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### II. Air PollutantEmissionNotice (APEN) Requirements

A. APENs for New, Modified, and Existing Sources Except as specifically exempted in Subsection II.D., no person shall allow emission of airpollutants from, or construction, modification or alteration of, any facility, process, activity whicn constitutes a stationary source, except residential structures, from which airpollutants are, or are to be, emittedunless anduntil anAir Pollutant EmissionNotice (APEN) and the associated APEN fee has been filed with the Divisionwith respect to such emission. Each such notice shall specify the location at which theproposed emission will occur, the name and address of the persons operating and owning such facility, the nature of such facility, process or activity, an estimate of the quantity and composition of the expected emission and other information as required in the current APEN form. B.General 1. Emission Estimate The APEN shall include an estimate of the actual emissions, including emission controls. The emissions estimate shall be basedupon actual test data or, in the absence of such data upon estimations acceptable to the Division. The following alternative estimatemethods, in order of descending acceptability, are acceptable to the Division:

a. mass balance calculations or a published, verifiable emission factor, whichever is best applied to the source; or b.other engineering calculations. Stack testing or emissionmonitoring will not be required solely tomeet the APEN reporting requirements. An owner or operator shallprovide a justificationto the Division for not using anymethods which are higher on the list than the method the owner or operatorproposes to use. If none of the above methods are available or applicable to the source, an appropriate method will be determined on a case by case basis by the Division, taking into account the provisions of Section II.E.2. of this RegulationNo.3, Part A.The Division shall make available to all air pollution control authority offices appropriate forms onwhich the information requiredby this section shall be submitted. Applications for Construction Permits must include anAPEN. 2. APEN Term An APEN is valid for a period of five years. The five yearperiod recommences when a revisedAPEN is receivedby the Division. 3. Source Definition For the purposes of APEN reporting, a source will be considered to be an individual emissionpoint, or group of points pursuant toparagraph 4, below.

a. Criteria Pollutants For criteriapollutants, APENs are required for: each individual emissionpoint in a nonattainment areawithuncontrolled actual emissions of 1 tonperyear ormore of any individual criteriapollutant (pollutants are not summed); each individual emissionpoint in an attainment area withuncontrolled actual emissions of 2 tons per year ormore of any individual criteriapollutant (pollutants are not summed); each individual emissionpoint withuncontrolled actual emissions of lead greater than 100 pounds peryear, regardless of where the source is located. b.Non-criteria Reportable Pollutants For non-criteria reportable pollutants, APENs are required for each individual emission point with uncontrolled actual emissions which exceed the de minimis levels as determineq following the procedures set forth inAppendix A. 4. Source Grouping Grouping of multiple emissionpoints on a single APEN shall be allowed as often as possible, provided the overall goals of receiving accurateandverifiable emissions information are not compromised. The following guidelines shall be used to delineate occasions when grouping canbe allowed. These are intended to be used as guidelines only, and specific questions regarding grouping shouldbe directed to the Division. Multiple pieces of equipment orprocesses from a single facility may be grouped or associated together and reported on one single APEN, provided the individual sources of emissions meet the following guidelines:

a. all of the aggregated sources have identical source classification codes (SeC), and emission factors for criteriapollutantsi b. each of the aggregated sources share a similar locationwithin the facilitYi

c. similar sources regulatedunder the New Source Performance Standards (NSPS, Regulation No.6) and non-NSPS sources shouldnot be groupedi d. none of the individual sources is required to monitor emissions through the use of continuous emissionmonitorsi

e. each of the individual emissionpoints has fuel usage, production, and a consumption level which are indistinguishable from the otherpoints which have beengrouped on the APENi f. none of the individual sources grouped on the APEN has previouslybeen issued its own separate emissions permit. The Divisionmaintains its authority to require individual separate APENs for any process or activity. The Divisionmay allow a source to deviate from this emissionpoint grouping criteriaupon a showing that an alternative is reasonable and will not compromise the overall goals of receiving accurate and verifiable emissions information.5. UncontrolledActual Emissions Uncontrolled actual emissions, for the purposes of APEN reporting and constructionpermit requirements, means the annual emission rate corresponding to the annual process rate listed on the APEN form, without consideration of any emission control equipment orprocedures. The Divisionmay allow a source to forego calculating or estimating its uncontrolled actual emissions of hazardous pollutants upon a showing by the source and a determinationby the Division that the creationof such data is unreasonably costly, technically impractical or not reasonably related to informationnecessary for making regulatory decisions with respect to that source. The Division's final determinationmay be appealed to the Commissionby the source. 6. APENs and revisedAPENs shall be basedon calendar years (January throughDecember)

