ambient ai ·n violation of either Section Vl.A .2 .a. orb . , as cl rifled for any re levant air polluta , in Section Vl.A.2 .c. :



### 5 CCR 1001-5 Vl.A .2 .a. ny state 

### or national ambient air qual ity ndard in any baseline air quality control region : or Any applicable maximum allowab le increase o oncentralion in any area .

.2 .c. For the purposes of PM2 .5, this demonstration is de ed to have been made if the emission increase from the new stationary so ce alone or from the modification alone would cause, in all areas , air quality 1 pacts less than the following amounts : Avera i n Ti me Annual 24-hr



### CODE OF COLORADO REGULATIONS 

# -0 2013 S1a1e ofColorado 1\11 Righ 1 s Reserved 

### 36 CR 1 and 2, 01 - 13 Page 143 Pre-construction Monitoring and Analysis Vl.A .3 .a. An analysis of ambient air quality in any area that would be affected by the proposed major stationary source or major mod ification shall be performed for each pollutant regulated under the Act or Federal Act that t e source or modification would emit or have the potential to emit in a sig · 1cant amount , or for wh ich there would be a significant net emissions incre e. With respect to any such regulated pollutant for which no ational ambient air quality standard exists and for which there is an ace ptable

ethod for the monitoring of that pollutant, the analysis shall ntain such air q lily monitoring data as the Division determines are nece ary to assess am · nt air quality for that pollutant in any area that emiss · ns of that pollut I would affect. Vl.A.3 .c. 'th respect to any such pollutant for which national ambient air quality stan ard does exist, the analysis sha ll cont n continuous air quality monitoring d a gathered for purposes of determi ing whether emissions of that pollutant uld cause or contribute to a vio lion of the applicable standard or any aximum allowable increase Vl.A .3 .d. In general, t y mon itoring data that are required under Sectio Vl.A .3.c., or the re-application monitoring of air quality related values re ired by Sec · n Xlll.B . of this part , shall have been gathered over a period of e year d shall represent the year preceding receipt of the application , e ept t t, if the Division determines that a complete and adequate analy is an be accomplished with monitoring data gathered over a period shorter an one year (but not to be less than four months), the data that are re ire shall have been gathered over at least that shorter period . Vl.A .3.e . The owner or o erator of a pro osed major stationary source or major modification of olatile organic co ounds who satisfies all conditions of the Code of Fed al Regulations Title 4 Part 51 , Appendix S, Section IV. (but not including onditions resulting from a endments after July 1 , 1991 and not includin Section IV . 8 . of Appendix S may provide post-approval monitoring da for ozone in lieu of providing pr construction data as required un r Section Vl.A .3.a . (Information on o taining the Code of Federal R ulations Title 40 , Part 51 , Appendix S, ction IV . is available from the irector, Air Pollution Control Division , 4300 herry Creek Drive South, enver, Colorado, 80246-1530 .) Vl.A.4 . Post-Const ction Monitoring . At its discretion , the Division may r ire that the owner or perator of a major stationary source or major modification nduct postconstru ion ambient monitoring for a period up to one year . The Divisi requir additional monitoring beyond the one year period if such monitori ne sary to determine the effect em issions from the stationary source or m (jification have , or may have, on air quality in any area . The monitoring o ality related values or sensitive receptors required by Section Xlll.B . of this rt , shall be for such lime as is necessary to determine the effect emissions from th source or modification will have on the air quality related values or sensitive receptors . Post-construction monitoring requirements will be permit conditions .



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 144 Operation of Monitoring Stations . The owner or operator of a major stationary source 

### or major modification shall use the U .S. EPA accepted procedures for ambient monitoring as approved by the Division during the operation of monitoring stations purposes of satisfying the requirements of Sections Vl.A .3 . and Vl.A.4 .. above . Addit ional Impact Analysis . For each pollutant that is regulated under the Ac r the Federal Act. and for which the source 

### or modification would emit in signific nt amounts (as defined in Section 11.A.42 . of this part) or 

### for which there wo d be a

· nificant net emissions increase. the owner or operator shall provide n analysis 

### of th ·mpairment to visibility , waler, soils, and vegetation that would o ur as a result of the e issions of such pollutant from the source or modification an general comm cial, residential, industrial. and other growth associated 1th the source 

### or modifica n. The analysis of impairment to water will not be u din the deterrninat1 n of best available control technology . The own or operator need not provide an a lysis 

### ofthe impact on vegetation having no ignificant commercial or recreational va e . The additional impact analysis will in ude the effects on air quality related values as lated in Section Xlll.8. of this part. · applicable . The owner 

### or operate shall provide an analysis o lhe air quality impact projected 

### for the area as a result 

### of g neral commercial. resi ential. induslrial and other growth associated with lhe sour or modification . Vl.B . Applicability of Certain PSD Requirem Vl.8 . 1 .



