DEPARTMENT OF PUBLIC
 

HEALTH AND ENVIRONMENT
 

Am QUALITY CONTROL COMMISSION 

REGULATION No.3
 

STATIONARY SOURCE PERMITTING AND AIR
 

CONTAMINANT EMISSION NOTICE REQUIREMENTS
 

5 CCR 1001-5 

EDITOR'S NOTES*
 

Authority Cited:
 

Article 7 of Title 25, C.R.S.
 

History and Amendments:
 

Amended 1/1217B, 1 CR 2. Repealed and readopted 12/14flB, 2 CR 1. pp. 7-8.01 adopted
 

as emergency regulation 6nn9, 2 CR 7. P. 12 approved 7/12/79, 2 CR 8. Pp.1-26
 

repromulgated 6/5180, effective 7130/BO, 3 CR 7. Pp. 7-8,25 adopted 5/13/82, effective
 

6/30/82,5 CR 6. pp. 1-52 adopted 3/10/83, effective 4/30/83.6 CR 4. pp. 34-60 adopted
 

217/B5. EFFECTIVE 3/30185,8 CR 3. pp. 1~1 adopted 3/20/86, effective 4/30/86,9 CR 4.
 

Pp. 21-22 reissued due to clerical error by Department of Health, 9 CR 7. Pp. 1-58 adopted
 

3/19/87, effective 4130/87, 10 CR 4. Pp. 59-63 ado~ed 11/19/87, effectiw 12/30/87.
 

10 CR 12. P. 42 adopted as emergency regulation 6116/88, effective 6/16188,11 CR 7.
 

Pp. 1-74 adopted 8118/8B, effective 9/30/88,11 CR 9. Pp. 48-49 adopted 9/15188, effective
 

1013OlB8; p. 48E adopted as emergency regulation 9120188, effective 912W88, 11 CR 10.
 

P.49 adopted as emergency regulation 6/1/89, effedive 6/1/89; p. 50 adopted as emergency 

regulation 6/15/89, effectiw 6/15/89,12 CR 7. P. 50 adopted as emergency regulation 

9/21/89, effective 9/21/89, 12 CR 10. pp. 1-74 adopted as emergency regulation 1/18/90, 

A. G. Opinions: 

1 AG 129; 2AG 15; 2 AG 162; 3AG 187; 5 AG 150; 6AG 110-111; 8 AG 52; 9AG 88; 

9 AG 193; 10 AG 101; 10 AG 359; 11 AG 206; 11 AG 271; 11 AG 31B-319; 12AG 21>216; 

AnDotations: 

Colorado-Ute Electric Association v. Air Pollution COntrol Commission, Colorado Court of 

Appeals No. n-662, November 27, 1981, held that the Air Pollution Control Commission 

did not have statutory authority to issue section II.H.1 of Air Pollution Control Commission 

Regulation NO.3 (5 CCR 1001-5) governing the issuance of air contaminant emission 

pennits. 

*This Title Page does not constitute an official part ofany regulation. Information contained on the title page is provided by the Publisher 

from sources deemed reliable and is solely for informational and historical purposes. See cautionary note in Introductory Materials. How 

to Use the CCR­

© 2004 Weil Publishing for the State ofColorado. All Rights Reserved. (800) 877-WEIL 

fEB LOOS] 
EDITOR'S NOTES (continued) 

History aDd Amendments: 

13 CR2. Pp.1-78 adopted 5/17190, effective 6130/90,13 CR 6. Pp. 1-75 adopted 10/17/91, effective 

11130191 , 14 CR 11. Pp. 1-36 adopted 8120/92, effective 9/30192, 15 CR 9. Pp. 76-93 adopted as emergency regulation 10/15192, effective 10/15192, 15 CR 11. Pp. 1-75 adopted 11/19/92, effective 12130/92, 

15 CR 12. Pp. 1-142 adopted 6/22/93, effective 8130/93,16 CR 8. Pp. 1-236 adopted 7/15/93, effective 

9130/93, 16 CR 9. pp. 11-15,25-31,62-63,67-70,95-97 adopted 2/17/94, effeaive 4130194; p. 48 adopted 

3/17/94, effective 4130194,17 CR 4. Pp.141-142 adoiXed as emergency regulation 5/19/94, effective . 

5123194,17 CR 7. pp. 1-220 adopted 8/18/94, effective 9130194,17 CR 9. Pp. 48-60 adopted 10/20194, effective 12130194, 17 CR 12. Pp. 25-27,39-43,125-126,128-128.02 adopted 11/17194, effective 1/30/95, 

18 CR 1. Pp. 73, 8D-81 adopted as emergency regulation 12/15/94, effective 12/15/95,18 CR 2. Pp.73-74 

adopted 2116195, effective 2/16/95,18 CR4. Pp. 5-6, 9-14.16-22. 24-25, 28-30, 42-44,49-50,56-56.01,62-66, 

75-76,78-80,83-87,97-98,100-100.02 adopted 3/16195. effective 5130/95,18 CR 5. Pp. 45, 73.01, 76-77, 78­

82 adopted 5/18/95, effective 7130195,18 CR 7. Pp. 1-25, 46-56,78-95.01, 104-106, 11~111.01 adopted 

8/17/95, effective 10130/95,18 CR 10. pp. 20-24, 30-31, 96-98 adoiXed 12/21/95, effective 3/1196,19 CR 2. 

Pp. 4445 adopted 2115/96, effective 4130196, 19 CR 4. pp. 4,41,41.02-45, 75.01-76, 8~82, 125-128.02 

adopted 3/21/96, EFFECTIVE 5130196,19 CR 5. Pp. 3-5,25-26,50,64.01-66.76,119,145,147-149,157-158, 

168-169, 179,184-185,201-202,207-208 adopted 6120/96, EFFECTIVE 8130/96,19 CR 8. Pp.48-63.05 

adopted 10124196, EFFECTIVe 12130196, 19 CR 12. pp. 165-209 adopted 11/21/96, EFFECTIVE 1130197. 

20 CR 1. Pp. 119-157.227-229 adopted 11/18/99, EFFECTIVE 1130100, 23 CR 1. Pp. 118.01-118.02 

Adopted 11/15101, EFFECTIVE 12130/01, 24 CR 12. pp. 73-118.06,144-146.01,230-234 adopted 2/21/02, 

EFFECTIVE 4130/02, 25 CR 4. 

AG. Opinions: 

12 AG 341; 13 AG 51-52; 13 AG 176; 14 AG 360; 15 AG 361-361A; 15 AG455; 15 AG 508; 16 AG 275; 

16 AG 306; 17 AG 140-141; 17 AG 269; 17 AG 348; 17 AG 480; 18 AG 30; 18 AG 77; 18 AG 140; 18 AG 180; 

18 AG251; 18 AG 364; 19 AG 52; 19 AG 111; 19 AG 125-126: 19 AG 236-237; 19AG 380; 20AG 19; 

23 AG 8; 24 AG 363; 25 AG 120 

Annotations:
 

Rule IV, H.6, adopted 5/17190, was not extended by H.B. 91-1257 and therefore expired June 1, 1991.
 

5 CCR 1001-5 Page 2 
EDITOR'S NOTES (continued) 

History and Amendments:
 

pp. 1-260 adopted 7/18/02, EFFECTIVE 9/30/02,25 CR 9. pp. 1-275 adopted 10/17/02, EFFEcrIVE 12/30/02,
 

25 CR 12. Regulation LA adopted 03/21/03, EFFECI1VE 04/30/03, 26 CR 4. pp. 41-42.2,277-279 adopted 03/12/04,
 

EFFECTIVE 05130/04,27 CR 5. Regulation No.3 (pp 1-360) adopted 04/16/04, EFFECTIVE 06130/04,27 CR 6. Part B
 

adopted by technical correction, 27 CR 12.
 

A.G. Opinions:
 

25 AG 312; 25 AG 431; 26AG 162; 27 AG 170; 27 AG 208
 

Annotations: 

<bl2004 Weil Publishing for the State ofColorado 

All Rights Reserved. (800) 877-WEIL Page 3 5 CCR 1001-5 
<C> 2004 Weil Publishing for the State of Colorado 27 CR 6, 6-04 Page 139 

All Rights Reserved 

PART 0 

CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND
 

PREVENTION OF SIGNIFICANT DETERIORATION
 

I.	 APPLICABll..ITY 

IA.	 General Applicability 

I.A.I.	 This Part D shall apply to any new or existing major stationary source. 

Any new major stationary source or major modification, to which the requirements of 

this Part D apply, shall not begin actual construction in a nonattainment, attainment, 

or unclassifiable area unless a permit has been issued containing all applicable state 

and federal requirements. _.._-------­

~.2. Except as otherwise provided in sections XVI. and XVII ofthis Part D, and cOllsiste 

", with the definition ofmajor modification (section lI.A.23. ofthis Part), a project' a 

'''''''- major modificationfor a regulated NSR pol/utant ifit causes two types ofem' IOns 

'-itzcreases - a significant emissions increase (as defined in section n.A.A4. this 

P'dnj. and a significant net emissions increase (as.defined in sections .27. and 

B.A.#....ofthis Part). The project is not a major modificatiolt ifit do not cause a 

signific~emissions increase. Ifthe project causes a significant isalons increase. 

then the prOJec..t is a major modification only ifit also resultsjtia significant net 

emissions incr~e. ,//

,	 // 

I.A.3.	 The procedurefor ca lating (before beginning ac.tw:zl construction) whether a 

significant emissions incr e (i.e.• thejirst stepp/the process) will occur depends 

upon the type ofemissions u . being const¢ted or modified. according to sections 

I.B.]. through I.BA. ofthis Pa. e prCjpedure for calculating (before beginning 

actual construction) whether a sign ClInt net emissions increase will occur at the 

major stationary source (i.e.• the s¢o step ofthe process) is contained in the 

definition ofNet Emissions Ine;:etise (seeti IlA.27. ofthis Part). Regardless ofany 

such preconstruction proje9i'ons. a major m . cation results ifthe project causes a 

significant emissions iny£ase and a significant emissions incre.ase. 

/' 

I.B.	 Applicability Testy' 

I.B.I.	 Actual-to-pr~ed-actualapplicability testfor projects thal'o~ly involve existing / .	 '. 

emisrnits·>,·o...o 

A gnificant emissions increase ofa regulated NSR pollutant is projeCted to occur if 

e sum ofthe diffrrence between the projected actual emissions (as dejin).J in 

section lI.A.38. ofthis Part) and the baseline actual emissions (as defined in tions 

IlA.4.a. and IIAA.b. ofthis Part. as applicable). for each existing emissions um • 

Regulation No.3 Part D, Page 142 

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CODE OF COLORADO REGULATIONS	 5 CCR 1001-5
 
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equals or exceeds the significant amountfor that pollutant (as defined in section 

IJ.A..44. ofthis Part). 

Actual-ta-potential testfor projects that only involve construction ofa new em' sions 

unit(s}. 

ignificant emissions increase ofa regulated NSR pollutant is project 

1.B.3. 

the m ofthe difference between the potential to emit (as defined in s 'on LB.J5. of 

Part ofthis regulation)from each new emissions unitfollowing co I]Jletion ofthe 

project the baseline actual emissions (as defined in section n. .4. ofthis Part) of 

these uni before the project equals or exceeds the significant a ountfor that 

M'I1L1P14".~ ofemissions units. 

constructed and operated a Clean Unit without causing 

its Clean Unit designati , no emissions increase is deemed 

For a project that wi 

the emissions unit to la 

to occur. 

Hybrid testfor projects that i 

ated NSR pollutant is projected to occur if 

ch emissions unit, using the methods 

. ofthis Part as applicable with respect to 

eds the significant amountfor that 

is Part}. For example. ifa project 

Clean Unit. the projected increase is 

determined by summing th alues determ' ing the methodspecified in section 

LB./.for the existing uni and using the method ecified in section lB.3. for the 

aean Unit. 

pollutant (4 defined in section lI.A..44. ofthis Part). 

I.B.4. 

I.B.S.	 

projected-actual 

An owner or opera 

estfor

r of

a

a 

project

major stationary 

that requires

source 

a minor 

'tV conducts 

it modification

the actual-toin 

accordance wi section X ofPart C. requires a significa ermit modification ill 

accordance 'th section LA.3. ofPart C, a modification as med in section lB.26. 

ofPart A that requires a minor source permit under Part B 

app/icat' n including: 

Regulation No. 3 

Revision 4116/2004 

I.B.J.a.	 All calculations and supporting documentation used to deter 'ne baseline 

actual emissions ofeach emissions unit affected by the project; 

All calculations and supporting docutnentation used to determine p 'ected 

actual emissions ofeach existing emissions unit affected by the proje . 

A determination ofthat portion ofeach existing unit's emissionsfollowin the 

project that the unit could have accommodated during the consecutive twe 

5 CCR 1001-5	 CODE OF COLORADO REGULATIONS
 
«:> 2004 Weil Publishing for the State of Colorado 27 CR 6, 6-04 Page 141 

All Ri ts Reserved 

four month period wed to establish the baseline actual emissions a that are 

related to the project. including any increased utilization due product 

d nd growth: and, 

'n/ormation requested by the division that be needed to 

emissions unit affected by 

The information submitted , 

I.B.J.d. 

The requirement that the owner oper. r ofa major stationary source who 

conducts the actual-to-proje a-actual tes r a project that requires a minorpermit 

modification submit info tion in accordanc ith sections LE.5.a. through I.B.5.d., 

as set out in this sub tion I.B.5.• shall not be fe ally enforceable and shall not be 

incorporated into e stat~ implementation plan. 

I.e.	 For any m . r stationary source requesting, or operating er, a Piantwide 

Applic ity Limitation (as defined in section D.A.34.) for alatedNSR pollutant, 

the ajor stationary source shall comply with the requirements ection XPD. of 

Part. 

An owner or operator undertaking a Pollution Control Project (as define
 

D.A.35.) shall comply with the requirements ofsection XVI. ofthis Part.
 

ll. Definitions 

llA. The following definitions apply specifically to the provisions contained in this Part D. 

llA.I. Actual Emissions 

. The actual rate of emission of a regulated NSR pollutant from an emissions unit, 

detennined as follows: 

II.A.I.a.	 Actual emissions as of a particular date shall equal the average rate, in tons 

per year, at which the unit~~tted the pollutant dming a two-year 

coii89iiUffo,.~-melltyfeuFI1iDiifb. period that precedes the particular date and is 

representative ofnonna! unit operation. A different period may be used if it is 

more representative ofnormal unit operation. Actual emissions shall be 

calculated using acnial operating hours, production rates, and types 

ofmaterials stored or combusted or actual emission data during the 

selected time period; 

II.A.I.b.	 The division may presume that source-specific allowable emissions for the 

unit are equivalent to the actual emissions oftbe unit only if actual emissions 

cannot be detennined pursuant to section I.B.I.a., above; 

Regulation No.3 Part D, Page 144 

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CODE OF COLORADO REGULATIONS	 5 CCR 1001-5
 
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II.Al.c,	 For any emissions unit (other than an electric utility steam generating unit) 

that has not begun nonnal operations on the particular date, actual emissions 

shall equal the potential to emit ofthe unit on that date. 

II.AJ.d. 'tion sholl not applyfor calculating whether as" ISsions 

increase has occu tablis . u er section XVil. ofPart 

D ofthis regulati ,sections '" .A.4. ofthis Part shall 

r ese purposes. 

n.Al.e.	 For an electric utility steam generating unit <other than a new unit or the 

Te,placement of an existing unit) actual emissions ofthe unit following the 

physical or operational change shall egual the rc;presentative actual annupJ 

emissions ofthe unit. provided the source owner or operator maintains and 

submits to the division on an annual basis. for a period offive years from the 

date the unit resumes regular operation. information demonstrating that the 

physical or operational change did not result in an emissions increase. A 

longer period. not to exceed ten years. may be required by the division ifit 

determines such a period to be more re,presentative ofnonnal source post 

change operations. 

