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© 2008 State of Colorado 

All Rights Reserved 

Regulation Number 3 

Style Guide 

31 CR 4, 04-08 Page 1 

Many provisions of this Regulation Number 3 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 Air Quality Control Commission and are currently under review by the U.S. EPA 

*Italicized text will become effective when the U.S. EPA approves that language for incorporation into 

the state implementation plan 

* Underlined text will be effective until the U.S. EPA approves the italicized text for incorporation into 

the state implementation plan 

PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND 

PERMITTING 

I. Applicability 

lA The provisions of this Part A shall apply statewide to all sources of air pollutants except as 

otherwise provided herein. 

The portions of Regulation Number 3 printed in italics are not effective until the date on which the 

US. EPA promulgates a final rule adopting the revisions to Regulation Number 3 as a permanent part 

of the state implementation plan. 

All sources of air pollutants that have previously obtained an emissions permit (prior to July 1, 1992) 

or a construction permit, and are subject only to the Part 8 Construction Permit Program, may choose 

to reapply for a new construction permit pursuant to Part 8 of this Regulation Number 3 in order to 

obtain the operational flexibility provided in Section IV. of this Part A, or to obtain federally enforceable limitations to limit the source's potential to emit ("synthetic minor"). Sources of air pollutants that 

are subject only to the Part 8 Construction Permit Program may voluntarily apply for an Operating 

Permit pursuant to Part C. 

Pursuant to Colorado Revised Statutes Section 24-4-103 (12.5), materials incorporated by reference 

are available for public inspection during normal business hours, or copies may be obtained at a reasonable cost from the Technical Secretary of the 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 of the date this regulation is promulgated or revised by the Commission and references do not include later amendments to or editions of the incorporated materials. 

1.8. Definitions 

1.8.1. Administrative Permit Amendment 

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 

of any person identified in the permit, or provides a similar minor 

administrative change at the source; S U ~:':: ;·2 ': :-'- _ __, 

CODE OF COLORADO REGULATIONS 
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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 or operational control of a 

source where the Division determines that no other change in the 

permit is necessary, provided that a written agreement containing a 

specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the 

Division; 

1.8.1.b. An administrative permit amendment for purposes of the acid rain portion of 

a permit shall be governed by regulations promulgated under Title IV of the 

Federal Act, found at Code of Federal Regulations Title 40, Part 72. 

1.8.2. Administrator 

The administrator of the U.S. Environmental Protection Agency (U.S. EPA). 

1.8.3. Adverse Environmental Effect 

As a term used in the context of regulating hazardous air pollutants, any significant and widespread adverse effect, that may reasonably be anticipated, to wildlife, aquatic life, or other 

natural resources, including adverse impacts on populations of endangered or threatened 

species or significant degradation of environmental quality over broad areas. 

1.8.4. Affected States 

All states whose air quality may be affected by issuance of an operating permit, operating 

permit modification, or operating permit renewal and that are contiguous to Colorado; and/or 

all states that are within fifty miles of a permitted source. 

1.8.5. Affected Unit 

A unit that is subject to any acid rain emissions reduction requirement or acid rain emissions 

limitation pursuant to Title IV of the 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 

of the Federal Act (Regulation Number 6), all hazardous air pollutants, and all class I and 

class II ozone depleting compounds as defined and referenced in Section 602 of the Federal 

Act. 

1.8.7. Allowable Emissions 

The emissions rate of a stationary source calculated using the maximum rated capacity of the 

source (unless the source is subject to federally enforceable, or enforceable as a practical 

matter, permit conditions that restrict the operating rate or hours of operation, or both) and 

the most stringent of the 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 
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All Rights Reserved 

31 CR 4, 04-08 Page 3 

1.8.7.b. The applicable Colorado Emission Control Regulation; or 

I. B. 7.c. The emissions rate specified as a federally enforceable, or enforceable as a 

practical matter, permit condition, including those with a future compliance 

date. 

1.8.8. Annual Actual Emissions 

The actual rate of emissions of a 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 of materials processed, stored, 

or combusted during the calendar year. 

1.8.9. Applicable Requirement 

Means all of the following as they apply to emissions units in a source subject to operating 

permit requirements of this regulation (including requirements that have been promulgated or 

approved by the U.S. EPA through rulemaking at the time of permit issuance but have future 

effective compliance dates); 

1.8.9.a. Any term or condition of any construction permit issued pursuant to Part 8 of 

this Regulation Number 3, or any such term or condition as modified by procedures authorized by the operating permit program pursuant to Parts 8 and 

C of this Regulation, or any permit issued under Part C or Part D of the Federal Act, except that state-only permit terms or conditions shall remain enforceable solely pursuant to state law; 

1.8.9.b. Any standard or other requirement provided for in the state implementation 

plan; 

1.8.9.c. Any standard or other requirement under Section 111 of the Federal Act 

(New Source Performance Standards), including Section 111 (d) of the Federal Act (Standards of Performance for existing sources) (Regulation Number 

6); 

1.8.9.d. Any standard or other requirement under Section 112 of the Federal Act 

(hazardous air pollutants, including any requirement concerning accident 

prevention under Section 112(r)(7) of the Federal Act) (Regulation Number 8) 

but not including the contents of any risk management plan required under 

Section 112(r) of the 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 pursuant to Sections 504(b) or 114(a)(3) of the Federal Act; 

1.8.9.f. Any standards or other requirement under the 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 of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Federal Act, except where the Ad-. 

~~ tn~;-<::~f~:. -, - \A ~- ._. ~ .,_. ..... _. v. ..... ' .. _. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Colorado Suoreme Court library 
Page 4 31 CR 4, 04-08 

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 or visibility requirement under Part C of Title I of the Federal Act, but only as it would apply to 

temporary sources permitted pursuant to Part C of this Regulation Number 3. 

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 of physical onsite construction of 

the source, or (b) entered into binding agreements or contractual obligation that cannot be 

cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. The following activities do not require the owner or operator to obtain a permit: 1) planning; 2) site 

clearing and grading; 3) ordering of equipment and materials; 4) storing of equipment; 5) setting up temporary trailers to house construction management staff and contractor personnel; 

6) engineering and design; and 7) geotechnical investigation. In the event that the source 

does not qualify for issuance of a permit, the owner or operator accepts the financial risk of 

commencing these activities. 

1.8.11. Commencement of Operation 

A new source commences operation when it first conducts the activity that it was designed 

and permitted for (i.e., producing cement or generating electricity). 

I. 8.12. Construction Permit 

Means the same as an emission permit as required under Part 8 of this regulation as it existed prior to July 1, 1992, and is the permit required under Colorado Revised Statutes Section 25-7-114.2 after July 1, 1992. 

I. 8.13. Continuous Emissions Monitoring System (GEMS) 

All of the equipment that is required to meet the data acquisition and availability requirements 

of Part 0 of this Regulation or of a permit issued in accordance with Parts B or C of this regulation, to sample, condition (if applicable), analyze, and provide a record of emissions on a 

continuous basis. 

1.8.14. Continuous Emissions Rate Monitoring Systems (GERMS) 

The total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 

I. 8.15. Continuous Parameter Monitoring System (CPMS) 

All of the equipment necessary to meet the data acquisition and availability requirements of 

Part 0 of this Regulation, to monitor process and control device operational parameters (for 

example, control device secondary voltages and electric currents) and other information (for 

example, gas flow rate, 02 or C02 concentrations), and to record average operational parameter value(s) on a continuous basis. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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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 precursor to 

ozone), sulfur dioxide, PM10, PM2.5, total suspended particulate matter, ozone, volatile organic compounds (as a precursor to ozone), and lead. 

For the purposes of Air 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 combustor acid gases. 

1.8.17. Designated Representative 

Means a responsible natural person authorized by the owners and operators of an affected 

source and of all affected units at the source, as evidenced,by a certificate of representation 

submitted in accordance with Subpart 8 of Code of Federal Regulations, Title 40, Part 72, to 

represent and legally bind each owner and operator, as a matter of law, in matters pertaining 

to the acid rain program. Whenever the term responsible official is used, it shall be deemed 

to refer to the designated representative with regard to all matters under the acid rain program. 

1.8.18. DraftPermit 

Means a proposed form of a permit that is released to the public for an opportunity for public 

comment and hearing, and for affected state review prior to 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 of a construction permit prior to the effective date of applicable requirements. 

1.8.20. Fugitive Dust 

For purposes of this Regulation Number 3, fugitive dust means soil or other airborne particulate matter (excluding particulates produced directly during combustion) resulting from natural 

forces or from surface use or disturbance, including, but not limited to, all dust from agriculture, construction, forestry, unpaved roads, mining, exploration, or similar activities in which 

earth is either moved, stored, transported, or redistributed; except that fugitive dust shall not 

include any fraction of such soil or other airborne particulate matter that is of a size or substance to adversely affect public health or welfare. 

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 of air pollutants that might reasonably be expected to interfere with the 

attainment and maintenance of National Ambient Air Quality Standards. 

I~OV 2210 

CODE OF COLORADO REGULATIONS 
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1.8.23. Major Source 

Any stationary source or group of stationary sources belonging to the same industrial grouping (see Section I. 8.41. of this Part A), that are located on one or more contiguous or adjacent properties and are under common control of the same person (or persons under common control) that: 

1.8.23.a. Directly emits, or has the potential to emit considering enforceable 

1.8.23.b. 

controls, in the aggregate, ten tons per year or more of any hazardous air 

pollutant or twenty-five tons per year or more of any combination of hazardous air pollutants, or such lesser quantity of hazardous air pollutants as may 

be established pursuant to the Federal Act. Emissions from any oil or gas 

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 under common control, to determine whether such units or 

stations are major sources, and in the case of any oil or gas exploration or 

production well (with its associated equipment), such emissions shall not be 

aggregated for any purpose under this 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 of any air pollutant. Fugitive emissions shall not be considered 

in determining whether a source is a major stationary source for purposes of 

this Section 1.8.23.b., unless the source belongs to one of the following categories of stationary 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 of charging more than 250 

tons of refuse 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; 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

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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 a total 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 of more 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 of August 7, 1980 under Section 111 or 112 of 

the Federal Act, but only with respect to those air pollutants that 

have been regulated for that category. 