### 5 

### CCR 1001-5 Vl.8.1 .a . modiflcatio ·s subject to Part 3 

### of the Act and Section 

### V. of th is part, and e source or mo 'fication would not impact any area inrnent or unclassifi le for that pollutant : or Vl.8 . 1 .b. The missions from the source or significan · or Vl.8 . 1 .c. The source or modification is a portable pre ously received a permit under requirements c tained in Section V I.A. of this part if: Vl.8 . 1 .c.(i) The source proposes to relocate and em1 source al the new location would be temporary; Vl.8 . 1 .c.(ii) The emissions from the source would not 

### exce allowable emissions; Vl.8 . 1 .c .(iii) The emissions from the source would impact no Clas I area and no area where an applicable increment is known to be viola and



### CODE OF COLORADO REGULATIONS© 20 13 State ofColorado i\ 11 Rights Reserved 

### 36 CR 1 and 2, 01-13 Page 145 Vl.B . 1.c.(iv) Reasonable notice identifying the proposed new location and the probable duration of operation at the new location and a revised Air Pollutant Emission Notice is given to the Division prior to the relocation . Such notice and revised Air Pollutant Emission Notic shall be given to the Division not less than ten days in advanc of the proposed relocation un less a different time duration is previo sly approved by the Division. Vl.B.2 . requirements contained in Sections Vl.A.2 . through Vl.A.4 . of this app : dification with from a temporary exploration, and area or an area where To a proposed major stationary source or major r pect to a particular pollutant , if the emissions would so ce, modification or activity, such as construction woul not have an impact on air quality in any Class an app ·cable increment is known to be violated; o Vl.8 .2 .b. A hey relate to any maximum allowa e increase for a Class II area, to a m ification of a major stationary urce that was in existence on March 1 , 197 , if the net increase in allow le emissions of each pollutant subject to regul ion , excluding GHG, un r the Act from the modification after the applicati of best available c trol technology would be less than fifty tons per year. Vl.8 .3. The Division may exempt a pro osed maj r stationary source or major modification from the requirements of Section VI.A. . through Vl.A.5 . of this part , with respect to monitoring for a particular pollutant · : Vl.8 .3 .a. Vl.8 .3 .a .(i) Vl.8.3 .a.(ii) itrogen dioxide - 14 μg/ 3 , 

### annual average ; Vl.8 .3.a .(iii Particulate Matter - PM10 -- P 2 .5 - 4 μg/m 3 , 

### 24-hour average ; Sulfur dioxide - 13 μg/m 3 , 

### 24-hour Lead - 0 . 1 μg/m 3 , 

### 3-month average ; Fluorides - 0 .25 μg/m 3 , 

### 24-hour average ; Vl.8 .3 .a .(vii) Total reduced sulfur - 10 μg/m 3 , 

### 1-hour avera Vl.8 .3 .a.(viii) Hydrogen sulfide - 0 .2 μg/m 3 , 

### 1-hour average ; Vl.8 .3 .a.(ix) Reduced sulfur compounds - 10 μg/m 3 , 

### 1-hour avera Vl.8 .3 .b. The existing concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed 1 

### this section ; or



### CODE OF COLORADO REGULATIONS 5 CCR 1001-5

### Page 146 Vl.B . Vl.B .3.d . The pollutant is not referred to in this Section Vl.B .3 .a .; or Vl.B .3 .e . The source or modification was subject to Section VI., with respect to PM2.5, as in effect before July 15, 2008, and the owner or operator submitted an application for a permit under this Section VI.A. of Part D before that date consistent with EPA recommendations to use PM10 as a surrogate for PM2 .5, and the Division subsequently determines that the application as submitted was complete with respect lo the PM2 .5 requirements then in effect, as interpreted by EPA in the memorandum entitled "Interim Implementation of New Source Review Requirements for PM2.5 " (October 23, 1997). Instead, the requirements of Section VI.A. of this Part D, as interpreted in the aforementioned memorandum, that was in effect before July 15, 2008 shall apply to such source or modification . The requirements of this Part D shall apply al such lime that any stationary source o modification becomes a major stationary source or major modification solely by vi e of a relaxation in any enforceable limitation that was established after August 7

980, on the capacity of the source or modification to otherwise emit a pollu nt such as restriction on hours of operation . Vl.B .5. The foll ing provisions apply to projects at existing emissions unit ta major stationary urce (other than projects at a source with a PAL) in · cumstances



### 5 CCR 1001-5 where there i project that is not a part of a major modificati and the owner or operator elects 

### t use the method specified in Sections II.A .b.(i) through 11.A.36 .b.(iii) of this art 

### 0 for calculating projected actua missions . Vl.B . 5.a. Before inning actual constructi of the project . the owner or operator shall docu ent and maintain a cord of the following information : Vl.8 .5.a.(i) Vl.B .5.a .(ii) Identification the emissions unit(s) whose emissions of a regulated NSR po lant uld be affected by the project; and Vl.B .5.a.(iii) Ad ription of the a icability test used to determine that the projec s not a major modific ·on 

### for any regulated NSR polluta , including the baseline act I emissions, the projected actu emissions, the amount of emiss ns excluded under Section II. .36 .b.(i ii ) of this part, and an explanat1 for why such amount

as excluded, and any netting calculations, · applicable . If the emissions unit is an existing electric utility s am-generating nit, before beginning actual construction, the owner or ope or shall provide a copy of the information set out in Section Vl.8 .5.a . to e Division . Nothing in this Section Vl.B.S .b . shall be construed to require the ner or operator of such a unit to obtain any determination from the Division beginning actual construction .



### CODE OF COLORADO REGULATIONS