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URL: http://vosemite.epa .90V/R8/R8s~s.nsf// 

Region 8: EPkgSAi~l~ifttftjbWStRt~tlRfp\e~~8nr2n , 2010. 

Plans 

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Colorado 

1 

Agencyl Department of Public Health and 

Environment 

I Affected ArealiStatewide I 

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RegulationllCommon Provisions Regulation I 

Rule #112 I 

I Rule TitlellGeneral I 

State Adoption 

Date(s) 

112/15/2006 

I 

State Effective 

Date(s) 

1°3/04/2007 

1°8/01/2007 

1°8/07/2008 

173 FR45879 

State Submittal 

Date(s) 

Final Federal 

Register Date 

Federal 

Register 

Citation # 

Order: 

II. GENERAL 

II.A To Control Emissions Leaving 

Colorado 

When emissions generated from 

sources in Colorado cross the State 

boundary line, such emissions shall 

not cause the air quality standards 

of the receiving State to be 

exceeded, provided reciprocal action 

is taken by the receiving State. 

II.B Emission Monitoring 

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Requirements 

The Division may require owners or 

operators of stationary air 

pollution sources to install, 

maintain, and use instrumentation to 

monitor and record emission data as 

a basis for periodic reports to the 

Division. 

II.C Performance Testing 

II.C.1 The owner or operator of 

any air pollution source shall, 

upon request of the Division, 

conduct performance test(s) and 

furnish the Division a written 

report of the results of such 

test(s) in order to determine 

compliance with applicable 

emission control regulations. 

II.C.2 Performance test(s) shall 

be conducted and the data 

reduced in accordance with the 

applicable reference test 

methods unless the Division: 

II.C.2.a specifies or 

approves, in specific cases, 

the use of a test method 

with minor changes in 

methodology; 

II.C.2.b approves the use of 

an equivalent method; 

II.C.2.c approves the use of 

an alternative method the 

results of which the 

Division has determined to 

be adequate for indicating 

where a specific source is 

in compliance; or 

II.C.2.d waives the 

requirement for performance 

test(s) because the owner or 

operator of a source has 

demonstrated by other means 

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to the Division's 

satisfaction that the 

affected facility is in 

compliance with the 

standard. Nothing in this 

paragraph shall be construed 

to abrogate the Commission's 

or Division's authority to 

require testing under 

Article 7 of Title 25, 

Colorado Revised Statutes 

1973, and regulations of the 

Commission implemental 

thereof. 

II.C.3 Compliance test(s) shall 

be conducted under such 

conditions as the Division shall 

specify to the plant operator 

based on representative 

performance of the affected 

facility. The owner or operator 

shall make available to the 

Division such records as may be 

necessary to determine the 

conditions of the performance 

test(s). Operations during 

period of startup, shutdown, and 

malfunction shall not constitute 

representative conditions of 

performance test(s) unless 

otherwise specified in the 

applicable standard. 

II.C.4 The owner or operator of 

an affected facility shall 

provide the Division 30 days 

prior notice of the performance 

test to afford the Division the 

opportunity to have an observer 

present. The Division may waive 

the 30 day notice requirement 

provided that arrangements 

satisfactory to the Division are 

made for earlier testing. 

II.C.5 The owner or operator of 

an affected facility shall 

provide, or cause to be 

provided, performance testing 

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facilities as follows: 

II.C.5.a Sampling ports 

adequate for test methods 

applicable to such facility 

II.C.5.b Safe sampling 

platform(s) 

II.C.5.c Safe access to 

sampling platform(s) 

II.C.5.d Utilities for 

sampling and testing 

equipment. 

II.C.6 Each performance test 

shall consist of at least three 

separate runs using the 

applicable test method. Each run 

shall be conducted for the time 

and under the conditions 

specified in the applicable 

standard. For the purpose of 

determining compliance with an 

applicable standard the 

arithmetic mean of results of at 

least three (3) runs shall 

apply. In the event that a 

sample is accidentally lost or 

conditions occur in which one 

(1) of the runs must be 

discontinued because of forced 

shutdown, failure of an 

irreplaceable portion of the 

sample train, extreme 

meteorological conditions, or 

other circumstances beyond the 

owner or operator's control, 

compliance may, upon the 

Division's approval, be 

determined using the arithmetic 

mean of the results of the two 

(2) other runs. 

II.C.? Criteria shall be 

established by the Division for 

the implementation of the 

requirements specified by 

Section II.D. of this 

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regulation. 

II.C.S Nothing in this Section 

shall abrogate the Division's 

authority to conduct its own 

performance test(s) if so 

warranted. 