I.B.23.c. Meets any of the definitions of major stationary source set forth in 

Section II.A.25. of Part D of this Regulation Number 3. 

I.B.24. Minor Source 

Any stationary source that does not qualify as a major source (as defined in Section I.B.23. 

above). 

I.B.25. Mobile Source 

Motor vehicles and other sources of air 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}, but does not include 

portable sources. 

I.B.26. Modification 

Any physical change in, or change in the method of operation of, a stationary source that 

does not meet the definition of major modification (as defined in Section II.A.23. of Part D of 

this regulation), and that increases the emission rate of any pollutant for which a federal or 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 8 31 CR 4, 04-08 

state emission standard has been promulgated or that results in the emission of any 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 if such increase does not 

exceed the design capacity of the source and does not lead to emissions in excess of the emission standards; 

1.8.26.b.(ii) An increase in the hours of operation that does not lead to 

emissions in excess of the emission standards. 

1.8.26.b.(iii) Use of an alternative fuel or raw material by reason of an order in effect under Sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 (or any superseding 

legislation), a prohibition under the Federal Power Plan and Industrial Fuel Act of 1978 (or any superseding legislation) or by reason of 

a natural gas curtailment plan in effect pursuant to the Federal 

Power Act; 

1.8.26.b.(iv) Use of an alternative fuel by reason of an order or rule under 

Section 125 of the Federal Act; or 

1.8.26.b.(v) Change in ownership of the 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 of major modification 

or minor permit modification (as defined in Section I.A.2. of Part C of this 

regulation)-- these are distinct and separate definitions. 

1.8.26.e. Any physical change or change in the method of operation at a 

source with an operating permit issued pursuant to Part C of this Regulation 

Number 3, that does not constitute a major modification (as defined in Part D, 

Section II.A.23. of this Regulation Number 3) and that does not trigger new 

source performance standards or hazardous air pollutant requirements under 

the Federal Act is not considered to be a modification; except that any such 

change shall trigger the 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. or Xll.8., as 

appropriate. 

for Administrative Permit Amendment see Section 1.8.1. of Part A 

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 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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for Permit Revision, see Section 1.8.32. of Part A 

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; or any source that resumes 

operation after being inactive for more than one year after having been shut down for the 

purpose of eliminating emissions that violated any applicable emission control regulation or 

regulation for the 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 of the Federal Act. 

1.8.29. Non-Road Engine 

1.8.29.a. Except as discussed in Section 1.8.29.b. of this definition, a non-road 

engine is an internal combustion engine: 

1.8.29.b. 

1.8.29.a.(i) In or on a piece of equipment that is self-propelled or serves 

a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or 

1.8.29.a.(ii) In or on a piece of equipment that is intended to be propelled 

while performing its function (such as lawnmowers and string trimmers); or 

1.8.29.a.(iii) That, by itself or in or on a piece of equipment is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. Indicia of transportability 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 motor vehicle or a vehicle 

used solely for competition, or is subject to standards promulgated 

under Section 202 of the Federal Act; or 

1.8.29.b.(ii) The engine is regulated by a federal New Source Performance Standard promulgated under Section 111 of the Federal Act; or 

1.8.29.b.(iii) The engine otherwise included in Section 1.8.29.a.(iii) of this 

definition remains or will remain at a location for more than twelve 

consecutive months or a shorter period of time 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 or similar function 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 of the seasonal source. A seasonal 

source is a stationary source that remains in a sie~l~,lg,c~aJi~~~~ a ,._.. .__ t-· .._. l \,;' ~ \J -- a 

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

31 CR 4, 04-08 

permanent basis (i.e., at least two 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 after the engine is removed from 

the location. 

Non-road engines not co-located at an existing major source 

An operator of a non-road engine as defined in Section 1.8.29.a.(iii), above, 

with a manufacturer's site-rated horsepower of 1,200 or greater, or an aggregation of such non-road engines each with a manufacturer's site-rated 

horsepower of 1,200 or greater, that operate more than 4,380 hours per year 

at the same location are subject to the following state-only requirements: 

1.8.29.c.(i) Submit an air pollutant emission notice and pay the appropriate fees pursuant to Section VI. of Part A of this regulation; 

1.8.29.c.(ii) Submit an application for a site-specific, temporary, non-road 

engine permit on forms supplied by the Division if the estimated annual actual emissions reported on the Air Pollutant Emission Notice, 

as required by Section I.B.29.c.(i), are equal to or exceed one hundred tons per year or more of nitrogen oxides, 1 00 tons per year or 

more of carbon monoxide, or forty tons per year or more of sulfur dioxide. After receipt and review of a complete application, the Division shall issue a state-only non-road engine permit containing such 

terms and conditions as are necessary to protect the ambient air 

quality standards. 

I.B.29.c.(iii) The operator of a non-road engine that is exempt based on ( 

hours of operation or the annual emissions thresholds described 

above, must maintain sufficient records to verify that the engine or 

engines are exempt from 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 of a non-road engine or aggregation of engines 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) of this 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. of this Part; 

1.8.29.d.(ii) Submit an application for a site-specific, temporary, stateonly non-road engine permit on forms supplied by the Division if the 

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 per year or more of carbon monoxide, or forty tons per year or 

more of sulfur dioxide. After receipt and review of a complete application, the Division shall issue a temporary state-only non-road engine permit containing such terms and conditions as are necessary 

to protect the ambient air quality standards. 

CODE OF COLORADO REGULATIONS 

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1.8.29.d.(iii) The operator of a non-road engine that is 1,200 horsepower 

or greater, but is exempt on the basis of the annual emissions 

thresholds described above, must maintain sufficient records to verify that the engine or engines are exempt from 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 of permits covering an operating 

permit source that is issued, renewed, amended or revised pursuant to Part C of this Regulation Number 3. 

1.8.31. Operating Permit Source 

Any source subject to the permitting requirements of Part C of this regulation. 

1.8.32. Permit Revision 

Any permit modification, minor permit modification, or administrative 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 under any other applicable 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 of air pollutants (including 

fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or 

disposal. This definition does not include recycling (other than certain "in-process recycling" 

practices), energy recovery, treatment, or disposal. 

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 of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment and restrictions on hours of operation or on 

the type or amount of material com busted, stored, or processed, shall be treated as part of its 

design if the limitation or the 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) 

All of the equipment necessary to monitor process and control device operational parameters 

(for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, 02 or C02 concentrations), and calculate and record the mass 

emissions rate (for example, lblhr) on a continuous basis. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 12 31 CR 4, 04-08 

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 or state ambient air quality standard has been promulgated; any pollutant 

that is subject to any standard promulgated under Section 111 of the Federal Act (Regulation 

Number 6); any class I or II substance subject to a standard promulgated under or established by Title VI of the Federal Act; any pollutant subject to a standard promulgated under 

Section 112 or other requirements established under Section 112 of the Federal Act, including Sections 112(g), U), and (r) of the Federal Act; and any pollutant subject to a standard 

promulgated pursuant to Colorado Revised Statutes Section 25-7-109.3(5)(a), (state-only 

hazardous air pollutants listed in Section 25-7-1 09.3(5)(a) are subject to state enforcement 

only and do not trigger enforcement by the Administrator or by citizens under Section 304 of 

the Federal Act.) 

Once a source becomes subject to the operating permit requirements, regulated air pollutants 

must be addressed in the permit application and in the permit. 

1.8.38. Responsible Official 

One of the following: 

I. 8.38.a. For a corporation: a president, secretary, treasurer, or vice president 

of the corporation in charge of a principal business function, or any other 

person who performs similar policy or decision making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, 

production, or operating facilities applying for or subject to 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 of authority to such representative is approved in advance by the Division; 

1.8.38.b. For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively; 

1.8.38.c. For a municipality, state, federal, or other public agency; either a 

principal executive officer, or ranking elected official. For the purposes of this 

section, a principal executive officer of a federal agency includes the chief 

executive officer having responsibility for the overall operations of a principal 

geographic unit of the 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 under Title IV of the Federal Act 

or the 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 under Title IV of the Federal 

Act or the Code of Federal Regulations Title 40, Part 72 for any other 

purposes under the Code of Federal Regulations Title 40, Part 70. 

1.8.39. Schedule of compliance 

A schedule of required measures, including an enforceable sequence of actions or operations, leading to compliance with an applicable state implementation plan, emission standard, 

emission limitation, emission prohibition, or emission control regulation. 

1.8.40. State-only Condition 

Means any standard, term or condition that is not required by Part C of this regulation (Title V 

Operating Permits), Part D of this regulation (major New Source Review), Title Ill (hazardous 

air pollutants) or Section 111 (New Source Performance Standards) of the 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 order to create a synthetic minor source (as defined in Section I.A. of this Part), or is otherwise more stringent than a requirement under the Federal Act. 

1.8.41. Stationary Source 

Any building, structure, facility, or installation, or any combination thereof belonging to the 

same industrial grouping, that emits or may emit any air pollutant subject to 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 under common control. Those emissions resulting directly from an internal combustion engine for transportation purposes or 

from a non-road engine as defined in Section 1.8.29. of this Part shall not be considered a 

stationary source. Building, structures, facilities, equipment, and installations shall be considered to belong to the same industrial grouping if they 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 at the office of the Director 

of the Air Pollution Control Division, Department of Public Health and Environment, 4300 

Cherry Creek Drive South, Denver, Colorado 80246-1530. 

for Affected Source see Section I.A.1. of Part C 

for Existing Source, see Section I. 8.19. of Part A 

for Indirect Source, see Section 1.8.22. of Part A 

for Major Source, see Section 1.8.23. of Part A 

for Major Stationary Source, see Section II.A.25. of Part D 

for Minor Source, see Section 1.8.24. of Part A 

for Mobile Source, see Section 1.8.25. of Part A 

for New Source, see Section 1.8.27. of Part A 

for Portable Source, see Section 1.8.34. of Part A 

for Temporary Source, see Section 1.8.42. of Part A 

1.8.42. Temporary Source 

A source in operation for not more than two years in duration unless the Division determines 

that a longer time 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 of any emission control equipment or procedures. 

