(



## ( © 2008 State ofColorado All Rights Reserved Regulation Number3 Style Guide 

### 31 CR 4, 04-08 Page 1

Many provisions ofthis Regulation Number3 have been approved by the U.S. EPA for incorporation into Colorado's State Implementation Plan (SIP). Some provisions are currently under review by the U.S. EPA The following guide to the font styles used in this Regulation Number 3 can be used to identify those provisions that have been adopted by the AirQuality Control Commission and are currently under review by the U.S. EPA
*Italicized textwill become effective when the U.S. EPA approves that language for incorporation into the state implementation plan
* 

### Underlined textwill be effective until the U.S. EPA approves the italicized textfor incorporation into the state implementation plan
PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND PERMITTING


### I. Applicability


### lA The provisions ofthis PartA shall apply statewide to all sources ofair pollutants exceptas otherwise provided herein.
The portions ofRegulation Number3printedin italics are noteffective untilthe date on which the US. EPA promulgates

### a final rule adopting the revisions to Regulation Number3as

### a permanentpart ofthe state implementation plan.
All sources ofair pollutants that have previously obtained an emissions permit (priorto July 1, 1992) ora construction permit, and are subject only to the Part 8 Construction Permit Program, may choose to reapply for a new construction permit pursuantto Part 8 ofthis Regulation Number3 in orderto obtain the operational flexibility provided in Section IV. ofthis PartA, orto obtain federally enforceable limitations to limit the source's potential to emit ("synthetic minor"). Sources ofair pollutants that are subject only to the Part 8 Construction Permit Program may voluntarily apply for an Operating Permit pursuant to Part C.
Pursuantto Colorado Revised Statutes Section 24-4-103 (12.5), materials incorporated by reference are available for public inspection during normal business hours, orcopies may be obtained at a reasonable costfrom the Technical Secretary ofthe Air Quality Control Commission (the Commission), 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined at any State Publications Depository Library. Materials incorporated by reference are those editions in existence as ofthe date this regulation is promulgated or revised by the Commission and references do not include later amendments to or editions ofthe incorporated materials.
1.8. Definitions
1.8.1. Administrative PermitAmendment
1.8.1.a. A permit revision that: 1.8.1.a.(i) Corrects typographical errors; 1.8.1.a.(ii) Identifies a change in the name, address, or phone number ofany person identified in the permit, or provides a similar minor administrative change at the source; 

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1.8.1.a.(iii) Requires more frequent monitoring or reporting by the permittee; 1.8.1.a.(iv) Allows for a change in ownership oroperational control ofa sourcewhere the Division determinesthat no other change in the permit is necessary, provided that a written agreement containing a specific date fortransfer ofpermit responsibility, coverage, and liability between the current and new permittee has been submitted to the Division;
1.8.1.b. An administrative permit amendmentfor purposes ofthe acid rain portion of a permit shall be governed by regulations promulgated underTitle IVofthe Federal Act, found at Code of Federal Regulations Title 40, Part 72.
1.8.2. Administrator
The administrator ofthe U.S. Environmental Protection Agency (U.S. EPA).
1.8.3. Adverse Environmental Effect
As a term used in the context ofregulating hazardous air pollutants, any significant and widespread adverse effect, that may reasonably be anticipated, to wildlife, aquatic life, orother natural resources, including adverse impacts on populations ofendangered orthreatened species orsignificantdegradation ofenvironmental quality over broad areas. 1.8.4. Affected States
All states whose air quality may be affected by issuance ofan operating permit, operating permit modification, or operating permit renewal and that are contiguous to Colorado; and/or all states that are within fifty miles ofa permitted source. 1.8.5. Affected Unit
A unitthat is subjectto any acid rain emissions reduction requirement oracid rain emissions limitation pursuant to Title IV ofthe Federal Act or regulations promulgated there under, in the Code of Federal Regulations Title 40, Part 72.
1.8.6. Air Pollutant
Means carbon monoxide, nitrogen oxides, sulfur dioxide, PM10, PM2.5, total suspended particulates, ozone, volatile organic compounds, lead, all pollutants regulated under Section 111 ofthe Federal Act (Regulation Number6), all hazardous air pollutants, and all class 

### Iand class 

### II ozone depleting compounds as defined and referenced in Section 602 ofthe Federal Act.
1.8.7. Allowable Emissions
The emissions rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subjectto federallyenforceable, orenforceable as a practical matter, permit conditions that restrict the operating rate or hours ofoperation, or both) and the most stringent ofthe following:



### 5 

### CCR 1001-5 1.8.7.a. The applicable standards promulgated pursuant to the Federal Act for new source performance or hazardous air pollutants;



### CODE OF COLORADO REGULATIONS© 2008 State ofColorado All Rights Reserved 

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1.8.7.b. The applicable Colorado Emission Control Regulation; or I.B. 7.c. The emissions rate specified as a federallyenforceable, or enforceable as a practicalmatter, permit condition, including those with a future compliance date.
1.8.8. Annual Actual Emissions
The actual rate ofemissions ofa pollutant, excluding excess emissions from a malfunction, or startups and shutdowns associated with a malfunction. Annual actual emissions shall be calculated using the source's actual operating rates, and types ofmaterials processed, stored, or combusted during the calendaryear. 1.8.9. Applicable Requirement
Means all ofthe following as they apply to emissions units in a source subjectto operating permit requirements ofthis regulation (including requirements that have been promulgated or approved by the U.S. EPAthrough rulemaking atthetime of permit issuance but havefuture effective compliance dates);
1.8.9.a. Any term orcondition ofany construction permit issued pursuant to Part 8 of this Regulation Number3, or any such term or condition as modified by procedures authorized by the operating permit program pursuantto Parts 8 and C ofthis Regulation, or any permit issued under Part C or Part D ofthe Federal Act, exceptthat state-only permitterms or conditions shall remain enforceable solely pursuantto state law;
1.8.9.b. Any standard orother requirement provided for in the state implementation plan;
1.8.9.c. Any standard orother requirement under Section 111 ofthe Federal Act (New Source Performance Standards), including Section 111(d) ofthe Federal Act (Standards of Performanceforexisting sources) (Regulation Number 6);
1.8.9.d. Any standard or other requirement under Section 112 ofthe Federal Act (hazardous air pollutants, including any requirement concerning accident prevention under Section 112(r)(7) ofthe Federal Act) (Regulation Number 8) but not including the contents ofany risk management plan required under Section 112(r) ofthe Federal Act;
1.8.9.e. Any requirements for monitoring and compliance assurance monitoring methods and procedures to ensure compliance with permit requirements, including periodic monitoring and testing, and compliance certifications, established pursuantto Sections 504(b) or 114(a)(3) ofthe Federal Act;
1.8.9.f. Any standards or other requirement underthe Code of Federal Regulations Title 40, Part 72 (acid deposition control); 1.8.9.g. Any standard or other requirement governing solid waste incineration;
1.8.9.h. Any standard or other requirement for consumer and commercial products;
1.8.9.i. Any standard or other requirement ofthe regulations promulgated to protect stratospheric ozone underTitle VI ofthe Federal Act, exceptwhere the Ad-.**~~ tn~;-<::~f~:.**  -,

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Colorado SuoremeCourtlibrary

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ministrator has determined such requirement need not be contained in an operating permit (Regulation Number 15); 1.8.9.j. Any national ambient air quality standard or increment orvisibility requirement under Part C ofTitle I ofthe Federal Act, but only as it would apply to temporary sources permitted pursuantto Part C ofthis Regulation Number3.
1.8.10. Commence, also Commence Construction
When the owner or operator has obtained all necessary pre-construction approvals or permits required by federal, state, or local air pollution and air quality laws and regulations and has either; (a) begun, or caused to begin, a continuous program ofphysical onsite construction of the source, or (b) entered into binding agreements orcontractual obligation that cannot be cancelled or modified without substantial loss to the owneror operator, to undertake a program ofactual construction ofthe source to be completed within a reasonable time. The following activities do not require the owner or operatorto obtain a permit: 1) planning; 2) site clearing and grading; 3) ordering ofequipment and materials; 4) storing ofequipment; 5) setting up temporary trailers to house construction managementstaffand contractor personnel; 6) engineering and design; and 7) geotechnical investigation. In the eventthat the source does not qualifyfor issuance ofa permit, the owner oroperator accepts the financial risk of commencing these activities.
1.8.11. Commencement ofOperation
A new source commences operation when it first conducts the activity that itwas designed and permitted for (i.e., producing cementorgenerating electricity).
I.8.12. Construction Permit
Means the same as an emission permit as required under Part 8 ofthis regulation as it existed priorto July 1, 1992, and is the permit required under Colorado Revised Statutes Section 25-7-114.2 afterJuly 1, 1992.
I.8.13. Continuous Emissions Monitoring System (GEMS)
Allofthe equipment thatis required to meetthe data acquisition andavailabilityrequirements ofPart0 ofthis Regulation orof

### a permitissuedin accordance with Parts B or

### C ofthis regulation, to sample, condition (ifapplicable), analyze, andprovide 

### a record ofemissions on 

### a continuous basis.
1.8.14. Continuous Emissions Rate Monitoring Systems (GERMS)
The totalequipmentrequired forthe determination andrecording ofthe pollutantmass emissions rate (in terms ofmassperunitoftime).


### I.8.15. Continuous ParameterMonitoring System (CPMS)
Allofthe equipmentnecessary to meetthe data acquisition andavailabilityrequirements of Part0 ofthis Regulation, to monitorprocess andcontroldevice operationalparameters (for example, controldevice secondary voltages andelectriccurrents) andotherinformation (for example, gas flowrate, 02 orC02 concentrations), andto record average operationalparameter value(s) on 

### a continuous basis.



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### CODE OF COLORADO REGULATIONS© 2008 State ofColorado All Rights Reserved
1.8.16. Criteria pollutants 31 CR 4, 04-08 

### Page 5

Those pollutants for which the U.S. EPA has established national ambient air quality standards, including: carbon monoxide, nitrogen dioxide (direct emissions and as a precursorto ozone), sulfur dioxide, PM10, PM2.5, total suspended particulate matter, ozone, volatile organic compounds (as a precursorto ozone), and lead.
Forthe purposes ofAir Pollutant Emission Notice reporting, criteria pollutants shall also include nitrogen oxides, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced sulfur compounds, municipal waste combustor organics, municipal waste combustor metals, and municipal waste combustoracid gases. 1.8.17. Designated Representative
Means a responsible natural person authorized by the owners and operators ofan affected source and ofall affected units atthe source, as evidenced,by a certificate ofrepresentation submitted in accordance with Subpart 8 ofCode of Federal Regulations, Title 40, Part 72, to represent and legally bind each ownerand operator, as a matterof law, in matters pertaining to the acid rain program. Wheneverthe term responsible official is used, it shall be deemed to referto the designated representative with regard to all matters under the acid rain program. 1.8.18. DraftPermit
Means a proposed form ofa permitthat is released to the public for an opportunity for public comment and hearing, and for affected state review priorto the Division's final decision on a permit application.
1.8.19. ExistingSource
An air pollutant source that has been constructed, is in operation, or has received an initial approval ofa construction permit priorto the effective date ofapplicable requirements.
1.8.20. Fugitive Dust
For purposes ofthis Regulation Number3, fugitive dust means soil orotherairborne particulate matter (excluding particulates produced directly during combustion) resulting from natural forces or from surface use or disturbance, including, but not limited to, all dustfrom agriculture, construction, forestry, unpaved roads, mining, exploration, orsimilaractivities in which earth is either moved, stored, transported, or redistributed; exceptthat fugitive dust shall not include any fraction ofsuch soil orother airborne particulate matterthat is ofa size or substance to adversely affect public health orwelfare.
1.8.21. General Permit
Means a single permit issued to cover numerous similar sources. 1.8.22. Indirect Source
A facility, building, structure, or installation, or any combination thereof, excluding dwellings, which can reasonably be expected to cause or induce substantial mobile source activity that results in emissions ofair pollutants that might reasonably be expected to interfere with the attainment and maintenance of National AmbientAir Quality Standards.

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1.8.23. Major Source Any stationary source orgroup ofstationary sources belonging to the same industrial grouping (see Section I.8.41. ofthis PartA), that are located on one or more contiguous or adjacent properties and are under common control ofthe same person (or persons undercommon control) that:
1.8.23.a. Directly emits, or has the potential to emitconsidering enforceable

1.8.23.b.controls, in the aggregate, ten tons peryear or more ofany hazardous air pollutant ortwenty-five tons peryear or more ofany combination of hazardous air pollutants, or such lesser quantity of hazardous air pollutants as may be established pursuantto the Federal Act. Emissions from any oil orgas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or undercommon control, to determinewhether such units or stations are major sources, and in the case ofany oil orgas exploration or production well (with its associated equipment), such emissions shall not be aggregated for any purpose underthis provision. Fugitive emissions shall be considered in determining whether a stationary source of hazardous air pollutants is a major source. Directly emits, or has the potential to emit, one hundred tons per year or more ofany air pollutant. Fugitive emissions shall not be considered in determining whether a source is a majorstationary source for purposes of this Section 1.8.23.b., unlessthe source belongs to one ofthe following categories ofstationary sources: 1.8.23.b.(i) 1.8.23.b.(ii) 1.8.23.b.(iii) 1.8.23.b.(iv) 1.8.23.b.(v) 1.8.23.b.(vi)


### I.B.23.b.(vii) Coal cleaning plants (with thermal dryers);
Kraft pulp mills;
Portland cement plants; Primary zinc smelters;
Iron and steel mills; Primary aluminum ore reduction plants; Primary copper smelters; I.B.23.b.(viii) Municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; I.B.23.b.(ix) I.B.23.b.(x) I.B.23.b.(xi) 1.8.23.b.(xii) Hydrofluoric, sulfuric, or nitric acid plants;
Petroleum refineries;
Lime plants; Phosphate rock processing plants; 1.8.23.b.(xiii) Coke oven batteries;



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I.B.23.b.(xiv) Sulfur recovery plants; I.B.23.b.(xv) Carbon black plants (furnace process); I.B.23.b.(xvi) Primary lead smelters; I.B.23.b.(xvii) Fuel conversion plants; I.B.23.b.(xviii) Sintering plants; I.B.23.b.(xix) Secondary metal production plants; I.B.23.b.(xx) Chemical process plants; I.B.23.b.(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; I.B.23.b.(xxii) Petroleum storage and transfer units with atotal storage capacity exceeding 300,000 barrels; I.B.23.b.(xxiii) Taconite ore processing plants; I.B.23.b.(xxiv) Glass fiber processing plants; I.B.23.b.(xxv) Charcoal production plants; I.B.23.b.(xxvi) Fossil fuel-fired steam electric plants ofmore than 250 million British thermal units per hour heat input; or I.B.23.b.(xxvii) Any other stationary source categories regulated by a standard promulgated as ofAugust 7, 1980 under Section 111 or 112 of the Federal Act, but only with respect to those air pollutants that have been regulated forthat category. I.B.23.c. Meets any ofthe definitions ofmajorstationary source setforth in Section II.A.25. of Part D ofthis Regulation Number 3.
I.B.24. MinorSource Any stationary source that does not qualify as a majorsource (as defined in Section I.B.23. above).
I.B.25. Mobile Source
Motorvehicles and other sources ofair pollution that emit pollutants while moving and that commonly do not remain at one site (one or more contiguous or adjacent properties owned or operated by the same person or by persons under common control}, butdoes not include portable sources. I.B.26. Modification Any physical change in, or change in the method ofoperation of, a stationary source that does not meetthe definition of major modification (as defined in Section II.A.23. of Part Dof this regulation), and that increases the emission rate ofany pollutantforwhich afederal or



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state emission standard has been promulgated orthat results in the emission ofany such pollutant previously not emitted. The following exceptions apply:
1.8.26.a. Routine maintenance, repair, and replacement shall not be considered a physical change;
1.8.26.b. Unless previously limited by enforceable permit terms and conditions, the following shall not be considered to be a change in the method of operation: 1.8.26.b.(i) An increase in the production rate ifsuch increase does not exceed the design capacity ofthe source and does not lead to emissions in excess ofthe emission standards; 1.8.26.b.(ii) An increase in the hours ofoperation that does not lead to emissions in excess ofthe emission standards. 1.8.26.b.(iii) Use ofan alternative fuel or raw material by reason ofan order in effect under Sections 2(a) and (b) ofthe Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), a prohibition underthe Federal Power Plan and Industrial Fuel Act of 1978 (or any superseding legislation) or by reason of a natural gas curtailment plan in effect pursuantto the Federal PowerAct; 1.8.26.b.(iv) Use ofan alternative fuel by reason ofan order or rule under Section 125 ofthe Federal Act; or 1.8.26.b.(v) Change in ownership ofthe source. 1.8.26.c. Emissions resulting from construction and exploration shall be excluded in determining whether a modification will occur. Emissions from on going construction, and emissions from natural gas flaring are not considered to be temporary emissions, and are included in determining whether a modification will occur. 1.8.26.d. This definition shall not be used as a definition ofmajor modification or minor permit modification (as defined in Section I.A.2. of Part C ofthis regulation)-- these are distinct and separate definitions.
1.8.26.e. Any physical change orchange in the method ofoperation at a source with an operating permit issued pursuantto Part C ofthis Regulation Number 3, that does not constitute a major modification (as defined in Part D, Section II.A.23. ofthis Regulation Number3) and that does nottrigger new source performance standards or hazardous air pollutant requirements under the Federal Act is not considered to be a modification; exceptthat any such change shall triggerthe provisions of Part 8, Section III.D.1.a. through III.D.1.g., and Part C, Sections X.A., and Part C Sections XII.A. orXll.8., as appropriate.
for Administrative PermitAmendment see Section 1.8.1. of PartA for Minor Permit Modification, see Section I.A.2. of Part C for Major Modification, see Section II.A.23. of Part D for Permit Modification, see Section I.A.3. of Part C

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for Permit Revision, see Section 1.8.32. of PartA for Significant Permit Modification, see Section I.A.?. of Part C Page 9



### 1.8.27. New Source
A stationary air pollution source, other than an existing source; orany source that resumes operation after being inactive for more than one year after having been shut down for the purpose ofeliminating emissions that violated any applicable emission control regulation or regulation forthe control of hazardous air pollutants.
1.8.28. Non-criteria Reportable Pollutants
The list of pollutants set forth in Appendix 8 and those ozone-depleting compounds listed in Section 602 ofthe Federal Act.
1.8.29. Non-Road Engine
1.8.29.a. Except as discussed in Section 1.8.29.b. ofthis definition, a non-road engine is an internal combustion engine:

