# 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 ofTitle 25, C.R.S. History andAmendments: 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 Repealed and readopted 12/14flB, 2 CR 1.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 ofAir Pollution Control Commission Regulation NO.3 (5 CCR 1001-5) governing the issuance of air contaminant emission pennits.

*This TitlePage does not constitute an official part ofany regulation. Informationcontained onthe titlepage is providedby the Publisher from sources deemed reliable and is solelyfor 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; 18AG 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 CR4. 

### 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 ofColorado 

### 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. Anynew major stationary source ormajor 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 otherwiseprovided in sections

### XVI. andXVII of this PartD, and cOllsiste ", with thedefinition of majormodification (section lI.A.23. of this Part), aproject' a '''''''- major modification for a regulatedNSRpol/utant 

### if it causes two types of em' IOns '-itzcreases

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

P'dnj. anda significant net emissions increase (as.defined in sections 

### .27. and B.A.#.... of this Part). Theproject is not a majormodificatiolt 

### if it do not cause a**signific~emissions** increase. 

## If theproject causes a significant isalons increase. then theprOJec..t is a major modification only 

### if it also results

### jti a significant net emissions

### incr~e. 

# ,/ / 

# , // 

### I.A.3. Theprocedure for ca lating (before beginning ac.tw:zl construction) whether a significant emissions incr e (i.e.• thejirststepp/theprocess) will occur depends upon the type of emissions u . being const¢ted or modified. according to sections I.B.]. through I.BA. of this Pa. eprCjpedure 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 of theprocess) 

### is contained in the definition of NetEmissions Ine;:etise (seeti IlA.27. of this Part). Regardless of any suchpreconstructionproje9i'ons. a major m . cation results 

## if theproject causes a significant emissions iny£ase anda significant emissions incre.ase. /' 

### I.B. Applicability Testy' 

### I.B.I.

# Actual-to-pr~ed-actual applicability test forprojects

# thal'o~ly involve existing / 

### . '. emisrnits·>,·o
...o A gnificant emissions increase of a regulatedNSRpollutant isprojeCted to occur 

### if e sum of the diffrrence between theprojectedactual emissions (as dejin).J in section lI.A.38. of this Part) and the baseline actual emissions (as defined in tions IlA.4.a. andIIAA.b. of this Part. as applicable).for each existing emissions um • 

### Regulation No.3 Part 

### D, Page 142 Revision 4/16/2004 

### CODE OFCOLORADO REGULATIONS 5 CCR 1001-5

### Page 140

equals or exceeds the significant amount for thatpollutant (as defined in section IJ.A..44. of this Part). Actual-ta-potential test forprojects that only involve construction of a new em' sions unit(s}. ignificant emissions increase of a regulatedNSR

### pollutant isproject

1.B.3. 

### the m of the difference between thepotential to emit (as 

### defined in s 'on LB.J5. 

### of Part of this regulation)from each new emissions unit following co I]Jletion of the project the baseline actual emissions (as 

### defined in section

# n. .4. 

### of this Part) of these uni before theproject equals orexceeds the significant a ount for that**M'I1L1P14".~** 

### of emissions units. constructedand operated a Clean Unit without causing its Clean Unit designati , no emissions increase is deemed For aproject that wi 

### the emissions unit to la 

### to occur. Hybrid test forprojects that i atedNSRpollutant isprojected to occur 

## if ch emissions unit, using the methods

. of this Part as 

### applicable with respect to eds the significant amount for that is Part}. For example. 

## if aproject Clean Unit. theprojected increase is determined by

### summing th alues determ' ing the methodspecified in section LB./.forthe existing uni and using the method ecified in section lB. 3.

### for the aean Unit. pollutant (4 

### defined in section lI.A..44. of this Part).

I.B.4.

I.B.S. 

### An owner or opera r of a major stationary source 'tV 

### conducts the actual-toprojected-actual est for aproject that requires a minor it 

### modification in accordance wi 

### section X of Part C. 

### requires a significa ermit modification ill accordance 'th section LA.3. of Part 

### C, a modification as med in section lB.26. of PartA that requires a minor sourcepermit underPart B app/icat' n including:

Regulation No. 3 Revision 4116/2004 

### I.B.J.a. All calculations andsupportingdocumentation used to deter 'ne baseline actual emissions of each emissions unit affected by theproject; All calculations andsupporting docutnentation used to determinep 'ected actual emissions of each existing emissions unit affected by theproje
. A determination of thatportion of each existing unit's emissions followin 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 ofColorado 27 CR 6, 6-04 Page 141 All Ri ts Reserved

four monthperiod 

### wedto establish the baseline actual emissions a that are related to theproject. including any increased utilization due product d ndgrowth: 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 of a majorstationarysource who conducts the actual-to-proje a-actual tes r aproject 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 andshall not be incorporated into e**stat~** implementationplan. 

### I.e. Forany m . r stationary source requesting, or operating 

### er, a Piantwide Applic ityLimitation (as defined in section D.A.34.)for alatedNSRpollutant, the ajorstationarysource shall comply with the requirements ection XPD. of Part. An owneror operator undertaking a Pollution ControlProject (as define D.A.35.) shall comply with the requirements of section XVI. of this Part. 

### ll. Definitions 

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

### Part D. 

### llA.I. Actual Emissions



### . The actual rate ofemission ofa regulatedNSR pollutant 

### from an emissions unit,

detennined as follows: II.A.I.a. Actual emissions as ofa particular date shall equal the average rate, in tons per 

### year, at which the

### unit~~tted the pollutant dming a two-year**coii89iiUffo,.~-melltyfeuF** I1iDiifb.period that precedes the particular date and is representative ofnonna! unit operation. A different period may be used ifit 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 ifactual emissions cannot be detennined pursuant to section I.B.I.a., above; Regulation No.3 Part D, Page 144 Revision 4/16/2004 

### CODE OFCOLORADO REGULATIONS 5 CCR 1001-5

### Page 142

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 of

### the unit on that date. II.AJ.d. 

### 'tion sholl not apply for calculating whether as" ISsions increase has occu tablis

. u er section XVil. of Part D 

### of this regulati ,sections '" .A.4. of this Part shall r 

### esepurposes. n.Al.e. For an electric utility steam generating unit 

### <other than a new unit or the Te,placement ofan 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 theunit resumes regular operation. information demonstrating that the physical or operational change 

### did not result 

### in an emissions 

### increase. A longerperiod. not to exceed ten 

### years. maybe required bythe 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 ofan area that may be affected by 

### a change 

### in air quality. Examples include flora, fauna. soil, water, 

### visibility, cultural, and odor.



### - 

## .­ issions, in tonsperyear, of a 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. of this Part), base/in / emissions means the average rate, in tonsperyear, at whic e unit actuo itted thepollutant during any consecutive =Jour monthperiodselect he owner or operator withi weyearperiod immediatelypreceding w 

### owner or operator

gins actual construction of theproject. The 

### division shall a the use of a different timeperiod upon a determination that it 

### is more representa normal source operation. aselineActutilEmissions The rate

Regulation No.3 

### Part D, Page 145 Revision 

### 4/16/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSll.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 include fugitive emissions to the extent quantifiable. and emissions associatedwith startups, shutdowns. and maljUnctions. The average rate shall be adjusteddownward 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 monthperiod. //.AA.a.(i)

For a regulatedNSRpollutant. when aproject invotv units, only one consecutive twenty-fourmonthperio ay be usedto

termine the baselineactual emissions for the e . sions units being All Ri bts Reserved

lI.AA.b.(ii) Th average rate shall be adjusteddownward exclude any nono mpliant emissions that occurred while the sour, was operatingabove an emission limitation that was legally enforceable twenty-four monthperiod. ch ged. A different conseCutive twenty-four mo thperiod can 

### be used for each egulatedNSRpollutant. The e rate shallnot bebased on an period for hich there is inadequate inA ationfor determining annual emissions. i onsperyear. and for ling this amount 

### if requiredby section/I.AA. ii). For an existing emissl unit), baseline actual e

The avera rate shall include fugitive issions to the extent quantifi Ie. and emissions associated startups, shutdowns, and maljU "OllS.

The average rate shall be adjusteddownward to exclude y emISSions that would have exceededan emission limitation with whic he major stationary source must currently comply. hadthe major statio ary source been required to comply with such limitations dUring the conse rive twenty-four monthperiod. However, 

### if an emission limitation isp of a maximum achievable control technology standard contained in Pa of Regulation No.8, the baseline actual emissions need only be adjuste

. Part D, Page 146 Regulation No. 3 Revision 4/16/2004 

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

### Page 144



### the State has taken credit for such emissions reductions in an atta' demonstration or maintenanceplan.

or a regulatedNSRpollutant, when aproject involves ltiple emissions un' only one consecutive twenty-four monthperi ust be used to deter

. the baseline actual emissions for the e sions units being changed. different consecutive twenty-four nthperiod can be used for each regular, NSRpollutant.

. ll.A.4.b.(v)

ll.A.4.c. For a new 

### emissions , the baseline al emissions forpurposes of

. ions increase that WI 

### emIt from the initial construction a operation of such unit shall Izero; and thereafter,for SU, 

### shall equal the unit'spotentia emit (as defined in .35. of PartA of this regulation). 

### n.A.4.d. Pi 

### a P AI.

### for a majorstationarysource, th.e baseline aetua issions shall e calculated for existing electric utilitysteam generating units' accordance

.with theprocedures contained in section ll.A.4.a.,for other existin issions units in accordance with theprocedures contained in section ll.A.4.b., d for a new emissions unit in accordance with theprocedures contained in sec . n lI.A.4.c. 

### n.A.s. Baseline Area II.A.S.a Any intrastate area (and everypart 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/m 3) (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 ormajor 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 totalsuspended particulate increments shall remain in effect and shall apply for purposes ofdetermining Regulation No.3 Part D, Page 147 Revision 4/16/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS02004 Weil Publishing for the State ofColorado 

### 27 CR6, 6-04 Page 145 All Rights Reserved

the amount ofavailable 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 inthe 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 of phYSIC

- ite construction activities emissions unit that are of a permanent nature. Such aetivi
. I 

### are not limited to, installation of building supports and fou , laying ound pipewor1c, and construction of

permanent structures. With respect to a c . 

### he method of o '. this term refers to those on-site activities otherthanpr activities that marie the initiation of the 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:KTegulatedNSR 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 ormodification through application ofproduction processes or available methods. systems. and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofthe best available control Regulation No.3 Part D, Page 148 Revision 4/16/2004 

### CODE OFCOLORADO REGULATIONS 5 CCR 1001-5

### Page 146

technology result 

### in emissions ofany 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 byreference 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 of

### an 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 degreepossible, 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, includingtechnologies applied at the pre-combustion, comb on, orpost-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 ofcoal 

### inthe generation ofelectricity, orprocess 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 

### issueda majorNSRpermit that requires compli e 

### with BA CTor LAER, that is complying with such BACTILAER requirem , andthat qualifies as a Clean Unitpursuant 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/thisPart D. 

### n.A.12. Complete Regulation No.3 Part D, Page 149 Revision 4/1612004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSC 2004 Weil Publishing for the Slate ofColorado 27 CR 6, 6-04 

### Page 147 All Rights Reserved

.

In reference to an application for a majorNSR permit, an application that contains all the infonnation necessary for processingthe application. Designating an application complete for purposes ofpennit processing does notpreclude 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 ormajor 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 theproposed technological system ofcontinuous 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 ofeach 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 bythe applicant to qualify for any exemption or exclusion under section VI.B. ofthis Part; n.A.12.a.(vii) A schedule ofconstruction in accordance with section ill.GA. ofPart B; n.A.12.a.(viii) 

### An additional copy ofthe application for the federal land manager ofeach 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 Part D, Page 1SO Regulation No.3 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS seCR 1001-5

### Page 148

A rt of a stationary source that emits or would have thepotential t mit any regula NSRpollutant and includes an electric steam generating it as defined in section II
. . 

### 5. of this Part. Forpurposes o/thisPart D, there e two types of emissions uni cribed in section ll.A.14.a. andII.A.J4. • elow. D.A.14.