The Division may allow a source to forego calculating or estimating its uncontrolled actual 

emissions of hazardous air 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. 

1.8.44. Wet Screening Operations 

A screening operation at a nonmetallic mineral processing plant that removes unwanted material or that separates marketable fines from the product by a washing process that is designed and operated at all times such that water is an integral part of the process and the 

product is saturated with water. Screens that use spray bars for the purposes of dust control 

are not included in this definition. 

II. Air Pollutant Emission Notice (APEN) Requirements 

II .A Air Pollutant Emission Notices for New, Modified, and Existing Sources 

( 

Except as specifically exempted in Section II.D., no person shall allow emission of air pollutants from, 

or construction, modification or alteration of, any facility, process, or activity which 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 and the associated Air Pollutant Emission Notice 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 Air Pollutant 

Emission Notice form. 

II.B. General 

11.8.1. Emission Estimate 

The Air Pollutant Emission Notice shall include an estimate of the annual 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: 

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 or emission monitoring will not be required solely to meet the Air Pollutant Emission Notice reporting requirements. 

An owner or operator shall provide a justification to the Division for not using any 

methods that are higher on the list than the method the owner or operator proposes 

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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.C.2. of this 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. 

11.8.2. Air Pollutant Emission Notice Term 

An Air Pollutant Emission Notice is valid for a period of five years. The five-year period recommences when a revised Air Pollutant Emission Notice is received by the Division. 

11.8.3. APEN Applicability 

For the purposes of Air Pollutant Emission Notice applicability, a source will be considered to 

be an individual emission point, or group of points pursuant to Section 11.8.4. of this Part A 

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 of one ton 

per year or more of any 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 of two 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 one hundred pounds per year, regardless of where 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 point with uncontrolled actual emissions that exceed the de 

minimis levels as determined following the procedures set forth 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 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 Air Pollutant Emission Notice provided the individual sources of emissions meet the following guidelines: 

11.8.4.a. All of the aggregated sources have identical source classification codes and 

emission factors for criteria pollutants; 

11.8.4.b. Each of the aggregated sources share a similar location within the facility; 

11.8.4.c. Similar sources regulated under the New Source Performance Standards 

(Regulation Number 6) and non-New Source Performance Standard sources 

should not be grouped; 

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II.B.4.d. None of the individual sources is required to monitor emissions through the 

use of continuous emission monitors; 

II.B.4.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 Air Pollutant Emission Notice; 

II. 8.4. f. None of the 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 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. 

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 current Air Pollutant Emission Notice on file with 

the Division shall be used for emission fee calculations as described in Section VI. of this Part A. 

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.Annually whenever a significant change (as defined in Section II.C.2.) in annual actual emissions occurs; or 

II.C.1.b. Whenever there is a change in the owner or operator of any facility, process, 

or activity; or 

II.C.1.c. Whenever new control equipment is installed, or whenever a different type of 

control equipment replaces an existing type of control equipment (revised Air 

Pollutant Emission Notices are not required for routine maintenance, repair, 

or replacement of control 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 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 ten 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. 

II.C.1.g.A revised Air Pollutant Emission Notice is not required for emergency or 

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ties, and that have a permit under Parts CorD of Title I, or Title V of the 

Federal Act. 

II.C.1.h.A revised Air Pollutant Emission Notice is not required for emergency or 

backup generators for 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 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 II.A.25. of Part D of this Regulation Number 3. If an 

owner or operator of such a source chooses to file a revised Air Pollutant 

Emission Notice, the Air Pollutant Emission Notice shall list the average of 

the annual actual emissions for the preceding three years. 

II.C.2. Significant change, for the purposes of this section means: 

II.C.2.a. For any non-criteria reportable pollutant if the emissions increase by fifty percent or five tons per year, whichever is less, above the level reported on the 

last Air 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 of five tons per year or more, 

above the level reported on the last Air Pollutant Emission Notice 

submitted to the Division, of any such air pollutant; or 

II.C.2.b.(ii) For volatile organic compound and nitrogen oxides sources 

in ozone nonattainment areas emitting less than one hundred tons of 

volatile organic compound per year, a change in annual actual emissions of one ton per year or more or five percent, whichever is 

greater, above the level reported on the last Air 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 of five percent or fifty tons per 

year or more, whichever is less, above the level reported on the last 

Air Pollutant Emission Notice submitted to the Division, of any such 

air pollutant; or 

II.C.2.b.(iv) A change in annual actual emissions, above the level reported on the last Air Pollutant Emission Notice submitted to the Division, of fifty 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 later than 

within thirty days before the five-year term expires. 

II.C.3.b. Owners or operators of sources that are required to obtain a permit revision 

must file a revised Air Pollutant Emission Notice along with a request for 

permit revision. A revised permit must be obtained before the change at the 

source occurs. 

II.C.3.c. Sources submitting revised Air Pollutant Emission Notices to inform the Division of a change in annual actual emission rates must do §'S~~~~13ggfd 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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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); except for control equipment at condensate storage tanks located at oil and gas exploration and production facilities subject to 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 Part A, if any control equipment is added or if control 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 of any subpart of Part A of Regulation Number 6 (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 for wet screening operations subject to Subpart 000 of the New Source Performance Standards if the 

exemption in Section II.D.1.cccc. is applicable. 

Stationary sources having emission units that are exempt from the requirement to 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 of Significant Deterioration, nonattainment New Source Review, opacity limitations, odor limitations, particulate matter limitations and volatile organic compounds controls. 

( 

An applicant may not omit any information regarding APEN exempt emission units in any ( 

permit application if such information is needed to determine the applicability of Title V (Part · 

C of this Regulation Number 3), Prevention of Significant Deterioration (Section VI., Part D of 

this Regulation Number 3), or nonattainment New Source Review (Section V., Part D of this 

Regulation Number 3). 

The following sources are exempt from the requirement to 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 of any criteria pollutant of less than one ton per year, and individual emission points in attainment or attainment/maintenance 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 one hundred pounds per year, regardless of where 

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 set forth in Appendix A. 

II.D.1.c. Air conditioning or ventilating systems not designed to remove air pollutants 

generated by or released from other processes or equipment. 

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 of food for human 

consumption, or cooking of food for human consumption at commercial food 

service establishments, except for char 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 

gas fired or using charcoal or other fuel, upon which grease drips down upon 

an open flame, charcoal or embers. 

II.D.1.f. Safety flares used to indicate danger to 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 elevator operations), and animal feeding operations that are not housed commercial swine 

feeding facilities as defined in Regulation Number 2, Part B. This exemption 

does not apply to an agricultural operation that: (1) is a major source (as defined in Section 1.8.23. of this art); (2) meets or exceeds the storage capacity 

thresholds of a federal New Source Performance Standard (Regulation 

Number 6, Part A); or (3) participates in the early reduction program of the 

Federal Act, Section 112. Ancillary operations such as fueling stations located at farms or ranches are not exempt from Air Pollutant Emission Notice 

and permit requirements unless otherwise below the de minimis emission 

levels contained in this regulation, and are not exempt from other applicable 

regulation promulgated by the Commission. 

II.D.1.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. 

II.D.1.i. Laboratories and research & development facilities: 

II.D.1.i.(i) Noncommercial (in house) experimental and analytical laboratory equipment that 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. 

II.D.1.i.(ii) Research and development activities that are of a small pilot 

scale and that process less than ten thousand pounds of test material per year; 

II.D.1.i.(iii) Small pilot scale research and development projects less 

than six months in duration with controlled actual emissions less than 

five hundred pounds of any criteria pollutant or ten pounds of any 

non criteria reportable pollutant. 

II.D.1.j. Disturbance of surface areas for purposes of land development, that do not 

exceed twenty-five contiguous acres and that do not exceed six months in 

duration. (This does not include mining operations or disturbance of contaminated soil). 

II.D.1.k. Each individual piece of fuel burning equipment, other than smokehouse 

generators and internal combustion engines, that uses gaseous fuel, and that 

has a design rate less than or equal to five million British thermal units per 

CODE OF COLORADO REGULATIONS 
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5 CCR 1001-5 

32 CR 1, 01-09 

hour. (See definition of fuel 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 or containers that hold less than five hundred gallons, and that have an annual average daily throughput of less than twentyfive gallons. 

11.0.1.o. Unpaved public and private roadways, except for haul roads located within a 

stationary source site boundary. 

11.0.1.p. Sanding of streets and roads to abate traffic hazards caused by ice and 

snow. 

11.0.1.q. Open burning activities, except that all reporting and permitting requirements 

that apply to such operations must be followed (see Regulation Number 9). 

11.0.1.r. Brazing, soldering, or welding operations, except those that use lead based 

compounds. All welding that occurs strictly for 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 ancillary to facility operations, and is not part of the 

production process. 

11.0.1.w. The process of demolition and re bricking of furnaces and kilns. This 

does not include subsequent operation of such 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 operations that are not part of a production process. 

11.0.1.bb. Landscaping and site housekeeping devices equal to or less than 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 of pesticides, fumigants, and herbicides. 

11.0.1.ee. Exemption Repealed 

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II.D.1.ff. Emergency events 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 other flame 

cutting torches. 