1.8.29.b.1.8.29.a.(i) In or on a piece ofequipment that is self-propelled orserves adual purpose by both propelling itselfand performing anotherfunction (such as garden tractors, off-highway mobile cranes and bulldozers); or 1.8.29.a.(ii) In or on a piece ofequipmentthat is intended tobe propelled while performing its function (such as lawnmowers and string trimmers); or 1.8.29.a.(iii) That, by itselfor in or on a piece ofequipment is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia oftransportability include, but are not limited to wheels, skids, carrying handles, dolly, trailer or platform.
An internal combustion engine is not a non-road engine if: 1.8.29.b.(i) The engine is used to propel a motorvehicle ora vehicle used solely for competition, or is subjectto standards promulgated under Section 202 ofthe Federal Act; or 1.8.29.b.(ii) The engine is regulated by afederal New Source Performance Standard promulgated under Section 111 ofthe Federal Act; or 1.8.29.b.(iii) The engine otherwise included in Section 1.8.29.a.(iii) ofthis definition remains orwill remain at a location for more than twelve consecutive months or a shorter period oftime for an engine located as a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same orsimilarfunction as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period ofthe seasonal source. A seasonal source is a stationary source that remains in a**sie~l~,lg,c~aJi~~~~** 

### a

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permanent basis (i.e., at leasttwo years) and that operates at a single location approximately three months (or more) each year. This (

I.B.29.c. Section does not apply to an engine afterthe engine is removed from the location.
Non-road engines not co-located atan existing major source An operator ofa non-road engine as defined in Section 1.8.29.a.(iii), above, with a manufacturer's site-rated horsepowerof 1,200 orgreater, oran aggregation ofsuch non-road engines each with a manufacturer's site-rated horsepower of 1,200 or greater, thatoperate more than 4,380 hours peryear at the same location are subjectto the following state-only requirements: 1.8.29.c.(i) Submit an air pollutant emission notice and pay the appropriate fees pursuantto Section VI. of PartA ofthis regulation; 1.8.29.c.(ii) Submit an application for a site-specific, temporary, non-road engine permiton forms supplied by the Division ifthe estimated annual actual emissions reported on the Air Pollutant Emission Notice, as required by Section I.B.29.c.(i), are equal to orexceed one hundred tons peryearor more of nitrogen oxides, 100 tons peryearor more ofcarbon monoxide, orforty tons peryearor more ofsulfurdioxide. After receiptand review ofa complete application, the Division shall issue a state-only non-road engine permit containing such terms and conditions as are necessary to protectthe ambientair quality standards. I.B.29.c.(iii) The operator ofa non-road engine that is exempt based on ( hours ofoperation orthe annual emissionsthresholds described above, must maintain sufficient records to verify thatthe engine or engines are exemptfrom the state-only reporting and permit requirements. Such records shall be made available for Division review upon request.
I.B.29.d. Non-road engines co-located at an existing major source of nitrogen oxides and sulfur dioxide
An operator ofa non-road engine or aggregation ofengines each with a manufacturer's site-rated horsepower of 1,200 or greater, and are non-road engines under Section 1.8.29.a.(iii) ofthis definition, are subject to the following state-only requirements: 1.8.29.d.(i) Submit an air pollutant emission notice and pay the fees required by Section VI. ofthis Part; 1.8.29.d.(ii) Submitan application for a site-specific, temporary, stateonly non-road engine permit on forms supplied by the Division ifthe estimated annual actual emissions reported on the air pollutant emission notice, as required by Section I.B.29.d.(i), are equal to or exceed forty tons per year or more of nitrogen oxides, one hundred tons peryearor more ofcarbon monoxide, or forty tons peryearor more ofsulfurdioxide. After receipt and review ofa complete application, the Division shall issue a temporary state-only non-road engine permit containing such terms and conditions as are necessary to protectthe ambient air quality standards.



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1.8.29.d.(iii) The operator ofa non-road engine that is 1,200 horsepower or greater, but is exempt on the basis ofthe annual emissions thresholds described above, must maintain sufficient records to verify thatthe engine or engines are exemptfrom the state-only reporting and permit requirements. Such records shall be made available for Division review upon request.
1.8.30. Operating Permit
Unless the context suggests otherwise, any permit or group ofpermits covering an operating permit source that is issued, renewed, amended or revised pursuant to Part C ofthis Regulation Number 3.
1.8.31. Operating Permit Source Any source subject to the permitting requirements of Part C ofthis regulation.
1.8.32. Permit Revision Any permit modification, minor permit modification, oradministrative permit amendment. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program provided that such increases do not require a permit revision underany otherapplicable requirement.
1.8.33. Pollution Prevention Any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release ofair pollutants (including fugitive emissions) and other pollutants to the environment priorto recycling, treatment, or disposal. This definition does not include recycling (otherthan certain "in-process recycling" practices), energy recovery, treatment, ordisposal.
1.8.34. Portable Source
A source such as, but not limited to, asphalt batch plants and aggregate crushers that commonly and by usual practice is moved from one site to another. A source will not be considered portable if it remains on one site for more than two years. 1.8.35. Potential to Emit
The maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical oroperational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation oron the type oramount of material combusted, stored, or processed, shall be treated as part of its design ifthe limitation orthe effect it would have on emissions is state enforceable and federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. 1.8.36. 

### Predictive Emissions Monitoring System (PEMS)
Allofthe equipmentnecessaryto monitorprocess andcontroldevice operationalparameters (forexample, controldevice secondary voltages andelectric currents) andotherinformation (forexample, gas flow rate, 02 orC02 concentrations), andcalculate andrecord the mass 

### emissions rate (forexample, lblhr) on 

### a continuous basis.



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1.8.37. Regulated Air Pollutant Nitrogen oxides or any volatile organic compounds, except as listed in the definition of negligibly reactive volatile organic compounds in the Common Provisions regulation; any pollutant for which a national orstate ambient air quality standard has been promulgated; any pollutant that is subjectto any standard promulgated under Section 111 ofthe Federal Act (Regulation Number6); any class I or II substance subjectto a standard promulgated under or established by Title VI ofthe Federal Act; any pollutant subjectto a standard promulgated under Section 112 or other requirements established under Section 112 ofthe Federal Act, including Sections 112(g), 

### U), and (r) ofthe Federal Act; and any pollutant subjectto a standard promulgated pursuant to Colorado Revised Statutes Section 25-7-109.3(5)(a), (state-only hazardous air pollutants listed in Section 25-7-109.3(5)(a) are subjectto state enforcement only and do nottrigger enforcement by the Administrator or by citizens under Section 304 of the Federal Act.)
Once a source becomes subjectto the operating permit requirements, regulated air pollutants must be addressed in the permit application and in the permit.
1.8.38. Responsible Official One ofthe following:


### I.8.38.a. For a corporation: a president, secretary, treasurer, orvice president ofthe corporation in charge ofa principal business function, or any other person who performs similar policy or decision making functions forthe corporation, or a duly authorized representative ofsuch person ifthe representative is responsible for the overall operation ofone or more manufacturing, production, oroperating facilities applying foror subjectto a permit and ei- ( ther:

5 

### CCR 1001-5 1.8.38.a.(i) The facilities employ more than two hundred and fifty persons or have gross annual sales or expenditures exceeding twentyfive million dollars (in second quarter 1980 dollars); or 1.8.38.a.(ii) The delegation ofauthority to such representative is approved in advance by the Division;
1.8.38.b. For a partnership or sole proprietorship: a general partner orthe proprietor, respectively;
1.8.38.c. For a municipality, state, federal, orother public agency; either a principal executive officer, or ranking elected official. Forthe purposes ofthis section, a principal executive officerofa federal agency includes the chief executive officer having responsibility forthe overall operations ofa principal geographic unitofthe agency; or 1.8.38.d. For affected sources: 1.8.38.d.(i) The designated representative in so far as actions, standards, requirements, or prohibitions underTitle IV ofthe Federal Act orthe regulations, found at Code of Federal Regulations Title 40, Part 72, promulgated there under are concerned; and



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1.8.38.d.(ii) The designated representative underTitle IVofthe Federal Act orthe Code of Federal Regulations Title 40, Part 72 for any other purposes underthe Code of Federal Regulations Title 40, Part 70.
1.8.39. Schedule ofcompliance
A schedule of required measures, including an enforceable sequence ofactions oroperations, leading to compliance with an applicable state implementation plan, emission standard, emission limitation, emission prohibition, oremission control regulation.
1.8.40. State-only Condition
Means any standard, term or condition that is not required by Part C ofthis regulation (Title V Operating Permits), Part D ofthis regulation (major New Source Review), Title Ill (hazardous air pollutants) or Section 111 (New Source Performance Standards) ofthe Federal Act, is not required to be federally enforceable to participate in the early reductions program, is not required to create a federally enforceable emissions limitation in orderto create a synthetic minor source (as defined in Section I.A. ofthis Part), or is otherwise more stringentthan a requirement underthe Federal Act.
1.8.41. Stationary Source Any building, structure, facility, or installation, orany combination thereof belonging to the same industrial grouping, that emits or mayemit any air pollutant subjectto regulation under the Federal Act, that is located on one or more contiguous or adjacent properties and that is owned or operated by the same person or by persons undercommon control. Those emissions resulting directly from an internal combustion engine fortransportation purposes or from a non-road engine as defined in Section 1.8.29. ofthis Part shall not be considered a stationary source. Building, structures, facilities, equipment, and installations shall be considered to belong to the same industrial grouping ifthey belong to the same major groups (i.e., have the same two-digit codes) as described in the Standard Industrial Classification Manual, 1987, but not later amendments. See National Technical Information Service, Order Number PB 87-100012. The manual is available for examination atthe office ofthe Director ofthe Air Pollution Control Division, Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.
forAffected Source see Section I.A.1. of Part C for Existing Source, see Section I.8.19. of PartA for Indirect Source, see Section 1.8.22. of PartA for Major Source, see Section 1.8.23. of PartA for Major Stationary Source, see Section II.A.25. of Part D for Minor Source, see Section 1.8.24. of PartA for Mobile Source, see Section 1.8.25. of PartA for New Source, see Section 1.8.27. of PartA for Portable Source, see Section 1.8.34. of PartA forTemporary Source, see Section 1.8.42. of PartA
1.8.42. Temporary Source
A source in operation for not more than two years in duration unlessthe Division determines that a longertime period is appropriate.

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1.8.43. Uncontrolled Actual Emissions
The annual emission rate corresponding to the annual process rate listed on the Air Pollutant Emission Notice form, without consideration ofany emission control equipment or procedures.
The Division may allow a source to forego calculating orestimating its uncontrolled actual emissions of hazardous air pollutants upon a showing by the source and a determination by the Division thatthe creation ofsuch data is unreasonably costly, technically impractical or not reasonably related to information necessary for making regulatory decisions with respect to that source. The Division's final determination may be appealed to the Commission by the source. 1.8.44. Wet Screening Operations
A screening operation at a nonmetallic mineral processing plant that removes unwanted material orthat separates marketable fines from the product by a washing process that is designed and operated atall times such that water is an integral part ofthe process and the product is saturated with water. Screens that use spray bars forthe purposes ofdust control are not included in this definition.


### II. Air Pollutant Emission Notice (APEN) Requirements
II

### .A Air Pollutant Emission Noticesfor New, Modified, and Existing Sources 

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Except as specifically exempted in Section II.D., no person shall allow emission ofair pollutants from, or construction, modification oralteration of, any facility, process, or activity which constitutes a stationary source, except residential structures, from which air pollutants are, orare to be, emitted ( unless and until an Air Pollutant Emission Notice and the associated Air Pollutant Emission Notice fee has been filed with the Division with respectto such emission. Each such notice shall specify the location atwhich the proposed emission will occur, the name and address ofthe persons operating and owning such facility, the nature ofsuch facility, process oractivity, an estimate ofthe quantity and composition ofthe expected emission and other information as required in the currentAir Pollutant Emission Notice form.
II.B. General
11.8.1. Emission Estimate
The Air Pollutant Emission Notice shall include an estimate ofthe annual actual emissions, including emission controls. The emissions estimate shall be based upon actual testdata or, in the absence ofsuch data, upon estimations acceptable to the Division. The following alternative estimate methods, in orderofdescending acceptability, are acceptable to the Division:



### 5 CCR 1001-5 II.B.1.a. Mass balance calculations or a published, verifiable emission factor, whichever is best applied to the source; or ll.B.1.b. Other engineering calculations. Stack testing oremission monitoring will not be required solely to meettheAir Pollutant Emission Notice reporting requirements.
An owner oroperator shall provide ajustification to the Division for not using any methods that are higher on the listthan the method the owneror operator proposes



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to use. Ifnone ofthe above methods are available orapplicable to the source, an appropriate method will be determined on a case-by-case basis by the Division, taking into accountthe provisions ofSection II.C.2. ofthis PartA
The Division shall make available to all air pollution control authority offices appropriate forms on which the information required by this section shall be submitted.
11.8.2. Air Pollutant Emission Notice Term
An Air Pollutant Emission Notice is valid for a period offive years. The five-year period recommences when a revised Air Pollutant Emission Notice is received by the Division.
11.8.3. APEN Applicability
Forthe purposes ofAir Pollutant Emission Notice applicability, a source will be considered to be an individual emission point, or group of points pursuantto Section 11.8.4. ofthis PartA
11.8.3.a. Criteria Pollutants
For criteria pollutants, Air Pollutant Emission Notices are required for: each individual emission point in a nonattainment area with uncontrolled actual emissions ofone ton peryear or more ofany individual criteria pollutant (pollutants are not summed) for which the area is nonattainment; each individual emission point in an attainment or attainment/maintenance area with uncontrolled actual emissions oftwo tons peryear or more ofany individual criteria pollutant (pollutants are not summed); each individual emission point with uncontrolled actual emissions of lead greaterthan one hundred pounds per year, regardless ofwhere the source is located.
11.8.3.b. Non-criteria Reportable Pollutants
For non criteria reportable pollutants, Air Pollutant Emission Notices are required for each individual emission pointwith uncontrolled actual emissions that exceed the de minimis levels as determined following the procedures setforth in Appendix A
11.8.4. Source Grouping Grouping of multiple emission points on a single Air Pollutant Emission Notice shall be allowed as often as possible, provided the overall goals of receiving accurate and verifiable emissions information are notcompromised. The following guidelines shall be used to delineate occasions when grouping can be allowed. These are intended to be used as guidelines only, and specific questions regarding grouping should be directed to the Division. Multiple pieces ofequipment or processes from a single facility may be grouped or associated together and reported on one single Air Pollutant Emission Notice provided the individual sources ofemissions meetthe following guidelines:
11.8.4.a.All ofthe aggregated sources have identical source classification codes and emission factors for criteria pollutants;
11.8.4.b. Each ofthe aggregated sources share a similar location within the facility;
11.8.4.c. Similar sources regulated underthe New Source Performance Standards (Regulation Number6) and non-New Source Performance Standard sources should not be grouped; 

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II.B.4.d. None ofthe individual sources is required to monitor emissions through the use ofcontinuous emission monitors;
II.B.4.e. Each ofthe individual emission points hasfuel usage, production, and a consumption level, which are indistinguishable from the other points, which have been grouped on the Air Pollutant Emission Notice;
II.8.4.f. None ofthe individual sources grouped on the Air Pollutant Emission Notice has previously been issued its own separate emissions permit.
The Division maintains its authority to require individual separate Air Pollutant Emission Notices for any process oractivity.
The Division may allow a source to deviate from this emission point grouping criteria upon a showing that an alternative is reasonable and will not compromise the overall goals of receiving accurate and verifiable emissions information.
11.8.5. Air Pollutant Emission Notices and revised Air Pollutant Emission Notices shall be based on calendar years (January through December).
11.8.6. The emissions noted on the currentAir Pollutant Emission Notice on file with the Division shall be used for emission fee calculations as described in Section VI. ofthis PartA. II.C. Revised Air Pollutant Emission Notices II.C.1. A revised Air Pollutant Emission Notice shall be filed:



### 5 CCR 1001-5 II.C.1.a.Annuallywhenever a significant change (as defined in Section II.C.2.) in annual actual emissions occurs; or II.C.1.b.Wheneverthere is a change in the owneror operatorofany facility, process, or activity; or II.C.1.c.Whenever new control equipment is installed, orwhenever a differenttype of control equipment replaces an existing type ofcontrol equipment (revised Air Pollutant Emission Notices are not required for routine maintenance, repair, or replacement ofcontrol equipment; or II.C.1.d.Whenever a permit limitation must be modified; or II.C.1.e. Before the Air Pollutant Emission Notice expires. II.C.1.f. A revised Air Pollutant Emission Notice is not required wheneverthe location of a portable facility, process, or activity is changed, however, the owneror operator ofsuch source mustfile a relocation notice. Such notice shall be received by the Division at leastten days priorto the change in location. Alternatively, the owner or operator ofa portable source may request written approval from the Division to report multiple relocations. Relocation forms are available atthe Division offices. II.C.1.g.A revised Air Pollutant Emission Notice is not required for emergency or backup generatorsthat are ancillary to the main units atelectric utility facili

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ties, and that have a permit under Parts CorD ofTitle I, orTitle V ofthe Federal Act.
II.C.1.h.A revised Air Pollutant Emission Notice is not required for emergency or backup generatorsfor electric power generating facilities that are not ancillary to a main unit at an electric utility facility, and that have a permit containing limits on the physical oroperational capacity ofthe source to emit a pollutant such that the source is not considered to be a major stationary source as defined in Section II.A.25. of Part D ofthis Regulation Number3. Ifan owner oroperatorofsuch a source chooses to file a revised Air Pollutant Emission Notice, the Air Pollutant Emission Notice shall listthe average of the annual actual emissionsforthe preceding three years. II.C.2. Significant change, forthe purposes ofthis section means: II.C.2.a. For any non-criteria reportable pollutant ifthe emissions increase by fifty percent orfive tons per year, whichever is less, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division. II.C.2.b. For criteria pollutants: II.C.2.b.(i) For sources emitting less than one hundred tons per year, a change in annual actual emissions offive tons per year or more, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division, of any such air pollutant; or II.C.2.b.(ii) Forvolatile organic compound and nitrogen oxides sources in ozone nonattainment areas emitting less than one hundred tons of volatile organic compound peryear, a change in annual actual emissions ofone ton peryear or more orfive percent, whichever is greater, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division; or II.C.2.b.(iii) For sources emitting one hundred tons per year or more, a change in annual actual emissions offive percent orfifty tons per year or more, whichever is less, above the level reported on the last Air Pollutant Emission Notice submitted to the Division, ofany such air pollutant; or II.C.2.b.(iv) A change in annual actual emissions, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division, offifty pounds of lead.
II.C.3. Timeframe for Revised Air Pollutant Emission Notice submittals II.C.3.a. Revised Air Pollutant Emission Notices shall be submitted no laterthan within thirty days before the five-year term expires. II.C.3.b.Owners oroperators ofsources that are required to obtain a permit revision mustfile a revised Air Pollutant Emission Notice along with a request for permit revision. A revised permit must be obtained before the change atthe source occurs. II.C.3.c. Sources submitting revised Air Pollutant Emission Notices to inform the Division ofa change in annual actual emission rates must do**§'S~~~~13ggfd** 

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the following year (e.g., a change in emissions in calendar year 1993 must be reported by April 30, 1994). II.C.3.d.Air Pollutant Emission Notices for changes in control equipment must be submitted before the change occurs); exceptfor control equipment at condensate storage tanks located at oil and gas exploration and production facilities subjectto the requirements in Regulation Number 7, Section XII. For this control equipment, a revised APEN shall be filed once per year, as specified in Section II.C.3.c. of PartA, ifany control equipment is added or ifcontrol equipment is relocated or removed.
II.D. Exemptions from Air Pollutant Emission Notice Requirements
II.D.1. Notwithstanding the exemptions contained in Section II.D.1., Air Pollutant Emission Notices must be filed for all emission units specifically identified in the applicability section ofany subpart of PartA of Regulation Number6 (New Source Performance Standards) and/or Regulation Number 8 (Hazardous Air Pollutants), Parts A,C,D, and E. However, Air Pollutant Emission Notices need not be filed forwet screening operations subjectto Subpart

### 000 ofthe New Source Performance Standards ifthe exemption in Section II.D.1.cccc. is applicable. Stationary sources having emission units that are exemptfrom the requirementto file an Air Pollutant Emission Notice must nevertheless comply with all requirements that are otherwise applicable specifically to the exempted emission units, including, but not limited to: Title V, Prevention ofSignificant Deterioration, nonattainment NewSource Review, opacity limitations, odor limitations, particulate matter limitations and volatile organic compounds controls. 