-=::~-------------~_._---'-----'--------==:=-

~~~~n§~~~:e~on the baseline actual emissions 

(as defined in section 1.. IS Part _~ sions units (as defined in the 

~~""e PAL

Comm IOns regulation) at the source that emit 0 tential to emit 

ollutant. 

II.A.3. Air Quality Related Value 

Any value of an area that may be affected by a change in air quality. Examples 

include flora, fauna. soil, water, visibility, cultural, and odor. 

-	 .­

issions, in tons peryear, ofa regulatedNSR POII~ermined in 

accordance wit 'ons II.AA.a. through II.A.4./"......,. 

II.A.4.a.	 For any existing electrr . ity stea erating unit (as defined in section 

II.A.I5. ofthis Part), base/in / emissions means the average rate, in 

tons per year, at whic e unit actuo itted the pollutant during any 

consecutive =Jour month period select he owner or operator 

withi we yearperiod immediately preceding w owner or operator 

gins actual construction ofthe project. The division shall a the use ofa 

different time period upon a determination that it is more representa 

normal source operation. 

aseline Actutil Emissions 

The rate 

Regulation No.3 Part D, Page 145 

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5 CCR 1001-5	 CODE OF COLORADO REGULATIONS
 
ll.AA.a.(iv) 

1I.AA.b.(i) 

/I.AA.b. 

4:>2004 Weil Publishing for the State ofColorado 27 CR 6, 6-04 Page 143 

The average rate shall includefugitive emissions to the extent 

quantifiable. and emissions associated with startups, shutdowns. and 

maljUnctions. 

The average rate shall be adjusted downward to exclude any no 

compliant emissions that occurred while the source was opera g above 

any emission limitation that was legally enforceable during t e 

consecutive twenty-four month period. 

//.AA.a. (i) 

For a regulated NSR pollutant. when a project invotv 

units, only one consecutive twenty-four month perio ay be used to 

termine the baseline actual emissionsfor the e . sions units being 

All Ri bts Reserved 

lI.AA.b.(ii) Th average rate shall be adjusted downward exclude any nono mpliant emissions that occurred while the sour, was operating above 

an emission limitation that was legally enforceable 

twenty-four month period. 

ch ged. A different conseCutive twenty-four mo th period can be usedfor 

each egulated NSR pollutant. 

The e rate shall not be based on an 

periodfor hich there is inadequate inA ation for determining annual 

emissions. i ons peryear. andfor ling this amount ifrequired by 

section /I.AA. ii). 

For an existing emissl 

unit), baseline actual e 

The avera rate shall includefugitive issions to the extent 

quantifi Ie. and emissions associated startups, shutdowns, and 

maljU "OllS. 

The average rate shall be adjusted downward to exclude y emISSions 

that would have exceeded an emission limitation with whic he major 

stationary source must currently comply. had the major statio ary source 

been required to comply with such limitations dUring the conse rive 

twenty-four month period. However, ifan emission limitation is p ofa 

maximum achievable control technology standard contained in Pa of 

Regulation No.8, the baseline actual emissions need only be adjuste . 

Regulation No. 3 Part D, Page 146 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5
 
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the State has taken creditfor such emissions reductions in an atta' 

demonstration or maintenanceplan. 

or a regulated NSR pollutant, when a project involves ltiple emissions 

un' only one consecutive twenty-four month peri ust be used to 

deter . the baseline actual emissionsfor the e sions units being 

changed. different consecutive twenty-four nth period can be usedfor 

each regular, NSR pollutant. . 

ll.A.4.b.(v) 

ll.A.4.c.	 For a new emissions , the baseline al emissionsfor purposes of 

. ions increase that WI emItfrom the initial 

construction a operation ofsuch unit shall I zero; and thereafter, for 

SU, shall equal the unit's potentia emit (as defined in 

.35. ofPart A ofthis regulation). 

n.A.4.d.	 Pi a PAI.for a major stationary source, th.e baseline aetua issions shall 

e calculatedfor existing electric utility steam generating units' accordance 

. with the procedures contained in section ll.A. 4.a., for other existin issions 

units in accordance with the procedures contained in section ll.A.4.b., d for 

a new emissions unit in accordance with the procedures contained in sec . n 

lI.A.4.c. 

n.A.s. Baseline Area 

II.A.S.a Any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under sections I07(dXl)(D) or (E) ofthe Federal Act in which 

the major source or major modification establishing the minor source baseline 

date would construct or would have an air quality impact equal to or greater 

than one microgram/cubic meter (J.lg/m3

) (annual average) ofthe pollutant for 

which the minor source baseline date is established. . 

n.A.5.b. Area redesignations under section l07(d)(l)(D) or (E) ofthe Federal Act 

cannot intersect or be smaller than the area ofimpact ofany major stationary 

source or major modification that: 

n.A.5.b.(i) Establishes a minor source baseline date, or 

n.A.5.b.(ii)	 ls subject to this Part D. and would be constructed in the same state as the 

state proposing the redesignation. 

II.A.S.c.	 Any baseline area established originally for the total suspended particulate 

increments shall remain in effect and shall apply for purposes of determining 

Regulation No.3 Part D, Page 147 

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All Rights Reserved 

the amount of available PMIO increments, except that such baseline area shall 

not remain in effect ifthe pennit authority rescinds the corresponding minor 

source baseline date in accordance with section n.A.26.c. 

II.A.6. Baseline Concentration 

The ambient concentration level that exists in the baseline area at the time ofthe 

applicable minor source baseline date. Abaseline concentration is detennined for 

each pollutant for which a minor source baseline date is established and shall include: 

n.A.6.a.	 The actual emissions representative ofsources in existence on the applicable 

minor source baseline date. except as otherwise provided in this definition; 

and 

n.A.6.b.	 The allowable emissions from major stationary sources that commenced 

construction before the major source baseline date. but were not in operation 

by the applicable minor source baseline date. 

ll.A.6.c.	 The following will not be included in the baseline concentration and will 

affect the applicable maximwn allowable increase(s): 

n.A.6.c.(i) Actual emissions from any major stationary source on which construction 

commenced after the major source baseline date; and 

n.A.6.c.(ii)	 Actual emission increases and decreases at any stationary source occurring 

after the minor source baseline date. 

Initiation ofphYSIC - ite construction activities emissions unit that are ofa 

permanent nature. Such aetivi . I are not limited to, installation of 

building supports andfou , laying oundpipewor1c, and construction 

ofpermanent structures. With respect to a c . he method of 

o '. this term refers to those on-site activities other than pr activities 

that marie the initiation ofthe change. 

n.A.8. Best Available Control Technology (BACf) 

An emission limitation (including a visible emissions standard) based on the 

maximum degree ofreduction of each:KTegulated NSR pollutant suejeet te 

regttlatieft Itft~er the feliefBI J..@t that woUld be emitted from any proposed major 

stationary source or major modification that the division or conunission, on a 

case-by-case basis, taking into account energy. environmental. and economic impacts 

and other costs, determines is achievable for such source or modification through 

application ofproduction processes or available methods. systems. and techniques, 

including fuel cleaning or treatment or innovative fuel combustion techniques for 

control of such pollutant. In no event shall application ofthe best available control 

Regulation No.3 Part D, Page 148 

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CODE OF COLORADO REGULATIONS	 5 CCR 1001-5
 
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technology result in emissions of any pollutant that would exceed emissions allowed 

by the applicable standards in the Code ofFederaI Regulations, Title 40, Parts 60 and 

61 (Regulation No.6, Part A, and Regulation No.8, Part A) as in effect on the 

effective date ofthis clause, but not including later amendments, unless such 

amendments are specifically incorporated by reference in accordance with the 

provisions ofColorado Revised Statutes section 24-4-103 (12.5). Information as to 

the availability ofsuch standards may be obtained from the Director, Air Pollution 

Control Division, Colorado Department ofPublic Health and Environment, 4300 

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

Ifthe division or commission determines that technological or economic limitations 

on the application ofmeasurement methodology to a particular emissions unit would 

make the imposition ofan emissions standard infeasible, it may instead prescribe 

designs, equipment, work practices, operationai standards or combination thereof, to 

satisfy the requirement for the application ofbest available control technology. Such 

standard shall, to the degree possible, set forth the emissions reduction achievable by 

implementation ofsuch design, equipment, work practice or operation and shall 

provide for compliance by means that achieve equivalent results. 

Clean Coal Technology 

Any technology, including technologies applied at the pre-combustion, comb on, 

or post-combustion stage, at a new or existing facility that will achieve si . cant 

r ctions in air emissions ofsulfur dioxide or oxides ofnitrogen ass ated with the 

utiliz . n of coal in the generation of electricity, or process ste hicb was not in 

widesprea e as ofNovember 15, 1990. 

II.A.IO. 

n.A.1l. Clean Unit 

ll.A..] l.a. Any lSsions unit (as defined in the Common P,., . ions regulation) that has 

n issued a major NSR permit that requires compli e with BACTor 

LAER, that is complying with such BACTILAER requirem , and that 

qualifies as a Clean Unit pursuant to section XV.A. o/this Pa 

Any emissions unit that has been designated by the Division as a Clea 

in accordance with section xv.B. o/this Part D. 

n.A.12. Complete 

Regulation No.3 Part D, Page 149 

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All Rights Reserved . 

In reference to an application for a major NSR permit, an application that contains all 

the infonnation necessary for processing the application. Designating an application 

complete for purposes ofpennit processing does not preclude the division from 

requesting or accepting any additional infonnation. 

n.A.12.a.	 At a minimum. a complete application for a permit to construct a major source 

or major modification subject to the requirements ofthis Part D shall include: 

n.A.12.a.(i)	 All monitoring data required pursuant to this regulation and an analysis of 

ambient air quality in accordance with section VIA.3. ofthis Part; 

n.A.12.a.(ii)	 The impact analysis required by section VIA.2. ofthis Part, a written 

summary ofthe data inputs to the model, and a topographic presentation 

ofthe resultant concentrations ofeach pollutant modeled for each 

applicable ambient standard or Prevention ofSignificant Deterioration 

increment within the impact area ofthe source; 

n.A.12.a.(iii)	 A report ofthe regulatory status ofthe model pursuant to section vm.A.I. 

ofPart A; 

n.A.12.a.(iv)	 A demonstration that the proposed technological system of continuous 

emission reduction that is to be used will enable such source to comply 

continuously with the standards ofperfonnance that are to apply to such 

source and that the emission inputs to the model for the impact analysis 

are equiValent to the emissions allowed by such standards ofperfonnance; 

n.A.12.a.(v)	 A description ofthe devices or systems that will be installed to monitor 

the emissions of each pollutant that will be emitted in significant amounts. 

maintaining such devices or systems. and the schedule and format for 

reporting the results ofsuch emission monitoring to the division; 

n.A.12.a.(vi)	 The additional impact analysis required by section VI.A.6. ofthis Part; 

any demonstration offacts needed to establish a claim by the applicant to 

qualify for any exemption or exclusion under section VI.B. ofthis Part; 

n.A.12.a.(vii) A schedule of construction in accordance with section ill.GA. ofPart B; 

n.A.12.a.(viii) An additional copy ofthe application for the federal land manager of each 

affected Class 1 area. for the U.S. EPA, for the county commissioner, and 

for'public notice (county clerk). Two additional copies shall be submitted 

for interested ublic 0 s. 

o 

r;es 

Regulation No.3 Part D, Page 1SO

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CODE OF COLORADO REGULATIONS	 seCR 1001-5 
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A rt ofa stationary source that emits or would have thepotential t mit any 

regula NSR pollutant and includes an electric steam generating it as defined in 

section II. . 5. ofthis Part. For purposes o/this Part D, there e two types of 

emissions uni cribed in section ll.A.14.a. and II.A.J4. • elow. 

D.A.14.a. 

n.A.ts. 

s supplied to "a steam distribution system for the purpose ofprovi steam to a 

steam-electric generator that would produce electrical energy for sale is also 

considered in determining the electrical energy output capacity ofthe affected 

facility. 

II.A.14.b. 

A new emissio unit is any emissions unit t is (or will be) newly 

constructed and t has existedfor less n two yearsfrom the date such 

emissions unitfirst op 

Any steam e .c generating unit that is constructed for the ose ofsupplying 

more th nc-third ofits potential electrical output capacity an ore than twentygawatts electrical output to any utility power distribution for sale. Any 

Federal Land Manager (FLM) 

With respect to any lands ofthe United States, the secretary ofthe department with 

authority over such lands. 

High Terrain 

n 

a source. 

n.A.l8. Hydrocarbon com~...... 

having an elevation nine hundredfeet or more above the 

Either aflare used to C y with an·~ source performance standard or 

maximum ac' e control technology standard (inc' uses offlareS during 

sta • utdown, or malfunction permitted under such standa • aflare that 

serves to corltrol emissions ofwaste streams comprisedpredominately 0 

hydrocarbons and containing no more than 230 mgldscm hydrogen sulfide. 

IIA.t9. Innovative Control Technology 

Any system of air pollution control that bas not been adequately demonstrated in 

practice, but would have a substantial likelihood ofachieving greater continuous 

emissions reduction than any control system in current practice or of achieving at 

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least comparable reductions at lower cost in terms of energy. economics, or non-air 

quality environmental impacts. 

n.A.20. 

ll.A.21. Lowest Achievable Emissions Rate (LAER) 

===;;--====

For any source, the more stringent rate of emissions based on the following: 

II.A.21.a.	 The most stringent emission limit contained in any state implementation plan 

for such class or category ofstationary source, unless the owner or operator of 

the proposed stationary source demonstrates that such limits are not 

achievable; or 

ll.A.21.b.	 The most stringent emission limitation that is achieved in practice QL£m 

reasonably be expected to occur in practice by such class or category of 

source. taking into consideration the pollutant that must be controlled. In no 

event shall 41'1'/ii!tHi"" "Jt"~ Mmll'ef."tit "1" l'pMei 1Ie'\i. ", m()Jijietl 

8tsIiMtilI'}' sourc~tany pollutant in excess ofthe amount allowable 

under an applicable new source performance standard (Regulation No.6). 

Major Emissions Unit 

frY emissions unit that emits or has the potential to emit on 

yea more ofthe PAL pollutant in an attainment a 

D.A.21.b.	 at emits or has th ential to emit the PAL pollutant in 

.q[grj:ME!Tthan the major stationary source 

threshold (as defined in 0 .25. ofthis Part)for the PAL pollutantfor 

nonattainment an . or example, in rdance with the definition ofa 

majorSf' ry source (as defined in seerio .25.ofthis Part), an 

e . ons unit would be a major emissions unitfor 'le organic 

compounds ifthe emissions unit is located in an ozone non . ment area 

and emits or has the potential to emit one hundred or more toILS 0 er 

year. 

n.A.23. Major Modification 

Any physical change in or change in the method ofoperation of, or addition to, a 

major stationary source that would result in a significant net emissions increase of 

~aregulated NSR pollutant mbieet to regnlation under the Federal Aet or the 

State Ast (taking into account aU emissions decreases and increases at the source that 

would accompany the modification) and 17 srgnifiet1nt net emts;t;6M ;nel"ea3eo/lhat 

p611f1>fatttfr6". file "'6]81' sltft;tm6ry stJttf'ee. 

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n.A.23.a. Any "Qe""" "fI' P"JiJ.j', dl in. AlMejiw,n .') £ if"" ;('hS I<httt ?if' net emissions 

increase fir u ""y' r ,HiUEHI". J .WWtlllthat is significant for volatile organic 

compounds shall be considered significant for ozone. 

n.A.23.b. In the Denver Metropolitan PM10 nonattainment area, any net emission 

increase that is significant for sulfur dioxide or nitrogen oxides shall be 

considered significant for PM10• 

lI.A.23.c. A physical change or change in the method ofoperation shall not include 

routine maintenance, repair, and replacement. 

n.A.23.d. A physical change or change in the method ofoperation, unless previously 

limited by any enforceable or federally enforceable pennit condition that was 

established after January 6, 1975 for sources in attainment or unclassifiable 

areas and after December 21, 1976 for sources in nonattainment areas, shall 

not include: 

n.A.23.d.(i)	 Use ofan alternative fuel or raw material by reason of an order in effect 

under sections 2(a) and (b) ofthe Federal Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding legislation), 

a prohibition under the Power Plant and Industrial Fuel Use Act of 1978 

(or any superseding legislation) or by reason of a natural gas curtailment 

plan in effect pursuant to the Federal Power Act; 

n.A.23.d.(ii)	 Use of an alternative fuel by reason ofan order or role under section 125 

ofthe Federal Act; 

U-A. 23.d. (iii) nzt to the extent that the 

om municipal solid waste 

n.A.23.d.(iv)	 Use of an alternative fuel or raw material that: 

n.A.23.d.(iv)(A)	 the stationary source in a nonattainment area was capable of 

accommodating prior to December 21, 1976, unless such change 

would be prohibited under a federally enforceable pennit 

condition. or 

n.A.23.d.(iv)(B)	 the stationary source in an attainment or unclassifiable area was 

capable of accomodating prior to January 6, 1975 unless such 

change would be prohibited under a federally enforceable pennit 

condition, or 

n.A.23.d.(iv)(C)	 the source is approved to use under any permit issued under this 

Regulation No.3. 

n.A.23.d.(v)	 An increase in the production rate, unless such change would be 

prohibited under a federally enforceable pennit condition; 

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ll.A.23.d.(vi)	 An increase in the hours ofoperation. unless such increase would be 

prohibited under a federally enforceable pennit condition; or 

ll.A.23.d.(vii) Any change in ownership ofa stationary source. 

n.A.23.d.(ix)	 The installation, operation, cessation, or removal of a temporary clean coal 

teclmology demonstration project, provided that the project complies with: 

n.A.23.d.(ix)(A)	 The Colorado State Implementation Plan, and 

n.A.23.d.(ix)(B)	 Other requirements necessary to attain and maintain the National 

Ambient Air Quality Standards during the project and after it is 

tenninated. 

n.A.23.d.(xi) 

IIA.23.e. This ltion shall not apply with respect to a p . lar regulated NSR 

utant when the major stationary source is complying . the 

requirements under section XVII ofthis Part D for a PAL for t 

Instead. the definition in section lIA.2. ofthis Part shall apply. 

ll.A.23.f.	 Emissions caused by indirect sources ofpollution, emissions from internal 

combustion engines on any vehicle, and emissions resulting from temporary 

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cOnstructio~ or exploration activities shall be excluded in detennining whether 

a major modification will occur. 

Emissions from on-going construction are not considered to be temporary 

emissions, and are included in detennining whether a major modification 

will occur. 

Fugitive emissions from the listed somces in section ll.A.25.a. and any 

other stationary source category that. as ofAugust 7, 1980 was regulated 

. under sections 111 or 112 ofthe Federal Act (as adopted in Regulations 

Nos. 6, Part A, and 8, Parts A and E) shall, to the extent quantifiable, be 

considered in calculating the potential to emit ofthe modification. 

n.A.24. Major Somce Baseline Date 

n.A.24.a.	 In the case ofparticulate matter and sulfur dioxide, January 6, 1975; and 

n.A.24.b. In the case ofnitrogen dioxide, February 8, 1988. 

n.Al5. Major Stationary Source 

n.A.25.a.	 For the pUJpOse ofdetennining whether a source in an attainment or
 

unclassifiable area is subject to the requirements ofthis Part 0, major
 

stationary source means:
 

II.A.25.a.(i)	 Any ofthe following stationary sources ofair pollutants that emits, or has 

the potential to emit, one hundred tons per year or more ofany pollutant 

subject to regulation under the Federal Act: 

II.A.25.a.(iXA)	 Fossil fuel-fired steam electric plants ofmore than 250 million 

British thermal units per hour heat input 

II.A.25.a.(i)(B) Coal cleaning plants (with tbenna! dryers) 

II.A.25.a.(iXC) Kraft pulp mills 

II.A.25.a.(i)(D)· Portland cement plants 

II.A.25.a.(i)(E) Primary zinc smelters 

II.A.25.a.(i)(F)· Iron and steel mill plants 

n.A.25.a.(i)(G) Primary aluminum ore reduction plants 

II.A.25.a.(i)(H) Primary copper smelters 

II.A.25.a.(i)(I) Municipal incinerators capable ofcharging more than 250 tons of 

refuse per day 

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II.A.25.a.(i)(». Hydrofluoric, sulfuric, and nitric acid plants 

II.A.25.a.(i)(K) Petroleum refineries 

1I.A.25.a.(i)(L) Lime plants 

D.A.2S.a.(i)(M) Phosphate rock processing plants 

D.A.2S.a(i)(N) Coke oven batteries 

II.A.2S.a(i)(O) Sulfur recovery plants 

D.A.25.a.(i)(p) Carbon black plants (furnace process) 

D.A.25.a.(iXQ) Primary lead smelters 

n.A.25.a.(i)(R) Fuel conversion plants
 

II.A.25.a(iXS) Sintering plants
 

n.A.25.a.(i)(T) Secondary metal production plants
 

D.A.25.a.(i)(U) Chemical process plants
 

. II.A.25.a.(i)(V) Fossil fuel boilers (or combinations thereof) totaling more than 250 

million British thennal units per hour heat input 

II.A.25.a.(i)(W) Petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels 

II.A.25.a.(i)(X) Taconite ore processing plants 

II.A.25.a.(i)(Y) Glass fiber processing plants 

II.A.25.a.(i)(Z) Charcoal production plants 

II.A.25.a.(ii)	 Notwithstanding the stationary source size specified in section 

n.A.25.a.(i), any stationary source that emits, or has the potential to emit. 

two hundred and fifty tons per year or more ofany air pollutant subject to 

regulation under the Federal Act. 

or the purpose ofdetermining whether a source in a nonattainm"'~'-'''A

su e requirements ofsection V. ofthis Part, er a source in 

an attainment ar cting a nonattainm IS subject to the 

requiremen~ ofsection art, major stationary source means any 

stationary source 0 utants tha or has the potential to emit 100 

tons or more of any regulated NSR poilu lated under the 

caeml Act for which the area is nonattainrnent. 

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II.A.25.c. Major stationary source includes any physical change that would OCCla' at a 

stationary source not otherwise qualifying as a major 'stationary source under 

sections n.A.25.a and n.A.2S.b. ofthis Part, ifthe change would constitute a 

major stationary source by itself. 

II.A.25.d. A major stationary source that is major for volatile organic compounds shall 

be considered major for ozone, except that emissions ofnegligibly reactive 

volatile organic compounds, as defined in the Common Provisions, shall not 

be included in the determination ofmajor stationary source status for ozone. 

Il.A.25.e. The fugitive emissions ofa stationary source shall not be included in 

determining for any ofthe purposes ofthis sectiOI) whether it is a major 

stationary source, unless the source belongs to one ofthe categories of 

stationary sources listed in section n.A.25.a.(i) or any other stationary source 

category which, as ofAugust 7, 1980, is regulated under section III or 112 of 

the Federal Act. 

Il.A.25.f. Emissions caused by indirect air pollution sources (as defined in section 

I.B.22. ofPart A ofthis regulation), emissions from internal combustion 

engines on any vehicle, and emissions resulting from temporary activities, 

such as construction or exploration, shall be excluded in determining whether 

a source is a major stationary source. Emissions from on-going construction 

are not considered to be temporary emissions and are included in determining 

whether a major modification will occur. 

n.A.26. Minor Source Baseline Date 

II.A.26.a.	 The earliest date after the trigger date that a major stationary source or a major 

modification subject to the requirements ofsection VI. ofthis Part D submits 

a complete application under the relevant regulations. The trigger date is: 

n.A26.a(i)	 In the case ofparticulate matter and sulfur dioxide, August 7, 1977; and 

1I.A.26.a(ii)	 In the case ofnitrogen dioxide. February 8, 1988. 

n.A.26.b.	 The baseline date is established for each pollutant for which increments or 

other equivalent measures have been established if: 

n.A.26.b.(i)	 The area in which the proposed source or modification would construct is 

designated as attainment orunclassifiable under sections 107(d)(1)(D) or 

(E) ofthe Federal Act for the pollutant on the date ofits complete 

application under section VI. ofthis Part; and 

n.A.26.b.(ii)	 In the case ofa major stationary source the pollutant would be emitted in 