11.0.1.11. Pharmacies. 

II.D.1.mm. Chemical storage areas where chemicals are stored in closed containers, and where total storage capacity does not exceed five thousand 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. 

II.D.1.nn. Architectural painting, roof coating material and associated surface 

preparation (except for sandblasting and except for volatile 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. of this 

part) or non-criteria reportable pollutants (as defined in Section 1.8.28. of this 

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 of odorous emissions that 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 Number 2. 

II.D.1.ss. Truck and car wash 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, or appurtenances. This exemption applies to the 

ovens only, and not to the items being dried in the ovens. 

II.D.1.ww. Equipment used exclusively for portable steam cleaning. 

...... ,-' ~ ,...i ....... r ~~~~s::> \ ... ~ .._. """'-r• ....... '-

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5 CCR 1001-5 

32 CR 1, 01-09 

II.D.1.xx. Blast cleaning equipment using a suspension of abrasive 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 of butane, propane, or liquefied petroleum gas in a vessel 

with a capacity of less than sixty thousand gallons, provided the requirements of Regulation Number 7, Section IV. are met, where applicable. 

II.D.1.aaa. Storage tanks of capacity less than forty thousand gallons of lubricating oils or used lubricating oils. 

II.D.1.bbb. Venting of compressed natural gas, butane or propane gas cylinders, 

with a capacity of one gallon or less. 

II.D.1.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 four hundred gallons per day that is calculated as an annual 

average. Sources in an ozone attainment/maintenance area must utilize 

Stage 1 vapor recovery on all tanks greater than 550 gallons capacity, as required by Regulation Number 7, in order to take this exemption. 

II.D.1.ddd. Exemption Repealed 

II.D.1.eee. Indirect sources are exempt until a permit regu)ation specific to indirect sources is promulgated by the Commission. 

II.D.1.fff. Storage tanks meeting all of the following 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 of the 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 GT through 4 GT; 

II.D.1.fff.(ii)(D) oil/water mixtures with a vapor pressure equal to or 

lower than that of diesel fuel (Reid Vapor Pressure of 0.025 

pounds per square inch absolute). 

II.D.1.ggg. Each individual piece of fuel burning equipment that uses gaseous 

fuel, and that has a design rate less than or equal to ten million British thermal units per hour, and that is used solely for heating buildings for personal 

comfort. 

II.D.1.hhh. Natural gas vehicle fleet fueling facilities. 

II. 0.1. iii. Electric motors driving equipment at non-commercial machining 

shops. 

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32 CR 1, 01-09 Page 23 

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 of proposed drilling locations prior to commencement of such operations. Air Pollutant Emission Notices 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 Air 

Pollutant Emission Notice with the Division within thirty 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. If production will result 

in reportable emissions, the owner or operator shall file an Air Pollutant Emission Notice with the Division within thirty days after the report of first production is filed with 

the appropriate state or federal agency but no later than 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 under the federal Insecticide, Fungicide and Rodenticide Act as established by the U.S. EPA (United States 

Code Title 7, Section 136 et seq.). 

II.D.1.ppp. Ventilation of emissions from mobile sources operating within a tunnel, 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 meet the following 

specifications: 

II.D.1.sss.(i) Less than or equal to 175 horsepower that operate less than 

1 ,450 hours per year; or 

II.D.1~sss.(ii) Greater than 175 horsepower and less than or equal to 300 

horsepower that operate less than 850 hours per year; or 

II.D.1.sss.(iii) Greater than 300 horsepower and less than~t~Ql;@l1o_7,...~Q -t 

horsepower that operate less than 340 hours per year.'··+c':: :.- ·- 1 

NOV 2~ :0 

CODE OF COLORADO REGULATIONS 
Page 24 32 CR 1, 01-09 

II.D.1.ttt. Emergency power generators that: 

II.D.1.ttt.(i) Have a rated horsepower of less than 260; or 

II.D.1.ttt.(ii) Operate no more than 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. Surface water storage impoundment of not potable water and storm 

water evaporation ponds, except oil production wastewater (produced water 

tanks) containing equal to or more than one percent by volume crude oil on 

an annual average, and commercial facilities that accept oil production 

wastewater for processing. 

II.D.1.vvv. Non-potable water pipeline vents. 

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 lines for safety purposes. 

II.D.1.aaaa. Chemical Storage Tanks 

II.D.1.aaaa.(i) Sulfuric acid storage tanks not to exceed ten thousand five 

hundred gallons capacity. 

II.D.1.aaaa.(ii) Sodium hydroxide storage tanks. 

II.D.1.bbbb. Containers, reservoirs, or tanks used exclusively for dipping operations that contain no organic solvents for coating objects with oils, waxes, 

greases, or natural or synthetic resins. 

II.D.1.cccc. Wet screening operations notwithstanding the applicability of the 

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. of this Part A, except 

certain non-road engines subject to state-only air pollutant emission notice 

and permitting requirements pursuant to Section I.B.29.c. of this part. 

II.D.1.eeee. Exemption Repealed 

II.D.1.ffff Air Curtain Destructors burning only yard waste, wood waste, and 

clean lumber, or any mixture thereof generated as a result of projects to reduce the risk of wildfire and are not located at a commercial or industrial facility. Air curtain incinerators that are considered incinerators as defined by the 

Common Provisions do not meet this 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 emergency and backup generators 

that are ancillary to the main units at electric utility facilities however, these units may 

be included on the same Air Pollutant Emission Notice as the main unit. 

II.D.4. Any person may request the Division to examine a particular source category or activity for exemption from Air Pollutant Emission Notice or permit requirements. 

II.D.4.a.Such requests shall be made separately from the permit application review 

procedure. 

II.D.4.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. 

II.D.4.b.(i) Emissions from the source or activity are below the Air Pollutant Emission Notice or permit emission de minimis levels set forth 

in this Regulation Number 3; or 

II.D.4.b.(ii) The existing Division emission inventory is sufficient to indicate that the 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 requirement that 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 or activity 

that 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. 

II.D.4.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 Number 3 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 of Air Pollutant Emission Notice 

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 Air Pollutant Emission Notice reporting. 

Emissions from samples subjected to analysis provided to such laboratories for 

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 gallons for liquids, or five pounds for solids. 

II.D.6. Research and development activities that do not fall within the small scale exemption 

in Section II.D.1.i. may estimate emissions for purposes of Air Pollutant Emission Notice reporting based upon either a mass balance calculation utilizing inventory and 

purchase records, or best engineering judgment. Such facilities may file an Air Pollutant Emission Notice or revised Air Pollutant Emission Notice 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 (re"S>~!f.J?GIIutant 

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Emission Notice requirements), such Air Pollutant Emission Notices shall be filed on 

a per project basis and shall be based on controlled actual emissions. 

Ill. Administrative Permit Amendment Procedures 

Ill .A. An application for an administrative permit amendment shall be prepared on forms 

supplied by the Division. 

111.8. Within sixty calendar days after receipt of a complete application for an administrative 

permit amendment the Division shall issue its final determination on such application 

in accordance with the following: 

111.8.1. Deny the application for an administrative permit amendment; or 

111.8.2. Grant the application and incorporate any such changes into the permit providing such permit revisions are made pursuant to this Part A, Section Ill. 

III.C. A source may implement the changes addressed in the application for an administrative amendment immediately upon submittal of request, subject to the final determination of the Division. 

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Ill. D. As required under the Federal Act, the Division shall transmit to the Administrator a 

copy of each revised permit made pursuant to an administrative permit amendment 

under this 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 permit amendments for purposes of the acid rain portion of a permit 

shall be governed by regulations promulgated under Title IV of the 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 at the permitted facility a record of the scenario 

under which it is operating; 

IV.A.2. Ensure that the terms and conditions of each such alternative scenario meet all applicable requirements of the state and Federal Act. 

IV.A.3. Extend the permit shield to all operating permit terms and conditions under each such 

operating scenario. 

IV.B. Trading based on the permit 

If allowed by the applicable state implementation plan, no permit revision shall be required under any 

approved economic incentives, marketable permits, emissions trading and other similar 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 if approved 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 under the 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 of emissions 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 for which emissions are not quantifiable or for which there are no 

replicable procedures to enforce the emissions trades shall not be included in this 

provision allowing emissions trading without permit revision; 

IV.C.4. The source shall comply with all other applicable requirements. 

IV.C.5. The source shall provide a minimum of seven days written notification in advance of 

the proposed changes to the Division and to the Administrator. The notice must be 

received by the Division no later than seven days in advance of the 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 of the changes in emissions that will result and how 

these increases and decreases in emissions will comply with the terms and 

conditions of the permit; 

IV.C.5.c. The permit shield shall extend to all operating permit terms 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 of the advance notice described in Section IV.C.5. above, if the 

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 for the recording of certified emissions reductions and for their 

use in emission credit transactions. These procedures are intended to: 

V.A.1. Promote economic development and lower the cost of meeting pollution control requirements while assuring ambient air quality 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 under the Colorado Air Quality Control Act or the regulations promulgated there under in all attainment, attainment/maintenance, and nonattainment areas 

of the 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 of emissions reductions credits to 

meet emissions control requirements in lieu of an applicable control technique guidance method or reasonably available control technology. 

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V.C.2. Bubble lets existing sources (or groups of sources) increase emissions at one operation in exchange for compensating extra decreases in emissions at another operation. The net result must be equivalent to or better than would have been accomplished using conventional source specific controls. 

V.C.3. Certified emissions reduction means a reduction in emissions below the baseline, 

that has been certified by the Division in accordance with the criteria of Section V. E., 

and that may then be used in an emission credit transaction. 

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 of certified emission reduction credits in a 

bubble, netting or offset transaction or as an alternative compliance method. 

V.C.6. Major stationary source means major stationary source as defined in Section II.A.25. 

of Part D of this regulation. 

V.C.7. Net emissions increase means net emissions increase as defined in Section II.A.27. 

of Part D of this regulation. 

