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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 calculating (before beginning 

actual construction) w ther a significant net emis ·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 modification res s if the project causes a 

significant issions increase and a significant net emission ·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 completion of the project and the baseline 

actual emissions (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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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 establishing 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 limitation 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, r the 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. 

11.A.4.c. For a new emissions unit, the basel ine actual emissions for purposes of 

determining the emissions increase that will result from the initial construction 

and operation of such unit shall equal zero: and thereafter, for all other 

purposes , shall equal the unit's potential to emit (as defined in Section 1.8.37 . 

of Part A of this regulation). 

11 .A.4.d. For a PAL for a major stationary source, the baseline actual emissions shall 

be calculated for existing electric utility steam generating units in accordanc 

with the procedures contained in Section 11.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 unit in accordance with the procedu s 

contained 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 modification establishi g the minor source 

ba line date would construct or would have an air q lily impact for the 

pollu nt for which the baseline date is established s follows: equal to or 

greate han one microgram/cubic meter (1 μg/m (annual average) for 

S02, N , or PM1 O; or equal to or greater Iha .3 μg/m3) (annual average) 

for PM2.5. 

11.A.5.b. Area redesign a ·ons under Section 107( 1 )(A)(ii) or (iii) of the Federal Act 

cannot intersect be smaller than the rea of impact of any major stationary 

source or major mo ification that: 

11.A.5.b.(i) 

is Part D, and would be constructed in the 

proposing the redesignation. 

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 baseline area 

shall not remain · effect if the permit au ority rescinds the corresponding 

minor source seline 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 applicable 

minor source baseli date. A baseline concentration is determined 

which a minor so ce baseline date is established and shall include: 

. The actual emissions representative of sources in existenc 

applicable minor source baseline date, except as otherwise 

definition; and 

11.A.6.b. The allowable emissions from major stationary sources that comm ced 

construction before the major source basel ine date, but were not in o ration 

by the applicable minor source baseline date. 

11.A.6.c. The following will not be included in the baseline concentration and will affe 

the applicable maximum allowable increase(s): 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 emitted 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 limitations on the 

applicalion of measureme methodology to a particular emissio unit would make the 

imposition of an emissio 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 compliance by eans that 

achieve equiv nt results . 

Any te nology, including technologies 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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II.A. 10. Clean Coal Technology Demonstration Project 

A reject using funds appropriated under the heading "Department of Energy-Clean Coal 

Te nology," up to a total amount of $2.5 billion for commercial demonstration of clean c 

tech logy, or similar projects funded through appropriations for the U.S. EPA. The fed al 

contrib ion for a qualifying 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 appli tion complete for 

purposes of permit ocessing does not preclude the Division from reque ing or accepting 

any additional inform ion. 

11.A.11 .a. a minimum, 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. 

11.A.11 .a.(i) All morn ring data required pursua to th is regulation and an 

analysis of ambie air qual ity in accordan e with Section Vl.A.3. of this part; 

11.A. 11 .a.(ii) 

11 .A.11 .a.(iii) 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 

continuous emission eduction that is to e used will enable such source to 

comply continuous with the standards o erformance that are to apply to 

such source and at the emission inputs t the model for the impact analysis 

are equivalent the emissions allowed by s h standards of performance; 

11.A.11 .a.(v) Ad scription of the devices or systems at will be installed to 

monitor t emissions of each pollutant that will be milted in significant 

amount , maintaining such devices or systems, and e schedule and format 

for re~ rting the results of such emission monitoring 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 exclusion under Section Vl.B. f th is part; 

A schedule of construction in accordance with Section II . 

11.A.11 .a.(viii) An add itional copy of the application for the federal land mana er of 

each affected Class 1 area, for the U.S. EPA, for the county Commissio r, 

and for public notice (county clerk). Two additional copies shall be submit d 

for interested public groups. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 or would 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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Low Terrain 

. Lowest Achievable Emissions Rate (LAER) 

For any ource, the more stringent rate of emissions based on the following: 

O.a. The most stringent emission limit 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 plication 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 emiss· 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 Modification 

Any physical 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 emissions 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 dioxide 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 

attainment 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 legislation) 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 nonattainment 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. Additionally, a source causing or contributing to iolation of 

a tional ambient air quality standard for any pollutant regulat a under 

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 emissio 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 gines on any vehicle, and emissions suiting from temporary 

activities, s ch as construction or exploration, shall be xcluded in 

de termini 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 dioxide or ni 

oxides 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 complete application under the relevant regulations. The trigger 

date is: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 in 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 baseline 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, respons1 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 emissions at 

e major stationary source that are contempo neous with the 

particular change and are otherwise creditable. seline actual 

emissions for calculating increases and decrease under this 

paragraph shall be determined 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: 

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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 emissions 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 Division 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 emissions is reditable only to the extent that: 