significant amounts. or, in the case of a major modification, there would 

be a significant net emissions increase ofthe pollutant. 

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II.A.26.c.	 Any minor source baseline date established originally for the Total Suspended 

Particulates increments shall remain in effect and shall apply for purposes of 

detennining the amoWlt of available PM\o increments, except that the division 

may rescind any such minor source baseline date where it can be shown, to 

the satisfaction ofthe division, that the emissions increase from the major 

stationary source, or the net emissions increase from the major modification, 

responsible for triggering that date did not result in a significant amount of 

PMIO emissions. 

n.A.27. Net Emissions Increase 

!l.A.27.a.	 With respect to any regulated NSR pollutant emitted by a major stationary 

source, the amount by which the sum ofthe following exceeds zero: 

II.A.27.a.(j)	 Any~increasein the actual emissions from a particular physical change 

or change in the method ofoperation at a stationary source ealt:ttltlletJ 

pw:atHI1f1 $9 HS#91t8 1..4,], IItF9flg1f 1..4i~j IiHttiJ.lJ. e/lhis PJJ1i D; and 

II.A.27.a.(ii) Any other increases and decreases in actual emissions at the major 

stationary source that are contemporaneous with the particular change and 

. are otherwise creditable. Bwe1ilte actual emis3io"3jDr Gdk"ltJft.tg 

n.A.27.b.	 Contemporaneous 

=5e~E - an increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only ifit occurs 

(witlti";/WeyefW3pI"i6P' k:J Ute tiaFe IIIsllhe iltel"eQ,Jefr6", lIIeptlFliewlsr ehsltge 

8ea4rs. 

n.A.27.c.	 An increase or decrease in actual emissions is creditable only if: 

n.A.27.c.(i)	 It occurs within five years before the date that the increase or decrease 

occurs; 

n.A.27.c.(ii)	 The division bas not relied on it in issuing a permit for the source under 

Regulation No.3, or the U.S. EPA has not relied on it in issuing a pennit 

under Title I, Part C ofthe Federal Act, which pennit is in effect when the 

increase in actual emissions from the particular change occurs; and 

n.A.27.c.(iii)	 The owner or operator provides credible, demonstrable evidence to the 

division ofwhat actual emissions Were before making the increase or 

decrease and what they were after making the increase or decrease; and 

IIA.27.c.(iv) e decrease did not occur at a Cle 

prOVided in sections 

as 

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I1.A.27.d. In order to establish a baseline emissions rate, the owner or operator must 

submit an Air Pollutant Emission Notice to the division prior to the increase 

or decrease indicating actual emissions (as defined in section II.A.I. ofthis of 

Part) and the owner or operator must submit a revised Air Pollutant Emission 

Notice to the division within one year after the increase or decrease occurs, or 

n.A.27.e. An increase or decrease in actual emissions ofsulfur dioxide, particulate 

matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only ifit is required to be considered in calculating 

the amount ofmaximum allowable increases remaining available. With 

respect to particulate matter, only PMIO emissions can be used to evaluate the 

net emissions increase for PM1o. 

II.A.27.f. An increase in actual emissions is creditable only to the extent that the new 

level ofactual emissions exceeds the old level. 

II.A.27.g. A decrease in actual emissions is creditable only to the extent that: 

II.A.27.g.(i)	 The division has not relied on it in issuing any pennit under this Part 0, or 

has not relied on it in demonstrating attainment or reasonable further 

progress: 

D.A.27.g.(ii)	 The old level of actual emissions or the old level of allowable emissions, 

whichever is lower, exceeds the new level of actual emissions; 

D.A.27.g.(iii) It is federally enforceable:ar "p; adieu.' Matter at and after the time that 

actual construction on the particular change begins; and 

D.A.27.g.(iv)	 It has approximately the same qualitative significance for public health 

and welfare as that attributed to the increase from the particular change; 

and 

The decrease in actual emissions did not resultfrom the install . of 

add-on control technology or application ofpollution ntion practices 

were relied on in designating an emissio as a Clean Unit 

pursua section xv. ofthis Part. , once an emissions unit has 

been designate a Clean Un' e owner or operator cannot later use 

the emissions reductio the air pollution control measures that the 

Clean Unit des' Jon is bas in calculating the net emissions 

increas another emissions unit. ever, any new emissions 

._tions that were not relied upon in a P cludedpursuant to 

section XVI. orfor a Clean Unit designation are c,., . Ie to the extent 

they meet the requirements in section XVI.FA. ofthis Part. the PCP 

and sectionsXV.A.8. andxv'B.l0. ofthis ParI/ora Clean Unit. 

I1.A.27.h.	 An increase that results from a physical change at a source occurs when the 

emissions unit on which construction occurred becomes operational and 

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begins to emit a particular pollutant. Any replacement unit that requires 

shakedown becomes operational only after a reasonable shakedown period, 

not to exceed one hundred and eighty days. 

JIA.27.i. Section r etermining creditable 

TI.A.27.j.	 The organic compounds referenced in the common provisions definition of 

negligibly reactive volatile organic compounds are neither counted as reactive 

volatile organic compounds in determining significant ozone increases nor 

creditable against an increase in emissions of any volatile organic compound. 

1l.A.27.k.	 Creditable Decreases for Fuel Switching. 

Generally, for credit to be given for the emissions reduction in potential to 

emit or actual emissions resulting from a physical change or change in 

method ofoperation ofa major stationary source occurring on or after the 

effective date ofthis role, an Air Pollutant Emission Notice reporting such 

reduction must be filed within one year after the reduction occurs unless 

an extension is requested by the source and approved by the division due 

to uncertainty as to the permanence ofsuch reduction. At the time credit 

for any reduction is requested, such reduction must be enforceable. Such 

reductions must be enforceable through permit conditions or somce . 

specific state implementation plan revisions. 

Nonattainment Major New Source Review (NSR) Program 

A major stationary source preconstruction permit program that has been ap, 

e Administrator and incorporated into this Regulation No.3. Anype 

un the program is a major NSR permit. 

II.A.29. 

ved by 

issued 

Generally means tn te ofissuance ofthe PAL P. it. However, the PAL effective 

date for an increasedP . the date any em' . ns unit that is part ofthe PAL major 

modification becomes opera al and . to emit the PAL pollutant. 

Notwit ,mding sections IIA.23 and ILA.27. ofthi's Part D (the nitionsfor major 

mo . lcation and net emissions increase), any physical change in or nge in the 

II.A.30. PAL Effective Period 

II.A.31. ",,­

"" 

ethod ofoperation ofthe PAL source that causes it to emit the PAL po 

level equal to or greater than the PAL. 

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but not 

recirculation, low-NOz burners or combuS rs, selective nonollutantfor which a PAL is established as a major stationary SOUTi 

PAL Permit 

Any activity, set ofwo 

undertaken at an existing ~~i£..l!Wi~~!Yn~~m[lg

The Operating Permit issued in accordance with this Part D that establishes a P. 

for a major stationary source. 

D.A.35.a. 

An emissio limitation expressed in tons per year, for a polluta at a major 

stationary so ce, that is enforceable as a practical matter a established sourcewide in accord ce with section XVIL ofthis Part D. 

I/.A.35.c. 

1I.A.35.b. 

IIA:33. 

II.A.34. Plantw e Applicability Limitation (pAL) 

n.A.35. 

cat tic reduction, selective catalytic reduction, low ission combustion 

(fj Ie engines), and oxidation/absorption catalystfor c trol ofNOz. 

IJ.A.35.d. Regenerative thermal oxidizers, catalytic oxidizers, condens 'S, thermal 

incinerators. hydrocarbon combustion flares, biojiltration, ab rbers and 

adsorbers, andfloating roofsfor storage vesselsfor control ofv atile 

organic compounds or hazardous air pollutants. 

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5 CCR 1001-5 CODE OF COLORADO REGULATIONS
 
Switchingfrom coal, oil, or any solidfuel to natural gas, pr 'Pane, or 

gasified coal; 

witchingfrom coal to wood, excluding construction r demolition waste, 

emical or pesticide treated wood, and otherfo of "unclean" wood; 

II.A.35.e.(iv) Swit 

aM 

ingfrom coal to #2jUel oil (0.5 percent 

I 

aximum sulfur content): 

lI.A.35.e.(v) Swi/ching m high sulfur coal to low su 

sulfur conten . 

r coal (maximum 1.2percent 

. 

c 

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gas or coal fe-burning, Of the co-firing ofnatural gas and other fuels for the 

purposes of controlling emissions. to be limited to thefollowing jUel switch 

Switchingfrom a heavier grade offuel oil to a lighterfuel oil, or an 

grade ofoil to 0.05 percent sulfur diesel (i.e.• from a higher sulfur. 'Content 

#2jUelorfrom #6jUel, to CA 0.05 percent sulfur #2 diesel); 

II.A.35f.	 Activities orproject ndertaken to ac mmodate switchingfrom the use of 

one ozone depleting stance (ODS to the use ofa substance with a lower or 

zero ozone depletion po tial (0 ~,includingchanges to equipment needed 

II.A.35f(i) 

to accommodate the actiVl or oject, that meets thefollowing requirements: 

D.A.35f(iO	 The projected usa ofthe new stance is lower, on an ODP-weighted 

basis, than the b eline usage oft replaced ODS. To malre this 

determination ollow the procedure sections ll.A.35f(ii)(A) through 

D.A.35f(ii) ~,below.

II.A.35.f.(ii)(A)	 ~rmine the ODP ofthe substan by consulting the Code of 

~ederalRegulations Title 40, Part 8, bpart A, appendices A 

andB. 

Calculate the replaced ODP-weighted amo t by multiplying the
 

baseline actual usage (using the annualized rage ofany twenty­

four consecutive months ofusage within the ten years) by the
 

ODP ofthe replaced ODS.
 

Calculate the projected ODP-weighted amount by m iplying the
 

projectedfuture annual usage ofthe new substance by 

an

ODP.
 

II.A.35.f.(ii)(D)	 Ifthe value calculated in section II.A.35j(ii)(B)(2) is more 

the value calculated in section Il.A.35j.(ii)(B)(3), then the 

projected use ofthe new substance is lower, on an ODP-weigh 

basis, than the baseline usage ofthe replaced ODS 

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n.A.3S.f.(ii)(E) 

n.A.36. 

. issued in accordance with section VI. at 

n.A.37. Project 

A physical change in, 0 change in the method ofa eration of. an existing major 

ll.A.38. 

II.A.38.a.	 per year, at which an existing emissions 

is projected to emit a regulatedNSR 

Projected Actual Emissions 

stationary source. 

pollutant in anyone oftheji ears (twelve-month period)following the date 

the unit resumes regular 0 ran n after the project, or in anyone ofthe ten 

yearsfollowing that date ifthepr "ect involves increasing the emissions 

unit's design capacity its patenti to emit ofthat regulated NSR pollutant 

andfull utilization 0 rhe unit would" t in a significant emissions increase 

or a significant ne emissions increase a he major stationary source. 

ILA.38.b.	 In determinin .he projected actual emissio. under section D.A.38.a., above, 

before beg; ing actual construction, the own or operator ofthe major 

stationa~ aurce: 

D.A.38.b.(i) S I consider all relevant information, includin but not limited to, 

lstorical operational data, the company's own r esentations, the 

company's expected business activity and the compa 's highest 

projections o/business activity, the company'sjilings "th the State or 

Federal regulatory authorities. and compliance plans; a 

Shall includefugitive emissions to the extent quantifiable, an 

associated with startups. shutdowns, and malfunctiOns; and 

Shall exclude, in calculating any increase in emissions that results om 

the particular project, that ponion ofthe unit's emissionsfollowing t 

. project that an existing unit could have accommodated during the 

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consecutive twenty-four month period used to establish the baseline a lUll 

emissions under section IJ.AA. ofthis Part D and that are also un ated 

to the particularproject, including any increased utilization d to 

product demand growth; or, 

lieu ofusing the method set out in sections 11...1.38..ri) through 

II. . 8.b.(iU). may elect to use the emissions unit' otential to emit, in 

tons p ear, as defined in section IB.35. ofP. rt A ofthis regulation. 

Clean Air Act Amen 

continue to be ......)"'..... 

time of the en 

Was eq . ped prior to shut-down with a continuous s tern. of emissions 

con that achieves a removal efficiency for sulfur dio ofno less than 

e' ty-five percent and a removal efficiency for particulates 

. ety-eight percent; 

Is equipped with low-nitrogen oxide burners prior to the time of 

commencement of operations following reactivation; and 

Is otherwise in compliance with the requirements ofthe Federal Act. 

n.A.39.b. 

n.A.39.a. 

I1A.39. 

n.A.40. Regulated NSR Pollutant 

O.A.o4O.a. Nitrogen oxides or any volatile organic compound; 

I/.Ao4O.b. Anypollutantfor which a national ambient air quality standard has been 

promulgated,' 

O.A.o4O.c. Anypollutant that is a constituent or precursor ofa general pollutant listed 

under sections IIAo4O.a. or /IA.40.b., above, provided that a constituent or 

precursorpollutant may only be regulated under NSR as part ofregulation of 

the general pollutant; 

/I.Ao4O.d. Any pollutant that is subject to any standardpromulgated under section J1 J 

ofthe Federal Act; 

11.Ao40.e. Any pollutant that otherwise is subject to regulation under the Federal Act, 

except that any or all hazardous air pollutants either listed in section 1J2 of 

the Federal Act (that have not been delisted pursuant to sectiqn J12(b)(3) of 

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the Federal Act) or Appendix B ofthis regulation are not regulated NSR 

polluants unless the listed hazardous air pollutant is also regulated as a 

constituent or precursor ofa general pollutant listed under section 108 ofthe 

Federal Act. 

An emissions unitfor which all the criteria listed in sections D.A.41.a. through 

IIA.41.d. are met. No creditable emission reductions shall be generatedfrom 

shutting down the existing emissions unit that is replaced. 

The emissions unit is a reconstructed unit within the meaning of. ode of 

Federal Regulations Title 40, section 60.15(b)(l), or the emis . ns unit 

completely taJces the place ofan existing emissions unit. 

e emissions unit is identical to orfUnctionally equiva 

em ions unit. 

H.A.41.c.	 The rep cement does not alter the basic design 

unit. 

D.A,41.d. The replaced issions unit is permanent removedfrom the major 

stationary source, therwise permanen disabled, or permanently barred 

. from operation by a ermit that is en rceable as a practical matter. Ifthe 

replaced emissions un ack into operation, it shall constitute a 

new emissions unit. 

n.A.42. Repowering 

n.A.42.a.	 Replacement of an exis g coal- cd boiler with one ofthe following clean 

coal technologies: ospheric or p smized fluidized bed combustion, 

integrated gasific . n combined cycle, agnetohydrodynamics, direct and 

indirect coal- turbines, integrated .fication fuel cells, or as. determined 

by the A tor, in consultation with Secretary ofEnergy, a 

derivative one or more oftbese technologi and any other technology 

capable controlling multiple combustion emi 'ons simuJtaneouslywith 

impro boiler or generation efficiency and with' .ficantly greater waste 

red on relative to the perfonnance oftechnology .. widespread commercial 

as ofNovember 1S, 1990. 

n.A.42.b.	 Repowering shall also include any oil andlor gas-fired unit
 

awarded clean coal technology demonstration funding as ofJ
 

by the Department ofEnergy.
 

Part 0, Page 165 

is brought 

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D.A.43. Secondary Emissions 

Emissions that occur as a result ofthe construction or operation of a major stationary 

source or major modification, but do not come from the major stationary source or 

major modification itself. Po, tJ.ll'a"I'Ml ()jfJl~ Pd,'», "et!lJnal' elilrs:li"":J "Itt:f' 

ee ~etjie, r••ell thjiftttl, 9tJ1tfltt~able, aM i"rpaet the iJtJmtJ gtYlt!f'fJl area 4! ihe 

:stttliemu, "Old er: m ",otJijicati"" tJttlt «ItI8af Me 6et!6,.tItJ".~iui8"'. Secondary 

emissions include emissions from any offsite support facility that would not 

otherwise be constructed or increase its emissions except as a result ofthe 

construction or operation ofthe major stationary source or major mOdification. 

Secondary emissions do not include any emissions that come directly from a mobile 

source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a 

vessel. 

II.A.44. Significant 

D.A.44.a.	 Unless the context otherwise requires, • a significant rate ofemissions in tons 

per year is defined as a value that w.ould equal or exceed any of the following: 

Carbon monoxide: 100 tons per year 

Nitrogen Oxides: 40 (nitric oxide + nitrogen dioxide) tons per year 

Sulfur dioxide: 40 tons per year 

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ll.A.44.b. 

TI.A.44.c. 

Particulate matter: 25 tons per year particulate matter emissions or, 15 tons 

per year ofPMlo emissions 

PMIO - Precursors in the Denver Metropolitan PMlo nonattainment area: 40 

tons per year for each individual precursor (nitrogen OJ oies or sulfur oxides) 

Ozone: 40 tons per year ofvolatile organic compounds 

Lead: 0.6 tons per year 

Fluorides: 3 tons per year 

Sulfmic acid mist: 7 tons per year 

Hydrogen sulfide: 10 tons per year 

Total reduced sulfur (including hydrogen sulfide): 10 tons per year 

Reduced sulfur compoWlds (including hydrogen sulfide): 10 tons per year 

Municipal Waste Combustor Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams per 

year (3.5 x 10-6 tons per year) 

Municipal Waste Combustor Metals (measured as particulate matter): 14 

megagrams per year (15 tons per year) 

Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and 

hydrogen chloride): 36 megagrams per year (40 tons per year) 

Municipal Solid Waste Landfill Gases (measured as nonmethane organic 

compounds): 45 megagrams per year (SO tons per year) 

Significant means, in reference to a net emissions increase or the potential ofa 

source to emit a pollutant subject to regulation under the state Act or the 

Federal Act that this definition does not list, any emissions rate, except that 

this definition shall not apply to hazardous air pollutants listed in or pursuant 

to section 112 ofthe Federal Act. 

Notwithstanding the significant emission rates above, significant means any 

emissions rate or any net emissions increase associated with a major 

stationary source or major modification, that would construct within ten 

kilometers ofa Class I area, and have an impact on such area equal to or 

greater than one microgram/cubic meter (Jlg/mJ ) (twenty-four hour average). 

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II.A.45.	 Significant Emissions Increase 

For a regulated NSR pollutant, an increlLSe in emissions that is significant (as defined 

in section II.A.44. ofthis Part D) for that pollutant. 

Significant Emissions Unit 

n emissions unit that emits or has the potential to emit a PAL pollutant in amount 

tlW . f!Iluol to or greater than the Significant level (as defined in sect' Il.A.44. of 

this Po or in thePederal Act. whichever is lower) for that P pollutant, but less 

than the amou hat would qualify the unit as a major em' . ns unit (as defined in 

n.A47. Small Emissions Unit 

A c coal technology demonstration project that is operated for a 'od offive 

ars or less, and that complies with the state implementation plan and 0 

requirements necessary to attain and maintain the National Ambient Air Quali 

Standards during the project and after it is terminated. 

n.A48. 

section 1I.A.22. of . Part). 

m. 

ID.A. 

m.B.	 The division shall complete the processing of applications (including any requested 

public hearing) for sources subject section VI. ofthis Part D within twelve months of 

receipt of a complete application. 

IV.	 Public Comment Requirements 

IV.A. When public comment is required., or when the division detennines that an 

application warrants public comment in accordance with section m.C.3. ofPart B of 

this regulation, the Divi!iion shall, within fifteen calendar days after the preparation of 

the preliminary analysis, cause public notice ofthe application to be published in a 

newspaper ofgeneral distribution in the area in which the proposed project or activity 

is or will be located, and by such other means as necessary to assure notice to the . 

affected public, which may include posting of such notice on the publicly accessible 

portion of the division's web site, and cause a copy ofthe application, the preliminary 

analysis and the draft permit to be filed with the county clerk for each county in 

Permit Review Procedures 

Major stationary somccs subject to the requirements ofthis Part D must apply for and 

obtain a Construction Pennit in accordance with the procedures and requirements in 

Part B or an Operating permit in accordance with the procedures and requirements in 

parte. 

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which the source is, or will be, located. The division shall send written or electronic 

notice to persons requesting a notice ofpermit applications for the type ofsource or 

geographic area. 

IV.A.I. For sources subject to the provisions ofsections V. and VI. ofthis Part, a copy of all 

the materials the applicant submitted, and a copy or summary ofother materials, if 

any, considered in making the preliminary analysis shall be filed with the county 

clerk for each county in which the source is or will be located. In addition, for 

sources subject to the provisions ofsections V. and VI., a copy oftile written or . 

electronic notice ofpublic comment shall be sent to the applicant, the U.S. EPA 

.Administrator, and to officials and agencies having cognizance over the location 

where the proposed construction would occur, including any other state or local air 

pollution control agencies and any state, Indian governing body or Federal Land 

Manager whose lands may be affected by emissions from the source or modification. 

IV.A.2.	 Additionally, for permit applications subject to the requirements ofthis Part D, the 

notice shall contain the following information: 

IV.A.2.a.	 That comments are solicited on an innovative technological system for 

pollution control ifproposed by the applicant and that a hearing by the 

commission will be held on sucb·system ifrequested by any interested person; 

IV.A.2.b.	 That comments are solicited on the air quality impacts ofthe source or
 

modification;
 

IV.A.2.c.	 That comments are solicited on alternatives to the source or modification; 

IV.A.2.d.	 That any interested person may submit a written request for a public comment 

bearing to be held pursuant to section 1.7.0. ofthe commission's procedural 

rules to receive comments regarding the foregoing concerns, the sufficiency of 

the preliminary analysis, and whether the division should approve or deny the 

permit application; and 

IV.A.2.e.	 The degree ofincrement consumption that is expected from the source or 

modification. 

IV.A.3.	 Within fifteen calendar days after the preparation ofthe preliminary analysis for those 

applications subject to the requirements ofthis Part D, the division shall forward to 

the applicant written notice ofthe applicant's right to a public comment bearing with 

respect to the application pursuant to section 1.7.0. ofthe commission's procedural 

rules. 

IV.A.4. A hearing request pursuant to section IV.A.2.a. ofthis Part D, regarding innovative 

control, must be transmitted by the division to the commission within twenty days 

after its receipt. 

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IV.A.S.	 A hearing request pursuant to section IV.A.2.d. ofthis Part D must be transmitted by 

the division to the commission, along with the complete pennit application, the 

preliminary analysis, the draft permit, and any written comments received by the 

division within five days after the end ofthe thirty day comment period. At least 

thirty days prior to the date set for the public comment hearing, the notice ofpublic 

comment hearing, the preliminary analysis and the draft pennit shall be posted on the 

division's web site. No substantive revisions shall be made to the draft permit during 

the thirty days prior to the public comment hearing. 

IV.A.6.	 The commission shall hold a public comment hearing within sixty days of its receipt 

ofthe request for such hearing pursuant to section IV.A.2. ofthis Part D (unless such 

greater time is agreed to by the applicant and the division), but at least sixty days after 

receipt by any Federal Land Manager ofnotice and the pennit application required 

pursuant to section xm.A. ofthis Part D. The division shall appear at the public 

comment hearing in order to present the permit application. At least thirty days prior 

to such hearing. notice thereofshall be mailed by the commission to the applicant. to 

any interested person who submitted a request for a public hearing and to any Federal 

Land Manager given notice pursuant to section xm.A., printed in a newspaper of 

general distribution in the area of the proposed source or modification, and submitted 

for public review with the county clerk for each COUDty in which the source or 

modification is or will be located. Except as provided herein and in the notice, su~h

hearings will be conducted pursuant to the Act, the Procedural Rules of the Air 

Quality Control Commission and the State Administrative Procedure Act. Colorado 

Revised Statutes, section 24-4-1 0I et seq. 

IV.A.7. Within fifteen days after the division makes a final decision on an application subject 

to the requirements ofthis Part D. the division shall make available for public 

inspection the decision and all public comments with the county clerk for each county 

where the pre-construction infoxmation was made available. 