V.C.B. Netting is designed to exempt modifications of existing major stationary sources from 

new source review requirements if the resultant impact does not exceed any of the 

significant values found in the definition of significant 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.1 0. Offset means a transaction in which a certified emissions reduction is used either to 

avoid causing a violation of an increment in an attainment or attainmenUmaintenance 

area, to meet the requirements of Section V.A.3. of Part D of this regulation, regarding the maintenance of reasonable further progress towards attainment of the National Ambient Air Quality Standards in nonattainment areas, or to avoid contributing 

to visibility or other air quality related values impairment in a Class I area. 

V.C.11. Registry means the Division's record of the certification and use of emissions reductions. 

V.C.12. Significant means significant as defined in Section II.A.44. of Part D of this 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 or from surface 

use or disturbance, including, but not limited to, all dust from agriculture, construction, 

forestry, unpaved roads, mining, exploration, or similar activities in which earth is either moved, stored, transported or redistributed. 

V.C.15. Baseline emissions are equal to the product of the: 

V.C.15.a. Emission Rate (ER}, specified in terms of mass emission per unit of 

production or throughput (e.g., pounds sulfur dioxide per 'SI~~~fgi~~fgEQNOV 

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mal units or pounds of volatile organic compounds per weight of solids applied); 

V.C.15.b. Average hourly capacity utilization (CU) e.g., millions of British thermal units per hour or weight of solids applied per hour; and 

V.C.15.c. Number of hours of operation (H) during the relevant time period i.e., 

baseline emissions= ER x CU x H. Net baseline emissions for a bubble are 

the sum of the baseline emissions of all sources involved in the trade. 

V.D. Procedure for Certification of Emissions Reductions and Approval of Transactions 

V.D.1. The owner or operator of a source may request the Division to certify any emissions 

reduction anticipated to occur after the effective date of this section, provided the 

owner or operator files his application prior to the occurrence of the reduction, at a 

time at which the source is emitting the baseline emissions of the subject pollutant 

Sources that shutdown prior to the application to bank or trade 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 necessary to verify the baseline emissions or the 

reduction of emissions below the base level including, but not limited to, documentation of operating hours and inputs. The Division may also require the applicant to 

perform source tests to establish the baseline emissions or the reduction of emissions below the baseline emissions. The Division shall not certify reductions anticipated to occur after the effective date of this 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 of all certified emissions reductions, and of the use of certified emissions reductions in emission credit transactions. The information contained in such registry 

shall include the name and address of the owner or operator of the source creating 

the emissions reduction, the location of the source, its stack parameters, the temperature and velocity of its plume, particle size, the existence of any hazardous pollutants, daily and seasonal emission rates, and any other data that might reasonably 

be necessary to evaluate future use. 

V.D.4. If the Division determines that certification should be granted it shall modify the permit of the applicant to provide that the allowable emissions are equal to the level of 

current emissions utilized in the calculation of the emissions reduction. The owner or 

operator of a source not required to obtain a permit by provisions of law other than 

this section shall be required to apply for and accept a permit as a condition of obtaining a certified emissions reduction. Such permits shall contain only those conditions necessary to ensure the enforcement of the emissions limitations applicable to 

the source as a result of certification of its emissions reduction. 

V. D.5. The amount of the 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 of the certified emissions reduction shall 

be 90 percent of the 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 nonattainment area, the 

amount of the certified emission reduction shall be 80 percent of the amount 

by which emissions have been reduced below the baseline emissions. 

V.D.S.c.For bubbles in nonattainment areas that need, but lack, approved demonstrations of attainment, i.e., areas with unapproved state implementation 

plans, a greater discount may be taken. This discount will be based on the 

area's total baseline emissions, the target emissions for attainment, the 

emissions for the projected attainment year and the reductions needed to 

achieve attainment. These values are dynamic and so the discount value 

may change from year to 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 of the use of a certified emissions reduction 

in an emissions credit transaction simultaneously with the filing of a certification application, or within seven years after certification has been granted. If the transaction 

would require the modification of permits held by more than one person, the application shall be jointly submitted by all potentially affected permittees. The Commission 

shall determine whether to approve all bubble and alternative compliance method 

transactions, or any offset transactions that, pursuant to Section V.H., require a state 

implementation plan revision. The Division shall determine whether to approve all 

netting transactions, or any offset transactions for which no state implementation plan 

revision is required. The Commission may approve the use of a certified emissions 

reduction credit as an alternative compliance method in lieu of a specified control 

technique guidance method or reasonable available control technology. 

V.D.7. Applications for certification of emissions reductions and approval of transactions 

shall be made on forms provided by the Division. Any source applying for approval of 

an alternative compliance method transaction shall submit to the Division a construction permit application in accordance with Regulation Number 3, Part 8, Section Ill. 

for the construction or modification, reflecting the source and proposed use of the 

emissions credit. The application shall contain information sufficient to demonstrate 

that the criteria set forth in Section V.F. of this Part A are met as well as the criteria 

for approval of the 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 of the preliminary analysis of the Division. The Division shall not 

grant initial approval of any such application until the Commission has approved the 

transaction, the source has met the conditions placed on the transaction by the 

Commission, and the requirements of all other applicable regulations are met. 

V.D.8. Where the owner or operator of a source requests a state implementation plan revision pursuant to this Section V., the Commission shall set a hearing on the proposed 

revision to be held in accordance with the procedures set forth in Colorado Revised 

Statutes Section 25-7-119. With respect to applications for certification of emissions 

reductions, or for approval of any netting transactions, or offset transactions within 

the Division's jurisdiction under Section V.H.2., the same time limitations for emission 

permits as found in Part 8 Section 111.8. of this regulation shall apply. 

V.D.9. Applicants for certification of an emissions reduction, or for approval of any emission 

credit transaction, shall be assessed fees for time spent by Division personnel in 

evaluating such applications in accord with the criteria for assessment of emissions 

permit fees set forth in Section VI. C. of this Part A. Where more than one person applies for approval of a transaction, all such persons shall be jointly liable for the fees 

assessed. Applicants shall be responsible for paying such fees regg~~f§s,ded 

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whether the Division approves or denies an application. The costs of Division review ( 

of any emissions modeling or other information necessary for the Division to formu- i 

late recommendations to the Commission regarding any proposed emission credit 

transaction shall be included in the costs attributed to the permit application for the 

source(s) seeking approval of the transaction and shall be paid by the source regardless of whether the 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 of the National Ambient 

Air Quality Standards, within seven years after the date of certification, or at any time 

after an application for use of the certified emissions reduction in a transaction has 

been approved. Where no application has been filed for the approval of the use of a 

certified emissions reduction within seven years after certification was granted, the 

state shall subsequently utilize the reduction in making demonstrations of attainment, 

or reasonable further progress towards attainment of the National Ambient Air Quality 

Standards. This seven-year period shall be tolled during any time in that there is a 

pending application before the Division or the Commission for approval of a bubble, 

netting, or offset transaction based on the certified emissions reduction. 

V.D.11. Applications for approval of transactions involving PM1 0 (fine particulates for Prevention of Significant Deterioration increment consumption), sulfur dioxide, carbon monoxide, lead, and oxides of nitrogen (where visibility impacts are of concern), shall be 

subject to the following ambient air quality modeling requirements: 

V.D.11.a. De minimis: In general modeling is not required to determine the 

ambient equivalence of trades in which applicable net baseline emissions do 

not increase and in that the sum of the emissions increases, looking only at 

the increasing sources, 15 tons per year for PM1 0, 40 tons per year for sulfur ( 

dioxide, 1 00 tons per year for carbon monoxide, 40 tons per year for nitrogen 

oxide (where visibility impacts are of concern), or 0.6 tons per year for lead, 

after applicable control requirements. For purposes of Prevention of Significant Deterioration any increase in PM10 should be modeled. 

V.D.11.b. Level 1: In general, modeling to determine ambient equivalence 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) of each other; 

V.D.11.b.(iii) An increase in baseline emissions does not occur at the 

source with the lower effective 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 of significant impact 

(see Figure 1) of the 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 of the 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) If the potential change in emissions before and after the 

trade will not cause a significant increase in pollutant concentrations 

at any receptor for 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 I area. However, a bubble 

will not be approved under Level II where evidence clearly indicates 

the bubble would create a new violation of an ambient standard or 

Prevention of Significant Deterioration increment or would delay the 

planned removal of an 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 air quality standards for 

each receptor, using the most recent full year of meteorological data. 

Other techniques may be approved where sources show they 

equally well protect national ambient air quality standards, applicable 

Prevention of Significant Deterioration increments, and visibility. For 

example, in limited circumstances conservative screening models 

may be acceptable in lieu of refined models. In such cases, use of a 

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 of the Level II significance 

values; (B) the stack parameters at the stack(s) with increasing 

emissions do not change; and (C) the screening model shows that 

the increase in emissions at the increasing stack(s) would not produce exceedances of these significant values. 

In determining significant impact for 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; Supe,...c::---.-<c:.< ~ ... ,.: " . ' ' 

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CODE OF COLORADO REGULATIONS Coloradr&,CCR::J,OQ 1-5 
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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. Except that: 

V.D.11.c.(iii)(A) For offset transactions, significant impact shall be 

determined by the values found in the table of significant 

values in Section VI.D.2. of Part D of this 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 of the 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 of non-guideline models will be allowed once they have been approved according to the requirements of Section VIII.A.1. of Part A of this regulation. 

V.D.12. Following the certification of an emissions reduction, if the Division determines that 

certification was granted on the basis of fraud or material misstatement or omission, 

the Division shall revoke certification of the reduction. Certification shall be revoked 

only after the owners or operators of the affected sources have received notice and, if 

requested, a hearing has been conducted. In such cases the Division shall also 

modify the permit of the source that has used the emissions reduction, so that the 

permit will contain all conditions that would have applied if the 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 credit transaction, 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 of the subject pollutant, or allowable 

emissions whichever is lower, for the three baseline factors. Reasonably 

Available Control Technology shall be as set forth in the State implementaCODE OF COLORADO REGULATIONS 

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tion plan for the source. Where Reasonably Available Control Technology 

has not been determined in the state implementation plan for the source, it 

shall be determined by the Division. 

