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Colorado

1 AgencylDepartmentofPublicHealthand Environment 

### I AffectedArealiStatewide 

### I 

# I I RegulationllCommonProvisionsRegulation 

### I Rule

## #112 I 

## I RuleTitlellGeneral 

### I

StateAdoption Date(s)

### 112/15/2006 I StateEffective Date(s)

### 1°3/04/2007

1°8/01/2007
1°8/07/2008

173FR45879 StateSubmittal Date(s) FinalFederal RegisterDate Federal Register Citation

### #


### Order:

II. GENERAL

II.ATo 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 tobe exceeded, provided reciprocal action is takenby the receiving State.

II.B EmissionMonitoring

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Requirements

The Divisionmay 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 airpollution 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.dwaives the requirement for performance test(s) because the owner or operator of a source has demonstrated by othermeans

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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 Divisionmay 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 Samplingports adequate for test methods applicable to such facility

II.C.5.b Safe sampling platform(s)

II.C.5.c Safe access to samplingplatform(s)

II.C.5.dUtilities for sampling and testing equipment.

II.C.6 Eachperformance test shall consist of at least three separate runs using the applicable test method. Each run shall be conducted for the time andunder 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 inwhich one (1) of the runs must be discontinuedbecause 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 determinedusing the arithmetic
mean of the results of the two (2) other runs.
II.C.? Criteria shall be establishedby the Division for the implementation of the requirements specifiedby 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 violationunder 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 tobe 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 andprove by a preponderance of evidence that:

[Eff 03/04/2007]

II.E.l.a. The excess emissions were causedby 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 reasonablybeen foreseen and avoided, or



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planned for, and couldnot have been avoided bybetter operation andmaintenance 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 couldbe 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 thannoon 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 reportingperiod. 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 promulgatedperformance standards or emission limits, including, but not limited to,
new source performance standards and national emission standards for hazardous airpollutants. The affirmative defense provision does not apply to state implementationplan (sip) limits orpermit 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

Aperson 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 airpollutants to the atmosphere, reduces or conceals an emissionwhich 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 anypractice which is a violation of any statute, ordinance or regulation.

II.H. Severability Clause

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