V.	 Requirements Applicable to Nonattainment Areas 

V.A.	 Major Stationary Sources. 

For any new major stationary source or major modification, the division shall grant a 

pennit ifit determines that the following conditions in sections V.A.I. through 

V.A.6.• as well as those in section m.D.1. ofPart B ofthis regulation, will be met: 

V.A.I.	 The proposed source will achieve the lowest achievable emission rate for the specific
 

source category.
 

V.A.2.	 The applicant has certified that all other existing major stationary sources owned,
 

operated, or controlled by the applicant (or any entity controlling, controlled by, or
 

under the common control with the applicant) in Colorado are in compliance with the
 

requirements ofthe State implementation plan and the federally approved state
 

implementation plan, or are subject to and in compliance with an enforceable
 

compliance schedule, or a federally enforceable compliance schedule.
 

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VA.3.	 Prior to the date of commencement ofoperations, emission reductions (offsets)
 

greater than one for one must be obtained from existing sources within the
 

nonattainment area for each pollutant, or its precursors, for which the area is
 

nonattainment.
 

Offsets must represent reasonable further progress towards attainment of the National 

Ambient Air Quality Standards when considered in connection with other new and 

existing sources ofemissions. In addition, offsets for PM10 , sulfur oxides, and 

carbon monoxide must show, through atmospheric modeling, a positive net air quality 

benefit in the area affected by the emissions. Provided, however, that offsets meeting 

the requirements of this section V.A.3. may also be obtained from existing sources 

outside the nonattainment area ifthe applicant demonstrates: 

VA.3.a.	 A greater air quality benefit may thus be achieved, or sufficient offsets are not 

available from sources within the nonattainment area; and 

V.A.3.b.	 The other area has an equal or higher nonattainm~tclassification than the 

area in which the source is located; and 

V.A.3.e.	 Emissions from such other area contribute to a violation ofthe National 

Ambient Air Quality Standard in the nonattainment area in which the source is 

located. 

V.A.3.d.	 With respect to offsets obtained from outside the nonattaimnent area, the 

division may increase the ratio ofthe required offsets to new emissions the 

greater the distance such offsets are from the new or modified source. 

V.A.4.	 The permit application shall include an analysis of alternative sites, sizes, production 

processes and environmental control techniques for such proposed source that 

demonstrates that benefits ofthe proposed source significantly outweigh the 

environmental and social costs imposed as a result ofits location, constIUction, or 

modification. 

V.A.S.	 Offsets for which emission reduction credit is taken must be enforceable through 

permit conditions or source specific state implementation plan revisions. 

V.A.6.	 The applicant will demonstrate that emissions from the proposed source will not 

adversely impact visibility in a Class I area. This demonstration shall be reviewed by 

the Federal Land Manager and any determination made by the Federal Land Manager 

shall be considered in the division's decision to grant the permit. Ifan adverse 

impact, as described in section XIV.E., is predicted by the division, the permit 

application will be denied. Federal Land Manager involvement shall follow the same 

procedures as stated in section Xn.A. oftbis Part D. The demonstration will be 

performed using either techniques described in the latest version ofthe U.S. EPA 

document entitled "Workbook for Estimating Visibility Impairment" or other 

techniques approved by the division. 

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V.A.7. Applicability ofCertain Nonattainment Area Requirements 

V.A.7.a.	 Any major stationary source in a nonattainment area is subject to the 

requirements of section V.A. ofthis Part D. 

V.A.7.b.	 The requirements of section V.A. shall apply at such time that any stationary 

source or modification becomes a major stationary source or major 

modiiication solely by virtue ofa relaxation in any enforceable limitation that 

was established after August 7. 1980 on the capacity ofthe source or 

modification to otherwise emit a pollutant. such as a restriction on hours of 

operation. 

The following provisions apply to projects at existing emissions units at a 

17IQjor stQtionary source (other than projects at a Clean Unit or at a soure 

with a PAL) in circumstances where there is a reasonable possibility th a 

project that is not a part ofa major modification may result in a si . cant 

emissions increase and the owner or operator elects to use the me od 

specified in sections ll.A.38.b.(i) through 1I.A.38.b.(iii) ofthis rt D for 

leulatingprojected actual emissions. 

V.A.7.c.(i) ore beginning actual construction ofthe project e owner or operator 

sha document and maintain a record ofthe/oil ing information: 

/

Y.A.7.c.(i}{A) escription ofthe project: ,/ 

V.A.7.c.(i)(B)	 Idendncation ofthe emissions it(s) whose emissions ofa 

regul~te?J..i{.SR pollutant co (f be affected by the project; and 

V.A. 7.c.(i)(C)· A description the aB icability test used to determine that the 

project is not a . modificationforany regulated NSR 

pollutant, includ":g e baseline actual emissions, the projected 

actual emissi" ,the a oWltofemissions excluded under section 

ll.A.38.~,(ijifofthis Part nd an explanation for why such amount 

was exc:jlded. and any netti calculations. ifapplicable. ? 

V.A.7.c.(ii)	 Ifthe emis ons unit is an existing elecm utility steam generating unit. 

before 'ginning actual construction. the 0 er or operator shallprovide 

a co ofthe information set out in section Y.A.7c.(i) to the division. 

Nt ing in this section V.A. 7.c.(ii) shall he cons' d to require the owner 

r operator ofsuch a unit to obtain any determinati om the division 

before beginning actual construction. 

The owner or operator shall monitor the emissions ofany re lated NSR 

pollutant that could increase as a result ofthe project and that' emitted 

by any emissions units identified in section V.A. 7.c.(i)(B); and ca late 

and mai1J.uiin a record ofthe annual emissions, in tons per year on a 

calendar year basis. for a period offive years follOWing resumption 0 

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e name, address and telephone nu 

the major stationary source; 

17re annual emissions as calculatedpursuant 

J1.A. 7.c.(iii),· and 

Ifthe unit is an existing electric utility steam generating 

operator shall submit a report to the division within s' days after the 

ofeach year during which records must be gen 'Dted under section 

V A. c. (iii) settillg out the unit's annual emissio during the calendar 

)I..::Jr t receded submission ofthe report. 

Any other information that the owner or operator wis 

in the report (e.g., an explanatiem as to why the emissio 

from the preconstruction projection). 

The owner or operator ofthe source shall make the information required t~ documented and maintainedpursuant to section J1.A. 7. c. available for review. 

upon requestfor inspection by the division or the general public. _ 

regular operations after the change, orfor a period often yearsfollowi 

resumption ofregular operations after the change ifthe project iner . es 

the design capacity or potential to emit ofthat regulated NSR pol tant at 

such emissions unit. 

V.A. 7.c. (v)(A) 

V.A.7.c.(v) 

V.A.B. Exemptions from certain nonattainment area requirements: 

V.A.8.a. The folJowing are exempt from the major stationary SOUTce criteria ofsection 

V.A.3. ofthis Part. 

V.A.8.a.(i)(A) Portable sources that will relocate outside a nonattainment area in 

less than one year. 

V.A.8.a.(i)(B) Each pilot plant that operates an aggregate ofless than six months. 

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V.A.8.a.(i)(C)	 Construction phases of a new or modified building, facility, 

structure, or installation. These may, at the discretion ofthe 

division, exceed a period ofone year. 

V.A.8.a.(i)(D)	 Other temporary processes or activities ofless than one year in 

duration. 

V.A.8.a.(i)(E)	 Sources undergoing fuel switches as required by federal order if 

the division determines that: 

V.A.8.a.i(E)(I)	 The applicant has used best efforts in seeking the required 

emission offsets but was WlSUccessful; 

VA8.a.i(E){2)	 All available emission offsets were obtained; and, 

V.A.8.a.i(E)(3)	 The applicant will continue to seek emission offsets as they 

become available. 

VI.	 Requirements applicable to attainment and unclassifiable areas and pollutants
 

implemented under section 110 ofthe Federal Act (Prevention of Significant
 

Deterioration Program).
 

VI.A.	 Major Stationary Sources and Major Modifications. 

The requirements oftbis section VI. shall apply to any major stationary source 

and any major modification with respect to each pollutant regulated under the 

Act and the Federal Act that it would emit. except as this Regulation No.3 

would otherwise allow. 

For any new major stationary source or major modification proposing to 

construct in any irea in Colorado designated under section 107 (d) ofthe 

Federal Act as attainment or unclassifiable for any criteria pollutant as ofthe 

date ofsubmittal ofa complete application under this Regulation No.3, or for 

pollutants implemented under section 110 ofthe Federal Act, the division 

shall grant a permit ifit determines that the following requirements, in . 

addition to those in section m.D.I. of Part B ofthis regulation, have been or 

will bernet: 

VI.A.l.	 Control Technology Review. 

VI.A.l.a.	 A new major stationary source shall apply Best Available Control Technology 

for each pollutant regulated under the Act or Federal Act that it would have 

the potential to emit in significant amounts. 

VI.A.I.b.	 A major modification shall apply best available control teclmology for each 

pollutant regulated under the Act or Federal Act for which there would be a 

significant net emissions increase at the source. This requirement applies to 

each proposed emissions unit at which a net emissions increase in the 

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pollutant would occW' as a result of a physical change or change in the method 

ofoperation ofthe unit ' 

VI.A.J.c.	 For phased construction projects, the determination ofbest available control 

technology shall be reviewed and modified as appropriate for phases that 

commence constmction more than 18 months after the initial granting ofthe 

Rami! at f/ie lat~t ,ed'3",rttble tittle ..hiM .,eeM S' , •., Itlief' flttlll ei~&fe611

",,,,.,11'3 p' i'" '" e""mler,ee"'t"' C!~,.ce.,..~'t'I am.,11 tJ/wc1l inftpe;"Jwtpv.we of 

HteJW9j66l, The review will be conducted in a timely manner that will allow 

the owner or operator to Proceed with scheduled construction ofthe source. 

During the review, the owner or operator ofthe applicable stationary source 

may be required to demonstrate the adequacy of any previous determination 

ofbest available control tcchnology for the source. 

'VI.A.2.	 Source Impact Analysis. The owner or operator ofthe proposed source or 

modification shall demonstrate to the division that allowable emission incre8ses from 

the proposed source or modification in conjunction with all other applicable 

emissions increases or reductions (including secondary emissions) will not cause or 

contribute to concentrations ofair pol~utants in the ambient air in violation of: 

VI.A.2.a.	 Any state or national ambient air quality standard in any baseline area or air 

quality control region; or 

VI.A.2.b.	 Any applicable maximum allowable increase over the baseline concentration 

in any area. 

VI.A3.	 Pre-eonstruction Monitoring and Analysis 

VI.A.3.a.	 An analysis of ambient air quality in any area that would be affected by the 

proposed major stationary source or major modification shall be performed for 

each pollutant regulated under the Act or Federal Act that the source or 

modification would emit or have the potential to emit in a significant amount, 

or for which there would be a significant net emissions increase. 

VI.A.3.b.	 With respect to any such regulated pollutant for which no national ambient air 

quality standard exists and for which there is an acceptable method for the 

monitoring ofthat pollutant, the analysis shall contain such air quality 

monitoring data as the division determines are necessary to assess ambient air 

quality for that pollutant in any area that emissions ofthat pollutant would 

affect. 

VI.A.3.c.	 With respect to any such pollutant for which a national ambient air quality 

standard does exist, the an3.lysis shall contain continuous air quality 

monitoring data gathered for purposes of detennining whether emissions of 

that pollutant would cause or contrIbute to a violation ofthe applicable 

standard or any maximum allowable increase. 

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VI.A.3.d.	 In general, the continuous air quality monitoring data that are required under 

section VI.A.3.c., or the pre-application monitoring of air quality related 

values required by section XIII.B. ofthis Part, shall have been gathered over a 

period ofone year and shall represent the year preceding receipt ofthe 

application, except that, ifthe division detennines that a complete and 

adequate analysis can be accomplished with monitoring data gathered over a 

period shorter than one year (but not to be less than four months), the data that 

are required shall have been gathered over at least that shorter period. 

VIA.3.e.	 The owner or operator of a proposed major stationary source or major 

modification of volatile organic compounds who satisfies aU conditions of the 

Code ofFederal Regulations Title 40, Part 51, Appendix S, section IV. (but 

not including conditions resulting from amendments after July 1, 1991 and not 

including section IV. B. ofAppendix S) may provide post-approval 

monitoring data for ozone in lieu ofproviding pre-construction data as 

required under section VI.A3.a. (Information on obtaining the Code of 

Federal Regulations Title 40, Part 51, Appendix S, section N. is available 

from the Director, Air Pollution Control Division, 4300 Cherry Creek Drive 

South, Denver, Colorado, 80246-1530.) 

VI.A.4.	 Post-Construction Monitoring. At its discretion, the division may require that the 

owner or operator of a major stationary source or major modification conduct postconstruction ambient monitoring for a period up to one year. The division may also 

require additional monitoring beyond the one year period ifsuch monitoring is 

necessary to detennine the effect emissions from the stationary source or 

modification have, or may have, on air quality in any area The monitoring ofair 

quality related values or sensitive receptors required by section xm.B. ofthis Part, 

shall be for such time as is necessary to determine the effect emissions from the 

source or modification will have on the air quality related values or sensitive 

receptors. 

Post-construction monitoring requirements will be permit conditions. 

VI.A.s.	 Operation ofMonitoring Stations. The owner or operator ofa major stati~narysource 

or major modification shall use the U.S. EPA accepted procedures for ambient 

monitoring as approved by the division during the operation ofmonitoring stations 

for purposes ofsatisfying the requirements ofsections VI.A.3. and VI.A.4., above. 

VI.A.6.	 . Additional Impact Analysis. For each pollutant that is regulated under the Act or the 

Federal Act, and for which the source or modification would emit in sipifietlltt-­

tl'JI~rmf3 (M tiqirretl i1l aeeH611 /lA. 41·. 91th;., J2SR) or for which there would be a 

significant net emissions increase, the owner or operator shall provide an analysis of 

the impairment to visibility, water, soils, and vegetation that would occur as a result 

of the emissions ofsuch pollutant from the source or modification and general 

commercial, residential, industrial, and other growth associated with the source or 

modification. The analysis ofimpairment to water will not be used in the 

determination ofbest available control technology. The owner or operator need not 

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provide an analysis ofthe impact on vegetation having no significant commercial or 

recreational value. The additional impact analysis will include the effects on air 

quality related values as stated in section xm.B. ofthis Part, ifapplicable. 

The owner or operator shall provide an analysis ofthe air quality impact projected for 

the area as a result ofgeneral commercial, residential, industrial and other growth 

associated with the source or modification. 

VI.B. Applicability ofCertain PSD Requirements. 

VI.B.1. The requirements ofsection VI.A. do not apply to a major stationary source or major 

modification with respect to a particular pollutant ifthe owner or operator 

demonstrates that, as to that pollutant: 

V1B.l.a.	 The somce or modification is subject to Part 3 ofthe Act and section V. of 

this Part, and the source or modification would not impact any area designated 

as attainment or Wlclassifiable for that pollutant; or 

VI.B.l.b.	 The emissions from the source or modification would not be significant; or 

V1B.l.c.	 The source or modification is a portable stationary source that has previously 

received a permit \Ulder requirements equivalent to those contained in section 

VI.A. ofthis Part if: 

VI.B.l.c.(i)	 The source proposes to relocate and emissions ofthe source at the new 

location would be tempo~

VI.B.l.c.(ii)	 The emissions from the source would not exceed its allowable emissions; 

VI.B.l.c.(iii).	 The emissions from the source would impact no Class I area and no area 

where an applicable increment is known to be violated; and 

VI.B.l.c.(iv)	 Reasonable notice identifying the proposed new 10catioD.and the probable 

duration of operation at the new location and a revised Air PoJJutant 

Emission Notice is given to the division prior to the relocation. Such 

notice and revised Air Pollutant Emission Notice shall be given to the 

division not less than ten days in advance ofthe proposed relocation 

unless a different time duration is previously approved by the division, 

VI.B.2.	 The requirements contained in sections VI.A.2. through VI.A.4. ofthis Part do not 

apply: 

V1B.2.a. To a proposed major stationary source or major modification with respect to a 

. particular pollutant, ifthe emissions would be from a temporary source, 

modification or activity, such as construction or exploration, and would not 

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have an impact on air quality in any Class I area or an area where an 

applicable increment is known to be violated; or 

Vl.B.2.b.	 As they relate to any maximwn allowable increase for a Class IT area, to a 

modification ofa majorstationary source that was in existence on March 1, 

1978, ifthe net increase in allowable emissions ofeach pollutant subject to 

regulation under the Act from the modification after the application ofbest 

available control technology would be less than fifty tons per year. 

VI.B.3.	 The division may exempt a proposed major stationary source or major modification 

from the requirements ofsections VI.A.3. through VI.A.S. ofthis part, with respect to 

monitoring for a p8;rticular pollutant if: 

VI.B.3.a	 The emissions ofthe pollutant from the new stationary source or the net 

emissions increase oftbe pollutant from the modification would cause ail 

quality impacts, in any area, less than the following:. . 

VI.B.3.a.(i) Carbon monoxide - 575 J..I.glm3

, 8-bour average;
 

VI.B.3.a.(ii) Nitrogen dioxide -14 J1g1m3

, annual average;
 

VI.B.3.a.(iii) Particulate Matter - 10 J..I.If'm3 total suspended particulate matter, 24-hour
 

average; PM1o - 10 J.lg/m ,24-hour average;
 

VI.B.3.a.(iv) Sulfur dioxide -13 J1g/m3

, 24-hour average;
 

VI.B.3.a(v) Lead - 0.1 J1g1m3

, 3-month average;
 

VI.B.3.a(vi) Fluorides - 0.25 J..I.g1m3

, 24-hour average;
 

VI.B.3.a.(vii) Total reduced sulfur -10 J1g1m3

.I-hour average;
 

VI.B.3.a(viii) Hydrogen sulfide - 0.2 J..I.g/m3

, I-hour average;
 

VI.B.3.a.(ix) Reduced sulfur compoWlds -10 J,lglm3

, I-hour average; or
 

VI.B.3.b.	 The existing concentrations ofthe pollutant in the area that the souree or 

modification would affect are less than the concentrations listed in this 

section; or 

VI.B.3.e.	 For ozone, the emissions increase or net emissions increase ofvolatile organic 

compounds from the source or modification would be less than 100 tons per 

year; or 

VI.B.3.d.	 The pollutant is not referred to in this section. 

VI.B.4.	 The requirements of this Part D shall apply at such time that any stationary source or
 

modification becomes a major stationary source or major modification solely by
 

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circumstances where there is Q 

VI.B. 5.a. 

ye 

Page 176 

virtue ofa relaxation in any enforceable limitation that was established after August 

7, 1980, on the capacity ofthe source or modification to otherwise emit a pollutant 

such as a restriction on hours ofoperation. 

The following provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a Cleon Unit or at a source with a PAL) in 

reasonable possibility that a project that is not a

ofa major modification may result in a significant emissions increase and the 0 er 

or operator elects to use the method specified in sections II.A.38.b.(i) through 

.38.b.(iii) ofthis Part Dfor calculating projected actual emissions. 

Before beginning actual construction ofthe project, the owner operator 

II document and maintain a record ofthefollowing info tion: 

VI.B.5.a.(i) description ofthe project; 

VI.B.5.a.(ii)	 Iden' cation ofthe emissions unit(s) whose em~ons ofa regulated NSR 

po//ut t could be affected by the project; and . 

VI.B.5.a.(iii) ofthe applicability test used 0 determine that the project is 

not a major diftcation for any regula d NSR pollutant, including the 

baseline actual issions, the proje actual emissions, the amount of 

emissions exclude under section L.'A.38.b.(iii) ofthis Part, and an 

explanation for why ch amoum<.,as excluded, and any netting 

calculations, ifapp/ic Ie. // 

/

VI.B.5.b.	 Ifthe emissions unit is an ex' . g electric utility steam generating unit, before 

beginning actual construc ..n, t owner or operatorshallprovide Q copy of 

the information set out i 'Section .5.a. to the division. Nothing in this 

section VI.B.5. b. shall e construed t require the owner or operator ofsuch a 

unit to obtain any d ermination from t division before beginning actual 

construction. 

VI.B.5.c.	 The owner 0 operator shall monitor the emis . ns ofany regulatedNSR 

pollutant t t could increase as a result ofthe p 'ect and that is emitted by 

any em' ions unit identified in section VI.B. 5.a. (il . and calculate and 

maint In a record ofthe annual emissions, in tons p ear on a calendar 

basis, for a period offive years following resump n ofregular 

erations after the change. orfor a period often years lOWing resumption 

ofregular operations after the change ifthe project increas the design 

capacity orpotential to emit ofthat regulated NSR pollutant uch emissions 

unit. 

Ifthe unit is an existing electric utility steam generating unit. the 0 r or 

operator shall submit a report to the division within sixty days after th nd of 

each year during which records must be generated under section VI.B.S.. 

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The owner or operator ofthe source shall make the information required to be 

documented and maintainedpursuant to section VI.B.5. availablefor review upon 

request for inspection by the division or the general public. 

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setting out the unit's annual emission.s during the calendar year that pr 

submission ofthe report. 

VI.B.5.e.	 the unit is an existing unit other than an electric utility sl generating 

un I he owner or operator shall submit a report to the 'sion ifthe annual 

emissi in tons peryear. from the project identi in section ·VI.B.5.a. 

exceed the eline actual emissions (as docum led and maintained 

pursuant to se . n VlB.5.a.(iii)) bya signi ant amount (as defined in 

section O.A.44. 0 . Part) for thal re ated NSR pollutant. and ifsuch 

emission.s dijjerfrom recons Ion projection as documented and 

maintainedpursuant to se n .B.5.a.(iii). Such report shall be submitted to 

the division within sixty r the end ofsuch year. The report shall 

contain thefollowing.' 

VI.B.5.e. (i)	 ofthe major stat!onary source; 

VlB.5.e.(ii)	 The a ual emissions as calculatedpursuan 

ny other information that the owner or operator w 

report (e.g.• an explanation as to why the emissions di 

preconst1'UCtion projection). 

VIB.7.	 A stationary source or modification may 'apply the applicable maxirnwn allowable 

increases for total suspended particulate matter as in effect on the date ofthe permit 

application. in meeting the requirements ofsection VIA.2. ofthis Part, ifthe 

following requirements are met: 

Vl.B.7.a.	 The owner or operator ofthe source or modification submitted an application 

for a permit under Regulation No.3 before the provisions for maximum 

allowable increases for PM10 took effect; and 

Vl.B.7.b.	 The division determines that the application as submitted, before the date that 

the maximum allowable increases for PMlo took effect, was complete. 

VI.C.	 Notice to the U.S. EPA. 

The division shall transmit to the Administrator ofthe U. S. EPA a copy ofeach 

pennit application relating to a major stationary source ormajor modification subject 

to this regulation. and provide notice of every action related to the consideration of 

such pennit. 

VI.D.	 Major Stationary Sources in attainment areas affecting nonattainment areas. 

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VI.D.1.	 For any new major stationary source or major modification that is proposed to be
 

constructed in an area designated under section I07(d) ofthe Federal Act as
 

attainment or unclassifiable for a particular pollutant and the emissions ofsuch
 

pollutant from which would significantly affect ambient air quality in an area
 

designated as nonattainment for such polJutant, the division shall grant a permit ifit
 