II.D. Ambient Air Monitoring 

Requirements (Reserved) 

II.E. Affirmative Defense Provision.... for Excess Emissions During 

Malfunctions 

II.E.l. An affirmative defense 

to a claim of violation under 

these regulations is provided to 

owners and operators for civil 

penalty actions for excess 

emissions during periods of 

malfunction. To establish the 

affirmative defense and to be 

relieved of a civil penalty in 

any action to enforce an 

applicable requirement, the 

owner or operator of the 

facility must meet the 

notification requirements of 

Section II.E.2. in a timely 

manner and prove by a 

preponderance of evidence that: 

[Eff 03/04/2007] 

II.E.l.a. The excess 

emissions were caused by a 

sudden, unavoidable 

breakdown of equipment, or a 

sudden, unavoidable failure 

of a process to operate in 

the normal or usual manner, 

beyond the reasonable 

control of the owner or 

operator; [Eff 03/04/2007] 

II.E.l.b. The excess 

emissions did not stem from 

any activity or event that 

could have reasonably been 

foreseen and avoided, or 

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planned for, and could not 

have been avoided by better 

operation and maintenance 

practices; [Eff 03/04/2007] 

II.E.l.c. Repairs were made 

as expeditiously as possible 

when the applicable emission 

limitations were being 

exceeded; [Eff 03/04/2007] 

II.E.l.d. The amount and 

duration of the excess 

emissions (including any 

bypass) were minimized to 

the maximum extent 

practicable during periods 

of such emissions; [Eff 

03/04/2007] 

II.E.l.e. All reasonably 

possible steps were taken to 

minimize the impact of the 

excess emissions on ambient 

air quality; [Eff 

03/04/2007] 

II.E.l.f. All emissions 

monitoring systems were kept 

in operation (if at all 

possible); [Eff 03/04/2007] 

II.E.l.g. The owner or 

operator's actions during 

the period of excess 

emissions were documented by 

properly signed, 

contemporaneous operating 

logs or other relevant 

evidence; [Eff 03/04/2007] 

II.E.l.h. The excess 

emissions were not part of a 

recurring pattern indicative 

of inadequate design, 

operation, or maintenance; 

[Eff 03/04/2007] 

II.E.l.i. At all times, the 

facility was operated in a 

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manner consistent with good 

practices for minimizing 

emissions. This Section 

II.E.l.i is intended solely 

to be a factor in 

determining whether an 

affirmative defense is 

available to an owner or 

operator, and shall not 

constitute an additional 

applicable requirement; and 

[Eff 03/04/2007] 

II.E.l.j. During the period 

of excess emissions, there 

were no exceedances of the 

relevant ambient air quality 

standards established in the 

Commissions' Regulations 

that could be attributed to 

the emitting source. [Eff 

03/04/2007] 

II.E.2. Notification [Eff 

03/04/2007] 

The owner or operator of the 

facility experiencing excess 

emissions during a malfunction 

shall notify the division 

verbally as soon as possible, 

but no later than noon of the 

Division's next working day, and 

shall submit written 

notification following the 

initial occurrence of the excess 

emissions by the end of the 

source's next reporting period. 

The notification shall address 

the criteria set forth in 

Section II. E. 1 ., above. [Eff 

03/04/2007] 

II.E.3. The Affirmative Defense 

Provision contained in this 

Section II.E. shall not be 

available to claims for 

injunctive relief. [Eff 

03/04/2007] 

II.E.4. The Affirmative Defense 

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Provision does not apply to 

failures to meet federally 

promulgated performance 

standards or emission limits, 

including, but not limited to, 

new source performance standards 

and national emission standards 

for hazardous air pollutants. 

The affirmative defense 

provision does not apply to 

state implementation plan (sip) 

limits or permit limits that 

have been set taking into 

account potential emissions 

during malfunctions, including, 

but not necessarily limited to, 

certain limits with 30-day or 

longer averaging times, limits 

that indicate they apply during 

malfunctions, and limits that 

indicate they apply at all times 

or without exception. [Eff 

03/04/2007] 

II.F. Circumvention Clause 

A person shall not build, erect, 

install, or use any article, 

machine, equipment, condition, or 

any contrivance, the use of which, 

without resulting in a reduction in 

the total release of air pollutants 

to the atmosphere, reduces or 

conceals an emission which would 

otherwise constitute a violation of 

this regUlation. No person shall 

circumvent this regulation by using 

more openings than is considered 

normal practice by the industry or 

activity in question. 

II. G. Conflicts 

Nothing in these regulations is 

intended to permit any practice 

which is a violation of any statute, 

ordinance or regulation. 

II.H. Severability Clause 

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