### a.



### n.A.ts.

s supplied to "a steam distribution system for thepurpose of pro

### vi 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 constructedand t has existed for less n twoyears from the date such emissions unit first 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 anyutility 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 ormore above the

Either a flare used to C 

### y 

### with

# an·~ sourceperformance standard or maximum ac' e control technology standard (inc' uses offlareS during sta • utdown, or malfunctionpermitted undersuch standa • aflare that serves to corltrol emissions of waste streams comprisedpredominately 0 

### hydrocarbons and containing no more than 230 mgldscm hydrogen sulfide. IIA.t9. Innovative Control Technology Any system ofair 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 ofachieving at Regulation No.3 Part 0, Page lSI Revision 4/16/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSlO 2004 WeiI Publishing for the State ofColorado 

### 27 CR 6, 6-04 Page 149 All Rights Reserved

least comparablereductions at lower cost 

### in terms ofenergy. 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 ofemissions 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 occurin 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~t** any pollutant 

### in excess ofthe amount allowable under an applicable new source performance standard (Regulation No.6). Major Emissions Unit frY emissions unit that emits orhas thepotential to emit on yea moreof thePALpollutant in an attainment a D.A.21.b. at emits or has th ential to emit the PALpollutant in .q[grj:ME!Tthan the major stationary source threshold (as defined in 0 

### .25. of this Part)for the PALpollutant for nonattainment an . or example, in rdance with the definition of a major Sf' ry source (as defined in seerio 

### .25. of this Part), an e . ons unit would be a majoremissions unit for 'le organic compounds 

## if the emissions unit is located in an ozone non . ment area and emits or has thepotential to emit one hundred or more toILS 0 er year. n.A.23. Major Modification Anyphysical 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**~a** regulatedNSR 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>fattt

## fr6". file "'6]81' sltft;tm6rystJttf'ee. Regulation No.3 Part D, Page 152 Revision 4/16/2004 

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

### Page 150

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 ornitrogen oxides shall be considered significant for PM1 0• 

### lI.A.23.c. A physical change orchange 

### 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 orunclassifiable 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 ofan 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 PowerPlant and Industrial Fuel Use Act of 1978 (or any superseding legislation) orbyreason ofa natural gas curtailment plan in effect pursuant to the Federal PowerAct; n.A.23.d.(ii) Use ofan alternative fuel byreason ofan order orrole under section 125 ofthe Federal Act; U-A.

### 23.d. (iii) nzt to the extent that the om municipal solidwaste n.A.23.d.(iv) Use ofan alternative fuel orraw material that: n.A.23.d.(iv)(A) the stationary source in a nonattainment area was capable of accommodating prior to December21, 1976, unless such change would beprohibited under a federally enforceable pennit condition. or n.A.23.d.(iv)(B) the stationary source 

### in an attainment orunclassifiable area was capable ofaccomodating priorto January 6, 1975 unless such change would beprohibited under a federally enforceable pennit condition, or n.A.23.d.(iv)(C) the source is approved to use under any permit issued underthis 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; Regulation No.3 Part D, Page] 53 Revision 4/1612004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS2004 Weil Publishing for the State ofColorado 

### 27 CR 6,6-04 Page 151 All Rights Reserved

ll.A.23.d.(vi) An increase 

### in the hours ofoperation. unless such increase would be prohibited under a federally enforceable pennitcondition; or ll.A.23.d.(vii) Any change 

### in ownership ofa stationary source.

n.A.23.d.(ix) The installation, operation, cessation, or removal ofa 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 regulatedNSR utant when the majorstationarysource is complying

. the requirements undersection XVII of this PartDfor a PAL for t Instead. the definition in section lIA.2. of this 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 Regulation No.3 Part D, Page 154 Revision 411612004 

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

### Page 152**cOnstructio~** or exploration activities shall be excluded in detennining whether a majormodification 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 ofanypollutant subjectto regulation under the Federal Act: II.A.25.a.(iXA) Fossil fuel-fired steam electric plants ofmore than 250 million British thermal units per hourheat 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 Regulation No.3 Part D, Page 155 Revision 4/16/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS02004 Weil Publishing for the State ofColorado 

### 27 CR 6, 6-04 

### Page 153 All Rights Reserved



### 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 conversionplants 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, orhas 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 ofany regulatedNSR 

### poilu lated under the

caeml Act for which the area is nonattainrnent. Regulation No.3 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS 5 CCR 1001-5Page 154

II.A.25.c. Major stationary source includes anyphysical 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 ofnegligiblyreactive 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 anyother stationary source categorywhich, as ofAugust 7, 1980, is regulated under section III or 112 of the Federal Act. Il.A.25.f. Emissions caused by indirect airpollution 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 underthe 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) of the 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 ofa major modification, there would be a significant net emissions increase ofthe pollutant. Regulation No. 3 Part D, Page 157 Revision 4116/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS/(02004 Weil Publishing for the State ofColorado 27 CR 6, 6-04 Page 

### 155

1All Rights Reserved

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 ofavailable 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 regulatedNSRpollutant emitted by a majorstationary source, the amount by which the sum ofthe following exceeds zero: II.A.27.a.(j) Any**~increase** in the actual emissions from a particularphysical 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

# =5e~E n.A.27.b. Contemporaneous

- 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, ortheU.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
Regulation No.3 Part D. Page 158 Revision 4/16/2004 

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

### Page 156

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 owneror 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 anypennit 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 ofactual emissions or the old level ofallowable emissions, whichever is lower, exceeds the new level ofactual 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 didnot result from the install

. of add-on control technology or application of pollution ntionpractices were reliedon in designating an emissio as a Clean Unit pursua section

# xv. of this Part. , once an emissions unit has 

### been designate a Clean Un' e owner or operator cannot later use the emissions reductio the airpollution 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 cluded pursuant to section XVI. or for a Clean Unit designation are c,., . Ie to the extent 

### they meet the requirements in section XVI.FA. 

### of this Part. the PCP andsectionsXV.A.8. andxv'B.l0. of this 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 Regulation No.3 Part 

### OJ Page 

### 159 Revision 4/1612004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS2004 Wei! Publishing for the State ofColorado 27 CR 6, 6-04 Page 157 AlI Rights Reserved
begins to emit a particularpollutant. 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 ofany volatile organic compound. 1l.A.27.k. Creditable Decreases for Fuel Switching. Generally, for credit to be given for the emissions reduction 

### inpotential 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 afterthe 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 MajorNew SourceReview (NSR) Program A major stationary sourcepreconstructionpermitprogram that has been ap,

eAdministratorandincorporated into this Regulation No.3. Anype un theprogram is a majorNSRpermit. II.A.29. 

### ved by 

### issued

Generally means tn te of issuance of the PALP. 

### it. However, the PAL effective date for an increasedP
. the date any em'

. 

### ns unit that 

### ispart of the PAL major modification becomes opera aland

. to emit the PALpollutant.

Notwit ,mdingsections IIA.23 andILA.27. ofthi's Part D (the nitionsformajor mo . lcation andnet emissions increase), anyphysical change in or nge in the II.A.30. 

### PAL Effective Period

II.A.31. ",,­

# ""
ethod of operation of the PAL source that causes it to emit the PALpo level equal to orgreater than the PAL. Regulation No. 3 Revision 4/16/2004 

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

### Page 158

but not



### recirculation, low-NO z 

### burners or combuS 

### rs, selective nonollutant for which a PAL is established

## as a majorstationary SOUTi 

### PAL Permit



### Any activity, 

### set of wo 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 majorstationary source.



### D.A.35.a. An emissio limitation expressed in tonsperyear,for apolluta at a major stationary so ce, that is enforceable 

### as apractical matter a establishedsourcewide in accord ce with section 

### XVIL of this Part

### D.

I/.A.35.c. 1I.A.35.b. 

### IIA:33.

II.A.34. Plantw eApplicabilityLimitation (pAL)



### n.A.35.

cat tic reduction, selective catalytic reduction, low ission combustion (fj 

## Ie engines), and oxidation/absorption catalyst for c trol of NO z. 

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

### thermal incinerators. hydrocarbon combustionflares, biojiltration, ab rbers and adsorbers, and floating roofs for storage vessels for control ofv atile organic compounds orhazardous airpollutants.

Regulation No.3 Revision 4/16/2004 Part D, Page 161


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

### Switching from coal, oil, orany solid fuel to naturalgas,pr 'Pane, or gasified coal;

witchingfrom coal to wood, excluding construction r demolition waste,

emical orpesticide treated wood, andother fo of"unclean" wood; II.A.35.e.(iv) Swit 

### aM ingfrom coal to #2jUel oil (0.5percent 

### I aximum sulfur content):
lI.A. 35. 

### e. (v) Swi/ching m 

### high sulfurcoal to low su sulfurconten . r coal (maximum 

### 1.2percent

. c 02004 WeiJ Publishing for the State ofColorado 

### 27 CR 6, 6-04 

### Page [59 All Ri ts Reserved

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

### to be 

### limited to the followingjUel switch Switchingfrom a heaviergrade offuel oil to a lighter fuel oil, or an grade of oil to 0.05percent sulfur diesel (i.e.•from a highersulfur. 'Content #2jUelor from #6jUel, to CA 0.05percent sulfur #2 diesel);

II.A.35f. Activities or project ndertaken to ac mmodate switchingfrom the use of one ozone depleting stance (ODS to the use of a substance with a lower or zero ozone depletionpo tial (0**~,including** 

### changes to equipment needed II.A.35f(i)to accommodate the actiVl or oject, that meets the following requirements:

D.A.35f(iO Theprojected usa of the new stance is 

### lower, on an ODP-weighted basis, than the b eline usage oft replaced ODS. To malre 

### this determination ollow theprocedure sections ll.A.35f(ii)(A) through D.A.35f(ii)**~,below.** 

### II.A.35.f.(ii)(A)

# ~rmine the ODP of the substan byconsulting the Code of**~ederal** 

### Regulations Title 40, Part 

### 8, bpartA, appendicesA andB. Calculate the replaced ODP-weighted amo t bymultiplying the baseline actual usage (using the annualized rage of any twenty­ four consecutive months of usage within the tenyears) by the ODP of the replaced ODS. Calculate theprojected ODP-weighted amount by m iplying the projectedfuture annual usage of the new substance by



### an ODP. II.A.35.f.(ii)(D) 

### If the 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 of the new substance is lower, on an ODP-weigh basis, than the baseline usage of the replaced ODS Part D, Page 162 Regulation No.3 Revision 4/16/2004 

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

### Page 160

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

n.A.36.

. issued in accordance with section VI. 

# at n.A.37. Project Aphysical change in, 0 

### change in the methodof a eration of. an existing major
ll.A.38. 

### II.A.38.a. peryear, at which an existing emissions isprojected to emit a regulatedNSR ProjectedActualEmissions stationary source.

pollutant in anyone of the ji ears (twelve-monthperiod)following the date the unit resumes regular 0 

### ran n after theproject, or in anyone of the ten years following that date 

### if thepr "ect involves increasing the emissions unit's design capacity itspatenti to emit of that regulatedNSRpollutant and full utilization 0 

### rhe unit would" t in a significant emissions increase or a significant ne emissions increase a he majorstationarysource. ILA.38.b. In determinin

.heprojectedactual emissio. under section D.A.38.a., above, before beg; 

### ingactual construction, the own 

### oroperator of the 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 expectedbusiness activity and

### the compa 's highest projections o/business activity, the company'sjilings "th the State or Federal regulatory authorities. and complianceplans; a Shall include fugitive emissions to the extent quantifiable, an associatedwith startups. shutdowns, and malfunctiOns; and Shall exclude, in calculating any increase in emissions that results om theparticularproject, thatponion of the unit's emissions following t

.project that an existing unit could have accommodatedduring the Regulation No.3 Revision 4/16/2004 

### Part D, Page 

### 163


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS02004 Weil Publishing for the State ofColorado 

### 27 CR 6, 6-04 Page 161 All Ri ts Reserved

consecutive twenty-four monthperiod used to establish the baseline a 

### lUll emissions undersection IJ.AA. of this Part D and that arealso un ated to theparticularproject, including any increased utilization d to product demandgrowth; or, lieu of using the methodset out in sections 11

...1.38

.. ri) through II.

. 8.b.(iU). may elect to use the emissions unit' otential to emit, in tonsp ear, as defined in section IB.35. of 

### P. rtA of this regulation.



### Clean 

### Air ActAmen continue to be

...... )"'

..... time ofthe en Was eq
. ped 

### prior to shut-down with a continuous s tern. 

### ofemissions 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 burnersprior to the time of commencement ofoperations 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. RegulatedNSR Pollutant O.A.o4O.a. Nitrogen oxides orany volatile organic compound; I/.Ao4O.b. Anypollutant for which a national ambient air qualitystandardhas been promulgated,' O.A.o4O.c. Anypollutant that is a constituent orprecursor of a generalpollutant listed undersections IIAo4O.a. or/IA.40.b., above, provided that a constituent or precursorpollutant may only be regulated underNSR aspart of regulation of thegeneralpollutant; /I.Ao4O.d. Anypollutant that is subject to any standardpromulgated undersection 

### J1

### J of the FederalAct; 11.Ao40.e. Anypollutant that otherwise 

### is subject to regulation under the FederalAct, except that any orall hazardous airpollutants either listed in section 

### 1 J 

### 2 of the FederalAct (that have not been delistedpursuant to sectiqn J 12(b)(3) of 

### Regulation No. 3 Part D, Page 164 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS 5 CCR 1001·5

### Replacement Unit

D.A,41.b. t to the replaced Page 162



### the FederalAct) orAppendix B of this regulation are not regulatedNSR polluants unless the listed hazardous airpollutant is also regulated as a constituent orprecursor of a generalpollutant listed under section 108 of the FederalAct.

An emissions unit for 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 FederalRegulations Title 40, section 60.15(b)(l), or the emis
. ns unit completely taJces theplace of an existing emissions unit.

e emissions unit is identical to or fUnctionally 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 ispermanent removed from the major stationary source, therwisepermanen disabled, orpermanently barred

.from operation by 

### a ermit that is en rceable as apracticalmatter. 

## If the replaced emissions un ack into operation, it shall constitute a new emissions unit. n.A.42. Repowering n.A.42.a. Replacement ofan 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 bythe A tor, 

### in consultation with Secretary ofEnergy, a derivative one ormore 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 of

### J bythe Department ofEnergy.

Part 0, Page 165 

### is brought

Regulation No.3 Revision 4/1612004 

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### 27 CR 6,6-04 Page 163 All Ri ts Reserved

D.A.43. SecondaryEmissions Emissions that occur as a result ofthe construction or operation ofa major stationary source ormajor modification, but do not come from the major stationary source or majormodification 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, "Older: 

### m 

### ",otJijicati"" tJttlt «ItI8afMe**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 oroperation ofthe major stationary source ormajor mOdification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe ofa 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 ofthe following: Carbon monoxide: 100 tons per year Nitrogen Oxides: 40 (nitric oxide 

### + nitrogen dioxide) tons per year Sulfur dioxide: 40 tons per year Regulation No.3 Part D, Page 166 Revision 4/16/2004 

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

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ll.A.44.b.



### TI.A.44.c. Particulate matter: 25 tons per yearparticulate 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 (includinghydrogen sulfide): 10tons 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 airpollutants listed in orpursuant 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 ormajor 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/m J ) (twenty-four hour average).

Regulation No. 3 Part D, Page 167 Revision 4/16/2004 

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### 27 CR 6, 6-04 Page 165 All Rights Reserved

II.A.45. Significant Emissions Increase For a regulatedNSRpollutant, an increlLSe in emissions that is significant (as defined in section II.A.44. of this Part D) for thatpollutant. Significant Emissions Unit



### n emissions unit that emits or 

### has thepotential to emit a PALpollutant 

### in amount tlW

. f!Iluol to orgreater 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 wouldqualify 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 ofapplications (including anyrequested public hearing) for sources subject section VI. ofthis Part D 

### within twelve months of receipt ofa 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 ofsuch notice on the publicly accessible portion ofthe 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 Operatingpermit in accordance with the procedures and requirements in 

### parte.

Regulation No.3 Part D, Page 168 Revision 4/16/2004 

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

### Page 166

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 ofall 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 Managerwhose lands may

### be affected by emissions from the source ormodification. 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 bythe 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 anyinterested personmay 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 commentsregarding the foregoing concerns,the sufficiency of the preliminary analysis, and whetherthe 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.
Regulation No.3 Part D, Page 169 Revision 4/1612004 

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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 draftpermit, 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 beposted 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 ofits 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 ofthe proposed source ormodification, 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 providedherein and in the notice,**su~h** hearings will 

### be conducted pursuant to the Act, the Procedural Rules ofthe 

### 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. of

### Part 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. Regulation No.3 Part D, Page 170 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS SCCR 1001-5Page 168

VA.3. Prior to the date ofcommencement 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 ofthe National Ambient 

### Air Quality Standards when considered 

### in connection with othernew and existing sources ofemissions. 

### In addition, offsets for PM10 , sulfur oxides, and carbon monoxidemust show, through atmospheric modeling, a positive net air quality benefit in the 

### area affected bythe 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 maythus 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 orhigher**nonattainm~t** classification than the area in which the source is located; and V.A.3.e. Emissions from 

### such other area contribute to a violation oftheNational 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 ofalternative sites, sizes, production processes and environmental control techniques for suchproposed 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 enforceablethrough permit conditions or source specific state implementationplan 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. Regulation No.3 Part D, Page 171 Revision 4/16/2004 

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### 27 CR 6. 6-04 Page 169 AU Rights ,Reserved

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 ofsection V.A. ofthis Part D. V.A.7.b. The requirements ofsection V.A. shall apply at such time that any stationary source ormodification becomes a major stationary source ormajor modiiication 

### solely byvirtue ofa relaxation 

### in any enforceable limitation that 

### was established 

### afterAugust 7. 1980 on

### the capacity ofthe source or modification to otherwise emit 

### a pollutant. such 

### as a restriction on hours of operation. 

### Thefollowingprovisions apply toprojects at existing emissions units at a 17IQjor stQtionary source (other thanprojects at a Clean Unit or at a soure with a PAL) in 

### circumstances where there is a reasonablepossibility th a project that is 

### nota

### part of a majormodification 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) of this rt

### Dfor leulatingprojectedactual emissions. V.A.7.c.(i) ore beginning actual construction of theproject e owner or operator sha document and maintain a record of the/oil ing information: 

### / Y.A.7.c.(i}{A) escription of theproject: ,/ V.A.7.c.(i)(B) Idendncation of the emissions it(s) whose emissions of a

### regul~te?J..i{.SR pollutant co (f

### be affected by 

### theproject; and V.A. 7.c.(i)(C)· A description the aB icability test used to determine that the project is not a . modificationforany regulatedNSR pollutant, includ":g e baseline actual emissions, theprojected actual emissi" ,thea oWltof emissions excluded undersection**ll.A.38.~,(ijif** 

### of this Part nd

### an explanation for why such amount was exc:jlded. andanynetti calculations. 

## if applicable.

? 

### V.A.7.c.(ii) 

## If the emis ons unit is an existing elecm utility steam generating unit. before 'ginning actual construction. the 0 

### er or operator shall provide a co of the 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 of such a unit to obtain any determinati om the division before beginning actual construction. The owner or operatorshall monitorthe emissions of any re latedNSR pollutant that could increase as a result of theproject andthat' emitted by any emissions units identified in section V.A. 7.c.(i)(B); and ca late andmai1J.uiin a record of the annual emissions, in tonsperyear on a calendaryear basis.for aperiodof five years follOWing resumption 0 Part 

### D. Page 172 Regulation No.3 Revision 4/16/2004 

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

### Page 170

e name, address andtelephone nu the majorstationarysource; 

### 17re annual emissions as calculatedpursuant J1.A. 

### 7.c.(iii),· and 

## If

the unit 

### is an existing electric utility steam generating operatorshallsubmit a report to the division within s' 

### days after the of each yearduring which records must be gen 'Dted undersection V A. 

### c. (iii) settillg out the unit's annual emissio during the calendar )I..::Jr t 

### recededsubmission of the report.

Any other information that the owner or operator wis 

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

### why the emissio from thepreconstructionprojection). The 

### owner or operator of the source shall make the information required

# t~ documented and maintained pursuant to section J1.A. 

### 7. c. available for review. upon request for inspection by 

### the division or the generalpublic.

_ regular operations after the change, or for aperiod of ten years followi resumption of regular operations after the change 

## if theproject iner
. es the design capacity orpotential to emit of that regulatedNSRpol 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. of

### this 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.

Regulation No.3 Part D, Page 173 Revision 4116/2004 

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### CODE OF COLORADO REGULATIONSC 2004 Wei! Publishing for the State ofColorado 

### 27 CR 6, 6-04 Page 171 All Rights Reserved

V.A.8.a.(i)(C) Construction phases ofa 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 ofSignificant Deterioration 

### Program). VI.A. Major Stationary Sources and Major Modifications. The requirements oftbis section 

### VI. shall apply to any major stationary source 

### and any majormodification 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. Foranynewmajor stationary source ormajor modification proposing to construct 

### in any

## irea in Colorado designated under section 107 (d) ofthe Federal Act as attainment orunclassifiable for any criteria pollutant 

### as ofthe date of

### submittal 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, havebeen 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 eachpollutant regulated under the Act orFederal 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 orFederal 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 Regulation No.3 Part D, Page 174 Revision 4/1612004 

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

### Page 172

pollutant would occW' as a result ofa physical change or change in the method ofoperation ofthe 

### unit ' VI.A.J.c. Forphased 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 operatorto

## Proceed with scheduled construction ofthe source. During the review, the owner oroperator ofthe applicable stationary source may be 

### required to demonstrate the adequacy ofany previous determination ofbest available control tcchnology for the source. 'VI.A.2. Source Impact Analysis. The owner or operator oftheproposed 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 overthe baseline concentration in any area. VI.A3. Pre-eonstruction Monitoring and Analysis VI.A.3.a. An analysis ofambient 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 orFederal 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 ofdetennining whether emissions of that pollutant would cause or contrIbute to a violation ofthe applicable standard or any maximum allowable increase. Regulation No.3 p.art D, Page 175 Revision 4/16/2004 

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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 yearpreceding 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 shorterperiod. 

### VIA.3.e. The owner or operator ofa proposed major stationary source or major modification ofvolatile organic compounds who satisfies aU conditions ofthe Code ofFederal Regulations Title 40, Part 51, Appendix S, section IV. (but not includingconditions resulting from amendments after July 1, 1991 and not including section IV. B. ofAppendix S) mayprovide 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, AirPollution 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 ofa 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 of

### air quality related values or sensitive receptors required by section

## xm.B. ofthis Part, shall be for such time as is necessaryto determine the effect emissions from the source or modification will have on the 

### air quality related values or sensitive receptors. Post-constructionmonitoring requirements will be permit conditions. VI.A.s. Operation ofMonitoring Stations. The owner or operator ofa major**stati~nary** source or majormodification 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 isregulated 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 ofthe 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 Regulation No.3 Part D, Page 176 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS 5 CCR 1001·5Page 174

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 oroperator 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 ormajor modification with respect to a particular pollutant ifthe owner or operator demonstrates that, 

### as to that pollutant: V1B.l.a. The somce ormodification 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 ormodification is a portable stationary source that has previously received a permit\Ulder requirements equivalent to those contained in section VI.A. of

### this 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 ofoperation 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 Regulation No. 3 Part D, Page 177 Revision 4/16/2004 

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### 175 All Rights Reserved

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 major stationary source that was 

### in existence on March 1, 

### 1978, ifthe net 

### increase in allowable emissions of

### each 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 ormajor 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 oftbepollutant 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; PM 1o - 10 J.lg/m ,24-houraverage; 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/m 3

, 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 ornet 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 ofthis Part D shall apply 

### at such time that any stationary source or modification becomes a major stationary source or major modification solely by Regulation No.3 Part D, Page 178 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS 5 CCR 1001·5

### circumstances where there is Q



### VI.B. 5. 

### a.

ye 

### Page 176

virtue ofa relaxation 

### in any enforceable limitation that was established afterAugust 7, 1980, on the capacity ofthe source or modification to otherwise emit a pollutant such as a restriction on hours ofoperation. 

### Thefollowingprovisions apply toprojects at existing emissions units at a major stationarysource (other thanprojects at a Cleon Unit or ata source with a PAL) in reasonablepossibility that aproject that 

### is nota of a majormodification may result in a significant emissions increase and the 0 

### er oroperator elects to use the methodspecifiedin sections II.A.38.b.(i) through .38.b.(iii) of this Part D for calculatingprojectedactual emissions. Before beginning actual construction of theproject, the owner operator IIdocument and maintain a record ofthefollowing info tion: VI.B.5.a.(i) description of theproject; VI.B.5.a.(ii) Iden' cation of the emissions unit(s) whose

### em~ons ofa regulatedNSR po//ut t could be 

### affected by theproject; and

. VI.B.5.a.(iii) of the applicability test used 0 

### determine that theproject is not a major diftcationfor any regula dNSRpollutant, including the baseline actual issions, theproje actual emissions, the amount of emissions exclude under section L.'A.38.b. (iii) of this Part, andan explanationfor why ch amoum<.,as excluded, and any netting calculations, 

### if app/ic Ie. // 

## / VI.B.5.b. 

## If the emissions unit 

### is an ex'

. g electric utilitysteam generating unit, before beginning actual construc ..n, 

### t owner or operator shallprovide 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 oroperator of such 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 of any regulatedNSR pollutant t 

### t could increase as a result of thep 'ect and that is emitted by any em' ions unit identified in section VI.B. 5. 

### a. (il

. and calculate and maint In 

### a recordof the annual emissions, in tonsp ear on a calendar basis,for aperiod offiveyears following resump n 

### of regular erations after the change. or for aperiod often years lOWing resumption of regular operations after the change 

### if theproject increas the design capacity or potential to emit of that regulatedNSRpollutant uch emissions unit. 

## If

the unit is an existing electric utility steam generating unit. the 0 

### r or operatorshall submit a report to the division within sixty days after th ndof each year during which records must be generated undersection VI.B.S

.. Regulation No.3 Revision 4/16/2004 

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

### The owner or operator of the source shallmake the information required to be 

### documentedand maintained pursuant to section VI.B.5. available for review upon request for inspection by

### the division or the generalpublic. C 2004 Weil Publishing for the State ofColorado 

### 27 CR 6, 6-04 Page 177 All Ri ts Reserved


### setting out the unit's annual emission.s during the calendaryear thatpr submission of the report. VI.B.5.e. the unit is an existing unit otherthan an electric utility sl generating un I 

### he owner or operatorshall submit a report to the 'sion 

## if the annual emissi in tonsperyear.from theproject identi in section ·VI.B.5.a. exceedthe eline actual emissions (as docum ledand maintained pursuant to se . n VlB.5.a.(iii)) byasigni antamount (as defined in section O.A.44. 0 . 

### Part)for thal re atedNSRpollutant. and 

## if such emission.s dijjer from recons Ion

### projection as documented and maintainedpursuant to se n .B.5.a. (iii). Such report shall be 

### submittedto the division within sixty r the endof suchyear. The report shall contain the following.' VI.B.5.e. (i) 

### of the majorstat!onary source; VlB.5.e.(ii) The a ual emissions as calculated pursuan ny other information that the owner or operator w 

### report (e.g.• an explanation as to why the emissions di preconst1'UCtionprojection).

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 ormodification submitted an application for a permit under Regulation No.3 before the provisions for

### maximum allowable increases for PM 10 took effect; and Vl.B.7.b. The division determines that the application 

### as submitted, before thedate 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 ormajormodification subject to this regulation. and provide notice ofevery action related to the consideration of such pennit. 

### VI.D. Major Stationary Sources in attainment areas affecting nonattainment areas. Regulation No. 3 Part D. Page 180 Revision 4/16/2004 

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

### Page 178

VI.D.1. For any new major stationary source ormajormodification that is proposed to be constructed in an area designated under section I07(d) ofthe Federal Act as attainment or unclassifiable for a particularpollutant 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 orboth 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 ormodification will not significantly affect ambient air quality in the nonattaimnent area. VID.2. Ambient air qualitywill 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 ormajor 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.

Regulation No.3 Part D, Page 181 Revision 4/16/2004 

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

## o 2004 Weil Publishing for the State ofColorado 

### 27 CR 

### 6, 6-04 

### Page 179 All Rights Reserved

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. Negligiblyreactive volatile organic compounds maybe substituted for volatile organic compounds and the resulting decrease in volatile organic compound emissions, ifotherwise creditable. maybe 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 Regulation No.3 

### Part D. Page 182 Revision 4/16/2004 

### CODE OFCOLORADO REGULATIONS 5 CCR 1001-5Black 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 maybe redesignated as providedin 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 commissionpursuant 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.

Regulation No.3 

### Part 0, Page 183 Revision 4116/2004 

### 5 CCR 1001-5 

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### Page 181 All Rights Reserved



### 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 otherwiseprovided in this section or section

## vm. ofthis 

### Part, the commission mayredesignate any area in Colorado 

### as Class 

### I. Class 

# n or 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 anyperson. 

### 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 theproposed redesignation; IX.CA. A teclmical analysis ofexpected 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 redesignationwith applicable county orregional development plans, including but not limited to, comprehensive area wide plans and 

### 208 water qualityplans. IX.D. The commission shall provide sixty day notice priorto a public hearing, including notice to other states, Indian governingbodies 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 maybe 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 priorto 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 anypublic hearings shall contain appropriate notification of the availability ofsuch discussion. Regulation No.3 Part D, Page 184 Revision 4/16/2004 

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

### 182

IX.E. Prior to the issuance ofnotice respecting the proposed redesignation ofan 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 anyFederal Land Manager had submitted written comments and recommendations, 

### the commission shall publish a list ofany inconsistencybetween such redesignation and such comments and recommendations and 

### an explanation of such inconsistency (together

### with the reasons for making suchredesignation 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, orwith the leadership ofthe legislature, ifit is not in session, and 

### (2) byresolutions or ordinances enactedby the general purpose units oflocal government representing 

### a majority ofthe residents of the area to 

### be redesignated. 

### IX.G. No area maybe redesignated ifsuch redesignation would 

### cause or contribute to concentrations ofany air pollutant in any other area 

### that exceed anymaximum allowable increase or maximum allowable concentration pencitted under the classification ofsuch area. 

### IX.H. Lands within the exterior boundaries ofreservations offederally recognized Indian tribes may be redesignated only bythe 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 of

### a properrequest for redesignation made pursuant to this section 

### IX. shall 

### be subject tojudicial 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 ifany major stationary source ormajor 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 onredesignation 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: Regulation No.3 Part D, Page 

### 185 Revision 4/16/2004 

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### 27 CR 6,6-04 Page 183 All Rights Reserved



### X.A.l.a. For 

### any Class I area:
PM 1G (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:
PM 1G (Jlg/ml ) Annual arithmetic mean 17 Twenty-four hour maximum 30
Sulfurdioxide**(~ml)** Annual arithmetic mean 20 Twenty-four hour maximum 91 TbJee hour maximum 512 NilrogeD dioxide (Il&!'m1
Annual arithmetic mean 2S



### Regulation No.3 Part D, Page 186 Revision 4116/2004 

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

### 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-fourhour 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 anyperiod other than an annual period, the applicable maximum allowable increase maybe 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 shallbe 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 bereasonably identified 

### as emitting the pollutant in violation and affecting the area ofviolation. 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. Revision 4/16/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS(:) 2004 Weil Publishing for the State ofColorado 27 CR 6,6-04 Page 

### 185 All Rights Reserved

.

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 ormajor 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 ofa Datural gas curtailment plan in effect pursuant to the Federal "Power Act" over the emissions from such sources before the effective date ofsuch plan, but not more than five years after the effective date ofthe plan.
Regulation No.3 

### Part 0, Page 188 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS S CCR 1001-5Page 186

XI.A.3. Concentrations ofparticulate matter attributable to 

### an increase 

### in emissions from construction or othertemporary emission-related activities ofnew or modified sources. 

### XIA.4. Concentrations attributable to the temporary increase 

### in emissions ofsulfur dioxide, orparticulate 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 thatprovide: 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 ofa 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 bytheplanrevision will not exceed those levels occuning from such sources before the plan revision was approved bythe U.S. EPA. XlI. Innovative Control Technology 

### XII.A. An owner or operator ofa 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 Technologyrequirements and to approve a system ofinnovative control technology, in order to encourage the use ofsuch technology. XII.B. The division orthe commission may. with the consent ofthe govemor(s) ofother affected states, grant a waiver from the BestAvailable 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 oroperator agrees to achieve a level ofcontinuous emissions reduction greaterthan 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 laterthan four years from the time ofstartup or seven years from permit issuance; XII.B.3. The source ormodification would meet the requirements ofsections VI.A.I. and VI.A.2. based on the emissions rate that the stationary source employing the system Regulation No. 3 Part D, Page 189 Revision 4/16/2004 

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. 27 CR 6, 6-04 Page 

### 187 All Rights Reserved

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 ofan 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 participationhave 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 ormodification. 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 anytime that the proposed system is unlikely to achieve the required level ofcontrol orto protect the public health, welfare, or safety. XU.D. 

### If a source ormodification fails to meet the required level ofcontinuous emissions reduction 

### within the specified timeperiod, 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 ofa demonstrated system ofcontrol. 

# xm. Federal Class I Areas 

## xm.A. Within twenty days ofreceipt ofa pennit application for a new major stationary source or majormodification that may affect visibility or 

### air qualityrelated 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) ofair quality relatedvalues. 

### Ifthe division receives advance notification ofa permit application ofa source that may affect visibility or air qualityrelated values, it will notify all affected Federal Land Managers within thirtydays 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 Revision 4/16/2004 

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

### Page 188

impact onvisibility or air quality related values ifsuch analysis is received within thirty days after the Federal Land Managerreceives a copy ofthe complete application. 

### Ifthe division disagrees with the Federal Land Manager, any notices for public co.mment or ofa 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 maybe 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 enterinto 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 ofair 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 qualityrelated values or

. sensitivereceptors will provide a basis for evaluating effects to the relevant 

### air quality related values. XIII.B.3. Monitoring during construction and operation may onlyberequired 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 ofair 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 qualityrelated 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 economicallyreasonable 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 preliminaryanalysis required under Regulation No. 3 Part D, Page 191 Revision 4/16/2004 

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### 27 CR 6, 6-04 Page 189 All Rights Reserved



### 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 ormodification would not cause or contribute to concentrations that would exceed the maximmn allowable increases for a Class I area. If

### the 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 of no adverse impact is in error, the division shall not issue the permit. XIDD. Class I Variances. The owner or operator ofa proposed major stationary source or major modification may demonstrate to the satisfaction ofthe 

### Federal Land Manager that the emissions ftom such source ormodification would nothave an adverse impact on the air 

### quality related values (including visibility) ofClass I lands under the Federal Land 

### Manager'sjurisdiction. 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. If

### the 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 ofsulfur 

### 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 PM 10. 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


### Regulation No.3 Part D, Page 192 Revision 4/16/2004 

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

### Page 190

.Nitrogen dioxide Annual arithmetic mean 

# I

XIII.E. SulfurDioxide Variance by Governor xIn.E.l. The owner or operator ofa 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. 

### Ifsuchvariance 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 bythe 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 mayissue 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 maybe 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 ofexposure oftwenty-four hours or less for more than

.eighteen days, not necessarily consecutive, during any annual period:

Regulation No.3 Part D, Page 193 Revision 4/16/2004 

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

### Visibility 

### Pwpose

.



### XIV.B.

an C 2004 Weil Publishing 

### for the State of

### Colorado 27 CR 6, 6-04 

### Page 191 All Rights Reserved

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 mayrcaso Iybe 

### anticipated to cause or contribute any impainnent of visibility in any suc area (even ifthe area is in another te). 

### XN.C. Definitions For purposes ofthiS 

### section XIV.C.I. Adverse impact on visibilityme 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, anypollution control equipment in use or in 

### existence t the source, the rem .. g useful life ofthe source, and the degree ofimprovement in 'sibilitythat reasonably be anticipated to result from the use ofsuch technolo

. Existing stationary facility means any ofthe stationary sources ofair 

### 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 Regulation No.3 Part D, Page 194 

### Revision 4/16/2004 

### CODE OFCOLORADO REGULATIONS 5 

### CCR 1001-5

### Page 192

commenced construction on 

### or before August 7, 1977, 

### and has the potential to emit 

### two hWldred and fifty tons'per year 

### ormore ofany airpollutant. 

### Indetennining 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' entmeans, for purposes ofsection

### XIV;b.2.~ .• visibility impairment, that terferes with themanagement,**p~tec}ibn,** 

### preservation or enjoyment ofthe VI 'tor's 

### visual experience ofthe CI34SI 

### area. / / 

### XIV.C.S. anyhumanly**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 the**jlivis~n** 

### may, at anytime, 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 contributionto visibiytY impairment in anyClass 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 ofthe commission, 4300 Cherry 

### Creek

### Dri~e South, Denver, '\ Regulation No.3 Part D, Page 195 Revision 411612004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSC 2004 Wei! Publishing for the State ofColorado 27 CR 

### 6, 6-04 Page 

### 193 All Ri isReserved

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 previo6slybeen required under this sectitw; and 3) the impairment ofvisibility in

### ~y Class. I 

### area is

### rcasonabJy'~outable to the emissions ofthatyo1lutant. 

## \ / XIV.D.2.c. Any existing sfav.onary facility required to and operate BestAvailable Retrofit Technoldgy under this section**m~** apply to the division and the U.S. EPA Administrator oran**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~ty** in 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 mayrc:ceive an**~emption** from Best AvaiJable Retrofit Tecqnology only Ifthe ownei'c?r operator ofsuch power plant**demo~** to the satisfaction ofthe**di~sion** that such powerplant is located**~such** a distance from alJ Class 

### I areas that suchpowerplant does not or not byitselfor 

### in combination**wi~** other sources emit any 

### air**poll~t** that may reasonablybe anticipated td"'Eause orcontribute 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 ofany application fo xemption. XIV.Djc.(iv}The Federal Land Manager may provide aninitial recomm dation or / comment on the disposition ofsuch application. Suchreco 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. Regulation No.3 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS 5 CCR 1001-5assessment of: .F.l.c.(i) strategyrevisions. 

### crythird 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 visibilityimpairment, 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 sixtydays prior to olding anypublic 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. Thereport sh
The progress achieved in remedying existing impairment ofvis any Class I area; XN.F.l.c.(ii) The ability ofthe long-tenn strategy to prevent future impainnent of visibility in any Class I area; . Regulation No.3 Revision 4/16/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSC 2004 Weil Publishing for the State ofColorado 27 CR 

### 6, 6-04 Page 195 All Ri ts Reserved

XN.F.l.c.(iii) Anychange 

### in visibility since the last such report, or 

### inthe case ofthe 

### fi report, since plan approval, including 

### an assessment ofexisting 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) Theprogress achieved 

### in implementing BestAvailable Technology and meeting other schedules set forth 

### in th tegy;
XIV.F.I.c.(vii)The for BestAvailable Retrofit Techno gyto 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 ofthis .G., federal land management agency means a federal agency and manages at least 50,000 

### acres offederal land in Colorado. XIV.G.I.b. shall submit to the commission emission d no less frequentlythan 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 byreducing 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 ofcriteria 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 Part D, Page 198 Regulation No.3 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-5

### est, set out 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 beincluded 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~ onpublic 

### 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 BACTor£AER. 

### An owner oroperator of a ajorstationary so ce shall have the option of using the Clean Unit Test to det ' ne whether emissions creases ata Clean Unit arepart of aproject that is a maj modification according to eprovisions in sectionsXV 0.4.1. through 

### XV .A.9. XV.A.I. 

### Applicability \\ Theprovisio of this sectionxv. apply to any emissions um or which the Division has issued majorNSRpermit within the ten yearsprior 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 majorNSRpermit within the ten years

ate that the major stationary source submits a clean unit designation r in this subsection xv.A.J .• 

### shall not be federally enforceable andshall not incorporated into the state implementationplan. 

## xv 1J\.2. General Provisions Regulation No.3 Part D, Page 199 

### Revision 4/16/2004 

### 5 CCR 1001-5 

### CODE OF COLORADO REGULATIONS10 2004 Weil Publishing for the State ofColorado 

### 27 CR 6, 6-04 

### Page 197 All Ri Is Reserved


### Anyproject for which the owneror operator begins actual construction after the effective date of the Clean Unit designation (as determined in accordan with section xv.A.4.) andbefore 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. 

## If

aproject at a Clean Unit does not cause the need for a change' the emission limitations orworkpractice requirements in theperm' "jor the unit hat were adopted in conjunction with BACTorLAER and t projectwould n 

### t alter anyphysical oroperational characteristics that

## fi ed the basis for the ACTorLAER determination 

### as specified in section :A.6.d .• the emu . ns unit remains a Clean Unit. XJI.A.2.c. 

## If aproj t causes the needfor a change in the em' sion limitations or work practice re irements in thepermit for the unit t t were adopted in conjunction 'th BACTor

### LAER or theprojec ouldalter anyphysical or operational ch acteristics that formed the is for the BACTorLAER determination 

### as ecifiedin section

# xv. .d .• then the emissions unit loses its designation 

### as a 

### lean Unit upon is nce of the necessarypermit revisions (unless the it requaliftes a Clean Unitpursuantto section XV .A.3.c.). 

## If the owne r operator egins actual construction on theproject without first applying to . e th emissions unit'spermit. 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 of sections I.A.3. through LB.2.• andLB. 

### 4. of this Pa ']) as 

## if the emU. 'ons unit is not a Clean Unit.

For emis ons units that meet the require nts of sectionsXJl.A.2.e.(i) and XV.A.

. (ii), 

### theBA

# etlevel of emissions Ti 

### uctions and/or workpractice requ' ements shallsatisfy the requirement for 

### 'R in meeting the

.re irements for Clean Units under section

# xv. .3. through XV .A.B. of 

### t IS 

### Part D. For these emissions units. all requiTi ents for the LAER 'determination under sectionsXV .A.l.b. andXY.A.2. shall also apply to the BACT permit terms andconditions. In addition. til requirements of section

## xv. A. 7.'0. (iJJ do not apply to emissions units th ualify for Clean Unit status under this section XV .A.l.e

.

. The emissions unit must have received a PSDpermit within til ten years prior to a request for designation, andsuchpermit must require e emissions unit to comply with BACT. The emissions unit must be located in an area that was redesignated nonattainment for the relevantpollutant(s) after issuance of the PSD XV.A.2.e. RedesignatedNonattainment.

Regulation No. 3 Part D. Page 200 Revision 

### 4/16/2004 

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

### Page 198

permit and before the effective date of the Clean Unit Testprovisions 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 sectionsXY.A.3.a. andXV .A.3.b., and requests in writing to b esignated as ch 

### bytheDivision. After the original Clean Unit designation E!XB' es in
. acco ance with section XY.A.5., or 

### is lostpursuant to sectionXY.A .c., such emissi unit mayre-qualify as a Clean Unit under eithersection '.A.3.e. or under the Clea nit provisions in section.xv.B. To re-qualifyas a 

### C an Unit under section.xv. 3.e. the emissions unit must obtain a new major 

### 'Rpermit issued through the a licable majorNSR orPSDprogram andme all the criteria in sectionXV .A.3. aean Unit designation applies individ lly for eachpollutant emitted

### bythe em ions unit. The requirement that source must requestfrom til 'vision a designation as a clean unitset out in the bsection XV .A.3. shall t be federally enforceable and shall not incorporated int the statt; implement Onplan. XV.A.3.a.

XY.A.3.b. hav eceiveda major NSRpermit within the ten r designation. The owneror operator must

'de information that woulddemonstrate that met.



### Regulation No. 3 Revision 4116/2004 Airpollutant issions from the em ions unit must 

### be reduced through the use of a airpollution control tec logy (which includespollution preventio as defined undersection LB.
. of PartA or work practices) that m both the following requiremen 'n section 

### XV .A.3.b.(i} and XV.A .b.(ii}. XY.A.3.b.(i} e control technology achieves the BA CTor eduetions as determined through issuance of a . r NSRpermit within thepast ten years. However, the emissions unit is no ligible for Clean Unit designation 

### if the BA CTorLAER determination Ited in no requirement to reduce emissions below the level of a stan rd, uncontrolled, new emissions unit of the same type. The owner or operator made an investment to install the contro technology. For thepurpose of this determination, an investment cludes expenses to research the application of a pollutionprevention tech

. ue to the emissions unit or expenses to apply apollutionprevention techniq to an emissions unit. Part D, 

### Page 201


### 5 CCR 1001-5 CODE OF COLORADO REGULAnONS<02004 Weil Publishing for the State ofColorado 

### 27 CR6, 6-04 

### Page 199 All Ri ts Reserved


### Re-qualifyingfor the Clean Unit designation. The emissions unit must obtain a new majorNSRpermit that requires compliance with the current-day BACTorLAER, andthe emissions. nit must meet the requirements in sectionsXV .A.3.a. andXY.A. 3.

### b. eetive date of the Clean Unit designation. XV.A.4. 

### The ective date of an emissions unit's Clean Unit designation (tha ,thedate 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 orXV.A.4.b., b w. 

### XY.A.4.a. Origina Clean Unit designation, andemissions u that re-qualify as Clean Units by' lementing a new control technology, 0 

### meet current-dayBACTor LAER. The eJfecti ate is the date the emiss' ns unit's airpollution control technology is ced into service, or reeyears after the issuance date of the majorNSRp it, whichever' earlier, but no sooner than the date thatprovisions for e CleQ1J 

### U.
. applicability test are approved by

### the Administrator for 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 operatorm no longer use the Clean Un Test to determine whether a project affecting t emissions unit is, or ispart of. a !jor modification) according to the applicable ection XY.A.5.a. orXV .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 sectionsXV .A.3.a. andXV .A.3.b., orrequalifies by 

### impl enting new control technology to meet current-dayBA CTundersectio :A.3.c. of this PartD, 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 operator fails to comply with e provisions for maintaining Clean Unit designation in section xv.A. this Part D.
. Regulation No.3 Revision 4/16/2004 

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

### Page 200

XV.A.5.b, Emissions units that re-qualify for the Clean Unit designation using an**e~'sting** 

### control technology. For any emissions unit that re-qualifies as a Clean Unit undersect; 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 operator fails to comply with theprovisions for maintainin the Clean Unit Designation in section 

### XV.A. 7. \ 

### XV.A.6.

## Requir~ tiJle V permit content for a Clean Unit. \

. 

### After the elret:tive date of the Clean Unit designation. and in a ordance with the provisions-**of~rt** 

### C of this regulation, but 

### no later than wh the title V permit is renewed, the title V permit for the major stationary source ust include the follOWing \ 

### terms and (**onditi~** 

### in sectionsXY.A.6.a. through

# xv. f related to the Clean Unit. \\



## If

this date is not kno whe lhe Clean Unit designation 

### is initially recorded in the title V pe t (e.g

.. because the airpollution control technology is notyet in s 'ce), thepermit 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 V permit at 

### thefirst opportunity, such as a mod' cation, reopening, 0 

### enewal of the title V permit for any reason, whi ever comes first. but 

### in n case later than the next renewal

.



### . XV..A.6.c. The expira
. n date of the Clean Unit designa 

### n. 

## If

t . date is not known when the Clean Unit ignation is initially r orded in the title V permit (e.g., because the a lIution control echnology is notyet in service), then thepermit 

### m t describe the event that will determine the expiration date (e.g.• the date e control technology isplaced into service). Once the expiration te is determined, the owner oroperator must notify the division of the exac teo The expiration date must be 

### added to the source's title V pe 'I 

### at the first opportunity, such as a modification. reopening, or renewal oft title V permit for any reason. whichever comes first. but in no case later an the next renewal. A statement indi ting that the emissions it qualifies as a Clean Unit and identifying thepol 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 work practice requirements adopted in conjunction with BA CTorLAER, ant! anyphysical or operational characteristics that formed the basis for the BA CTor UER determinatio (e.g., the emissions unit's capacity or throughput). Monitoring. recordlceeping, andreporting 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 operatormust conform to all the restrictions listed in**)~ctions** 

### XV .A. 7.a. throug 

### XV .A. 7.c. Section 

### XV.A. 7. applies independently to ebehpol/utant for whi the emissions unit has the Clean Unit designation.**Tha~** is,fat 'ng to conform t the restrictions for onepollutant 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 BA CTor 

### UER that is recorded in the majorNSR it, andsubsequently reflected in the title V n/y for that

permit. XV.A. 7.a. (i) The owner or oper. tor may not 

### Ice aphysicalchange in or change in the methodof 0 ration of the Clea Unit that causes the emissions unit to function in a Dnner that is inconsist=with thephysical or operational

. characteris' that formed the basis fo he BACTor UER determination (e.g., pos . /y the emissions unit's capacl or throughput). 

### \ XV .A. 7.a. (ii) The

### ~n Unit maynot emit above a level

### t~ has been offset. X'v.A.7.b. The ean Unit must comply with anyterms and

## cO~iOns in 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. 

## If

the emissions unit or control technology is replaced, then the 'Clean Unit
. designation ends. '\ 

# \ Offsets andnetting 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~** 

### Part D, Page 204 Regulation No.3 Revision 4/16/2004 

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

### e

reductio 

### Page 202

or be used forgenerating 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 qualifiedthe unit as a Clea Unit. However, if the Clean Unit reduces emissions below the level that qualiji the unit as a Clean Unit, then, the owner or operator may generate a credit for t

. erence between the level that qualifiedthe unit as a Clean Unit and the 

### ew e . 'Sion limitation ifsuch reductions are surplus, quantifiable,

### and~nent. For**pu7~.es** 

### of generating offtets, the reductions mustalSo be federally orceable. For purp of determining creditable netemissions increases anddeer ases, the must also be enforceable as apractical matter. / / 

### '-Y.A.9. ;/ ignation of an emissions unit is not affi ted

### by redesignation of of the area in which it is located. at is, if a 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, 

### if an existing Clean Unit designation

. es' it must re-quali under the requirements that are currently applicable in the a 

### XV.B. Clean UnitproVisions for emissi at achieve an emission limitation comparabkto BACTorLAER An owner oroperator of a major st ary source shall have the option of using the Clean Unit Test to determine wh er . 'Sions increases at a. Clean Unit arepart of aProject that is a majormodifi, ation acco ing to theprovisions in sectionsXY.B. 

### J. through XV.B. 

### J 

### 1. of thisPa,.,. 

### XV.B. 

### I. Applicability / , Theprovisions of se

# ~n XY.B. apply to emissions

# ~ts that do notqualify as Clean Units undersectio :A., 

### but that are achieving a**l~** 

### of emissions control comparable to B 'CTorLAER, as determined 

### by the divi&ion in accordance with sectionXV.B. \ 

### XV.B.2. Generalpn visions for Clean Units. \

# rie,~ions in 

### sections XY.B.

### 2.a. through XY.B.2.d. apply

### to

# ~ean Unit des;rated under section XY.B. XV.B.2.

. Anyproject for which the owner or operator begins actual cons etion after the effective date of the 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. 

### Regulation No.3 Revision 4/16/2004 

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### CR 6, 6-04 

### Page 203 All Ri 18 Reserved

XY.B.2.b. 

## If aproject at a Clean Unit does not cause the need for a change in the emission limitations or workpractice requirements in thepermitfor the unit/' that 

### have been determined (pursuant to section xv'B.4.) to 

### be comparable1io BACTor £AER, and theproject wouldnot alter anyphysical or operati al characteristics that formed the basis for determining that the emissio unit's control technology achieves a levelof emissions control comparabl 0 BA CT orLAER as specified in section XY.B.8.d., the emissions unit rem ns a Clean Unit. XY.B.2.c.

### roject causes the need for a change in the emission 

### Ii tations or work p'" tice requirements in thepermit for the unit that haveeen determined (Pu , nt to section xv'BA.) to be comparable to BAC or

### £AER, or the project'wouldalter anyphysical oroperational chan teristics that formed 

## , the basisJqr determining that the emissions unit's ntrol technology achieves a level of eintssions control comparable to BAC or UER as specified in sectionXY.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 sectionxv'B.J.d

. 

## If the owner or operator begins actual construction 

# n theproject with first applying to revise the emissiollS unit's perm the Clean Un' designation ends immediatelyprior to the time when actual co truction b ·ns. XY.B.2.d. unit to lose its designation as a Clean Unit uirements of sectiollS LA.J. through IB.2 and sions unit were never a Clean Unit. is subject to the applicability IBA. of this PartD as 

## if til 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 sectionsXV .B.J.a. throu xv'B.3.c. Afterthe 0 'nol Clean Unit designation expires in accordance 'th secti.'on XY.B. 

### 6. oris**lo~rsuant** to sectionxv'B.2.c., such emissiollS unit re-qualify as a Clean Unit. u7J4.er either section XV.B.3.d., or under the Clean Witprovisions in sectionXV.A.. To**re~ualify** as a Clean Unit under section XV,B.J.d,,(the emissions unitmust obtain 0 newp'e{mit issued pursuant to the requirements' sectionsxv'B.

### 7. andXY.B.8. andmeet all 'th.e criteria in section XV.B.3.d. division willmake a separate Clean Unit**de.si~tionfor** each pollutant itted by the emissions unit for which the emissions \**~it** qualifies as a CleanY'it. '\ 

## xv.B.3.a./ QualflYing

## ai'pollution controltecJmologies. \\ Airpollutant emissions from the emissions unit must be reduci through the use of airpollution control technology (which includespoilu

. n prevention as defined in section lB. 33. of PartA of this regulation r workpractices) that meets both thefollowing requirements in seetio XY.B.3.a.(i) andxv'B.3.a.(ii), below. 

## \ Regulation No.3 Part D, Page 206 

### Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-5

### Demonstrating control effectiveness comparable to current-day BACTand The owner or operator shalldemonstrate that the emissions unit 'scontrol techn is comparable to current-day BA CTorLAERforpurposes of section XY.B.3.a. .sectionsXV .B.3.a.(i} andXV.B.3.b. KV.B.3.d. 

### Page 204

The owner oroperator made an investment to install the technology. For thepurpose of this determination, an expenses to research the application of apollutionpT; 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 BACTorLAER according to the requirements of section KV.B.4. However, the emissions unit is noteli for the Clean Unit designation 

## if its emissions are not reduced belo level of a standard. uncontrolled emissions unit of the same type the BACTorLAER determinations to which it is compared ha in a determiTUltion that no 

### controlmeasures are required}.

XY.B.3.b. ble the .g., 

### if resulted
ntrol

. vestment includes ention technique to lutionprevention

. The divisi must determine that the all able emissions from the emissions un' will not cause or contri te to a violation of any national

. ambient air ity standard orPSD ncrement, oradversely impactan

air quality relate value (such as ibility) that has been identified for a Federal Class Jar by

### a Feder LandManager and for which information is avail e to the eneralpublic. XY.B.3.c. Date of installation An emissions unit**ma~** 

### as a Clean Unit even 

### if the control technology, on whic. the Clea it

### designation is based, was installed before the effectiv 'date of plan ,., uirements to implement the requirements oiJ is 

### section 

### XY.B.
. . However,for such emissions units, the owneror ator must apply for e 

### Clean Unit designation within twoyears ertheplan requirements orne ejJective. For technologies installed ertheplan requirements bee e effective, the owner or uali

operat must apply for 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 sectionsKV.B. 

### 7. andXY.B.8.) stating that the emissions nit's control technology is achieving a level of emission control compa ble to current-· day BACTorLAER, and the emissions unit must meet the r uirements in



### Regulation No.3

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### 27 CR 6, 6-04 Page 205 All Ri ts Reserved
according to eithersectionXY.B.4.a. orXY.B.4.b. Section xv.B.4.c. specifies the time for making this comparison. Comparison toprevious BACTandLAER determinations The U.S. EPA maintains an on-line data base of previous deter ofRACT, BACT. andLAER in the RACTIBACTa.AER Clean (RBLC). The emissions unit's control technology ispresumedto comparableto 

### LAER ifit achieves an emission limitation that is at Ie. t as stringent 

### as one ofthefive best-performingsimilarsources 1', which a LAER de rmination has been made within theprecedin 'liveyean, andfor whi information has been entered into the 

### RB. C. xv.B.4.a.(ii) The em' 'ons unit:r control technology is 

### R 'eSUmed to be comparable to BA CT if it hieves an emission limitatio lhat is equal to or better than the average the emission limitations chieved 

### byallsimilar sources for which a BAC LAER determinatio has been made within the precedingjivey 'S andentered i the RBLC. and for which it is tecJmically feasibl 0 apply the**~CT** orLAER control technology to the emissions unit.

I', oroperator may demonstrate t the emissions unu's control XY.B.4.a. (iii)

XY.B.4.b.
techn ogy is substantiallyas effective asBA. orLAER. In addition, any otl{ person maypresent evidence related to w ther the control te. nology is substantially as effective as BACT ·LAER during the blicparticipationprocess required undersection .B.7. 

### The division shall considersuch evidence on a case-by-case basis d determine whether the emissions unit's airpollution control techn ogy is substantially as effective as BACTorLAER. Time of comparison. Emissions units with control technologies that are installedbefor effective date of plan requirements implementing this section.

Part D, Page 208 

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### Page 206

xv.BA.c.(ii) The owner or operator of an emissions unit whose control technology is installed before the effective date of plan requirements implementing this section xv. may. at its option, either demonstrate that the emission limitation achievedby the emissions unit's control technology is comparable to theBA CTor 

### LAER requirements that appliedto s' sources at the time the control technology was installed, ordeni Irate that the emission limitation achievedby the emissions unit's 

### c trol technology is comparable to current-dayBACTorLAER irements. The expiration date of the Clean Unit designation willd ndon which option the owner oroperator uses, as specified in secti xv'B.6. issions units with control technologies that are i talledafter the

tive date of plan requirements implementing isparagraph. The 0 er oroperator must demonstrate that e emission limitation achieve the emissions unit's control tee . ology is comparable to CUTTent-d 'ACTprLAER requiremen orsimi/ar sources.

The e.ffective date of an emissl

nstrates that th ission limitation achieved by the XV.B.S. Effective date of the Clea



## xv.B.6. Clean Unit expiratipn.
emissions unit's control t n%gy is compara to the BACTorLAER requirements for simi/a 'Sources that applied at t time the control technology was installed, then the Cl n Unit designation expires t ars from the date that the control technology installed. For allother emissi units. the aeon Unit designation expi" 'S tenyears from 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 res for designating emissions units as Clean Units.

, diVision shall designate an emissions unit a Clean Unit only by is :ng apermit

. accordance with PartB orPart C of this regulation. including requir ,ents for public notice of theproposed Clean Unit designation and opportunity for blic comment (as set forth· in section IV. of this Part). Suchpermit must also mee requirements in sectionxv.B.8. ReqUiredpermit content. 

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### XY.B.

### 8. b. Thepermit requiredby

### 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 V pennit in accordance with Part 

### C of this regulation, but no later than when the title V permit is renewed. A statement indicating that the emissions unit qualifies as a Clean U itand identifying thepol/ulant(s)for which this designation applies.

e effective date of the Clean Unit designation. this date is not known when the division issues thep. 

### it (e.g., because

airpollution control technology is notyet in se ce), then thepermit m describe the event that will determine the efh live date (e.g., the date the c trol technology isplaced into service). ce the effective date is known, en the owneror operator must noti the division of the exact date. Th' ecific effective date must 

### be ad. ed to the source

# s title V permit at th ntopportunity, such as a 'odification, reopening, or renewal of th 'tle V permit for any re on, whichever comes first, but in nocase later 

### t the next renewal. XJl.B.8.c. The expiration date of 

## If

this date is not kno h the division issues thepennit (e.g., because the airpollution control 

### t ology is notyet in service), then thepermit 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 

### operatormust notify the division of the exact date. The ration date m t be added to the source's title V permit at the fir. 

### opportzmity, such a modification, reopening, or renewal of th 'tle V permit for 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, andanyphysical oroperational charaete' 'cs that formed the for determining that the emissions unit's control t hnology achieves a Iof emissions control comparable to BACTorLAER .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. Part D, Page 210


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

### enforceable as apractical matter .

.B.l l. 

### Effect of redesignatioll 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 sectionsXY.B.9.a.through XJ1.B.9.e. This sectionXJ1.B.9. a lies independently to eachpollutant for which the division has designated the em' ions nit a Clean Unit. That is,failing to conform to the restrictions for onepoll ant a ts the Clean Unit designation only for thatpollutant. XY.B.9.a. The Clean' Unit must comply with the emission limitation(s) a orwork aetice requirements adoptedto ensure that the control te nology continues to hieve emissr'on controlcomparable to BACTor 

### LAE.

. XY.B.9.b. The eror operator maynot malce aphysical chan 'e 

### in or change in the method operation of the Clean Unit that causes t 

### emissions unit to function in manner that is inconsistent with the l)'Sical or opUational characterist that formed the 

### basis for the del, ination that the control technology is a ieving a level of emission c Iro/that is comparable to



# xv.B.t

### O. Offsets andNetting at Cl XY.B.9.c. xv'B.9.d.
%V.B.9.e. BACTorLAER ., the emissions unit's rpacity

### or throughput).

terms andconditions in the title V nitdesignation.
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 "nettinganalysis.**~J,** 

### or be used for 

### 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, 

## if the Clean it reduces emissions below th evel that qualified the unit as a Clean Unit, then the eror operator may

### g, erate a credit for the difference between the level that qua . Jed the unit as a Cl Unit and the emissions unit's new emission limitation 

## if such uctions are su Ius, quantifiable, and permanent. Forpurposes of generating offse • the ductions must also be federally enforceable. Forpurposes of determim creditable net emissions increases anddecreases, the reductions must also e



### 'Regulation No.3

Revision 4/1612004 

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### q

r the 2004 Weil Publishing for the State ofColorado 

### 27 CR 6, 6-04 Page 209 All Ri ts Reserved

.



### The Clean Unit designation of an emissions unit is not affected by

### redesignation of the attainment status of the area in which it is located. That is. 

## if a 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, 

## if a Clea nit 's esignation expires or is lostpursuant to sectionsxy',A.2.c. andXY.B.2.c.•. lify under the requirements that are currently applicable. XVI PCP lusionproceduralrequirements. 

### XVI.A. Before an wner oroperator begins actual construction of a PC operator m 

### t submit an AirPollutant Emission Notice anda it application. 

## If theproject 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 exclusion from the d'

. ion consistent with the requirements in s 'on XVI.E. Theproject must meet t requirements in section XVI.B., andthe

. application must contain the in rmation required in section XVI. 

### C of this Part. XVI.B. 

### Anyproject that relies on PCP exclusion m meet the requirements in sections XVI.B.1. andXVLB.2. 

### XVI.B.l. Environmentally beneficial anal The environmental benefit from the sion reductions of pollutants regulated under theAct must outweigh the environm 1

### detriment of emissions increases in pollutants regulated under theAc A sta ment that a technology from sections

. 9.A.35.a. through ll.A.35f. is b. zng useds //bepresumed to satisfy this

requirement. 

### XVI.B.2. Airqualityanalysis. The emissions inere from theproject will not e or contribute to a violation of any national ambi t air qualitystandardorPSD**in~** 

### ent, oradversely impact an air quality relate value (such as visibility) that has bee

. entified for a Federal Class 

### I area b)J II 

### Federal LandManager and for 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 sectionsXVI. C. 

### l. through XVI.C.5.• 

### XVI.C.l. :4 description of theproject. 

### XVI.

.. Thepotential emissions increases anddecreases of anypol/utant regulated un Act and theprojected emissions increases and decreases using the methodology

. 

### Regulation No.3 Part D. 

### Page 

### 212 Revision 4/16/2004 

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

### hat will not**~n** 

### Page 210

sections LAA. through LB.4., that will result from theproject, and a copy of the environmentally beneficial analysis required bysection XVI.B.l. A description ofmonitoringand recordkeeping, andall other methods, to be us an ongoing basis to demonstrate that theproject is environmentally benefiCia

ethods should be sufficient to meet the requirements in the Code of Feder, lations Title 40, Part 70. XVI.C.4. 

### A ce . cation that theprojectwill be designed and operated in a rna consist t withproper industry and engineeringpractices, in a ma that is consiste with the environmentally beneficial analysis andair q lity analysis required bj 

### ectionsXVI.B.l. andXVLB.2., with information mitted in thepermit application, a in such a way as to minimize, within the**p~** 

### ical configuration and operationalsta rds usually associated with the emissio controldevice or strategy, emissio of collateralpollutants. XVI.C.S. 

### Demonstration that t 

### PCP will not have·an advers air quality impact (e.g., modeling, screening l modeling results, ora st tement that. the collateral emissions increase is incl 

### 'edwithin theparam ers used in the most recent modeling exercise) as requi d bysection .2. 

### An airquality impact analysis is not required for anypollutant erience a Significant emissions increase as a result of theproje XVI.D. 

### Permitprocess for listedprojects. Before an owner or operatormay ctual construction of apollution control project that is listed in sections .A. 

### 35.a. rough ll.A.38f. of this Part, theproject must be approved by 

### the div' nandreco,., in a constructionpermit (in accordance with the requir ents of Part B 0 

### his regulation) ora Title Y permit (in accordance with the req ements of Part 

### C oft

. regulation).

. 

### XVI.E. Before an owner r operatormay begin actualconstru . n 

### of apollution control project that is t listed in sections ll.A.35.a. through ll.A. 

### 5..[. of this Part, the project must approved by the division and recorded in a nstructionpermit (in accordanc. with the requirements of Part B of this regulation)· r a title V permit (in accorda ce with the requirements of Part 

### C of this regulation). e division will prov thepublic with notice of theproposedapproval. with ace to the en . nmentally benefiCial analysis and the air quality analysis, an rovide at least a iny-dayperiodfor thepublic and theAdministrator to submit com nts. The

ivision willaddress allmaterial comments received by the end of the co ment periodbefore takingfinal action on thepermit. Operational requirements.
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### 5 CCRIOOl-5 CODE OF COLORADO REGULATIONSCl 2004 Weil Publishing for the State ofColorado 

### 27 CR 6
.. 6-04 

### Page2ll All Ri ts Reserved


### Upon installation of the PCP. the owner or operator must comply with the requirements of**~ections** 

### XVI.F.!. through XVI.F.3., below. General duty.

e owneroroperatormust operate the PCP in a manner consistent withA i ustry and engineeringpractices. in a manner that is consistent with th en\! onmentally beneficialanalysis andair quality analysis required 

### b 'Sections 

### XVI.

. . andXVI.B.2.• 

### with information submitted in the notice or

### pe. it application require bysection 

### XVI.

# c.. and in such a way

### as to minimize. with' thephysical configura

. n and operational standards usually associated with e emissions controldeVl orstrategy. emissions of collateralpollutants. XVI.F.2. The owner or opera r must maintain copies on site of. e environmentally beneficial analysis. the air quail impacts analysis. andmonit 'ng andother emission records for a minimum of fiV(! y 

### rs toprove that the PCP' 

### operated consistent with the general duty requirements' sectionXVI.F.!.• a ove. The 

### requirement that sources ingpollu/io controlprojects maintain copies of the environmentally beneficialanal is, the a' quality impacts analysis. and monitoring and other emission records for a 'nim of fiveyears as 

### set out in this subsection XVI.F.2. shall not be federally enfCT ble andshall not be incorporated into the state implementationplan. 

### XVI.F.3. Pennit requirements. The owner or operatormus comply with any o\!isions in anypennit issued under this regulation related to e and approval ofth 

### XVI.F.4. reduction credits. Emission reducti createdbya 

### PCPshallnot be incl ed in calculatinga significant net 

### issions increase, orbe used forgenerati offsets, unless the emis.sions un' 'further reduces emissions after qualifyingfor e 

### PCP exclusion (e.g.• taking an 0 

### 'erational restriction on the hours of operation). owner or operator may gen ate a credit for the difference between the level of red tion that was used to qua . for the 

### PCP exclusion and the new emission /imitation i ch reductions are rplus. quantifiable. and permanent. Forpurposes of generatin offsets. the 

### r: ctions must also be federally enforceable. Forpurposes of detenn ing editable net emissions increases anddecreq.ses, the reductions must a be enforceable as apracticalmatter. Actuals 

### PALs. Applicability. Regulation No. 3 Part D, Page 214 Revision 4/16/2004 

### CODE OFCOLORADO REGULATIONS 5 CCR 1001-5

### Page 212

.A.I. At the request of an owner or operator, the division may approve the use of an
\ actuals PAL in a title V permit for any existing majorstationary source that has operpted for at least twoyears if the PAL meets the requirements in sections XVIL through

### XVIl.L. The term "P AL " shall mean "actuals PAL" throughout sectio of this Part. 

### xvn.A.2.A phy$ical change in or change in the methodof operation of a major 'ationary sou e that maintains its total source-wide emissions belowthe PAL 

### I I, meets the requ ents in sectionsXVlI.A. through XVIIL., and complies with e PALpermit: XVII.A.2.a. t a. majormodification for the PALpollutant; XVII.A. 2. b. Is not bject to the majorNSR reviewprocedures in of this P,

.. and

limitations, andwork practice,., iremen effective date of the PAL. 

## xvn.B. XV/IA. 2. c. 

### Is notsubjec to theprovisions in section J1.A.5.

. of thisPart (restrictions on relaxing enfor able emission limitations tha he majorstationarysource usedto avoid aF. icability of the majorNS program). 

### XVII.A.3. Except asprovided unders tionXJlILA.2.c. a ve, a majorstationarysource shall continue to comply with alla licable Fedtm 

### 7or State requirements, emission that were establishedprior to the



### Aspart of apermit application Ii questin PAL, the owner or operator of a major stationarysource shall submit e following

. (ormation to the divisionfor approval (in addition to the informati n requiredbyPa 

### C of this Regulation): 

### xvn.B.l. A list of all emissions u ts at the source designa'ted assmall (as defined in section //.A.47. of this Part), 'Pijicant (as defined in secti Il:A..46. of this Part), and major (as defined i "Section H.A.22. of this Part) bas on theirpotential to emit, and identifying each such. In addition, the owner or Ope7i or of the source shall indicate which, 

## fJ any, Federal orState applicable requi,., ents, emission limitations or work pra ces apply to each unit. 

### XVII.B.2. Calculat' 

# ns of the baseline actualemissit?nsfor each emissio nit listed in section XVIJ.B
. above (with supporting documentation). Baseline actua fl!"issions are to incl e emissions associatednot only with operation of the unit, butYllso emissions as iated with startup, shutdown and malfunction. \ The calculationprocedures that the majorstationary source owner or

# o~~tor proposes to use to convert the monitoringdata to monthly emissions and an al emissions basedon a twelve-month rolling total for each month as reqUired section XVIlM.J. Regulation No.3 Part D, Page 215 Revision 4/16/2004 

### S CCR 1001-5 CODE OF COLORADO REGULATIONS<0 2004 Weil Publishing for the State ofColorado 

### 27 CR 6, 6-04 Page 213 AU Ri ts Reserved



### General requirements for establishing PALs. 

### C.I.A PAL may be establishedat a majorstationary 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 tonsperyea ,that is enforceable as apracticalmatter,for the entire major stationary ceo For each month during the PAL ejJectiveperiodafter the first IWelv. months of establishing a PAL, the miljorstationary source owneror op ator shall

monstrate that the sum of the monthly emissionsof the P. 

### pollutant from ea emissions unit under the PAL for theprevious twelv consecutive months is l than thePAL (a rol/ing twelve-month total). For ach month during the first e en months from the PAL effective date, the rjor stationary source owner 0 

### tperator shalldemonstrate that the sum thepreceding monthly emissions the PALpollutant for each emissio unit under the PAL is less than the P XVo. C.l.b. The PAL shall tablished in a PALP it section of an operatingpermit issued pursuant to art C 

### of this regula!' n that meets thepublicparticipation requirements in secN XYllD. XYlIC.l.c. XYlIC.J.d. missions, to the extent quantifuzble,from all thepotential to emit the PALpollutant at the
XVII. 

### C. J. e. 

### XVII. 

### C. J

## .f. Each PAL shall h e a PAL effectivepe . d of ten years. XYlIC.J.g. The owner or tpeTator of the 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 thePAL effectiveperiod. 

### XVD.C.2. A.t no time,rOuring or after the PAL effectiveperiod) are 

## emu . ns reductions of a PALpoll tant, which occur during the PAL effectiveperiod, ere 'table as decreases forpu 

### oses of offsets under section V. 

### unless the level of the P
. reduced by the amo t of such emissions reductions andsuch reductions wouldbe editable in the ab 'ence of the PAL. 'Publicparticipation requirement for PALs. PALs for existing majorstationary sources shall be established. renewed, or increased in accordance with the Significant modificationprovisions set forth in section I.A. 7.of Part C of this regulation. The division shallprovide thepublic wit Regulation No.3 Part D, Page 216 Revision 4/16/2004 

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

### Page 214

notice of theproposed approval of a PALpermit anda thirty-dayperiod for submittal of

public comment. Setting the ten-year actuals PAL level.

e actuals PAL level for a major stationary source shall 

### be establishedas e sum of tn baseline actual emissions (as defined in section 0..4..4. of thisPartD) 

## if the PAL pol ant for each emissions unit at the source, plus an amount equal tq he appli Ie significant level for the PALpollutant undersection II..4..4.

. of thisPart,· or

# una he FederalAct, whichever is lower. 

### XVII.E.2. When estab

. hing the actuals PAL levelfora PALpoliutant, 0 

### one consecutive twenty-four m 

### thperiod may be usedto determine the base e actual emissions for all existing emis 'ons units. However, a different consecuti 

### e twenty-four month period may

### be us 

### or each different PALpollutant. 

### XVII.E.3. Emissions associated "th units that werepermanen 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 monthperiod, in lieu of adding 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 thepotential to emit of the units. 

### XVll.E.5. The division shallspecify a reduc P 

### evel(s) (in tons/yr) in the PALpermit to become ejJective on thefttwe 

### c rpliance te(s) of any applicable Federal orState regulatory requirement(s) tha the division" ware of prior to issuance of the PAL permit. For instance, 

### if the urce owner or 0 

### ator will be required to reduce emissions from industrial oilers in half from line emissions of 60ppmNOrto a new rule limii of 30pp , 

### then thepermit shall co in a future effective PAL level that is equal to the

. ent PAI 

### level reduced by ha the original baseline emissions of such 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 of the PAL (pAL .' period). Specification in the PALpermit that 

### if a majorstationary source owner or ope'" r applies to renew a PAL in accordance with section XVIII. before the endof the P 

### Regulation No.3 Revision 4/16/2004 

### Part D, 

### Page 217


### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSaer section XVII.N. by the required

eems necessary to implement and enforce 2004 Weil Publishing for the State ofColorado 

### 27 CR 6, 6-04 

### Page215 All Ri hts Reserved 

# / " effectiveperiod, then the PAL shall not expire at the end of thePAL effectiveperiod. It shall remain in effect until a revisedPALpermit is issued by the division. A requirement that emission calculations for compliance determinationpurpos include emissions from startups, shutdowns andmalfunctions. 

### XVII.F.5. equirement that, once the PAL expires. the major stationary source is the quirements of section

### XVILH. \ XVll.F.6. The ca lationprocedures that the majorstationarysource owner r operatorshall use to co ert the monitoring data to monthly emissions andann 

### 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 stationarysource owner or 0 erator monitor all emissions units in ccordance with theprovisions under "ection }(vll.K. 

### XVII.F.8. A reqUirement to reta the records required unders ction XVlI.M. on site. Such records may be retain 'n an electronic format. 

### xvn.F.9. A requirement to submit the deadlines. 

### xvn.F.l O.Any otherrequirements that the the PAL. 

### XVII.G. Reopening of the PALpermit. 

### XVII.G.t.During the PAL effectiveperi



### XVI1G.2. The d' 'sion has discretion to reopen the PALpermit 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 apractical matter. and that the division may impose on the majorstatio source. XVIIG.J.a.
XVII.G.J.b.

XYlIG.J.c. Correct typograph' all calculation erro made in setting the PAL or reflect a more accurate d ermination of emissions edto establish the PAL. Reduce the 1'. if the owner oroperator of

## t~.~jor stationary source creates crt¢itable emissions reductionsfor use offsets undersection V.A.3. of thisprlrt/).\\ \. R
. the PAL to reflect an increase in the PAL as

### p~vided under section 

### J \



### Regulation No.3 Revision 4/16/2004 

### CODE OF COLORADO REGULATIONS 5 CCR 1001-5 hie as ry

### Page 216

XYIIG.2.c. Reduce the PAL 

## if the division determines that a reduction is necessary to avoid causing or contributing to a NAAQS orPSD 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 and for which info ation is available to the generalpublic, cept for thepermitreopening 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 thepublicpartici requzr, ents of sectionXVlI.D. ther ion 

## xvn.H. AnyPAL that is ot renewed in 

### accordance with theproce res in section XY1I.l shall expire at the d of the PAL effectiveperiod, and t 

### requirement3 in sections XVll.Hl. through 'I.H.5. shallapp/y. xvn.H.1.

### Each emissions unit (or ach group of emissions u 13)

### .that existed under the PAL shall comply with an allo ble emission limitati n under a revised permit established according to theprocedures 'n sectionsXVII. .1. 

### through XVD.H.5. o/thisPart. XVIIH.1.a.

XVIIH.1.b. The division s 

### 1/ determine whether and ho the PAL allowable emissions edand issue a revised permit· orporatingallowable 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 mayapprove the of monitoring 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 oreach I 

### emissions unit, or each group of emissions units, as required undersection XVIIH.J.a., the source shall continue to comply with a source-Wide, multi-u emissions cap equivalent to the level of the PAL emission limitation. 

# / / .

Regulation No.3 Part D, Page 219 Revision 4/16/2004 

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

### The sum of thepotential to emit of all emissions units under th supponing documentation}. Anyother information the owner or operator wishes the division to c in determining the appropriate level jor renewing the PAL. 

## e 2004 Weil Publishing for the State ofColorado 

### 27 CR 6, 6-04 Page 217 All Ri 15 Reserved



### lIRA. Anyphysicalchange orchange in the methodof operation at the majorstationary source will 

### be subject to the majorNSR 

### requirements if such change meets the definition of major modification in section IlA.23. of this Part 

### D. The major stationary source owner or operatorshall continue to comply with ny

ate orFederal applicable requirements that may have applied eitherdu

. 'g 

### the P 

### effectiveperiod or prior to the PAL effectiveperiod except for those mission limi tions that had been establishedpursuant to sections 

### V...4. 7.b. and 

### .B.4. of this Part. t were eliminated by the PAL in accordance with theprovisi in section XVIlA

. .. 

### XVII.!. XVll.I.l. The division 

### SM allow theproceduresspecified in sectio XVII.D. in approving any request to renew a 'AL 

### for a majorstationary source, a shallprovide both the proposedPAI. 

### level d a written rationale for thepro osedPAI. 

### level to thepublic for**revi~and** 

### comm During suchpublic review. anyperson maypropose a P AI. 

### level for the source for

### c 

### XVTI.I.2. Application deadline. ideration bythe divisi •

A majorstationary source owne oropera r shallsubmit a 

### timelyapplication to the divison to request renewal of a 

### P
. A

. ely application is one that 

### is submittedat least twelve monthsprior to, but no rlier than eighteen months from. the date of P

AI.

### permit expiration. This deadli r appliciltion submittal is to ensure that the permit will not expire before the it renewed. 

## If the owner oroperator of a majorstationarysource submit a comple application, including any additional information requestedby the Ivision, to ren thePAL within this timeperiod, 

### then the P AI. 

### shall continue to effective until the

. ed permit with the renewedP AI.


### XVTI.I.3.

The nformation reqUired in sections

### xvn.B.l. throug XVII.I.3.a. XVIlL

### 3.b. The application t renew a P AI.

### permitshall contain th sectionsXVIll .a. through XVIIJ.3.d., below. is issued.

PAL adjustment. 

### Regulation No. 3 Revision 4/16/2004 

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

### XVIIJ.l.a. 

### Page 218

In determining whether and how to adjust thePAL, the division shall consider the options outlined in sections XVII.14.a. andXVIl14.b. However, in no case may any such adjustment fail to comply with section XVILI.4.c. 

## If

the emissions level calculated in accordance with section XVII.E. is ual to orgreater than eightypercent of the PAL level, the division may ren the PAL at the same level without considering the factors set forth 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 of the 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 other factors as . speCifical identifiedby the dvision in itsprelimi ry analysis or technical review docu en!. XVIII.4.c. XVlI.I.4.c.(i) 

## If thepotential t mit of the major ationary source 

### is less than the PAL, the division shall a 'ust the PAL a level no greater than thepotential to ·emit of the source; a XVlI.I.4.c.(ii) The division shall not aR'" a renewedPAL levelhigher than the

. current PAL, unless the

. r stationarysource 

### has compliedwith the provisions of section 

### 1.J.· creasing a PAL). 

### xvn.I.5. lfthe compliance datefora St te orFedera equirement that applies to the PAL source occurs during the P effectiveperlo, nd 

### if the division 

### has not already adjusted for such requiTi ent, the PAL shall be djusted at the time of P

ALper,mit renewal or title Yperm' renewal, whichever oc first. 

## xvn.J. Increasing a PAL d ring the PAL effectiveperiod. 

## xvn.J.l. increase a PAL emission limitation only' the majorstationary with theprovisions in sectionsXVlI.J.l.a, ough XVII.J.l.d. below.
r? 

### owner oroperator of the major stationarysources IIsubmit a complete rpplication to request an increase in the PAL limit for a major modification. Such application shall identify the emissions 't(s) contributing to the increase in emissions so as to cause the majorstationa ource's emissions to equal or exceed its PAL. Aspan of this application, the majorstationary source owner or op tor shalldemonstrate that the sum of the baseline actual emissions of the s emissions units,plus the sum of the baseline actual emissions of the significant and major emissions units assuming application o/BACT 

### / Regulation No.3

Revision 4/16/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS02004 Weil Publishing for the State ofColorado 

### 27 CR 6,6-04 

### Page 219 All Ri ts Reserved

equivalent controls.plus the sum of the al10wable emissions of the new or modifiedemissions unit(s) exceeds the PAL. The level of control that would result from BA CTequivalent controls on each significant or major emissi unit shal1 be determined by conducting a new BA CTanalysis at the tim the application is submitted. unless the emissions unit is currently requin to comply with a BACTorLAER requirement that was established wi in the preceding tenyears. In such a case, the assumed control level fOt; hat emissions unit shall be equal to the level of BA CTorLAER wit which that missions unit must currently comply. xvn.J.l.c. Th owner or operator obtains a majorNSRpermit for emissions unit(s) ident ed in section XV11.J.l.a., regardless of the ma tude of the emissions increas resultingfrom them (that is, no significant els apply). These emissio nit(s) shal1 comply with any emissions equirements resultingjrom the major 

### 'Rprocess (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 PALpermits 11 require that the inCTi edPAL level shal1 be effective on the day any em' 'ons unit that ispa of the PAL major modification becomes operational d begins to e t the PALpollutant. 

### XVllJ.2. 11re division shall calculate the n PAL s the sum of the al10wable emissions for each modifiedornew emissions un p the sum of the baseline actual emissions of the significant andmajor emissions its (assuming application of BACTeqUivalent controls as determined in accorda e "th sectionXVII.J.l.b.), plus the sum of the



### Regulation No.3 Revision 4/16/2004 XV/LK.l.a. Each 

### P. permitshall contain enforceable requir entsfor the monitoring syste that accurately determinesplantwide emissio te s of massper unit of time. Any monitoring system thorizedfor use in t e PALpermit must be basedon soundscience andme enerally acceptable scientificprocedures for data quality andmanip lation. Additionally, the information generated bysuch system must et minimum legal requirements for admissibility in ajudicialproceeding to oree the PALpermit.
. The PAL monitoring system must employ one or more of the four gen al monitoring approaches meeting the minimum requirements setforth in sectionsXVll.K.2.a. through XVILK.2.d. and must he approved by the division. baseline actual emissions of the all em' sions units. XVTI.J.3. 11re PALpermitshall be,.,

. -ed to reflect th 'ncreasedPAL levelpursuant to the public notice requirements 

## 'if sectionXVII.D. this Part. 

### XVTI.K. XVTI.K..l. GeneralRequirem



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

### xvn.K..3. Mass Balance Calculations. (as defined in sections LB.!j 

### andLB. 36, 

### respectively, of lance calculations for activities using cootin Failure to 

### we a monitoring system that meets the requirements of this. renders the PAL invalid. Notwithstanding section XYll.K.!.b., you mayalso employ an alternative monitoring approach that meets the requirements ofsectionXVII.K.!.a. 

### if approved by

### the division.

um PeiformanceRequirements forApprovedMonitoringAppro wing are acceptablegeneral monitoring approaches wh with the minimum requirements in sectionsXVI1K3

An owner oroperator using mass la e calculations to monitorPAI.

### pollutant emissions from activities using coa' orsolvents shall meet the following 

### Page 220

The fo accord an 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 thepublished content of the PAL pollutant that is cont nedin or creat by 

### all materials used in orat the emissions unit; XV/IK.3.b. Assume that th emissions unit emits all of e PALpollutant that is contained in orcreate any raw material or fuel use 'n 

### orat the emissions unit, 

### if it cannot oth

. e be

### accounted for in theproc . and XV/IK.3.c. Where e vendor of a material or fuel. which is us in orat the emissions unit, blishes a range of pollutant content from such aterial. the owneror oF- 

### rator must use the highest value of the 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 monitorPALpollutant emissions shall following requirements:
Regulation No.3 Revision 4/16/2004 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS·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 applicablePerformance Specifications**fo~nd** in the Ox/e of Federal Regulations Title 40, part 60, appendix B, andPart 

### 75; an CEMSmustsample, analyze and recorddata at least every fifteen minu while the emissions unit is operating. 

### XVllX.S. An 0 eror operator using 

### CPMSorPEMS to monitorPALpo/luta shall 

### m t the following requirements: XVII.K.5.a. The 

### 'PMS orthe PEMS must be baaed on current site oS: ecific data demo ating a correlation between the monitored 

### p. ameter(s) and the PAL pollutan missions across the range of operation 0 the emissions unit; and XVll.K.5.b. Each 

### CPU r PEMSmustsample, analyze, a record data at least every fifteen minutes, orat another lessfrequent in rvalapproved bythe division, while the emissi unit is operating. XVD.K.6. Emissionfactors. An owner or operaior using em ion facta 'S to monitorPALpollutant emissions
XVIIK.6.a. shallmeet thefollowing requirem ts: Allemissionfactors shall 

### be degree**~funcertainty** orIi tati'usted, ijappropriate. to account for the

. in thefactors'development; XVII.K. 6.

### b. 'n the designated range of use for the
XVILK..6.c. lftechnicallyp'"' icable, the owner or op ator of a significant emissions unit that relies. n an emission factor to cal ate PALpollutant emissions shall condu validation testing to determine a ite-specific emission factor within six onths of PALpermit issuance, unles. testing' not required. 

### XVll.K.7. 

### A source 0 er or operator must record andreport maximum without 

### c nsidering enforceable emission limitations or operati al restrictions for an em ions unit during anyperiod of time that there is no monit "ng data, unless anot method for determining emissions during suc,.hperiods is sp ified in thePAL it. otwithstanding the requirements in sections XVlI.K.3. through XVII.K. 

### 7., where an owneror operator of an emissions unit cannot demonstrate a correlation be een the monitored parameter(s) and the PALpollutant emissions rate at all operating oints of the emissions unit. the division shall, at the time of permit issuance:



### Part D, Page 224 Regulation No.3 Revision 4/1 

### 6/2004 

### CODE OF COLORADO REGULATIONS 5CCR 1001-5ired by the .N.I.a.

r The identification of owner andoperator and thepermit number. Total annual emissions (tons/year) based on a twelve-month rolling total each month in the reportingperiod recordedpursuant to section XVII.K. J O. The s i-annual report shall besubmittedto the division within thi of ch reportingperiod. This report shallcontain the information re

o e Vpermit. section V.C.7.a. of Part 

### C of this regulation, andsections hroughXVIlN.J.g., below. 

### Page "222

Establish default valuers) for determining compliance with the PAL basedon the highestpotential emissions reasonably estimated at such operating point(s); or Determine that operation of the emissions unit during operating condo ons when there is no correlation between monitored parameter(s) and t PAL pollutant emissions is a violation of the PAL. 

### XVll.L. All data d to establish the PALpollutant must be re·validated rough performanc testing or otherscientifically valid means appro by the division. Such testing must 0 at least once every frveyears after issuan of the PAL. 

### XVll.M. XVTI.M.l. The PALpermit shal**~uire** an owner oroperator t retain a copy of all records necessary to determine mpliance with any requin ent of sectionXVII. of this Part and of thePAL, including determination of eac emissions unit's twelve-month rolling total emissions,for years from the te of such record. 

### XVll.M.2. The PALpermit shall require a records for the duration of theP XVIl.M.2. a. A copy of the PALpermit ap'

. tion andany applications for revisions io the PAL,' and 

### XVll.M.2.b.

The owner or**~pera** r shallsubmit semi-annual mon oring reports andprompt deviation reports the division in accordance with the quirements of the applicable title penmit andsection V. C. 7. of Part C oft· regulario". The reports shall meet th equirements in sectionsXV11.K.II.a. throuK< 1.K.II.c. below. XVll.N.



### Regulation No.3 Revision 4/16/2004 

### 5 CCR 1001-5 

### CODE OF COLORADO REGULATIONS

### the informationprovi in the repa

reports of any devialio. or

or that was exceeded; Q 2004 WeB Publishing for the State ofColorado 

### 27 CR 6,6-04 Page 223 All Ri ts Reserved



### AII dat(/. relied upon, including, but not limited to, any QualityAssurance or Quality Control data, in calculating the monthly and tl1J1ItUI1 PALpollutant emissions shall be made available upon request by the division•. A list of any emissions units modified or added to the major**stationa~** 

### ouree dUring thepreceding six-monthperiod. The number, duration, and cause of any deviations ormonitori malfUnctions (other than the time associated with zero ands ec/cs), andany corrective action taken. XV11.N.l.f A no . cation of a shutdown of anymonitoringsystem, ether the shutdown wasp anent or temporary, the reasonfor the shut wn, 

### the anticipated date tha e monitoringsystem will be fully operat' nal or replacedwith anotherm itoring system, whether the emissio unitlllmonitored by

### the monitoring tem continuedto operate,and c**cu/atio~** 

### of emissions from those units.as vided by

### sectionXVlI.K. 

### 7. this Part. XVII.N.l.g. A signedstatemen the responsible o§ ial (as defined in section LB.38. of PartA of this regula

. 11) certifying th th, accuracy, andcompleteness of

. xvn.N.2. 

### Deviation report.
owner oroperator shallpromptly submit eedance of the PAL requirements, includingperiods 

### w e no mo 'toring is available. A report submitted pursuant to sectio V.C.7.b.ofR 

### C of this regulation shallsatisfy this reporting requi ent. The deviati reports shallbe submitted within the time limitspn cribed by

### section V.
. .b. of Part 

### C The reports shall contain the 1/owing information: XVIJ.N.2.a. The identifi. 'alion of ownerand operator andt permit number; XVIJ.N.2.b. XVIJ.N.2.e. Em' 'Sions resulting from the deviation or the exceed a XVIl.N.2.d. signedstatement by

### the responsible official (as defined I 

### section.LB.38. of PartA of this regulation) certifying the**truth~** 

### accuracy, and mpleteness of the informationprovided in 

### the report. e-validation results The owner or operator shall submit to the division the results of any reva/ida ormethodwithin three months after completion of such test or method.

Part D, Page 226 

### Regulatjon No.3 Revisjon 4/16/2004 

### CODE OF COLORADO REGULATIONS 

### 5CCR100l-5

### Page 224



### XVII.O. 

## If anyprovision of this section, on of suchprovision to anyperson or circumstance, 

### is held

. '. e remainder 0 'on, orthe application of such 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 Revision 4/16/2004 

### S CCR 1001-5 CODE OF COLORADO REGULATIONS**.~** ...... ....__..**~-_._** .....

### __._...._ ..__

### ._..

### _-_ .._ ..._--­