determines that one or both ofthe folloWing conditions, as well as those in section
 

m.D.1. ofPart B and section VI.A. oftbis Part D will be met: 

VI.D.I.a.	 The proposed source or modification will meet the requirements ofsections 

VA.I. and V.A.2. ofthis Part, and obtain sufficient emission reductions of 

such pollutant in the nonattainment area to offset that portion ofits emissions 

ofsuch pollutant that affect the nonattainment area. Offsets may be obtained 

from outside the nonattaimnent area as provided in section V.A.3. ofthis Part; 

or 

V1.D.1.b.	 The proposed SOlD'ce or modification will achieve an emissions rate that wiU 

ensme that the emissions ofsuch pollutant from the source or modification 

will not significantly affect ambient air quality in the nonattaimnent area. 

VID.2.	 Ambient air quality will be deemed to 'be significantly affected if, but for any offsetS, 

the applicable significance level set forth in the following table would be exceeded in 

the nonattainment area. ' 

TABLE OF SIGNIFICANCE LEVELS 

Pollutant	 Averaging Time 

Annual 24-Hour 8-HoUr 3-HolD' I-Hour 

I.Ol1g1m] S l1g/m] 25 J1g!m] 

1.0 J1g/m] 511Wm] 

1.0 flg/m' 

500 J.18Im' 

VI.D.3.	 Any new major stationary source or major modification subject to this section that 

will emit or cause a net emissions increase in volatile organic compounds shall 

demonstrate to the satisfaction ofthe division that its emissions will not affect any 

ozone nonattainment area or shall obtain offsets as required in section VI.D.l., above. 

VI.D.4.	 Emission offsets for PMJO, sulfur dioxide, and carbon monoxide, must show, through 

air quality modeling, a positive net air quality benefit in the portion ofthe 

nonattainment area affected by emissions from the proposed source or modification. 

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VII.	 Negligibly Reactive Volatile Organic Compounds (NRVOCs) 

VIlA.	 The negligibly reactive volatile organic compounds referenced in the Common 

Provisions definition ofnegligibly reactive volatile organic compounds are 

considered to be ofnegligible photochemical reactivity and are neither counted as 

reactive volatile organic compounds in determining volatile organic compound 

emission contributions to an increase in ozone nor used as volatile organic compound 

emission offsets or other volatile organic compound emission trading credits against 

volatile organic compounds not listed in the common provisions negligloly reactive 

volatile organic compound definition. 

VII.B.	 Negligibly reactive volatile organic compounds may be substituted for volatile 

organic compounds and the resulting decrease in volatile organic compound 

emissions, ifotherwise creditable. may be used for offset, banking or other emission 

trading credit. 

vm. Area Classifications
 

vm.A. The following areas in Colorado shall be Class I areas and may not be redesignated:
 

VllI.A.l. National Parks
 

VIllA.I.a. Rocky Mountain 

VIII.A.1.b. Mesa Verde
 

vm.A.2. National Wilderness Areas
 

VIII.A.2.a. Black Canyon ofthe Gunnison
 

vm.A.2.b. Eagle's Nest
 

vm.A.2.c. Flattops
 

vm.A.2.d. Great Sand Dunes
 

vrn.A.2.e. La Garita
 

VllI.A.2.f. Maroon Bells - Snowmass
 

VIII.A.2.g. Mount Zirkel 

VIII.A.2.h. Rawah
 

VllI.A.2.i. Weminuche
 

VllI.A.2J.. West Elk
 

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Black Canyon ofthe Gunnison (those portions not included as National Wilderness 

Areas in section VIll.A.2.) 

Lan dministered by the Federal Bureau ofLand Management in the 

Go e Recreation Area as ofOctober 27.1977. All areas designated Class 

s section may be redesignated as provided in section IX. ofthis Part. 

Great Sand Dunes (th 

in section vm.A.2. 

provisions ofsectio XIII.D.• XIII.E.• or xm.F.: 

VllI.B.l.b. Colorado 

VIII.B.l.a. 

National Monuments 

Dinosaur 

Page 180 

All other areas ofColorado, unless otherwise specified by Act ofCongress or the 

Colorado legislature, or the commission pursuant to section IX. are designated ass 

ll; provided, however that in the following areas as they existed on AUgust 7 977 

aps available from the division), the increase allowed in sulfur dioxide 

con trations over the baseline concentration shall be the same as the " crease 

establi ed by section 163(b) ofthe Federal Act for Class] areas. t that such 

allowable' creases may not be allOWed ifa Federal Land Mana should make an 

adverse impa detennination under section xm.C. with whic e division CODCurs 

and except that h allowable increases may be exceeded compliance with the 

VIll.B.l. 

vm.B.l.c. 

VllI.B.l.d. 

vm.B.2. 

VID.B.2.a. 

vm.B.2.b. 

vm.B.3. 

VIII.C.	 The following areas may be redesignated only as Class I or ll. 

VIII.C.l.	 An area that exceeds ten thousand acres in size and is a national monument, a national 

primitive area, a national preserve. a national recreational area, a national wild and 

scenic river. a national wildlife refuge. a national lakeshore; and 

vrn.C.2.	 A national park or national wilderness area established after August 7. 1977. that 

exceeds ten thousand acres in size. 

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vm.D.	 The commissIon recognizes out ofstate Class I areas that have been listed in the 

Federal Register (44 Fed. Reg. 69124). Emissions from sources in Colorado shall not 

violate any standard in these areas. 

IX.	 Redesignation 

IX.A.	 Except as otherwise provided in this section or section vm. ofthis Part, the 

commission may redesignate any area in Colorado as Class I. Class nor Class ill as 

herein provided. The commission will provide notice to the General Purpose Unit of 

local government in an area where the maximum allowable increase is being 

approached. 

IX.B.	 The commission shall review and consider a request for redesignation by any person. 

IX.C.	 The commission shall not set a hearing date on a proposed redesignation Wlti1 the
 

following have been completed:
 

IX.C.I.	 A complete description ofthe area proposed for redesignatioIi; 

IX.C.2.	 A detailed statement ofthe circumstances that support the proposed redesignation; 

IX.C.3.	 A prediction ofthe costs and benefits for the affected population from the proposed
 

redesignation;
 

IX.CA.	 A teclmical analysis of expected impacts on ambient air quality in adjacent or nearby
 

areas;
 

IX.C.S.	 Comments, or evidence ofan opportunity for submission ofcomments, by all
 

appropriate regional planning agencies and councils ofgovernment organizations,
 

affected municipalities and other affected political subdivisions; and
 

IX.C.6.	 An analysis ofthe relationship ofthe proposed redesignation with applicable county
 

or regional development plans, including but not limited to, comprehensive area wide
 

plans and 208 water quality plans.
 

IX.D.	 The commission shall provide sixty day notice prior to a public hearing, including
 

notice to other states, Indian governing bodies and Federal Land Managers whose
 

lands may be affected by a proposed redesignation, ofany proposed redesignation,
 

and conduct public hearings on such proposed redesignation in or near areas within
 

Colorado that may be affected by such proposed redesignation, including at least one
 

public hearing within or as near as is practicable to the area to be redesignated. At
 

least thirty days prior to any such public hearings, the commission shall make
 

available for public inspection a discussion ofthe reasons for the proposed
 

redesignation, including a satisfactory description and analysis ofthe health,
 

environmental, economic, societal and energy effects ofthe proposed redesignation.
 

The notice announcing any public hearings shall contain appropriate notification of
 

the availability ofsuch discussion.
 

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IX.E. Prior to the issuance ofnotice respecting the proposed redesignation of an area that 

includes any federal lands, the commission shall provide written notice to the 

appropriate Federal Land Manager and afford adequate opportunity (not in excess of 

sixty days) to confer with the commission respecting the notice ofproposed 

redesignation and to submit written comments and recommendations with respect to 

such notice ofproposed redesignation. In redesignating any area with respect to 

which any Federal Land Manager had submitted written comments and 

recommendations, the commission shall publish a list of any inconsistency between 

such redesignation and such comments and recommendations and an explanation of 

such inconsistency (together with the reasons for making such redesignation against 

the recommendation ofthe Federal Land Manager). 

IX.F. All redesignations, except any established by an Indian governing body, shall be 

specifically approved; (I) by the governor, after consultation with the appropriate 

conunittees ofthe legislature, ifit is in session, or with the leadership ofthe 

legislature, ifit is not in session, and (2) by resolutions or ordinances enacted by the 

general purpose units oflocal government representing a majority ofthe residents of 

the area to be redesignated. 

IX.G. No area may be redesignated ifsuch redesignation would cause or contribute to 

concentrations ofany air pollutant in any other area that exceed any maximum 

allowable increase or maximum allowable concentration pencitted under the 

classification ofsuch area. 

IX.H. Lands within the exterior boundaries ofreservations of federally recognized Indian 

tribes may be redesignated only by the appropriate Indian governing body. 

IXl. Any redesignation shall constitute a revision to the Colorado State Implementation 

Plan and shall be submitted for approval to the Administrator ofthe u.s. EPA. 

IXJ. Any redesignation or denial ofa proper request for redesignation made pursuant to 

this section IX. shall be subject to judicial review in accord with Colorado Revised 

Statute section 25-7-120. " 

IX.K. Any area other thari an area to which sections"vm.A. or VID.C. refer to may be 

redesignated as Class III if any major stationary source or major modification could 

receive a pennit only ifthe area in question were redesignated as Class ill, and any 

material submitted as part ofthat application were available, insofar as was 

practicable, for public inspection prior to any public hearing on redesignation ofany 

area as Class m. 

X. Air Quality Limitations 

X.A. Ambient Air Increments 

X.A.I. The maximum allowable increases over the baseline concentration for sulfur dioxide, 

PM1o, or nitrogen dioxide except as provided in section vnr.B. ofthis Part, are: 

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X.A.l.a. For any Class I area: 

PM1G (J.lglm1 

Annual arithmetic mean 4 

Twenty-four hour maximum 8 

Sulfm dioxide (J.lglm1 

Annual arithmetic mean 2 

Twenty-Com hour maximum 5 

Three hour maximum 25 

NittogeD dioxide (Jlglm1 

Amrual arithmetic mean 2.5 

X.A.I.b. For any Class n area: 

PM1G (Jlg/ml 

) 

Annual arithmetic mean 17 

Twenty-four hour maximum 30 

Sulfur dioxide (~ml)

Annual arithmetic mean 20 

Twenty-four hour maximum 91 

TbJee hour maximum 512 

NilrogeD dioxide (Il&!'m1 

Annual arithmetic mean 2S 

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Page 184 

X.A.I.c. For any Class ill area: 

PM10 (f.lglm3) 

Annual arithmetic mean 34 

Twenty-four hour maximum 60 

Sulfur dioxide (J1g/mi 

Anoual arithmetic mean 40 

Twenty-four hour maximum 182 

Three hour maximum 700 

Nitrogen dioxide (Jlglmi 

Anoual arithmetic mean 50 

XA2. . The maximum allowable increases over the baseline concentration for any other air 

pollutant shall be the same as those increases established pursuant to section I 66(a) of 

the Federal Act. 

X.A.3. For any period other than an annual period, the applicable maximum allowable 

increase may be exceeded during one such period per year at anyone location. 

X.A.4. Periodic Review 

X.A.4.a.	 The division shall. on a periodic basis, review the adequacy ofthis Regulation 

No.3 for preventing significant deterioration ofair quality. Within thirty days 

after any information becomes available and there is cause to believe that an 

applicable increment is being violated, the division shall p~entthe cause for 

such beliefto the conumssion. 

X.A.4.b.	 Ifthe commission concurs that there is cause to believe that an increment is 

being violated, it shall hold a hearing to determine whether an increment 

violation exists. The hearing shall be held pursuant to the procedures of 

Colorado Revised Statute section 25-7-119. Notice should be given by first 

class mail to permitted somces that can be reasonably identified as emitting 

the pollutant in violation and affecting the area of violation. 

X.A.4.c.	 Should the commission detennine that an increment violation exists, the 

division shall review all sources affecting the area ofincrement violation and 

ensure that all such sources are in compliance with all applicable pennit 

conditions and state and local regulations. Within thirty days after completing 

Regulation No.3 Part D, Page 187. 

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such a review, the division shall recommend revisions, ifnecessary, to the 

commission to correct the violation. Upon receipt ofrecommended revisions 

from the division, the commission shall as soon as practicable act to revise 

this regulation as it deems necessary. 

Increment Consumption Restriction 

No new major stationary source or major modification shall individu 

consume more than seventy-five percent ofan applicable increm 

X.A.S.a.(i) 

X.A.S.a.(i)(A) 

Ambient Air Limits. No concentrations ofa pollutant sha 

a national ambient air quality standard or a state ambient air 

standard where no national ambient air quality standard has been 

established. 

XI. Exclusions From Increment Consumption 

X1A. The'following concentrations are excluded in determining compliance with a 

maximum allowable increase: 

XI.A.t. Concentrations attributable to the increase in emissions from stationary sources that 

have converted from the use ofpetroleum products, natural gas,'Or both by an order in 

effect \D1der sections 2(a) and (b) ofthe federal "Energy Supply and Environmental 

Coordination Act of1974" (or any superseding legislation) over the emissions from 

such sources before the effective date ofsuch an order, but not more than five years 

after the effective date ofsuch an order. 

XI.A.2. Concentrations attributable to the increase in emissions from sources that have . 

converted from using natural gas by reason of a Datural gas curtailment plan in effect 

pursuant to the Federal "Power Act" over the emissions from such sources before the 

effective date of such plan, but not more than five years after the effective date ofthe 

plan. 

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XI.A.3.	 Concentrations ofparticulate matter attributable to an increase in emissions from
 

construction or other temporary emission-related activities ofnew or modified
 

sources.
 

XIA.4.	 Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, 

or particulate maUer, or nitrogen oxides from stationary sources that are affected by 

revisions ofthe Colorado State hnplementation Plan that are approved by the 

Administrator ofthe U.S. EPA and that provide: 

XI.A.4.a.	 The time period ofsuch temporary increase in emissions is not reneY/able and 

may not exceed two years in duration, unless a longer time is approved by the 

division and the U.S. EPA; . 

XI.A.4.b.	 Such temporary increase in emissions shall not impact a Class I area or an 

area where an applicable increment is known to be violated or cause or 

contribute to the violation of a national ambient air quality standard; and 

XI.A.4.c.	 Emission limitations shall be in effect at the end ofthe time period specified 

in the plan revision that will ensure that the emissions levels from stationary 

sources affected by the plan revision will not exceed those levels occuning 

from such sources before the plan revision was approved by the U.S. EPA. 

XlI.	 Innovative Control Technology 

XII.A.	 An owner or operator of a proposed major stationary source or major modification 

otherwise subject to the requirements ofsection VI. ofthis Part D may request the 

division to grant a waiver fiom the Best Available Control Technology requirements 

and to approve a system ofinnovative control technology, in order to encourage the 

use ofsuch technology. 

XII.B.	 The division or the commission may. with the consent ofthe govemor(s) of other 

affected states, grant a waiver from the Best Available Control Technology 

requirements ofsection VI.A.I. ofthis Part necessary for the employment of 

innovative control technology and determine that the source or modification may 

employ such system if: 

XII.B.I.	 The proposed control system would not cause or contribute to an unreasonable risk to 

public health, welfare, or safety in its operation or function; 

XU.B.2.	 The owner or operator agrees to achieve a level ofcontinuous emissions reduction 

greater than or equivalent to that which would have been required under section 

VI.A.I. by a date specified by the division. Such date shall not be later than four 

years from the time ofstartup or seven years from permit issuance; 

XII.B.3.	 The source or modification would meet the requirements ofsections VI.A.I. and 

VI.A.2. based on the emissions rate that the stationary source employing the system 

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ofinnovative control technology would be required to meet on the date specified by 

the division; 

XD.BA.	 The source or modification would not, before the date specified by the division under 

section XII.B.2., above; 

XU.SA.a.	 Cause or contribute to any violation of an applicable national ambient air . 

quality standard; or 

xn.BA.a.(i)	 Impact any area where an applicable increment is known to be violated; or 

XU.B.S. All other applicable requirements including those for public participation have been 

met. 

xn.B.6. The provisions ofsection VIII. ofthis Part (relating to Class I areas) have been 

satisfied with respect to all periods dwing the life ofthe source or modification. 

xn.C. The division shall withdraw any approval to employ a system ofinnovative control 

technology made under this section, if: 

xn.C.1. The proposed system fails by the specified date to achieve the required continuous 

emissions reduction rate; or 

XU.C.2. The proposed system fails before the specified date so as to contribute to an 

unreasonable risk to public health, welfare, or safety; or 

XU.C.3. The division decides at any time that the proposed system is unlikely to achieve the 

required level ofcontrol or to protect the public health, welfare, or safety. 

XU.D. Ifa source or modification fails to meet the required level ofcontinuous emissions 

reduction within the specified time period, or ifthe approval is withdrawn in 

accordance with section xn.C., above, the division may allow the source or 

modification up to an additional three years to meet the requirement for the 

application ofbest available control technology through use of a demonstrated system 

of control. 

xm. Federal Class I Areas 

xm.A. Within twenty days ofreceipt of a pennit application for a new major stationary 

source or major modification that may affect visibility or air quality related values in 

any Federal Class I area, the division shall transmit a copy ofthe application to all 

affected Federal Land Managers and consult with them as to its completeness in its 

analysis and monitoring (ifrequired) of air quality related values. Ifthe division 

receives advance notification of a permit application of a source that may affect 

visibility or air quality related values, it will notify all affected Federal Land 

Managers within thirty days ofsuch notification. The division will consider any 

analysis performed by a Federal Land Manager that indicates there will be an adverse 

Regulation No.3 Part D, Page 190 

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impact on visibility or air quality related values ifsuch analysis is received within 

thirty days after the Federal Land Manager receives a copy ofthe complete 

application. Ifthe division disagrees with the Federal Land Manager, any notices for 

public co.mment or of a public hearing on the application will explain the 

disagreement or state where the explanation can be obtained. 

xm.B. In addition to the general impact analysis required by section VI.A.6. ofthis Part, any 

source that will have or is likely to have an impact on any designated Class I area 

may be required to conduct monitoring to establish the condition ofand impact on air 

quality related values in such Class I area(s) both prior to completing an application 

for a pennit to constIUct and during the construction and operation ofsuch source. 

XllI.B.I. Ifmonitoring is required, the source shall conduct a private monitoring program. 

However, ifmonitoring is being conducted by any other existing source or 

government agency, the new source may enter into ajoint monitoring program with 

that source OT agency. All monitoring programs must be approved in advance by the 

division. 

xm.B.2. Pre-application monitoring may include the monitoring ofnot more than three air 

quality related values or sensitive receptors of air quality related values specified by 

the division after consultation with the Federal Land Manager. The air quality related 

values or sensitive receptor(s) selected must be important to the affected Class I area, 

and there must be cause to believe that monitoring ofthe air quality related values or 

. sensitive receptors will provide a basis for evaluating effects to the relevant air 

quality related values. 

XIII.B.3.	 Monitoring during construction and operation may only be required for the sensitive 

receptors specified for pre-application monitoring, unless new information becomes 

available that demonstrates a significant economic or technological advantage of 

monitoring a different sensitive receptor, and it is acceptable to the source owner or . 

operator. 

XIII.B.4.	 Monitoring ofair quality related values or sensitive receptors of air quality related 

values may only be required if: 

xm.B.4.a	 Monitoring methods are reasonably available and research and development 

ofmonitoring methods are urmecessary; 

xm.B.4.b.	 The major effect on the air quality related values or sensitive receptor would 

reasonably be predicted to be a result ofthe applicant's individual emissions 

or ofthe applicant's emissions in combination with any person's emissions 

with whom the applicant may be required to conductjoint monitoring; and 

XIII.BA.c.	 It is economically reasonable for the source to conduct such ~onitoring.

Xill.C.	 Sources Impacting Federal Class I Area - Additional Requirements. Federal Land 

Managers may present to the division, after its preliminary analysis required under 

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section ill.B. ofPart B ofthis regulation, a demonstration that the emissions from the 

proposed source or modification would have an adverse impact on the air quality 

related values (including visibility) ofany federal mandatory Oass I lands. 

notwithstanding that the change in air quality resulting from emissions from such 

source or modification would not cause or contribute to concentrations that would 

exceed the maximmn allowable increases for a Class I area. Ifthe division concurs 

with such demonstration, or in the event the Federal Land Manager fails to perform 

an adverse impact analysis and the division determines that there is an adverse impact 

on visibility. or the division detennines that a demonstration ofno adverse impact is 

in error, the division shall not issue the permit. 

XIDD. Class I Variances. The owner or operator of a proposed major stationary source or 

major modification may demonstrate to the satisfaction of the Federal Land Manager 

that the emissions ftom such source or modification would not have an adverse 

impact on the air quality related values (including visibility) ofClass I lands under the 

Federal Land Manager's jurisdiction. notwithstanding that the change in air quality 

resulting from emissions from such source or modification would cause or contribute 

to concentrations that would exceed the maximwn allowable increases for 8 Class I 

area. Ifthe Federal Land Manager concurs with such demonstration and so certifies 

to the division, the division or the commission may, provided that applicable 

requirements are otherwise met. issue the permit with such emission limitations as 

may be necessary to assure that emissions of sulfur dioxide, and PM1o, and nitrogen 

oxides would not exceed the following maximwn allowable increases over the minor 

source baseline concentration for such pollutants. 

Maximum allowable increase 

Particulate matter 

PM10. Amroal arithmetic mean ]7~m)

PM,o, Twenty-four hour maximum 3Ol1g/m3 

Sulfur dioxide 

Annual arithmetic mean 20~m3

TWCDty-four hour maximum 91 Jlg/m3 

Three hour maximum 325 !1g/m3 

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. Nitrogen dioxide 

Annual arithmetic mean I 

XIII.E.	 Sulfur Dioxide Variance by Governor 

xIn.E.l.	 The owner or operator of a proposed major stationary source or major modification 

that cannot be approved Wlder section xm.D., above, may demonstrate to the 

governor that the source or modification cannot be constructed by reason ofany 

maximum allowable increase for sulfur dioxide for periods oftwenty-four hours or 

less, applicable to any Class I area and, in the case ofthe federal mandatory Qass I 

areas, that a variance under this section would not have an adverse affect on the air 

quality related values ofthe area (including visibility). 

XIII.E.2.	 The govemor, after consideration ofthe Federal Land Manager's recommendation (if 

any) and subject to his concurrence, may grant, after notice and an opportunity for a 

public hearing, a variance from such maximum allowable increase. 

XIll.E.3.	 Ifsuch variance is granted, the division may issue a pennit to such source or 

modification in accordance with section xm.G., below, provided that the applicable 

requirements ofRegulation No.3 are otherwise met. 

XIll.F.	 Variance by the Governor with the President's Concurrence 

XIII.F.!.	 The recommendations ofthe governor and the Federal Land Manager shall be 

transferred to the president in any case where the governor recommends a variance 