V.E.1.b.ln nonattainment areas for which there is a demonstration of attainment of 

the National Ambient Air Quality Standards approved by the U.S. EPA the 

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 or the level of emissions used by the 

state in making a demonstration of attainment. 

V.E.1.c.ln nonattainment areas for which there is not a demonstration of attainment 

of National Ambient Air Quality Standards approved by the U.S. EPA, the 

baseline emissions shall be the lower of: 1) the actual emissions, 2) allowable emissions under the state implementation plan or 3) allowable emissions if the source is subject to Reasonably Available Control Technology. 

V.E.1.d. Emission rate, capacity utilization and hours of operation must be used to 

compute pre-trade and post-trade emission levels. Baseline must be established on an annual basis and for all other averaging periods consistent with 

the relevant National Ambient Air Quality Standards and Prevention of Significant Deterioration increments. 

V.E.2. No emissions reduction shall be certified if the Division has relied upon the occurrence of the reduction in demonstrating attainment of the National Ambient Air Quality Standards or reasonable further progress towards attainment, or in establishing a 

baseline concentration. 

V.E.3. Each certified reduction of a 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 major stationary 

sources that commenced construction after January 1, 1975 may be able to qualify 

for credit whether such reductions occurred before or after the Prevention of Significant Deterioration baseline triggering date. Other emission reductions (e.g., at minor 

sources) cannot qualify for credit where the Prevention of Significant Deterioration 

baseline date is or has been triggered and such reductions occurred prior to the trigger date, unless these reductions are not assumed in the Prevention of Significant 

Deterioration baselines. Since banked emission reduction credits must be considered to be "In the Air" for all planning purposes, if the baseline date is triggered before banked credits are actually used, such banked credits will be considered as part 

of the baseline and will not consume increment when used in an emissions trade. 

In attainment and attainmenUmaintenance areas where the Prevention of Significant 

Deterioration baseline has not been triggered as of the 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 assurance that National Ambient Air Quality Standards will not be violated 

due to any potential increase in actual emissions. However, reductions at sources 

other than major stationary sources on which construction commenced before January 1, 1975 may not be used to balance increases at such pre 1975 major sources. 

V.E.5. Emission reductions achieved by shutting down an existing source or curtailing productio~ or operating 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 attainment plan. In addition, the shutdown or curtailment is 1 

creditable only if it occurred on or after the date specified for this purpose in the plan, \ 

and if such date is on or after the date of the most recent emissions inventory used in 

the plan's demonstration of attainment. Where the plan does not specify a cutoff 

date for shutdown credits, the date of the most recent emissions inventory or attainment demonstration, as the case may be, shall apply. However, in no event may 

credit be given for shutdowns that occurred prior to August 7, 1977. For purposes of 

this section a permitting authority may choose to consider a prior shutdown or curtailment to have occurred after the date of its most recent emissions inventory, if the 

inventory explicitly includes as current existing emissions the emissions from such 

previously shutdown or curtailed sources. 

V.E.5.a.Such reductions may be credited in the absence of an approved attainment 

demonstration only if the shutdown or curtailment occurred on or after the 

date the new source permit application is filed, or, if the applicant can establish that the proposed new source is a replacement for the shutdown or curtailed source, and the cutoff date provisions of Section A, above, are met. 

V.E.6. No emission reduction credits are allowed from mobile sources unless those sources 

are subject to ambient impact and new source review permitting. 

V.E.7. Reductions down to compliance levels may not qualify for emission reduction credit. 

V.E.B. If an existing source commits to switch to a cleaner fuel at some future date, emission reduction credit is allowable only if a permit is conditioned to require use of a 

specified alternative control measure that would achieve the same degree of emission reduction should the source switch back to a dirtier fuel at some later date. The 

Division will ensure that adequate long-term supplies of the 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 not otherwise required 

by the Federal Act are creditable as emission reductions if such emission reductions 

meet the requirements of Section V. of Part D of this regulation, if applicable and this 

Section V. 

V.E.10. The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset in accordance with Section 173 of the Federal Act 

shall be determined by summing the difference between the allowable emissions (as 

defined in Section I. B. 7. of this part) after the 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 for Approval of all Transactions 

The use of an emissions reduction in an emission credit transaction shall be approved only if it meets 

the following criteria: 

V.F.1. The transaction shall involve like pollutants. For toxic or volatile organic compound 

pollutants, the trade should involve the same degrees of toxicity or photochemical reactivity or else a greater reduction may be required. New or modified major sources 

of a PM1 0 precursor can only obtain offsets from emissions reductions in that same 

PM10 precursor or in PM10. New or modified major sources of PM10 can only obtain offsets from emissions reductions in PM10. The offsets must be greater than one 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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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 of a criteria pollutant stream has been listed as hazardous by the Commission under Regulation Number 8 or the 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 of each other 

may only be traded against each other on a greater than one for one basis that assures a net decrease in emissions of the hazardous pollutant. 

V.F.4. Hazardous and non-hazardous emissions of the same criteria pollutant may be 

traded against each other, provided the total emissions containing the hazardous pollutant from the sources involved in the transaction are required to decrease as a result of the transaction. 

V.F.5. No transaction may be approved that is inconsistent with any standard established by 

the Federal Act, the state Act or the regulations promulgated under either, or to circumvent New Source Performance Standards requirements or Best Available Control 

Technology although the Commission may approve a transaction using a certified 

emissions reduction credit in lieu of a 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 at which the emissions reduction occurred and the source using 

the emissions reductions are in the same nonattainment area or Prevention 

of Significant Deterioration baseline area; or 

V.F.6.b. The emissions reduction is to be used as an offset to meet the requirements 

of Section V.A.3. of Part D of this regulation, and the conditions of that section are met for the use of an offset obtained from a source outside the nonattainment area. 

V.F.7. Emission reduction credits may not be used to meet applicable technology based requirements for new sources such as New Source Performance Standards, Best 

Available Control Technology, or Lowest Achievable Emission Rate, although the 

Commission may approve a transaction using a certified emissions reduction credit in 

lieu of a specified control technique guidance method or reasonably available control 

technology. 

V.F.B. Trades Involving Open Dust: Sources of particulate emissions may be approved 

through case by case state implementation plan revisions based on modeled demonstrations of ambient equivalence. Sources proposing such trades must commit, as 

part of the trade's approval, to: 

V.F.B.a. Undertake a post approval monitoring program to evaluate the impact of their 

control efforts, and 

V.F.B.b. Make further enforceable reductions if post trade monitoring indicates initial 

open dust controls do not prod!J...Ce the predicteq air quality results. 

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V.F.9. The federal land manager must be notified if an emissions trade will take place within ( 

one hundred kilometers of a Prevention of Significant Deterioration Class I area. Notification must occur early enough in the review process to allow at least thirty days 

for the submittal of comments before the trade will be approved by the reviewing authority. 

Where a bubble within fifty kilometers of a Prevention of Significant Deterioration 

Class I area is submitted as a case-by-case state implementation plan revision, the 

Division may call for additional technical support, beyond the applicable requirements 

of the modeling screen if deemed necessary to protect air quality in the Class I area. 

V.F.1 0. Effect on Trades of Subsequently-Discovered Clean Air Act Problems: Revisitation 

Considerations - If ambient violations are discovered in an area where the Division 

has approved a trade, or if other violations of the act are discovered in that area, 

sources in the trade should be aware that they are potentially subject to requirements 

for additional emission reductions, just as are all other sources in the area. 

V.F.11. For volatile organic compound and nitrogen oxide trades, pound for pound trades will 

be considered equal in ambient effect where all sources involved in the trade are in 

the same control strategy demonstration area (nonattainment area) or if outside that 

area are sufficiently close to show an equal effect. 

V.F.12. For volatile organic compound trades involving surface coating, the emissions must 

be calculated on a solids applied basis and should specify the maximum time period 

over which 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. PM1 0, sulfur dioxide, carbon monoxide or lead trades where complex terrain is within the area of the source's significant impact or fifty 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 of significant impact can be determined from Figure 1; 

V.F.13.c. Open Dust Trades; 

V.F.13.d. Level II trades involving process fugitive PM1 0, sulfur dioxide , carbon monoxide or lead emissions not discharged 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 sources that are subject of a notice of violation 

(NOV), noncompliance penalty action or the filing of a judicial complaint; 

V.F.13.g. Interstate trades; 

V.F.13.h. Volatile organic compound trades with averaging times longer than 

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 

of attainment. 

V.F.13.1. Emission credit transactions used as an alternative compliance 

method. 

V.F.14. No emission credit transaction shall be approved unless the terms of the transaction 

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 of the transaction has the burden of demonstrating that all the criteria of this 

Section V.F., are met and of demonstrating that all applicable requirements for approval of the state implementation plan revision has been met. 

V.G. Bubble Transactions 

V.G.1. An owner or operator of an existing source may apply to the Commission for approval 

of a state implementation plan revision establishing a bubble. The bubble shall establish new emissions limitations for two or more facilities or operations 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 a facility 

or operation included in the bubble. 

V.G.3. As part of the certification process, the amount of allowable emissions shall be reduced at the facility or operation where the emissions reduction has occurred in accord with Section V.D.5. As part of the bubble approval, the Commission may approve an increase in the total allowable emissions at the other facilities or operations 

covered by the bubble, by an amount not to exceed the amount of the subject certified emissions reduction. 