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An applicant may not omitany information regarding APEN exempt emission units in any ( permit application ifsuch information is needed to determine the applicability ofTitle V (Part · C ofthis Regulation Number3), Prevention ofSignificant Deterioration (Section VI., Part D of this Regulation Number 3), or nonattainment New Source Review (Section V., Part D ofthis Regulation Number 3).
The following sources are exemptfrom the requirementto file Air Pollutant Emission Notices because by themselves, or cumulatively as a category, they are deemed to have a negligible impact on air quality.



### 5 

### CCR 1001-5 II.D.1.a.lndividual emission points in nonattainment areas having uncontrolled actual emissions ofany criteria pollutant of lessthan one ton per year, and individual emission points in attainment or attainment/maintenance areas having uncontrolled actual emissions ofany criteria pollutantof less than two tons per year, and each individual emission pointwith uncontrolled actual emissions of lead less than one hundred pounds peryear, regardless ofwhere the source is located.
II.D.1.b.lndividual emission points of non criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures setforth in Appendix A.
II.D.1.c.Air conditioning orventilating systems not designed to remove air pollutants generated by or released from other processes orequipment.
II.D.1.d. Fireplaces used for recreational purposes, inside or outside.



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II.D.1.e.Fires and equipment used for noncommercial cooking offood for human consumption, orcooking offood for human consumption at commercial food service establishments, exceptforchar broilers and wood fired equipment (but not including campfires) in PM10 nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service establishment, either gasfired or using charcoal or otherfuel, upon which grease drips down upon an open flame, charcoal orembers.
II.D.1.f. Safetyflares used to indicate dangerto the public. II.D.1.g.Agricultural operations such as farming, cultivating, harvesting, seasonal crop drying, grain handling operations that are below New Source Performance Standards de minimis levels (including milling and grain elevatoroperations), and animal feeding operations that are not housed commercial swine feeding facilities as defined in Regulation Number2, Part B. This exemption does not applyto an agricultural operation that: (1) is a majorsource (as defined in Section 1.8.23. ofthis art); (2) meets orexceedsthe storage capacity thresholds ofa federal New Source Performance Standard (Regulation Number6, PartA); or (3) participates in the early reduction program ofthe Federal Act, Section 112. Ancillary operations such as fueling stations located at farms or ranches are notexemptfrom Air Pollutant Emission Notice and permit requirements unless otherwise belowthe de minimis emission levels contained in this regulation, and are not exemptfrom otherapplicable regulation promulgated bythe Commission.
II.D.1.h. Emissionsfrom, or construction, or alteration of residential structures, including all buildings or other structures used primarily as a place ofresidence, and including home heating devices.
II.D.1.i. Laboratories and research & developmentfacilities: II.D.1.i.(i) Noncommercial (in house) experimental and analytical laboratory equipmentthat is bench scale in nature including qualitycontrol/quality assurance laboratories, process support laboratories, environmental laboratories supporting a manufacturing or industrial facility, and research and development laboratories. II.D.1.i.(ii) Research and developmentactivities that are ofa small pilot scale and that process less than ten thousand pounds oftest material peryear; II.D.1.i.(iii) Small pilot scale research and development projects less than six months in durationwith controlled actual emissions less than five hundred pounds ofany criteria pollutant orten pounds ofany non criteria reportable pollutant. II.D.1.j. Disturbance ofsurface areasfor purposes of land development, that do not exceedtwenty-five contiguous acres and that do notexceed six months in duration. (This does not include mining operations or disturbance ofcontaminated soil).
II.D.1.k. Each individual piece offuel burning equipment, otherthan smokehouse generators and internal combustion engines, that uses gaseousfuel, and that has a design rate less than orequal to five million British thermal units per



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### 5 CCR 1001-5 32 CR 1, 01-09

hour. (See definition offuel burning equipment, Common Provisions Regulation).
11.0.1.1. Internal combustion engines powering portable drilling rigs.
II.0.1.m. Exemption Repealed
11.0.1.n. Chemical storage tanks orcontainers that hold lessthan five hundred gallons, and that have an annual average dailythroughput of less than twentyfive gallons.
11.0.1.o. Unpaved public and private roadways, exceptfor haul roads located within a stationary source site boundary. 11.0.1.p.Sanding ofstreets and roads to abate traffic hazards caused by ice and snow. 11.0.1.q.Open burning activities, exceptthat all reporting and permitting requirements that applyto such operations must be followed (see Regulation Number9).
11.0.1.r. Brazing, soldering, orwelding operations, exceptthose that use lead based compounds. All welding that occurs strictlyfor maintenance purposes is exempt.
11.0.1.s. Street and parking lot striping.
11.0.1.t. Battery recharging areas. 11.0.1.u.Aerosol can usage. 11.0.1.v. Sawing operations, that is ancillarytofacility operations, and is not part ofthe production process. 11.0.1.w. The process ofdemolition and re bricking offurnaces and kilns. This does not include subsequent operation ofsuch furnaces or kilns.
11.0.1.x. Road and lot paving operations at commercial and industrial facilities, except that asphalt and cement batch plants require Air Pollutant Emission Notices and permits, unless exempt under some other section. 11.0.1.y.Adhesive use that is not related to production.
11.0.1.z. Fire training activities.
11.0.1.aa. Caulking operationsthat are not part of a production process. 11.0.1.bb. Landscaping and site housekeeping devices equal to or lessthan ten horsepower in size (lawnmowers, trimmers, snow blowers, etc.).
11.0.1.cc. Fugitive emissions from landscaping activities (e.g., weeding, sweeping).
11.0.1.dd. Landscaping use ofpesticides, fumigants, and herbicides.
11.0.1.ee. Exemption Repealed



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II.D.1.ff.Emergencyevents such as accidental fires. II.D.1.gg.
II.D.1.hh. Smoking rooms and areas. Plastic pipe welding.
II.D.1.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes. 11.0.1.jj. Beauty salons.
II.D.1.kk. Operations involving acetylene, butane, propane and otherflame cutting torches.
11.0.1.11. Pharmacies.
II.D.1.mm. Chemical storage areas where chemicals are stored in closed containers, and wheretotal storage capacity does not exceed five thousand gallons. This exemption applies solelyto storage ofsuch chemicals. This exemption does not applyto transfer ofchemicals from, to, or between such containers.
II.D.1.nn. Architectural painting, roof coating material and associated surface preparation (except for sandblasting and exceptforvolatile organic compound emissions, associated with surface preparation, above Air Pollutant Emission Notice de minimis levels) for maintenance purposes at industrial or commercial facilities.
II.D.1.oo. Emissions that are not criteria (as defined in Section 1.8.16. ofthis part) or non-criteria reportable pollutants (as defined in Section 1.8.28. ofthis part) (These emissions include methane, ethane, and carbon dioxide). II.D.1.pp. II.D.1.qq. Janitorial activities and products. Grounds keeping activities and products.
II.D.1.rr. Sources ofodorous emissions that do not utilize emission control equipmentfor control ofodorous emissions. This exemption applies to the odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements of Regulation Number2.
II.D.1.ss. Truck and carwash units.
II.D.1.tt.Office emissions, including cleaning, copying, and restrooms. II.D.1.uu. Exemption Repealed
II.D.1.vv. Electrically operated curing ovens, drying ovens and similar activities, articles, equipment, orappurtenances. This exemption appliestothe ovens only, and not to the items being dried in the ovens. II.D.1.ww. Equipment used exclusivelyfor portable steam cleaning.

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II.D.1.xx. Blast cleaning equipment using a suspension ofabrasive in water and any exhaust system or collector serving them exclusively. II.D.1.yy. Commercial laundries (except dry cleaners) that do not burn liquid or solid fuel.
II.D.1.zz. Storage ofbutane, propane, or liquefied petroleum gas in avessel with a capacity oflessthan sixtythousand gallons, provided the requirements of Regulation Number 7, Section IV. are met, where applicable.
II.D.1.aaa. Storage tanks ofcapacity less than forty thousand gallons of lubricating oils or used lubricating oils.
II.D.1.bbb. Venting ofcompressed natural gas, butane or propane gas cylinders, with a capacity ofone gallon or less.
II.D.1.ccc. Fuel storage and dispensing equipment in ozone attainment areas operated solelyfor company owned vehicles where the dailyfuel throughput is no morethan four hundred gallons per daythat is calculated as an annual average. Sources in an ozone attainment/maintenance area must utilize Stage 1vapor recovery on all tanks greaterthan 

### 550 gallons capacity, as required by Regulation Number7, in orderto takethis exemption.
II.D.1.ddd. Exemption Repealed
II.D.1.eee. Indirect sources are exempt until a permit regu)ation specificto indirect sources is promulgated by the Commission.
II.D.1.fff. Storage tanks meeting all ofthefollowing criteria: II.D.1.fff.(i) Annual throughput is less than four hundred thousand gallons; and II.D.1.fff.(ii) The liquid stored is one ofthe following: II.D.1.fff.(ii)(A) Diesel fuels 1 D, 2 D, or 4 6; II.D.1.fff.(ii)(B) Fuel oils #1 through #6; II.D.1.fff.(ii)(C) Gas turbine fuels 1 GTthrough 4 GT; II.D.1.fff.(ii)(D) oil/water mixtureswith avapor pressure equal to or lowerthan that ofdiesel fuel (Reid Vapor Pressure of

### 0.025 pounds per square inch absolute). II.D.1.ggg. Each individual piece offuel burning equipmentthat uses gaseous fuel, and that has a design rate lessthan orequal to ten million British thermal units per hour, and that is used solelyfor heating buildingsfor personal comfort.
II.D.1.hhh. Natural gasvehicle fleetfueling facilities.
II.0.1.iii. Electric motors driving equipment at non-commercial machining shops.



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Recreational swimming pools.
li.D.1.kkk. Forklifts.
II.D.1.111. Oil and gas exploration and production operations (well site and associated equipment) shall provide written notice to the Colorado Oil and Gas Conservation Commission ofproposed drilling locations priorto commencement ofsuch operations. Air Pollutant Emission Notices are not required until after exploration and/or production drilling, workovers, completions, and testing arefinished.
If production will result in reportable emissions, the owner or operator shall file an Air Pollutant Emission Noticewith the Division within thirty days afterthe well completion or recompletion report and log is filed with the appropriate state orfederal agency. If production will not occur, or production will not result in reportable emissions, the owner oroperator shall submitwritten notice to the Division indicating thatthe well was plugged, orthat emissions are otherwise not reportable. Ifproduction will result in reportable emissions, the owner or operator shall file an Air Pollutant Emission Notice with the Division within thirty days afterthe report offirst production is filed with the appropriate state orfederal agency but no laterthan ninety days following the first day of production.
II.D.1.mmm. Handling equipment and associated activities for glass that is destined for recycling.
II.D.1.nnn. Fugitive emissions of hazardous air pollutants that are natural constituents of native soils and rock (not added or concentrated by chemical or mechanical processes) from under ground mines or surface mines unless such source is a major source of hazardous air pollutants under Part C of Regulation Number 3. II.D.1.ooo. The use of pesticides, fumigants, and herbicides when used in accordance with requirements established underthe federal Insecticide, Fungicide and RodenticideAct as established by the U.S. EPA (United States Code Title 7, Section 136 et seq.). II.D.1.ppp. Ventilation ofemissions from mobile sources operating within atunnel, garage, or building. II.D.1.qqq. Non-asbestos demolition.
ll.D.1.rrr. Sandblast equipment when the blast media is recycled and the blasted material is collected, including small sandblast glove booths.
II.D.1.sss. Stationary Internal Combustion Engines that meetthe following specifications: II.D.1.sss.(i) Less than or equal to 175 horsepowerthat operate less than 1,450 hours per year; or**II.D.1~sss.(ii)** 

### Greaterthan 175 horsepower and less than orequal to 300 horsepowerthat operate less than 850 hours per year; or II.D.1.sss.(iii) Greaterthan 300 horsepowerand less**than~t~Ql;@l1o_7,...~Q** -t 

### horsepowerthat operate less than 340 hours per year.'··+c':: :.- ·- 1 

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II.D.1.ttt. Emergency powergeneratorsthat: II.D.1.ttt.(i) Have a rated horsepower of less than 260; or II.D.1.ttt.(ii) Operate no morethan 250 hours per year and have a rated horsepower of less than 737; or II.D.1.ttt.(iii) Operate no more than 100 hours per year and have a rated horsepower of less than 1,840.
II.D.1.uuu. Surfacewater storage impoundment of not potablewater and storm water evaporation ponds, except oil production wastewater (produced water tanks) containing equal to or morethan one percent byvolume crude oil on an annual average, and commercial facilities that accept oil production wastewaterfor processing.
II.D.1.vvv. Non-potablewater pipelinevents.
II.D.1.www. Steam vents and safety release valves.
II.D.1.xxx. Deaerator/vacuum pump exhausts. II.D.1.yyy. Seal and lubricating oil systems for steam turbine electric generators.
II.D.1.zzz. Venting of natural gas linesfor safety purposes. II.D.1.aaaa. Chemical Storage Tanks II.D.1.aaaa.(i) Sulfuric acid storage tanks notto exceed ten thousand five hundred gallons capacity. II.D.1.aaaa.(ii) Sodium hydroxide storage tanks.
II.D.1.bbbb. Containers, reservoirs, ortanks used exclusivelyfor dipping operations that contain no organic solventsfor coating objectswith oils, waxes, greases, or natural or synthetic resins.
II.D.1.cccc. Wet screening operations notwithstanding the applicability ofthe New Source Performance Standards included in the Code of Federal Regulations, Title 40, Part 60, Subpart 000.
II.D.1.dddd. Non-road engines as defined in Section 1.8.29. ofthis PartA, except certain non-road engines subjectto state-only air pollutant emission notice and permitting requirements pursuantto Section I.B.29.c. ofthis part. II.D.1.eeee. Exemption Repealed
II.D.1.ffff Air Curtain Destructors burning only yard waste, wood waste, and clean lumber, orany mixturethereofgenerated as a result ofprojects to reduce the risk ofwildfire and are not located ata commercial or industrial facility. Air curtain incinerators that are considered incinerators as defined bythe Common Provisions do not meetthis exemption.
II.D.2. An Air Pollutant Emission Notice must be filed for all incinerators.

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II.D.3. Air Pollutant Emission Notices are required for emergencyand backup generators that are ancillaryto the main units at electric utilityfacilities however, these units may be included on the sameAir Pollutant Emission Notice asthe main unit.
II.D.4. Any person may requestthe Division to examine a particularsource category or activityfor exemption from Air Pollutant Emission Notice or permit requirements. II.D.4.a.Such requests shall be made separatelyfrom the permit application review procedure.
II.D.4.b.Such requests shall include documentation indicating that emissions from the source category oractivity have a negligible impact on air quality and public health in Colorado, based on, but not limited to, the following criteria. II.D.4.b.(i) Emissionsfrom the source oractivity are belowthe Air Pollutant Emission Notice or permit emission de minimis levels set forth in this Regulation Number3; or II.D.4.b.(ii) The existing Division emission inventory is sufficientto indicate thatthe source or activity has a negligible impact; or II.D.4.b.(iii) For permit exemptions, criteria in Sections II.D.4.b.(i) and/or II.D.4.b.(ii), above, are met, and the source or activity has no applicable requirementthat applies to it, and the Division finds that monitoring or record keeping are not necessary. II.D.4.b.(iv) Exemptions shall not be granted for any source oractivity that is subjectto any federal applicable requirement. The Division shall determine on a case-by-case basis ifsources oractivities subjectto state only regulations may be granted an exemption.
II.D.4.c. None ofthe activities submitted as exemption requests to the Division may be taken by a source until the Commission has dulyadopted the exemptions as revisions to this Regulation Number3 and the U.S. EPA has approved the exemption requests.
II.D.5. Commercial (for hire) laboratories whose primary responsibilities are to perform qualitative or quantitative analysis on environmental, .clinical, geological, forensic, or process samples may estimate emissions for purposes ofAir Pollutant Emission Notice reporting based upon a mass balance calculation utilizing inventory and purchase records ofsolvents and reagents. Such laboratories may, at their discretion, group emission points ifsuch grouping meets the grouping criteria outlined in this regulation. All inert samples are exemptfrom Air Pollutant Emission Notice reporting. Emissions from samples subjected to analysis provided to such laboratoriesfor analysis and testing, and by-products that result from sample testing, are exempt from Air Pollutant Emission Notice reporting, provided such samples subjected to analysis are less than five gallonsfor liquids, orfive pounds for solids.
II.D.6. Research and development activities that do notfall within the small scale exemption in Section II.D.1.i. may estimate emissions for purposes ofAir Pollutant Emission Notice reporting based upon either a mass balance calculation utilizing inventory and purchase records, or best engineeringjudgment. Such facilities mayfile an Air Pollutant Emission Notice or revised Air Pollutant Emission Notice on an annual basis by April 30 ofthe yearfollowing the project's conclusion for each projectthat is not exempt under Section II.D.1.i., irrespective ofSection II.C., herein**(re"S>~!f.J?GIIutant r~CJV**  

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Emission Notice requirements), such Air Pollutant Emission Notices shall befiled on a per project basis and shall be based on controlled actual emissions.