. 7. The emissions noted on the current APEN on file with the Division shall be used for emission fee calculations as described in SectionVI. of this Regulation, Part A. 8. APENs required under past versions of this regulation which are no longer required are rescinded as of the effective date of this regulation. 9. Criteriapollutants are: carbonmonoxide, nitrogen oxides, sulfur dioxide, PM-10, total suspendedparticulates, ozone, volatile organic compounds, lead, fluorides, sulfuric acidmist, hydrogen sulfide, total reduced sulfur, reduced sulfur compounds, municipal waste combustor organics, municipal waste combustormetals, and municipal waste combustor acid gases. 10. For existing sources, APENs for non-criteria reportable pollutants listed inAppendix B shall be submitted to the Division no later than December 31, 1993. APENs for non-criteria reportable pollutants listed inAppendix C shall be submittedno later thanDecember 31, 1994. C. RevisedAPENs1. ArevisedAPEN shall be filed:

a. annually whenever a significant change in emissions occurs, as definedbelow in Paragraph 2. b. whenever there is a change in the owner or operator of any facility, process, or activity; or

c.whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment (revisedAPENs are not required for routine maintenance, repair, or replacement of control equipment); or d. whenever a permit limitationmust be modified; or

e. before the APEN expires. f. ArevisedAPEN is not requiredwhenever the locationof a portable facility, process, or activity is changed, however, the owner or operator of such source must file a relocation notice. Such notice shall be receivedby the Division at least 10 days prior to the change in location. Alternatively, the owner or operator of a portable source may request written approval from the Division to report multiple relocations. Relocation forms are available at the Division offices. g. ArevisedAPEN is not required for emergency or backup generators which are ancillary to the mainunits at electric utility facilities, and which have a permit under Part Cor Dof Title I, or Title Vof the Federal Act. h. ArevisedAPEN is not required for emergency or backup generators for electric power generating facilities which are not ancillary to a main unit at an electric utility facility, and which have a permit containing limits on the physical or operational capacity of the source to emit a pollutant such that the source is notconsidered to be a major stationary source as defined in Section I.B.58 of this regulation, Part A. If an owner or operator of such a source chooses to file a revisedAPEN, the APEN shall list the average of the actual emissions for the preceding three years. 2. lISignificant Change, II for the purposes of this Subsection C. means:

a. For anynon-criteria reportable pollutant if the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b.For criteriapollutants: (i) For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year ormore, above the level reported on the last APEN submitted to the Division, of any such airpollutant; or (ii) ForVOC sources in ozone nonattainment areas emitting less than 100 tons of VOC per year, a change in actual emissions of one tonperyear ormore or five percent, whichever is greater, above the level reported on the last APEN submitted to the Division; or (iii) For sources emitting 100 tons peryear ormore, a change in actual emissions of five percent or 50 tons peryear or more, whichever is less, above the level reported on the lastAPEN submitted to the Division, of any such airpollutant; or (iv) A change in actual emissions, above the level reported on the last APEN submitted to the Division, of 50 pounds of lead. 3. Timeframe for RevisedAPEN submittals

a. RevisedAPENs shall be submittedno later than within 30 days before the five year term expires. b. Owners or operators of sources which arerequired to obtaina permit revisionmust file a revisedAPEN, along with a request for permit revision. Arevisedpermit must be obtainedbefore the change at the source occurs.

c. Sources submitting revisedAPENs to inform the Division of a change in actual emission rates must do so byApril 30 of the following year (e.g., a change in emissions in calendar year 1993 must be reportedbyApril 3D, 1994). d. APENs for changes in control equipment must be submittedbefore the change occurs. D. Exemptions from APEN Requirements 1. The following sources are exempt from the requirement to file APENs because by themselves, or cumulatively as a category, they are deemed to have a negligible impact on air quality.

a. Individual emissionpoints innonattainment areas having uncontrolled actual emissions of any criteriapollutant of less than one tone per year, and individual emissionpoints in attainment areas having uncontrolled actual emissions of any criteriapollutant of less than two tons peryear, and each individual emissionpoint withuncontrolled actual emissions of lead less than 100 pounds per year, regardless of where the source is located. b. Individual emissionpoints of non-criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures set forth inAppendixA.