with which the Federal Land Manager does not concur. 

XID.F.2.	 Ifthe president approves the variance, the division may issue a pennit in accordance 

with section XIII.G., below, provided that the applicable requirements ofRegulation 

No.3 are otherwise met. 

XID.G. Emission Limitations for Presidential and Gubernatorial Variance. In the case ofa 

pennit to be issued under sections xm.E. and XIII.F., the source or modification 

shall comply with emission limitations as may be necessary to assure that emissions 

ofsulfur dioxide from the source or modification would not (during any day on that 

the otherwise applicable maximum allowable increases are exceeded) cause or 

contribute to concentrations that would exceed the following maximum allowable 

increases over the baseline concentration assure that such emissions would not cause 

or contribute to concentrations that exceed the otherwise applicable maximum 

allowable increases for periods of exposure oftwenty-four hours or less for more than 

.eighteen days, not necessarily consecutive, during any annual period: 

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Visibility 

Pwpose 

. 

XIV.B. 

an 

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Maximum Allowable Increase (I!g!m) 

Period ofExposure Terrain Areas 

Low High 

24·bour maximum 36 62 

130 221

-----------_3-hour.._

maximum

•.. 

section assures reasonable progress towards the national goal ofpreven' g 

, and remedying existing. visibility impainnent in Class I areas, wh such 

ent results from man-made air pollution. 

This section lies to all Class I areas and to sources in Colo no the emissions from 

which may rcaso Iy be anticipated to cause or contribute any impainnent of 

visibility in any suc area (even if the area is in another te). 

XN.C.	 Definitions 

For purposes ofthiS section 

XIV.C.I.	 Adverse impact on visibility me UIpOse ofsection XIV.E., visibility 

impainnent that interferes with the gement, protection, preservation, or 

enjoyment ofthe visitor's visual ex ce ofthe Class I area. Any determination 

shall be made on a case-by-case s into account the geographic extent, 

intensity, duration, frequency time ofYl ibility impainnents, and how these 

factors correlate with times visitor use ofth Class I area, and the frequency and 

timing ofnatural conditio that reduce visibili . 

XIV.Co2.	 Best Available It Technology means an emissio limitation achievable through 

the application of e best system ofcontinuous emissio eduction for each pollutant 

that is emitted an existing stationary faci1ity. The emis . n limitation shall be 

established a case-by-case basis taking into consideration e technology available. 

the costs compliance, the energy and non-air quality enviro ntal impacts of 

compli ce, any pollution control equipment in use or in existence t the source, the 

rem .. g useful life ofthe source, and the degree of improvement in 'sibilitythat 

reasonably be anticipated to result from the use ofsuch technolo . 

Existing stationary facility means any ofthe stationary sources of air pollut s 

defined in sections lB.19., lB.22. through lB.25., lB.34., and I.BAt. ofPart 

section I.A.I.(c) ofPart C, and section n.A.25. ofPart D ofthis regulation, inclu g 

reconstructed source, that was not in 0 eration rior to Au st 7, 1962, and had 

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commenced construction on or before August 7, 1977, and has the potential to emit 

two hWldred and fifty tons'per year or more ofany air pollutant. In detennining 

potential to emit. fugitive emissions, to the extent quantifiable shall be cOWlted./ 

Long-term strategy means a ten to fifteen year plan for making reasonable p~ess

ward the national goal specified in section XIV.A. ofthis Part. / 

/ " 

XIV.C.S.	 Na at co~ditions incl~des naturally occurring pheno~ena that reduce"Aisibility as 

me m terms ofVIsual range, contrast, or coloratIon. /

/

.1 

XN.C.6.	 ReasonaH attributable means attributable by visual observation,,6r any other
 

technique state deems appropriate. /
 

XIV.C.7.	 Significant imp' ent means, for purposes ofsection XIV;b.2.~.• visibility
 

impairment, that terferes with the management, p~tec}ibn, preservation or
 

enjoyment ofthe VI 'tor's visual experience ofthe CI34SI area.
 

/

/ 

XIV.C.S.	 any humanly percep~me change in visibility (visual
 

range, contrast, coloratio that would have exi~p!d lDlder natural conditions.
 

" 

XIV.C.9.	 Class I area means an area lis~~. section ~.A. oflhis Part and any area that may 

be redesignated to Class I in th\ture. / 

XIV.D.	 Existing Impainnenl '/. 

XIV.D.1. The Federal Land Manager or thejlivis~n may, at any time, certify to the division 

director that visibility impairmept ~ists u...any Class I area The division may also 

certify that visibility impainn~t exists in Cl.ass I area without the concurrence of 

the Federal Land Manager:/\ 

XIV.D.2.	 Each existing stationary)~iIity located in Colo 0 to which the cause ofor 

contribution to visibiytY impairment in any Class I is reasonably attributable, 

shall apply for~tain from the division a permit t requires the'installation and 

operation ofBest vailable Retrofit Teclmology. The citity shall install and 

operate Best A 'lable Retrofit Technology as expeditio y as practicable but in no 

case later th~ five years after pennit issuance. . 

XN.D.2.a. . F¢fossil-fuel fired generating plants having a total gen sting capacity in 

~~.:ss of750 megawatts, Best Available Retrofit Techno gy shall be 

/	 detennined pursuant to "Guidelines for Determining Best X 'lable Retrofit 

Technology for Coal-fired Power Plants and Other Existing S lionary 

Facilities" (U.S. EPA Publication No. 4S0/3-80-009b, 1980), an state ofthe 

art infonnation available at the time ofBest Available Retrofit T logy / analysis. Pursuant to Colorado Revised Statute section 24-4-103 (l ), the 

document referenced in this section is available for public inspection 'ng 

nonnal working hours, or copies are available for cost. from the technic 

secretary of the commission, 4300 Cherry Creek Dri~e South, Denver, '\ 

Regulation No.3 Part D, Page 195 

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Colorado 80246-1530. This Regulation No.3 does not include later 

amendments to or editions ofthe referenced documents. 

Should technological or economic limitations make the application ofB~ Available Retrofit Technology as previously defined infeasible, the s~~ay instead prescribe a design, equipment, work practice, or other oper¢'onal 

standard, or combination thereof, as representing Best Available)l'etrofit 

Technology. Where a facility is subjeet to section XN.D.2.a., e to 

tecbnoJogicallimitations, the facility shall install and operate est Available 

fit Technology as previously defined when new tee ogy for control 

o e pollutant becomes reasonably available provided:. the polJutant is 

emi by the existing facility; 2) controls representing-Best Available 

Retro Technology for the pollutant have not previo6sly been required under 

this sectitw; and 3) the impairment ofvisibility in~y Class.I area is 

rcasonabJy'~outableto the emissions ofthat yo1lutant. 

\	 / 

XIV.D.2.c.	 Any existing sfav.onary facility required to and operate Best Available 

Retrofit Technoldgy under this section m~apply to the division and the U.S. 

EPA Administrator or an exemption.~/

i 

XIV.D.2.c.(i)	 An application und this sectiop-'Inust include all available documentation 

relevant to the impact fthe sptlrce's emissions on visibility in any Class I 

area and a demonstratio =lthe existing stationary facilin' that it does not 

or will not by itselfor in mbinatioD with other sources, emit any air 

pollutant that may be r~~on ly anticipated to cause or contribute to a 

significant impainnit/ofviSi~tyin any Class I area. 

XIV.D.2.c.(ii) Any fossil fuel flfe'd power Plant~th a total generating capacity of750 

megawatts or D,:16re may rc:ceive an ~emptionfrom Best AvaiJable 

Retrofit Tecqnology only Ifthe ownei'c?r operator ofsuch power plant 

demo~to the satisfaction ofthe di~sion that such power plant is 

located ~such a distance from alJ Class I areas that such power plant does 

not or not by itselfor in combination wi~ other sources emit any air 

poll~t that may reasonably be anticipated td"'Eause or contribute to 

s~ficant impainnent ofvisibility in any such Olass I area. 

I	 \ 

XIV.D.2.C...«~i"e existing stationary facility must give prior writt" notice to all 

/ affected Federal Land Managers of any application fo xemption. 

XIV.Djc.(iv}The Federal Land Manager may provide an initial recomm dation or 

/ comment on the disposition ofsuch application. Such reco endation, 

where provided, must be part ofthe exemption application. . 

/ . recommendation is not to be construed as the concurrence requir 

II section XIV.D.2.c.(iv). 

/ 

/ XIV.D.2.c.(v) After notice and opportunity for public hearing, before the commissio 

the division may grant or deny the exemption. 

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assessment of: 

.F.l.c.(i) 

strategy revisions. 

cry third year 

ility in 

Page 194 

XIV.D.2.c.(vi)An exemption granted by the division under this section will be effective 

only upon concurrence by all affected Federal Land Managers. 

.D.2.c.(vii) Any detennination shall be made on a case-by-case basis t . g 

into accoWlt the geographic extent, intensity, duration, frequency d time 

ofthe visibility impairment, and how these factors correlate wi time of 

visitor use ofthe Class I and the frequency and timing 0 tural 

conditions tlmt reduce visibility. 

XIV.D.2.d.	 e division shall process any application for a permit req . ed by section 

X .D.2., above, or any application for exemption Wlder tion XIV.D.2.b., 

acco ing to the time constraints stated in Part B, secti m.B. ofthis 

regula' n. All applications for permits or exemptio will be subject to 

public n 'cc and public hearing requirements app' able to sources subject to 

the provist ofsection VI. ofthis Part. Proc g fees will be charged to 

the applicant recover actual costs incurred b the division as stated in 

section VI. of A ofthis Regulation No. . 

XIV.E. 

XIV.F. 

XIV.F.l. 

XIV.F.1.a. 

dManagers. 

ppropriate, the long-tenn strategy every 

d major modifications shall 

wil ot have an adverse impact on visibility in 

V .6., VI.A.6., and xm. ofthis Part. 

Applicants for new major statl 

demonstrate that the proposed s 

The commission ~all review 

a Class I area as required by sectio 

New S·ource Review 

Long-tenn Strategy 

three years. 

XIV.F.l.b. g shall be held upon request 0 y interested person. The 

state shal rovide written notification to each ed Federal Land Manager 

and oth affected states at least sixty days prior to olding any public hearing. 

XIV.F.l.c. Th .vision shall prepare a report for the commission 

ard the national visibility goal since the last long-t 

e report will be made available on September 1, at least 

following the submittal ofthe previous report. The report sh 

The progress achieved in remedying existing impairment ofvis 

any Class I area; 

XN.F.l.c.(ii)	 The ability of the long-tenn strategy to prevent future impainnent of 

visibility in any Class I area; . 

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XN.F.l.c.(iii) Any change in visibility since the last such report, or in the case ofthe fi 

report, since plan approval, including an assessment of existing 

conditions; 

.F.I.c.(iv) Additional measures, including the need for state implementation an 

revisions, that may be necessary to assure reasonable progress ard the 

national visibility goal; 

v) The progress achieved in implementing Best Available 

Technology and meeting other schedules set forth in th 

tegy; 

XIV.F.I.c.(vii)The for Best Available Retrofit Techno gy to remedy existing 

impairm t in an integra) vista declared s' 

XIV.G. Public Land Emission 

XIV.G.I. Federal Public Lands 

XIV.G.I.a.	 For the purposes of this .G., federal land management agency 

means a federal agency and manages at least 50,000 acres of federal 

land in Colorado. 

XIV.G.I.b. shall submit to the commission emission 

d no less frequently than every five years 

XN.F.I.c.(vi) 10 impact ofany exemption granted under secti 

XIV.G.l.c. ted in sectionXIV.G.3.b. ofthis 

regulation and .ssiODS ofcriteria poll 18, including surrogates or 

precmsors for ch pollutants, from activiti . Colorado' or other states that 

may affect y mandatOry class I federal area Colorado by reducing 

visibility' such area. 

XIV.G.2. 

XlV.G.2.a. division shall submit to the commission emission in 

d management agencies including the State Land Bo , the Department of 

Agriculture, and the Department ofNatwal Resources by] 1,2002 and no 

less frequently than every five years thereafter. 

The inventory shall include the sources listed in section XIV.G.3.b. ofthis 

regulation and emissions of criteria pollutants, including surrogates 0 

precursors for such pollutants, from activities in Colorado that may af t any 

mandatory class 1 federal area in Colorado by reducing visibility in such ea. 

Public Land Emission Inventory Requirements 

Regulation No.3 Part D, Page 198 

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Page 196 

XIV.G.3.a.	 The inventory shall include both current emissions and projected future
 

emissions, over at least a five-year period.
 

.G.3.b. The following sources on public lands shall be included in the inventory; 

/ 

.G.3.b.(i) Stationary source emissions. based on existing air pollution emi~on

notices filed with the division;. 1 

/ 

XIV.G.3..(ii) Mobile sources utili' state lands, excluding state and f~~ral highways; . 

XIV.G.3.b.~avCd and unpaved roads;	 // 

\	 / 

XIV.G.3.b.(iv)F~ on public lands from all sources; and /1 

X1V.G.3.b.(v) BiOS\sources, including emissions from f and fimna. 

XIV.GA. Public Hearings \	 / 

Not later than December I, 2002, and no less ~~tly than every five years 

thereafter, a public hearing fore the cOmmiss;:;;h~be conducted to approve the 

public land enussion invento·. . ,./' 

/ 

xv. C~n~w	 / 

// 

Major Stationary Sources may use th / rovisions in section xv.A. orxv.B. to 

establish a clean unit designation. , 

XV.A. Clean Unit Testfor emissions u~that ar ubject to BACT or £AER. 

An owner or operator ofa ajor stationary so ce shall have the option ofusing the 

Clean Unit Test to det ' ne whether emissions creases at a Clean Unit are part of 

a project that is a maj modification according to e provisions in sections XV0.4.1. 

through XV.A.9. 

XV.A.I. Applicability	 \\ 

The provisio ofthis section xv. apply to any emissions um or which the Division 

has issued major NSR permit within the ten years prior to th lite that the major 

stationa source submits a clean unit designation request. 

The equirement establishing that clean unit status is available only sources to 

w ch the Divisian has issued a major NSR permit within the ten years 

ate that the major stationary source submits a clean unit designation r 

in this subsection xv.A. J.• shall not befederally enforceable and shall not 

incorporated into the state implementation plan. 

xv 1J\.2. General Provisions 

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Any projectfor which the owner or operator begins actual construction after 

the effective date ofthe Clean Unit designation (as determined in accordan 

with section xv.A.4.) and before the expiration date (as determined in 

accordance with section xv'A.5.) will be considered to have occurred 

the emissions unit was a Clean Unit. 

Ifa project at a Clean Unit does not cause the needfor a change' the 

emission limitations or work practice requirements in the perm' "jor the unit 

hat were adopted in conjunction with BACTor LAER and t projectwould 

n t alter any physical or operational characteristics thatfi ed the basis for 

the ACTor LAER determination as specified in section :A.6.d.• the 

emu . ns unit remains a Clean Unit. 

XJI.A.2.c.	 Ifa proj t causes the needfor a change in the em' sion limitations or work 

practice re irements in the permitfor the unit t t were adopted in 

conjunction 'th BACTor LAER orthe projec ould alter any physical or 

operational ch acteristics thatformed the isfor the BACTor LAER 

determination as ecified in section xv. .d.• then the emissions unit loses 

its designation as a lean Unit upon is nce ofthe necessary permit 

revisions (unless the it requaliftes a Clean Unit pursuant to section 

XV.A.3.c.). Ifthe owne r operator egins actual construction on the project 

withoutfirst applying to . e th emissions unit's permit. the Clean Unit 

designation ends immediate or to the time when actual construction 

begins. 

XJl.A.2.d.	 .A project that causes an ISSJO unit to lose its designation as a Clean Unit 

is subject to the app/i ility requin ents ofsections I.A.3. through LB.2.• 

and LB.4. ofthis Pa ']) as ifthe emU. 'ons unit is not a Clean Unit. 

For emis ons units that meet the require nts ofsections XJl.A.2.e.(i) and 

XV.A. .(ii), the BA etlevel ofemissions Ti uctions and/or work practice 

requ' ements shallsatisfy the requirementfor 'R in meeting the 

.re irementsfor Clean Units under section xv. .3. through XV.A.B. of 

t IS Part D. For these emissions units. all requiTi entsfor the LAER 

'determination under sections XV.A.l.b. and XY.A.2. shall also apply to 

the BACTpermit terms and conditions. In addition. til requirements of 

section xv. A. 7.'0. (iJJ do not apply to emissions units th ualifyfor Clean 

Unit status under this section XV.A.l.e. 

.The emissions unit must have received a PSD permit within til ten years 

prior to a requestfor designation, and such permit must require e 

emissions unit to comply with BACT. 

The emissions unit must be located in an area that was redesignated 

nonattainmentfor the relevant pollutant(s) after issuance ofthe PSD 

XV.A.2.e. Redesignated Nonattainment. 

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permit and before the effective date ofthe Clean Unit Test provisions in
 

the area.
 

Qualifying or re-qualifying to use the Clean Unit applicability test.
 

n emissions unit automatically qualifies as a Clean Unit when the unit me s the
 

'teria in sections XY.A.3.a. and XV.A.3.b., and requests in writing to b esignated
 

as ch by the Division. After the original Clean Unit designation E!XB' es in .
 

acco ance with section XY.A.5., or is lost pursuant to section XY.A .c., such
 

emissi unit may re-qualify as a Clean Unit under either section '.A.3.e. or under
 

the Clea nitprovisions in section.xv.B. To re-qualify as a C an Unit under
 

section.xv. 3.e. the emissions unit must obtain a new major 'R permit issued
 

through the a licable major NSR or PSD program and me all the criteria in
 

section XV.A.3. aean Unit designation applies individ llyfor each pollutant
 

emitted by the em ions unit.
 

The requirement that source must requestfrom til 'vision a designation as a
 

clean unit set out in the bsection XV.A.3. shall t befederally enforceable and
 

shall not incorporated int the statt; implement On plan. 

XV.A.3.a. 

XY.A.3.b. 

hav eceived a major NSR permit within the ten 

r designation. The owner or operator must 

'de information that would demonstrate that 

met. 

Regulation No. 3 

Revision 4116/2004 

Air pollutant issionsfrom the em ions unit must be reduced through 

the use ofa airpollution control tec logy (which includes pollution 

preventio as defined under section LB. . ofPart A or workpractices) 

that m both thefollowing requiremen 'n section XV.A.3.b.(i} and 

XV.A .b.(ii}. 

XY.A.3.b.(i}	 e control technology achieves the BACTor 

eduetions as determined through issuance ofa . r NSR permit within 

the past ten years. However, the emissions unit is no ligiblefor Clean 

Unit designation ifthe BACTor LAER determination Ited in no 

requirement to reduce emissions below the level ofa stan rd, 

uncontrolled, new emissions unit ofthe same type. 

The owner or operator made an investment to install the contro 

technology. For the purpose ofthis determination, an investment cludes 

expenses to research the application ofa pollution prevention tech . ue to 

the emissions unit or expenses to apply a pollution prevention techniq to 

an emissions unit. 

Part D, Page 201 

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Re-qualifyingfor the Clean Unit designation. 

The emissions unit must obtain a new major NSR permit that requires 

compliance with the current-day BACTor LAER, and the emissions. nit 

must meet the requirements in sections XV.A.3.a. and XY.A. 3.b. 

XV.A.4. eetive date ofthe Clean Unit designation. 

The ective date ofan emissions unit's Clean Unit designation (tha ,the date on 

which owner or operator may begin to use the Clean Unit Test 0 determine 

whether roject at the emissions unit is a major modification) . determined 

according t the applicable sections %V.A.4.a or XV.A.4.b., b w. 

XY.A.4.a.	 Origina Clean Unit designation, and emissions u that re-qualify as Clean 

Units by' lementing a new control technology, 0 meet current-day BACTor 

LAER. 

The eJfecti ate is the date the emiss' ns unit's airpollution control 

technology is ced into service, or ree years after the issuance date of 

the major NSR p it, whichever' earlier, but no sooner than the date 

that provisionsfor e CleQ1J U. . applicability test are approved by the 

Administratorfor in rporati into the State Implementation Plan. 

.KV.A.4.b. 

xv.A.S. Clean Unit expiration. 

An emissions unit's Cl n Unit design"ation expir (that is, the date on which the 

owner or operator m no longer use the Clean Un Test to determine whether a 

project affecting t emissions unit is, or is part of. a !jor modification) according 

to the applicable ection XY.A.5.a. or XV.A.5.b., below. 

.KV.A.5.a.	 Ori~ I Clean Unit designation, and emissions uni that re-qualify by 

im menting new control technology to meet current BACTor £AER. 

For any emissions unit that automatically qualifies as Clegn Unit under 

sections XV.A.3.a. and XV.A.3.b., or requalifies by impl enting new 

control technology to meet current-day BACT undersectio :A.3.c. of 

this Part D, the Clean Unit designation expires ten years aft the eJfective 

date, or the date the equipment went into service, whichever is rlier; or, 

it expires at any time the owner or operatorfails to comply with e 

provisions for maintaining Clean Unit designation in section xv.A. 

this Part D. . 

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XV.A.5.b,	 Emissions units that re-qualifyfor the Clean Unit designation using an 

e~'sting control technology. 

For any emissions unit that re-qualifies as a Clean Unit under sect; 

XV.A.3.c. using an existing control te.:hnology, the Clean Unit cJ, gnation 

expires ten years after the effective date; or, it expires any time e owner 

or operatorfails to comply with the provisionsfor maintainin the Clean 

Unit Designation in section XV.A. 7. 

\ 

XV.A.6. Requir~tiJle Vpermit contentfor a Clean Unit. 

\	 . 

After the elret:tive date ofthe Clean Unit designation. and in a ordance with the 

provisions-of~rt C ofthis regulation, but no later than wh the title Vpermit is 

renewed, the title Vpermitfor the majorstationary source ust include thefollOWing \ 

terms and ( onditi~ in sections XY.A.6.a. through xv. f related to the Clean 

Unit. \\ 

Ifthis date is not kno whe lhe Clean Unit designation is initially 

recorded in the title Vpe t (e.g.. because the airpollution control 

technology is not yet in s 'ce), the permit must describe the event that 

will detennine the e.ffe 've e (e.g., the date the control technology is 

placed ilIto service). ce the ective date is determined, the owner or 

operator must noti the division the exact date. This speCific effective 

date must be a d to the source's 'tle Vpermit at the first opportunity, 

such as a mod' cation, reopening, 0 enewal ofthe title Vpermitfor any 

reason, whi ever comes first. but in n case later than the next renewal. 

. XV..A.6.c. The expira . n date ofthe Clean Unit designa n. 

Ift . date is not known when the Clean Unit ignation is initially 

r orded in the title Vpermit (e.g., because the a lIution control 

echnology is not yet in service), then the permit m t describe the event 

that will determine the expiration date (e.g.• the date e control 

technology is placed into service). Once the expiration te is determined, 

the owner or operator must notify the division ofthe exac teo 

The expiration date must be added to the source's title Vpe 'I at thefirst 

opportunity, such as a modification. reopening, or renewal oft title V 

permitfor any reason. whichever comesfirst. but in no case later an the 

next renewal. 

A statement indi ting that the emissions it qualifies as a Clean Unit and 

identifying the pol tant(s) for which this 'lean Unit designation applies. 

XV.A.6.b. 

XV..A.6.a. 

'\ 

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All emission limitations and workpractice requirements adopted in 

conjunction with BACTor LAER, ant! anyphysical or operational 

characteristics that formed the basisfor the BACT orUER determinatio 

(e.g., the emissions unit's capacity or throughput). 

Monitoring. recordlceeping, and reporting requirements as necessa 

demonstrate that the emissions unit continues to meet the criteria or 

maintaining the Clean Unit designation. 

XV.A.6.f.	 nns reflecting the owner or operator 's duties to maintai he Clean Unit 

ation and the consequences offailing to do so, as esented in section 

\ 

XV.A.7. Maintaining the C:1ean Unit designation. 

\." 

To maintain the Clea);'{/nit designation, the owner operator must conform to all 

the restrictions listed in )~ctions XV.A. 7.a. throug XV.A. 7.c. Section XV.A. 7. 

applies independently to ebeh pol/utantfor whi the emissions unit has the Clean 

Unit designation. Tha~ is, fat 'ng to conform t the restrictionsfor one pollutant 

affects Clean Unit designation ollutant. 

XV.A.7.a.	 The Clean Unit must comp wit the emission /imitation(s) and/or work 

practice requirements adopt n conjunction with the BACTor UER that is 

recorded in the major NSR it, and subsequently reflected in the title V 

n/yfor that 

permit. 

XV.A. 7.a. (i)	 The owner or oper. tor may not Ice a physical change in or change in 

the method of0 ration ofthe Clea Unit that causes the emissions unit to 

function in a Dnner that is inconsist=with the physical or operational 

.	 characteris' thatformed the basisfo he BACTorUER determination 

(e.g., pos . /y the emissions unit's capacl or throughput). 

\ 

XV.A. 7.a. (ii) The	 ~n Unit may not emit above a level t~has been offset. 

X'v.A.7.b. The ean Unit must comply with any terms and cO~iOnsin the title V 

il related to the unit's Clean Unit designation. \ 

XY.A.7.c. e Clean Unit must continue to control emissions using specific air 

pollution control technology that was the basis for its Clean ~it designation.

Ifthe emissions unit or control technology is replaced, then the'Clean Unit . 

designation ends. '\ 

\ Offsets and netting at Clean Units.	 \'" 

Emissions changes that occur at a Clean Unit must not be included in calculati~g\a significant net emissions increase (that is, must not be used in a "netting analysis 'J" 

\ 

~l~

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or be usedfor generating offtets unless such use occurs before the effective date of 

the Clean Unit designation, or after the Clean Unit designation expires,' or, unless 

emissions unit reduces emissions below the level that qualified the unit as a Clea 

Unit. However, ifthe Clean Unit reduces emissions below the level that qualiji the 

unit as a Clean Unit, then, the owner or operator may generate a creditfor t 

. erence between the level that qualified the unit as a Clean Unit and the ew 

e . 'Sion limitation ifsuch reductions are surplus, quantifiable, and~nent. For 

pu7~.es ofgenerating offtets, the reductions must alSo befederally orceable. For 

purp ofdetermining creditable net emissions increases and deer ases, the 

must also be enforceable as a practical matter. / 

/
 

'-Y.A.9.
 ;/ 

ignation ofan emissions unit is not affi ted by redesignation of 

ofthe area in which it is located. at is, ifa Clean Unit is 

located in an attain nt area and the area is redesiPJ ted to nonattainment, its 

Clean Un:'t designatio . not affected. Similarly, re ignation from nonattainment 

to attainment does not a ct the Clean Unit desi ation. However, ifan existing 

Clean Unit designation . es' it must re-quali under the requirements that are 

currently applicable in the a 

XV.B.	 Clean Unit proVisionsfor emissi at achieve an emission limitation 

comparabkto BACTorLAER 

An owner or operator ofa major st ary source shall have the option ofusing the 

Clean Unit Test to determine wh er . 'Sions increases at a.Clean Unit arepart of 

a Project that is a major modifi, ation acco ing to the provisions in sections XY.B. J. 

through XV.B. J1. ofthis Pa,.,. 

XV.B.I.	 Applicability / , 

The provisions ofse ~n XY.B. apply to emissions~ts that do not qualify as Clean 

Units under sectio :A., but that are achieving a l~ofemissions control 

comparable to B 'CT orLAER, as determined by the divi&ion in accordance with 

section XV.B. \ 

XV.B.2.	 Generalpn visionsfor Clean Units. \ 

rie,~ions in sectionsXY.B. 2.a. through XY.B.2.d. apply to~ean Unit 

des;rated under section XY.B. 

XV.B.2.	 . Anyprojectfor which the owner or operator begins actual cons etion after 

the effective date ofthe Clean Unit designation (as determined in a ordance 

with section XY.B.5.) and before the expiration date (as determined i 

accordance with section xv.B. 6.) will be considered to have occurred 

the emissions unit was a Clean Unit. 

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XY.B.2.b.	 Ifa project at a Clean Unit does not cause the needfor a change in the 

emission limitations or work practice requirements in the permitfor the unit/' 

that have been determined (pursuant to section xv'B.4.) to be comparable1io 

BACTor £AER, and theproject would not alter any physical or operati al 

characteristics thatformed the basisfor determining that the emissio unit's 

control technology achieves a level ofemissions control comparabl 0 BACT 

or LAER as specified in section XY.B.8.d., the emissions unit rem ns a Clean 

Unit. 

XY.B.2.c. roject causes the needfor a change in the emission Ii tations or work 

p'" tice requirements in the permitfor the unit that haveeen determined 

(Pu , nt to section xv'BA.) to be comparable to BAC or £AER, or the 

project'would alter anyphysical or operational chan teristics thatformed , the basisJqr determining that the emissions unit's ntrol technology achieves 

a level ofeintssions control comparable to BAC orUER as specified in 

section XY.B.'8. d., then the emissions unit los IS designation as a Clean Unit 

upon issuance the necessarypermit revis; (unless the unit re-qualifies as 

a Clean Unit ant to section xv'B.J.d . Ifthe owner or operator begins 

actual construction nthe project with first applying to revise the 

emissiollS unit's perm the Clean Un' designation ends immediately prior to 

the time when actual co truction b ·ns. 

XY.B.2.d.
 unit to lose its designation as a Clean Unit
 

uirements ofsectiollS LA.J. through IB.2 and
 

sions unit were never a Clean Unit.
 

is subject to the applicability 

IBA. ofthis Part D as iftil em 

XV.B.3. Qualifying or re-qualifying to e the Clea Unit applicability test. 

An emissions unit qualifies a Clean Unit wh the unit meets the criteria in 

sections XV.B.J.a. throu xv'B.3.c. After the 0 'nol Clean Unit designation 

expires in accordance 'th secti.'on XY.B. 6. or is lo~rsuantto section xv'B.2.c., 

such emissiollS unit re-qualify as a Clean Unit. u7J4.er either section XV.B.3.d., or 

under the Clean Wit provisions in section XV.A.. To re~ualify as a Clean Unit under 

section XV,B.J.d,,(the emissions unit must obtain 0 newp'e{mit issuedpursuant to the 

requirements' sections xv'B. 7. and XY.B.8. and meet all 'th.e criteria in section 

XV.B.3.d.	 division will make a separate Clean Unit de.si~tionfor each 

pollutant itted by the emissions unitfor which the emissions \ ~it qualifies as a 

CleanY'it. '\ 

xv.B.3.a./ QualflYing ai' pollution control tecJmologies. \\ 

Air pollutant emissionsfrom the emissions unit must be reduci through 

the use ofair pollution control technology (which includes poilu . n 

prevention as defined in section lB. 33. ofPart A ofthis regulation r 

work practices) that meets both the following requirements in seetio 

XY.B.3.a.(i) and xv'B.3.a.(ii), below. \ 

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Demonstrating control effectiveness comparable to current-day BACT and 

The owner or operator shall demonstrate that the emissions unit 'scontrol techn 

is comparable to current-day BACT or LAERfor purposes ofsection XY.B.3.a. 

.sections XV.B.3.a.(i} and XV.B.3.b. 

KV.B.3.d. 

Page 204 

The owner or operator made an investment to install the 

technology. For the purpose ofthis determination, an 

expenses to research the application ofa pollution pT; 

e emissions unit or to retool the unit to apply a p 

te nique. 

XY.B.3.a. (i) The owner or operator has demonstrated that the emissions unit's control 

technology is comparable to BACT or LAER according to the 

requirements ofsection KV.B.4. However, the emissions unit is not eli 

for the Clean Unit designation ifits emissions are not reduced belo 

level ofa standard. uncontrolled emissions unit ofthe same type 

the BACTor LAER determinations to which it is compared ha 

in a determiTUltion that no control measures are required}. 

XY.B.3.b. 

ble 

the 

.g., if 

resulted 

ntrol 

. vestment includes 

ention technique to 

lution prevention 

.The divisi must determine that the all able emissionsfrom the 

emissions un' will not cause or contri te to a violation ofany national 

. ambient air ity standard or PSD ncrement, or adversely impact an 

air quality relate value (such as ibility) that has been identifiedfor a 

Federal Class Jar by a Feder Land Manager andfor which 

information is avail e to the eneralpublic. 

XY.B.3.c. Date ofinstallation 

An emissions unit ma~ as a Clean Unit even ifthe control 

technology, on whic. the Clea it designation is based, was installed 

before the effectiv 'date ofplan ,., uirements to implement the 

requirements oiJ is section XY.B. . . However, for such emissions units, 

the owner or ator must apply for e Clean Unit designation within 

two years er the plan requirements orne ejJective. For technologies 

installed er the plan requirements bee e effective, the owner or 

uali 

operat must applyfor the Clean Unit desl tion at the time the control 

tech logy is installed. 

The emissions unit must obtain a newpermit (pursua to requirements in 

sections KV.B. 7. and XY.B.8.) stating that the emissions nit's control 

technology is achieving a level ofemission control compa ble to current-· 

day BACTor LAER, and the emissions unit must meet the r uirements in 

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according to either section XY.B.4.a. orXY.B.4.b. Section xv.B.4.c. specifies the 

timefor making this comparison. 

Comparison toprevious BACTandLAER determinations 

The U.S. EPA maintains an on-line data base ofprevious deter 

ofRACT, BACT. and LAER in the RACTIBACTa.AER Clean 

(RBLC). 

The emissions unit's control technology is presumed to comparable to 

LAER ifit achieves an emission limitation that is at Ie. t as stringent as 

one ofthefive best-performing similar sources 1', which a LAER 

de rmination has been made within the precedin 'live yean, andfor 

whi information has been entered into the RB. C. 

xv.B.4.a.(ii)	 The em' 'ons unit:r control technology isR 'eSUmed to be comparable to 

BACT ifit hieves an emission limitatio lhat is equal to or better than 

the average the emission limitations chieved by all similar sourcesfor 

which a BAC LAER determinatio has been made within the 

precedingjivey 'S and entered i the RBLC. andfor which it is 

tecJmicallyfeasibl 0 apply the ~CTor LAER control technology to the 

emissions unit. 

I', or operator may demonstrate t the emissions unu's control 

XY.B. 4.a.(iii) 

XY.B.4.b. 

techn ogy is substantially as effective as BA. or LAER. In addition, any 

otl{ person maypresent evidence related to w ther the control 

te. nology is substantially as effective as BACT ·LAER during the 

blic participation process required under section .B.7. The division 

shall consider such evidence on a case-by-case basis d determine 

whether the emissions unit's airpollution control techn ogy is 

substantially as effective as BACTor LAER. 

Time ofcomparison. 

Emissions units with control technologies that are installed befor 

effective date ofplan requirements implementing this section. 

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xv.BA.c.(ii) 

The owner or operator ofan emissions unit whose control technology is 

installed before the effective date ofplan requirements implementing this 

section xv. may. at its option, either demonstrate that the emission 

limitation achieved by the emissions unit's control technology is 

comparable to the BACT or LAER requirements that applied to s' 

sources at the time the control technology was installed, or deni Irate 

that the emission limitation achieved by the emissions unit's c trol 

technology is comparable to current-day BACTor LAER irements. 

The expiration date ofthe Clean Unit designation will d nd on which 

option the owner or operator uses, as specified in secti xv'B.6. 

issions units with control technologies that are i talled after the 

tive date ofplan requirements implementing is paragraph. 

The 0 er or operator must demonstrate that e emission limitation 

achieve the emissions unit's control tee . ology is comparable to 

CUTTent-d 'ACT pr LAER requiremen or simi/ar sources. 

The e.ffective date ofan emissl 

nstrates that th ission limitation achieved by the 

XV.B.S. Effective date ofthe Clea 

xv.B.6. Clean Unit expiratipn. 

emissions unit's control t n%gy is compara to the BACTor LAER 

requirementsfor simi/a 'Sources that applied at t time the control technology was 

installed, then the Cl n Unit designation expires t arsfrom the date that the 

control technology installed. For all other emissi units. the aeon Unit 

designation expi" 'S ten yearsfrom the effective date oft aean Unit designation. as 

determined ac rding to section ;cv.B.5. /n addition. for a emissions units. the 

Clean Unit ignation expires any time the owner or opera fails to comply with 

ihepruvis' for maintaining the Clean Unit designation in s tion xv'B.9. 

xv.B.7. Proce resfor designating emissions units as Clean Units. 

, diVision shall designate an emissions unit a Clean Unit only by is :ng a permit 

. accordance with Part B or Part C ofthis regulation. including requir ,ents for 

public notice ofthe proposed Clean Unit designation and opportunityfor blic 

comment (as setforth· in section IV. ofthis Part). Such permit must also mee 

requirements in section xv.B.8. 

ReqUiredpermit content. 

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XY.B. 8.b.

The permit required by section XY.B. 7. shall include the terms and conditions set 

forth in sections %V.B.8.a.through XY.B.8.f. Such tenns and conditions shall be 

incorporated into the major stationary source's title Vpennit in accordance with 

Part Cofthis regulation, but no later than when the title Vpermit is renewed. 

A statement indicating that the emissions unit qualifies as a Clean U it and 

identifying thepol/ulant(s)for which this designation applies. 

e effective date ofthe Clean Unit designation. 

this date is not known when the division issues thep. it (e.g., because 

air pollution control technology is not yet in se ce), then the permit 

m describe the event that will determine the efh live date (e.g., the date 

the c trol technology is placed into service). ce the effective date is 

known, en the owner or operator must noti the division ofthe exact 

date. Th' ecific effective date must be ad. ed to the source s title V 

permit at th nt opportunity, such as a 'odification, reopening, or 

renewal ofth 'tle Vpermitfor any re on, whichever comesfirst, but in 

no case later t the next renewal. 

XJl.B.8.c. The expiration date of 

Ifthis date is not kno h the division issues the pennit (e.g., because 

the air pollution control t ology is not yet in service), then the permit 

must describe the event '11 determine the expiration date (e.g., the 

date the control techn ogy is laced into service). Once the expiration 

date is brown, then e owner 0 operator must notify the division ofthe 

exact date. The ration date m t be added to the source's title V 

permit at thefir. opportzmity, such a modification, reopening, or 

renewal ofth 'tle Vpermitfor any ,., on, whichever comes first, but in 

no CilSe lat than the next renewal. 

XV.B. 8.d. All emissio imitations and workpractice requ' ements adopted in 

conjuncti with emission /imitations necessary t assure that the control 

technol continues to achieve an emission limitat n comparable to BACT 

'R, and any physical or operational charaete' 'cs thatformed the 

for determining that the emissions unit's control t hnology achieves a 

I ofemissions control comparable to BACTor LAER .g., the emissions 

unit's capacity or throughput). 

Monitoring, recordkeeping, and reporting requirements as nee ary to 

demonstrate that the emissions unit continues to meet the criteria r 

maintaining its Clean Unit designation. (See section XY.B.9.) 

Terms reflecting the owner or operator's duties 10 maintain the Clean it 

designation and the consequences offailing to do so, as set forth in sectio 

XY.B.9. 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5
 
enforceable as a practical matter. 

.B.l l. Effect ofredesignatioll on the Clean Unit designation. 

Page 208 

Maintaining Clean Unit designation. 

To maintain Clean Unit designation, the owner or operator must conform to all t 

restrictions listed in sections XY.B.9.a.through XJ1.B.9.e. This section XJ1.B.9. a lies 

independently to each pollutantfor which the division has designated the em' ions 

nit a Clean Unit. That is, failing to conform to the restrictionsfor one poll ant 

a ts the Clean Unit designation onlyfor that pollutant. 

XY.B.9.a. The Clean' Unit must comply with the emission limitation(s) a or work 

aetice requirements adopted to ensure that the control te nology continues 

to hieve emissr'on control comparable to BACT or LAE. . 

XY.B.9.b.	 The er or operator may not malce a physical chan 'e in or change in the 

method operation ofthe Clean Unit that causes t emissions unit to 

function in manner that is inconsistent with the l)'Sical or opUational 

characterist thatformed the basisfor the del, ination that the control 

technology is a ieving a level ofemission c Iro/ that is comparable to 

xv.B.tO. Offsets and Netting at Cl 

XY.B.9.c. 

xv'B.9.d. 

%V.B.9.e. 

BACTor LAER ., the emissions unit's rpacity or throughput). 

terms and conditions in the title V 

nit designation. 

lfthe emissions unit or 

designation ends. 

Emissions changes th' occur at a Clean Unit must t be included in calculating a 

Significant net em' ons increase (that is, must not be ed in a "netting analysis.~J,

or be usedfor K' ating offsets unless such use occurs ore the effective date of 

plan requirem s adopted to impiement this section xv.B. r after the Clean Unit 

,designation ires; or,unless the emissions unit reduces em sions below the level 

ihat. qualifi. the unit as a Clean Unit. However, ifthe Clean it reduces emissions 

below th evel that qualified the unit as a Clean Unit, then the er or operator 

may g, erate a creditfor the difference between the level that qua . Jed the unit as a 

Cl Unit and the emissions unit's new emission limitation ifsuch uctions are 

su Ius, quantifiable, andpermanent. For purposes ofgenerating offse • the 

ductions must also befederally enforceable. For purposes ofdetermim 

creditable net emissions increases and decreases, the reductions must also e 

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The Clean Unit designation ofan emissions unit is not affected by redesignation of 

the attainment status ofthe area in which it is located. That is. ifa Clean Unit 

located in an attainment area and the area is redesignated to nonattainment. its 

Clean Unit designation is not affected. Similarly, redesignation from nonattain ent 

to attainment does not affect the Clean Unit designation. However, ifa Clea nit 's 

esignation expires or is lost pursuant to sections xy',A.2.c. and XY.B.2.c.•. 

lify under the requirements that are currently applicable. 

XVI	 PCP lusion procedural requirements. 

XVI.A.	 Before an wner or operator begins actual construction ofa PC 

operator m t submit an Air Pollutant Emission Notice and a it application. If 

the project is t listed in sections 0.A.35.a. through 11,A.35 ., the owner or operator 

must obtain app al to use the PCP exclusionfrom the d' . ion consistent with the 

requirements in s 'on XVI.E. The project must meet t requirements in section 

XVI.B., and the . application must contain the in rmation required in section 

XVI. C ofthis Part. 

XVI.B.	 Anyproject that relies on PCP exclusion m meet the requirements in sections 

XVI.B.1. and XVLB.2. 

XVI.B.l. Environmentally beneficial anal 

The environmental benefitfrom the sion reductions ofpollutants regulated under 

the Act must outweigh the environm 1detriment ofemissions increases in 

pollutants regulated under the Ac A sta ment that a technology from sections 

. 9.A.35.a. through ll.A.35f. is b. zng used s // be presumed to satisfy this 

requirement. 

XVI.B.2. Air quality analysis. 

The emissions inere from the project will not e or contribute to a violation of 

any national ambi t air quality standard or PSD in~ ent, or adversely impact an 

air quality relate value (such as visibility) that has bee . entifiedfor a Federal 

Class I area b)J II Federal Land Manager andfor which in rmation is available to 

the general bUe. 

XVI.C.	 Content permit application. 

1n th permit application sent to the division, the owner or operator 

mi lmum. the information listed in sections XVI. C. l. through XVI.C.5.• 

XVI.C.l. :4 description ofthe project. 

XVI.	 .. The potential emissions increases and decreases ofany pol/utant regulated un 

Act and the projected emissions increases and decreases using the methodology . 

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hat will not 

~n

Page 210 

sections LAA. through LB.4., that will resultfrom the project, and a copy ofthe 

environmentally beneficial analysis required by section XVI.B.l. 

A description ofmonitoring and recordkeeping, and all other methods, to be us 

an ongoing basis to demonstrate that the project is environmentally benefiCia 

ethods should be sufficient to meet the requirements in the Code ofFeder, 

lations Title 40, Part 70. 

XVI.C.4.	 A ce . cation that the project will be designed and operated in a rna 

consist t with proper industry and engineering practices, in a ma that is 

consiste with the environmentally beneficial analysis and air q lity analysis 

required bj ections XVI.B.l. andXVLB.2., with information mitted in the permit 

application, a in such a way as to minimize, within the p~ ical configuration and 

operational sta rds usually associated with the emissio control device or 

strategy, emissio ofcollateralpollutants. 

XVI.C.S.	 Demonstration that t PCP will not have· an advers air quality impact (e.g., 

modeling, screening l modeling results, or a st tement that.the collateral 

emissions increase is incl 'ed within the param ers used in the most recent 

modeling exercise) as requi d by section .2. An air quality impact analysis is 

not requiredfor anypollutant erience a Significant emissions 

increase as a result ofthe proje 

XVI.D.	 Permit processfor listedprojects. 

Before an owner or operator may ctual construction ofa pollution control 

project that is listed in sections .A.35.a. rough ll.A.38f. ofthis Part, the project 

must be approved by the div' nand reco,., in a construction permit (in 

accordance with the requir ents ofPart B 0 his regulation) or a Title Y permit (in 

accordance with the req ements ofPart C oft . regulation). . 

XVI.E.
 

Before an owner r operator may begin actual constru . n ofa pollution control 

project that is t listed in sections ll.A.35.a. through ll.A. 5..[. ofthis Part, the 

project must approved by the division and recorded in a nstruction permit (in 

accordanc. with the requirements ofPart B ofthis regulation)· r a title Vpermit (in 

accorda ce with the requirements ofPart C ofthis regulation). e division will 

prov the public with notice ofthe proposed approval. with ace to the 

en . nmentally benefiCial analysis and the air quality analysis, an rovide at least 

a iny-day periodfor the public and the Administrator to submit com nts. The 

ivision will address all material comments received by the end ofthe co ment 

period before takingfinal action on the permit. 

Operational requirements. 

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Upon installation ofthe PCP. the owner or operator must comply with the 

requirements of~ections XVI.F.!. through XVI.F.3., below. 

General duty. 

e owner or operator must operate the PCP in a manner consistent with A 

i ustry and engineering practices. in a manner that is consistent with th 

en\! onmentally beneficial analysis and air quality analysis required b 'Sections 

XVI. . . and XVI.B.2.• with information submitted in the notice or pe. it application 

require by section XVI. c.. and in such a way as to minimize. with' the physical 

configura . n and operational standards usually associated with e emissions 

control deVl or strategy. emissions ofcollateralpollutants. 

XVI.F.2. 

The owner or opera r must maintain copies on site of. e environmentally beneficial 

analysis. the air quail impacts analysis. and monit 'ng and other emission records 

for a minimum offiV(! y rs to prove that the PCP' operated consistent with the 

general duty requirements' section XVI.F.!.• a ove. 

The requirement that sources ingpollu/io controlprojects maintain copies ofthe 

environmentally beneficial anal is, the a' quality impacts analysis. and monitoring 

and other emission records for a 'nim offive years as set out in this subsection 

XVI.F.2. shall not befederally enfCT ble and shall not be incorporated into the 

state implementation plan. 

XVI.F.3. Pennit requirements. 

The owner or operator mus comply with any o\!isions in any pennit issued under 

this regulation related to e and approval ofth 

XVI.F.4. reduction credits. 

Emission reducti created by a PCP shall not be incl ed in calculating a 

significant net issions increase, or be usedfor generati offsets, unless the 

emis.sions un' 'further reduces emissions after qualifyingfor e PCP exclusion (e.g.• 

taking an 0 'erational restriction on the hours ofoperation). owner or operator 

may gen ate a creditfor the difference between the level ofred tion that was used 

to qua . for the PCP exclusion and the new emission /imitation i ch reductions 

are rplus. quantifiable. andpermanent. For purposes ofgeneratin offsets. the 

r: ctions must also befederally enforceable. For purposes ofdetenn ing 

editable net emissions increases and decreq.ses, the reductions must a be 

enforceable as a practical matter. 

Actuals PALs. 

Applicability. 

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.A.I. At the request ofan owner or operator, the division may approve the use ofan 

\ 

actuals PAL in a title Vpermitfor any existing major stationary source that has 

operptedfor at least two years ifthe PAL meets the requirements in sections XVIL 

through XVIl.L. The term "PAL " shall mean "actuals PAL" throughout sectio 

ofthis Part. 

xvn.A.2.	 A phy$ical change in or change in the method ofoperation ofa major 'ationary 

sou e that maintains its total source-wide emissions below the PAL I I, meets the 

requ ents in sections XVlI.A. through XVIIL., and complies with e PAL permit: 

XVII.A.2.a. t a. major modification for the PAL pollutant; 

XVII.A. 2.b. Is not bject to the major NSR reviewprocedures in 

ofthis P, .. and 

limitations, and workpractice,., iremen 

effective date ofthe PAL. 

xvn.B. 

XV/IA. 2.c.	 Is not subjec to the provisions in section J1.A.5. . ofthis Part (restrictions on 

relaxing enfor able emission limitations tha he major stationary source 

used to avoid aF. icability ofthe major NS program). 

XVII.A.3. Except as provided under s tion XJlILA.2.c. a ve, a major stationary source shall 

continue to comply with all a licable Fedtm 7or State requirements, emission 

that were establishedprior to the 

As part ofa permit application Ii questin PAL, the owner or operator ofa major 

stationary source shall submit efollowing . (ormation to the division for approval 

(in addition to the informati n required by Pa C ofthis Regulation): 

xvn.B.l. A list ofall emissions u ts at the source designa'ted as small (as defined in section 

//.A.47. ofthis Part), 'Pijicant (as defined in secti Il:A..46. ofthis Part), and 

major (as defined i "Section H.A.22. ofthis Part) bas on theirpotential to emit, and 

identifying each such. In addition, the owner or Ope7i or ofthe source shall 

indicate which, fJany, Federal or State applicable requi,., ents, emission limitations 

or workpra ces apply to each unit. 

XVII.B.2.	 Calculat' ns ofthe baseline actual emissit?nsfor each emissio nit listed in section 

XVIJ.B . above (with supporting documentation). Baseline actua fl!"issions are to 

incl e emissions associated not only with operation ofthe unit, butYllso emissions 

as iated with startup, shutdown and malfunction. \ 

The calculation procedures that the major stationary source owner or o~~tor proposes to use to convert the monitoring data to monthly emissions and an al 

emissions based on a twelve-month rolling totalfor each month as reqUired 

section XVIlM.J. 

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General requirementsfor establishing PALs. 

C.I.	 A PAL may be established at a major stationary source, provided that, at a minim m, 

the requirements in sections XIILD.3.a. through XVILD.3.g. below are met. 

The PAL shall impose an annual emission limitation in tons per yea ,that is 

enforceable as a practical matter, for the entire major stationary ceo For 

each month during the PAL ejJective period after thefirst IWelv. months of 

establishing a PAL, the miljor stationary source owner or op ator shall 

monstrate that the sum ofthe monthly emissionsofthe P. pollutantfrom 

ea emissions unit under the PAL for the previous twelv consecutive months 

is l than the PAL (a rol/ing twelve-month total). For ach month during the 

first e en monthsfrom the PAL effective date, the rjor stationary source 

owner 0 tperator shall demonstrate that the sum the preceding monthly 

emissions the PAL pollutantfor each emissio unit under the PAL is less 

than the P 

XVo. C.l. b.	 The PAL shall tablished in a PALP it section ofan operatingpermit 

issuedpursuant to art C ofthis regula!' n that meets the public participation 

requirements in secN XYllD. 

XYlIC.l.c. 

XYlIC.J.d. missions, to the extent quantifuzble, from all 

the potential to emit the PAL pollutant at the 

XVII. C. J. e. 

XVII. C. J.f. Each PAL shall h e a PAL effective pe . d often years. 

XYlIC.J.g. The owner or tpeTator ofthe major stationa source with a PAL shall 

comply wit~4he monitoring, recordJceeping, a reporting requiremenJs 

provided ill sections XY1I.K. through XYliN. for ach emissions unit under 

the PAL throughout the PAL effective period. 

XVD.C.2.	 A.t no time ,rOuring or after the PAL effective period) are emu . ns reductions ofa 

PAL poll tant, which occur during the PAL effectiveperiod, ere 'table as decreases 

for pu oses ofoffsets under section V. unless the level ofthe P . reduced by the 

amo t ofsuch emissions reductions and such reductions would be editable in the 

ab 'ence ofthe PAL. 

'Public participation requirementfor PALs. 

PALs for existing major stationary sources shall be established. renewed, or 

increased in accordance with the Significant modification provisions setforth in 

section I.A. 7. ofPart C ofthis regulation. The division shallprovide the public wit 

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notice ofthe proposed approval ofa PAL permit and a thirty-day periodfor submittal 

ofpublic comment. 

Setting the ten-year actuals PAL level. 

e actuals PAL levelfor a major stationary source shall be established as e sum of 

tn baseline actual emissions (as defined in section 0..4..4. ofthis Part D) ifthe PAL 

pol antfor each emissions unit at the source, plus an amount equal tq he 

appli Ie significant levelfor the PAL pollutant under section II..4..4. . ofthis Part,· 

or una he Federal Act, whichever is lower. 

XVII.E.2.	 When estab . hing the actuals PAL levelfora PALpoliutant, 0 one consecutive 

twenty-four m th period may be used to determine the base e actual emissionsfor 

all existing emis 'ons units. However, a different consecuti e twenty-four month 

period may be us or each different PAL pollutant. 

XVII.E.3. Emissions associated "th units that were permanen shutdown after this twentylevel. 

XVll.E.4.	 For newly constructed units which do not incl 'de modifications to existing units) on 

which actual construction beg, after the four month period, in lieu ofadding 

the baseline actual emissions as ecified' section XVIl.E.J., above, the emissions 

must be added to the PAL level in am nt equal to the potential to emit ofthe 

units. 

XVll.E.5.	 The division shall specify a reduc P evel(s) (in tons/yr) in the PAL permit to 

become ejJective on thefttwe c rpliance te(s) ofany applicable Federal or State 

regulatory requirement(s) tha the division" ware ofprior to issuance ofthe PAL 

permit. For instance, ifthe urce owner or 0 ator will be required to reduce 

emissions from industrial oilers in halffrom line emissions of60 ppm NOrto a 

new rule limii of30pp , then the permit shall co in a future effective PAL level 

that is equal to the . ent PAI level reduced by ha the original baseline 

emissions ofsuch it(s). 

XVD.F. 

it shall contain, at a minimum, the information I 

.F.lO. 

xvn.F.1.	 The pollutant and the applicable source-wide emission limitati 

ye . 

XVII.f.2~ePALPermit effective date and the expi~ation date ofthe PAL (pAL 

.' period). 

Specification in the PAL permit that ifa major stationary source owner or ope'" r 

applies to renew a PAL in accordance with section XVIII. before the end ofthe P 

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aer section XVII.N. by the required 

eems necessary to implement and enforce 

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/

" effective period, then the PAL shall not expire at the end ofthe PAL effective period. 

It shall remain in effect until a revised PAL permit is issued by the division. 

A requirement that emission calculationsfor compliance determination purpos 

include emissionsfrom startups, shutdowns and malfunctions. 

XVII.F.5.	 equirement that, once the PAL expires. the major stationary source is 

the quirements ofsection XVILH. 

\ 

XVll.F.6. The ca lation procedures that the major stationary source owner r operator shall 

use to co ert the monitoring data to monthly emissions and ann I emissions based 

on a twelve- onth rolling totalfor each month as reqUired by ction XVII.M.J. 

xvn.F.7.	 A requirement t t the major stationary source owner or 0 erator monitor all 

emissions units in ccordance with the provisions under "ection }(vll.K. 

XVII.F.8.	 A reqUirement to reta the records required under s ction XVlI.M. on site. Such 

records may be retain 'n an electronicformat. 

xvn.F.9.	 A requirement to submit the 

deadlines. 

xvn.F.lO.Any other requirements that the 

the PAL. 

XVII.G.	 Reopening ofthe PAL permit. 

XVII.G.t.	 During the PAL effective peri 

XVI1G.2. The d' 'sion has discretion to reopen the PAL permit to: 

XVlI.G.2.	 Reduce the PAL to reflect newly applicable Federal requiremen (for 

example. NSPSj with compliance dates after the PAL effective dat 

XJI: .G.2.b.	 Reduce the PAL consistent with any other requirement. that is en/orc 

a practical matter. and that the division may impose on the major statio 

source. 

XVIIG.J.a. 

XVII.G.J.b. 

XYlIG.J.c. 

Correct typograph' allcalculation erro made in setting the PAL or reflect a 

more accurate d ermination ofemissions ed to establish the PAL. 

Reduce the 1'. ifthe owner or operator oft~.~jorstationary source 

creates crt¢itable emissions reductionsfor use offsets under section V.A.3. 

ofthis prlrt /).\\ \. 

R . the PAL to reflect an increase in the PAL asp~videdunder section 

J	 \ 

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hie as 

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XYIIG.2.c.	 Reduce the PAL ifthe division determines that a reduction is necessary to 

avoid causing or contributing to a NAAQS or PSD increment violation, or t 

an adverse impact on an air quality related value that has been identified r 

a Federal Class I area bya Federal LandManager andfor which info ation 

is available to the general public, 

ceptfor the permitreopening in section xvn.G.1.a. for the correction fJ 

aphical/calculation errors that do not increase the PAL level, al 

reop ings shall be carried OIlt in accordance with the publicpartici 

requzr, ents ofsection XVlI.D. 

ther 

ion 

xvn.H. 

Any PAL that is ot renewed in accordance with the proce res in section XY1I.l 

shall expire at the d ofthe PAL effectiveperiod, and t requirement3 in sections 

XVll.Hl. through 'I.H.5. shallapp/y. 

xvn.H.1.	 Each emissions unit (or ach group ofemissions u 13).that existed underthe PAL 

shall comply with an allo ble emission limitati n under a revisedpermit established 

according to the procedures 'n sections XVII. .1. through XVD.H.5. o/this Part. 

XVIIH.1.a. 

XVIIH.1.b. The division s 1/ determine whether and ho the PAL allowable emissions 

ed and issue a revisedpermit· orporating allowable limits 

for each issions unit, or each group 0/emissio units, as the division 

determ' es is appropriate. 

/

xvn.H.2.	 Each emis~ons unites) shall comply with the allowable emissi limitation on a 

twelve-minth rolling total basis. The division may approve the ofmonitoring 

syste"]i'(source testing, emission/actors, etc.} other-than CEMS, 'RMS, PEMS or 

Cp}.fS to demonstrate compliance with the allowable emission limit ·on. 

/

xvn.H.3.J!ntil the division issues the revisedpermit incorporating allowable limi or each 

I	 emissions unit, or each group ofemissions units, as required under section 

XVIIH.J.a., the source shall continue to comply with a source-Wide, multi-u 

emissions cap equivalent to the level ofthe PAL emission limitation. 

/ 

/ 

. 

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The sum ofthe potential to emit ofall emissions units under th 

supponing documentation}. 

Any other information the owner or operator wishes the division to c 

in determining the appropriate leveljor renewing the PAL. 

e 2004 Weil Publishing for the State ofColorado 27 CR 6, 6-04 Page 217 

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lIRA. Any physical change or change in the method ofoperation at the major stationary 

source will be subject to the major NSR requirements ifsuch change meets the 

definition ofmajor modification in section IlA.23. ofthis Part D. 

The major stationary source owner or operator shall continue to comply with ny 

ate or Federal applicable requirements that may have applied either du . 'g the 

P effectiveperiod orprior to thePAL effectiveperiod exceptfor those mission 

limi tions that had been establishedpursuant to sections V...4. 7.b. and .B.4. ofthis 

Part. t were eliminated by the PAL in accordance with the provisi in section 

XVIlA. .. 

XVII.!. 

XVll.I.l.	 The division SM allow the procedures specified in sectio XVII.D. in approving any 

request to renew a 'AL for a major stationary source, a shall provide both the 

proposed PAI. level d a written rationalefor the pro osedPAI. level to the public 

for revi~andcomm During such public review. any person maypropose a PAI. 

levelfor the sourcefor c 

XVTI.I.2.	 Application deadline. 

ideration by the divisi • 

A major stationary source owne or opera r shall submit a timely application to the 

divison to request renewal ofa P . A . ely application is one that is submitted at 

least twelve months prior to, but no rlier than eighteen monthsfrom. the date of 

PAI. permit expiration. This deadli r appliciltion submittal is to ensure that the 

permit will not expire before the it renewed. Ifthe owner or operator ofa 

major stationary source submit a comple application, including any additional 

information requested by the Ivision, to ren the PAL within this time period, then 

the PAI. shall continue to effective until the . edpermit with the renewed PAI. 

XVTI.I.3. 

XVII.I.3.a. The nformation reqUired in sections xvn.B.l. throug

XVIlL3.b. 

The application t renew a PAI. permit shall contain th 

sections XVIll .a. through XVIIJ.3.d., below. 

is issued. 

PAL adjustment. 

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XVIIJ.l.a. 

Page 218 

In determining whether and how to adjust the PAL, the division shall consider the 

options outlined in sections XVII.14.a. and XVIl14.b. However, in no case may any 

such adjustmentfail to comply with section XVILI.4.c. 

Ifthe emissions level calculated in accordance with section XVII.E. is ual to 

or greater than eighty percent ofthe PAL level, the division may ren the 

PAL at the same level without considering thefactors setforth in s. ction 

XVII.14.b.; or 

XVIl14.b. e division may set the PAL at a level that it determines to more 

re 'eSentative ofthe source's baseline actual emissions, that it determines 

to b 'Ppropriate conSidering air quality needs, advanc in control 

techno gy, anticipated economic growth in the area, esire to reward or 

. encoura the sOlUce's voluntary emissions reduc . TIS, or otherfactors as . 

speCifical identified by the dvision in its prelimi ry analysis or technical 

review docu en!. 

XVIII.4.c. 

XVlI.I.4.c.(i) Ifthe potential t mit ofthe major ationary source is less than the PAL, 

the division shall a 'ust the PAL a level no greater than the potential to 

·emit ofthe source; a 

XVlI.I.4.c.(ii)	 The division shall not aR'" a renewed PAL level higher than the . 

current PAL, unless the . r stationary source has complied with the 

provisions ofsection 1.J.· creasing a PAL). 

xvn.I.5.	 lfthe compliance datefora St te or Federa equirement that applies to the PAL 

source occurs during the P effectiveperlo, nd ifthe division has not already 

adjustedfor such requiTi ent, the PAL shall be djusted at the time ofPAL per,mit 

renewal or title Y perm' renewal, whichever oc first. 

xvn.J.	 Increasing a PAL d ring the PAL effective period. 

xvn.J.l.	 increase a PAL emission limitation only' the major stationary 

with the provisions in sections XVlI.J.l.a, ough XVII.J.l.d. below. 

r? owner or operator ofthe major stationary source s II submit a complete 

rpplication to request an increase in the PAL limitfor a major 

modification. Such application shall identify the emissions 't(s) contributing 

to the increase in emissions so as to cause the major stationa ource's 

emissions to equal or exceed its PAL. 

As pan ofthis application, the major stationary source owner or op tor 

shall demonstrate that the sum ofthe baseline actual emissions ofthe s 

emissions units, plus the sum ofthe baseline actual emissions ofthe 

significant and major emissions units assuming application o/BACT 

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All Ri ts Reserved 

equivalent controls. plus the sum ofthe al10wable emissions ofthe new or 

modified emissions unit(s) exceeds the PAL. The level ofcontrol that would 

resultfrom BACTequivalent controls on each significant or major emissi 

unit shal1 be determined by conducting a new BACTanalysis at the tim the 

application is submitted. unless the emissions unit is currently requin to 

comply with a BACTor LAER requirement that was established wi in the 

preceding ten years. In such a case, the assumed control levelfOt; hat 

emissions unit shall be equal to the level ofBACTor LAER wit which that 

missions unit must currently comply. 

xvn.J.l.c.	 Th owner or operator obtains a major NSR permitfor emissions unit(s) 

ident ed in section XV11.J.l.a., regardless ofthe ma tude ofthe emissions 

increas resultingfrom them (that is, no significant els apply). These 

emissio nit(s) shal1 comply with any emissions equirements resultingjrom 

the major 'R process (for example, BACTor 'R), even though they have 

also become hjed to the PAL or continue to e subject to the PAL. 

XVfl.J.l.d.	 The PAL permit s 11 require that the inCTi ed PAL level shal1 be effective 

on the day any em' 'ons unit that is pa ofthe PAL major modification 

becomes operational d begins to e t the PAL pollutant. 

XVllJ.2.	 11re division shall calculate the n PAL s the sum ofthe al10wable emissionsfor 

each modified or new emissions un p the sum ofthe baseline actual emissions of 

the significant and major emissions its (assuming application ofBACTeqUivalent 

controls as determined in accorda e "th section XVII.J.l.b.), plus the sum ofthe 

Regulation No.3 

Revision 4/16/2004 

XV/LK.l.a.	 Each P. permit shall contain enforceable requir entsfor the monitoring 

syste that accurately determines plantwide emissio 

te s ofmass per unit oftime. Any monitoring system thorizedfor use in 

t e PAL permit must be based on sound science and me enerally 

acceptable scientificproceduresfor data quality and manip lation. 

Additionally, the information generated by such system must et minimum 

legal requirementsfor admissibility in a judicial proceeding to oree the 

PAL permit. . 

The PAL monitoring system must employ one or more ofthefour gen al 

monitoring approaches meeting the minimum requirements setforth in 

sections XVll.K.2.a. through XVILK.2.d. and must he approved by the 

division. 

baseline actual emissions ofthe all em' sions units. 

XVTI.J.3. 11re PAL permit shall be,., . -ed to reflect th 'ncreased PAL levelpursuant to the 

public notice requirements 'ifsection XVII.D. this Part. 

XVTI.K. 

XVTI.K..l. General Requirem 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-5
 
xvn.K..3. Mass Balance Calculations. 

(as defined in sections LB.!j and LB.36, respectively, of 

lance calculationsfor activities using cootin 

Failure to we a monitoring system that meets the requirements ofthis. 

renders the PAL invalid. 

Notwithstanding section XYll.K.!.b., you may also employ an alternative 

monitoring approach that meets the requirements ofsectionXVII.K.!.a. if 

approved by the division. 

um Peiformance Requirementsfor Approved Monitoring Appro 

wing are acceptable general monitoring approaches wh 

with the minimum requirements in sections XVI1K3 

An owner or operator using mass la e calculations to monitor PAI. pollutant 

emissionsfrom activities using coa' or solvents shall meet thefollowing 

Page 220 

The fo 

accordan 

XVII.K.2.a. 

XVII.K.2.b. 

XJI11K.2.c. 

XJlII.K.2.d. 

reqUirements: 

XVll.K.3.a. Provide a demonstrate means ofv. idating the published content ofthe PAL 

pollutant that is cont ned in or creat by all materials used in or at the 

emissions unit; 

XV/IK.3.b. Assume that th emissions unit emits all of e PAL pollutant that is contained 

in or create any raw material orfuel use 'n or at the emissions unit, ifit 

cannot oth . e be accountedfor in the proc . and 

XV/IK.3.c. Where e vendor ofa material orfuel. which is us in or at the emissions 

unit, blishes a range ofpollutant contentfrom such aterial. the owner or 

oF- rator must use the highest value ofthe range to cal ate the PAL 

ol/utant emissions unless the division determines'there' ;te-specific data or 

a site-specific monitoringprogram to support another cont within the 

range. 

An owner or operator using CEMS to monitor PAL pollutant emissions shall 

following requirements: 

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he division determines that 

(:) 2004 Weil Publishing for the State ofColorado 27 CR6, 6-04 Page 221 

All Ri ts Reserved 

CEMS must comply with applicable Performance Specificationsfo~nd in the 

Ox/e ofFederal Regulations Title 40, part 60, appendix B, and Part 75; an 

CEMS must sample, analyze and record data at least everyfifteen minu 

while the emissions unit is operating. 

XVllX.S. 

An 0 er or operator using CPMS or PEMS to monitor PAL po/luta 

shall m t thefollowing requirements: 

XVII.K.5.a.	 The 'PMS or the PEMS must be baaed on current site oS: ecific data 

demo ating a correlation between the monitoredp. ameter(s) and the PAL 

pollutan missions across the range ofoperation 0 the emissions unit; and 

XVll.K.5.b. Each CPU r PEMS must sample, analyze, a record data at least every 

fifteen minutes, or at another lessfrequent in rval approved by the division, 

while the emissi unit is operating. 

XVD.K.6. Emissionfactors. 

An owner or operaior using em ion facta 'S to monitor PAL pollutant emissions 

XVIIK.6.a.

shall meet thefollowing requirem ts:

All emissionfactors shall be 

degree ~funcertainty or Ii tati

'usted, ijappropriate. to accountfor the 

. in thefactors' development; 

XVII.K. 6. b.	 'n the designated range ofuse for the 

XVILK..6.c.	 lftechnically p'"' icable, the owner or op ator ofa significant emissions 

unit that relies. n an emissionfactor to cal ate PAL pollutant emissions 

shall condu validation testing to determine a ite-specific emission factor 

within six onths ofPAL permit issuance, unles. 

testing' not required. 

XVll.K.7. A source 0 er or operator must record and report maximum 

without c nsidering enforceable emission limitations or operati al restrictionsfor 

an em ions unit during anyperiod oftime that there is no monit "ng data, unless 

anot methodfor determining emissions during suc,.h periods is sp ified in the PAL 

it. 

otwithstanding the requirements in sections XVlI.K.3. through XVII.K. 7., where an 

owner or operator ofan emissions unit cannot demonstrate a correlation be een the 

monitoredparameter(s) and the PAL pollutant emissions rate at all operating oints 

ofthe emissions unit. the division shall, at the time ofpermit issuance: 

Regulation No.3 Part D, Page 224 

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CODE OF COLORADO REGULATIONS	 5CCR 1001-5
 
ired by the 

.N.I.a. 

r 

The identification ofowner and operator and the permit number. 

Total annual emissions (tons/year) based on a twelve-month rolling total 

each month in the reporting period recorded pursuant to section XVII.K. JO. 

The s i-annual report shall be submitted to the division within thi 

of ch reporting period. This report shall contain the information re 

o e Vpermit. section V.C.7.a. ofPart C ofthis regulation, and sections 

hrough XVIlN.J.g., below. 

Page"222 

Establish default valuers) for determining compliance with the PAL based on 

the highest potential emissions reasonably estimated at such operating 

point(s); or 

Determine that operation ofthe emissions unit during operating condo ons 

when there is no correlation between monitoredparameter(s) and t PAL 

pollutant emissions is a violation ofthe PAL. 

XVll.L. 

All data d to establish the PAL pollutant must be re·validated rough 

performanc testing or other scientifically valid means appro by the division. Such 

testing must 0 at least once everyfrve years after issuan ofthe PAL. 

XVll.M. 

XVTI.M.l. The PAL permit shal ~uire an owner or operator t retain a copy ofall records 

necessary to determine mpliance with any requin ent ofsection XVII. ofthis Part 

and ofthe PAL, including determination ofeac emissions unit's twelve-month 

rolling total emissions, for yearsfrom the te ofsuch record. 

XVll.M.2. The PAL permit shall require a 

recordsfor the duration ofthe P 

XVIl.M. 2.a. A copy ofthe PAL permit ap' . tion and any applicationsfor revisions io the 

PAL,' and 

XVll.M.2.b. 

The owner or ~pera r shall submit semi-annual mon oring reports andprompt 

deviation reports the division in accordance with the quirements ofthe 

applicable title penmit and section V. C. 7. ofPart C oft· regulario". The reports 

shall meet th equirements in sections XV11.K.II.a. throuK< 1.K.II.c. below. 

XVll.N. 

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5 CCR 1001-5 CODE OF COLORADO REGULATIONS
 
the information provi in the repa 

reports ofany devialio. or 

or that was exceeded; 

Q 2004 WeB Publishing for the State of Colorado 27 CR 6,6-04 Page 223 

All Ri ts Reserved 

AII dat(/. relied upon, including, but not limited to, any Quality Assurance or 

Quality Control data, in calculating the monthly and tl1J1ItUI1 PAL pollutant 

emissions shall be made available upon request by the division•. 

A list ofany emissions units modified or added to the major stationa~ ouree 

dUring the preceding six-month period. 

The number, duration, and cause ofany deviations or monitori 

malfUnctions (other than the time associated with zero and s 

ec/cs), and any corrective action taken. 

XV11.N.l.f	 A no . cation ofa shutdown ofany monitoring system, ether the shutdown 

was p anent or temporary, the reason for the shut wn, the anticipated 

date tha e monitoring system will befully operat' nal or replaced with 

another m itoring system, whether the emissio unitlll monitored by the 

monitoring tem continued to operate,and c cu/atio~ ofemissionsfrom 

those units.as vided by section XVlI.K. 7. this Part. 

XVII.N.l.g.	 A signed statemen the responsible o§ ial (as defined in section LB.38. of 

Part A ofthis regula . 11) certifying th th, accuracy, and completeness of 

. 

xvn.N.2. Deviation report. 

owner or operator shallpromptly submit 

eedance ofthe PAL requirements, 

includingperiods w e no mo 'toring is available. A report submitted 

pursuant to sectio V.C.7.b.ofR C ofthis regulation shall satisfy this 

reporting requi ent. The deviati reports shall be submitted within the 

time limits pn cribed by section V. . .b. ofPart C The reports shall 

contain the 1/owing information: 

XVIJ.N.2.a. The identifi. 'alion ofowner and operator and t permit number; 

XVIJ.N.2.b. 

XVIJ.N.2.e. Em' 'Sions resultingfrom the deviation orthe exceeda 

XVIl.N.2.d. signed statement by the responsible official (as defined I section.LB.38. of 

Part A ofthis regulation) certifying the truth~ accuracy, and mpleteness of 

the information provided in the report. 

e-validation results 

The owner or operator shall submit to the division the results ofany reva/ida 

or method within three months after completion ofsuch test or method. 

Regulatjon No.3 Part D, Page 226

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CODE OF COLORADO REGULATIONS	 5CCR100l-5 
Page 224 

XVII.O. Ifanyprovision ofthis section, on ofsuch provision to anyperson or 

circumstance, is held . '. e remainder 0 'on, or the application ofsuch 

provisi oTIS or circumstances other than those as to;"l\l'hieIl-iJ'...Y 

a I not be affected thereby. 

Regulation No.3 Part D, Page 227 

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S CCR 1001-5 CODE OF COLORADO REGULATIONS 

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