V.G.4. As part of the bubble approval, the Commission may extend compliance deadlines 

otherwise required by Commission regulations for volatile organic compounds or carbon monoxide emissions, provided the following criteria are met: 

V.G.4.a. The applicant must demonstrate to the satisfaction of the Commission that reasonable further progress toward the attainment of the National 

Ambient Air Quality Standards under the state implementation plan shall be 

maintained either by: 

V.G.4.a.(i) Achievement of emissions reductions earlier than otherwise 

required by certain facilities or operations covered by the bubble; or 

V.G.4.a.(ii) Temporary use of a certified emissions reduction to assure 

reasonable further progress toward attainment of the National Ambient Air Quality Standards. 

V.G.5. If subsequent to the approval of a bubble, the Commission prom.!J.!gates new regulations or amends existing regulations applicable to a source for ~ctplilfStJblJI!afas 

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been approved, the source shall be required to meet the new or amended regulations, irrespective of the bubble, by either further reducing emissions or using certified emissions reductions as offsets. 

V.G.6. Bubble applications in areas that require but lack approved demonstrations of attainment, i.e., non approved state implementation plans, must be accompanied by 

assurances of consistency with ambient progress and air quality planning goals 

specified below: 

V.G.6.a. The resulting emission limits comply with the reduction requirements 

of Section V.D.S.c., and the baseline requirements of Section 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 intends to adhere to the schedule for 

such development (including dates for completion of emission inventory and 

subsequent increments of progress) stated in or with the letter formally 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 sufficient to show that all applicable requirements of a full Levell II analysis 

are met, and that the bubble would not result in any exceedance of significance values specified for a Level II analysis at any receptor for any averaging time specified 

in an applicable ambient air quality standard). 

V.G.8. Bubbles should not increase emissions of hazardous or toxic air pollutants. 

V.H. Offset Transactions 

V.H.1. The owner or operator of a source at which an emissions reduction has occurred, 

and the owner or operator of another source who wishes to use the emissions reduction as an offset, may apply for approval of an offset transaction. In such transactions certified emissions reductions may be applied to avoid causing a violation of an 

increment in an attainment or attainment/maintenance area, or to meet the requirements of Section V.A.3. of Part D of this regulation. A certified emissions reduction 

may not be used as an offset for the purpose of complying with an existing applicable 

emissions control regulation, except for Reasonably Available Control Technology. 

V.H.2. The Division shall determine whether to approve an offset transaction 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 or oxides 

of nitrogen emissions. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

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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 of one another. 

V.H.3. Any proposed offset transaction, other than those referred to in Section V.H.2., shall 

be treated as a request to 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 higher offset may be required. 

V.H.S. If the applicant has used his best efforts in seeking the required emission offsets but 

was unsuccessful, the source may petition for use of some portion of growth allowance. The petition must state 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 some future time. 

V.H.6. In the absence of an approved attainment demonstration, banked Emission Reduction Credits from shutdowns or curtailments may be used for offsets only if the criteria 

stated in Section V.E.S.b. of Part A of this 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 Part A of this Regulation are met. 

V.H.B. lnterpollutant offsets (other than those offsets discussed above) may be approved by 

U.S. EPA on a case-by-case basis provided that the applicant demonstrates, on the 

basis of U.S. EPA-approved methods where possible, that the emissions increases 

from the new or modified source will not cause or contribute to a violation of an ambient air quality standard. A source's permit application that includes such an interpollutant offset 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 of existing major sources from certain preconstruction permit requirements under new source review, so long as there is no 

significant net emission increase, as net emissions increase is defined in Section 

II.A.27. of Part D of this regulation. By netting out, the modifications is not considered major and therefore not subject to pre-construction permit requirements for major modifications as follows: 

V.l.1.a. Section VI. of Part D of this regulation, for prevention of significant deterioration; 

V.l.1.b. Visibility analysis; and 

V.l.1.c. Section V.A. of Part D of this regulation, for nonattainment new source review. 

V.l.2. The Division shall grant such an exemption if the emissions reduc$u~~.§an 

Emission Reduction Credit under Regulation Number 5 meets the criteria in Section 

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V.E., for certification, and the difference between the amount of the certified emissions reduction, and the amount of new pollutants to be emitted from the new or 

modified facility, does not constitute a significant increase of pollutants. 

V.l.3. An increase of pollutants shall be considered significant if it equals or exceeds the 

amounts specified in the definition of significant in Part D of this regulation. 

VI. Fees 

VI.A. General 

VI.A.1. Every person required to obtain a Construction or Operating Permit or to file an Air 

Pollution Emission Notice shall pay fees as set forth in the following sections. Such 

fees shall be charged to recover the 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 

whether a permit is issued, denied, withdrawn, or revoked. Fees shall be charged as 

indicated in Section VI. D. of this 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 whether to issue preliminary approval 

of the permit and partially at the time the Division makes its decision whether to issue 

final approval. 

VI.B.2. The partial fee collected at the time the Division makes its decision whether to issue 

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preliminary approval of the permit shall include the costs associated with the prelimi- ( 

nary engineering evaluation, modeling, and analysis of impact on ambient air quality, 

notice and publication requirements, and such other costs as are required for the 

aforementioned activities incurred by the Division up to the time of the decision of 

whether to issue preliminary approval. 

VI.B.3. The final fee collected at the time the Division makes its decision of whether to issue 

final approval shall include the balance of the total of all costs associated with enforcement of any terms and conditions of the emission permit, the supervision of 

compliance testing, notice and publication requirements, and such other costs as are 

required for the processing, issuance, and administration of the permit. 

VI.B.4. If the Division requires more than thirty hours to process an application, the Division 

shall inform the owner or operator of the source and provide an estimate of what the 

actual charges may be, prior to commencing with processing of the application, 

unless the owner or operator waives this requirement in writing. 

VI. B.S. All permit processing fees assessed must be received within thirty days of the date of 

receipt of the written request therefore. All fees collected under this regulation shall 

be made payable to the Colorado Department of 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 of this regulation may be issued upon approval by the Division of a 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: 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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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 of the Federal Act (New 

Source Performance Standards); and 

VI.C.1.d. Each pollutant for which a National Ambient Air Quality Standard has 

been promulgated, except for carbon monoxide. 

VI.C.1.e. Each pollutant regulated under Section 25-7-109 of the state Act. 

VI.C.1.f. The term regulated air pollutant does not include fugitive dust as defined in Section 1.8.20. of this Part A, or any fraction thereof. 

VI.C.2. Every owner or operator of an air pollution source required to file an Air Pollutant 

Emission Notice shall pay a nonrefundable annual emissions fee as set forth in Section VI. D.2. of this part. 

VI.C.3. All annual emissions fees assessed must be received within sixty days of the date of 

issuance of the written request therefore. All fees collected under this regulation 

shall be made payable to the Colorado Department of Public Health and Environment. 

VI.C.4. In no event shall an owner or operator of a source pay more than a fee based upon 

total annual emissions of four thousand tons of each 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 of Colorado 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 Notice filing fees shall be charged in accordance with and in 

the amounts and limits specified in the provisions of Colorado Revised Statutes Section 25-7-114.1. 

VII. Confidential Information or Data Contained in Air Pollutant Emission Notices, Permit 

Applications, or Reports Submitted Pursuant to 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 pursuant to Regulation Number 3, Part C, Sections 

V.C.6. or V.C.7., may request that information contained in such an Air Pollutant Emission 

Notice, permit application, or report relating to secret processes or methods of manufacture 

or production be kept confidential. The written request must identify the basis for the 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 of the Air Pollutant 

Emission Notice, permit application, or report when 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 that the information relates to secret processes or methods of mah{J'rl:Mftffe'& 3 

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

Colorado Supreme Court Library 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 44 31 CR 4, 04-08 

tion 25-7-1 03(11.5), shall not be entitled to confidential treatment notwithstanding this Section 

VII., or any other law to the contrary. In no event shall an Operating Permit or the compliance 

certifications submitted pursuant to Section 111.8.8. of Part C of this Regulation Number 3 be 

entitled to confidential treatment. If the Division determines that information requested to be 

kept confidential is not entitled to confidential treatment, it shall provide written notice of this 

determination at least three working days prior to making such information available to the 

public. 

VII. C. A request for confidential treatment of information or data submitted to the Division shall be 

deemed a limited waiver by the applicant of the time constraints contained in Section 111.8. of 

Part 8, or Section IV. of Part C of this regulation. Therefore, any delay in the processing of a 

permit application resulting from the Division's being required to give notice under Section 

Vll.8., hereof, shall not be considered in determining whether the 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 of ambient concentrations required under this Regulation Number 3 

shall be based on the applicable air quality models, databases, and other requirements generally approved by U.S. EPA and specifically approved by the Division. 

If a non-U.S. EPA approved model, such as a wind tunnel study, is proposed, the nature and requirements of such a model should be outlined to the Division at a preapplication meeting. The application will be deemed incomplete until there has been 

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an opportunity for a public hearing on the proposed model and written approval of the 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 after such submittal, the Division shall: 

VIII.B.2.a. Approve the monitoring program; or 

Vlll.8.2.b. Specify the changes necessary for 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 air quality modeling for the purpose of setting an emission limitation and calculating the air quality 

impact of a source. It does not limit the actual physical stack height for any source. The following shall not be considered in determining whether an emission limitation is met: 

VIII.C.1. Stack height in excess of good engineering practice; or 

VIII.C.2. Any other dispersion technique except that the provisions of this Section 

5 CCR 1001-5 

VIII. C. shall not apply to stack heights in existence or dispersion techniques implemented before December 31, 1970. Sources that were constructed, reconstructed, 

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or for which major modifications were carried out after December 31, 1970, and that 

are emitting pollutants from such stacks, or using such dispersion techniques, shall 

be subject to the provisions of this section. 

VIII. D. Definitions as used in Section VIII.C. 

VIII.D.1. 

VIII.D.2. 