### Ill. Administrative PermitAmendment Procedures
Ill.A. An application for an administrative permitamendment shall be prepared on forms supplied bythe Division.
111.8. Within sixty calendar days after receipt ofa complete application for an administrative permit amendmentthe Division shall issue its final determination on such application in accordance with thefollowing:
111.8.1. Denythe application foran administrative permit amendment; or
111.8.2. Grantthe application and incorporate any such changes into the permit providing such permit revisions are made pursuantto this PartA, Section Ill.
III.C. A source may implementthe changes addressed in the application for an administrative amendment immediately upon submittal of request, subjectto the final determination ofthe Division.



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Ill.D. As required underthe Federal Act, the Division shall transmitto the Administrator a copy of each revised permit made pursuantto an administrative permit amendment underthis provision.
Ill.E. No public notice or review by affected states shall be necessary for permit revisions made pursuant to administrative amendment procedures.
Ill.F. Administrative permitamendments for purposes ofthe acid rain portion of a permit shall be governed by regulations promulgated underTitle IV ofthe Federal Act, found at Code of Federal Regulations Title 40, Part 72.
IV. Operational Flexibility
IV.A. Alternative operating scenarios
No permit revision is required for reasonably anticipated operating scenarios identified by the source in its application for a permit and approved by the Division, provided the permit contains terms and conditions that:
IV.A.1. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log atthe permitted facility a record ofthe scenario underwhich it is operating;
IV.A.2. Ensure that the terms and conditions ofeach such alternative scenario meet all applicable requirements ofthe state and Federal Act.
IV.A.3. Extend the permit shield to all operating permitterms and conditions under each such operating scenario.
IV.B. Trading based on the permit
Ifallowed by the applicable state implementation plan, no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and othersimilar programs or processes for changes in emissions that are provided for in the permit. The permit applicant must request such provisions to be included in its permit, and ifapproved by the Division, the permit shall contain terms and conditions that:
IV.B.1. For operating permits, include all terms required under Section V.C. of Part C;
IV.B.2. Ensure that changes resulting from such increases and decreases in emissions meet all applicable requirements underthe state and Federal Acts;
IV.B.3. Extend the permit shield to all operating permit terms and conditions that allow such increases and decreases in emissions.
IV.C. Emissions trading under permit caps No permit revision shall be required where an applicant requests, and the Division approves such request, for a permit containing terms and conditions allowing for the trading ofemissions increases and decreases in the permitted facility. Procedures for such changes are: IV.C.1. For operating permits, the permit shall contain terms and conditions required pursuant to Section V.C. of Part C;



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IV.C.2. The permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable;
IV.C.3. Any emissions units forwhich emissions are not quantifiable orfor which there are no replicable procedures to enforce the emissionstrades shall not be included in this provision allowing emissionstrading without permit revision;
IV.C.4. The source shall comply with all other applicable requirements. IV.C.5. The source shall provide a minimum ofseven dayswritten notification in advance of the proposed changes to the Division and to the Administrator. The notice must be received by the Division no laterthan seven days in advance ofthe proposed changes. The source and the Division shall attach each such notice to their copy of the relevant permit. The notice shall contain:
IV.C.5.a. When the change will occur; IV.C.5.b. A description ofthe changes in emissionsthatwill result and how these increases and decreases in emissions will comply with the terms and conditions ofthe permit; IV.C.5.c. The permit shield shall extend to all operating permitterms and conditions that allow such increases and decreases in emissions. IV.C.6. A source shall be allowed to make such change proposed in its notice on the day following the last day ofthe advance notice described in Section IV.C.5. above, ifthe Division has not responded nor objected to such changes on or before that day. Certification And Trading Of Emission Reduction Credits Offset And Netting Transactions
V.A. Purpose
This section establishes procedures forthe recording ofcertified emissions reductions and fortheir use in emission credit transactions. These procedures are intended to:
V.A.1. Promote economic developmentand lowerthe costof meeting pollution control requirementswhile assuring ambient airquality progress and continued air quality maintenance; and
V.A.2. Encourage development of innovative pollution control methods and technologies.
V.B. Scope
This section applies to any pollutant regulated underthe Colorado Air Quality Control Act orthe regulations promulgated there under in all attainment, attainment/maintenance, and nonattainmentareas ofthe state. This section does not apply to emissions trading under permit caps in Section IV.C. of Part

### A
V.C. Definitions
V.C.1. Alternative compliance methods means the use ofemissions reductions credits to meetemissions control requirements in lieu ofan applicable control technique guidance method or reasonably available control technology.

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V.C.2. Bubble lets existing sources (orgroups ofsources) increase emissions atone operation in exchangefor compensating extra decreases in emissions at anotheroperation. The net result must be equivalentto or betterthan would have been accomplished using conventional source specific controls. V.C.3. Certified emissions reduction means a reduction in emissions belowthe baseline, that has been certified by the Division in accordance with the criteria ofSection V.E., and that maythen be used in an emission credittransaction.
V.C.4. Criteria pollutant means an air pollutant for which a National Ambient Air Quality Standard has been promulgated. V.C.S. Emission credit transaction means the use ofcertified emission reduction credits in a bubble, netting or offsettransaction or as an alternative compliance method. V.C.6. Major stationary source means majorstationary source as defined in Section II.A.25. of Part D ofthis regulation. V.C.7. Net emissions increase means net emissions increase as defined in Section II.A.27. of Part D ofthis regulation. V.C.B. Netting is designed to exempt modifications ofexisting major stationary sources from new source review requirements ifthe resultant impact does not exceed any ofthe significantvalues found in the definition ofsignificant in Section II.A.44. of Part D of this regulation. V.C.9. Non-inventoried source means any source that has not been recorded on the Division's emission inventory system. V.C.10. Offset means a transaction in which a certified emissions reduction is used eitherto avoid causing a violation ofan increment in an attainment or attainmenUmaintenance area, to meetthe requirements ofSection V.A.3. of Part D ofthis regulation, regarding the maintenance of reasonable further progress towards attainmentofthe National AmbientAir Quality Standards in nonattainment areas, orto avoid contributing to visibility orother air quality related values impairment in a Class Iarea. V.C.11. Registry meansthe Division's record ofthe certification and use ofemissions reductions. V.C.12. Significant means significant as defined in Section II.A.44. of Part D ofthis regulation. V.C.13. Surplus means emission reductions not required by current regulations, relied on for state implementation plan planning purposes, and not used to meet any other regulatory requirement. V.C.14. Open Dust means solid or other air borne particulate matter (excluding particulates produced directly during combustion) resulting from natural forces orfrom surface use ordisturbance, including, but not limited to, all dustfrom agriculture, construction, forestry, unpaved roads, mining, exploration, orsimilar activities in which earth is either moved, stored, transported or redistributed. V.C.15. Baseline emissions are equal to the product ofthe: V.C.15.a. Emission Rate (ER}, specified in terms ofmass emission per unitof production orthroughput (e.g., pounds sulfur dioxide per**'SI~~~fgi~~fgEQ** 

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mal units or pounds ofvolatile organic compounds perweight ofsolids applied);
V.C.15.b. Average hourly capacity utilization (CU) e.g., millions of British thermal units per hour orweight ofsolids applied per hour; and
V.C.15.c. Numberof hours ofoperation (H) during the relevant time period i.e., baseline emissions= ER x CU x H. Net baseline emissions for a bubble are the sum ofthe baseline emissions ofall sources involved in the trade.
V.D. Procedure for Certification of Emissions Reductions and Approval ofTransactions
V.D.1. The owner or operator ofa source may requestthe Division to certify any emissions reduction anticipated to occurafterthe effective date ofthis section, provided the owner or operatorfiles his application priorto the occurrence ofthe reduction, at a time atwhich the source is emitting the baseline emissions ofthe subject pollutant Sourcesthat shutdown priorto the application to bank ortrade have zero emissions, and therefore no credit is available.
V.D.2. Upon receiving an application for certification, the Division may require the applicant to submit all data and calculations necessaryto verify the baseline emissions orthe reduction ofemissions belowthe base level including, but not limited to, documentation ofoperating hours and inputs. The Division may also require the applicant to perform source tests to establish the baseline emissions orthe reduction ofemissions below the baseline emissions. The Division shall notcertify reductions anticipated to occur afterthe effective date ofthis regulation until the reductions have occurred and been verified.
V.D.3. The Division shall maintain an emissions reduction registry, in which it shall maintain a record ofall certified emissions reductions, and ofthe use ofcertified emissions reductions in emission credittransactions. The information contained in such registry shall includethe name and address ofthe owner or operatorofthe source creating the emissions reduction, the location ofthe source, its stack parameters, the temperature and velocity of its plume, particle size, the existence ofany hazardous pollutants, daily and seasonal emission rates, and any other data that might reasonably be necessaryto evaluatefuture use. V.D.4. Ifthe Division determines that certification should be granted it shall modify the permit ofthe applicantto provide thatthe allowable emissions are equal to the level of currentemissions utilized in the calculation ofthe emissions reduction. The owneror operatorofa source not required to obtain a permit by provisions of law otherthan this section shall be required to apply for and accept a permitas a condition of obtaining a certified emissions reduction. Such permits shall contain only those conditions necessaryto ensurethe enforcement ofthe emissions limitations applicable to the source as a result ofcertification of its emissions reduction.
V.D.5. The amount ofthe emissions reduction to be certified and entered in the registry shall be calculated as follows:



### 5 

### CCR 1001-5 V.D.5.a. For any emissions reduction that has occurred in an attainment or attainment/maintenance area, the amount ofthe certified emissions reduction shall be 90 percent ofthe amount by which emissions have been reduced below the baseline emissions.



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V.D.S.b. For any emissions reduction that has occurred in a nonattainmentarea, the amount ofthe certified emission reduction shall be 80 percent ofthe amount by which emissions have been reduced belowthe baseline emissions. V.D.S.c.For bubbles in nonattainment areas that need, but lack, approved demonstrations ofattainment, i.e., areas with unapproved state implementation plans, a greater discount may be taken. This discountwill be based on the area's total baseline emissions, the target emissions for attainment, the emissions forthe projected attainmentyearand the reductions needed to achieve attainment. These values are dynamic and so the discountvalue may change from yearto year but will never be less than 20 percent. These transactions will require a state implementation plan revision.
V.D.6. An application may be filed for approval ofthe use ofa certified emissions reduction in an emissions credit transaction simultaneously with the filing ofa certification application, orwithin seven years after certification has been granted. Ifthe transaction would require the modification ofpermits held by more than one person, the application shall bejointly submitted by all potentially affected permittees. The Commission shall determinewhetherto approve all bubble and alternative compliance method transactions, or any offsettransactions that, pursuant to Section V.H., require a state implementation plan revision. The Division shall determine whetherto approve all netting transactions, or any offsettransactions forwhich no state implementation plan revision is required. The Commission may approve the use ofa certified emissions reduction credit as an alternative compliance method in lieu ofa specified control technique guidance method or reasonable available control technology.
V.D.7. Applications for certification ofemissions reductions and approval oftransactions shall be made on forms provided by the Division. Any source applying for approval of an alternative compliance method transaction shall submitto the Division a construction permit application in accordance with Regulation Number3, Part 8, Section Ill. for the construction or modification, reflecting the source and proposed use ofthe emissions credit. The application shall contain information sufficientto demonstrate that the criteria setforth in Section V.F. ofthis PartA are metas well as the criteria for approval ofthe state implementation plan revision. The Division shall review the application and prepare its preliminary analysis in accordance with Regulation Number 3, Part 

### 8, Section 

### 111.8. The source requesting approval for the transaction and the state implementation plan revision should be granted, and shall provide with its petition, a copy ofthe preliminary analysis ofthe Division. The Division shall not grant initial approval ofany such application until the Commission has approved the transaction, the source has metthe conditions placed on the transaction by the Commission, and the requirements ofall otherapplicable regulations are met.
V.D.8. Where the owneroroperator ofa source requests a state implementation plan revision pursuant to this Section V., the Commission shall seta hearing on the proposed revision to be held in accordance with the procedures setforth in Colorado Revised Statutes Section 25-7-119. With respectto applications for certification ofemissions reductions, or for approval ofany netting transactions, or offset transactions within the Division'sjurisdiction under Section V.H.2., the same time limitations for emission permits as found in Part 

### 8 Section 

### 111.8. ofthis regulation shall apply.
V.D.9. Applicants for certification ofan emissions reduction, orfor approval ofany emission credittransaction, shall be assessed fees fortime spent by Division personnel in evaluating such applications in accord with the criteria for assessment ofemissions permitfees set forth in Section VI.C. ofthis Part

### A. Where more than one person applies for approval ofa transaction, all such persons shall bejointly liable for the fees assessed. Applicants shall be responsible for paying such fees**regg~~f§s,ded**
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whetherthe Division approves ordenies an application. The costs of Division review ( of any emissions modeling or other information necessaryforthe Division to formu- i late recommendations to the Commission regarding any proposed emission credit transaction shall be included in the costs attributed to the permitapplication forthe source(s) seeking approval ofthe transaction and shall be paid by the source regardless ofwhetherthe emission credit transaction is approved.
V.D.10. The state shall not utilize a certified emissions reduction in making demonstrations of attainment, or reasonable further progress toward attainment ofthe National Ambient Air Quality Standards, within seven years afterthe date ofcertification, or atany time afteran application for use ofthe certified emissions reduction in a transaction has been approved. Where no application has been filed forthe approval ofthe use ofa certified emissions reduction within seven years after certification was granted, the state shall subsequently utilize the reduction in making demonstrations ofattainment, or reasonable further progress towards attainment ofthe National AmbientAirQuality Standards. This seven-year period shall be tolled during any time in thatthere is a pending application before the Division orthe Commission for approval ofa bubble, netting, or offsettransaction based on the certified emissions reduction.
V.D.11. Applications for approval oftransactions involving PM10 (fine particulates for Prevention ofSignificant Deterioration increment consumption), sulfur dioxide, carbon monoxide, lead, and oxides of nitrogen (where visibility impacts are ofconcern), shall be subjectto the following ambient air quality modeling requirements:
V.D.11.a. De minimis: In general modeling is not required to determine the ambientequivalence oftrades in which applicable net baseline emissions do not increase and in that the sum ofthe emissions increases, looking only at the increasing sources, 15 tons peryearfor PM10, 40 tons per year for sulfur ( dioxide, 1 00 tons per yearfor carbon monoxide, 40 tons peryearfor nitrogen oxide (where visibility impacts are ofconcern), or0.6 tons per yearfor lead, afterapplicable control requirements. For purposes of Prevention ofSignificant Deterioration any increase in PM10 should be modeled.
V.D.11.b. Level 1: In general, modeling to determine ambientequivalence is not required if: V.D.11.b.(i) The trade does not result in an increase in applicable net baseline emissions; V.D.11.b.(ii) The relevant sources are located in the same immediate vicinity (within 250 meters) ofeach other; V.D.11.b.(iii) An increase in baseline emissions does not occur atthe sourcewith the lowereffective plume height, as determined under the U.S. EPA approved and Division accepted guidelines, as interpreted in the Code of Federal Regulations Title 40, Subpart 52.343. V.D.11.b.(iv) No complex terrain is within the area ofsignificant impact (see Figure 1) ofthe trade or 50 kilometers, whichever is less; V.D.11.b.(v) Stacks with increasing baseline emissions are sufficiently tall to avoid possible downwash situations, as determined by good engineering practice; V.D.11.b.(vi) The trade does not involve open dust sources.