c. Air conditioning or ventilating systems not designed to remove airpollutants generatedby or released from otherprocesses or equipment. d. Fireplaces used for recreational purposes, inside or outside.

e. Fires and equipment used for noncommercial cooking of food for human consumption, or cooking of food for human consumption atcommercial food service establishments, except for charbroilers and wood fired equipment (but not including campfires) in PM-10 nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service establishment, either gas fired orusing charcoal or other fuel, upon which grease drips downupon an open flame, charcoal or embers. f. Flares used to indicate danger to the public. g. Agriculture operations normally conducted at the farm or ranch including, for example, cultivating and harvesting. This shall not include grain elevator operations, feed mill operations or otherpost-harvesting activities normally not conducted on the farm or ranch. h. Emissions from, or construction, or alteration of residential structures, including all buildings or other structures usedprimarily as a place of residence, and including home heating devices. 

### i. (a) noncommercial (in-house) experimental and analytical laboratory equipment which is bench scale innature including quality control/qualityassurance laboratories, process support laboratories, environmental laboratories supporting a manufacturing or industrial facility, and research and development laboratories. (b) research and development activities which are of a small pilot scale and which process less than 10,000 pounds of test material per

### yeari (c) small pilot scale research and development projects less than sixmonths in durationwith controlled actual emissions less than 500 pounds of any criteria pollutant or 10 pounds of any non-criteria reportable pollutant. j. Disturbance of surface areas for purposes of land development, which do not exceed 25contiguous acres and which do not exceed six months in duration. (This does not include mining operations or disturbance of contaminated soil)

. k. Each individual piece of fuel burning equipment, other than smokehouse generators and internal combustion engines, which uses gaseous fuel, andwhich has a design rate less than or equal to 5 million Btuper hour. (See definition of fuel burning equipment, Common Provisions Regulation)

. 1. Internal combustion engines powering portable drilling rigs.

m. Petroleum industry flares, not associated with refineries, combusting natural gas containing no H2S except in trace (less than 500 ppmw) amounts, approvedby the Colorado Oil and Gas Conservation Commission and having uncontrolled emissions of any pollutant of less than five tons peryear.

n. Chemical storage tanks or containers that hold less than 500 gallons, and which have a daily throughput less than 25 gallons.

o. Unpavedpublic andprivate roadways, except for haul roads locatedwithin a stationary source site boundary. p. Sanding of streets and roads to abate traffic hazards causedby ice and snow. q. Openburning activities, except that all reporting andpermitting requirements that apply to such operations must be followed (see Regulation No.1)

.
r. brazing, soldering, or welding operations, except those whichuse leadbased compounds. All welding that occurs strictly for maintenance purposes is exempt.

s. Street andparking lot striping.
t. Battery recharging areas.

u. Aerosol canusage.v. Sawing operations, which are ancillary to facility operations, and are not part of the productionprocess.

w. The process of demolition and re-bricking of furnaces and kilns. This does not include subsequent operationof such furnaces or kilns.

x. Road and lot paving operations at commercial and industrial facilities, except that asphalt and cement batchplants require APENs andpermits, unless exempt under some other paragraph.
y. Adhesive use which is not related to production.

z. Fire training activities.

aa. Caulking operations which are not part of a productionprocess. bb. Landscaping and site housekeeping devices equal to or less than 10 H.P. in size (lawnmowers, trimmers, snow blowers, etc.)

cc. Fugitive emissions from landscaping activities (e.g., weeding, sweeping). dd. Landscaping use of pesticides, fumigants, and herbicides.

ee. Crude oil or condensate loading truck equipment at crude oil production sites where the loading rate does not exceed 10,000 gallons per day averaged over any 30 day period. ff. Emergency events such as accidental fires. gg. Smoking rooms and areas. hh. Plasticpipe welding. ii. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes.jj. Beauty salons. kk. Acetylene, butane, and propane torches. 11. Pharmacies.

mm. Chemical storage areas where chemicals are stored in closed containers, andwhere total storage capacity does not exceed 5000 gallons. This exemption applies solely to storage of such chemicals. This exemption does not apply to transfer of chemicals from, to, orbetween such containers.

nn. Architectural painting and associated surface preparation (except for sandblasting and except for volatile organic compound emissions, associated with surface preparation, above APEN de minimis levels) for maintenance purposes at industrial or commercial facilities.

00. Emissions of airpollutants which are not criteriaor non-criteria reportable pollutants (See Section I.B.38, Part A)

. pp. Janitorial activities andproducts. qq. Groundskeeping activities andproducts.

rr. Sources of odorous emissions which do not utilize emission control equipment for control of odorous 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 RegulationNO.2.

ss. Truck and car wash units.
tt. Office emissions, including cleaning, copying, and restrooms.

uu. Oil productionwastewater (produced water tanks), containing less than 1% by volume crude oil, except for commercial facilities which accept oil productionwastewater for processing.vv. Electricallyoperated curing ovens, drying ovens and similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens.

ww. Equipment used exclusively for portable steam cleaning.

xx. Blast-cleaning equipment using a suspension of abrasive inwater and any exhaust system or collector serving them exclusively. yy. Commercial laundries (except dry cleaners) whichdo not burn liquid or solid fuel.

zz. Storage of butane, propane, or liquified petroleum gas in a vessel with a capacityof less than 60,000 gallons, provided the requirements of RegulationNo.7, Section IV are met, where applicable.

aaa. Storage tanks of capacity < 40,000 gallons of lubricating oils. bbb. venting of compressed natural gas, butane orpropane gas cylinders, with a capacity of 1 gallon or less.

ccc. Fuel storage and dispensing equipment in ozone attainment areas operated solely for company-owned vehicles where the daily fuel throughput is no more than 400 gallons per day, averaged over a 30 dayperiod. ddd. Crude oil or condensate storage tanks with a capacity of 40,000 gallons or less.

eee. Indirect sources are exempt until a permit regulation specific to indirect sources is promulgatedby the Commission. fff. Storage tanks meeting all of the following criteria: (i) annual throughput is less than 400,000 gallons; and (ii) the liquid stored is one of thefollowing: (A) diesel fuels I-D, 2-D, or 4-6; (B) fuel oils #1 through #6; 

### (C) gas turbine fuels I-GT through 4-GT; (D) an oil/watermixture with a vapor pressure lower than that of diesel fuel (Reidvapor pressure of .025 PSIA). ggg. Each individual piece of fuel burning equipment which uses gaseous fuel, and which has a design rate less thanor equal to 10 millionBtuper hour, and which is used solely for heating buildings for personal comfort. hhh. Natural gas vehicle fleet fueling facilities. iii. Electric motors driving equipment at non-commercial machining shops. jjj. Recreational swimmingpools. kkk. Forklifts. 111. Oil and gas exploration andproduction operations (well site and associated equipment) shall provide writtennotice of proposed drilling locations prior to commencement of such operations. APENs are not required until after exploration and/or production drilling, workovers, completions, and testing are finished. If production will result in reportable emissions, the owner or operator shall file an APEN with the Divisionwithin 30 days after the well completion or recompletion report and log is filed with the appropriate state or federal agency. If production will not occur, orproduction will not result in reportable emissions, the owner or operator shall submit writtennotice to the Division indicating that the well was plugged, or that emissions are otherwise not reportable.

mmm. Handling equipment and associatedactivities for glass which is destined for recycling. 2. An APEN must be filed for all incinerators. 3. APENs are required for emergency and backup generators which are ancillary to the main units at electric utility facilities, however, these units maybe included on the same APEN as the main unit. 4.a. None of the exemptions listed inparagraph 1, above, including emission de minimis levels, shall apply if a source would otherwise be subject to any specific federal or state applicable requirement, including, but not limited to, New Source Performance Standards, RegulationNo.7, Prevention of Significant Deterioration (Section IV.D.3., Part B of this RegulationNo.3), nonattainment New Source Review (NSR) requirements (Section IV.D.2.a. of Part B of this Regulation No.3), Title III (including NESHAPS), Title V, and ColoradoMACT or GACT. (If the potential to emit, taking into account full designrate and continuous operation, triggers PSD orNSR requirements, the source must submit anAPEN and apply for the appropriate permit, ormust apply for a permit to limit the physical or operational capacity of the source such that the source is not considered to be a major source as defined in Section I.B.58 of PartAof this regulation.) b. Notwithstandingparagraph 4.a., above, sources which are subject solely to the following requirements, or to a combination of such requirements, are allowed to take exemptions. (i) Sources which are subject to the general opacity standard contained inRegulation No. 1. (ii) Sources which are subject to the general fuel burning, manufacturing process, and fugitive particulate standards contained inRegulationNo. 1 and Part B of Regulation NO.6.(iii) Sources which are not subject to a specific RACT requirement of Regulation No. 7 . (iv) Sources which are subject to Regulation No. 8 NESHAPS and the de minimis level is not exceeded. (v) Sources subject to Regulation No.2, as set forth in section II.D.l.rr. of this Regulation No.3, Part A. APEN exemptions taken under this paragraph do not affect the applicability of the regulations to the source. 5. Any personmay request the Division to examine a particular source category or activity for exemption from APEN orpermit requirements.