Stack in existence means that the owner or operator had: 

VIII.D.1.a. Begun, or caused to begin, a continuous program of physical on site 

construction of the 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 or operator, to undertake a program of construction of the stack to be completed in a 

reasonable time. 

Dispersion Technique means any technique that attempts to affect the concentration of a pollutant in the ambient air by using that portion of a stack that exceeds good engineering practice stack height, varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant, or by increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, or combining exhaust gases from several existing 

stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. The preceding sentence does not include: 

VIII.D.2.a. The reheating of a gas stream, following use of a pollution control 

system, for the 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 of exhaust gas streams where: 

VIII.D.2.b.(i) The source owner or operator demonstrates that the facility 

was originally designed and constructed with such merged gas 

streams; 

VIII.D.2.b.(ii) After July 8, 1983, such merging is part of a change in operation at the facility that includes the installation of pollution controls 

and is accompanied by a net reduction in the allowable emissions of 

a pollutant. This exclusion from the definition of dispersion techniques shall apply only to the emission limitation for the pollutant affected by such change in operation; or 

VIII.D.2.b.(iii) Before July 8, 1985, such merging was part of a change in 

operation at the facility that included the installation of emissions 

control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emissions limitation or, in the event that no emission limitation was in existence 

prior to the merging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit 

for greater dispersion. 

Absent a demonstration by the source owner or operator that merging was 

not significantly motivated by such intent, the reviewing agency shall deny 

credit for the effects of such merging in calculating the allowable emissions 

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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 or silvicultural 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 of sulfur dioxide from the facility do not exceed 

five thousand tons per year. 

Good Engineering Practice Stack Height means the greater of: 

VIII.D.3.a. 65 meters; or 

VIII.D.3.b. For stacks in existence on January 12, 1979 and for which the owner 

or operator had obtained all applicable pre-construction permits or approvals 

required, Hg = 2.5H, provided the owner or operator produces evidence that 

this equation was actually relied on in establishing an emission limitation; and 

VIII.D.3.c. For all other stacks, Hg = H + 1.5L where: 

VIII.D.3.c.(i) Hg =good engineering practice stack height measured from 

the ground level elevation at the base of the stack; 

VIII.D.3.c.(ii) H = height of nearby structure(s) measured from the ground 

level elevation at the base of the stack; 

VIII.D.3.c.(iii) L = lesser dimension (height or projected width) of nearby 

structure(s) provided that the reviewing agency may require the use 

of a field study or fluid model to verify Good Engineering Practice 

stack height for the source; or 

VIII.D.3.d. The height demonstrated by a fluid model or a field study approved 

by the reviewing agency, which ensures that the emissions from a stack do 

not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, 

structures, or terrain obstacles. 

Nearby as applied to good engineering practice is: 

VIII.D.4.a. For purposes of applying the formulae provided in Sections 

VIII.D.3.b. and VIII.D.3.c. in the definition of good engineering practice stack 

height means that distance up to five times the lesser of the height or the 

width dimension of a structure, but not greater than 0.8 kilometers (1/2 mile), 

and 

VIII.D.4.b. For conducting demonstrations in Section VIII.D.3. in the definition of 

good engineering practice means not greater than 0.8 kilometers (1/2 mile), 

except that the portion of a terrain feature may be considered to be nearby 

that falls within a distance of up to ten times the maximum height of the feature, not to exceed two miles if such feature achieves a height 0.8 kilometers 

from the stack that is at least forty percent of the good engineering practice 

stack height determine by the formula or twenty-six meters, whichever is 

greater. 

CODE OF COLORADO REGULATIONS 

( 

/ 

\ 
( 

( 

© 2008 State of Colorado 

All Rights Reserved 

31 CR 4, 04-08 Page 47 

VIII.D.5. Excessive concentrations for the purpose of determining 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 part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features that individually is at least forty percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and that 

contributes to a total concentration due to emissions from all sources that is 

greater than an ambient air quality standard. For sources subject to the prevention of significant deterioration program, an excessive concentration alternatively means a maximum ground level concentration due to emissions 

from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features that individually is at 

least forty percent in excess of the maximum concentration experienced in 

the absence of such downwash, wakes, or eddy effects and greater than a 

prevention of significant 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 or operator demonstrates that this 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, except that the emission rate specified by any applicable state implementation plan (or, in the absence of such a limit, 

the actual emission rate) shall be used; or 

VIII.D.S.b.(ii) The actual presence of a local nuisance caused by the existing stack, as determined by the Division; and 

VIII.D.S.b.(iii) For sources seeking credit after January 12, 1979 for a stack 

height determined using the formula, where the Division requires the 

use of a field study or fluid model to verify good engineering practice 

stack height; for sources seeking stack height credit after November 

9, 1984 based on the aerodynamic influence of cooling towers; and 

for sources seeking credit after December 31, 1970 based on the 

aerodynamic influence of structures not adequately represented by 

the formulae: a maximum ground level concentration due in whole or 

part to downwash, wakes or eddy effects that is at least forty percent 

in excess of the maximum concentration experienced in the absence 

of such downwash, wakes or eddy effects. 

~ . . vUperS808d 

I~OV 2010 

CODE OF COLORADO REGULATIONS 
Page 48 31 CR 4, 04-08 

APPENDIX A 

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

The following procedures must be followed in order to determine the appropriate de minimis (minimum) reporting level for each pollutant that is emitted from each emission point at a contiguous site. 

If you do not wish to use the three-scenario approach at your facility, 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 of the release point to 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 or grouped). 

STEP 1: 

( 

Determine which of the three scenarios below applies to the emission point. If different scenarios can 

be applied to the same emission point, use the highest numbered scenario that applies. In the case 

of grouped emission points, use the lowest scenario number (for the entire group) that applies to any ( 

of the single emission points within the group. 

Scenario 1: 

ters; 

Release point less than 10 meters or property boundary less than 1 00 meScenario 2: Release point equal to or greater than 10 meters, but less than 50 meters, or 

property boundary equal to or greater than 1 00 meters, but less than 500 meters; or 

Scenario 3: Release point equal to or greater than 50 meters, or property boundary equal 

to or greater than 500 meters. 

STEP 2: 

Use Appendix B to identify which of the three bins (Bin A, B, or C) the chemical is listed under. 

If the pollutant is not listed, it does not have to be reported unless it is included in a chemical compound group. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
( 

© 2008 State of Colorado 

All Rights Reserved 

STEP 3: 

31 CR 4, 04-08 

Use the table below to 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 or grouped). 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 CR 4, 04-08 

APPENDIXB / 

( 

Non-criteria Reportable Pollutants (Sorted by BIN) 

Note: HAP means federal, or federal 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 -Ch loroacetophenone A 

HAP 79469 2-Nitropropane A 

HAP 119937 3,3'-Dimethyl benzidine A 

HAP 91941 3, 3-Dich lorobenzidene A 

HAP 119904 3, 3-Dimethoxybenzidi ne 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 of Colorado 

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 

Cobalt compounds (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 (except elemental 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 State of Colorado 

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-N itrosomethylam ine) ( Propion itri le) 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 of Colorado 

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 

Form para nate 

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 CR 4, 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 Sulfur trioxide 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 of Colorado 

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 

Cobalt compounds (as cobalt metal dust and fumes) A 

Coke Oven Emissions A 

Cyanide compounds A 

Fine mineral fibers A 

Glycol ethers A 

Lead compounds (except elemental 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 -Acetylam inofluorene 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 of Colorado 

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_ylth iou rea) 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-N itrophenol 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 

1 A-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 vupr.:v·~.--, '-"l y "~ ·. ''P.G 

NOV 2210 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Colorado Supreme Court librar, 
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 CR 4, 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 (T etraethyld ith iopyrophosphate) 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) 

Hexach lorobenzene 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 

Hyd roq u inane 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 of Colorado 

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 CR 4, 04-08 Page 61 

Toxics BIN 

Perch loroethylene _(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 Colorado Supreme 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 of Colorado 

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 

Cou matetralyl 

Sulfur trioxide 

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 of this Part B shalf; apply statewide. All sources that did not commence construction or operation prior to Februal)' 1,.1972, are required to have a construction permit 

except as specified in Section II. 

II. General Requirements For Construction Permits 

II.A. General Considerations 

II.A.1. Except where specifically authorized by the terms of this Regulation Number 3, no 

person shall commence construction ef any stationary source or modification of a stationary source without first obtaining or having a valid construction permit from the 

Division. · 

II.A.2. Any permit that has been issued pursuant to a prior regulation of the Commission, 

with respect to a project or the operation thereof, shaU c~mtinue in full force and effect 

for the purpose for that it was originally issued, unless this current regulation no 

longer requires such permit, in that case the permit can be rescinded upon request of 

the owner or operator of the permitted source. 

II.A.3. Any orders or decisions of the Oivisoion shall be final upon issuance, according to 

Section III.F.3. of this 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 the permit appli<:ation or as requested In the application. The 

emission rate associated "ith the requested proouctionlprocess rate shaD be a permit 

condition. For permits to •mit the potential to emit criteria or hazardous air pollutants 

the Division may modify the production/process rate, hours of ~n or other requested permit conditions! in Qrder to create state-only or federally and practically enforceable permit conditions; provided, however, that the applicant may decline to accept such modifications and elect instead to forego limits on its potential to emit or 

pursues any right of apJ>E$1 or other available alternative. Fot details regarding permits to limit the potential tQ emit hazardous air pollutants see Regulation Number 8, 

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 subject to Cotorado Maximum Achievable Control Technology 

or Generally Avai~ Control Technology; 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 subject to Federal Maximum Achievable Control Technology or 

Generally Available Control Technology standards; or 

II.A.5.d. The source is subject ~o Regulation Number 6, PartE, where the more specific requirements of Regulation Number 8, Part E, take precedence over requirements in this1regulation. 

CODE OF COLORADO REGULATIONS 

(