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V.D.11.c. Level II: Bubble trades that are neither De minimis nor Levell may nevertheless be evaluated for approval based on modeling to determine ambient equivalence limited solely to the impacts ofthe specific emission sources involved in the trade, if: V.D.11.c.(i) There is no increase in applicable net baseline emissions; V.D.11.c.(ii) Ifthe potential change in emissions before and afterthe trade will not cause a significant increase in pollutant concentrations at any receptorfor an averaging time specified in an applicable ambient air quality standard; and V.D.11.c.(iii) Such an analysis does not predict any increase in ambient concentrations in a Class I or Category Iarea. However, a bubble will not be approved under Level II where evidence clearly indicates the bubble would create a newviolation ofan ambient standard or Prevention ofSignificant Deterioration increment orwould delay the planned removal ofan existing violation. The change in concentration from the before-trade case to the after-trade case must, in general, be modeled using refined models for each appropriate averaging time for the relevant national ambient airquality standards for each receptor, using the most recent full year of meteorological data. Othertechniques may be approved where sources showthey equally well protect national ambient airquality standards, applicable Prevention ofSignificant Deterioration increments, and visibility. For example, in limited circumstances conservative screening models may be acceptable in lieu of refined models. In such cases, use ofa full year of meteorological data may not be necessary. Such screening models may be acceptable where: (A) the screening model shows that all the emissions from the stack(s) with increasing emissions would not produce exceedances ofthe Level II significance values; (B) the stack parameters atthe stack(s) with increasing emissions do not change; and (C) the screening model shows that the increase in emissions atthe increasing stack(s) would not produce exceedances ofthese significantvalues.
In determining significant impactfor Level II bubble trades, the Division will use the following significance values to identify trades whose potential ambient impact need not be further evaluated before approval: 8-micrograms/cubic meter (1Jg/m3) for any twenty-four hour period for PM10; 4-micrograms/cubic meter (1Jg/m3) for any annual arithmetic mean for PM10; 13-micrograms/cubic meter (1Jg/m3) for any twenty-four hour perioO for sulfur dioxide; 46-micrograms/cubic meter (1Jg/m3) for any three-hour period for sulfur dioxide; 3-micrograms/cubic meter (1Jg/m3) for any annual period for sulfur dioxide; 

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575-micrograms/cubic meter (1Jg/m3) for any eight-hour period for carbon monoxide; 2,300-micrograms/cubic meter (1Jg/m3) for any one-hour period for carbon monoxide;
0.1 micrograms/cubic meter (1Jg/m3) for any three-month period for lead. Exceptthat: V.D.11.c.(iii)(A) For offsettransactions, significant impact shall be determined by the values found in the table ofsignificant values in Section VI.D.2. of Part D ofthis regulation. V.D.11.c.(iii)(B) Only process fugitive emissions vented through stacks may be approved in a Level II analysis.
V.D.11.c.(iii)(C) Trades involving open dust sources may not be approved in a Level II analysis. V.D.11.c.(iii)(D) Trades involving complex terrain cannot be approved with a Level II analysis.
V.D.11.d. LEVEL Ill full dispersion modeling considering all sources affecting the trade's area of impact is required to determine ambient equivalence if applicable net baseline emissions will increase as a result ofthe trade, or if the trade cannot meet criteria for approval under De Minimis, Level I or Level II.
V.D.11.e. Approved Models: Modeling: Only U.S. EPA-approved models may be used in banking transactions. Use ofnon-guideline models will be allowed once they have been approved according to the requirements ofSection VIII.A.1. of PartA ofthis regulation.
V.D.12. Following the certification ofan emissions reduction, ifthe Division determines that certification was granted on the basis offraud or material misstatement or omission, the Division shall revoke certification ofthe reduction. Certification shall be revoked only afterthe owners or operators ofthe affected sources have received notice and, if requested, a hearing has been conducted. In such cases the Division shall also modifythe permit ofthe source that has used the emissions reduction, so thatthe permitwill contain all conditions thatwould have applied ifthe emissions reduction had not been certified initially.
V.E. Criteria for Certification of Emissions Reductions
An emissions reduction shall be certified for use in an emission credittransaction, provided it meets the following criteria:
V.E.1. The emissions reduction shall be surplus. Surplus reductions are those below the baseline emissions. The baseline emissions shall be determined as follows:



### 5 CCR 1001-5 V.E.1.a.ln attainment and attainment/maintenance areas, the baseline emissions shall be a source's actual emissions ofthe subject pollutant, or allowable emissions whichever is lower, for the three baseline factors. Reasonably Available Control Technology shall be as setforth in the State implementa

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tion plan forthe source. Where Reasonably Available Control Technology has not been determined in the state implementation plan forthe source, it shall be determined by the Division.
V.E.1.b.ln nonattainment areas for which there is a demonstration ofattainmentof the National AmbientAir Quality Standards approved by the U.S. EPAthe baseline emissions shall be actual emissions, provided, however, the baseline emissions shall not exceed reasonably available control technology as defined in the state implementation plan orthe level ofemissions used bythe state in making a demonstration ofattainment.
V.E.1.c.ln nonattainmentareas for which there is not a demonstration ofattainment of National Ambient Air Quality Standards approved by the U.S. EPA, the baseline emissions shall be the lowerof: 1) the actual emissions, 2) allowable emissions underthe state implementation plan or 3) allowable emissions ifthe source is subjectto Reasonably Available Control Technology.
V.E.1.d.Emission rate, capacity utilization and hours ofoperation must be used to compute pre-trade and post-trade emission levels. Baseline must be established on an annual basis and for all otheraveraging periods consistent with the relevant National AmbientAir Quality Standards and Prevention ofSignificant Deterioration increments.
V.E.2. No emissions reduction shall be certified ifthe Division has relied upon the occurrence ofthe reduction in demonstrating attainment ofthe National AmbientAirQuality Standards or reasonable further progress towards attainment, or in establishing a baseline concentration.
V.E.3. Each certified reduction ofa pollutant's emissions shall be quantified in the same unit of measurement used in the standard or regulation applicable to the pollutant.
V.E.4. In attainment and attainmenUmaintenance areas, reductions at majorstationary sources that commenced construction afterJanuary 1, 1975 may be able to qualify forcredit whether such reductions occurred before orafterthe Prevention ofSignificant Deterioration baseline triggering date. Other emission reductions (e.g., at minor sources) cannot qualifyfor creditwhere the Prevention ofSignificant Deterioration baseline date is or has been triggered and such reductions occurred priorto the triggerdate, unless these reductions are not assumed in the Prevention ofSignificant Deterioration baselines. Since banked emission reduction credits must be considered to be "In the Air" for all planning purposes, ifthe baseline date is triggered before banked credits are actually used, such banked credits will be considered as part ofthe baseline and will not consume incrementwhen used in an emissions trade.
In attainment and attainmenUmaintenance areas where the Prevention ofSignificant Deterioration baseline has not been triggered as ofthe date the permitting authority takes relevant final action on the trading transaction, reductions below current state implementation plan or permit limits generally may be used without special restrictions in bubble or banking transactions, provided they are otherwise creditable and there is assurancethat National Ambient Air Quality Standards will not be violated dueto any potential increase in actual emissions. However, reductions at sources otherthan major stationary sources on which construction commenced before January 1, 1975 may not be used to balance increases at such pre 1975 majorsources. V.E.5. Emission reductions achieved by shutting down an existing source or curtailing pro**ductio~** oroperating hours below.**~aseline** levels may be generally**~<if~~~~.ql;l,**,-! reductions are permanent, quant1f1able, and federally enforceable,**and'ff'ffi~'"aYea** has



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an U.S. EPA-approved attainmentplan. In addition, the shutdown or curtailment is 1 creditable only if it occurred on or afterthe date specified forthis purpose in the plan, \ and ifsuch date is on or afterthe date ofthe most recent emissions inventory used in the plan's demonstration ofattainment. Where the plan does not specify a cutoff date for shutdown credits, the date ofthe most recent emissions inventory or attainmentdemonstration, as the case may be, shall apply. However, in no event may credit be given for shutdownsthat occurred priorto August 7, 1977. For purposes of this section a permitting authority may choose to consider a prior shutdown orcurtailmentto have occurred afterthe date of its most recent emissions inventory, ifthe inventory explicitly includes as current existing emissions the emissions from such previously shutdown orcurtailed sources. V.E.5.a.Such reductions may be credited in the absence ofan approved attainment demonstration only ifthe shutdown or curtailment occurred on or afterthe datethe newsource permit application is filed, or, ifthe applicant can establish thatthe proposed newsource is a replacementforthe shutdown orcurtailed source, and the cutoffdate provisions ofSection A, above, are met.
V.E.6. No emission reduction credits are allowed from mobile sources unless those sources are subjectto ambient impactand new source review permitting.
V.E.7. Reductions down to compliance levels may not qualify for emission reduction credit.
V.E.B. Ifan existing source commits to switch to a cleanerfuel at some future date, emission reduction credit is allowable only if a permit is conditioned to require use ofa specified alternative control measure thatwould achievethe same degree ofemission reduction should the source switch back to a dirtierfuel at some laterdate. The Division will ensure that adequate long-term supplies ofthe new fuel are available be- ( fore granting the reduction credit.
V.E.9. Emission reductions otherwise required by the Federal Act shall not be creditable as emission reductions. Incidental emission reductions that are nototherwise required by the Federal Act are creditable as emission reductions ifsuch emission reductions meetthe requirements ofSection V. of Part D ofthis regulation, ifapplicable and this Section V.
V.E.10. The total tonnage of increased emissions, in tons peryear, resulting from a major modification that must be offset in accordance with Section 173 ofthe Federal Act shall be determined by summing the difference between the allowable emissions (as defined in Section 

### I.B.7. ofthis part) afterthe modification and the actual emissions (as defined in Section II.A.1. of Part D) before the modification for each emissions unit.
V.F. Criteria forApproval ofall Transactions
The use ofan emissions reduction in an emission credittransaction shall be approved only if it meets the following criteria:
V.F.1. The transaction shall involve like pollutants. Fortoxic orvolatile organic compound pollutants, the trade should involve the same degrees oftoxicity or photochemical reactivity or else a greater reduction may be required. Newor modified major sources ofa PM10 precursorcan only obtain offsets from emissions reductions in that same PM10 precursor or in PM10. New or modified majorsources of PM10 can only obtain offsets from emissions reductions in PM10. The offsets must be greaterthan one



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for one and represent a net air quality benefit in the area the source is proposing to locate or modify. (See exception in Section V.H.B.)
V.F.2. No transaction shall be approved if it will result in an increased concentration, at the point of maximum impact, of hazardous air pollutants.
V.F.3. Where a significant fraction ofa criteria pollutant stream has been listed as hazardous by the Commission under Regulation Number8 orthe U.S. EPA under United States Code, Title 42, Section 7412 but has not yet been regulated, emissions containing that pollutant from sources within two hundred and fifty meters ofeach other may only be traded against each other on a greaterthan one for one basis that assures a net decrease in emissions ofthe hazardous pollutant.
V.F.4. Hazardous and non-hazardous emissions ofthe same criteria pollutant may be traded against each other, provided the total emissions containing the hazardous pollutantfrom the sources involved in the transaction are required to decrease as a result ofthe transaction.
V.F.5. No transaction may be approved that is inconsistentwith any standard established by the Federal Act, the state Act orthe regulations promulgated undereither, orto circumvent New Source Performance Standards requirements or BestAvailable Control Technology although the Commission may approve a transaction using a certified emissions reduction credit in lieu ofa specified control technique guidance method or reasonably available control technology.
V.F.6. No transaction shall be approved unless either:
V.F.6.a.The source atwhich the emissions reduction occurred and the source using the emissions reductions are in the same nonattainmentarea or Prevention of Significant Deterioration baseline area; or V.F.6.b.The emissions reduction is to be used as an offsetto meetthe requirements ofSection V.A.3. of Part D ofthis regulation, and the conditions ofthat section are metforthe use ofan offset obtained from a source outside the nonattainment area. V.F.7. Emission reduction credits may not be used to meetapplicable technology based requirements for newsources such as New Source Performance Standards, Best Available Control Technology, or LowestAchievable Emission Rate, although the Commission may approve a transaction using a certified emissions reduction credit in lieu ofa specified control technique guidance method or reasonably available control technology.
V.F.B. Trades Involving Open Dust: Sources ofparticulate emissions may be approved through case by case state implementation plan revisions based on modeled demonstrations ofambient equivalence. Sources proposing such trades must commit, as part ofthe trade's approval, to:
V.F.B.a. Undertake a post approval monitoring program to evaluate the impact oftheir control efforts, and
V.F.B.b. Make further enforceable reductions if post trade monitoring indicates initial open dustcontrols do not prod!J...Ce the predicteq airquality results. 

## "uperseded

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V.F.9. The federal land manager must be notified ifan emissions trade will take place within ( one hundred kilometers ofa Prevention of Significant Deterioration Class I area. Notification mustoccurearly enough in the review process to allow at least thirty days forthe submittal ofcomments before the trade will be approved by the reviewing authority.
Where a bubble within fifty kilometers ofa Prevention ofSignificant Deterioration Class I area is submitted as a case-by-case state implementation plan revision, the Division may call foradditional technical support, beyond the applicable requirements ofthe modeling screen ifdeemed necessaryto protectairquality in the Class I area. V.F.10. Effect on Trades ofSubsequently-Discovered Clean AirAct Problems: Revisitation Considerations

- Ifambientviolations are discovered in an area where the Division has approved a trade, or ifotherviolations ofthe act are discovered in that area, sources in the trade should be aware thatthey are potentially subjectto requirements for additional emission reductions, justas are all other sources in the area. V.F.11. Forvolatile organic compound and nitrogen oxide trades, pound for pound tradeswill be considered equal in ambient effectwhere all sources involved in the trade are in the same control strategy demonstration area (nonattainmentarea) or ifoutside that area are sufficiently close to show an equal effect.
V.F.12. Forvolatile organic compound trades involving surface coating, the emissions must be calculated on a solids applied basis and should specify the maximum time period overwhich the emissions may be averaged, not to exceed twenty-four hours.
V.F.13. The following trades require a state implementation plan revision:



### 5 

### CCR 1001-5 V.F.13.a. PM10, sulfur dioxide, carbon monoxide or lead trades requiring fullscale dispersion modeling under Level Ill;
V.F.13.b. PM10, sulfurdioxide, carbon monoxide or lead trades where complex terrain is within the area ofthe source's significant impact orfifty kilometers, whichever is less, unless the trade does not result in a modification of effective stack heights and the trade otherwise qualifies as De minimis or Level I. The area ofsignificant impactcan be determined from Figure 1;
V.F.13.c. Open DustTrades;
V.F.13.d. Level II trades involving processfugitive PM10, sulfur dioxide , carbon monoxide or lead emissions notdischarged through stacks;
V.F.13.e. Trades involving Emission Reduction Credits from mobile sources (see Section V.E.7.);
V.F.13.f. Trades involving sourcesthat are subject ofa notice ofviolation (NOV), noncompliance penalty action orthe filing ofajudicial complaint; V.F.13.g. Interstate trades;
V.F.13.h. Volatile organic compound trades with averaging times longerthan twenty-four hours;
V.F.13.i. Trades involving work practice and equipment standards;



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V.F.13.j. Trades involving negotiated Reasonably Available Control Technology baselines;
V.F.13.k. Trades affecting areas that need but lack approved demonstrations ofattainment.
V.F.13.1. Emission credit transactions used as an alternative compliance method.
V.F.14. No emission credittransaction shall be approved unless the terms ofthetransaction are incorporated in permits applicable to the originating (as applicable) and receiving emissions sources. V.F.15. Emission credit transactions that require a state implementation plan revision shall be considered by the Commission on a case-by-case basis. The source requesting approval ofthe transaction hasthe burden ofdemonstrating that all the criteria ofthis Section V.F., are met and ofdemonstrating that all applicable requirements for approval ofthe state implementation plan revision has been met. V.G. Bubble Transactions V.G.1. An owner or operatorofan existing source may apply to the Commission for approval ofa state implementation plan revision establishing a bubble. The bubble shall establish new emissions limitations fortwo or morefacilities oroperations within the source. V.G.2. The Commission shall not approve a bubble unless it meets the criteria for approval of Section V.F., and the Division has first certified an emissions reduction at afacility or operation included in the bubble. V.G.3. As part ofthe certification process, the amount ofallowable emissions shall be reduced atthe facility or operation where the emissions reduction has occurred in accord with Section V.D.5. As partofthe bubble approval, the Commission may approve an increase in the total allowable emissions atthe otherfacilities oroperations covered by the bubble, by an amount notto exceed the amountofthe subject certified emissions reduction. V.G.4. As part ofthe bubble approval, the Commission may extend compliance deadlines otherwise required by Commission regulations forvolatile organic compounds orcarbon monoxide emissions, provided the following criteria are met: V.G.4.a. The applicant must demonstrateto the satisfaction ofthe Commission that reasonable further progress toward the attainment ofthe National AmbientAir Quality Standards underthe state implementation plan shall be maintained either by: V.G.4.a.(i) Achievement ofemissions reductions earlierthan otherwise required by certain facilities oroperations covered by the bubble; or V.G.4.a.(ii) Temporary use ofa certified emissions reduction to assure reasonable further progress toward attainment ofthe National AmbientAir Quality Standards. V.G.5. Ifsubsequent to the approval ofa bubble, the Commission prom.!J.!gates new regulations or amends existing regulations applicable to a source for

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been approved, the source shall be required to meetthe new oramended regulations, irrespective ofthe bubble, by eitherfurther reducing emissions or using certified emissions reductions as offsets. V.G.6. Bubble applications in areas that require but lack approved demonstrations ofattainment, i.e., non approved state implementation plans, must be accompanied by assurances ofconsistency with ambient progress and air quality planning goals specified below: V.G.6.a. The resulting emission limits comply with the reduction requirements ofSection V.D.S.c., and the baseline requirements ofSection V.E.; V.G.6.b. The bubble emission limits will be included in any new state implementation plan and associated control strategy demonstration; V.G.6.c. The bubble will not constrain the Division's ability to obtain any additional emission reductions needed to expeditiously attain and maintain ambient air quality standards; V.G.6.d. The Division is making reasonable efforts to develop a complete approvable state implementation plan and intendsto adhere to the schedule for such development (including dates for completion ofemission inventory and subsequent increments ofprogress) stated in orwith the letterformally submitting the bubble. V.G.7. Bubbles should not increase applicable net baseline emissions. Ordinarily, bubbles may not result in an increase in applicable net baseline emissions. Such a bubble would require a case-by-case state implementation plan revision, and may only be approved based upon a combined Level Ill and Level II modeling analysis (i.e., an analysis sufficientto show that all applicable requirements ofa full LevellII analysis are met, and thatthe bubble would not result in any exceedance ofsignificance values specified for a Level II analysis at any receptorfor any averaging time specified in an applicable ambient air quality standard). V.G.8. Bubbles should not increase emissions of hazardous ortoxic air pollutants.
V.H. OffsetTransactions
V.H.1. The owner or operatorofa source atwhich an emissions reduction has occurred, and the owner oroperator ofanother source who wishes to use the emissions reduction as an offset, may apply for approval ofan offsettransaction. In such transactions certified emissions reductions may be applied to avoid causing aviolation ofan increment in an attainment orattainment/maintenance area, or to meet the requirements ofSection V.A.3. of Part D ofthis regulation. A certified emissions reduction may not be used as an offsetfor the purpose ofcomplying with an existing applicable emissions control regulation, except for Reasonably Available Control Technology.
V.H.2. The Division shall determine whetherto approve an offsettransaction in the following cases: V.H.2.a. Where the source using the emissions reduction would be allowed to increase emissions by less than one hundred tons per year. V.H.2.b. Where the transaction involves volatile organic compounds oroxides of nitrogen emissions.



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### V.H.2.c.Where the transaction involves sulfur dioxide, PM10 or carbon monoxide emissions, and all sources involved in the transaction are within two hundred and fifty meters ofone another.
V.H.3. Any proposed offsettransaction, otherthan those referred to in Section V.H.2., shall be treated as a requestto the Commission for a state implementation plan revision.
V.H.4. Sources of PM10 precursors, sulfur dioxide, nitrogen oxide and carbon monoxide must seek offsets within reasonably close proximity. Sources of nitrogen oxide and volatile organic compounds may seek offsets over a greater area. However, for widely dispersed and volatile organic compound trades, a higheroffset may be required. V.H.S. Ifthe applicant has used his best efforts in seeking the required emission offsets but was unsuccessful, the source may petition for use ofsome portion ofgrowth allowance. The petition muststate the emission increase will not interfere with Reasonably Further Progress and the petitioner is willing to enter into an enforceable program to provide the required emission offset at somefuture time.
V.H.6. In the absence ofan approved attainment demonstration, banked Emission Reduction Credits from shutdowns orcurtailments may be used for offsets only ifthe criteria stated in Section V.E.S.b. of PartA ofthis regulation are met.
V.H.7. In nonattainment areas with approved demonstrations, banked Emission Reduction Credits may be used for offsets in any trade provided the criteria stated in Section V.E.S.a. of PartA ofthis Regulation are met.
V.H.B. lnterpollutantoffsets (otherthan those offsets discussed above) may be approved by U.S. EPA on a case-by-case basis provided thatthe applicant demonstrates, on the basis of U.S. EPA-approved methodswhere possible, thatthe emissions increases from the new or modified source will not cause or contribute to aviolation ofan ambient air quality standard. A source's permit application that includes such an interpollutantoffset proposal shall not be approved by the Division until there has been an opportunity for public hearing on the proposed emissions trade and until written approval has been received from the U.S. EPA
V.I. Netting Transactions
V.l.1. Netting may exempt modifications ofexisting major sources from certain preconstruction permit requirements under new source review, so long as there is no significant netemission increase, as net emissions increase is defined in Section II.A.27. of Part D ofthis regulation. By netting out, the modifications is not considered major and therefore not subjectto pre-construction permit requirements for major modifications as follows:
V.l.1.a. Section VI. of Part D ofthis regulation, for prevention ofsignificant deterioration;
V.l.1.b. Visibility analysis; and
V.l.1.c. Section V.A. of Part D ofthis regulation, for nonattainment new source review.
V.l.2. The Division shall grant such an exemption ifthe emissions**reduc$u~~.§an** 

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V.E., for certification, and the difference between the amount ofthe certified emissions reduction, and the amount of new pollutants to be emitted from the new or modified facility, does not constitute a significant increase ofpollutants.
V.l.3. An increase ofpollutants shall be considered significant if it equals orexceeds the amounts specified in the definition ofsignificant in Part D ofthis regulation. 

### VI. Fees
VI.A. General
VI.A.1. Every person required to obtain a Construction or Operating Permit orto file an Air Pollution Emission Notice shall pay fees as set forth in the following sections. Such fees shall be charged to recoverthe direct and indirect costs incurred by the Division in processing permit applications, issuing permits, and in conducting a compliance monitoring and enforcement program. Such fees shall apply without regard to whethera permit is issued, denied, withdrawn, or revoked. Fees shall be charged as indicated in SectionVI.D. ofthis part.
VI.B. Permit Processing Fees
VI.8.1. Applicants for a permit shall be assessed total fees that shall be partially determined at the time that the Division makes its decision whetherto issue preliminary approval ofthe permit and partially atthe time the Division makes its decision whetherto issue final approval.
VI.B.2. The partial fee collected at the time the Division makes its decision whetherto issue 

### (

preliminary approval ofthe permit shall include the costs associated with the prelimi- ( nary engineering evaluation, modeling, and analysis of impacton ambient air quality, notice and publication requirements, and such other costs as are required forthe aforementioned activities incurred by the Division up to the time ofthe decision of whetherto issue preliminary approval.
VI.B.3. The final fee collected atthe time the Division makes its decision ofwhetherto issue final approval shall include the balance ofthe total ofall costs associated with enforcement ofany terms and conditions ofthe emission permit, the supervision of compliance testing, notice and publication requirements, and such othercosts as are required for the processing, issuance, and administration ofthe permit.
VI.B.4. Ifthe Division requires more than thirty hours to process an application, the Division shall inform the owner or operator ofthe source and provide an estimate ofwhatthe actual charges may be, priorto commencing with processing ofthe application, unless the owner or operatorwaives this requirement in writing.
VI.B.S. All permit processing fees assessed must be received within thirty days ofthe date of receipt ofthe written requesttherefore. All fees collected underthis regulation shall be made payable to the Colorado Departmentof Public Health and Environment. Construction permits shall not be issued until all such assessed fees have been paid. Permits issued in accordance with Part C ofthis regulation may be issued upon approval by the Division ofa fee payment schedule.
VI.C. Annual Emissions Fees VI.C.1. As used in this Section VI., in accordance with Colorado Revised Statute Section 25- 7-114.7, regulated air pollutant means:

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VI.C.1.a. A volatile organic compound;
VI.C.1.b. Each hazardous air pollutant;
VI.C.1.c. Each pollutant regulated under Section 111 ofthe Federal Act (New Source Performance Standards); and
VI.C.1.d. Each pollutantfor which a National AmbientAir Quality Standard has been promulgated, exceptfor carbon monoxide.
VI.C.1.e. Each pollutant regulated under Section 25-7-109 ofthe state Act.
VI.C.1.f. The term regulated air pollutant does not include fugitive dust as defined in Section 1.8.20. ofthis PartA, orany fraction thereof.
VI.C.2. Every owner oroperator ofan air pollution source required to file an Air Pollutant Emission Notice shall pay a nonrefundable annual emissions fee as setforth in Section VI. D.2. ofthis part. VI.C.3. All annual emissions fees assessed must be received within sixty days ofthe date of issuance ofthe written requesttherefore. All fees collected underthis regulation shall be made payable to the Colorado Department of Public Health and Environment. VI.C.4. In no event shall an owner oroperator ofa source pay morethan afee based upon total annual emissions offourthousand tons ofeach regulated air pollutant per source. VI.D. Fee Schedule
VI.D.1. Annual and permit processing fees shall be charged in accordance with and in the amounts and limits specified in the provisions ofColorado Revised Statutes Section 25-7-114.7. Annual fees for regulated pollutants shall be $17.97. Annual fees for hazardous air pollutants shall be $119.96.
VI.D.2. Air Pollutant Emission Noticefiling fees shall be charged in accordance with and in the amounts and limits specified in the provisions ofColorado Revised Statutes Section 25-7-114.1.
VII. Confidential Information or Data Contained in Air Pollutant Emission Notices, Permit Applications, or Reports Submitted Pursuantto Part C, Section V.C.6.
VII.A. Upon written request to the Division, any person filing an Air Pollutant Emission Notice or permit application, or submitting reports pursuantto Regulation Number3, Part C, Sections V.C.6. orV.C.7., may requestthat information contained in such an Air Pollutant Emission Notice, permitapplication, or report relating to secret processes or methods of manufacture or production be kept confidential. The written request must identify the basis forthe claim that the information relates to secret processes or methods of manufacture or production. All information claimed as confidential must be segregated from the rest ofthe Air Pollutant Emission Notice, permit application, or reportwhen submitted, with each page clearly marked as "Confidential," "Trade Secret," or other similar marking.
VII.B. The Division will evaluate confidentiality claims based on the written request.**(h~,q~p~g,g:** 

# d establishing thatthe information relates to secret processes or methods ofmah{J'rl:Mftffe'& 

### 3 production is on the claimant. Emission data, as defined in Colorado Revised**S~qtes** SEl[(JOS

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tion 25-7-103(11.5), shall not be entitled to confidential treatment notwithstanding this Section VII., orany other lawto the contrary. In no event shall an Operating Permit orthe compliance certifications submitted pursuantto Section 111.8.8. ofPart C ofthis Regulation Number3 be entitled to confidential treatment. Ifthe Division determines that information requested to be kept confidential is not entitled to confidential treatment, it shall provide written notice ofthis determination at leastthree working days prior to making such information available to the public.
VII.C. A request for confidential treatment ofinformation ordata submitted to the Division shall be deemed a limited waiver by the applicant ofthe time constraints contained in Section 111.8. of Part 8, or Section IV. of Part C ofthis regulation. Therefore, any delay in the processing ofa permit application resulting from the Division's being required to give notice under Section Vll.8., hereof, shall not be considered in determining whetherthe time constraints set forth in this regulation have been met.
VIII. Technical Modeling and Monitoring Requirements
VIlLA Air Quality Models
VIII.A.1.AII estimates ofambient concentrations required underthis Regulation Number3 shall be based on the applicable airquality models, databases, and other requirements generally approved by U.S. EPA and specifically approved by the Division.
Ifa non-U.S. EPA approved model, such as a wind tunnel study, is proposed, the nature and requirements ofsuch a model should be outlined to the Division ata preapplication meeting. The application will be deemed incomplete until there has been 

# (

an opportunity for a public hearing on the proposed model and written approval ofthe 

# c· U.S. EPA has been received.
VIII.B. Monitoring
VIII.8.1.AII monitoring must be performed in accordance with U.S. EPA accepted procedures as approved by the Division.
VIII.8.2.An owner or operator may submit a monitoring program for a proposed source or modification to the Division for review. Within sixty days aftersuch submittal, the Division shall:
VIII.B.2.a. Approve the monitoring program; or Vlll.8.2.b. Specify the changes necessaryfor approval; otherwise, the monitoring program shall be deemed approved. VIII.C. Stack Heights
This regulation sets limits for the maximum stack height credit to be used in ambient airquality modeling for the purpose ofsetting an emission limitation and calculating the airquality impact ofa source. It does not limitthe actual physical stack height for any source. The following shall not be considered in determining whetheran emission limitation is met: VIII.C.1. Stack height in excess ofgood engineering practice; or VIII.C.2. Any other dispersion technique exceptthatthe provisions ofthis Section



### 5 CCR 1001-5 VIII.C. shall not apply to stack heights in existence ordispersion techniques implemented before December 31, 1970. Sourcesthat were constructed, reconstructed,



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orforwhich major modifications were carried outafter December 31, 1970, and that are emitting pollutants from such stacks, or using such dispersion techniques, shall be subject to the provisions ofthis section.
VIII.D. Definitions as used in Section VIII.C.
VIII.D.1.

VIII.D.2. Stack in existence means thatthe owner or operator had:
VIII.D.1.a. Begun, or caused to begin, a continuous program ofphysical on site construction ofthe stack; or VIII.D.1.b. Entered into binding agreements or contractual obligations that could not be cancelled or modified without substantial loss to the owner oroperator, to undertake a program ofconstruction ofthe stackto be completed in a reasonable time. Dispersion Technique means any technique that attempts to affectthe concentration ofa pollutant in the ambient air by using that portion of a stack that exceeds good engineering practice stack height, varying the rate ofemission ofa pollutant according to atmospheric conditions or ambient concentrations ofthat pollutant, or by increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, orcombining exhaustgases from several existing stacks into one stack; or other selective handling ofexhaust gas streams so as to increase the exhaust gas plume rise. The preceding sentence does not include:
VIII.D.2.a. The reheating ofa gas stream, following use ofa pollution control system, forthe purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;
VIII.D.2.b. The merging ofexhaust gas streams where: VIII.D.2.b.(i) The source owner or operatordemonstrates thatthe facility was originally designed and constructed with such merged gas streams; VIII.D.2.b.(ii) After July 8, 1983, such merging is partofa change in operation atthe facility that includes the installation ofpollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition ofdispersion techniques shall apply only to the emission limitation forthe pollutantaffected by such change in operation; or VIII.D.2.b.(iii) Before July 8, 1985, such merging was part ofa change in operation atthe facility that included the installation ofemissions control equipment orwas carried out for sound economic orengineering reasons. Where there was an increase in the emissions limitation or, in the eventthat no emission limitation was in existence priorto the merging, the reviewing agency shall presume that merging was significantly motivated by an intentto gain emissions credit for greater dispersion.
Absent a demonstration by the source owneror operatorthat merging was not significantly motivated by such intent, the reviewing agency shall deny creditfor the effects ofsuch merging in calculating the allowable emissions for the source; · 

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VIII.D.3.

VIII.D.4.



### 5 CCR 1001-5 31 CR 4, 04-08

VIII.D.2.c. Smoke management in agricultural orsilvicultural prescribed burning programs; VIII.D.2.d. or Episodic restrictions on residential wood burning and open burning;

VIII.D.2.e. Techniques that increase final exhaust gas plume rise where theresulting allowable emissions ofsulfurdioxide from the facility do not exceed five thousand tons per year. Good Engineering Practice Stack Height means the greaterof:
VIII.D.3.a. 65 meters; or VIII.D.3.b. For stacks in existence on January 12, 1979 and forwhich the owner or operator had obtained all applicable pre-construction permits or approvals required, Hg = 2.5H, provided the owneroroperator produces evidence that this equation was actually relied on in establishing an emission limitation; and
VIII.D.3.c. Forall other stacks, Hg = H + 1.5Lwhere: VIII.D.3.c.(i) Hg =good engineering practice stack height measured from the ground level elevation atthe base ofthe stack; VIII.D.3.c.(ii) H = height of nearby structure(s) measured from the ground level elevation at the base ofthe stack; VIII.D.3.c.(iii) L = lesser dimension (height or projected width) of nearby structure(s) provided thatthe reviewing agency may require the use ofa field study orfluid model to verify Good Engineering Practice stack heightforthe source; or VIII.D.3.d. The height demonstrated by a fluid model or afield study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations ofany air pollutant as a result ofatmospheric downwash, wakes, oreddy effects created by the source itself, structures, orterrain obstacles. Nearby as applied to good engineering practice is:
VIII.D.4.a. For purposes ofapplying the formulae provided in Sections VIII.D.3.b. and VIII.D.3.c. in the definition ofgood engineering practice stack height means that distance up to five times the lesserofthe height orthe width dimension ofa structure, but not greaterthan 0.8 kilometers (1/2 mile), and
VIII.D.4.b. Forconducting demonstrations in Section VIII.D.3. in the definition of good engineering practice means not greaterthan 0.8 kilometers (1/2 mile), exceptthatthe portion ofa terrain feature may be considered to be nearby that falls within a distance of up to ten times the maximum height ofthe feature, notto exceed two miles ifsuch feature achieves a height 0.8 kilometers from the stack that is at leastforty percent ofthe good engineering practice stack height determine by the formula ortwenty-six meters, whichever is greater.



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VIII.D.5. Excessive concentrations for the purpose ofdetermining good engineering practice, stack height in a fluid model or field study, means: VIII.D.S.a. For sources seeking credit for stack height exceeding that established by the formulae, a maximum ground level concentration due to emissions from a stack due in whole or partto downwash, wakes, and eddy effects produced by nearby structures or nearbyterrain features that individually is at leastforty percent in excess ofthe maximum concentration experienced in the absence ofsuch downwash, wakes, oreddy effects and that contributes to a total concentration due to emissions from all sources that is greaterthan an ambient air quality standard. For sources subjectto the prevention ofsignificant deterioration program, an excessive concentration alternatively means a maximum ground level concentration due to emissions from a stack due in whole or partto downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features that individually is at leastforty percent in excess ofthe maximum concentration experienced in the absence ofsuch downwash, wakes, oreddy effects and greaterthan a prevention ofsignificant deterioration increment. The allowable emission rate to be used in making demonstrations shall be prescribed by the new source performance standard that is applicable to the source category unless the owner oroperator demonstrates thatthis emission rate is infeasible. Where such demonstrations are approved by the Division, an alternative emission rate shall be established in consultation with the source owner or operator; VIII.D.S.b. For sources seeking credit after October 1, 1983 for increases in existing stack heights up to the heights established by the formulae, either: VIII.D.S.b.(i) A maximum ground level concentration due in whole or part to downwash, wakes or eddy effects as provided in Section VIII.D.S.a. above, exceptthat the emission rate specified by any applicable state implementation plan (or, in the absence ofsuch a limit, the actual emission rate) shall be used; or VIII.D.S.b.(ii) The actual presence ofa local nuisance caused by the existing stack, as determined by the Division; and VIII.D.S.b.(iii) For sources seeking credit afterJanuary 12, 1979 for a stack height determined using the formula, where the Division requires the use ofa field study orfluid model to verify good engineering practice stack height; for sources seeking stack height credit after November 9, 1984 based on the aerodynamic influence ofcooling towers; and for sources seeking credit after December 31, 1970 based on the aerodynamic influence ofstructures not adequately represented by the formulae: a maximum ground level concentration due in whole or partto downwash, wakes oreddy effectsthat is at leastforty percent in excess ofthe maximum concentration experienced in the absence ofsuch downwash, wakes oreddy effects.**~** 

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APPENDIX A
Method For Determining De Minimis Levels For Non-Criteria Reportable Pollutants


### The following procedures must be followed in orderto determine the appropriate de minimis (minimum) reporting level for each pollutant that is emitted from each emission point at a contiguous site. Ifyou do notwish to use the three-scenario approach at yourfacility, you may elect to use Scenario 1 for all emission points.
Definitions


### Release Point- the lowest height above ground level from which the pollutants are emitted to the atmosphere. Property Boundary -the distance from the base ofthe release pointto the nearest property boundary.
Point- an individual emission point or a group of individual emission.points reported on one Air Pollutant Emission Notice as provided for in Part A, Section II.B.4. Methodology


### To determine the de minimis level for a single pollutant being emitted from a point (single orgrouped).
STEP 1: 

## (

Determine which ofthe three scenarios below applies to the emission point. Ifdifferent scenarios can be applied to the same emission point, use the highest numbered scenario that applies. In the case ofgrouped emission points, use the lowest scenario number (forthe entire group) that applies to any ( ofthe single emission points within the group. Scenario 1: ters; Release point less than 10 meters or property boundary less than 100 meScenario 2: Release point equal to orgreaterthan 10 meters, but less than 50 meters, or property boundary equal to orgreaterthan 100 meters, but less than 500 meters; or Scenario 3: Release point equal to or greaterthan 50 meters, or property boundary equal to or greaterthan 500 meters. STEP 2: 

### Use Appendix Bto identify which ofthe three bins (Bin A, B, or C) the chemical is listed under.
Ifthe pollutant is not listed, it does not haveto be reported unless it is included in a chemical compound group.



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

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STEP 3: 31 CR 4, 04-08

Use the table belowto determine the de minimis level.
All values are in pounds per year.

Chemical Bin Bin A Bin B Bin C
STEP 4: Scenario 1 De Minimis 

### 50 500 1000 Scenario 2 De Minimis 

### 125 1250 2500 Scenario 3 De Minimis 

### 250 2500 5000 Page 49

Repeat the above steps for each pollutant emitted from each emission point (single orgrouped). One Air Pollutant Emission Notice must be filed for each emission point that emits one or more chemicals above the de minimis level.



## NOV 2a1tr

CODE OF COLORADO REGULATIONS

### Page 50 

### 31 CR4, 04-08

APPENDIXB / ( 

### Non-criteria Reportable Pollutants (Sorted by BIN)
Note: HAP means federal, orfederal and state hazardous air pollutant
HAPs means state-only hazardous air pollutant 

### CAS Taxies BIN HAP 79345 1,1,2,2-Tetrachloroethane A HAP 79005 1,1 ,2-Trichloroethane A HAP 75354 1,1-Dichloroethylene (Vinylidene chloride) A HAP 57147 1,1-Dimethyl hydrazine A HAP 120821 1,2,4-Trichlorobenzene A HAP 96128 1,2-Dibromo-3-chloropropane A HAP 122667 1,2-Diphenylhydrazine A HAP 106887 1,2-Epoxybutane A HAP 75558 1,2-Propylenimine (2-Methyl aziridine) A HAP 106990 1,3-Butadiene A HAP 542756 1,3-Dichloropropene A HAPs 55981 1,4-Butanediol dimethanesulphonate A HAP 106467 1,4-Dichlorobenzene A HAPs 7644410 1,4-Dichloro-2-butene A HAP 123911 1,4-Dioxane (1 ,4-Diethyleneoxide) A HAP 1746016 2,3,7,8-TCDD (Dioxin) A HAP 88062 2,4,6-Trichlorophenol A HAP 94757 2,4-D, salts and esters (2,4-Dichlorophenoxyacetic A acid) 

# ( HAP 51285 2,4-Dinitrophenol A HAP 121142 2,4-Dinitrotoluene A HAP 584849 2,4-Toluene diisoc_y_anate A 91087 2,6-Toluene diisocyanate A HAP 532274 2-Chloroacetophenone A HAP 79469 2-Nitropropane A HAP 119937 3,3'-Dimethyl benzidine A HAP 91941 3,3-Dichlorobenzidene A HAP 119904 3,3-Dimethoxybenzidine A HAP 101144 4,4-Methylene bis (2-chloroaniline) A HAP 101779 4,4-Methylenedianiline A HAP 534521 4,6-Dinitro a-cresol, and salts A HAP 92671 4-Aminobiphenyl A HAP 75070 Acetaldehyde A HAP 75058 Acetonitrile A HAP 107028 Acrolein A HAP 79061 Acrylamide A HAP 79107 Acrylic acid A HAP 107131 Acrylonitrile A HAPs 1402682 Aflatoxins A 116063 Aldicarb (Temik) A HAPs 309002 Aldrin A 107186 Allyl alcohol A HAP 107051 Allyl chloride A 20859738 Aluminum phosphide A HAP 62533 Aniline A



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

## (



# ( © 2008 State ofColorado All Rights Reserved
CAS HAP 0 86884 HAP 0 HAP 1332214 HAP 71432 HAP 92875 HAP 98077 HAP 100447 HAP 0 HAP 542881 HAP 117817
7726956 HAP 75252 HAP 0 HAP 156627 HAP 133062 1563662 HAP 75150 HAP 56235 HAP 120809 HAP 133904 HAP 57749 HAP 7782505 HAP 79118 HAP 108907 107073 HAP 67663 HAP 107302 HAP 126998 HAP 0 HAP 0 HAP 0 HAP 1319773 4170303 123739 HAP 98828 HAP 0 HAP 3547044 8065483 HAP 334883 19287457 HAP 111444 HAP 62737 141662 HAPs 60571 HAP 111422 115264 60515 HAP 77781 HAP 68122 78342 152169 31 CR 4, 04-08 

### Page 51

Toxics BIN Antimony compounds A ANTU (alpha-naphthylthiourea) A Arsenic com!Jpunds A Asbestos A Benzene A Benzidine_(p-Diamino d_!Q_hen_y!l A Benzotrichloride A Benzyl chloride, (Chloromethyl)benzene A**B~llium** compounds A Bischloromethyl ether A Bis(2-ethylhexyl) phthalate (DEHP) (Dioctyl phtha- A late) Bromine A Bromoform A Cadmium compounds A Calcium cyanamide A Captan A Carbofuran A Carbon disulfide A Carbon tetrachloride A Catechol A Chloramben (3-amino-2,5-dichloro benzoic acid) A Chlordane A Chlorine A Chloroacetic acid A Chlorobenzene A Chloroethanol A Chloroform (Trichloromethane) A Chloromethyl methyl ether A Chloroprene (2-Chloro-1,3-butadiene) A Chromium compounds (incl. 6+ com__Q_ounds, etc.) A Cobaltcompounds (as cobalt metal dust and fumes) A Coke Oven Emissions A Cresylic acid/Cresols A Crotonaldehyde A Crotonaldehyde (El A Cumene A Cyanide compounds A DDE (Dichlorodiphenyldichloroeth_ylenel A Demeton A Diazomethane A Diborane A Dichloroethyl ether (Bis(2-chloroethyl)ether) A Dichlorvos A Dicrotophos A Dieldrin A Diethanolamine A Dimefox A Dimethoate A Dimetl}yl sulfate A Dimethylformamide A Dioxathion 

### <::'1>,._

__ ['.. Diphosphoramide, octamethyl ....... '"'t--''-' t >::>;;.;**~u** 

## NOV 20:0 CODE OF COLORADO REGULATIONS

### Page 52 31 CR 4, 04-08

CAS Toxics BIN 298044 Disulfoton A 115297 Endosulfan A 72208 Endrin A HAP 106898 Epichlorohydrin (1-Chloro-2,3-epoxypropane) A 563122 Ethion A HAP 140885 Ethyl acrylate A HAP 106934 Ethylene dibromide (1 ,2-Dibromoethane) A HAP 107062 Ethylene dichloride (1 ,2-Dichloroethane) A HAP 151564 Ethylene imine (Aziridine) A HAP 75218 Ethylene oxide A HAP 96457 Ethylene thiourea A 22224926 Fenaminophos (Fenamiphos) A 115902 Fensulfothion A HAP 0 Fine mineral fibers A 944229 Fonofos A HAP 50000 Formaldehyde A 110009 Furan A HAP 0 Gly_col ethers A HAP 76448 Heptachlor A HAP 118741 Hexachlorobenzene A HAP 87683 Hexachlorobutadiene A HAP 77474 Hexachlorocyclopentadiene A HAP 67721 Hexachloroethane A HAP 822060 Hexamethylene-1,6-diisocyanate A HAP 302012 Hydrazine A HAP 7647010 Hydrochloric acid (Hydrogen chloride) A HAP 7664393 Hydrogen fluoride (Hydrofluoric acid) A 

# (
7783064 Hydrogen sulfide A 465736 lsodrin A HAP 78591 lsophorone A 4098719 lsophorone diisocyanate A HAP 0 Lead compounds (exceptelemental lead) A HAP



## - Lindane (all isomers of hexachlorocyclohexane) A HAP 0 Manganese compounds A 950107 Me_Q_hosfolan A HAP 0 Mercury compounds A 126987 Methacrylonitrile A 10265926 Methamidophos A 950378 Methidathion A HAP 72435 Methoxychlor A 86500 Methyl azinphos A HAP 74839 Methyl bromide (Bromomethane) A HAP 74873 Methyl chloride (Chloromethane) A HAP 60344 Methyl hydrazine A HAP 74884 Methyl iodide (lodomethane) A HAP 624839 Methyl isocyanate A 74931 Methyl mercaptan.(Methanethiol) A HAP 75092 Methylene chloride (Dichloromethane) A HAP 101688 Methylene diphenyl diisocyanate (MOll A 7786347 Mevinphos A 505602 Mustard gas (Dichlorodiethyl sulfide) A HAP 121697 N,N-Diethyl aniline (N,N-Dimethylaniline) A



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

# c
... © 2008 StateofColorado All Rights Reserved
CAS HAP 0 54115 7697372 HAP 98953 HAPs 55185 HAP 62759 HAPs 924163 HAP 90040 HAP 95534 1910425 2074502 HAP 56382 298000 HAP 82688 HAP 87865 HAP 127184 HAPs 122601 298022 HAP 75445 HAP 7803512 HAP 7723140 HAP 1336363 HAP 0 HAP 57578 HAP 114261 HAP 78875 HAP 75569 HAP 106445 HAP 91225 HAP 106514 HAP 0 HAP 0 62748 131522 57249 3689245 13494809 107493 13071799 509148



# - 108985 HAP 8001352 HAP 121448 HAP 1582098 HAP 593602 HAP 75014 81812 129066 1314847 HAP 1120714 HAP 95807 

### 31 CR 4, 04-08 Page 53

Toxics BIN Nickel compounds (incl. nickel subsulfide) A Nicotine A Nitric acid A Nitrobenzene A N-Nitrosodiethylamine A N-Nitrosodimethylamine A N-Nitroso-di-n-butylamine A o-Anisidine A a-Toluidine A Paraquat A Paraquat methosulfate A Parathion A Parathion-methyl A Pentachloronitrobenzene (Quintobenzene) A Pentachlorophenol A Perchloroethylene (Tetrachloroethylene) A Phenyl glyceryl ether (3 phenox_y 1,2 propanediol) A Phorate A Phosgene A Phosphine A Phosphorous A Polychlorinated biphenyls (PCBs}(Aroclors) A Polycylic Organic Matter A Pro_Qiolactone, beta A Propoxur (Baygon) A Pro_Qylene dichloride (1 ,2-Dichloropropane) A Propylene oxide A p.-Cresol A Quinoline A Quinone A Radionuclides (including radon) A Selenium comp_ounds A Sodium fluoroacetate A Sodium pentachlorophenate A Strychnine A Sulfotep A Tellurium A TEPP (Tetraethyldithiopyrophosphate) A Terbufos A Tetranitromethane A Thallium compounds A Thiophenol (Phenyl mercaptan) A Toxaphene (Camphechlor) A Triethylamine A Trifluralin A Vinyl bromide A Vinyl chloride A Warfarin A Warfarin sodium A Zinc phosphide A 1,3-Propane sultone**~~ ,,.._,..,_,.,..,~**  

### _8_ ·-' 2,4-Toluene diamine --r-'-' '-''-'

.B:

- 

## NOV 2010

CODE OF COLORADO REGULATIONS

### Page 54 31 CR 4, 04-08

CAS Toxics BIN HAPs 132274 2-Biphenylol sodium salt B 

## ( HAPs 60153493 3-(N-Nitrosomethylamine) (Propionitrile) B HAP 60355 Acetamide B 7664417 Ammonia B HAPs 115286 Chlorendic acid B HAPs 108171262 Chlorinated paraffins (C12, 60% chlorine) B HAP 510156 Chlorobenzilate (ethyl-4,4'-dichlorobenzilate) B HAPs 117102 Chrysazin (Dorbane) B HAPs 2646175 Cl Solvent Orange 2 B 1464535 Diepoxybutane B HAP 64675 Diethyl sulfate B 1642542 Diethylchlorophosphate B HAP 60117 Dimethyl aminoazobenzene B HAP 79447 Dimethyl carbamoyl chloride B HAPs 2475458 Disperse Blue 1 B HAP 51796 Ethyl carbamate_{Urethane) B HAP 75343 Ethylidene dichloride (1, 1-Dichloroethane) B 144490 Fluoracetic acid B HAP 680319 Hexamethylphosphoramide B 55914 lsofluorphate B HAPs 64091914 Ketone, 3-pyridyi-3-(N-methyi-N-nitrosoamino)**pro~l** B 16752775 Methomyl B 79221 Methyl chloroformate B HAP 108101 Methyl isobutyl ketone (MIBK) (Hexane) B HAPs 78988 Methylglyoxal B HAP 108394 m-Cresol B HAP 91203 Naphthalene B 

# (
HAPs



## - Nitrilotriacetic acid, Ca-, Na-, K salts B HAP 59892 N-Nitrosomorpholine B HAP 684935 N-nitroso-N-methylurea B 23135220 Oxam_yl B HAP 95487 a-Cresol B 732116 Phosmet B HAP 85449 Phthalic anhydride B 107448 Sarin B 7664939 Sulfuric acid B 77816 Tabun B 110576 Trans 1,4-dichlorobutene B HAP 71556 1,1,1-Trichloroethane (Methyl chloroform) 

# c HAP 540841 2,2,4-Trimethylpentane 

# c 540885 Tertiary Butyl Acetate 

# c HAP 95954 2,4,5-Trichlorophenol 

# c HAP 53963 2-Acetylaminofluorene 

# c HAP 92933 4-Nitrobiphenyl 

# c HAP 100027 4-Nitrophenol 

# c HAP 98862 Acetophenone 

# c 814686 Acrylyl chloride 

# c 54626 Aminopterin 

# c 78535 Amiton 

# c 3734972 Amiton oxalate 

# c 88051 Aniline,2,4,6-Trimethyl 

# c 1397940 Antimycin A 

# c

5 CCR 1001-5 CODE OF COLORADO REGULATIONS©2008 State ofColorado All Rights Reserved
CAS HAP 92524 534076 10294345 28772567 HAP 63252 HAP 463581 786196 470906 24934916 3691358 1982474 21923239 56724 5836293 535897 675149 66819 108918 919868 10311849 HAP 132649 HAP 84742 149746 HAP 131113 75183 2524030 99989 644644 1420071 82666 541537 2778043 13194484 2642719 HAP 100414 538078 HAP 75003 107153 371620 HAP 107211 542905 122145 4301502 7782414 640197 359068 23422539 2540821 17702577 21548323 3878191 4835114 31 CR 4, 04-08

Toxics Biphenyl Bis(chloromethyl)ketone Boron trichloride Bromodiolone Carbaryl Carbonyl sulfide Carbophenothion Chlorfenvinfos Chlormephos Chlorophacinone Chloroxuron Chlorthiophos Coumaphos Coumatetralyl Crimidine Cyanuric fluoride Cyclohexamide Cyclohexylamine Demeton-s-meth_yl Dialifor Dibenzofurans Dibutyl phthalate Dichloromethylphenylsilane Dimethyl phthalate Dimethyl sulfide (Methyl sulfide) Dimethylphosphorochloridothioate Dimethyl-p-phenylenediamine Dimetilan Dinoterb Diphacinone Dithiobiuret Endothion Ethoprophos (Ethoprop) Ethyl azinphos Ethyl benzene (Phenylethanel Ethyl bis (2-chloroethyl)amine Ethyl chloride (Chloroethane) Ethylene diamine Ethylene fluorohydrin Ethylene glycol Ethylthiocyanate Fenitrothion Fluenetil Fluorine Fluoroacetamide Fluoroacetyl chloride Formotanate hydrochloride Formothion Formparanate Fosthietan Fuberidazole Hexamethylenediamine, N,N-dibutyl



### CODE OF COLORADO REGULATIONS Page 55

BIN 

# c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c c**~U\JGrS::C ~**  C1

### Page 56 

### 31 CR4, 04-08

CAS Toxics BIN HAP 110543 Hexane 

# c ( HAP 123319 Hydroquinone 

# c 297789 lsobenzan 

# c 108236 Isopropyl chlorformate 

# c 625558 Isopropyl formate 

# c 119380 lsopropylmethylpyrazolyl dimethylcarbamate (lsolan) 

# c 21609905 Leptophos 

# c HAP 108316 Maleic anhydride 

# c HAP 67561 Methanol (Methyl alcohol) 

# c 2032657 Methiocarb 

# c 624920 Methyl disulfide 

# c 556616 Methyl isothiocyanate 

# c HAP 80626 Methyl methacrylate 

# c 3735237 Methyl phenka_Qton 

# c 78944 Methyl vinyl ketone (3-butene-2-one) 

# c 315184 Mexacarbate 

# c HAP 1634044 MTBE (Methyl tertiary butyl ether) 

# c HAP 108383 m-Xylene 

# c 1122607 Nitrocyclohexane 

# c 991424 Norbormide 

# c HAPs 615532 N-nitroso-N-methylurethane 

# c 2497076 Oxydisulfoton 

# c

- Ozone depleting compounds (CFC, etc.) 

# c HAP 95476 o-Xylene 

# c 79210 Peracetic acid 

# c HAP 108952 Phenol 

# c 64006 Phenol,3-(1-methylethyl)-methylcarbamate 

# c 

# (

947024 Phosfolan 

# c 13171216 Phosphamidon 

# c 110894 PiJ:>eridine 

# c 23505411 Pirimifos-ethyl 

# c 2631370 Promecarb 

# c 106967 Propargyl bromide 

# c HAP 123386 Propionaldehyde 

# c 140761 Pyridine, 2-methyl-5-vinyl 

# c 53558251 Pyriminil 

# c HAP 106503 p-Phenylenediamine 

# c HAP 106423 p-Xylene 

# c 60413 Strychnine sulfate 

# c HAP 100425 Styrene 

# c HAP 96093 Styrene oxide 

# c 7446119 Sulfurtrioxide 

# c 297972 Thionazin (o,o diethyl-0-2-pyrizinylphosphorothioate) 

# c 79196 Thiosemicarbizide 

# c HAP 7550450 Titanium tetrachloride 

# c HAP 108883 Toluene 

# c HAP 79016 Trichloroethylene (TCE) 

# c 555771 Tris(2-chloroethyl)amine 

# c 2001958 Valinomycin 

# c HAP 108054 Vinyl acetate 

# c HAP 1330207 Xylene (and mixed isomers) 

# c 28347139 Xylylene dichloride 

# c

5 

### CCR 1001-5 

### CODE OF COLORADO REGULATIONS

# ( © 2008 State ofColorado All Rights Reserved
CAS HAP



# -

- HAPs



## -



# - HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 0 HAP 50000 HAP 51285 HAP 51796 HAP 53963 540885 54115 54626 HAPs 55185 55914 HAPs 55981 HAP 56235 HAP 56382 56724 HAP 57147 57249 HAP 57578 HAP 57749 HAP 59892 HAP 60117 HAP 60344 HAP 60355 60413 60515 HAPs 60571 HAP 62533 HAP 62737 62748 HAP 62759 HAP 63252 64006 HAP 64675 31 CR 4, 04-08 

### Page 57

Toxics BIN Lindane (all isomers of hexachlorocyclohexane) A Thallium compounds A Nitrilotriacetic acid, Ca-, Na-, K salts B Ozone depleting compounds (CFC, etc.) 

# c Antimony compounds A Arsenic compounds A Beryllium compounds A Cadmium compounds A Chromium compounds (incl. 6+ compounds, etc.) A Cobaltcompounds (as cobalt metal dust and fumes) A Coke Oven Emissions A Cyanide compounds A Fine mineral fibers A Glycol ethers A Lead compounds (exceptelemental lead) A Manganese compounds A Mercury compounds A Nickel compounds (incl. nickel subsulfide) A Polyc;ydic Organic Matter A Radionuclides (including radon) A Selenium compounds A Formaldehyde A 2,4-Dinitrophenol A Ethyl carbamate (Urethane) B 2-Acetylaminofluorene 

# c Tertiary Butyl Acetate 

# c Nicotine A Aminopterin 

# c N-Nitrosodiethylamine A lsofluorphate B 1,4-Butanediol dimethanesulphonate A Carbon tetrachloride A Parathion A Coumaphos 

# c 1,1-Dimethyl hydrazine A Strychnine A Propiolactone, beta A Chlordane A N-Nitrosomorpholine B Dimethyl aminoazobenzene B Methyl hydrazine A Acetamide B Strychnine sulfate 

# c Dimethoate A Dieldrin A Aniline A Dichlorvos A Sodium fluoroacetate A N-Nitrosodimethylamine A Carbaryl 

# c Phenol,3-(1-methylethyl)-methylcarbamate 

# c Diethyl sulfate**~ ~,..~-**  ,.El.-' 

### ""'"'"l-''-'''-''-'"-'"



## NOV 2C:O CODE OF COLORADO REGULATIONS

### Page 58 31 CR 4, 04-08

CAS Toxics BIN 66819 Cyclohexamide 

# c HAP 67561 Methanol (Methyl alcohol) 

# c HAP 67663 Chloroform (Trichloromethane) A HAP 67721 Hexachloroethane A HAP 68122 Dimethylformamide A HAP 71432 Benzene A HAP 71556 1,1,1-Trichloroethane (Methyl chloroform) 

# c 72208 Endrin A HAP 72435 Methoxychlor A HAP 74839 Methyl bromide (Bromomethane) A HAP 74873 Methyl chloride (Chloromethane) A HAP 74884 Methyl iodide (lodomethane) A 74931 Methyl mercaptan (Methanethiol) A HAP 75003 Ethyl chloride (Chloroethane) 

# c HAP 75014 Vinyl chloride A HAP 75058 Acetonitrile A HAP 75070 Acetaldehyde A HAP 75092 Methylene chloride (Dichloromethane) A HAP 75150 Carbon disulfide A 75183 Dimethyl sulfide (Methyl sulfide) 

# c HAP 75218 Ethylene oxide A HAP 75252 Bromoform A HAP 75343 Ethylidene dichloride (1,1-Dichloroethane) B HAP 75354 1,1-Dichloroethylene (Vinylidene chloride) A HAP 75445 Phosgene A HAP 75558 1,2-Propylenimine (2-Methyl aziridine) A 

## ( HAP 75569 Propylene oxide A HAP 76448 Heptachlor A HAP 77474 Hexachlorocyclopentadiene A HAP 77781 Dimethyl sulfate A 77816 Tabun B 78342 Dioxathion A 78535 Amiton 

# c HAP 78591 lsophorone A HAP 78875 Propylene dichloride (1 ,2-Dichloropropane) A 78944 Methyl vinyl ketone (3-butene-2-one) 

# c HAPs 78988 Methylglyoxal B HAP 79005 1,1 ,2-Trichloroethane A HAP 79016 Trichloroethylene (TCE) 

# c HAP 79061 Acrylamide A HAP 79107 Acrylic acid A HAP 79118 Chloroacetic acid A 79196 Thiosemicarbizide 

# c 79210 Peracetic acid 

# c 79221 Meth_yl chloroformate B HAP 79345 1,1 ,2,2-Tetrachloroethane A HAP 79447 Dimethyl carbamo_yl chloride B HAP 79469 2-Nitropropane A HAP 80626 Methyl methacrylate 

# c 81812 Warfarin A 82666 Diphacinone 

# c HAP 82688 Pentachloronitrobenzene (Quintobenzene) A 

# (

5 CCR 1001-5 CODE OF COLORADO REGULATIONS

# ( © 2008 State ofColorado All Rights Reserved


### CAS HAP 84742 HAP 85449 86500 86884 HAP 87683 HAP 87865 88051 HAP 88062 HAP 90040 91087 HAP 91203 HAP 91225 HAP 91941 HAP 92524 HAP 92671 HAP 92875 HAP 92933 HAP 94757
HAP 95476 HAP 95487 HAP 95534 HAP 95807 HAP 95954 HAP 96093 HAP 96128 HAP 96457 HAP 98077 HAP 98828 HAP 98862 98873
HAP 98953 99989 HAP 100027 HAP 100414 HAP 100425 HAP 100447 HAP 101144 HAP 101688 HAP 101779 HAP 106423 HAP 106445 HAP 106467 HAP 106503 HAP 106514 HAP 106887 HAP 106898 HAP 106934 106967 HAP 106990 HAP 107028 HAP 107051 

### 31 CR 4, 04-08 Page 59

Toxics 

### BIN Dibutyl phthalate 

# c Phthalic anhydride B Methyl azinphos A ANTU (alpha-na_Q_hth_ylthiourea) A Hexachlorobutadiene A Pentachlorophenol A Aniline,2,4,6-Trimethyl 

# c 2,4,6-Trichlorophenol A o-Anisidine A 2,6-Toluene**diiso~yanate** A Naphthalene B Quinoline A 3,3-Dichlorobenzidene A Biphenyl 

# c 4-Aminobiphenyl A Benzidine (p-Diamino diphenyl) A 4-Nitrobiphenyl 

# c 2,4-D, salts and esters (2,4-Dichlorophenoxyacetic A acid) o-X_ylene 

# c o-Cresol B a-Toluidine A 2,4-Toluene diamine B 2,4,5-Trichlorophenol 

# c Styrene oxide 

# c 1,2-Dibromo-3-chloropropane A Ethylene thiourea A Benzotrichloride A Cumene A Acetophenone 

# c Benzal chloride [(Dichloromethyl)benzene; ben- B zylidenechloride] Nitrobenzene A Dimethyl-p_-phen_ylenediamine 

# c 4-Nitrophenol 

# c Ethyl benzene (Phenylethane) 

# c Styrene 

# c Benzyl chloride, (Chloromethyl)benzene A 4,4-Methylene bis (2-chloroaniline) A Methylene diphenyl diisocyanate (MDI}_ A 4,4-Methylenedianiline A p-Xylene 

# c p-Cresol A 1A-Dichlorobenzene A p-Phenylenediamine 

# c Quinone A 1,2-Epoxybutane A Epichlorohydrin (1-Chloro-2,3-epoxypropane) A Ethylene dibromide (1 ,2-Dibromoethane) A Propargyl bromide 

# c 1,3-Butadiene A Acrolein A Allyl chloride ''P.G**vupr.:v·~.--,** '-"l y**"~** ·. 

## NOV 2210 CODE OF COLORADO REGULATIONS 5 

### CCR 1001-5 Colorado Supreme Courtlibrar,

### Page 60

CAS HAP 107062 107073 HAP 107131 107153 107186 HAP 107211 HAP 107302 107448 107493 HAP 108054 HAP 108101 108236 HAP 108316 HAP 108383 HAP 108394 HAP 108883 HAP 108907 108918 HAP 108952 108985 110009 HAP 110543 110576 110894 HAP 111422 HAP 111444 HAP 114261 115264 HAPs 115286 115297 115902 116063 HAPs 117102 HAP 117817
HAP 118741 119380 HAP 119904 HAP 119937 HAP 120809 HAP 120821 HAP 121142 HAP 121448 HAP 121697 122145 HAPs 122601 HAP 122667 HAP 123319 HAP 123386 123739 HAP 123911 126987 HAP 126998

5 

### CCR 1001-5 

### 31 CR4, 04-08

Toxics BIN Ethylene dichloride (1 ,2-Dichloroethane) A Chloroethanol A Acrylonitrile A Ethylene diamine 

# c Allyl alcohol A Ethylene glycol 

# c Chloromethyl methyl ether A Sarin B TEPP (Tetraethyldithiopyrophosphate) A Vinyl acetate 

# c Methyl isobutyl ketone (MIBK) (Hexane) B Isopropyl chlorformate 

# c Maleic anhydride 

# c m-Xylene 

# c m-Cresol B Toluene 

# c Chlorobenzene A Cyclohexylamine 

# c Phenol 

# c Thiophenol (Phenyl mercaptan) A Furan A Hexane 

# c Trans 1,4-dichlorobutene B Piperidine 

# c Diethanolamine A Dichloroethyl ether (Bis_{_2-chloroethyl)ether) A Propoxur (Baygon) A Dimefox A Chlorendic acid B Endosulfan A Fensulfothion A Aldicarb (Temik) A Chrysazin(Dorbane) B Bis(2-ethylhexyl) phthalate (DEHP) (Dioctyl phtha- A late) Hexachlorobenzene A lsopropylmethylpyrazolyl dimethylcarbamate (lsolan) 

# c 3,3-Dimethoxybenzidine A 3,3'-Dimethyl benzidine A Catechol A 1,2,4-Trichlorobenzene A 2,4-Dinitrotoluene A Triethylamine A N,N-Diethyl aniline (N,N-Dimethylaniline) A Fenitrothion 

# c Phenyl glyceryJ ether (3 phenoxy 1,2 propanediol) A 1,2-Diphenylhydrazine A Hydroquinane 

# c Propionaldehyde 

# c Crotonaldehyde (E) A 1,4-Dioxane (1 ,4-Diethyleneoxide) A Methacrylonitrile A Chloroprene (2-Chloro-1,3-butadiene) A



### CODE OF COLORADO REGULATIONS / !



## (

## (



## ( ©2008 State ofColorado All Rights Reserved
CAS HAP 127184 129066 HAP 131113 131522 HAPs 132274 HAP 132649 HAP 133062 HAP 133904 140761 HAP 140885 141662 144490 149746 HAP 151564 152169 HAP 156627 297789 297972 298000 298022 298044 HAP 302012 HAPs 309002 315184 HAP 334883 359068 371620 HAP 463581 465736 470906 505602 509148 HAP 510156 HAP 532274 534076 HAP 534521 535897 538078 HAP 540841 541537 HAP 542756 HAP 542881 542905 555771 556616 563122 HAP 584849 HAP 593602 HAPs 615532 HAP 624839 624920 625558 

### 31 CR4, 04-08 Page 61

Toxics BIN Perchloroethylene_(Tetrachloroethylene) A Warfarin sodium A Dimethyl phthalate 

# c Sodium pentachlorophenate A 2-Biphenylol sodium salt B Dibenzofurans 

# c Captan A Chloramben (3-amino-2,5-dichloro benzoic acid) A Pyridine, 2-methyl-5-vinyl 

# c Ethyl acrylate A Dicrotophos A Fluoracetic acid B Dichloromethylphenylsilane 

# c Ethylene imine (Aziridine) A Diphosphoramide, octamethyl A Calcium cyanamide A lsobenzan 

# c Thionazin (o,o diethyl-0-2-pyrizinylphosphorothioate) 

# c Parathion-methyl A Phorate A Disulfoton A Hydrazine A Aldrin A Mexacarbate 

# c Diazomethane A Fluoroacetyl chloride 

# c Ethylene fluorohydrin 

# c Carbonyl sulfide 

# c lsodrin A Chlorfenvinfos 

# c Mustard gas (Dichlorodiethyl sulfide) A Tetranitromethane A Chlorobenzilate (ethyl-4,4'-dichlorobenzilate) B 2-Chloroacetophenone A Bis(chloromethyJlketone 

# c 4,6-Dinitro o-cresol, and salts A Crimidine 

# c Ethyl bis (2-chloroethyl)amine 

# c 2,2,4-Trimethylpentane 

# c Dithiobiuret 

# c 1,3-Dichloropropene A Bischloromethyl ether A Ethylthiocyanate 

# c Tris(2-chloroethyl)amine 

# c Methyl isothiocyanate 

# c Ethion A 2,4-Toluene diisocyanate A Vinyl bromide A N-nitroso-N-methylurethane 

# c Methyl isocyanate A Methyl disulfide 

# c Isopropyl formate -.. 

# c .;::;u!''..' ;-c-·**~** - - 

### ·i



### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-5 ColoradoSupreme Court LJbrarv

### Page 62 31 CR 4, 04-08

CAS Toxics BIN 640197 Fluoroacetamide 

# c ( 644644 Dimetilan 

# c 675149 Cyanuric fluoride 

# c HAP 680319 Hexamethylphosphoramide B HAP 684935 N-nitroso-N-methylurea B 732116 Phosmet B 786196 Carbophenothion 

# c 814686 Acrylyl chloride 

# c HAP 822060 Hexamethylene-1 ,6-diisocyanate A 919868 Demeton-s-methyl 

# c HAPs 924163 N-Nitroso-di-n-butylamine A 944229 Fonofos A 947024 Phosfolan 

# c 950107 Mephosfolan A 950378 Methidathion A 991424 Norbormide 

# c HAP 1120714 1,3-Propane sultone B 1122607 Nitrocyclohexane 

# c 1314847 Zinc phosphide A HAP 1319773 Cresylic acid/Cresols A HAP 1330207 Xylene (and mixed isomers) 

# c HAP 1332214 Asbestos A HAP 1336363 Polychlorinated biphenyls (PCBs) (Aroclors) A 1397940 Antimycin A 

# c HAPs 1402682 Aflatoxins A 1420071 Dinoterb 

# c 1464535 Diepoxybutane B 

# (
1563662 Carbofuran A HAP 1582098 Trifluralin A HAP 1634044 MTBE (Methyl tertiary butyl ether) 

# c 1642542 Diethylchlorophosphate B HAP 1746016 2,3,7,8-TCDD (Dioxin) A 1910425 Paraquat A 1982474 Chloroxuron 

# c 2001958 Valinomycin 

# c 2032657 Methiocarb 

# c 2074502 Paraquat methosulfate A HAPs 2475458 Disperse Blue 1 B 2497076 Oxydisulfoton 

# c 2524030 Dimethylphosphorochloridothioate 

# c 2540821 Formothion 

# c 2631370 Promecarb 

# c 2642719 Ethyl azinphos 

# c HAPs 2646175 Cl Solvent Orange 2 B 2778043 Endothion 

# c HAP 3547044 ODE (Dichlorodiphenyldichloroethylene) A 3689245 Sulfotep A 3691358 Chlorophacinone 

# c 3734972 Amiton oxalate 

# c 3735237 Methyl phenkapton 

# c 3878191 Fuberidazole 

# c 4098719 lsophorone diisocyanate A



### 5 

### CCR 1001-5 

### CODE OF COLORADO REGULATIONS

### (



# ( ©2008 State ofColorado All Rights Reserved
CAS 4170303 4301502 4835114 5836293 7446119 HAP 7550450 HAPs 7644410 HAP 7647010 HAP 7664393 7664417 7664939 7697372 HAP 7723140 7726956 7782414 HAP 7782505 7783064 7786347 HAP 7803512 HAP 8001352 8065483 10265926 10294345 10311849 13071799 13171216 13194484 13494809 16752775 17702577 19287457 20859738 21548323 21609905 21923239 22224926 23135220 23422539 23505411 24934916 28347139 28772567 53558251 HAPs 60153493 HAPs 64091914
HAPs 108171262 

### 31 CR 4, 04-08

Toxics Crotonaldehyde Fluenetil Hexamethylenediamine, N,N-dibutyl Coumatetralyl Sulfurtrioxide Titanium tetrachloride 1,4-Dichloro-2-butene Hydrochloric acid (Hydrog_en chloride) Hydrogen fluoride (Hydrofluoric acid) Ammonia Sulfuric acid Nitric acid Phosphorous Bromine Fluorine Chlorine Hydrogen sulfide Mevinphos Phosphine Toxaphene (Camphechlor) Demeton Methamidophos Boron trichloride Dialifor Terbufos Phosphamidon Ethoprophos (Ethoprop) Tellurium Methomyl Formparanate Diborane Aluminum phosphide Fosthietan Leptophos Chlorthiophos Fenaminophos (Fenamiphos) Oxam_yJ Formotanate hydrochloride Pirimifos-ethyl Chlormephos Xylylene dichloride Bromodiolone Pyriminil 3-(N-Nitrosomethylamine) (Propionitrile) Ketone, 3-pyridyi-3-(N-methyi-N-nitrosoamino) propyl Chlorinated paraffins (C12, 60% chlorine)



### CODE OF COLORADO REGULATIONS Page 63

BIN A 

# c c c c c A A A B B A A A 

# c A A A A A A A 

# c c A 

# c c A B 

# c A A 

# c c c A B 

# c c c c c c B B
B

### Page 64 31 CR 4, 04-08



### PARTB CONCERNING CONSTRIUCTtON PERMITS
I. Applicability 

### ·r.A. The provisions ofthis Part Bshalf;apply statewide. All sources that

### did notcommence construction oroperation prior

### to Februal)' 1,.1972, are required 

### to have aconstruction permit exceptas specified in Section II. 

### II. General Requirements ForConstruction Permits II.A. General Considerations II.A.1. Exceptwhere specifically authorized by the terms ofthis Regulation Number

### 3, no person shall commence construction ef

### any stationary source or modification ofa

### stationary source withoutfirst obtaining orhaving avalid construction permitfrom the Division. · II.A.2. Any permit that has been issued pursuant

### to a prior regulation ofthe 

### Commission, with respectto a project orthe 

### operation thereof, 

### shaU**c~mtinue** 

### in full force and effect forthe purpose forthat itwas originally issued, unless this current regulation

# no longer requires such permit, in that case the permit can be rescinded upon request of the owneroroperatorofthe permitted source. II.A.3. Any orders ordecisions of

### the Oivisoion shall 

### be final upon issuance, according to Section 

### III.F.3. ofthis Part B

.. 

## (

II.A.4. Construction permits 

### for criteria pollutants and hazardous air pollutants shall be is- (. 

### sued based on the production/process rate requested in the Air Polfutant Emission

. Notice submitted wtth 

### thepermit

### appli<:ation oras requested In 

### theapplication. The emission rate associated 

### "iththe requested proouctionlprocess rate shaD 

### bea permit condition. For permitsto •mitthe potential

### to emitcriteria

### or hazardous airpollutants the Division may modifythe production/process

### rate, hours of**~n** 

### orother requested permit conditions!in Qrderto 

### create state-only orfederally and practicallyenforceable permit conditions; provided, however, thatthe applicant may declineto acceptsuch modifications and elect instead to forego limits on its 

### potentialto emitor pursues any right ofapJ>E$1 

### orotheravailable alternative. Fotdetails regarding permits

### to limitthe potential tQ emit

### hazardous air pollutants see 

### Regulation Number8, Part

### E. Section IV. II.A.5. Construction permits are required for hazardous air pollutants if:



### 5 CCR 1001-5 

### II.A.5.a.The source is subjectto Cotorado MaximumAchievable ControlTechnology orGenerally**Avai~** 

### ControlTechnology; or II.A.5.b.The source is subject to Federal National Emission Standards for Hazardous Air Pollutants; or II.A.5.c.The source is subjectto Federal Maximum Achievable Control Technology or GenerallyAvailable Control Technology standards; or II.A.5.d.The source is subject**~o** 

### Regulation Number 6, PartE, where the more specific requirements of Regulation Number8, Part E, take precedence over 

### requirements in this1regulation.



### CODEOFCOLORADO REGULATIONS 

# (