11.A.26.f.(i) The · ision has not relied o it in issuing any permit under 

this Part D. has not rel ied on it in de onstrating attainment 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 emit 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 
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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. 

nerally, 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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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 operation of. an existing 

11.A.36.a. aximum annual rate, in tons per y r. at which an existing 

emissions 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 emissions 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 particular 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 baseline actual 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 emissions unit's potentia 

to emit, in tons per year, as defined in Section 1.8.37. of Part A of thi 

regulation . 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 permitting authority's 

inventory at the time of the enactment; 

Was equipped prior to shut-down with a continuous ystem of 

em1 sions control that achieves a removal efficiency 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 reactivati n: and 

uirements 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 otherwise is subject lo regulation un 

Federal Act as defined in Section l.B.44. or Part A: 

.38.f. Notwithstanding Sections 11.A.38.a. through e. of th is Part D, he term 

regulated NSR pollutant shall not include any or all hazardous air 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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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 creditable 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 emissions unit. 

11.A.39.b. or functionally equivalent 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 oil 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 Emissions 

issions 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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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 emissions rate, except that this definition shall not pply lo 

hazardous air pollutants listed in or pursuant to Section 112 of the ederal 

Act. 

Notwithstanding the significant emission rates abov , significant 

means any emissions 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/cubic 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 

equal 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 pollutant, but less than the amount that 

it (as defined in Section 11.A.21 . of this part). 

ll.A.45. Small Emissions Unit 

An emissions 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). 

11.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 requirements 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. ction Permit in accordance with the procedures and requirements in art B or an 

Opera · g permit in accordance with the procedures and requirements in Part C. 

111.B. Division shall complete the processing of applications (including any requested blic 

aring) for sources subject Sections VI. and VII. of this Part 0 within twelve months o 

receipt of a complete application. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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 preliminary 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. 

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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 permit 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 application . 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 submitted 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 Quality 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 application 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 achievable 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 
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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 ownership) 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, through atmospheric modeling, a 

positive net air quality benefit in the area affected by the emissions. 

Provided. however, that offsets meeting the requirements of this Section 

V.A.3. may also be obtained from existing sources outside the nonattainment 

area if the applicant demonstrates: 

A greater air quality benefit may thus be achieved 

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

na-rn-...co<>· nd 

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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 credit is laken must be enforceable throu 

permit conditions or source specific state implementation plan revisions. 

V.A.6. The applicant will demonstrate that emissions from the proposed source will not 

adversely impact visibility in a Class I area. This demonstration shall be reviewed by 

the Federal Land Manager and any determination made by the Federal Land 

Manager shall be considered in the Division's decision to grant the permit. If an 

adverse impact, as described in Section XIV.E., is predicted by the Division, the 

permit application will be denied. Federal Land Manager involvement shall follow the 

same procedures as 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 Impairment" 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 followi 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 for 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 in 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 obtain 

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, in 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 unit. 

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 bmission 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 maintained 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 
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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 .. available for 

review upon request for inspection by the Division or th general public. 

V.A.8. Exemption from certain nonattainment area requirements: 

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 

tainment area in less th 

nt that operates an aggregate of less 

V.A.8.a.(i ) Sources un rgoing fuel switches as required by 

deral order if the Div ion determines that: 

.a.i(E)(1) The applicant has sed best efforts in seeking the 

required emission offsets b was unsuccessful; 

V.A.8.a.i(E)(3) The applicant will continue seek emission offsets 

as they become available. 

VI. applicable to attainment and unclassifiable areas arid llutants 

implement under Section 110 of the Federal Act (Prevention of Signi ·cant 

Deterior on Program). 

VI.A. Major tationary Sources and Major Modifications. 

requirements of th is Section VI. shall apply to any major stationary source and a major 

odification with respect to each pollutant regulated under the Act and the Federal Act at it 

would emit, except as this Regulation Number 3 would otherwise allow. 

For any new major stationary source or major modification proposing to construct in any area 

in Colorado designated under Section 107 (d) of the Federal Act as attainment or 

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 

ederal 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 sourc . This requirement 

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 

control 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 determination 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 applicable emissions 

increases or reductions 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 relevant 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 allowable 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 in Time 

Annual 

24-hr 

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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 modification 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 which 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 shall 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 monitoring 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 emissions 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. 

Additional 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 of the 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 VI.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 

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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 unless 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/m3

, 24-hour average; 

Sulfur dioxide - 13 μg/m3

, 24-hour 

Lead - 0.1 μg/m3

, 3-month average; 

Fluorides - 0.25 μg/m3

, 24-hour average; 

Vl.8.3.a.(vii) Total reduced sulfur - 10 μg/m3

, 1-hour avera 

Vl.8 .3.a.(viii) Hydrogen sulfide - 0.2 μg/m3

, 1-hour average; 

Vl.8 .3.a.(ix) Reduced sulfur compounds - 10 μg/m3

, 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.(iii) 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