a. Such requests shall bemade separately from the permit application reviewprocedure. b. Such requests shall include documentation indicating that emissions from the source category or activityhave a negligible impact on air quality andpublic health in Colorado, based on, but not limited to, the following criteria. (i) Emissions from the source or activity are below the APEN orpermit emission de minimis levels set forth in this Regulation No.3; or (ii) the existing Division emission inventory is sufficient to indicate that the source or activity has a negligible impact; or (iii) for permit exemptions, criteria (i) and/or (ii) are met, and the source or activity has no applicable requirement which applies to it, and the Division finds that monitoring or recordkeeping are not necessary. (iv) Exemptions shall not be granted for any source or activitywhich is sUbject to anyfederal applicable requirement. The Division shall determine on a case by case basis if sources or activities subject to state only regulations maybe granted an exemption.

c.None of the activities submitted as exemptionrequests to the Divisionmaybe takenby a source until the Commissionhas duly adopted the exemptions as revisions to this RegulationNo. 3 and EPA has approved the exemption requests. d. The Division will annually submit the list of requested exemptions to the Commission for adoption and the EPA for approval, along with the DivisionIs preliminary determinationof the appropriateness of each request for exemption.

e. In order to be made a part of the Division's annual submission in a particular year, a source must submit its request(s) for exemption, along with all the required documentation supporting such request, no later thanAugust 1 of that year. 6. Commercial (for-hire) laboratories whose primary responsibilities are toperform qualitative or quantitative analysis on environmental, clinical, geological, forensic, or process samples may estimate emissions for purposes of APEN reportingbasedupon a mass balance calculationutilizing inventoryand purchase records of solvents and reagents. Such laboratories may, at their discretion, group emissionpoints if such groupingmeets the grouping criteria outlined in this regulation. All inert samples are exempt from APEN reporting. Emissions from samples subjected to analysis provided to such laboratories for analysis and testing, and byproducts that result from sample testing, are exempt from APEN reporting, provided such samples subjected to analysis are less than 5 gallons for liquids, or 5 pounds for solids. 7. Research and development activities which do not fall within the small scale exemption in section II.D.l.i. may estimate emissions for purposes of APEN reportingbasedupon either amass balance calculationutilizing inventory and purchase records, or best engineeringjudgment. Such facilities may file anAPEN or revisedAPEN on an annual basis byApril 30 of the year following the project's conclusion for each project that is not exempt under section II.D.1.i., irrespective of section II.C. herein (revisedAPEN requirements). suchAPENs shall be filed on a perproject basis and shall be based on controlled actual emissions. E. Deferrals of APEN Requirements for Non-Criteria Reportable Pollutants 1. APEN reporting requirements for the following source categories are deferred until sixmonths from the date any federa·l emissions studies are completedor byDecember 31, 1995, whichever is earlier:

a. Utility and non-utility industrial boilers b. Municipal power generators of less than ten (10) megawatts which are operated for 250 hours or less peryear 2. APEN reporting requirements for the following source categories are deferred until sixmonths from the date any national emissions studies are complete or byJuly 31, 1995, whichever is earlier:

a. Facilities that treat municpal-type wastewater b. Publicly owned treatment plants 3. Additional deferrals maybe grantedby the Divisionon a case by case basis if it determines that reporting is infeasible due to technical limitations. It will be up to the facility owner or operator to demonstrate to the Division why a deferral shouldbe allowed. Such deferrals may only apply to specific points orprocesses within the facility, not the entire facility, unless the facility has only one point orprocess. Footnote: