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State Implementation Plans 

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'I Regula IRegulation No. 03 "Air Contaminant Emissions Notices" - Part A i 

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--Rule-Air PojlutantEmission Notice (APEN) Requirements-­

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_. n_#:II .. __ __ Order: 

II. Air Pollutant Emission Notice (APEN) Requirements 

A. APENs for New, Modified, and Existing Sources 

Except as specifically exempted in Subsection
 

II.D., no person shall allow emission of air
 
pollutants from, or construction, modification or 

alteration of, any facility, process, activity 

whicn constitutes a stationary source, except 

residential structures, from which air pollutants 

are, or are to be, emitted unless and until an Air 

Pollutant Emission Notice (APEN) and the associated 

APEN fee has been filed with the Division with 

respect to such emission. Each such notice shall 

specify the location at which the proposed 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 based upon actual 

test data or, in the absence of such data upon 

estimations acceptable to the Division. The 

following alternative estimate methods, 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 emission monitoring will 

not be required solely to meet the APEN 

reporting requirements. 

An owner or operator shall provide a 

justification to the Division for not using 

any methods which are higher on the list than 

the method the owner or operator proposes 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 Regulation No.3, Part A. 
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. 

Applications for Construction Permits must 

include an APEN. 

2. APEN Term 

An APEN is valid for a period of five years. The 

five year period recommences when a revised APEN 

is received by the Division. 

3. Source Definition 

For the purposes of APEN reporting, a source will 

be considered to be an individual emission point, 

or group of points pursuant to paragraph 4, 

below. 

a. Criteria Pollutants 

For criteria pollutants, APENs are required 

for: each individual emission point in a 

nonattainment area with uncontrolled actual 

emissions of 1 ton per year or more of any 

individual criteria pollutant (pollutants are 

not summed); each individual emission point in 

an attainment area with uncontrolled actual 

emissions of 2 tons per year or more of any 

individual criteria pollutant (pollutants are 

not summed); each individual emission point 

with uncontrolled actual emissions of lead 

greater than 100 pounds per year, 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 in Appendix 

A. 

4. Source Grouping 

Grouping of multiple emission points on a single 

APEN shall be allowed as often as possible, 

provided the overall goals of receiving accurate 
and verifiable emissions information are not 

compromised. 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 of equipment or processes 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 criteria pollutantsi 

b. each of the aggregated sources share a
 

similar location within the facilitYi
 

c. similar sources regulated under the New 

Source Performance Standards (NSPS, Regulation 

No.6) and non-NSPS sources should not be 

groupedi 

d. none of the individual sources is required 

to monitor emissions through the use of 

continuous emission monitorsi 

e. each of the individual emission points has 

fuel usage, production, and a consumption 

level which are indistinguishable from the 

other points which have been grouped on the 

APENi 

f. none of the individual sources grouped on 

the APEN has previously been issued its own 

separate emissions permit. 

The Division maintains its authority to require 

individual separate APENs for any process or 

activity. 

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. 
5. Uncontrolled Actual Emissions 

Uncontrolled actual emissions, for the purposes 

of APEN reporting and construction permit 

requirements, means the annual emission rate 

corresponding to the annual process rate listed 

on the APEN form, without consideration of any 

emission control equipment or procedures. 

The Division may allow a source to forego 

calculating or estimating its uncontrolled actual 

emissions of hazardous pollutants upon a showing 

by the source and a determination by the Division 

that the creation of such 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. 

6. APENs and revised APENs shall be based on
 

calendar years (January through December) .
 

7. The emissions noted on the current APEN on 

file with the Division shall be used for emission 

fee calculations as described in Section VI. 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. Criteria pollutants are: carbon monoxide, 

nitrogen oxides, sulfur dioxide, PM-10, total 

suspended particulates, ozone, volatile organic 

compounds, lead, fluorides, sulfuric acid mist, 

hydrogen sulfide, total reduced sulfur, reduced 

sulfur compounds, municipal waste combustor 

organics, municipal waste combustor metals, and 

municipal waste combustor acid gases. 

10. For existing sources, APENs for non-criteria 

reportable pollutants listed in Appendix B shall 

be submitted to the Division no later than 

December 31, 1993. APENs for non-criteria 

reportable pollutants listed in Appendix C shall 

be submitted no later than December 31, 1994. 

C. Revised APENs 
1. A revised APEN shall be filed: 

a. annually whenever a significant change in 

emissions occurs, as defined below 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 (revised APENs are not required for 

routine maintenance, repair, or replacement of 

control equipment); or 

d. whenever a permit limitation must be
 

modified; or
 

e. before the APEN expires. 

f. A revised APEN is not required whenever the 

location of 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 received by 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. A revised APEN is not required for 

emergency or backup generators which are 

ancillary to the main units at electric 

utility facilities, and which have a permit 

under Part C or D of Title I, or Title V of 

the Federal Act. 

h. A revised APEN 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 not 
considered 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 revised APEN, 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 any non-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 criteria pollutants: 

(i) For sources emitting less than 100 tons 

per year, a change in actual emissions of 

five tons per year or more, above the level 

reported on the last APEN submitted to the 

Division, of any such air pollutant; or 

(ii) For VOC sources in ozone nonattainment 

areas emitting less than 100 tons of VOC per 

year, a change in actual emissions of one 

ton per year or more 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 per year 

or more, a change in actual emissions of 

five percent or 50 tons per year or more, 

whichever is less, above the level reported 

on the last APEN submitted to the Division, 

of any such air pollutant; 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 Revised APEN submittals 

a. Revised APENs shall be submitted no later 

than within 30 days before the five year term 

expires. 

b. Owners or operators of sources which are 
required to obtain a permit revision must file 

a revised APEN, along with a request for 

permit revision. A revised permit must be 

obtained before the change at the source 

occurs. 

c. Sources submitting revised APENs to inform 

the Division of a change in actual emission 

rates must do so by April 30 of the following 

year (e.g., a change in emissions in calendar 

year 1993 must be reported by April 3D, 1994). 

d. APENs for changes in control equipment must 

be submitted before 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 emission points in nonattainment 

areas having uncontrolled actual emissions of 

any criteria pollutant of less than one tone 

per year, and individual emission points in 

attainment areas having uncontrolled actual 

emissions of any criteria pollutant of less 

than two tons per year, and each individual 

emission point with uncontrolled actual 

emissions of lead less than 100 pounds per 

year, regardless of where the source is 

located. 

b. Individual emission points of non-criteria 

reportable pollutants having uncontrolled 

actual emissions less than the de minimis 

levels as determined following the procedures 

set forth in Appendix A. 

c. Air conditioning or ventilating systems not 

designed to remove air pollutants generated by 

or released from other processes 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 at 
commercial 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 or using 

charcoal or other fuel, upon which grease 

drips down upon 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 other post-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 

used primarily as a place of residence, and 

including home heating devices. 

i. 

(a) noncommercial (in-house) experimental 

and analytical laboratory equipment which is 

bench scale in nature including quality 

control/quality assurance 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 six months in 

duration with 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 25 
contiguous 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, and which has a design rate less 

than or equal to 5 million Btu per 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, approved by the Colorado 

Oil and Gas Conservation Commission and having 

uncontrolled emissions of any pollutant of 

less than five tons per year. 

n. Chemical storage tanks or containers that 

hold less than 500 gallons, and which have a 

daily throughput less than 25 gallons. 

o. Unpaved public and private roadways, except 

for haul roads located within a stationary 

source site boundary. 

p. Sanding of streets and roads to abate 

traffic hazards caused by ice and snow. 

q. Open burning activities, except that all 

reporting and permitting requirements that 

apply to such operations must be followed (see 

Regulation No.1) . 

r. brazing, soldering, or welding operations, 

except those which use lead based compounds. 

All welding that occurs strictly for 

maintenance purposes is exempt. 

s. Street and parking lot striping. 

t. Battery recharging areas. 

u. Aerosol can usage. 
v. Sawing operations, which are ancillary to 

facility operations, and are not part of the 

production process. 

w. The process of demolition and re-bricking 

of furnaces and kilns. This does not include 

subsequent operation of such furnaces or 

kilns. 

x. Road and lot paving operations at 

commercial and industrial facilities, except 

that asphalt and cement batch plants require 

APENs and permits, 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 production process. 

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. Plastic pipe 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, and where 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, or between 

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 air pollutants which are not 

criteria	 or non-criteria reportable pollutants 

(See Section I.B.38, Part A) . 

pp. Janitorial activities and products. 

qq. Groundskeeping activities and products. 

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 

Regulation NO.2. 

ss. Truck and car wash units. 

tt. Office emissions, including cleaning, 

copying, and restrooms. 

uu. Oil production wastewater (produced water 

tanks), containing less than 1% by volume 

crude oil, except for commercial facilities 

which accept oil production wastewater for 

processing. 
vv. Electrically operated 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 in water and any 

exhaust system or collector serving them 

exclusively. 

yy. Commercial laundries (except dry cleaners) 

which do not burn liquid or solid fuel. 

zz. Storage of butane, propane, or liquified 

petroleum gas in a vessel with a capacity of 

less than 60,000 gallons, provided the 

requirements of Regulation No.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 

or propane 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 day period. 

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 promulgated by 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 the 
following: 

(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/water mixture with a vapor 

pressure lower than that of diesel fuel 

(Reid vapor pressure of .025 PSIA). 

ggg. Each individual piece of fuel burning 

equipment which uses gaseous fuel, and which 

has a design rate less than or equal to 10 

million Btu per 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 swimming pools. 

kkk. Forklifts. 

111. Oil and gas exploration and production 

operations (well site and associated 

equipment) shall provide written notice 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 Division within 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, 

or production will not result in reportable 

emissions, the owner or operator shall submit 

written notice to the Division indicating that 

the well was plugged, or that emissions are 

otherwise not reportable. 

mmm. Handling equipment and associated 
activities 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 may be included on the same APEN as the 

main unit. 

4. 

a. None of the exemptions listed in paragraph 

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, Regulation No.7, Prevention of 

Significant Deterioration (Section IV.D.3., 

Part B of this Regulation No.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 Colorado MACT or GACT. 

(If the potential to emit, taking into account 

full design rate and continuous operation, 

triggers PSD or NSR requirements, the source 

must submit an APEN and apply for the 

appropriate permit, or must 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 Part A of this regulation.) 

b. Notwithstanding paragraph 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 in Regulation No. 

1. 

(ii) Sources which are subject to the 

general fuel burning, manufacturing process, 

and fugitive particulate standards contained 

in Regulation No. 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 person may request the Division to examine 

a particular source category or activity for 

exemption from APEN or permit requirements. 

a. Such requests shall be made separately from 

the permit application review procedure. 

b. Such requests shall include documentation 

indicating that emissions from the source 

category or activity have a negligible impact 

on air quality and public health in Colorado, 

based on, but not limited to, the following 

criteria. 

(i) Emissions from the source or activity 

are below the APEN or permit 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 activity which is sUbject to any 
federal applicable requirement. The 

Division shall determine on a case by case 

basis if sources or activities subject to 

state only regulations may be granted an 

exemption. 

c. None of the activities submitted as 

exemption requests to the Division may be 

taken by a source until the Commission has 

duly adopted the exemptions as revisions to 

this Regulation No. 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 determination of 

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 than August 1 of that year. 

6. 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 of APEN reporting based upon a mass 

balance calculation utilizing inventory and 

purchase records of solvents and reagents. Such 

laboratories may, at their discretion, group 

emission points if such grouping meets 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 reporting based upon either a 
mass balance calculation utilizing inventory and 

purchase records, or best engineering judgment. 

Such facilities may file an APEN or revised APEN 

on an annual basis by April 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 

(revised APEN requirements). such APENs shall be 

filed on a per project 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 six months 

from the date any federa·l emissions studies are 

completed or by December 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 per year 

2. APEN reporting requirements for the following 

source categories are deferred until six months 

from the date any national emissions studies are 

complete or by July 31, 1995, whichever is 

earlier: 

a. Facilities that treat municpal-type 

wastewater 

b. Publicly owned treatment plants 

3. Additional deferrals may be granted by the 

Division on 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 should be allowed. Such deferrals may 

only apply to specific points or processes within 

the facility, not the entire facility, unless the 

facility has only one point or process. 

Footnote: