# STATE OF COLORADO

John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH, Executive Director and ChiefMedical Officer 

### COLORADOAIR QUALITY CONTROLCOMMISSION http://www.cdphe.state.co.us 4300 Cherry Creek Drive South OED-OLRA-A5 Denver, Colorado 80246-1530 Phone (303) 692-3100 Fax (303) 691-7702 TDD (303) 691-7700



### May 11,2012

James B. Martin Regional Administrator US EPA RegionVIII 1595 Wynkoop Street Denver, Colorado 80202 Dear Mr. Martin: RECEIVED U.S. EPA Region 8 

### RA'sOffice 

## MAY 

# 16 2012 Colorado Department ofPublic Health and Environment



### The following action is submittedto EPA for final approval and incorporation into the Colorado State ImplementationPlan (SIP) pursuantto 40 CFRPart 51, Appendix V, 2.1(a). One hard copy and a CD ofthematerials needed for your review ofeach action are included withthis letter.

• RegulationNumber 3: Parts A, B and D -TheAir Quality Control Commission (Commission) modifiedthe permitting requirements for stationary sources in Colorado. These revisions primarily incorporate into state regulation changes to the federal New Source Review (NSR) Programrelated to the National Ambient Air Quality Standards (NAAQS) for fine particulate matter less than 2.5 microns in diameter (PM2.5). Second, the Commissionrevisedthe regulationto address several recent EPA actions where past rule revisions adopted bythe Commission were disapproved by EPA. Third, the Commission deferredpermittingrequirements for biogenic sources ofcarbon dioxide emissions to ensure consistency with federal greenhouse gas permittingrequirements. Colorado'sbiogenic sources ofcarbon dioxide emissions (such as landfills, ethanol plants, watertreatment facilities, the combustion offorest residues and agricultural materials) were granted a three-year deferral from permitting requirements. Fourth, the Commissionmade miscellaneous revisions and correctedtypographical, grammatical and formatting errors. We look forward to yourtimely review and approval ofthis request. 

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### The Office ofthe Colorado Air Quality Control Commissionmay submit any additional technical support documentation orinformationthat you may need for reviewdirectlyto the EPA. Should there be any questions regarding these materials, please contact the Air Quality Control Commission Office at 303-692-3478. Thankyou. Sincerely,

Christopher E. Urbina, MD, MPH Executive Director and ChiefMedical Officer Colorado Department ofPublic Health and Environment

cc. MarthaRudolph Mike Silverstein MarkKomp

# Regulation Number3

ADMINISTRATIVE MATERIALS Copies ofthefollowing administrative materials are includedinthis submittal ofrevisions to RegulationNumber 3. Hearingheld on October 20, 2011.

• HearingNotice and Proposed Language as Published inthe CCRand onthe CommissionWebsite the 40 CFR Part 51 Appendix V2.1(f) 

### Please disregard any materials related to Parts C, E, F, and G. These provisions were revised at the State level but not meant for inclusion into the.Federal SIP. They are being included for informational purposes only. • Meeting Agendawhere Public Hearing Occurred andNotice publishedinthe Legal Ads oftheDenverPost 40 CFR Part51 Appendix V2.1(/) 

### • Procedural Documents ofthe Commission (this includes the AgendaItem Control Sheet, the Memorandum ofNotice,the Economic Impact Analysis) • Parties Hearing Documents (this includes a list ofthe parties, the partiesprehearing statements and rebuttal statements, and any orders bythe Commission

- - do not include all the attachments from the parties) • EPA Comments 40 CFR Part51 Appendix V2.1(h) 

### • Public Comments 40 CFR Part 51 Appendix V2.1(h) 

### • Adopted Statement ofBasis, Specific Statutory Authority and Purpose • Adopted Language bythe Commission (inredline & 

### footer noting adoption date and page numbers) Please disregard any materials related to Parts C, E, F, and G. These provisionswere revised at the State level but notmeantfor inclusion into the Federal SIP. They are beingincluded for informational purposes only. • Colorado Air Quality Control CommissionMeeting Minutes 40 CFR Part51 Appendix V

### 2.1

### (g) 

### • Legal Opinion ofthe Colorado State Attorney General40 CFR Part51 Appendix V 2.1(c) and(e) 

### • Regulation or Regulation Revisions as publishedinthe Colorado Code ofRegulations (this is the versionthat is publishedbyLexisNexis) 40 CFR Part51 Appendix V 2.1(b) 

### Please disregard any materials related to Parts C, E, F, and G. These provisionswere revised at the State level but not meant for inclusion into the Federal SIP. They are beingincluded for informational purposes only.

# HearingNotice and ProposedLanguage as Published inthe CCR 40 CFR Part51 Appendix V2.1(f)

I

# STATE OF COLORADO

John W. Hickenlooper, Governor Christopher E. Urbina, MD, MPH, Executive Director and ChiefMedical Officer Dedicated toprotecting and improving the health and environment ofthepeople ofColorado 

### COLORADOAIR QUALITY CONTROL COMMISSION http://www.cdphe.state.co.us 4300 Cherry Creek Drive South, EDO-AQCC-A5 Denver, Colorado 80246-1530 Phone (303) 692-3100 Fax (303) 691-7702 TDD (303) 691-7700 ColoradoDepartment ofPublic Health and Environment 

## NOTICE OFPUBLIC RULEMAKING HEARING BEFORE THE COLORADOAIR QUALITY CONTROL COMMISSION Regarding proposedrevisions to: 

## Regulation Number3, Parts A, B, C and D SUBJECT: The Air Quality Control Commissionhold arulemaking hearing to considerrevisions to RegulationNumber 3, Parts A, B, C, and D_ Proposedrevisions primarily address federal changes to the New Source Review (NSR) Program related to PM2.5 National Ambient Air Quality Standards (NAAQS); these proposedrevisions are necessary for consistent state implementation ofthe federal NSRprogram. In addition, the Division is proposingrevisions that address several recent Environmental Protection Agency (EPA) State Implementation Plan (SIP) actions in which EPApartially disapproved various SIP revisions. The Division is also proposing to incorporate into Colorado's PSD and Title V PermittingPrograms EPA's Deferral ofBiogenic Sources ofC02 Emissions to ensure consistent state implementation ofgreenhouse gas (GHG) regulation underthe federal Prevention ofSignificant Deterioration (PSD) and Title V Permitting Programs. Finally, the Division is proposing to make other miscellaneous revisions and to correct typographical, grammatical and formatting errors. Proposed revision details are provided below. Note the revisions to RegulationNumber 3; Parts A, B, and Dare SIP revisions. Regulation Number 3, Part C houses Colorado's Title V Operating Permitting Program, which is a delegated program. Thus, revisions to RegulationNumber 3, Part Carenot SIP revisions. Source affected by this proposal include PM2.5 and C02 emission sources, as well as open burning sources, mobile sources, stationary internal combustion engines, emergency generators, oil and gas surface water impoundments, deaerator/vacuum pump exhaust, and air curtain destructors.

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### HEARING SCHEDULE: 

### DATE: October 20,2011 TIME: 9:00AM PLACE: Colorado Department ofPublic Health and Environment 4300 Cherry Creek Drive South, Sabin Conference Room Denver, CO 80246 The hearingmay be continuedatsuchplacesandtime as the Commission mayannounce. Interested

parties may contact the Commission Office at303-692-3476to confirm meetingdates andtimes. PUBLIC COMMENT: 

### The Commission encourages all interested persons to provide theirviews either orally at the hearing or in writing priorto or at the hearing. The Commissionespecially solicits comments and analyses from persons who will incur directly some cost orbenefitfrom the proposed revisions. Public testimony will be taken as close to the start ofthe hearing as possible and during the hearing as necessary. Written and/orelectronic submissions are requested, but not requiredto be submittedpriorto the hearingto allowreviewpriorto presentation atthe hearing. Written and/or electronic submissions shouldbe mailedto the Commission Office at least 14 days priorto the hearing. PARTY STATUS: 

### In orderto obtain party status atthe hearing, compliance with several requirements as defined in the Commissions Procedural Rules is necessary. A petitionfor party status mustbe filed by electronic mail with the Office ofthe Air Quality Control Commissionno laterthan close of business on August 18, 2011. 

### The petition must: I) identify the applicant; 2)provide the name, address, telephone and facsimile numbers, andemailaddress of the applicants representative; and3) brieflysummarize what, 

## if any,policy,factual, andlegal issues the applicant has with the proposal(s) as of the time of filing the application. 

### Electronically mailed copies must also be received, bythis same date, by the Division staffpersonandthe AssistantAttorneys General representing the Division andthe Commission identifiedbelow. Any person may petition the Commissionto file documents in paper copy format ifthey are unable for any reasonto comply withthe requirements of 1.3.8(2) ofthe Commission's Procedural Rules. An original and a specified number ofpapercopies mustbe filed inthe Office ofthe Air Quality Control Commission, Colorado Department ofPublic Health and Environment, 4300 Cherry CreekDrive South, Denver, Colorado 80246. Individuals may also obtainparty status throughthe submittal ofan initial alternative ruleto the proposedrule. The submittal ofan alternative proposal mustbe accompaniedby an electronic copy ofthe initial alternativeproposedrule and all other associated documents as required bythe Commission's procedural rules and mustbe filed by electronic mail withthe Office ofthe Commissionbythe date specified for party status requests. Initial alternative rules mustalso be filed by electronic mail withthe Division staffperson and with each ofthe Assistant Attorneys General.

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### Theresa L. 

### Martin Air Quality Control Commission 4300 Cherry CreekDrive South, EDO-AQCC-A5 Denver, CO 80246 Theresa.Martin@state.co.us 

### Attorney for the Commission William Allison Attorney General's Office 1525 Shermari Street, 7th

### Floor Denver, CO 80203 William.Allison@state.co.us Dena Wojtach Air Pollution Control Division 4300 Cherry Creek Drive South, APCD-B 1 Denver, CO 80246 Dena.Wojtach@state.co.us 

### Attorneys for the Division Tom Roan Attorney General's Office 1525 Sherman Street, 7th 

### Floor Denver, CO 80203 Tom.Roan@state.co.us Requests received beyondthe above stated deadline shall only be consideredupon a written motion for good cause shown. The Commissionreserves the right to deny party status to anyone that does not comply withthe Commission'sprocedural rules. 

### STATUS CONFERENCE: A status conference will be held 

### August 25,2011 at 2:00 p.m., atthe Department ofPublic Health and Environment to ascertain and discuss the issues involved, and to ensure that parties are making all necessary efforts to discuss and resolve such issues priorto the submission of prehearing statements. Attendance at this status conference is mandatory for anyone who has requestedparty status. 

### PREHEARING CONFERENCE/PREHEARING STATEMENTS: Attendance at the prehearing conference is mandatory for all partiesto this hearing. A prehearing conference will be held 

### September26,2011 at2:00p.m. in the Commission Offices at 4300 Cherry CreekDrive South, Denver. All parties must submit by electronic mail a prehearing statementto the Commission Officeby close ofbusiness 

### September 19,2011. In addition, electronically mailed copies ofthese documents mustbe delivered by that date to all persons who have requested party status. A copy ofthe prehearing statement must also be electronically mailed to the Divisionpoint ofcontact and each ofthe Assistant Attorneys General identified above by close ofbusiness 

### September 19, 2011. Anyrevisions to the prehearing statement must be submittedto the Administrator ofthe Commission at the prehearing conference and by electronic mail to the Commission Office on the day ofthe prehearing conference. Any exhibit included inthe prehearing statements will be electronicallymailed to individual Commissioners for reviewpriorto the hearing, providedthe party files electronic copies ofsuch exhibit. Rebuttals to the prehearing statement may be submittedto the Commission Office and all otherparties byclose ofbusiness 

### October4, 2011.

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### EXCEPTIONS TO FILE DOCUMENTS BYELECTRONIC MAIL: 

### The Commission's Procedural Rules provide for an exceptionto file documents by electronic mail. Ifgranted an exceptionto electronic filing pursuantto the provisions of 1.3.8(3) ofthe Commission's Procedural Rules, the applicant for party status shall file an original and fifteen copies ofthe prehearing statement inthe Office ofthe Air Quality Control Commission, and shall also deliver copies to each otherparty, applicant for party status, the AssistantAttorneys General representing the Commission and Division, and the Division staffperson for the proceedings, by electronic mail or as otherwise providedbythe exception granted under Subsection 1.3.8(3), bythat same day. STATUTORYAUTHORITYFORTHE COMMISSION'SACTIONS: 

### The Colorado Air Quality Control Commission (AQCC) promulgatesthis regulation pursuantto the authority granted under Colorado Revised Statutes, Sections 25-7-105(1 )(c), (authorityto adopt a preventionofsignificant deterioration program); 25-7-109(1)(a) (authority to require the use ofair pollution controls); 25-7-109(2)(a) (authority to adopt emission control regulations pertainingto visible pollutants); and 25-7-114.4(1) (authorityto adoptrules for the administration ofpermits). The rulemaking hearing will be conductedin accordance with Sections 24-4-103 and 25-7-110, 110.5 and 110.8 C.R.S., as applicable and amended, the Procedural Rules ofthe Commission and as otherwise stated inthis notice. This list ofstatutory authority is not intended as an exhaustive list ofthe Commission's statutory authority to act inthis matter. Dated this 22nd day ofJuly 2011 at Denver, Colorado Colorado Air Quality Control Commission

Michael Silverstein, Administrator

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## DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 

## Air Quality Control Commission REGULATION NUMBER 3 STATIONARY SOURCE PERMITTING AND AIR POLLUTANT EMISSION NOTICE REQUIREMENTS

5 CCR 1001-5 Outline of Regulation PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND PERMITTING PARTB PARTC**CONCERNI~G** 

### CONSTRUCTION PERMITS CONCERNING OPERATING PERMITS PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND PREVENTION OF SIGNIFICANT DETERIORATION PARTE RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS PART F REGIONAL HAZE LIMITS- BEST AVAILABLE RETROFIT TECHNOLOGY (BART) AND REASONABLE PROGRESS (RP) PARTG STATEMENTS OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE Regulation Number3 Style Guide Many provisions ofthis Regulation Number 3 have been approved by the U.S. EPA for incorporation into Colorado's State Implementation Plan (SIP). Some provisions are currently under review bythe U.S. EPA The following guide to the font styles used in this Regulation Number 3 can be used to identify those provisions that have been adopted by the Air Quality Control Commission and are currently under review by the U.S. EPA 

### *Italicizedtextwill become effective when the U.S. EPA approves that language for incorporation into the state implementation plan *Underlined text will be effective until the U.S. EPA approves the italicized text for incorporation into the state implementation plan 

### PART A CONCERNING GENERAL PROVISIONS APPLICABLE TO REPORTING AND PERMITTING I. Applicability 

### I.A. The provisions ofthis Part A shall apply statewide to all sources ofair pollutants except as otherwise provided herein. 

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# ,The portions ofRegulation Number3printedin italics are not effective until the date on which the 

### U.S. EPA promulgates a final rule adopting the revisions to Regulation Number3 as a permanentpart ofthe state implementation plan. All sources ofair pollutants that have previously obtained an emissions permit (priorto July 1, 1992) or a construction permit, and are subject only to the Part 8 Construction Permit Program, may choose to reapply for a new construction permit pursuant to Part 8 ofthis Regulation Number 3 in order to obtain the operational flexibility provided in Section IV. ofthis PartA, orto obtain federally enforceable limitations to limitthe source's potential to emit ("synthetic minor"). Sources ofair pollutants that are subject only to the Part 8 Construction Permit Program mayvoluntarily apply for an Operating Permit pursuant to Part C. Pursuantto Colorado Revised Statutes Section 24-4-103 (12.5), materials incorporated by reference are available for public inspection during normal business hours, or copies may be obtained at a reasonable costfrom the Technical Secretary ofthe Air Quality Control Commission (the Commission), 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined atthe State Publications Depository and Distribution Center. Materials incorporated by reference are those editions in existence as ofthe date ofthis regulation as promulgated or revised by the Commission and references do not include later amendments to or editions ofthe incorporated materials. 1.8. Definitions 1.8.1. Administrative Permit Amendment. 

### I.8.1.a. A permit revision that: 1.8.1.a.(i) Corrects typographical errors; 1.8.1.a.(ii) Identifies a change in the name, address, or phone numberof any person identified in the permit, or provides a similar minor administrative change atthe source; 1.8.1.a.(iii) Requires more frequent monitoring or reporting by the permittee; 1.8.1.a.(iv) Allows for a change in ownership oroperational control ofa source where the Division determines that no other change in the permit is necessary, provided that a written agreement containing a specific date fortransfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Division; 1.8.1.b. An administrative permit amendmentfor purposes ofthe acid rain portion ofa permit shall be governed by regulations promulgated underTitle IVofthe Federal Act, found at Code of Federal Regulations Title 40, Part 72. 1.8.2. Administrator The administrator ofthe U.S. Environmental Protection Agency (U.S. EPA). 1.8.3. Adverse Environmental Effect As a term used in the context of regulating hazardous air pollutants, any significant and widespread adverse effect, that may reasonably be anticipated, to wildlife, aquatic life, orother natural resources, including adverse impacts on populations ofendangered orthreatened species orsignificant degradation ofenvironmental quality over broad areas.

### 1.8.4. Affected States All states whose air quality may be affected by issuance ofan operating permit, operating permit modification, or operating permit renewal and that are contiguous to Colorado; and/or all states that are within fifty miles ofa permitted source. 1.8.5. Affected Unit A unit that is subject to any acid rain emissions reduction requirement oracid rain emissions limitation pursuant to Title IVofthe Federal Act or regulations promulgated there under, in the Code of Federal Regulations Title 40, Part 72. 1.8.6. Air Pollutant Means carbon monoxide, nitrogen oxides, sulfur dioxide, PM10, PM2.5, total suspended particulates, ozone, volatile organic compounds, lead, all pollutants regulated under Section 111 ofthe Federal Act (Regulation Number 6), all hazardous air pollutants, and all class I and class II ozone depleting compounds as defined and referenced in Section 602 ofthe Federal Act. 1.8.7. Allowable Emissions The emissions rate ofa stationary source calculated using the maximum rated capacity ofthe source (unless the source is subject to federally

### enforceable, orenforceable as 

### apracticalmatter, 

### permit conditions that restrict the operating rate or hours ofoperation, or both) and the most stringent ofthe following: 1.8.7.a. The applicable standards promulgated pursuant to the Federal Act for new source performance or hazardous air pollutants; 1.8.7.b. The applicable Colorado Emission Control Regulation; or /.B. 7.c. 

### The emissions rate specified as a federally

### enforceable, or enforceable as 

### a practicalmatter, 

### permit condition, including those with 

### a future compliance date. 

### 1.8.8. Annual Actual Emissions The actual rate ofemissions ofa pollutant, excluding excess emissions from a malfunction, or startups and shutdowns associated with a malfunction. Annual actual emissions shall be calculated using the source's actual operating rates, and types of materials processed, stored, or combusted during the calendar year. 1.8.9. Applicable Requirement Means all ofthe following as they apply to emissions units in a source subject to operating permit requirements ofthis regulation (including requirements that have been promulgated orapproved by the U.S. EPA through rulemaking atthe time of permit issuance but have future effective compliance dates); 1.8.9.a. Any term or condition ofany construction permit issued pursuant to Part 8 ofthis Regulation Number 3, orany such term orcondition as modified by procedures authorized by the operating permit program pursuant to Parts 8 and C ofthis Regulation, orany permit issued under Part Cor Part D ofthe Federal Act, except that state-only permit terms orconditions shall remain enforceable solely pursuant to state law; 

# (1.8.9.b. Any standard or other requirement provided for in the state implementation plan; 1.8.9.c. Any standard orother requirement under Section 111 ofthe Federal Act (New Source Performance Standards), including Section 111(d) ofthe Federal Act (Standards of Performance for existing sources) (Regulation Number 6); 1.8.9.d. Any standard orother requirement under Section 112 ofthe Federal Act (hazardous air pollutants, including any requirement concerning accident prevention under Section 112(r)(7) ofthe Federal Act) (Regulation Number 8) but not including the contents ofany risk management plan required under Section 112(r) ofthe Federal Act; 1.8.9.e. Any requirements for monitoring and compliance assurance monitoring methods and procedures to ensure compliance with permit requirements, including periodic monitoring and testing, and compliance certifications, established pursuant to Sections 504(b) or 114(a)(3) ofthe Federal Act; 1.8.9.f. Any standards or other requirement underthe Code of Federal Regulations Title 40, Part 72 (acid deposition control); 1.8.9.g. Any standard orother requirement governing solid waste incineration; 1.8.9.h. Any standard or other requirementfor consumer and commercial products; 1.8.9.i. Any standard orother requirement ofthe regulations pro.mulgated to protect stratospheric ozone underTitle VI ofthe Federal Act, exceptwhere the Administrator has determined such requirement need not be contained in an operating permit (Regulation Number 15); 1.8.9.j. Any national ambient air quality standard or increment orvisibility requirement under Part C ofTitle I ofthe Federal Act, but only as it would apply to temporary sources permitted pursuantto Part C ofthis Regulation Number3. 1.8.10. Carbon Dioxide Equivalent (C02e) A metric used to compare the emissions from various GHG classes based upon their global warming potential (GWP). The C02e is determined by multiplying the mass amount ofemissions (tons per year), for each GHG constituent by that gas's GWP, and summing the resultant values to determine C02e (tons peryear). The applicable GWPs codified in 40 CFR Part 98, SubpartA, Table A-1 -Global Warming Potentials are hereby incorporated by reference as in effect as of October 30, 2009, but not including later amendments. 1.8.11. Commence, also Commence Construction When the owner or operator has obtained all necessary pre-construction approvals or permits required by federal, state, or local air pollution and air quality laws and regulations and has either; (a) begun, or caused to begin, a continuous program of physical onsite construction ofthe source, or (b) entered into binding agreements orcontractual obligation that cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program ofactual construction ofthe source to be completed within a reasonable time. The following activities do not require the owner or operator to obtain a permit: 1) planning; 2) site clearing and grading; 3) ordering ofequipment and materials; 4) storing ofequipment; 5) setting up temporary trailers to house construction management staff and contractor personnel; 6) engineering and design; and 7) geotechnical investigation. In the eventthatthe source does notqualify for issuance ofa permit, the owner or operator accepts the financial risk ofcommencing these activities.1.8.12. Commencement ofOperation A new source commences operation when it first conducts the activity that it was designed and permitted for (i.e., producing cement or generating electricity). I.8.13. Construction Permit Means the same as an emission permit as required under Part 8 ofthis regulation as it existed priorto July 1, 1992, and is the permit required under Colorado Revised Statutes Section 25-7- 114.2 after July 1, 1992. 1.8.14. Continuous Emissions Monitoring System (CEMS) Allofthe equipmentthatis required to meetthe data acquisition andavailabilityrequirements of PartD ofthis Regulation orof

### a permitissuedin accordance with Parts B orC ofthis regulation, to sample, condition (ifapplicable}, analyze, andprovide 

### a record ofemissions on 

### a continuous basis. I.8.15. Continuous Emissions Rate Monitoring Systems (GERMS) The total equipmentrequired forthe determination andrecording ofthe pollutantmass emissions rate (in terms ofmassperunit oftime). 1.8.16. Continuous ParameterMonitoring System (CPMS) Allofthe equipmentnecessaryto meet the data acquisition andavailabilityrequirements ofPart D ofthis Regulation, to monitorprocess andcontroldevice operationalparameters (forexample, control device secondary voltages andelectric currents) andotherinformation (forexample, gas flow rate, 02 orC02 concentrations), and to recordaverage operationalparameterva/ue(s) on 

### a continuous basis. I.8.17. Criteria pollutants Those pollutants for which the U.S. EPA has established national ambient air quality standards, including: carbon monoxide, nitrogen dioxide (direct emissions and as a precursor to ozone and PM2.5), sulfurdioxide (direct emissions and as a precursor to PM2.5), PM10, PM2.5, total suspended particulate matter, ozone, volatile organic compounds (as a precursorto ozone), and lead. Forthe purposes ofAir Pollutant Emission Notice reporting, criteria pollutants shall also include nitrogen oxides, fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced sulfur compounds, municipal waste combustor organics, municipal waste combustor metals, and municipal waste combustor acid gases. I.8.18. Designated Representative Means a responsible natural person authorized by the owners and operators ofan affected source and ofall affected units at the source, as evidenced by a certificate of representation submitted in accordance with Subpart 8 ofCode of Federal Regulations, Title 40, Part 72, to represent and legally bind each owner and operator, as a matter of law, in matters pertaining to the acid rain program. Wheneverthe term responsible official is used, it shall be deemed to refer to the designated representative with regard to all matters underthe acid rain program. I.8.19. Draft PermitMeans a proposed form ofa permitthat is released to the public for an opportunity for public comment and hearing, and for affected state review priorto the Division's final decision on a permit application. 1.8.20. Existing Source An air pollutant source that has been constructed, is in operation, or has received an initial approval ofa construction permit prior to the effective date ofapplicable requirements. 1.8.21. Fugitive Dust For purposes ofthis Regulation Number3, fugitive dust means soil orother airborne particulate matter (excluding particulates produced directly during combustion) resulting from natural forces orfrom surface use or disturbance, including, but not limited to, all dustfrom agriculture, construction, forestry, unpaved roads, mining, exploration, orsimilar activities in which earth is either moved, stored, transported, or redistributed; exceptthat fugitive dust shall not include any fraction ofsuch soil or other airborne particulate matterthat is ofa size or substance to adversely affect public health orwelfare. 1.8.22. General Permit Means a single permit issued to cover numerous similar sources. 1.8.23. Greenhouse Gas (GHG) Means the aggregate group ofthe following six greenhouse gases: carbon dioxide (C02), nitrous oxide (N20), methane (CH4), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). These gases are treated in aggregate based on the total carbon dioxide equivalent (C02e) as the pollutant GHG. See definition for carbon dioxide equivalent (C02e). 1.8.24. Indirect Source A facility, building, structure, or installation, orany combination thereof, excluding dwellings, which can reasonably be expected to cause or induce substantial mobile source activity that results in emissions ofair pollutants that might reasonably be expected to interfere with the attainment and maintenance of National AmbientAir Quality Standards. 1.8.25. Major Source Any stationary source or group ofstationary sources belonging to the same industrial grouping (see Section 1.8.43. ofthis PartA), that are located on one or more contiguous or adjacent properties and are under common control ofthe same person (or persons under common control) that: 1.8.25.a. Directly emits, or has the potential to emit considering enforceable controls, in the aggregate, ten tons peryear or more ofany hazardous air pollutant ortwenty-five tons per year or more ofany combination of hazardous air pollutants, orsuch lesser quantity of hazardous air pollutants as may be established pursuantto the Federal Act. Emissions from any oil orgas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units orstations are major sources, and in the case ofany oil or gas exploration or production well (with its associated equipment), such emissions shall not be aggregated for any purpose

### under this provision. Fugitive emissions shall be considered in determining whether a stationary source of hazardous air pollutants is a major source. I.B.25.b. Directly emits, or has the potential to emit, one hundred tons per year or more ofany pollutant subject to regulation. Fugitive emissions shall not be considered in determining whether a source is a major source for purposes of this Section 1.8.25.b., unless the source belongs to one ofthe following categories of stationary sources: 1.8.25.b.(i) 1.8.25.b.(ii) I.8.25.b.(iii) 1.8.25.b.(iv) I.B.25.b.(v) 1.8.25.b.(vi) 1.8.25.b.(vii) Coal cleaning plants (with thermal dryers); Kraft pulp mills; Portland cement plants; Primary zinc smelters; Iron and steel mills; Primary aluminum ore reduction plants; Primary copper smelters; 1.8.25.b.(viii) Municipal incinerators capable ofcharging more than 250 tons of refuse per day; 1.8.25.b.(ix) Hydrofluoric, sulfuric, or nitric acid plants; 1.8.25.b.(x) Petroleum refineries; 1.8.25.b.(xi) Lime plants; I.B.25.b.(xii) Phosphate rock processing plants; 1.8.25.b.(xiii) Coke oven batteries; 1.8.25.b.(xiv) Sulfur recovery plants; 1.8.25.b.(xv) Carbon black plants (furnace process); I.B.25.b.(xvi) Primary lead smelters; 1.8.25.b.(xvii) Fuel conversion plants; I.B.25.b.(xviii) Sintering plants; 1.8.25.b.(xix) Secondary metal production plants; 1.8.25.b.(xx) Chemical process plants; 1.8.25.b.(xxi) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input; 1.8.25.b.(xxii) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

### I.B.25.b.(xxiii) Taconite ore processing plants; 1.8.25.b.(xxiv) Glass fiber processing plants; 1.8.25.b.(xxv) Charcoal production plants; I.B.25.b.(xxvi) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; or 1.8.25.b.(xxvii) Any other stationary source categories regulated by a standard promulgated as ofAugust 7, 1980 under Section 111 or 112 ofthe Federal Act, but only with respect to those air pollutants that have been regulated forthat category. 1.8.25.c. Meets any ofthe definitions of major stationary source setforth in Section II.A.24. of Part D ofthis Regulation Number 3. 1.8.26. Minor Source Any stationary source that does not qualify as a major source (as defined in Section 1.8.25. above). 1.8.27. Mobile Source Motorvehicles and other sources ofair pollution that emit pollutants while moving and that commonly do not remain at one site (one or more contiguous or adjacent properties owned or operated by the same person or by persons under common control}, but does not include portable sources. I.8.28. Modification Any physical change in, or change in the method ofoperation of, a stationary source that does not meetthe definition of major modification (as defined in Section II.A.23. of Part D ofthis regulation), and that increases the emission rate ofany pollutantfor which a federal or state emission standard has been promulgated orthat results in the emission ofany such pollutant previously not emitted. The following exceptions apply: I.B.28.a. Routine maintenance, repair, and replacement shall not be considered a physical change; I.B.28.b. Unless previously limited by enforceable permitterms and conditions, the following shall not be considered to be a change in the method ofoperation: 1.8.28.b.(i) An increase in the production rate ifsuch increase does not exceed the design capacity ofthe source and does not lead to emissions in excess ofthe emission standards; I.B.28.b.(ii) An increase in the hours ofoperation that does not lead to emissions in excess ofthe emission standards. I.B.28.b.(iii) 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 underthe Federal Power Plan and**lndu~trial** 

### Fuel Act of

### 1978 (or any superseding legislation) or by reason ofa natural gas curtailment plan in effect pursuant to the Federal PowerAct; 1.8.28.b.(iv) Use ofan alternative fuel by reason ofan order or rule under Section 125 ofthe Federal Act; or 1.8.28.b.(v) Change in ownership ofthe source. 1.8.28.c. Emissions resulting from construction and exploration shall be excluded in determining whether a modification will occur. Emissions from oo**~ongoing** 

### construction, and emissions from natural gas flaring are not considered to be temporary emissions, and are included in determining whether a modification will occur. 1.8.28.d. This definition shall not be used as a definition of major modification or minor permit modification (as defined in Section I.A.2. of Part C ofthis regulation)-- these are distinct and separate definitions. 1.8.28.e. Any physical change or change in the method of operation at a source with an operating permit issued pursuant to Part C ofthis Regulation Number3, that does not constitute a major modification (as defined in Part D, Section II.A.22. ofthis Regulation Number 3) and that does not trigger new source performance standards or hazardous air pollutant requirements underthe Federal Act is not considered to be a modification; exceptthat any such change shall triggerthe provisions of Part 8, Section III.D.1.a. through III.D.1.g., and Part C, Sections X.A., and Part C Sections XII.A. orXll.8., as appropriate. forAdministrative PermitAmendment see Section I.8.1. of Part A for Minor Permit Modification, see Section I.A.2. of Part C for Major Modification, see Section II.A.22. of Part D for Permit Modification, see Section I.A.3. of Part C for Permit Revision, see Section 1.8.34. of Part A for Significant Permit Modification, see Section I.A.?. of Part C 1.8.29. New Source A stationary air pollution source, other than an existing source; or any source that resumes operation after being inactive for more than one year after having been shut down for the purpose ofeliminating emissions that violated any applicable emission control regulation or regulation for the control of hazardous air pollutants. 1.8.30. Non-criteria Reportable Pollutants The list of pollutants set forth in Appendix 8 and those ozone-depleting compounds listed in Section 602 ofthe Federal Act. 1.8.31. Non-Road Engine 1.8.31.a. Except as discussed in Section 1.8.31.b. ofthis definition, a non-road engine is an internal combustion engine: 1.8.31.a.(i) In or on a piece ofequipment that is self-propelled orserves a dual purpose by both propelling itselfand performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or

### I.B.31.a.(ii) In oron a piece ofequipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or I.B.31.a.(iii) That, by itselfor in or on a piece ofequipment is portable or

1.8.31.b. transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia oftransportability include, but are not limited to wheels, skids, carrying handles, dolly, trailer or platform. An internal combustion engine is not a non-road engine if: 1.8.31.b.(i) The engine is used to propel a motorvehicle or a vehicle used solely for competition, or is subjectto standards promulgated under Section 202 ofthe Federal Act; or I.B.31.b.(ii) The engine is regulated by a federal New Source Performance Standard promulgated under Section 111 ofthe Federal Act; or· I.B.31.b.(iii) The engine otherwise included in Section I.B.31.a.(iii) ofthis definition remains orwill remain at a location for more than twelve consecutive months or a shorter period oftime for an engine located as a seasonal source. A location is any single site ata building, structure, facility, or installation. Any engine (or engines) that replaces an engine ata location and that is intended to perform the same orsimilar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at leasttwo years) and that operates at a single location approximately three months (or more) each year. This Section does not apply to an engine afterthe engine is removed from the location. 1.8.31.c. (State-only Requirements) Non-road engines not co-located at an existing major source An operatorofa non-road engine as defined in Section 1.8.31.a.(iii), above, with a manufacturer's site-rated horsepower of 1,200 or greater, oran aggregation of such non-road engines each with a manufacturer's site-rated horsepowerof 1,200 or greater, that operate morethan 4,380 hours peryear atthe same location are subjectto the following state-only requirements: · I.B.31.c.(i) Submit an air pollutant emission notice and pay the appropriate fees pursuant to Section VI. of Part A ofthis regulation; I.B.31.c.(ii) Submit an application for a site-specific, temporary, non-road engine permit on forms supplied by the Division ifthe estimated annual actual emissions reported on the Air Pollutant Emission Notice, as required by Section I.B.31.c.(i), are equal to or exceed one hundred tons per year or more of nitrogen oxides, 100 tons peryear or more ofcarbon monoxide, or forty tons per year or more ofsulfur dioxide. After receipt and review ofa complete application, the Division shall issue a state-only non-road engine permit containing such terms and conditions as are necessary to protect the ambient air quality standards.

### 1.8.31.c.(iii) The operator ofa non-road engine that is exempt based on hours ofoperation orthe annual emissions thresholds described above, must maintain sufficient records to verify that the engine orengines are exempt from the state-only reporting and permit requirements. Such records shall be made available for Division review upon request. 1.8.31.d. (State-only Requirements) Non-road engines co-located at an existing major source of nitrogen oxides and sulfurdioxide An operator ofa non-road engine oraggregation ofengines each with a manufacturer's site-rated horsepower of 1,200 orgreater, and are non-road engines under Section 1.8.31.a.(iii) ofthis definition, are subject to the following state-only requirements: 1.8.31.d.(i) Submit an air pollutant emission notice and pay the fees required by Section VI. ofthis Part; 1.8.31.d.(ii) Submit an application for a site-specific, temporary, state-only non-road engine permit on forms supplied by the Division ifthe estimated annual actual emissions reported on the air pollutant emission notice, as required by Section 1.8.29.d.(i), are equal to orexceed forty tons peryear or more of nitrogen oxides, one hundred tons peryear or more ofcarbon monoxide, orforty tons peryear or more ofsulfur dioxide. After receipt and review ofa complete application, the Division shall issue a temporary state-only non-road engine permit containing such terms and conditions as are necessary to protect the ambient air quality standards. 1.8.31.d.(iii) The operator ofa non-road engine that is 1,200 horsepower or greater, but is exempt on the basis ofthe annual emissions thresholds described above, must maintain sufficient records to verify that the engine orengines are exemptfrom the state-only reporting and permit requirements. Such records shall be made available for Division review upon request. 1.8.32. Operating Permit Unless the context suggests otherwise, any permit orgroup of permits covering an operating permit source that is issued, renewed, amended or revised pursuant to Part C ofthis Regulation Number 3. 1.8.33. Operating Permit Source Any source subject to the permitting requirements of Part C ofthis regulation. 1.8.34. Permit Revision Any permit modification, minor permit modification, oradministrative permit amendment. No permit revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program provided that such increases do not require a permit revision under any other applicable requirement. 1.8.35. Pollution Prevention Any activity that through process changes, product reformulation or redesign, orsubstitution of less polluting raw materials, eliminates or reduces the release ofair pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, ordisposal. Thisdefinition does not include recycling (otherthan certain "in-process recycling" practices), energy recovery, treatment, or disposal. 1.8.36. Portable Source A source such as, but not limited to, asphalt batch plants and aggregate crushers that commonly and by usual practice is moved from one site to another. A source will not be considered portable if it remains on one site for more than two years. 1.8.37. Potential to Emit The maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical oroperational limitation on the capacity ofthe source to emita pollutant, including air pollution control equipment and restrictions on hours ofoperation oron the type or amount of material combusted, stored, or processed, shall be treated as part of its design ifthe limitation orthe effect itwould have on emissions is state enforceable and federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. 1.8.38. Predictive Emissions Monitoring System (PEMS) All ofthe equipmentnecessary to monitorprocess andcontrol device operationalparameters (for example, control device secondary voltages andelectric currents) andotherinformation (for example, gas flowrate, 02 orC02 concentrations), andcalculate andrecord the mass emissions rate (forexample, lblhr) on 

### a continuous basis. 1.8.39. Regulated Air Pollutant Nitrogen oxides orany volatile organic compounds, except as listed in the definition of negligibly reactive volatile organic compounds in the Common Provisions regulation; any pollutant for which a national or state ambient air quality standard has been promulgated; any pollutantthat is subject to any standard promulgated under Section 111 ofthe Federal Act (Regulation Number 6); any class I or II substance subject to a standard promulgated underorestablished by Title VI ofthe Federal Act; any pollutant subjectto a standard promulgated under Section 112 orother requirements established under Section 112 ofthe Federal Act, including Sections 112(g), 

### U), and (r) ofthe Federal Act; and any pollutant subject to a standard promulgated pursuantto Colorado Revised Statutes Section 25-7-109.3(5)(a), (state-only hazardous air pollutants listed in Section 25-7-109.3(5)(a) are subjectto state enforcement only and do nottrigger enforcement by the Administrator or by citizens under Section 304 ofthe Federal Act.) Once a source becomes subject to the operating permit requirements, regulated air pollutants must be addressed in the permit application and in the permit. I.8.40. Responsible Official One ofthe following: 1.8.40.a. For a corporation: a president, secretary, treasurer, orvice president of the corporation in charge ofa principal business function, or any other person who performs similar policy ordecision making functions for the corporation, ora duly authorized representative ofsuch person ifthe representative is responsible for the overall operation ofone or more manufacturing, production, oroperating facilities applying for orsubject to a permit and either:

### I.B.40.a.(i) The facilities employ more than two hundred and fifty persons or have gross annual sales orexpenditures exceeding twenty-five million dollars (in second quarter 1980 dollars); or I.B.40.a.(ii) The delegation ofauthority to such representative is approved in advance by the Division; I.B.40.b. For a partnership orsole proprietorship: a general partner orthe proprietor, respectively; I.B.40.c. For a municipality, state, federal, orother public agency; either a principal executive officer, or ranking elected official. Forthe purposes ofthis section, a principal executive officer ofa federal agency includes the chief executive officer having responsibility forthe overall operations ofa principal geographic unit ofthe agency; or I.B.40.d. For affected 

### sources: I.B.40.d.(i) The designated representative in so far as actions, standards, requirements, or prohibitions underTitle IVofthe Federal Act or the regulations, found at Code of Federal Regulations Title 40, Part 72, promulgated there under are concerned; and I.B.40.d.(ii) The designated representative underTitle IV ofthe Federal Act or the Code of Federal Regulations Title 40, Part 72 for any other purposes underthe Code of Federal Regulations Title 40, Part 70. 1.8.41. Schedule ofcompliance A schedule of required measures, including an enforceable sequence ofactions oroperations, leading to compliance with an applicable state implementation plan, emission standard, emission limitation, emission prohibition, or emission control regulation. 1.8.42. State-only Condition Means any standard, term orcondition that is not required by Part C ofthis regulation (Title V Operating Permits), Part D ofthis regulation (major New Source Review), Title Ill (hazardous air pollutants) or Section 111 (New Source Performance Standards) ofthe Federal Act, is not required to be federally enforceable to participate in the early reductions program, is not required to create a federally enforceable emissions limitation in order to create a synthetic minor source (as defined in Section I.A. ofthis Part), or is otherwise more stringent than a requirement under the Federal Act. 1.8.43. Stationary Source Any building, structure, facility, or installation, or any combination thereof belonging to the same industrial grouping that emits or may emit any air pollutant subject to regulation underthe Federal Act, that is located on one or more contiguous oradjacent properties and that is owned or operated by the same person or by persons under common control. Those emissions resulting directly from an internal combustion engine for transportation purposes or from a non-road engine as defined in Section 1.8.29. ofthis Part shall not be considered a stationary source. Building, structures, facilities, equipment, and installations shall be considered to belong to the same industrial grouping ifthey belong to the same major groups (i.e., have the same two-digit codes) as described in the Standard Industrial Classification Manual, 1987, but not later amendments. See National Technical Information Service, Order Number PB 87-100012. The manual is 

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### available for examination atthe office ofthe Director ofthe Air Pollution Control Division, Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. for Affected Source see Section I.A.1. of Part C for Existing Source, see Section I.8.20. of PartA for Indirect Source, see Section 1.8.24. of PartA for Major Source, see Section 1.8.25. of Part A for Major Stationary Source, see Section II.A.26. of Part D for Minor Source, see Section 1.8.26. of Part A for Mobile Source, see Section 1.8.27. of PartA for New Source, see Section 1.8.29. of PartA for Portable Source, see Section 1.8.36. of Part A forTemporary Source, see Section 1.8.45. of Part A 1.8.44. Subject to Regulation For any air pollutant, thatthe pollutant is subjectto either a provision in the Federal Act, ora nationally-applicable regulation codified by the Administrator in Subchapter C of40 CFR Chapter I ofthe Federal Act, that requires actual control ofthe quantity ofemissions ofthe pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions ofthat pollutant released from the regulated activity, except that: 1.8.44.a. GHG shall not be subjectto regulation except as provided in Sections 1.8.44.d. through f. ofthis PartA. 1.8.44.b. For purposes ofSection 1.8.44.c. through e., the term C02e ofthis Part 

### A, shall represent an amount ofGHG emitted, and shall be computed as follows: 1.8.44.b.(i) Multiplying the mass amount ofemissions (tpy), for each ofthe six GHGs in the pollutant GHG, by the gas's associated GWP published atTable A-1 to SubpartA of Part 98 of40 CFR as in effect October 30, 2009, which is hereby incorporated by reference, but not including later amendments. For purposes ofthis paragraph, priorto [DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL DEFERRAL RULE]. the mass ofthe greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion ordecomposition of non-fossilized and biodegradable organic material originating from plants. animals, or micro-organisms (including products. by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes. including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material). 1.8.44.b.(ii) Sum the resultant value from Section 1.8.44.b.(i) ofthis PartA, for each gas to compute a tpy C02e. 1.8.44.c. The term emissions increase as used in Sections 1.8.44.d. through e. of this PartA, shall mean that both a significant emissions increase (as calculated using the procedures in Section II.A.22 of Part D) and a significant net emissions increase (as defined in Sections II.A.26, and II.A.42 of Part D) occur. Forthe pollutant GHG, an emissions increase shall be based on tpy C02e, and shall be calculated assuming the pollutant GHG is a regulated NSR pollutant, and significant is defined as 75,000 tpy C02e instead ofapplying the value in Section II.A.42.b. of Part D.

### I.B.44.d. Beginning January 2, 2011, the pollutant GHG is subject to regulation concerning major stationary source newsource review and prevention of significant deterioration if: I.B.44.d.(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHG, and also will emit orwill have the potential to emit 75,000 tpy C02e or more; or I.B.44.d.(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHG, and also will have an emissions increase ofa regulated NSR pollutant, and an emissions increase of 75,000 tpy C02e or more. I.B.44.e. Beginning July 1, 2011, in addition to the provisions in Section I.B.44.d. of Part A, the pollutant GHG shall also be subject to regulation if: I.B.44.e.(i) Concerning operating permits (Sections I through XIV of Part C), at a new or existing stationary source that will emit or have the potential to emit 100,000 tpy C02e; or I.B.44.e.(ii) Concerning major stationary source new source review and prevention ofsignificant deterioration and operating permits: I.B.44.e.(ii)(A) At a new stationary source that will emit or have the potential to emit 100,000 tpy C02e; or I.B.44.e.(ii)(B) At an existing stationary source that will emit or have the potential to emit 100,000 tpy GOOEC02e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of75,000 tpy C02e or more. J.B.44.f.lfthere is a change in federal law that supersedes, orthe District ofColumbia Circuit Court ofAppeals orthe United States Supreme Court directs or issues an order, which limits or renders ineffective the regulation ofGHG emissions at stationary sources underthe New Source Review Prevention ofSignificant Deterioration(PSD) or Title V provisions ofthe Federal Act the regulation, GHG emissions under the corresponding programs in this Regulation Number 3 shall be limited or rendered ineffective to the same extent. I.B.45. Temporary Source A source in operation for not more than two years in duration unless the Division determines that a longertime period is appropriate. I.B.46. Uncontrolled Actual Emissions The annual emission rate corresponding to the annual process rate listed on the Air Pollutant Emission Notice form, without consideration ofany emission control equipment or procedures. The Division may allow a source to forego calculating or estimating its uncontrolled actual emissions of hazardous air pollutants upon a showing by the source and a determination by the Division that the creation ofsuch data is unreasonably costly, technically impractical or not reasonably related to information necessary for making regulatory decisions with respect to that source. The Division's final determination may be appealed to the Commission by the source. 

# I1.8.47. Wet Screening Operations A screening operation at a nonmetallic mineral processing plant that removes unwanted material orthat separates marketable fines from the product by a washing process that is designed and operated at all times such thatwater is an integral part ofthe process and the product is saturated with water. Screens that use spray bars forthe purposes ofdustcontrol are not included in this definition. 

### II. Air Pollutant Emission Notice (APEN) Requirements II.A. Air Pollutant Emission Notices for New, Modified, and Existing Sources Except as specifically exempted in Section II.D., no person shall allow emission ofair pollutants from, or construction, modification or alteration of, any facility, process, oractivity which constitutes a stationary source, except residential structures, from which air pollutants are, or are to be, emitted unless and until an Air Pollutant Emission Notice and the associated Air Pollutant Emission Notice fee has been filed with the Division with respect to such emission. Each such notice shall specify the location atwhich the proposed emission will occur, the name and address ofthe persons operating and owning such facility, the nature ofsuch facility, process oractivity, an estimate ofthe quantity and composition ofthe expected emission and other information as required in the currentAir Pollutant Emission Notice form. II.B. General 11.8.1. Emission Estimate The Air Pollutant Emission Notice shall include an estimate ofthe annual actual emissions, including emission controls. The emissions estimate shall be based upon actual test data or, in the absence ofsuch data, upon estimations acceptable to the Division. The following alternative estimate methods, in order ofdescending acceptability, are acceptable to the Division: 11.8.1.a. Mass balance calculations or a published, verifiable emission factor, whichever is best applied to the source; or II.B.1.b. Other engineering calculations. Stack testing or emission monitoring will not be required solely to meetthe Air Pollutant Emission Notice reporting requirements. An owner or operator shall provide ajustification to the Division for not using any methods that are higher on the list than the method the owner oroperator proposes to use. Ifnone ofthe above methods are available or applicable to the source, an appropriate method will be determined on a case-by-case basis by the Division, taking into account the provisions of Section II.C.2. ofthis Part

### A. The Division shall make available to all air pollution control authority offices appropriate forms on which the information required by this section shall be submitted. 11.8.2. Air Pollutant Emission Notice Term An Air Pollutant Emission Notice is valid for a period offive years. The five-year period recommences when a revised Air Pollutant Emission Notice is received by the Division. 11.8.3. APEN ApplicabilityFor the purposes ofAir Pollutant Emission Notice applicability, a source will be considered to be an individual emission point, orgroup of points pursuantto Section 11.8.4. ofthis Part A. 11.8.3.a. Criteria Pollutants For criteria pollutants, Air Pollutant Emission Notices are required for: each individual emission point in a nonattainment area with uncontrolled actual emissions ofone ton per year or more ofany individual criteria pollutant (pollutants are not summed) for which the area is nonattainment; each individual emission point in an attainment or attainment/maintenance area with uncontrolled actual emissions oftwo tons peryear or more ofany individual criteria pollutant (pollutants are not summed); each individual emission point with uncontrolled actual emissions of lead greaterthan one hundred pounds peryear, regardless ofwhere the source is located. 11.8.3.b. Non-criteria Reportable Pollutants For non criteria reportable pollutants, Air Pollutant Emission Notices are required for each individual emission point with uncontrolled actual emissions that exceed the de minimis levels as determined following the procedures setforth in Appendix A. 11.8.4. Source Grouping Grouping of multiple emission points on a single Air Pollutant Emission Notice shall be allowed as often as possible, provided the overall goals of receiving accurate and verifiable emissions information are not compromised. The following guidelines shall be used to delineate occasions when grouping can be allowed. These are intended to be used as guidelines only, and specific questions regarding grouping should be directed to the Division. Multiple pieces ofequipment or processes from a single facility may be grouped orassociated together and reported on one single Air Pollutant Emission Notice provided the individual sources ofemissions meetthe following guidelines: 11.8.4.a. All ofthe aggregated sources have identical source classification codes and emission factors for criteria pollutants; 11.8.4.b. Each ofthe aggregated sources share a similar location within the facility; 11.8.4.c. Similar sources regulated underthe New Source Performance Standards (Regulation Number6) and non-New Source Performance Standard sources should not be grouped; 11.8.4.d. None ofthe individual sources is required to monitor emissions through the use ofcontinuous emission monitors; 11.8.4.e. Each ofthe individual emission points has fuel usage, production, and a consumption level, which are indistinguishable from the other points, which have been grouped on the Air Pollutant Emission Notice; 11.8.4.f. None ofthe individual sources grouped on the Air Pollutant Emission Notice has previously been issued its own separate emissions permit. The Division maintains its authority to require individual separate Air Pollutant Emission Notices for any process or activity. 

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# I I IThe Division may allow a source to deviate from this emission point grouping criteria upon a showing that an alternative is reasonable and will not compromise the overall goals of receiving accurate and verifiable emissions information. 

### 11.8.5. Air Pollutant Emission Notices and revised Air Pollutant Emission Notices shall be based on calendar years (January through December). 

### 11.8.6. The emissions noted on the current Air Pollutant Emission Notice on file with the Division shall be used for emission fee calculations as described in Section VI. of this PartA. II.C. Revised Air Pollutant Emission Notices II.C.1. A revised Air Pollutant Emission Notice shall be filed: II.C.1.a.Annually whenever a significant change (as defined in Section II.C.2.) in annual actual emissions occurs; or II.C.1.b.Wheneverthere is a change in the owner oroperator ofany facility, process, or activity; or II.C.1.c.Whenever newcontrol equipment is installed, orwhenever a differenttype of control equipment replaces an existing type ofcontrol equipment (revised Air Pollutant Emission Notices are not required for routine maintenance, repair, or replacement ofcontrol equipment; or II.C.1.d.Whenever a permit limitation must be modified; or II.C.1.e. Before the Air Pollutant Emission Notice expires. II.C.1.f. A revised Air Pollutant Emission Notice is not required whenever the location ofa portable facility, process, or activity is changed, however, the owner or operator ofsuch source mustfile a relocation notice. Such notice shall be received by the Division at leastten days prior to the change in location. Alternatively, the owner or operator ofa portable source may request written approval from the Division to report multiple relocations. Relocation forms are available atthe Division offices. II.C.1.g.A revised Air Pollutant Emission Notice is not required for emergency or backup generators that are ancillary to the main units at electric utility facilities, and that have a permit under Parts CorD ofTitle I, orTitle V ofthe Federal Act. II.C.1.h.A revised Air Pollutant Emission Notice is not required for emergency or backup generators for electric power generating facilities that are not ancillary to a main unit at an electric utility facility, and that have a permit containing limits on the physical or operational capacity ofthe source to emit a pollutant such thatthe source is not considered to be a major stationary source as defined in Section II.A.24. of Part D ofthis Regulation Number 3. Ifan owner oroperator ofsuch a source chooses to file a revised Air Pollutant Emission Notice, the Air Pollutant Emission Notice shall list the average ofthe annual actual emissions forthe preceding three years. II.C.2. Significant change, for the purposes ofthis section means:II.D. II.C.2.a. For any non-criteria reportable pollutant ifthe emissions increase by fifty percent orfive tons peryear, whichever is less, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division. II.C.2.b. For criteria pollutants: II.C.2.b.(i) For sources emitting less than one hundred tons peryear, a change in annual actual emissions offive tons peryear or more, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division, ofany such air pollutant; or II.C.2.b.(ii) Forvolatile organic compound and nitrogen oxides sources in ozone nonattainment areas emitting less than one hundred tons of volatile organic compound and nitrogen oxides per year, a change in annual actual emissions ofone ton peryear or more orfive percent, whichever is greater, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division; or II.C.2.b.(iii) For sources emitting one hundred tons per year or more, a change in annual actual emissions offive percent orfifty tons peryear or more, whichever is less, above the level reported on the last Air Pollutant Emission Notice submitted to the Division, ofany such air pollutant; or II.C.2.b.(iv) A change in annual actual emissions, above the level reported on the lastAir Pollutant Emission Notice submitted to the Division, offifty pounds of lead. II.C.3. Timeframe for Revised Air Pollutant Emission Notice submittals II.C.3.a. Revised Air Pollutant Emission Notices shall be submitted no laterthan within thirty days before the five-year term expires. II.C.3.b.Owners oroperators ofsources that are required to obtain a permit revision must file a revised Air Pollutant Emission Notice along with a request for permit revision. A revised permit must be obtained before the change atthe source occurs. II.C.3.c. Sources submitting revised Air Pollutant Emission Notices to inform the Division ofa change in annual actual emission rates must do so by April 30 ofthe following year (e.g., a change in emissions in calendar year 1993 must be reported by April30, 1994). II.C.3.d.Air Pollutant Emission Notices for changes in control equipment must be submitted before the change occurs); except for control equipment at condensate storage tanks located atoil and gas exploration and production facilities subject to the requirements in Regulation Number 7, Section XII. Forthis control equipment, a revised APEN shall be filed once peryear, as specified in Section II.C.3.c. of Part A, ifany control equipment is added or ifcontrol equipment is relocated or removed. Exemptions from Air Pollutant Emission Notice Requirements II.D.1. Notwithstanding the exemptions contained in Section II.D.1., Air Pollutant Emission Notices must be filed for all emission units specifically identified in the applicability section ofany subpart of PartA of Regulation Number6 (New Source Performance 

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# lStandards) and/or Regulation Number 8 (Hazardous Air Pollutants), Parts A,C,D, and 

### E. However, Air Pollutant Emission Notices need not be filed for wet screening operations subjectto Subpart 

### 000 ofthe New Source Performance Standards ifthe exemption in Section II.D.1.cccc. is applicable. Stationary sources having emission units that are exemptfrom the requirement to file an Air Pollutant Emission Notice must nevertheless comply with all requirements that are otherwise applicable specifically to the exempted emission units, including, but not limited to: Title V, Prevention of Significant Deterioration, nonattainment New Source Review, opacity limitations, odor limitations, particulate matter limitations and volatile organic compounds controls. An applicant may not omit any information regarding APEN exempt emission units in any permit application ifsuch information is needed to determine the applicability ofTitle V (Part C ofthis Regulation Number3), Prevention of Significant Deterioration (Section VI., Part D of.this Regulation Number 3), or nonattainment New Source Review (Section V., Part D ofthis Regulation Number 3). The following sources are exemptfrom the requirementto file Air Pollutant Emission Notices because by themselves, or cumulatively as a category, they are deemed to have a negligible impact on air quality. II.D.1.a.lndividual emission points in nonattainment areas having uncontrolled actual emissions ofany criteria pollutant of less than one ton per year, and individual emission points in attainment orattainment/maintenance areas having uncontrolled actual emissions ofany criteria pollutant of less than two tons per year, and each individual emission point with uncontrolled actual emissions of lead less than one hundred pounds peryear, regardless ofwhere the source is located. II.D.1.b.lndividual emission points of non criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures setforth in Appendix 

### A. II.D.1.c.Airconditioning orventilating systems not designed to remove air pollutants generated by or released from other processes orequipment. II.D.1.d. Fireplaces used for recreational purposes, inside or outside. II.D.1.e. Fires and equipment used for noncommercial cooking offood for human consumption, or cooking offood for human consumption at commercial food service establishments, exceptfor char broilers and wood fired equipment (but not including campfires) in PM10 nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service establishment, either gas fired or using charcoal or otherfuel, upon which grease drips down upon an open flame, charcoal orembers. II.D.1.f. Safety flares used to indicate dangerto the public. II.D.1.g.Agricultural operations such as farming, cultivating, harvesting, seasonal crop drying, grain handling operations that are below New Source Performance Standards de minimis levels (including milling and grain elevator operations), and animal feeding operations that are not housed commercial swine feeding facilities as defined in Regulation Number2, Part B. This exemption does not apply to an agricultural operation that: (1) is a major source (as defined in Section 

### 1.8.25. of this part); (2) meets or exceeds the storage capacity thresholds ofa federal NewSource Performance Standard (Regulation Number6, PartA); or (3) participates in the early reduction program ofthe Federal Act, Section 112. Ancillary operations such as fueling stations located atfarms or ranches are not exempt from Air Pollutant Emission Notice and permit requirements unless otherwise belowthe de minimis emission levels contained in this regulation, and are not exemptfrom other applicable regulation promulgated by the Commission. II.D.1.h. Emissions from, or construction, oralteration of residential structures, including all buildings orother structures used primarily as a place of residence, and including home heating devices. II.D.1.i. Laboratories and research & developmentfacilities: II.D.1.i.(i) Noncommercial (in house) experimental and analytical laboratory equipmentthat is bench scale in nature including quality control/quality assurance laboratories, process support laboratories, environmental laboratories supporting a manufacturing or industrial facility, and research and development laboratories. II.D.1.i.(ii) Research and development activities that are ofa small pilot scale and that process less than ten thousand pounds oftest material per year; II.D.1.i.(iii) Small pilot scale research and development projects less than six months in duration with controlled actual emissions less than five hundred pounds ofany criteria pollutant orten pounds ofany non criteria reportable pollutant. II.D.1.j. Disturbance ofsurface areas for purposes of land development, that do not exceed twenty-five contiguous acres and that do not exceed six months in duration. (This does not include mining operations or disturbance of contaminated soil). II.D.1.k. Each individual piece offuel burning equipment, otherthan smokehouse generators and internal combustion engines, that uses gaseous fuel, and that has a design rate less than or equal to five million British thermal units per hour. (See definition offuel burning equipment, Common Provisions Regulation). 11.0.1.1. Internal combustion engines powering portable drilling rigs. II.D.1.m. Exemption Repealed II.D.1.n.Chemical storage tanks or containers that hold less than five hundred gallons, and that have an annual average daily throughput of less than twenty-five gallons. II.D.1.o. Unpaved public and private roadways, except for haul roads located within a stationary source site boundary. II.D.1.p.Sanding ofstreets and roads to abate traffic hazards caused by ice and snow. II.D.1.q.Open burning activities, except that all reporting and permitting requirements that apply to such operations must be followed (see Regulation Number91).11.0.1.r. Brazing, soldering, orwelding operations, exceptthose that use lead based compounds. All welding thatoccurs strictly for maintenance purposes is exempt. 11.0.1.s. Street and parking lot striping. II.0.1.t. Battery recharging areas. II.0.1.u. Aerosol can usage. II.0.1.v. Sawing operations, that is ancillary to facility operations, and is not part ofthe production process. 11.0.1.w. The process ofdemolition and re bricking offurnaces and kilns. This does not include subsequent operation ofsuch furnaces or kilns. 11.0.1.x. Road and lot paving operations at commercial and industrial facilities, except that asphalt and cement batch plants require Air Pollutant Emission Notices and permits, unless exempt under some other section. 11.0.1.y.Adhesive use that is not related to production. 11.0.1.z. Fire training activities. 11.0.1.aa. Caulking operations that are not part ofa production process. 11.0.1.bb. Landscaping and site housekeeping devices equal to or less than ten horsepower in size (lawnmowers, trimmers, snow blowers, etc.). 11.0.1.cc. Fugitive emissions from landscaping activities (e.g., weeding, sweeping). 11.0.1.dd. Landscaping use of pesticides, fumigants, and herbicides. 11.0.1.ee. Exemption Repealed 11.0.1.ff. Emergency events such as accidental fires. 11.0.1.gg. 11.0.1.hh. Smoking rooms and areas. Plastic pipe welding. 11.0.1.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes. II.0.1.jj. Beauty salons. 11.0.1.kk. Operations involving acetylene, butane, propane and otherflame cutting torches. 11.0.1.11. Pharmacies. 11.0.1.mm. Chemical storage areas where chemicals are stored in closed containers, and where total storage capacity does not exceed five thousand gallons. This exemption applies solely to storage ofsuch chemicals. This exemption does not apply to transfer ofchemicals from, to, or between such containers.

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II.D.1.nn. Architectural painting, roofcoating material and associated surface preparation (except for sandblasting and except forvolatile organic compound emissions, associated with surface preparation, above Air Pollutant Emission Notice de minimis levels) for maintenance purposes at industrial or commercial facilities. II.D.1.oo. Emissions that are not criteria (as defined in Section I.8.17. ofthis part) or non-criteria reportable pollutants (as defined in Section 1.8.30. ofthis part) (These emissions include methane, ethane, and carbon dioxide). II.D.1.pp. II.D.1.qq. Janitorial activities and products. Grounds keeping activities and products. II.D.1.rr. Sources ofodorous emissions that do not utilize emission control equipment for control ofodorous emissions. This exemption applies to the odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements of Regulation Number2. II.D.1.ss. Truck and car wash units. II.D.1.tt.Office emissions, including cleaning, copying, and restrooms. IJ.D.1.uu. Exemption Repealed IJ.D.1.vv. Electrically operated curing ovens, drying ovens and similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens. II.D.1.ww. Equipment used exclusively for portable steam cleaning. II.D.1.xx. Blast cleaning equipment using a suspension ofabrasive in water and any exhaust system or collector serving them exclusively. IJ.D.1.yy. Commercial laundries (except dry cleaners) that do not burn liquid or solid fuel. IJ.D.1.zz. Storage ofbutane, propane, or liquefied petroleum gas in a vessel with a capacity of less than sixty thousand gallons, provided the requirements of Regulation Number 7, Section IV. are met, where applicable. II.D.1.aaa. Storage tanks ofcapacity less than forty thousand gallons of lubricating oils or used lubricating oils. II.D.1.bbb. Venting of compressed natural gas, butane or propane gas cylinders, with a capacity ofone gallon or less. II.D.1.ccc. Fuel storage and dispensing equipment in ozone attainment areas operated solely for company owned vehicles where the daily fuel throughput is no more than four hundred gallons per day that is calculated as an annual average. Sources in an ozone attainment/maintenance area must utilize Stage 1 vapor recovery on all tanks greaterthan 550 gallons capacity, as required by Regulation Number 7, in order to take this exemption.

### II.D.1.ddd. Exemption Repealed II.D.1.eee. Indirect sources are exempt until a permit regulation specific to indirect sources is promulgated by the Commission. II.D.1.fff. Storage tanks meeting all ofthe following criteria: II.D.1.fff.(i) and II.D.1.fff.(ii) Annual throughput is less than four hundred thousand gallons;

The liquid stored is one ofthe following: II.D.1.fff.(ii)(A) Diesel fuels 1 D, 2 D, or 4 6; II.D.1.fff.(ii)(B) Fuel oils #1 through #6; II.D.1.fff.(ii)(C) Gas turbine fuels 1 GT through 4 GT; II.D.1.fff.(ii)(D) oil/water mixtures with a vapor pressure equal to or lowerthan that ofdiesel fuel (Reid Vapor Pressure of0.025 pounds per square inch absolute). II.D.1.ggg. Each individual piece offuel burning equipment that uses gaseous fuel, and that has a design rate less than orequal to ten million British thermal units per hour, and that is used solely for heating buildings for personal comfort. II.D.1.hhh. Natural gas vehicle fleet fueling facilities. II.D.1.iii. Electric motors driving equipment at non-commercial machining shops. II.D.1.jjj. II.D.1.kkk. Recreational swimming pools. Forklifts. II.D.1.111. Oil and gas exploration and production operations (well site and associated equipment) shall provide written notice to the Colorado Oil and Gas Conservation Commission of proposed drilling locations prior to commencement ofsuch operations. Air Pollutant Emission Notices are not required until after exploration and/or production drilling, workovers, completions, and testing are finished. If production will result in reportable emissions, the owner or operator shall file an Air Pollutant Emission Notice with the Division within thirty days after the well completion or recompletion report and log is filed with the appropriate state orfederal agency. If production will not occur, or production will not result in reportable emissions, the owner oroperator shall submitwritten notice to the Division indicating that the well was plugged, or that emissions are otherwise not reportable. Ifproduction will result in reportable emissions, the owner or operator shall file an Air Pollutant Emission Notice with the Division within thirty days afterthe report offirst production is filed with the appropriate state orfederal agency but no laterthan ninety days following the first day of production. II.D.1.mmm. Handling equipment and associated activities for glass that is destined for recycling.

### II.D.1.nnn. Fugitive emissions of hazardous air pollutants that are natural constituents of native soils and rock (not added or concentrated by chemical or mechanical processes) from under groundunderground mines orsurface mines unless such source is a major source of hazardous air pollutants under Part C of Regulation Number 3. II.D.1.ooo. The use of pesticides, fumigants, and herbicides when used in accordance with requirements established underthe federal Insecticide, Fungicide and Rodenticide Act as established by the U.S. EPA (United States Code Title 7, Section 136 et seq.). II.D.1.ppp. Ventilation ofemissions from mobile sources operating within a tunnel, garage, or building that are not operating for transportation purposes and are subject to stationary source requirements. II.D.1.qqq. Non-asbestos demolition. II.D.1.rrr. Sandblast equipmentwhen the blast media is recycled and the blasted material is collected, including small sandblast glove booths. II.D.1.sss. Stationary Internal Combustion Engines that meet the following specifications: II.D.1.sss.(i) Less than or equal to 175 horsepo•.ver that operate less than 1,450 hours per year; or II.D.1.sss.(ii) Greater than 175 horsepower and less than or equal to 300 horsepO'tver that operate less than 850 hours peryear; or II.D.1.sss.(iii) Greater than 300 horsepower and less than or equal to 750 horsepower that operate less than 340 hours per year.Exemption Repealed II.D.1.ttt. Emergency power generators that: II.D.1.ttt.(i) Have a rated horsepower of less than 260; or II.D.1.ttt.(ii) Operate no more than 250 hours per year and have a rated horsepower of less than 737; or II.D.1.ttt.(iii) Operate no more than 100 hours per year and have a rated horsepower of less than 1,840.Exemption Repealed II.D.1.uuu. Surface water storage impoundment ofRet-non-potable water and storm water evaporation ponds, with the, exceptions of-oil and gas production wastewater impoundments (including produced watertanks) containing equal to or more than one percent by volume crude oil on an annual average, and commercial facilities that accept oil and gas production wastewater for processing. II.D.1.vvv. Non-potable water pipeline vents. II.D.1.www. Steam vents and safety release valves. II.D.1.xxx. Deaeratorlvacuum pump exhausts.Exemption Repealed 

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### II.D.1.yyy. Seal and lubricating oil systems for steam turbine electric generators. II.D.1.zzz. Venting of natural gas lines for safety purposes. II.D.1.aaaa. Chemical Storage Tanks II.D.1.aaaa.(i) Sulfuric acid storage tanks notto exceed ten thousand five hundred gallons capacity. II.D.1.aaaa.(ii) Sodium hydroxide storage tanks. II.D.1.bbbb. Containers, reservoirs, or tanks used exclusively for dipping operations that contain no organic solvents for coating objects with oils, waxes, greases, or natural orsynthetic resins. II.D.1.cccc. Wet screening operations notwithstanding the applicability ofthe New Source Performance Standards included in the Code of Federal Regulations, Title 40, Part 60, Subpart 

### 000. II.D.1.dddd. Non-road engines as defined in Section 1.8.29. ofthis Part A, except· certain non-road engines subjectto state-only air pollutant emission notice and permitting requirements pursuantto Section I.B.29.c. ofthis part. II.D.1.eeee. Exemption Repealed

II.D.1.ffff Exemption RepealedAir Curtain Destructors burning only yard waste, wood waste, and clean lumber, orany mixture thereof generated as a result of projects to reduce the risk ofwildfire and are not located at a commercial or industrial facility. Air curtain incinerators that are considered incinerators as defined by the Common Provisions do not meetthis exemption. II.D.2. An Air Pollutant Emission Notice must be filed for all incinerators. II.D.3. Air Pollutant Emission Notices are required for emergency and backup generators that are ancillary to the main units at electric utility facilities however, these units may be included on the same Air Pollutant Emission Notice as the main unit. II.D.4. Any person may request the Division to examine a particular source category or activity for exemption from Air Pollutant Emission Notice or permit requirements. II.D.4.a.Such requests shall be made separately from the permit application review procedure. II.D.4.b.Such requests shall include documentation indicating that emissions from the source category or activity have a negligible impact on air quality and public health in Colorado, based on, but not limited to, the following criteria. II.D.4.b.(i) Emissions from the source or activity are below the Air Pollutant Emission Notice or permit emission de minimis levels set forth in this Regulation Number 3; or II.D.4.b.(ii) The existing Division emission inventory is sufficient to indicate that the source or activity has a negligible impact; or

### II.D.4.b.(iii) For permit exemptions, criteria in Sections II.D.4.b.(i) and/or II.D.4.b.(ii), above, are met, and the source oractivity has no applicable requirement that applies to it, and the Division finds that monitoring or record keeping are not necessary. II.D.4.b.(iv) Exemptions shall not be granted for any source oractivity that is subject to any federal applicable requirement. The Division shall determine on a case-by-case basis ifsources or activities subject to state only regulations may be granted an exemption. II.D.4.c. None ofthe activities submitted as exemption requests to the Division may be taken by a source until the Commission has duly adopted the exemptions as revisions to this Regulation Number 3 and the U.S. EPA has approved the exemption requests. II.D.5. Commercial (for hire) laboratories whose primary responsibilities are to perform qualitative orquantitative analysis on environmental, clinical, geological, forensic, or process samples may estimate emissions for purposes ofAir Pollutant Emission Notice reporting based upon a mass balance calculation utilizing inventory and purchase records ofsolvents and reagents. Such laboratories may, at their discretion, group emission points ifsuch grouping meets the grouping criteria outlined in this regulation. All inert samples are exempt from Air Pollutant Emission Notice reporting. Emissions from samples subjected to analysis provided to such laboratories for analysis and testing, and by-products that result from sample testing, are exemptfrom Air Pollutant Emission Notice reporting, provided such samples subjected to analysis are less than five gallons for liquids, orfive pounds for solids. II.D.6. Research and development activities that do not fall within the small scale exemption in Section II.D.1.i. may estimate emissions for purposes ofAir Pollutant Emission Notice reporting based upon either a mass balance calculation utilizing inventory and purchase records, or best engineering judgment. Such facilities may file an Air Pollutant Emission Notice or revised Air Pollutant Emission Notice on an annual basis by April 30 ofthe year following the project's conclusion for each project that is not exempt under Section II.D.1.i., irrespective ofSection II.C., herein (revised Air Pollutant Emission Notice requirements), such Air Pollutant Emission Notices shall be filed on a per project basis and shall be based on controlled actual emissions. 

### Ill. Administrative Permit Amendment Procedures 

### Ill

### .A An application for an administrative permit amendment shall be prepared on forms supplied by the Division. 111.8. Within sixty calendar days after receipt ofa complete application for an administrative permit amendmentthe Division shall issue its final determination on such application in accordance with the following: 111.8.1. Deny the application for an administrative permit amendment; or 111.8.2. Grant the application and incorporate any such changes into the permit providing such permit revisions are made pursuant to this Part A, Section Ill. III.C. A source may implementthe changes addressed in the application for an administrative amendment immediately upon submittal of request, subject to the final determination of the Division. 

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### Ill.D. As required underthe Federal Act, the Division shall transmitto the Administrator a copy ofeach revised permit made pursuant to an administrative permit amendment underthis provision. Ill

### .E. No public notice or review by affected states shall be necessary for permit revisions made pursuantto administrative amendment procedures. Ill.F. Administrative permit amendments for purposes ofthe acid rain portion ofa permit shall be governed by regulations promulgated underTitle IV ofthe Federal Act, found at Code of Federal Regulations Title 40, Part 72. 

### IV. Operational Flexibility 

### IV.A. Alternative operating scenarios No permit revision is required for reasonably anticipated operating scenarios identified by the source in its application for a permit and approved by the Division, provided the permit contains terms and conditions that: IV.A.1. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log atthe permitted facility a record ofthe scenario underwhich it is operating; IV.A.2. Ensure that the terms and conditions ofeach such alternative scenario meet all applicable requirements ofthe state and Federal Act. IV.A.3. Extend the permit shield to all operating permit terms and conditions under each such operating scenario. IV.B. Trading based on the permit Ifallowed by the applicable state implementation plan, no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes in emissions that are provided for in the permit. The permit applicant must request such provisions to be included in its permit, and ifapproved by the Division, the permit shall contain terms and conditions that: IV.B.1. For operating permits, include all terms required under Section V.C. of Part C; IV.B.2. Ensure that changes resulting from such increases and decreases in emissions meet all applicable requirements underthe state and Federal Acts; IV.B.3. Extend the permit shield to all operating permit terms and conditions that allow such increases and decreases in emissions. IV.C. Emissions trading under permit caps No permit revision shall be required where an applicant requests, and the Division approves such request, for a permit containing terms and conditions allowing forthe trading ofemissions increases and decreases in the permitted facility. Procedures for such changes are: IV.C.1. For operating permits, the permit shall contain terms and conditions required pursuant to Section V.C. of Part C;

### IV.C.2. The permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable; IV.C.3. Any emissions units for which emissions are not quantifiable orfor which there are no replicable procedures to enforce the emissions trades shall not be included in this provision allowing emissions trading without permit revision; IV.C.4. The source shall comply with all other applicable requirements. IV.C.5. The source shall provide a minimum ofseven days written notification in advance ofthe proposed changes to the Division and to the Administrator. The notice must be received by the Division no later than seven days in advance ofthe proposed changes. The source and the Division shall attach each such notice to their copy ofthe relevant permit. The notice shall contain: IV.C.S.a. When the change will occur; IV.C.S.b. A description ofthe changes in emissions that will result and howthese increases and decreases in emissions will comply with the terms and conditions ofthe permit; IV.C.S.c. The permit shield shall extend to all operating permit terms and conditions that allow such increases and decreases in emissions. IV.C.6. A source shall be allowed to make such change proposed in its notice on the day following the last day ofthe advance notice described in Section IV.C.5. above, ifthe Division has not responded nor objected to such changes on or before that day. 

### V. Certification And Trading Of Emission Reduction Credits Offset And Netting Transactions V.A. Purpose This section establishes procedures forthe recording ofcertified emissions reductions and for their use in emission credit transactions. These procedures are intended to: V.A.1. Promote economic development and lowerthe cost of meeting pollution control requirements while assuring ambient air quality progress and continued air quality maintenance; and V.A.2. Encourage development of innovative pollution control methods and technologies. V.B. Scope This section applies to any pollutant regulated underthe Colorado Air Quality Control Act orthe regulations promulgated there under in all attainment, attainment/maintenance, and nonattainment areas ofthe state. This section does not apply to emissions trading under permit caps in Section IV.C. of Part 

### A V.C. Definitions V.C.1. Alternative compliance methods means the use ofemissions reductions credits to meet emissions control requirements in lieu ofan applicable control technique guidance method or reasonably available control technology. 

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### 'V.C.2. Bubble lets existing sources (or groups ofsources) increase emissions at one operation in exchange for compensating extra decreases in emissions at another operation. The net result must be equivalentto or betterthan would have been accomplished using conventional source specific controls. V.C.3. Certified emissions reduction means a reduction in emissions below the baseline that has been certified by the Division in accordance with the criteria of Section V.E., and that may then be used in an emission credit transaction. V.C.4. Criteria pollutant means an air pollutant for which a National Ambient Air Quality Standard has been promulgated. V.C.5. Emission credit transaction means the use ofcertified emission reduction credits in a bubble, netting oroffsettransaction oras an alternative compliance method. V.C.6. Major stationary source means major stationary source as defined in Section II.A.24. of Part D ofthis regulation. V.C.7. Net emissions increase means net emissions increase as defined in Section II.A.26. of Part D ofthis regulation. V.C.8. Netting is designed to exempt modifications ofexisting major stationary sources from new source review requirements ifthe resultant impact does not exceed any ofthe significantvalues found in the definition ofsignificant in Section II.A.42. of Part D ofthis regulation. V.C.9. Non-inventoried source means any source that has not been recorded on the Division's emission inventory system. V.C.1 0. Offset means a transaction in which a certified emissions reduction is used eitherto avoid causing a violation ofan increment in an attainment orattainment/maintenance area, to meetthe requirements of Section V.A.3. of Part D ofthis regulation, regarding the maintenance of reasonable further progress towards attainment ofthe National Ambient Air Quality Standards in nonattainment areas, orto avoid contributing to visibility orother air quality related values impairment in a Class I area. V.C.11. Registry means the Division's record ofthe certification and use ofemissions reductions. V.C.12. Significant means significant as defined in Section II.A.42. of Part D ofthis regulation. V.C.13. Surplus means emission reductions not required by current regulations, relied on for state implementation plan planning purposes, and not used to meet any other regulatory requirement. V.C.14. Open Dust means solid or other air borne particulate matter (excluding particulates produced directly during combustion) resulting from natural forces orfrom surface use or disturbance, including, but not limited to, all dustfrom agriculture, construction, forestry, unpaved roads, mining, exploration, orsimilar activities in which earth is either moved, stored, transported or redistributed. V.C.15. Baseline emissions are equal to the product ofthe: V.C.15.a. Emission Rate (ER), specified in terms of mass emission per unit of production orthroughput (e.g., pounds sulfur dioxide per million British thermal units or pounds ofvolatile organic compounds perweightofsolids applied);

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# =ER x CU x H. Net baseline emissions for a bubble are the sum ofthe baseline emissions ofall sources involved in the trade. V.D. Procedure for Certification of Emissions Reductions and Approval ofTransactions V.D.1. The owner oroperator ofa source may request the Division to certify any emissions reduction anticipated to occur after the effective date ofthis section, provided the owner or operatorfiles his application priorto the occurrence ofthe reduction, at a time at which the source is emitting the baseline emissions ofthe subject pollutant. Sources that shutdown prior to the application to bank or trade have zero emissions, and therefore no credit is available. V.D.2. Upon receiving an application for certification, the Division may require the applicant to submit all data and calculations necessary to verify the baseline emissions or the reduction ofemissions belowthe base level including, but not limited to, documentation ofoperating hours and inputs. The Division may also require the applicant to perform source tests to establish the baseline emissions orthe reduction ofemissions below the baseline emissions. The Division shall not certify reductions anticipated to occur afterthe effective date ofthis regulation until the reductions have occurred and been verified. V.D.3. The Division shall maintain an emissions reduction registry, in which it shall maintain a record ofall certified emissions reductions, and ofthe use ofcertified emissions reductions in emission credit transactions. The information contained in such registry shall include the name and address ofthe owner oroperator ofthe source creating the emissions reduction, the location ofthe source, its stack parameters, the temperature and velocity of its plume, particle size, the existence ofany hazardous pollutants, daily and seasonal emission rates, and any other data that might reasonably be necessary to evaluate future use. V.D.4. Ifthe Division determines that certification should be granted it shall modify the permit of the applicant to provide that the allowable emissions are equal to the level ofcurrent emissions utilized in the calculation ofthe emissions reduction. The owneror operator of a source not required to obtain a permit by provisions of law otherthan this section shall be required to apply for and accept a permit as a condition ofobtaining a certified emissions reduction. Such permits shall contain only those conditions necessary to ensure the enforcement ofthe emissions limitations applicable to the source as a result ofcertification of its emissions reduction. V.D.5. The amount ofthe emissions reduction to be certified and entered in the registry shall be calculated as follows: V.D.5.a. For any emissions reduction that has occurred in an attainment or attainment/maintenance area, the amount ofthe certified emissions reduction shall be 90 percent ofthe amount by which emissions have been reduced below the baseline emissions. V.D.5.b. For any emissions reduction that has occurred in a nonattainment area, the amount ofthe certified emission reduction shall be 80 percent ofthe amount by which emissions have been reduced below the baseline emissions. 

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# I IV.D.5.c.For bubbles in nonattainment areas that need, but lack, approved demonstrations ofattainment, i.e., areas with unapproved state implementation plans, a greater discount may be taken. This discountwill be based on the area's total baseline emissions, the target emissions for attainment, the emissions forthe projected attainmentyear and the reductions needed to achieve attainment. These values are dynamic and so the discountvalue may change from year to year butwill never be less than 20 percent. These transactions will require a state implementation plan revision. V.D.6. An application may be filed for approval ofthe use ofa certified emissions reduction in an emissions credittransaction simultaneously with the filing ofa certification application, or within seven years after certification has been granted. Ifthe transaction would require the modification of permits held by more than one person, the application shall bejointly submitted by all potentially affected permittees. The Commission shall determine whetherto approve all bubble and alternative compliance method transactions, or any offsettransactions that, pursuant to Section V.H., require a state implementation plan revision. The Division shall determine whetherto approve all netting transactions, or any offsettransactions forwhich no state implementation plan revision is required. The Commission may approve the use ofa certified emissions reduction credit as an alternative compliance method in lieu ofa specified control technique guidance method or reasonable available control technology. V.D.7. Applications for certification ofemissions reductions and approval oftransactions shall be made on forms provided by the Division. Any source applying for approval ofan alternative compliance method transaction shall submitto the Division a construction permit application in accordance with Regulation Number3, Part 8, Section Ill. forthe construction or modification, reflecting the source and proposed use ofthe emissions credit. The application shall contain information sufficient to demonstrate thatthe criteria setforth in Section V.F. ofthis PartA are metas well as the criteria for approval ofthe state implementation plan revision. The Division shall review the application and prepare its preliminary analysis in accordance with Regulation Number 3, Part 8, Section 111.8. The source requesting approval for the transaction and the state implementation plan revision should be granted, and shall provide with its petition, a copy ofthe preliminary analysis ofthe Division. The Division shall notgrant initial approval ofany such application until the Commission has approved the transaction, the source has metthe conditions placed on the transaction by the Commission, and the requirements ofall other applicable regulations are met. V.D.8. Where the owner or operator ofa source requests a state implementation plan revision pursuant to this Section V., the Commission shall set a hearing on the proposed revision to be held in accordance with the procedures setforth in Colorado Revised Statutes Section 25-7-119. With respect to applications for certification ofemissions reductions, orfor approval ofany netting transactions, or offsettransactions within the Division's jurisdiction under Section V.H.2., the same time limitations for emission permits as found in Part 8 Section 111.8. ofthis regulation shall apply. V.D.9. Applicants for certification ofan emissions reduction, orfor approval ofany emission credit transaction, shall be assessed fees for time spent by Division personnel in evaluating such applications in accord with the criteria for assessment ofemissions permit fees setforth in Section VI.C. ofthis Part

### A Where more than one person applies for approval ofa transaction, all such persons shall bejointly liable forthe fees assessed. Applicants shall be responsible for paying such fees regardless ofwhetherthe Division approves or denies an application. The costs of Division review ofany emissions modeling orother information necessary for the Division to formulate recommendations to the Commission regarding any proposed emission credit transaction shall be included in the costs attributed to the permit application forthe source(s) seeking approval ofthe

### transaction and shall be paid by the source regardless ofwhether the emission credit transaction is approved. V.D.1 0. The state shall not utilize a certified emissions reduction in making demonstrations of attainment, or reasonable further progress toward attainment ofthe National AmbientAir Quality Standards, within seven years afterthe date ofcertification, or at any time after an application for use ofthe certified emissions reduction in a transaction has been approved. Where no application has been filed for the approval ofthe use ofa certified emissions reduction within seven years after certification was granted, the state shall subsequently utilize the reduction in making demonstrations ofattainment, or reasonable further progress towards attainment ofthe National AmbientAir Quality Standards. This seven-year period shall be tolled during any time in that there is a pending application before the Division or the Commission for approval ofa bubble, netting, or offset transaction based on the certified emissions reduction. V.D.11. Applications for approval oftransactions involving PM10 (fine particulates for Prevention ofSignificant Deterioration increment consumption), sulfur dioxide, carbon monoxide, lead, and oxides of nitrogen (where visibility impacts are ofconcern), shall be subject to the following ambient air quality modeling requirements: V.D.11.a. De minimis: In general modeling is not required to determine the ambient equivalence oftrades in which applicable net baseline emissions do not increase and in that the sum ofthe emissions increases, looking only atthe increasing sources, 15 tons per year for PM10, 40 tons per year for sulfur dioxide, 100 tons per year for carbon monoxide, 40 tons per year for nitrogen oxide (where visibility impacts are ofconcern), or 0.6 tons per year for lead, after applicable control requirements. For purposes of Prevention ofSignificant Deterioration any increase in PM10 should be modeled. V.D.11.b. Level 1: In general, modeling to determine ambient equivalence is not required if: V.D.11.b.(i) The trade does not result in an increase in applicable net baseline emissions; V.D.11.b.(ii) The relevant sources are located in the same immediate vicinity (within 250 meters) ofeach other; V.D.11.b.(iii) An increase in baseline emissions does not occur at the source with the lower effective plume height, as determined underthe U.S. EPA approved and Division accepted guidelines, as interpreted in the Code of Federal Regulations Title 40, Subpart 52.343. V.D.11.b.(iv) No complex terrain is within the area ofsignificant impact (see Figure 1) ofthe trade or50 kilometers, whichever is less; V.D.11.b.(v) Stacks with increasing baseline emissions are sufficiently tall to avoid possible downwash situations, as determined by good engineering practice; V.D.11.b.(vi) The trade does not involve open dust sources. V.D.11.c. Level II: Bubble trades that are neither De minimis nor Levell may nevertheless be evaluated for approval based on modeling to determine ambient 

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### fequivalence limited solely to the impacts ofthe specific emission sources involved in the trade, if: V.D.11.c.(i) There is no increase in applicable net baseline emissions; V.D.11.c.(ii) Ifthe potential change in emissions before and after the trade will not cause a significant increase in pollutant concentrations at any receptor fo·r an averaging time specified in an applicable ambient air quality standard; and V. D.11.c.(iii) Such an analysis does not predict any increase in ambient concentrations in a Class I or Category I area. However, a bubble will not be approved under Level II where evidence clearly indicates the bubble would create a newviolation 

### oJan ambient standard or Prevention of Significant Deterioration increment orwould delay the planned removal ofan existing violation. The change in concentration from the before-trade case to the after-trade case must, in general, be modeled using refined models for each appropriate averaging time for the relevant national ambientairquality standards for each receptor, using the most recent full year of meteorological data. Othertechniques may be approved where sources showthey equally well protect national ambient air quality standards, applicable Prevention of Significant Deterioration increments, and visibility. For example, in limited circumstances conservative screening models may be acceptable in lieu of refined models. In such cases, use ofa full year of meteorological data may not be necessary. Such screening models may be acceptable where: (A) the screening model shows that all the emissions from the stack(s) with increasing emissions would not produce exceedances of the Level II significance values; (B) the stack parameters atthe stack(s) with increasing emissions do not change; and (C) the screening model shows that the increase in emissions atthe increasing stack(s) would not produce exceedances ofthese significant values. In determining significant impactfor Level II bubble trades, the Division will use the following significance values to identify trades whose potential ambient impact need not be further evaluated before approval: 8-micrograms/cubic meter (1Jg/m3) for any twenty-four hour period for PM10; 4-micrograms/cubic meter (1Jg/m3) for any annual arithmetic mean for PM10; 13-micrograms/cubic meter (1Jg/m3) for any twenty-four hour period for sulfur dioxide; 46-micrograms/cubic meter (1Jg/m3) for any three-hour period for sulfur dioxide;**3-microgrc;:~ms/cubic** meter (1Jg/m3) for any annual period for sulfur dioxide; 575-micrograms/cubic meter (1Jg/m3) for any eight-hour period for carbon monoxide;

### 2,300-micrograms/cubic meter (J..lg/m3) for any one-hour period for carbon monoxide; 0.1 micrograms/cubic meter (J..lg/m3) for any three-month period for lead. Except that: V. D.11.c.(iii)(A) For offset transactions, significant impact shall be determined by the values found in the table ofsignificant values in Section VI.D.2. of Part D ofthis regulation. V.D.11.c.(iii)(B) Only process fugitive emissions vented through stacks may be approved in a Level II analysis. V.D.11.c.(iii)(C) Trades involving open dust sources may not be approved in a Level II analysis. V.D.11.c.(iii)(D) Trades involving complex terrain cannot be approved with a Level II analysis. V.D.11.d. LEVEL Ill full dispersion modeling considering all sources affecting the trade's area of impact is required to determine ambient equivalence ifapplicable net baseline emissions will increase as a result ofthe trade, or ifthe trade cannot meet criteria for approval under De Minimis, Levell or Level II. V.D.11.e. Approved Models: Modeling: Only U.S. EPA-approved models may be used in banking transactions. Use of non-guideline models will be allowed once they have been approved according to the requirements ofSection VIII.A.1. of PartA ofthis regulation. V.D.12. Following the certification ofan emissions reduction, ifthe Division determines that certification was granted on the basis offraud or material misstatement oromission, the Division shall revoke certification ofthe reduction. Certification shall be revoked only afterthe owners oroperators ofthe affected sources have received notice and, if requested, a hearing has been conducted. In such cases the Division shall also modify the permit ofthe source that has used the emissions reduction, so that the permitwill contain all conditions that would have applied ifthe emissions reduction had not been certified initially. V.E. Criteria for Certification of Emissions Reductions An emissions reduction shall be certified for use in an emission credit transaction, provided it meets the following criteria: V.E.1. The emissions reduction shall be surplus. Surplus reductions are those below the baseline emissions. The baseline emissions shall be determined as follows: V.E.1.a.ln attainment and attainment/maintenance areas, the baseline emissions shall be a source's actual emissions ofthe subject pollutant, or allowable emissions whichever is lower, for the three baseline factors. Reasonably Available Control Technology shall be as set forth in the State implementation plan for the source. Where Reasonably Available Control Technology has not been determined in the state implementation plan for the source, it shall be determined by the Division. 

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# I iV.E.1.b.ln nonattainment areas forwhich there is a demonstration ofattainment ofthe National AmbientAir Quality Standards approved by the U.S. EPAthe baseline emissions shall be actual emissions, provided, however, the baseline emissions shall not exceed reasonably available control technology as defined in the state implementation plan orthe level ofemissions used by the state in making a demonstration ofattainment. V.E.1.c.ln nonattainment areas for which there is not a demonstration ofattainment of National AmbientAir Quality Standards approved by the U.S. EPA, the baseline emissions shall be the lower of: 1) the actual emissions, 2) allowable emissions underthe state implementation plan or 3) allowable emissions ifthe source is subjectto Reasonably Available Control Technology. V.E.1.d. Emission rate, capacity utilization and hours ofoperation must be used to compute pre-trade and post-trade emission levels. Baseline must be established on an annual basis and for all other averaging periods consistentwith the relevant National Ambient Air Quality Standards and Prevention of Significant Deterioration increments. V.E.2. No emissions reduction shall be certified ifthe Division has relied upon the occurrence of the reduction in demonstrating attainment ofthe National AmbientAir Quality Standards or reasonable further progress towards attainment, or in establishing a baseline concentration. V.E.3. Each certified reduction ofa pollutant's emissions shall be quantified in the same unit of measurement used in the standard or regulation applicable to the pollutant. V.E.4. In attainment and attainment/maintenance areas, reductions at major stationary sources that commenced construction after January 1, 1975 may be able to qualify for credit whether such reductions occurred before orafterthe Prevention of Significant Deterioration baseline triggering date. Other emission reductions (e.g., at minor sources) cannotqualify for creditwhere the Prevention of Significant Deterioration baseline date is or has been triggered and such reductions occurred priorto the trigger date, unless these reductions are not assumed in the Prevention of Significant Deterioration baselines. Since banked emission reduction credits must be considered to be "In the Air'' for all planning purposes, ifthe baseline date is triggered before banked credits are actually used, such banked credits will be considered as part ofthe baseline and will not consume incrementwhen used in an emissions trade. In attainment and attainment/maintenance areas where the Prevention of Significant Deterioration baseline has not been triggered as ofthe date the permitting authority takes relevant final action on the trading transaction, reductions below current state implementation plan or permit limits generally may be used without special restrictions in bubble or banking transactions, provided they are otherwise creditable and there is assurance that National AmbientAir Quality Standards will not be violated due to any potential increase in actual emissions. However, reductions at sources otherthan major stationary sources on which construction commenced before January 1, 1975 may not be used to balance increases at such pre 1975 major sources. V.E.5. Emission reductions achieved by shutting down an existing source orcurtailing production oroperating hours below baseline levels may be generally credited ifsuch reductions are permanent, quantifiable, and federally enforceable, and ifthe area has an U.S. EPA-approved attainment plan. In addition, the shutdown or curtailment is creditable only if it occurred on or after the date specified for this purpose in the plan, and ifsuch date is on or after the date ofthe most recent emissions inventory used in the plan's demonstration ofattainment. Where the plan does not specify a cutoffdate for

### shutdown credits, the date ofthe most recent emissions inventory orattainment demonstration, as the case may be, shall apply. However, in no event may credit be given for shutdowns that occurred prior to August 7, 1977. For purposes ofthis section a permitting authority may choose to consider a prior shutdown orcurtailment to have occurred afterthe date of its most recent emissions inventory, ifthe inventory explicitly includes as current existing emissions the emissions from such previously shutdown or curtailed sources. V.E.S.a.Such reductions may be credited in the absence ofan approved attainment demonstration only ifthe shutdown orcurtailment occurred on orafterthe date the new source permit application is filed, or, ifthe applicant can establish that the proposed new source is a replacement forthe shutdown orcurtailed source, and the cutoffdate provisions ofSection A, above, are met. V.E.6. No emission reduction credits are allowed from mobile sources unless those sources are subject to ambient impact and new source review permitting: V.E.7. Reductions down to compliance levels may not qualify for emission reduction credit. V.E.8. Ifan existing source commits to switch to a cleaner fuel at some future date, emission reduction credit is allowable only ifa permit is conditioned to require use ofa specified alternative control measure thatwould achieve the same degree ofemission reduction should the source switch back to a dirtierfuel at some later date. The Division will ensure that adequate long-term supplies ofthe newfuel are available before granting the reduction credit. · V.E.9. Emission reductions otherwise required by the Federal Act shall not be creditable as emission reductions. Incidental emission reductions that are not otherwise required by the Federal Act are creditable as emission reductions ifsuch emission reductions meet the requirements ofSection V. of Part D ofthis regulation, ifapplicable and this Section 

### V. V.E.10. The total tonnage of increased emissions, in tons peryear, resulting from a major modification that must be offset in accordance with Section 173 ofthe Federal Act shall be determined by summing the difference between the allowable emissions (as defined in Section 1.8.7. ofthis part) afterthe modification and the actual emissions (as defined in Section II.A.1. of Part D) before the modification for each emissions unit. V.F. Criteria for Approval ofall Transactions The use ofan emissions reduction in an emission credit transaction shall be approved only if it meets the following criteria: V.F.1. The transaction shall involve like pollutants. For toxic orvolatile organic compound pollutants, the trade should involve the same degrees oftoxicity or photochemical reactivity orelse a greater reduction may be required. New or modified major sources of a PM10 precursor can only obtain offsets from emissions reductions in that same PM10 precursor or in PM10. New or modified major sources of PM10 can only obtain offsets from emissions reductions in PM10. The offsets must be greaterthan one for one and represent a net air quality benefit in the area the source is proposing to locate or modify. (See exception in Section V.H.8.) V.F.2. No transaction shall be approved if it will result in an increased concentration, atthe point of maximum impact, of hazardous air pollutants.V.F.3. Where a significantfraction ofa criteria pollutant stream has been listed as hazardous by the Commission under Regulation Number8 orthe U.S. EPA under United States Code, Title 42, Section 7412 but has notyet been regulated, emissions containing that pollutant from sources within two hundred and fifty meters ofeach other may only be traded against each other on a greaterthan one for one basis that assures a net decrease in emissions ofthe hazardous pollutant. V.F.4. Hazardous and non-hazardous emissions ofthe same criteria pollutant may be traded against each other, provided the total emissions containing the hazardous pollutantfrom the sources involved in the transaction are required to decrease as a result ofthe transaction. V.F.5. No transaction may be approved that is inconsistentwith any standard established by the Federal Act, the state Act orthe regulations promulgated under either, orto circumvent New Source Performance Standards requirements or BestAvailable Control Technology although the Commission may approve a transaction using a certified emissions reduction credit in lieu ofa specified control technique guidance method or reasonably available control technology. V.F.6. No transaction shall be approved unless either: V.F.6.a.The source atwhich the emissions reduction occurred and the source using the emissions reductions are in the same nonattainment area or Prevention of Significant Deterioration baseline area; or V.F.6.b.The emissions reduction is to be used as an offsetto meetthe requirements of Section V.A.3. of Part D ofthis regulation, and the conditions ofthat section are metfor the use ofan offset obtained from a source outside the nonattainment area. V.F.7. Emission reduction credits may not be used to meet applicable technology based requirements for new sources such as New Source Performance Standards, Best Available Control Technology, or LowestAchievable Emission Rate, although the Commission may approve a transaction using a certified emissions reduction credit in lieu ofa specified control technique guidance method or reasonably available control technology. V.F.8. Trades Involving Open Dust: Sources of particulate emissions may be approved through case by case state implementation plan revisions based on modeled demonstrations of ambientequivalence. Sources proposing such trades must commit, as part ofthe trade's approval, to: V.F.8.a. Undertake a post approval monitoring program to evaluate the impact oftheir control efforts, and V.F.8.b. Make further enforceable reductions if post trade monitoring indicates initial open dust controls do not produce the predicted air quality results. V.F.9. The federal land manager must be notified ifan emissions trade will take place within one hundred kilometers ofa Prevention of Significant Deterioration Class I area. Notification must occur early enough in the review process to allow at leastthirty days forthe submittal ofcomments before the trade will be approved by the reviewing authority. Where a bubble within fifty kilometers ofa Prevention of Significant Deterioration Class I area is submitted as a case-by-case state implementation plan revision, the Division may

### call for additional technical support, beyond the applicable requirements ofthe modeling screen ifdeemed necessary to protect air quality in the Class I area. V.F.1 0. Effect on Trades of Subsequently-Discovered Clean AirAct Problems: Revisitation Considerations

- Ifambient violations are discovered in an area where the Division has approved a trade, or ifotherviolations ofthe act are discovered in that area, sources in the trade should be aware that they are potentially subject to requirements for additional emission reductions, just as are all other sources in the area. V.F.11. For volatile organic compound and nitrogen oxide trades, pound for pound trades will be considered equal in ambient effect where all sources involved in the trade are in the same control strategy demonstration area (nonattainment area) or ifoutside that area are sufficiently close to show an equal effect. V.F.12. For volatile organic compound trades involving surface coating, the emissions must be calculated on a solids applied basis and should specify the maximum time period over which the emissions may be averaged, not to exceed twenty-four hours. V.F.13. The following trades require a state implementation plan revision: V.F.13.a. PM10, sulfur dioxide, carbon monoxide or lead trades requiring full-scale dispersion modeling under Level Ill; V.F.13.b. PM10, sulfur dioxide, carbon monoxide or lead trades where complex terrain is within the area ofthe source's significant impact orfifty kilometers, whichever is less, unless the trade does not result in a modification ofeffective stack heights and the trade otherwise qualifies as De minimis or Levell. The area ofsignificant impact can be determined from Figure 1; V.F.13.c. Open Dust Trades; V.F.13.d. Level II trades involving process fugitive PM10, sulfur dioxide , carbon monoxide or lead emissions not discharged through stacks; V.F.13.e. Trades involving Emission Reduction Credits from mobile sources (see Section V.E.7.); V.F.13.f. Trades involving sources that are subject ofa notice ofviolation (NOV), noncompliance penalty action orthe filing ofajudicial complaint; V.F.13.g. Interstate trades; V.F.13.h. Volatile organic compound trades with averaging times longerthan twenty-four hours; V.F.13.i. Trades involving work practice and equipment standards; V.F.13.j. Trades involving negotiated Reasonably Available Control Technology baselines; V.F.13.k. Trades affecting areas that need but lack approved demonstrations of attainment. V.F.13.1. Emission credit transactions used as an alternative compliance method.

### V.F.14. No emission credit transaction shall be approved unless the terms ofthe transaction are incorporated in permits applicable to the originating (as applicable) and receiving emissions sources. V.F.15. Emission credittransactions that require a state implementation plan revision shall be considered by the Commission on a case-by-case basis. The source requesting approval ofthe transaction has the burden ofdemonstrating that all the criteria ofthis Section V.F., are met and ofdemonstrating that all applicable requirements for approval ofthe state implementation plan revision has been met. V.G. Bubble Transactions V.G.1. An owner oroperator ofan existing source may apply to the Commission for approval of a state implementation plan revision establishing a bubble. The bubble shall establish new emissions limitations fortwo or more facilities or operations within the source. V.G.2. The Commission shall not approve a bubble unless it meets the criteria for approval of Section V.F., and the Division has first certified an emissions reduction at a facility or operation included in the bubble. V.G.3. As part ofthe certification process, the amount ofallowable emissions shall be reduced atthe facility oroperation where the emissions reduction has occurred in accord with Section V.D.5. As part ofthe bubble approval, the Commission may approve an increase in the total allowable emissions atthe otherfacilities or operations covered by the bubble, by an amount notto exceed the amount ofthe subject certified emissions reduction. V.G.4. As part ofthe bubble approval, the Commission may extend compliance deadlines otherwise required by Commission regulations for volatile organic compounds orcarbon monoxide emissions, provided the following criteria are met: V.G.4.a. The applicant must demonstrate to the satisfaction ofthe Commission that reasonable further progress toward the attainment ofthe National Ambient Air Quality Standards underthe state implementation plan shall be maintained either by: V.G.4.a.(i) Achievementofemissions reductions earlier than otherwise required by certain facilities oroperations covered by the bubble; or V.G.4.a.(ii) Temporary use ofa certified emissions reduction to assure reasonable further progress toward attainment ofthe National Ambient Air Quality Standards. V.G.5. Ifsubsequent to the approval ofa bubble, the Commission promulgates new regulations or amends existing regulations applicable to a source forwhich the bubble has been approved, the source shall be required to meetthe new oramended regulations, irrespective ofthe bubble, by either further reducing emissions or using certified emissions reductions as offsets. V.G.6. Bubble applications in areas that require but lack approved demonstrations ofattainment, i.e., non approved state implementation plans, must be accompanied by assurances of consistency with ambient progress and air quality planning goals specified below: V.G.6.a. The resulting emission limits comply with the reduction requirements of Section V.D.5.c., and the baseline requirements of Section V.E.;

### V.G.6.b. The bubble emission limits will be included in any new state implementation plan and associated control strategy demonstration; V.G.6.c. The bubble will not constrain the Division's ability to obtain any additional emission reductions needed to expeditiously attain and maintain ambient air quality standards; V.G.6.d. The Division is making reasonable efforts to develop a complete approvable state implementation plan and intends to adhere to the schedule for such development (including dates for completion ofemission inventory and subsequent increments ofprogress) stated in orwith the letterformally submitting the bubble. V.G.7. Bubbles should not increase applicable net baseline emissions. Ordinarily, bubbles may not result in an increase in applicable net baseline emissions. Such a bubble would require a case-by-case state implementation plan revision, and may only be approved based upon a combined Level Ill and Level II modeling analysis (i.e., an analysis sufficient to show that all applicable requirements ofa full Level Ill analysis are met, and that the bubble would not result in any exceedance ofsignificance values specified for a Level II analysis at any receptor for any averaging time specified in an applicable ambient air quality standard). V.G.8. Bubbles should not increase emissions of hazardous ortoxic air pollutants. V.H. Offset Transactions V.H.1. The owner or operator ofa source at which an emissions reduction has occurred, and the owner or operator ofanother source who wishes to use the emissions reduction as an offset, may apply for approval ofan offset transaction. In such transactions certified emissions reductions may be applied to avoid causing a violation ofan increment in an attainment or attainment/maintenance area, orto meetthe requirements ofSection V.A.3. of Part D ofthis regulation. A certified emissions reduction may not be used as an offset for the purpose ofcomplying with an existing applicable emissions control regulation, except for Reasonably Available Control Technology. V.H.2. The Division shall determine whetherto approve an offset transaction in the following cases: V.H.2.a. Where the source using the emissions reduction would be allowed to increase emissions by less than one hundred tons per year. V.H.2.b. Where the transaction involves volatile organic compounds or oxides of nitrogen emissions. V.H.2.c.Where the transaction involves sulfur dioxide, PM10 or carbon monoxide emissions, and all sources involved in the transaction are within two hundred and fifty meters ofone another. V.H.3. Any proposed offset transaction, other than those referred to in Section V.H.2., shall be treated as a request to the Commission for a state implementation plan revision. V.H.4. Sources of PM10 precursors, sulfur dioxide, nitrogen oxide and carbon monoxide must seek offsets within reasonably close proximity. Sources of nitrogen oxide and volatile organic compounds may seek offsets over a greater area. However, for widely dispersed and volatile organic compound trades, a higher offset may be required. 

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### V.H.5. Ifthe applicant has used his best efforts in seeking the required emission offsets butwas unsuccessful, the source may petition for use ofsome portion ofgrowth allowance. The petition must state the emission increase will not interfere with Reasonably Further Progress and the petitioner is willing to enter into an enforceable program to provide the required emission offset at some future time. V.H.6. In the absence ofan approved attainment demonstration, banked Emission Reduction Credits from shutdowns orcurtailments may be used for offsets only ifthe criteria stated in Section V.E.5.b. of PartA ofthis regulation are met. V.H.7. In nonattainment areas with approved demonstrations, banked Emission Reduction Credits may be used for offsets in any trade provided the criteria stated in Section V.E.5.a. of Part A ofthis Regulation are met. V.H.8. lnterpollutant offsets (otherthan those offsets discussed above) may be approved by U.S. EPA on a case-by-case basis provided thatthe applicant demonstrates, on the basis of U.S. EPA-approved methods where possible, that the emissions increases from the new or modified source will not cause orcontribute to a violation ofan ambient air quality standard. A source's permit application that includes such an interpollutant offset proposal shall not be approved by the Division until there has been an opportunity for public hearing on the proposed emissions trade and until written approval has been received from the U.S. EPA. V.I. Netting Transactions V.l.1. Netting may exempt modifications ofexisting major sources from certain pre-construction permit requirements under new source review, so long as there is no significant net emission increase, as net emissions increase is defined in Section II.A.26. of Part D of this regulation. By netting out, the modifications is not considered major and therefore not subject to pre-construction permit requirements for major modifications as follows: V.l.1.a. Section VI. of Part D ofthis regulation, for prevention ofsignificant deterioration; V.l.1.b. Visibility analysis; and V.l.1.c. Section V.A. of Part D ofthis regulation, for nonattainment new source review. V.l.2. The Division shall grant such an exemption ifthe emissions reduction qualifies as an Emission Reduction Credit under Regulation Number 5 meets the criteria in Section V.E., for certification, and the difference between the amount ofthe certified emissions reduction, and the amount of new pollutants to be emitted from the new or modified facility, does not constitute a significant increase of pollutants. V.l.3. An increase of pollutants shall be considered significant if it equals orexceeds the amounts specified in the definition ofsignificant in Part D ofthis regulation. 

### VI. Fees 

### VI.A. General VI.A.1. Every person required to obtain a Construction orOperating Permit orto file an Air Pollution Emission Notice shall pay fees as set forth in the following sections. Such fees shall be charged to recoverthe direct and indirect"costs incurred by the Division in processing permit applications, issuing permits, and in conducting a compliance monitoring and enforcement program. Such fees shall apply without regard to whether a

### permit is issued, denied, withdrawn, or revoked. Fees shall be charged as indicated in Section VI.D. ofthis part. VI.B. Permit Processing Fees VI.B.1. Applicants for a permit shall be assessed total fees that shall be partially determined at the time that the Division makes its decision whether to issue preliminary approval ofthe permit and partially atthe time the Division makes its decision whether to issue final approval. VI.B.2. The partial fee collected at the time the Division makes its decision whether to issue preliminary approval ofthe permit shall include the costs associated with the preliminary engineering evaluation, modeling, and analysis of impact on ambient air quality, notice and publication requirements, and such other costs as are required for the aforementioned activities incurred by the Division up to the time ofthe decision of whetherto issue preliminary approval. VI.B.3. The final fee collected at the time the Division makes its decision ofwhetherto issue final approval shall include the balance ofthe total ofall costs associated with enforcement of any terms and conditions ofthe emission permit, the supervision ofcompliance testing, notice and publication requirements, and such other costs as are required for the processing, issuance, and administration ofthe permit. VI.B.4. Ifthe Division requires more than thirty hours to process an application, the Division shall inform the owner oroperator ofthe source and provide an estimate ofwhat the actual charges may be, priorto commencing with processing ofthe application, unless the owneroroperator waives this requirement in writing. VI.B.5. All permit processing fees assessed must be received within thirty days ofthe date of receipt ofthe written request therefore. All fees collected underthis regulation shall be made payable to the Colorado Department of Public Health and Environment. Construction permits shall not be issued until all such assessed fees have been paid. Permits issued in accordance with Part C ofthis regulation may be issued upon approval by the Division ofa fee payment schedule. VI.C. Annual Emissions Fees VI.C.1. As used in this Section VI., in accordance with Colorado Revised Statute Section 25-7- 114.7, regulated air pollutant means: VI.C.1.a. A volatile organic compound; VI.C.1.b. Each hazardous air pollutant; VI.C.1.c. Each pollutant regulated under Section 111 ofthe Federal Act (New Source Performance Standards); VI.C.1.d. Each pollutant for which a National AmbientAir Quality Standard has been promulgated, except for carbon monoxide; and VI.C.1.e. Each pollutant regulated under Section 25-7-109, except GHG ofthe state Act. VI.C.1.f. The term regulated air pollutant does not include fugitive dust as defined in Section 1.8.21. ofthis Part A, or any fraction thereof. 

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# !VI.C.2. Every owner oroperator ofan air pollution source required to file an Air Pollutant Emission Notice shall pay a nonrefundable annual emissions fee as setforth in Section VI.D.1. ofthis Part

### A. VI.C.3. All annual emissions fees assessed must be received within sixty days ofthe date of issuance ofthe written request therefore. All fees collected under this regulation shall be made payable to the Colorado Department of Public Health and Environment. VI.C.4. In no event shall an owner or operator ofa source pay more than a fee based upon total annual emissions offourthousand tons ofeach regulated air pollutant per source. VI.D. Fee Schedule VI.D.1. Annual emission fees and permit processing fees shall be charged in accordance with and in the amounts and limits specified in the provisions ofColorado Revised Statutes Section 25-7-114.7. Annual emission fees for regulated pollutants shall be $22.90 per ton. Annual emission fees for hazardous air pollutants shall be $152.90 perton. GHG is exemptfrom the requirementto pay annual emission fees. VI.D.2. Air Pollutant Emission Notice filing fees shall be charged in accordance with and in the amounts and limits specified in the provisions ofColorado Revised Statutes Section 25-7- 114.1. VII. Confidential Information or Data Contained in Air Pollutant Emission Notices, Permit Applications, or Reports Submitted Pursuantto Part C, Section V.C.6. VII.A. Upon written request to the Division, any person filing an Air Pollutant Emission Notice or permit application, or submitting reports pursuant to Regulation Number 3, Part C, Sections V.C.6. or V.C.7., may requestthat information contained in such an Air Pollutant Emission Notice, permit application, or report relating to secret processes or methods of manufacture or production be kept confidential. The written request must identify the basis for the claim thatthe information relates to secret processes or methods of manufacture or production. All information claimed as confidential must be segregated from the rest ofthe Air Pollutant Emission Notice, permit application, or report when submitted, with each page clearly marked as "Confidential," "Trade Secret," orother similar marking. VII. B. The Division will evaluate confidentiality claims based on the written request. The burden of establishing that the information relates to secret processes or methods of manufacture or production is on the claimant. Emission data, as defined in Colorado Revised Statutes Section 25-7-103(11.5), shall not be entitled to confidential treatment notwithstanding this Section VII., or any other law to the contrary. In no event shall an Operating Permit orthe compliance certifications submitted pursuant to Section Ill.B.S. of Part C ofthis Regulation Number 3 be entitled to confidential treatment. Ifthe Division determines that information requested to be kept confidential is not entitled to confidential treatment, it shall provide written notice ofthis determination at leastthree working days priorto making such information available to the public. VII.C. A request for confidential treatment of information ordata submitted to the Division shall be deemed a limited waiver by the applicant ofthe time constraints contained in Section Ill.B. of Part B, or Section IV. of Part C ofthis regulation. Therefore, any delay in the processing ofa permit application resulting from the Division's being required to give notice under Section VII.B., hereof, shall not be considered in determining whether the time constraints setforth in this regulation have been met. VIII. Technical Modeling and Monitoring Requirements

### VIllA Air Quality Models VIII.A.1.AII estimates ofambient concentrations required underthis Regulation Number 3 shall be based on the applicable air quality models, databases, and other requirements generally approved by U.S. EPA and specifically approved by the Division. Ifa non-U.S. EPA approved model, such as a wind tunnel study, is proposed, the nature and requirements ofsuch a model should be outlined to the Division at a pre-application meeting. The application will be deemed incomplete until there has been an opportunity for a public hearing on the proposed model and written approval ofthe U.S. EPA has been received. VIII.B. Monitoring VIII.B.1.AII monitoring must be performed in accordance with U.S. EPA accepted procedures as approved by the Division. VIII.B.2.An owner or operator may submit a monitoring program for a proposed source or modification to the Division for review. Within sixty days after such submittal, the Division shall: VIII.B.2.a. Approve the monitoring program; or VIII.B.2.b. Specifythe changes necessaryfor approval; otherwise, the monitoring program shall be deemed approved. VIII.C. Stack Heights This regulation sets limits for the maximum stack height credit to be used in ambient airquality modeling for the purpose ofsetting an emission limitation and calculating the air quality impact of a source. It does not limit the actual physical stack height for any source. The following shall not be considered in determining whether an emission limitation is met: VIII.C.1. Stack height in excess ofgood engineering practice; or VIII.C.2. Any other dispersion technique except that the provisions ofthis Section VIII.C. shall not apply to stack heights in existence or dispersion techniques implemented before December 31, 1970. Sources that were constructed, reconstructed, orforwhich major modifications were carried out after December 31, 1970, and that are emitting pollutants from such stacks, or using such dispersion techniques, shall be subject to the provisions ofthis section. VIII.D. Definitions as used in Section VIII.C. VIII.D.1. Stack in existence means that the owner oroperator had: VIII.D.1.a. Begun, orcaused to begin, a continuous program of physical on site construction ofthe stack; or VIII.D.1.b. Entered into binding agreements or contractual obligations that could not be cancelled or modified without substantial loss to the owner oroperator, to undertake a program ofconstruction ofthe stack to be completed in a reasonable time. 

# ' I**~** 

### t 

## l 

# I f t 

# !

,, 

# l 

# I r 

# i 

# !

### VIII.D.2. Dispersion Technique means any technique that attempts to affect the

VIII.D.3.concentration ofa pollutant in the ambient air by using that portion ofa stack that exceeds good engineering practice stack height, varying the rate ofemission ofa pollutant according to atmospheric conditions orambient concentrations ofthat pollutant, or by increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, orcombining exhaust gases from several existing stacks into one stack; or other selective handling ofexhaust gas streams so as to increase the exhaust gas plume rise. The preceding sentence does not include: VIII.D.2.a. The reheating ofa gas stream, following use ofa pollution control system, for the purpose of returning the gasto the temperature atwhich itwas originally discharged from the facility generating the gas stream; VIII.D.2.b. The merging ofexhaust gas streams where: VIII.D.2.b.(i) The source owner oroperator demonstrates that the facility was originally designed and constructed with such merged gas streams; VIII.D.2.b.(ii) After July 8, 1983, such merging is part ofa change in operation atthe facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions ofa pollutant. This exclusion from the definition ofdispersion techniques shall apply only to the emission limitation forthe pollutant affected by such change in operation; or VIII.D.2.b.(iii) Before July 8, 1985, such merging was part ofa change in operation at the facility that included the installation ofemissions control equipment orwas carried outfor sound economic orengineering reasons. Where there was an increase in the emissions limitation or, in the eventthat no emission limitation was in existence priorto the merging, the reviewing agency shall presume that merging was significantly motivated by intentto gain emissions creditfor greater dispersion. Absent a demonstration by the source owneroroperatorthat merging was not significantly motivated by such intent, the reviewing agency shall deny credit for the effects ofsuch merging in calculating the allowable emissions forthe source; VIII.D.2.c. Smoke management in agricultural or silvicultural prescribed burning programs; VIII.D.2.d. Episodic restrictions on residential wood burning and open burning; or VIII.D.2.e. Techniques that increase final exhaust gas plume rise where the resulting allowable emissions ofsulfur dioxide from the facility do not exceed five thousand tons per year. Good Engineering Practice Stack Height means the greaterof: VIII.D.3.a. 65 meters; or VIII.D.3.b. For stacks in existence on January 12, 1979 and forwhich the owner or operator had obtained all applicable pre-construction permits orapprovals required, Hg 

### =2.5H, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; andVIII.D.4.VIII.D.3.c. For all other stacks, Hg = H + 1.5L where: VIII.D.3.c.(i) Hg =good engineering practice stack height measured from the ground level elevation at the base ofthe stack; VIII.D.3.c.(ii) H =height of nearby structure(s) measured from the ground level elevation at the base ofthe stack; VIII.D.3.c.(iii) L =lesserdimension (height or projected width) of nearby structure(s) provided that the reviewing agency may require the use ofa field study orfluid model to verify Good Engineering Practice stack heightfor the source; or VIII.D.3.d. The height demonstrated by a fluid model ora field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations ofany air pollutant as a result ofatmospheric downwash, wakes, or eddy effects created by the source itself, structures, or terrain obstacles. Nearby as applied to good engineering practice is: VIII.D.4.a. For purposes ofapplying the formulae provided in Sections VIII.D.3.b. and VIII.D.3.c. in the definition of good engineering practice stack height means that distance up to five times the lesserofthe height orthe width dimension ofa structure, but not greaterthan 0.8 kilometers (1/2 mile), and VIII.D.4.b. For conducting demonstrations in Section VIII.D.3. in the definition of good engineering practice means not greaterthan 0.8 kilometers (1/2 mile), exceptthat the portion ofa terrain feature may be considered to be nearbythat falls within a distance of up to ten times the maximum height ofthe feature, notto exceed two miles ifsuch feature achieves a height 0.8 kilometers from the stack that is at leastforty percent ofthe good engineering practice stack height determine by the formula ortwenty-six meters, whichever is greater. VIII.D.5. Excessive concentrations forthe purpose ofdetermining good engineering practice, stack height in a fluid model orfield study, means: VIII.D.5.a. For sources seeking credit for stack height exceeding that established by the formulae, a maximum ground level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearbyterrain features that individually is at leastforty percent in excess ofthe maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and that contributes to a total concentration due to emissions from all sources that is greaterthan an ambient airquality standard. For sources subjectto the prevention ofsignificant deterioration program, an excessive concentration alternatively means a maximum ground level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features that individually is at leastforty percent in excess ofthe maximum concentration experienced in the absence ofsuch downwash, wakes, or eddy effects and greaterthan a prevention ofsignificant deterioration increment. The allowable emission rate to be used in making demonstrations shall be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the 

# I l ( 

# I 

# IAPPENDIX A 

### Division, an alternative em'ission rate shall be established in consultation with the source owner or operator; Vlii.D.S.b. For sources seeking credit after October 1, 1983for increases in existing stack heights up to the heights established by the formulae, either: Vlii.D.S.b.(i) A maximum ground level concentration due in whole or partto downwash, wakes oreddy effects as provided in Section Vlii.D.S.a. above, except that the emission rate specified by any applicable state implementation plan (or, in the absence ofsuch a limit, the actual emission rate) shall be used; or Vlii.D.S.b.(ii) The actual presence ofa local nuisance caused by the existing stack, as determined by the Division; and Vlii.D.S.b.(iii) For sources seeking credit afterJanuary 12, 1979 for a stack height determined using the formula, where the Division requires the use ofa field study orfluid model to verify good engineering practice stack height; for sources seeking stack height credit after November 9, 1984 based on the aerodynamic influence ofcooling towers; and for sources seeking credit after December 31, 1970 based on the aerodynamic influence ofstructures not adequately represented by the formulae: a maximum ground level concentration due in whole or partto downwash, wakes or eddy effects that is at leastforty percent in excess ofthe maximum concentration experienced in the absence ofsuch downwash, wakes oreddy effects.

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

### The following procedures must be followed in order to determine the appropriate de minimis (minimum) reporting level for each pollutant that is emitted from each emission point at a contiguous site. Ifyou do notwish to use the three-scenario approach atyour facility, you may elect to use Scenario 1 for all emission points. Definitions 

### Release Point- the lowest height above ground level from which the pollutants are emitted to the atmosphere. Property Boundary- the distance from the base ofthe release point to the nearest property boundary. Point

- an individual emission point ora group of individual emission points reported on one Air Pollutant Emission Notice as provided for in Part A, Section 

### 11.8.4. Methodology 

### To determine the de minimis level for a single pollutant being emitted from a point (single or grouped). STEP 1: 

### Determine which ofthe three scenarios below applies to the emission point. Ifdifferent scenarios can be applied to the same emission point, use the highest numbered scenario that applies. In the case of

### grouped emission points, use the lowest scenario number (forthe entire group) that applies to any ofthe single emission points within the group. Scenario 1: Release point less than 10 meters or property boundary less than 100 meters; Scenario 2: Release point equal to orgreaterthan 10 meters, but less than 50 meters, or property boundary equal to orgreaterthan 100 meters, but less than 500 meters; or Scenario 3: Release point equal to or greaterthan 50 meters, or property boundary equal to orgreaterthan 500 meters. STEP 2: 

### Use Appendix B to identify which ofthe three bins (Bin A, B, orC) the chemical is listed under. Ifthe pollutant is not listed, it does not have to be reported unless it is included in a chemical compound group. STEP 3: 

### Usethe table below to determine the de minimis level. All values are in pounds peryear.

Scenario 1 Scenario 2 Scenario 3 

### Chemical Bin De Minimis De Minimis De Minimis Bin A 50 125 250 Bin B 500 1250 2500 Bin C 1000 2500 5000 STEP4: 

### Repeat the above steps for each pollutant emitted from each emission point (single orgrouped). One Air Pollutant Emission Notice must be filed for each emission point that emits one or more chemicals above the de minimis level. APPENDIX B Non-criteria Reportable Pollutants (Sorted by BIN) 

### Note: HAP means federal, orfederal and state hazardous air pollutant HAPs means state-only hazardous air pollutant

CAS Toxics BIN 

### HAP 

### 179345 1,1 ,2,2-Tetrachloroethane AHAP 79005 1,1,2-Trichloroethane A HAP 75354 1,1-Dichloroethylene (Vinylidene A chloride) HAP 57147 1,1-Dimetl"lyl h_ydrazine A HAP 120821 1,2,4-Trichlorobenzene A HAP 96128 1,2-Dibromo-3-chloropropane A HAP 122667 1,2-Diphenylhydrazine A HAP 106887 1,2-Epoxybutane A HAP 75558 1,2-Pro_pylenimine**J2-Met~l aziridin~**  A HAP 106990 1,3-Butadiene A HAP 542756 1,3-Dichloropropene A HAPs 55981 1,4-Butanediol dimethanesulphonate A HAP 106467 1A-Dichlorobenzene A HAPs 7644410 1,4-Dichloro-2-butene A HAP 123911 1,4-Dioxane (1,4-Diethyleneoxide) A HAP 1746016 2,3,7,8-TCDD (Dioxin) A HAP 88062 2,4,6-Trichlorophenol A HAP 94757 2,4-D, salts and esters (2,4- A**Dichloropheno~acetic** acidl HAP 51285**2,4-Dinitro~henol** A HAP 121142 2,4-Dinitrotoluene A HAP 584849 2,4-Toluene diiso9'anate A 91087 2,6-Toluene diiso9'anate A HAP 532274 2-Chloroaceto_Qhenone A HAP 79469 2-Nitroproj>_ane A HAP 119937 3,3'-Dimeth_yl benzidine A HAP 91941 3,3-Dichlorobenzidene A HAP 119904 3,3-Dimethox}l_benzidine AHAP 101144 HAP 101779 HAP 534521 HAP 92671 HAP 75070 HAP 75058 HAP 107028 HAP 79061 HAP 79107

HAP 107131 HAPs 1402682 116063 HAPs 309002 107186 HAP 107051 20859738 HAP 62533 HAP 0 86884 HAP 0 HAP 1332214 HAP 71432 HAP 92875 HAP 98077 HAP 100447 4,4-Methylene bis (2-chloroaniline) 4,4-Methylenedianiline 4,6-Dinitro o-cresol, and salts 4-Aminobiphenyl Acetaldehyde Acetonitrile Acrolein Acrylamide Acrylic acid

Ac_l}'lonitrile Aflatoxins Aldicarb (Temik) Aldrin Allyl alcohol Allyl chloride Aluminum**pho~hide** Aniline Antimony compounds ANTU (alpha-naphthylthiourea) Arsenic compounds Asbestos Benzene Benzidine (R_-Diamino d!Q_hen_Y!}_ Benzotrichloride Benzyl chloride, (Chloromethyl)benzene A A A A A A A A A

A A A A A A A A A A A A A A A A 

# I I 

# ! !HAP 0 Beryllium**com~ounds** A HAP 542881 Bischloromethyl ether A HAP 117817 Bis(2-ethylhexyl) phthalate (DEHP) A (Dioctyl phthalate) 7726956 Bromine A HAP 75252 Bromoform A HAP 0 Cadmium compounds A HAP 156627 Calcium cyanamide A HAP 133062 Captan A 1563662 Carbofuran A HAP 75150 Carbon disulfide A HAP 56235 Carbon tetrachloride A HAP 120809 Catechol A HAP 133904 Chloramben (3-amino-2,5-dichloro A benzoic acid) HAP 57749 Chlordane A HAP 7782505 Chlorine A HAP 79118 Chloroacetic acid A HAP 108907 Chlorobenzene A 107073 Chloroethanol A HAP 67663 Chloroform (Trichloromethane) A HAP 107302 Chloromethyl methyl ether A HAP 126998 Chloroprene (2-Chloro-1 ,3-butadiene) A HAP 0 Chromium compounds (incl. 6+ A compounds, etc.) HAP 0 Cobalt compounds (as cobalt metal A dust and fumes) HAP 0 Coke Oven Emissions A HAP 1319773 Cresylic acid/Cresols A4170303 Crotonaldehyde A 123739 Crotonaldehyde (E) A HAP 98828 Cumene A HAP 0 Cyanide compounds A HAP 3547044 ODE A (Dichlorodiphenyldichloroethylene) 8065483 Demeton A HAP 334883 Diazomethane A 19287457 Diborane A HAP 111444 Dichloroethyl ether (Bis(2- A chloroethyl)ether}_ HAP 62737 Dichlorvos A 141662 Dicrotophos A HAPs 60571 Dieldrin A HAP 111422 Diethanolamine A 115264 Dimefox A 60515 Dimethoate A HAP 77781 Dimethyl sulfate A HAP 68122 Dimethylformamide A 78342 Dioxathion A 152169 Diphosphoramide, octamethyl A 298044 Disulfoton A 115297 Endosulfan A 72208 Endrin A HAP 106898 Epichlorohydrin (1-Chloro-2,3- A epoxypropane) 563122 Ethion A HAP 140885 Ethyl acrylate AHAP 106934 Ethylene dibromide (1 ,2- A Dibromoethane) HAP 107062 Ethylene dichloride (1 ,2- A Dichloroethane) HAP 151564 Eth_ylene imine_(Aziridine) A HAP 75218 Ethylene oxide A HAP 96457 Ethylene thiourea A 22224926 Fenaminophos (Fenamiphos) A 115902 Fensulfothion A HAP 0 Fine mineral fibers A 944229 Fonofos A HAP 50000 Formaldehyde A 110009 Furan A HAP 0 Glycol ethers A HAP 76448 Heptachlor A HAP 118741 Hexachlorobenzene A HAP 87683 Hexachlorobutadiene A HAP 77474 Hexachlorocyclopentadiene A HAP 67721 Hexachloroethane A HAP 822060**Hexameth~lene-1 ,6-diisoc~anate**  A HAP 302012 Hydrazine A HAP 7647010 Hydrochloric acid {_Hydrogen chloride)_ A HAP 7664393 H_y_dro_g_en fluoridelHy_drofluoric acid) A 7783064 Hydrogen sulfide A 465736 lsodrin A HAP 78591 lsophorone A 4098719 lsophorone diisocyanate A HAP 0 Lead com_Q_oundslexcept elemental AHAP



# -

HAP 

### 0 950107 HAP 

### 0 126987 10265926 950378 HAP 

### 72435 86500 HAP 

### 74839 HAP 

### 74873 HAP 

### 60344 HAP 

### 74884 HAP 

### 624839 74931 HAP 

### 75092 HAP 

### 101688 7786347 505602 HAP 

### 121697

HAP 

### 0

54115 7697372 HAP 

### 98953 HAPs 

### 55185 lead) Lindane (all isomers of hexachlorocyclohexane)_ Manganese compounds Mephosfolan Mercury compounds Methacrylonitrile Methamidophos Methidathion Methoxychlor Methyl azinphos Methyl bromide (Bromomethane) Methyl chloride (Chloromethane) Methyl hy_drazine Methyl iodide (lodomethane)_ Methyl isocyanate Methyl mercaptan (Methanethiol) Methylene chloride (Dichloromethane) Methylene diQ_henyl**diiso~_anate**_{_MDI}_ Mevinphos Mustard gas (Dichlorodiethyl sulfide) N,N-Diethyl aniline (N,NDimethylaniline) Nickel compounds (incl. nickel subsulfide) Nicotine Nitric acid Nitrobenzene N-Nitrosodiethylamine A

A A A A A A A A A A A A A A A A A A A

A

A A A A 

# I 

# I I 

# I

t t I

## ~ t { 1**~** 

# t rHAP 62759 N-Nitrosodimethylamine A HAPs 924163 N-Nitroso-di-n-butylamine A HAP 90040 o-Anisidine A HAP 95534 a-Toluidine A 1910425 Paraquat A 2074502 Paraquat methosulfate A HAP 56382 Parathion A 298000 Parathion-methyl A HAP 82688 Pentachloronitrobenzene A (Quintobenzene) HAP 87865 Pentachlorophenol A HAP 127184 Perchloroethylene A (Tetrachloroethylene) HAPs 122601 Phenyl glyceryl ether (3 phenoxy 1,2 A propanediol} 298022 Phorate A HAP 75445 Phosgene A HAP 7803512 Phosphine A HAP 7723140 Phosphorous A HAP 1336363 Polychlorinated biphenyls (PCBs) A _(Aroclors) HAP 0 Polycylic Organic Matter A HAP 57578 Propiolactone, beta A HAP 114261 Propoxur (Baygon}_ A HAP 78875 Propylene dichloride (1,2- A Dichloropropanel HAP 75569 Pre>pylene oxide A HAP 106445 p-Cresol A HAP 91225 Quinoline AHAP 106514 Quinone A HAP 0 Radionuclides (including radon) A HAP 0 Selenium compounds A 62748 Sodium fluoroacetate A 131522 Sodium pentachlorophenate A 57249 Strychnine A 3689245 Sulfotep A 13494809 Tellurium A 107493 TEPP (Tetraethyldithiopyrophosphate) A 13071799 Terbufos A 509148 Tetranitromethane A



# - Thallium compounds A 108985 ThioQ_henol (Phen_yl mercaptan) A HAP 8001352 Toxaphene (Camphechlor) A HAP 121448 Triethylamine A HAP 1582098 Trifluralin A HAP 593602 Vii}YI bromide A HAP 75014 Vinyl chloride A 81812 Warfarin A 129066 Warfarin sodium A 1314847 Zinc phosphide A HAP 1120714 1,3-Propane sultone B HAP 95807 2,4-Toluene diamine B HAPs 132274 2-Biphenylol sodium salt B HAPs 60153493 3-(N-Nitrosomethylamine) B (Propionitrile) HAP 60355 Acetamide B7664417 Ammonia B HAPs 115286 Chlorendic acid B HAPs 108171262 Chlorinated paraffins (C12, 60% B chlorine) HAP 510156 Chlorobenzilate (ethyl-4,4'- B dichlorobenzilate) HAPs 117102 Chrysazin (Dorbane) B HAPs 2646175 Cl Solvent Orange 2 B 1464535 Die_poxybutane B HAP 64675 Diethyl sulfate B 1642542 Diethylchlorophosphate B HAP 60117 Dimethyl aminoazobenzene B HAP 79447 Dimethyl carbamoyl chloride B HAPs 2475458**Di~erse** Blue 1 B HAP 51796 Ethyl carbamate (Urethane) B HAP 75343 Ethylidene dichloride (1,1- B Dichloroethane) 144490 Fluoracetic acid B HAP 680319 Hexamethylphosphoramide B 55914 lsofluorphate B HAPs 64091914 Ketone, 3-pyridyi-3-(N-methyi-N- B nitrosoamine) propyl 16752775 Methomyl B 79221 Methyl chloroformate B HAP 108101 Methyl isobutyl ketone (MIBK) B (Hexane) HAPs 78988 Methylglyoxal B HAP 108394 m-Cresol B HAP 91203 Na_phthalene BHAPs



## - Nitrilotriacetic acid, Ca-, Na-, K salts B HAP 59892 N-Nitrosomorpholine B HAP 684935 N-nitroso-N-metl}ylurea B 23135220 Oxamyl B HAP 95487 a-Cresol B 732116 Phosmet B HAP 85449 Phthalic anhydride B 107448 Sarin B 7664939 Sulfuric acid B 77816 Tabun B 110576 Trans 1,4-dichlorobutene B HAP 71556 1, 1, 1-Trichloroethane (Methyl 

## c chloroform) HAP 540841 2,2,4-Trimethylpentane 

## c 540885 Tertiary Butyl Acetate 

## c HAP 95954 2,4,5-Trichlorophenol 

## c HAP 53963 2-Acetylaminofluorene 

## c HAP 92933 4-Nitrobiphenyl 

## c HAP 100027 4-Nitrop_henol 

## c HAP 98862 Acetophenone 

## c 814686 Acrylyl chloride 

## c 54626 Aminopterin 

## c 78535 Amiton 

## c 3734972 Amiton oxalate 

## c 88051 Aniline,2,4,6-Trimethyl 

## c 1397940 Antimycin A 

## c HAP 92524 Biphenyl 

## c

### 534076 Bisl_chloromethyl)ketone 

# c 10294345 Boron trichloride 

# c 28772567 Bromodiolone 

# c HAP 63252 Carbaryl 

# c HAP 463581 Carbonyl sulfide 

# c 786196 Carbophenothion 

# c 470906 Chlorfenvinfos 

# c 24934916 Chlormephos 

# c 3691358 Chlorophacinone 

# c 1982474 Chloroxuron 

# c 21923239 Chlorthiophos 

# c 56724 Coumaj>_hos 

# c 5836293 Coumatetralyl 

# c 535897 Crimidine 

# c 675149 Cyanuric fluoride 

# c 66819 Cyclohexamide 

# c 108918**Cy_clohe~lamine** 

# c 919868 Demeton-s-methyl 

# c 10311849 Dialifor 

# c HAP 132649 Dibenzofurans 

# c HAP 84742 Dibutyl phthalate 

# c 149746 Dichloromethylphenylsilane 

# c HAP 131113 Dimethyl phthalate 

# c 75183 Dimethyl sulfide (Methyl sulfide) 

# c 2524030 Dimethylphosphorochloridothioate 

# c 99989 Dimethyl-p-phenylenediamine 

# c644644 Dimetilan 

# c 1420071 Dinoterb 

# c 82666 Diphacinone 

# c 541537 Dithiobiuret 

# c 2778043 Endothion 

# c 13194484 Ethoprophos (Ethoprop) 

# c 2642719 Ethyl azinphos 

# c HAP 100414 Ethyl benzene**(Phenylethan~** 

# c 538078 Ethyl bis (2-chloroethyl)amine 

# c HAP 75003 Ethyl chloride (Chloroethane) 

# c 107153 Ethylene diamine 

# c 371620 Ethylene fluorol}_ydrin 

# c HAP 107211 Ethylene glycol 

# c 542905 Ethylthiocyanate 

# c 122145 Fenitrothion 

# c 4301502 Fluenetil 

# c 7782414 Fluorine 

# c 640197 Fluoroacetamide 

# c 359068 Fluoroacetyl chloride 

# c 23422539 Formotanate hydrochloride 

# c 2540821 Formothion 

# c 17702577 Form_paranate 

# c 21548323 Fosthietan 

# c 3878191 Fuberidazole 

# c 4835114 Hexamethylenediamine, N,N-dibutyl 

# c HAP 110543 Hexane 

# cHAP 123319 Hydroquinone 

# c 297789 lsobenzan 

# c 108236 Isopropyl chlorformate 

# c 625558 lso_pro_QYI formate 

# c 119380 lsopropylmethylpyrazolyl 

# c dimethylcarbamate (Isola!}}_ 21609905 Leptophos 

# c HAP 108316 Maleic anhydride 

# c HAP 67561 Methanol (Methyl alcohol) 

# c 2032657 Methiocarb 

# c 624920 Methyl disulfide 

# c 556616 Methyl isothiocyanate 

# c HAP 80626 Methyl methacrylate 

# c 3735237 Methyl phenkapton 

# c 78944 Methyl vinyl ketone13-butene-2-onEtl 

# c 315184 Mexacarbate 

# c HAP 1634044 MTBE (Methyl tertiary butyl ether) 

# c HAP 108383 m-Xylene 

# c 1122607 Nitrocyclohexane 

# c 991424 Norbormide 

# c HAPs 615532 N-nitroso-N-methylurethane 

# c 2497076 Oxydisulfoton 

# c

- Ozone depleting compounds (CFC, 

# c etc.) HAP 95476 a-Xylene 

# c 79210 Peracetic acid 

# c HAP 108952 Phenol 

# c 64006 Phenol,3-(1-methylethyl)- 

# c947024 13171216 110894 23505411 2631370 106967 HAP 123386 140761 53558251 HAP 106503 HAP 106423 60413 HAP 100425 HAP 96093 7446119 297972

79196 HAP 7550450 HAP 108883 HAP 79016 555771 2001958 HAP 108054 HAP 1330207 28347139 HAP



## - methylcarbamate Phosfolan Phosphamidon Piperidine Pirimifos-ethyl Promecarb Pro_2_argyl bromide Propionaldehyde Pyridine, 2-methyl-5-vinyl Pyriminil p-Phenylenediamine _p-X_ylene Strychnine sulfate Styrene Styrene oxide Sulfurtrioxide Thionazin (0,0-Diethyl-0-(2- pyrazinyl)phosphorothioatej Thiosemicarbizide Titanium tetrachloride Toluene Trichloroethylene_(_TCEJ Tris(2-chloroethyl)amine Valinomycin Vinyl acetate Xylene (and mixed isomersJ Xylylene dichloride Lindane (all isomers of 

# c c c c c c c c c c c c c c c c

c c c c c c c c c A 

# r 

# Ihexachlorocyclohexane)



## - Thallium compounds A HAPs 

# - Nitrilotriacetic acid, Ca-, Na-, K salts B



## - Ozone depleting compounds (CFC, 

# c etc.) HAP 0 Antimony compounds A HAP 0 Arsenic compounds A HAP 0 Beryllium compounds A HAP 0 Cadmium compounds A HAP 0 Chromium compounds (incl. 6+ A compounds, etc.)_ HAP 0 Cobalt compounds (as cobalt metal A dust and fumes) HAP 0 Coke Oven Emissions A HAP 0 Cyanide compounds A HAP 0 Fine mineral fibers A HAP 0 Glycol ethers A HAP 0 Lead compounds (except elemental A lead) HAP 0 Manganese compounds A HAP 0 Mercury compounds A HAP 0 Nickel compounds (incl. nickel A subsulfide) HAP 0 Polycyclic Organic Matter A HAP 0 Radionuclides{including_ radon) A HAP 0 Selenium compounds A HAP 50000 Formaldehyde A HAP 51285 2,4-Dinitro_phenol A HAP 51796 Ethyl carbamate_(Urethanel B HAP 53963 2-Acetylaminofluorene 

# c540885 Tertiary Butyl Acetate 

# c 54115 Nicotine A 54626 Aminopterin 

# c HAPs 55185 N-Nitrosodiethylamine A 55914 lsofluorphate 

### 8 HAPs 55981 1,4-Butanediol dimethanesulphonate A 

# I

[ 

### I HAP 56235 Carbon tetrachloride A HAP 56382 Parathion A 56724 Couma_Qhos 

# c HAP 57147 1,1-Dimethyl hydrazine A 57249 Strychnine A HAP 57578 Propiolactone, beta A HAP 57749 Chlordane A HAP 59892 N-Nitrosomorpholine 

### 8 HAP 60117 Dimethyl aminoazobenzene 

### 8 HAP 60344 Methyl hydrazine A HAP 60355 Acetamide 

### 8 60413 Strychnine sulfate 

# c 60515 Dimethoate A HAPs 60571 Dieldrin A HAP 62533 Aniline A HAP 62737 Dichlorvos A 62748 Sodium fluoroacetate A HAP 62759 N-Nitrosodimethylamine A HAP 63252 Carbaryl 

# c 64006 Phenol,3-(1-methylethyl)- 

# c methylcarbamateHAP 64675 Diethyl sulfate B 66819 Cyclohexamide 

# c HAP 67561 Methanol (Methyl alcohol) 

# c HAP 67663 Chloroform (Trichloromethane) A HAP 67721 Hexachloroethane A HAP 68122 Dimethylformamide A HAP 71432 Benzene A HAP 71556 1,1,1-Trichloroethane (Methyl 

# c chloroform) 72208 Endrin A HAP 72435 Methoxychlor A HAP 74839 MethyJ bromide (Bromomethane) A HAP 74873 Methyl chloride (Chloromethane) A HAP 74884 Methyl iodide (lodomethane) A 74931 Methyl mercaptan (Methanethiol) A HAP 75003 Ethyl chloride (Chloroethanel 

# c HAP 75014 Vinyl chloride A HAP 75058 Acetonitrile A HAP 75070 Acetaldehyde A HAP 75092 Methylene chloride (Dichloromethane) A HAP 75150 Carbon disulfide A 75183 Dimethyl sulfide (Methyl sulfide) 

# c HAP 75218 Ethylene oxide A HAP 75252 Bromoform A HAP 75343 Ethylidene dichloride (1, 1- B Dichloroethane) HAP 75354 1,1-Dichloroethylene (Vinylidene A chloride)HAP 75445 Phosgene A HAP 75558 1,2-Propylenimine (2-Meth_yl aziridinel A HAP 75569 Propylene oxide A HAP 76448 HeQtachlor A HAP 77474**Hexachlorocyclo~entadiene** A HAP 77781 Dimethyl sulfate A 77816 Tabun 

### B 78342 Dioxathion A 78535 Amiton 

# c HAP 78591 lsophorone A HAP 78875 Propylene dichloride (1 ,2- A Dichloropropane) 78944 Methyl vinyl ketone (3-butene-2-one) 

# c HAPs 78988 Methylglyoxal 

### B HAP 79005 1,1 ,2-Trichloroethane A HAP 79016 Trichloroethylene (TCE) 

# c HAP 79061 Acrylamide A HAP 79107 Acrylic acid A HAP 79118 Chloroacetic acid A 79196 Thiosemicarbizide 

# c 79210 Peracetic acid 

# c 79221 Methyl chloroformate 

### B HAP 79345 1,1 ,2,2-Tetrachloroethane A HAP 79447 Dimethyl carbamoyl chloride 

### B HAP 79469 2-Nitropropane A HAP 80626 Methyl methacrylate 

# c Warfarin 81812 A82666 Diphacinone 

# c HAP 82688 Pentachloronitrobenzene A (Quintobenzene) HAP 84742 Dibutyl phthalate 

# c HAP 85449 Phthalic anhydride B 86500 Methyl azinphos A 86884 ANTU (alpha-naphthylthioureal A HAP 87683 Hexachlorobutadiene A HAP 87865 Pentachlorophenol A 88051 Aniline,2,4,6-Trimethyl 

# c HAP 88062 2,4,6-Trichlorophenol A HAP 90040 o-Anisidine A 91087 2,6-Toluene**diiso~anate** A HAP 91203 Naphthalene B HAP 91225 Quinoline A HAP 91941 3,3-Dichlorobenzidene A HAP 92524 ' Biphenyl 

# c HAP 92671 4-Aminobip_hen_yl A HAP 92875 Benzidine (p-Diamino diphenyl) A HAP 92933 4-Nitrobiphenyl 

# c HAP 94757 2,4-D, salts and esters (2,4- A Dichlorophenoxyacetic acid) HAP 95476 o-Xylene 

# c HAP 95487 a-Cresol B HAP 95534 a-Toluidine A HAP 95807 2,4-Toluene diamine B HAP 95954 2,4,5-Trichlorophenol 

# c HAP 96093 Styrene oxide 

# cHAP 96128 1,2-Dibromo-3-chloropropane A HAP 96457 Ethylene thiourea A HAP 98077 Benzotrichloride A HAP 98828 Cumene A HAP 98862 Acetophenone 

# c 98873 Benzal chloride 

### 8 [(Dichloromethyl)benzene; benzylidenechloride] HAP 98953 Nitrobenzene A 99989**Dimeth~l-~-phenylenediamine** 

# c HAP 100027 4-Nitrophenol 

# c HAP 100414 Ethyl benzene (Phenylethane) 

# c HAP 100425 Styrene 

# c HAP 100447 Benzyl chloride, A (Chloromethyl)benzene HAP 101144 4,4-Methylene bis_{_2-chloroaniline) A HAP 101688 Methylene diphenyl diisocyanate (MDI) A HAP 101779 4,4-Methylenedianiline A HAP 106423 p-Xylene 

# c HAP 106445 p-Cresol A HAP 106467 1,4-Dichlorobenzene A HAP 106503 p-Phenylenediamine 

# c HAP 106514 Quinone A HAP 106887 1,2-Epoxybutane A HAP 106898 Epichlorohydrin (1-Chloro-2,3- A epoxypropane) HAP 106934 Ethylene dibromide (1 ,2- A Dibromoethane) 106967 Propargyl bromide 

# cHAP 106990 1,3-8utadiene A HAP 107028 Acrolein A HAP 107051 Allyl chloride A HAP 107062 Ethylene dichloride (1 ,2- A Dichloroethane) 107073 Chloroethanol A HAP 107131 Acrylonitrile A 107153 Eth_ylene diamine 

# c 107186 Allyl alcohol A HAP 107211 Ethylene glycol 

# c HAP 107302 Chloromethyl methyl ether A 107448 Sarin 8 107493 TEPP (Tetraethyldithiopyrophosphate) A HAP 108054 Vinyl acetate 

# c HAP 108101 Methyl isobutyl ketone (MI8K) 8 (Hexone) 108236 Isopropyl chlorformate 

# c HAP 108316 Maleic anhydride 

# c HAP 108383 m-Xylene 

# c HAP 108394 m-Cresol 8 HAP 108883 Toluene 

# c HAP 108907 Chlorobenzene A 108918 Cyclohex_ylamine 

# c HAP 108952 Phenol 

# c 108985 ThioR_henollPhen_yl merca_ptanl A 110009 Furan A HAP 110543 Hexane 

# c 110576 Trans 1,4-dichlorobutene 8110894 Piperidine 

# c HAP 111422 Diethanolamine A HAP 111444 Dichloroethyl ether (Bis(2- A chloroethyl)ether) HAP 114261 Propoxur (Baygon}_ A 115264 Dimefox A HAPs 115286 Chlorendic acid B 115297 Endosulfan A 115902 Fensulfothion A 116063 Aldicarb (Temik) A HAPs 117102 Chrysazin (Dorbane) B HAP 117817 Bis(2-ethylhexyl) phthalate (DEHP) A (Dioctyl phthalate) HAP 118741 Hexachlorobenzene A 119380 lsopropylmethylpyrazolyl 

# c dimethylcarbamate (lsolan) HAP 119904 3,3-Dimethoxybenzidine A HAP 119937 3,3'-Dimethyl benzidine A HAP 120809 Catechol A HAP 120821 1,2,4-Trichlorobenzene A HAP 121142 2,4-Dinitrotoluene A HAP 121448 Triethylamine A HAP 121697 N,N-Diethyl aniline (N,N- A Dimethylaniline) 122145 Fenitrothion 

# c HAPs 122601 Phenyl glyceryl ether (3 phenoxy 1,2 A propanediol) HAP 122667 1,2-Diphenylhydrazine A HAP 123319 Hydrog_uinone 

# cHAP 123386 Propionaldehyde 

# c 123739 Crotonaldehyde (E) A HAP 123911 1,4-Dioxane (1,4-Diethyleneoxide) A 126987 Methacrylonitrile A HAP 126998 Chloroprene (2-Chloro-1,3-butadienej A HAP 127184 Perchloroethylene A (Tetrachloroethylene) 129066 Warfarin sodium A HAP 131113 Dimethyl phthalate 

# c 131522 SodiumJ>entachlorophenate A HAPs 132274 2-Biphenylol sodium salt B HAP 132649 Dibenzofurans 

# c HAP 133062 Captan A HAP 133904 Chloramben (3-amino-2,5-dichloro A benzoic acid) 140761 Py_ridine, 2-meth_yl-5-vinyl 

# c HAP 140885 Ethyl acrylate A 141662 Dicrotophos A 144490 Fluoracetic acid B 149746 Dichloromethylphenylsilane 

# c HAP 151564 Ethylene imine (Aziridine) A 152169 Diphosphoramide, octamethyl A HAP 156627 Calcium cyanamide A 297789 lsobenzan 

# c 297972 Thionazin (0,0-Diethyl-0-(2- 

# c pyrazinyl)phosphorothioate} 298000 Parathion-methyl A 298022 Phorate A298044 Disulfoton A HAP 302012 Hydrazine A HAPs 309002 Aldrin A 315184 Mexacarbate 

# c HAP 334883 Diazomethane A 359068 Fluoroacetyl chloride 

# c 371620 Ethylene fluorohydrin 

# c HAP 463581 Carboi}YI sulfide 

# c 465736 lsodrin A 470906 Chlorfenvinfos 

# c 505602 Mustard gas (Dichlorodiethyl sulfide) A 509148 Tetranitromethane A HAP 510156 Chlorobenzilate (ethyl-4,4'- 

### 8**dichlorobenzilat~** HAP 532274 2-Chloroacetophenone A 534076 Bis(chloromethyl)ketone 

# c HAP 534521 4,6-Dinitro a-cresol, and salts A 535897 Crimidine 

# c 538078 Ethyl bis {_2-chloroetiJ.y!lamine 

# c HAP 540841 2,2,4-TrimethyiQ_entane 

# c 541537 Dithiobiuret 

# c HAP 542756 1,3-Dichloropropene A HAP 542881 Bischloromethyl ether A 542905 Ethylthiocyanate 

# c 555771 Tris(2-chloroethyl)amine 

# c 556616 Methyl isothiocyanate 

# c 563122 Ethion AHAP 584849 2,4-Toluene diisocyanate A HAP 593602**Vin~l** bromide A HAPs 615532 N-nitroso-N-methyJurethane 

# c HAP 624839 Methyl isocyanate A 624920 Methyl disulfide 

# c 625558 Isopropyl formate 

# c 640197 Fluoroacetamide 

# c 644644 Dimetilan 

# c 675149 C_yanuric fluoride 

# c HAP 680319 Hexamethylphosphoramide 

### B HAP 684935 N-nitroso-N-methylurea 

### B 732116 Phosmet 

### B 786196 Carbophenothion 

# c 814686 Acrylyl chloride 

# c HAP 822060 Hexamethylene-1**,6-diisoc~anate** A 919868 Demeton-s-methyl 

# c HAPs 924163 N-Nitroso-di-n-butylamine A 944229 Fonofos A 947024 Phosfolan 

# c 950107 Me_flhosfolan A 950378 Methidathion A 991424 Norbormide 

# c HAP 1120714 1,3-Propane sultone 

### B 1122607 Nitrocyclohexane 

# c 1314847 Zinc phosphide A HAP 1319773 Cresylic acid/Cresols AHAP 1330207 Xylene (and mixed isomers) 

# c HAP 1332214 Asbestos A HAP 1336363 Polychlorinated biphenyls (PCBs) A

..CAroclors) 1397940 Antimycin A 

# c HAPs 1402682 Aflatoxins A 1420071 Dinoterb 

# c 1464535 Diepoxybutane B 1563662 Carbofuran A HAP 1582098 Trifluralin A HAP 1634044 MTBE (Methyl tertiary butyl ether) 

# c 1642542 Diethylchlorophosphate B HAP 1746016 2,3,7,8-TCDD (Dioxin) A 1910425 Paraquat A 1982474 Chloroxuron 

# c 2001958 Valinomycin 

# c 2032657 Methiocarb 

# c 2074502 Paraquat methosulfate A HAPs 2475458 Disperse Blue 1 B 2497076 Oxydisulfoton 

# c 2524030 Dimethylphosphorochloridothioate 

# c 2540821 Formothion 

# c 2631370 Promecarb 

# c 2642719 Ethyl azinphos 

# c HAPs 2646175 Cl Solvent Orange 2 B 2778043 Endothion 

# c HAP 3547044 DOE A (Dichlorodiphenyldichloroethylene)3689245 Sulfotep A 3691358 Chlorophacinone 

# c 3734972 Amiton oxalate 

# c 3735237 Methyl phenkapton 

# c 3878191 Fuberidazole 

# c 4098719 lsophorone**diiso~~anate** A 4170303 Crotonaldehyde A 4301502 Fluenetil 

# c 4835114 Hexamethylenediamine, N,N-dibutyl 

# c 5836293 Coumatetralyl 

# c 7446119 Sulfur trioxide 

# c HAP 7550450 Titanium tetrachloride 

# c HAPs 7644410 1,4-Dichloro-2-butene A HAP 7647010 Hydrochloric acid (Hydrogen chloride) A HAP 7664393 H_ydro_g_en fluoride_{_H_ydrofluoric acicll A 7664417 Ammonia 

### 8 7664939 Sulfuric acid 

### 8 7697372 Nitric acid A HAP 7723140 Phosphorous A 7726956 Bromine A 7782414 Fluorine 

# c HAP 7782505 Chlorine A 7783064 Hydrogen sulfide A 7786347 Mevinphos A HAP 7803512 Phosphine A HAP 8001352 Toxaphene (Camphechlol"}_ A

# t 

# I i

8065483 Demeton A 10265926 Methamidophos A 10294345 Boron trichloride 

# c 

# I 

# I

10311849 Dialifor 

# c 13071799 Terbufos A 13171216 Phosphamidon 

# c 13194484 Ethoprophos (Ethoprop) 

# c 13494809 Tellurium A 16752775 Methomyl B 17702577 Formparanate 

# c 19287457 Diborane A 20859738 Aluminum phosphide A 21548323 Fosthietan 

# c 21609905 Leptoj>_hos 

# c 21923239 Chlorthiophos 

# c 22224926 Fenaminophos (Fenamiphos) A 23135220 Oxamyl B 23422539 Formotanate hydrochloride 

# c 23505411 Pirimifos-eth_yl 

# c 24934916 Chlormephos 

# c 28347139 Xylylene dichloride 

# c 28772567 Bromodiolone 

# c 53558251 Pyriminil 

# c HAPs 60153493 3-(N-Nitrosomethylamine) B (Propionitrile) HAPs 64091914 Ketone, 3-pyridyi-3-(N-methyi-N- B nitrosoamine) propyl 

# I I HAPs 108171262 Chlorinated paraffins (C12, 60% B 

# I

# I chlorine) 

### PARTB CONCERNING CONSTRUCTION PERMITS I. Applicability I.A. The provisions ofthis Part 8 shall apply statewide. All sources that did not commence construction oroperation prior to February 1, 1972, are required to have a construction permit except as specified in Section II. 

### II. General Requirements For Construction Permits II.A. General Considerations II.A.1. Except where specifically authorized by the terms ofthis Regulation Number3, no person shall commence construction ofany stationary source or modification ofa stationary source without first obtaining or having a valid construction permit from the Division. II.A.2. Any permit that has been issued pursuant to a prior regulation ofthe Commission, with respect to a project orthe operation thereof, shall continue in full force and effect for the purpose for that it was originally issued, unless this current regulation no longer requires such permit, in that case the permit can be rescinded upon request ofthe owneror operatorofthe permitted source. II.A.3. Any orders ordecisions ofthe Division shall be final upon issuance, according to Section III.F.3. ofthis Part B. II.A.4. Construction permits for criteria pollutants, GHG and hazardous air pollutants shall be issued based on the production/process rate requested in the Air Pollutant Emission Notice submitted with the permit application oras requested in the application. The emission rate associated with the requested production/process rate shall be a permit condition. For permits to limit the potential to emit criteria, pollutants, GHG or hazardous air pollutants the Division may modify the production/process rate, hours ofoperation or other requested permit conditions in orderto create state-only orfederally and practically enforceable permit conditions; provided, however, that the applicant may decline to accept such modifications and elect instead to forego limits on its potential to emit or pursues any right ofappeal orother available alternative. For details regarding permits to limit the potential to emit hazardous air pollutants see Regulation Number 8, Part E, Section IV. II.A.5. Construction permits are required for hazardous air pollutants if: II.A.5.a. The source is subject to Colorado Maximum Achievable Control Technology or Generally Available Control Technology; or II.A.5.b.The source is subject to Federal National Emission Standards for HazardousAir Pollutants; or II.A.S.c. The source is subject to Federal Maximum Achievable Control Technology or Generally Available Control Technology standards; or II.A.S.d. The source is subject to Regulation Number 8, PartE, where the more specific requirements of Regulation Number 8, Part E, take precedence over requirements in this regulation.II.A.6. Owners oroperators ofsources that have valid operating permits in accordance with Part C ofthis regulation may construct or modify such source without obtaining a construction permit prior to construction or modification, provided the construction or modification qualifies for a minor permit modification orfor operational flexibility, and the applicable provisions as set forth in Sections X., XI., orXII. of Part Care met. In addition, all applicable requirements that are related to construction permit approval and that are set forth in Sections Ill.D.ta. through III.D.1.g. ofthis Part 8 remain in effect. II.A.7. A source that is voluntarily applying for a permit to create state-only orfederally enforceable permit conditions, as appropriate, to limit the potential to emit criteria, pollutants, GHG or hazardous air pollutants may request to obtain such limits in a construction permit. II.B. Transfer orAssignment ofOwnership Iftransfer orassignment ofownership oroperation ofan air pollution emission source permitted pursuant to this Part 8 is anticipated, the prospective owner oroperator shall apply to the Division on Division supplied administrative permit amendmentforms for reissuance ofthe existing permit. Section Ill. of Part A ofthis regulation governs the administrative permit amendment procedures required fortransfer or assignment ofownership. In accordance with the provisions ofthis section, the permit shall be reissued upon completion ofthe transfer or assignment ifthe applicant certifies that no change is contemplated that might constitute a new or modified air pollution source. In no event shall the newowner oroperator ofa source that was subject to the requirements ofthese regulations priorto the transfer orassignment be relieved ofthe obligation to comply with such requirements by reason ofa transfer. Such transfers are subjectto all applicable permit processing and inspection fees. Ifa company is changing its name only, the owner or operator shall apply to the Division, on Division supplied administrative permit amendment forms, for reissuance ofthe existing permit. Section Ill. of Part A, governs the administrative permit amendment procedures required for identifying a change in name. If all other procedures and information as stated in the last submitted Air Pollutant Emission Notice(s) remains unchanged, only oneAir Pollutant Emission Notice need be submitted for each stationary source, indicating the name change. No administrative permit amendmentfortransfer orassignment ofownership ofa source shall be complete until a written agreement containing a specific date for transfer of permit, responsibility, coverage and liability between the current and new permittee is received by the Division. II.C. Portable Sources A permitted portable source (e.g., asphalt plants, crushers, etc.) shall have its permit number permanently and prominently displayed on each major component of equipment that is a part ofthat portable source. II.D. Exemption from Construction Permit Requirements None ofthe exemptions listed below in Sections II.D.1. through II.D.4. shall apply ifa source is subject to Part A of Regulation Number6 (New Source Performance Standards) and/or Regulation Number8 (Hazardous Air Pollutants), Parts A,C, D, and E. Permit exemptions taken underthis section do not affect the applicability ofthe regulations to the source. An applicant may not omit any information regarding APEN or permit exempt emission units in any application ifsuch information is needed to determine the applicability ofTitle V (Part C ofthis Regulation Number 3), Prevention of Significant Deterioration (Section VI. of Part D ofthis Regulation Number 3), or Nonattainment New Source Review (Section V. of Part D ofthis Regulation Number 3).II.D.1. The following sources are exempt because by themselves orcumulatively as a category are deemed to have a negligible impact on air quality: II.D.1.a.Those sources exempted from the filing ofAir Pollutant Emission Notices in Section II.D. of Part A, ofthis regulation. II.D.1.b.Containers, reservoirs, ortanks used exclusively for dipping operations for coating objects with oils, waxes, greases, or natural orsynthetic resins containing no organic solvents. II.D.1.c. Stationary Internal Combustion Engines that: II.D.1.c.(i) Are Power portable drilling rigs; or II.D.1.c.(ii) Are emergency power generators that operate no more than two hundred and fifty hours per year; or II.D.1.c.(iii) Have uncontrolled actual emissions

### ffi.:. II.D.1.c.(iii)(A) Nonattainment areas of less than five tons peryear or manufacturer's site-rated horsepower of less than fifty-;-er II.D.1.c.(iii)(B) Attainment or attainment/maintenance areas of less than ten tons peryear or manufacturer's site rated horsepovt'er of less than one hundred

. .:. II.D.1.d.The collection, transmission, liquid treatment, and solids treatment processes at domesticwastewater treatmentworks, ortreatment facilities thattreat only domestictype wastewater, except for combustion processes. II.D.1.e. Each individual piece offuel burning equipment, otherthan smokehouse generators, that uses gaseous fuel, and that has a design rate less than orequal to ten million British thermal units per hour. II.D.1.f. Gasoline stations located in ozone attainment areas, except for stations located in the Denver 1-hourozone attainmenUmaintenance area. II.D.1.g. Surface mining activities that mine seventy thousand tons orfewer of product material per year. A fugitive dust control plan is required for such sources. Crushers, screens and other processing equipment activities are not included in this exemption. II.D.1.h.Composting piles, however, all odor requirements of Regulation Number2 must be met. II.D.1.

### i. Commercial and productquality control laboratory equipment. II.D.1.j. Fires and equipment used for noncommercial cooking offood for human consumption and for cooking offood for human consumption at commercial food service establishments. II.D.1.k. Petroleum industry flares, not associated with refineries, combusting natural gas containing no hydrogen sulfide except in trace (less than five hundred parts per million weight) amounts, approved by the Colorado Oil and Gas Conservationcommission and having uncontrolled emissions ofany pollutant of less than five tons per year. 11.0.1.1. Crude oil truck loading equipment at exploration and production sites where the loading rate does not exceed 10,000 gallons ofcrude oil per day averaged on an annual basis. Condensate truck loading equipment at exploration and production sites that splash fill less than 6750 barrels ofcondensate peryear orthat submerge fill less than 16308 barrels ofcondensate peryear. Crude oil or condensate loading truck equipment at crude oil production sites where the loading rate does not exceed 10,000 gallons per day averaged over any thirtyday period. 11.0.1.m. Oil and gas production wastewater impoundments (including produced water tanks), containing less than one percent by volume crude oil on an annual average, with the exception of...fe.F..commercial facilities that accept oil and gas production wastewater for processing. 11.0.1.n.Crude oil storage tanks with a capacity of40,000 gallons or less. 11.0.2. Facilities located in a nonattainment area for any criteria pollutant forwhich the area is nonattainment; with total facility uncontrolled actual emissions (potential emissions at actual operating hours) that are less than the following amounts: 11.0.2.a.Two tons per year volatile organic compounds. 11.0.2.b.One ton per year PM10. 11.0.2.c. One ton peryear PM2.5. 11.0.2.d. Five tons per year total suspended particulate. 11.0.2.e. Five tons per year carbon monoxide. 11.0.2.f. Five tons per year sulfur dioxide. 11.0.2.g. Five tons peryear nitrogen oxides. 11.0.2.h.Two hundred pounds per year lead. For purposes ofcalculating total facility uncontrolled actual emissions, only those individual (or grouped) emission points requiring Air Pollutant Emission Notices are to be considered. 11.0.3. Facilities located in attainment or attainmenUmaintenance areas for all criteria pollutants with total facility uncontrolled actual emissions less (potential emissions at actual operating hours) than the following amounts: 11.0.3.a. Five tons peryear volatile organic compounds. 11.0.3.b. Five tons per year PM10. 11.0.3.c. Five tons per year PM2.5. 11.0.3.d.Ten tons per year total suspended particulate. 11.0.3.e.Ten tons per year carbon monoxide.II.D.3.f. Ten tons peryear sulfur dioxide. II.D.3.g.Ten tons per year nitrogen oxides. II.D.3.h.Two hundred pounds per year lead. For purposes ofcalculating total facility uncontrolled actual emissions, only those individual (or grouped) emission points requiring Air Pollutant Emission Notices are to be considered. II.D.4. Facilities that emit any other criteria pollutant that is not listed in Sections II.D.2. and II.D.3., above (fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, reduced sulfur compounds, and municipal waste combustor emissions), with total facility uncontrolled actual emissions ofsuch pollutants that are less than two tons per year. II.D.S. When a facility that was previously exemptfrom permit requirements exceeds one ofthe permit de minimis levels stated in Sections II.D.2. through II.D.4., above, due to the addition of new emission points, the Division will issue either a facility-wide permit for all non-grandfathered emission units above Air Pollutant Emission Notice de minimis levels, or individual emission permits for those emission units. II.D.6. All incinerators require a permit as stated in Regulation Number1, Section 111.8.1. II.D.7. Oil and gas exploration and production operations that are addressed under Section II.D.1.111. ofthis Regulation Number 3, PartA, and that are required to obtain a construction permit, are not required to file an application for a construction permit until they are required to file an Air Pollutant Emission Notice, as setforth in Section II.D.1.111. The application shall include a list ofall applicable requirements, and how the requirements will be met until a construction permit is issued. II.D.8. Any person may request the Division to add source categories to the permit exemption list, in accordance with the procedures set forth in Section II.D.4. of PartA ofthis regulation. II.D.9. Sources with a valid operating permit are not required to obtain a construction permit priorto commencing construction or modification, as setforth in Section II.A.6. ofthis Part B. 

### Ill. Construction Permit Review Procedures Ill

### .A. Option for Pre Application Meeting Priorto submitting an application for a permit, an applicant may request and, ifso requested, the Division shall grant, a pre-application meeting with the applicant. At such meeting, the Division shall advise the applicant ofthe applicable permit requirements, including the information, plans, specifications and the data required to be furnished with the permit application. Ill.B. Application for a Construction Permit 111.8.1. An application for a Construction Permit shall be prepared on forms currently supplied by the Division. 111.8.2. Applications for Construction Permits, and modifications to Construction Permits, must include an Air Pollutant Emission Notice.

### 111.8.3. Applications shall be signed by a person legally authorized to act on behalfofthe applicant. The applicant shall furnish all information and data required by the Division to evaluate the permit application and to make its preliminary analysis in accordance with Section 111.8.5. ofthis part. 111.8.4. An application for a Construction Permit will not be deemed to be complete until all information and data required to evaluate the application have been submitted to the Division. Within sixty calendar days afterthe receipt ofan application orany supplemental information timely requested by the Division, the Division will give notice to the applicant ifand in what respect the application is incomplete. Ifthe Division fails to notify an applicant thatthe application is incomplete within sixty calendar days of receipt ofthe original application or receipt ofthe requested supplemental information, the application shall be deemed to have been complete as ofthe day of receipt by the Division ofthe application orthe last submitted supplemental information, whichever is later. 111.8.5. Except for applications for sources subjectto the requirements ofSection VI. of Part D of this regulation (Prevention of Significant Deterioration), the Division shall prepare its preliminary analysis within sixty calendar days after receipt ofa complete permit application. The preliminary analysis allows the Division to determine whether the new source will, at date ofcommencement ofoperation, comply with: 111.8.5.a. All applicable emission control regulations, 111.8.5.b. Applicable regulations for the control of hazardous·pollutants, 111.8.5.c. Requirements ofthe nonattainment and attainment programs (Sections V. and VI. of Part D), and 111.8.5.d. Any applicable ambient air quality standards and all applicable regulations. The preliminary analysis shall indicate what impact, ifany, the new source will have (as ofthe projected date ofcommencement ofoperation) on all areas (attainment, attainmenUmaintenance, nonattainment, unclassifiable), within the probable area of influence ofthe proposed source. Ifso requested on the permit application form, a copy ofthis preliminary analysis shall be forwarded to the applicant postmarked no laterthan fifteen calendar days after the completion ofthe preliminary analysis. When the preliminary analysis includes modeling, the model used shall be an appropriate one given the topography, meteorology and other characteristics ofthe region that the source will impact. Use ofany non-guideline model requires U.S. EPA approval under Section VIII.A. of PartA ofthis regulation. III.C. Public Comment and Hearing Requirements III.C.1. The following sources, unless exempted in Section III.C.2., below, are subject to public comment: III.C.1.a. Sources with projected controlled annual emissions ofany pollutant for which an ambient air quality standard has been designated, where such emissions will be greaterthan twenty five tons per year ifthe source is located in a nonattainment area, fifty tons per year ifthe source is located in an attainment area, ortwo hundred pounds per year of lead (for any area ofthe state).

### JII.C.1.b. Sources for which preliminary analysis indicates a possible violation of

III.C.1.c.Commission Regulation Number2 (odor emissions). For hazardous air pollutants if: III.C.1.c.(i) The source is subject to Federal National Emission Standards for Hazardous Air Pollutants, IIJ.C.1.c.(ii) The source is subject to Federal or Colorado Maximum Achievable Control Technology or Generally Available Control Technology standards, or IIJ.C.1.c.(iii) The source is voluntarily applying for permit conditions to limit the source's potential to emit hazardous air pollutants. IIJ.C.1.d. Sources subject to Sections V. orVI. of Part D ofthis regulation that are attempting to obtain a federally enforceable limit on the potential to emit ofthe source in orderto avoid other requirements. III.C.1.e. Sources submitting an application for a BART determination or BART alternative pursuant to Regulation Number 3, Part F. IIJ.C.2. The following sources are generally not required to be subject to public comment, unless the Division determines that public comment is warranted pursuant to Section III.C.3. below: III.C.2.a. Sources ofsix months duration or Jess, except that public comment shall be required for all major sources of hazardous pollutants without regard to the duration ofthe operation ofsuch source unless specifically exempted below. IIJ.C.2.b. Demolition projects, even if asbestos materials are present, provided that all the requirements of Regulation Number 8 are followed for any and all materials suspected ofcontaining asbestos. III.C.2.c. Construction or modification ofsources in accordance with the minor modification and operational flexibility provisions ofSections X., XI., and XII. of Part C ofthis regulation are subject to the public participation requirements of Part C. IIJ.C.3. Sources for which a permit is required, but for which public comment is not required by Sections IIJ.C.1., III.C.2.a., or IIJ.C.2.b., above, are exempt from public comment requirements unless the Division determines that public comment is warranted. In making such determinations, the Division shall take into consideration the duration ofthe operation, its location, the nature and projected amount ofemissions, anticipated public concern, and other relevant factors. III.C.4. When public comment is required by Section III.C.1., orwhen the Division determines, pursuant to Section lfi.C.3., that an application warrants public comment, the Division shall, within fifteen calendar days after the preparation ofthe 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 orwill be located, and by such other means necessary to assure notice to the affected public, that may include posting ofsuch notice on the publicly accessible portion ofthe Division's web site, and cause a copy of the application, the preliminary analysis and the draft permit to be filed with the county clerk for each county in which the source is, or will be located. The Division shall send

### written or electronic notice to persons requesting notice ofpermitapplications for the type ofsource or geographic area. For sources applying for a permit to limit the potential to emit criteria pollutants orfederal hazardous air pollutants, the Division shall send a copy ofthe public notice and the draft permit to the U.S. EPAAdministratorfor comment. The Division shall also send a copy ofthe final permit approval to the U.S. EPAAdministrator for comment. The newspaper notice and the Division's web site notice shall contain all of the following information in Sections III.C.4.a. through III.C.4.e., below: III.C.4.a. The location and nature ofthe proposed project or activity for which a construction permit application has been filed. III.C.4.b. The locations where the application and preliminary analysis are available for public inspection. III.C.4.c. That comments concerning the ability ofthe proposed projector activity to comply with the applicable standards and regulations ofthe Commission are solicited from any interested person. III.C.4.d. That the Division will receive and consider public comments for thirty calendar days after such publication. III.C.4.e. The Division's preliminary determination ofapproval, conditional approval, or disapproval ofthe application. III.D. Construction Permit Review Requirements III.D.1. Requirements applicable to all construction permit applications (except that processing timeframes of combined construction/operating applications shall be as set forth in Part C, Section IV., ofthis Regulation Number 3). Within thirty calendar days following the completion ofthe Division's preliminary analysis for applications not subject to the public comment, within thirty calendar days following the period for public comment for applications subject to public comment, or if a public comment hearing is held, within thirty calendar days following such hearing, the Division shall grantthe permit if it finds that: III.D.1.a. The proposed source or activity will meetall applicable emission control regulations and regulations for the control of hazardous air pollutants; III.D.1.b. As applicable, the proposed source or activity will meetthe requirements ofthe attainment program as outlined in Section V. of Part D ofthis regulation, if any; III.D.1.c. The proposed source or activity will not cause an exceedance ofany National Ambient Air Quality Standards; III.D.1.d. The source or activity will meet any applicable ambient air quality standards and all applicable regulations; III.D.1.e. As applicable, the proposed source or modification will meet the requirements ofthe prevention ofsignificant deterioration program ofSection VI. of Part D ofthis regulation. [Provided however, that the Division shall not deny a permit for failure ofthe proposed source to meet any applicable requirement ofthe state implementation plan where (1) there is pending an application for a revision to the state implementation plan pursuant to

### Colorado Revised Statute, Section 25-7-305 (Alternative Emission Reduction) that, if adopted, would require the Division to grantthe permit and (2) the applicant waives the time constraints on the Division to act on its application until the Commission has issued its final decision on the request for a state implementation plan revision and the U.S. EPA has acted on the proposed revision to the state implementation plan. In such circumstances, the Division shall delay its decision on the permit application until after final action on the request for revision ofthe state implementation plan (including action by the U.S. EPA)]; III.D.1.f.The fees required in Section VI. of PartA ofthis regulation have been paid; III.D.1.g. Permit approval shall not relieve any owner oroperator ofthe responsibility to comply fully with applicable provisions ofthe state implementation plan and any other requirements under local, state, orfederal law. III.D.2. RACT Requirements for new or modified Minor Sources (including new or modified minor emissions units at major stationary sources) ofvolatile organic compounds, carbon .monoxide, nitrogen oxides, sulfur dioxide, and PM10 in nonattainment and attainment/maintenance areas: III.D.2.a. Minor sources in designated nonattainment or attainment/maintenance areas that are otherwise not exempt pursuant to Section II.D. ofthis Part, shall apply Reasonably Available Control Technology forthe pollutants for which the area is nonattainment orattainment/maintenance. III.D.2.b. In the Denver Metropolitan PM10attainment/maintenance area, for any new minor source with a potential to emitforty tons peryear or more of nitrogen oxides or sulfur dioxide, ora modification ofan existing minor source with a net emissions increase offorty tons peryear or more of nitrogen oxides orsulfur dioxide, the source will install Reasonably Available Control Technology. Ill.E. 

### Permit Terms and Conditions The Division shall include such terms and conditions in any permit as it deems necessary for the proposed project oractivity to qualify for the permit. Ill.F. Denial or Revocation ofthe Construction Permit III.F.1. Ifthe Division determines that a source cannot comply with the provisions of Part B, Section III.D., ofthis regulation, the Division shall issue its written denial ofthe permit application stating the reasons for such denial. Any Division denial ofa permit shall become final upon mailing ofthe denial notice to the applicant by certified mail. The applicant may appeal the Division's final denial ofa permit as provided in Section III.F.3., below. III.F.2. Any applicant for a construction permit shall advise the Division in writing ofany refusal to accept any permit condition imposed by the Division within twenty calendar days after receipt ofthe permit. Such refusal shall be deemed a denial ofthe permit application. III.F.3. Ifthe Division denies a permit, imposes conditions upon a permit that are contested by the applicant, revokes a permit, or requires a permit from a source that may qualifyfor an exemption, the applicant orowner oroperator ofa source may request a hearing before the Commission for review ofthe Division's action. The request for a hearing must be filed with the Commission within thirty days afterthe issuance ofthe permit, denial or

### revocation. The hearing shall be heard in accordance with the provisions of Section 1.6.0. ofthe Commission's procedural rules, Colorado Revised Statute Sections 25-7- 114.5(8}, and 25-7-119, (Colorado Air Pollution Prevention and Control Act) and Section 24-4-105, (State Administrative Procedure Act). III.F.4. Initial Approval Expiration III.F.4.a. An initially approved permit shall expire ifthe owner or operator ofthe source forwhich the permitwas issued: (i) does not commence construction or operation ofthe source within eighteen months after either the date of issuance ofthe permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (ii) 

### discontinues construction for a period ofeighteen months or more; or (iii) does not complete construction within a reasonable time ofthe estimated completion date. III.F.4.b. Upon a showing ofgood cause by the permittee, the Division may grant extensions ofthe permit notto exceed eighteen months per extension. Construction or operation shall commence or be resumed within a reasonable period oftime from the granting ofthe extension. In determining what constitutes good cause ora reasonable period oftime, the Division shall consider the degree ofconstruction already completed, the amount invested or legally committed to the project, whether an extension would prevent (e.g., through reservation ofa Prevention Significant Deterioration increment) economic**d~velopment** 

### in the affected area, general economic conditions, the health ofthe community as it affects the ability ofthe permittee to proceed, and other relevant factors. The Division shall notify the Commission ofany requested extensions and the reason given for each request. Ill.G. Final PermitApproval III.G.1. Unless prior and mutually acceptable arrangements have been made, the applicant shall not commence the operation ofa stationary source for which a construction permit has been issued or reinstated without giving notice to the Division, #Hfty-fifteen calendar days (fifteen calendar days for portable sources) priorafter-te-_the date on which commencementwil+-take§. place. III.G.2. Within 180 calendar days after commencement ofoperation, the source shall demonstrate to the Division compliance with the terms and conditions ofthe initial approval construction permit. The Division may inspect the source to determine whether or not the operating terms and conditions ofthe initial approval construction permit have been satisfied. At the end of 180 days, the Division must revoke the construction permit; or, continue the construction permit ifapplicable; or, notify the owner oroperator thatthe source has demonstrated compliance with the construction permit. III.G.3. Before final approval ofthe permit is granted, the Division may require the applicant to conduct and pay for performance tests in accordance with methods approved by the Division. A test protocol shall be submitted to the Division for review and approval at leastthirty days priorto testing. The Division may monitor such tests and may, at its expense, conduct its own performance tests. III.G.4. For sources that submit an application for an operating permit pursuant to Part C ofthis Regulation Number 3, including any application for a permit modification or permit renewal, prior to issuance ofa final approval construction permit, upon demonstration by the source ofcompliance with all terms and conditions ofthe construction permit or a satisfactory final approval inspection, as required pursuant to this Section III.G., the Division may elect to either issue a final approval construction permit or allow the initialapproval construction permit to continue in full force and effect. The Division shall provide written notice to the permittee of its election. III.G.S. Ifthe Division determines that the terms and conditions ofthe permit have been satisfied, the Division shall issue in writing its final permit approval to the applicant, orshall incorporate the terms and conditions into an operating permit issued in accordance with Part C ofthis regulation. Otherwise, the Division shall revoke the permit. III.G.6. Final approval may be issued at the same time as initial approval for temporary sources ofduration ofone month or less. III.G.7. Priorto issuance offinal approval, the applicant shall furnish: III.G.7.a. An operating and maintenance plan for all control equipment and control practices; and III.G.7.b. A proposed record keeping format for demonstrating compliance on an ongoing basis. Ill.H. Permit Cancellation Whenever an owneroroperatorwishes to cancel a permit, the owneroroperator shall notify the Division, using forms provided by the Division. 111.1. General Construction Permits 111.1.1. The Division may issue a general construction permit covering numerous similar sources to a source that would otherwise be required to obtain a construction permit pursuant to this Part B. Any general construction permit shall comply with all applicable requirements, including notice and opportunity for public participation where warranted for such sources. The Division may issue a general construction permit in accordance with one or more ofthe following considerations: 111.1.1.a. The control equipment utilized by the sources; 111.1.1.b. The design characteristics ofthe sources; 111.1.1.c. The operational variability ofthe sources; 111.1.1.d. The location ofthe sources. 111.1.2. A source shall not perform any ofthe following without first obtaining a valid general construction permit from the Division pursuant to this provision, ora valid construction permit as otherwise required pursuant to Section Ill. ofthis Part 8: 111.1.2.a. Commence construction or modify any building, facility, structure, or installation; 111.1.2.b. Install any machine, equipment, orother device; 111.1.2.c. Commence the conduct ofany such activity; 111.1.2.d. Commence performance ofany combinations thereof; or 111.1.2.e. Commence operations ofany ofthe same thatwill ordo constitute a new stationary source.111.1.3. Administration 111.1.3.a. General construction permits may be issued, modified, revoked and reissued, or terminated in accordance with the provisions ofthis regulation. 111.1.3.b. Sources shall submit applications to be covered underthe general construction permit on forms provided by the Division. 111.1.3.c. Individual Permit Requirements 111.1.3.c.(i) The Division may require any source authorized by a general construction permit to apply for and obtain an individual permit. Cases where an individual permit may be required include, but are not limited to, the following: 111.1.3.c.(i)(A) A change has occurred in the availability ofcontrol technology or practices for the control or abatement ofair pollutants applicable to the source; or 111.1.3.c.(i)(B) Circumstances have changed since the time ofthe request to be covered so that the source is no longer appropriately controlled under the general construction permit. 111.1.3.c.(ii) Any source authorized by a general construction permit may request to be excluded from the coverage ofthe general construction permit by applying for an individual permit, as provided for underthis regulation, Parts A and B. · 111.1.3.c.(iii) When the Division issues an individual permit to a source otherwise subjectto a general construction permit, the applicability ofthe general construction permit to the individual permittee is automatically terminated on the effective date ofthe individual permit. 111.1.3.c.(iv) A source excluded from a general construction permit solely because it already has an individual permit may request thatthe individual permit be revoked, and that it be covered by the general construction permit. Upon revocation ofthe individual permit, the general construction permit shall apply to the source. 111.1.3.c.(v) In determining whether an individual permit is required, the Division may consider the compliance history and current compliance status ofthe source. 111.1.4. The Division shall review the application and certify or deny the request based on criteria specified in the general construction permit established by the Division for thattype of source. 111.1.5. General construction permits shall include conditions necessary to ensure the sources will meet all applicable requirements. 111.1.6. General construction permits issued by the Division may include the following requirements, as appropriate and as specified in each permit: 111.1.6.a. An operating and maintenance plan for all control equipment and control practices;111.1.6.b. A record keeping format for demonstrating compliance; 111.1.6.c. Monitoring methods to assure compliance; and 111.1.6.d. Alternative operating scenarios that include specific monitoring, record keeping, and reporting methods that will assure compliance with the permit conditions. 111.1.7. All general construction permits shall undergo statewide public notice. Ifa source wants to be covered undera general construction permit, the source must apply within the time period specified in the public notice. 

### PART C CONCERNING OPERATING PERMITS I. Applicability The provisions ofthis Regulation Number3, Part C shall apply statewide to all sources ofair pollutants that are required to obtain an operating permit as specified in Section II. The provisions ofthis Part C shall also apply, except as otherwise provided herein, to those minor sources ofair pollutants that voluntarily choose to obtain an operating permit. I.A. DEFINITIONS I.A.1. Affected Source (acid deposition program) A source ofair pollutants that includes one or more fossil fuel fired combustion devices subject to emission reduction requirements or limitations underTitle IVofthe Federal Act, Code of Federal Regulations Title 40, Part 72, or underthe state Act. I.A.2. Minor Permit Modification Any revisions to an operating permit issued by the Division that meetsthe criteria of Sections X. orXI. ofthis Part C. I.A.3. Permit Modification Any revision to an operating permit issued by the Division that cannot be accomplished underthe administrative permit amendment procedures setforth in Section Ill. of PartA ofthis regulation, orthe minor permit modification procedures set forth in Sections X. orXI. ofthis Part C. A permit modification for purposes ofthe acid rain portion ofa permit shall be governed by regulations promulgated underTitle IVofthe Federal Act, found at Code of Federal Regulations, Title 40, Part 72. I.A.4. Permit Shield Where a source operates in compliance with all operating permit terms and conditions, the source shall be deemed in compliance with the state and Federal Acts where the permit includes all applicable requirements ofsuch acts, specifically states that other identified provisions are not applicable, and states that the permit shield applies. The permit shield does not apply to terms and conditions that become applicable to the source subsequent to permit issuance. The permit shield shall not alter oraffectthe provisions ofColorado Revised Statutes Sections 25-7-112 or 25-7-113, Section 303 ofthe Federal Act, the applicable requirements ofthe acid rain program, consistentwith Section 408{a) ofthe Federal Act, orthe ability ofthe Administratorto obtain information from a source pursuant to Section 114 ofthe Federal Act; norshall the permit shield affect the liability ofan owner oroperator ofa source for any violation ofapplicable requirements priorto or atthe time of permit issuance.

### lAS. Renewal ofan Operating Permit The process by which a permit is reissued atthe end of its term. I.A.6. Section 502(b)(10) Changes Changes that contravene an express permit term. Such changes do notviolate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), record keeping, reporting, orcompliance certification requirements. I.A.?. Significant Permit Modification All operating permit modifications that do not qualify as minor permit modifications oras administrative permit amendments. At a minimum, a significant permit modification shall include: I.A.7.a. Any change that causes a significant increase in the rate ofemissions as described by any permit term or condition; I.A.7.b. Any change that is considered a modification underTitle I ofthe Federal Act; I.A.7.c. Any change that requires or changes a case-by-case determination ofan emission limitation or other standard; I.A.7.d. Any change that requires orchanges a source specific determination for temporary sources ofambient impacts; I.A.7.e. Any change that requires orchanges a visibility or increment analysis; I.A.7.f. Every significant change in existing monitoring permitterms orconditions; and I.A.7.g. Every relaxation of reporting or record keeping permit terms orconditions. I.A.7.h. Every change that seeks to establish orchange a permitterm orcondition for which there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include: I.A.7.h.(i) A federally enforceable emissions cap assumed to avoid classification as a modification under any provision ofTitle I ofthe Federal Act; and I.A.7.h.(ii) An alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) ofthe Federal Act I.A. 7.i. The establishment of

### a Plant-wide ApplicabilityLimitation (PAL) in accordance with Section XVII. ofPartD ofthis regulation. 

### 4l.A.7.j. All significant permit modifications shall be processed using the procedures set forth in Part C of Regulation Number 3 for combined Construction\Operating Permit issuance. Such source may choose to obtain a construction permit pursuant to Part B and shall subsequently meetthe operating permit requirements of Part C. 

### II. General Requirements for Operating PermitsII.A. General Considerations II.A.1. Exceptwhere specifically authorized by the terms ofthis Regulation Number3, Part C, no person shall operate any ofthe following sources withoutfirst obtaining an operating permit in accordance with the provisions ofthis regulation. II.A.1.a.Any affected source; II.A.1.b.Any major source; with the exception ofthose sources thatwould be major based only on total suspended particulates emissions II.A.1.c. Any source required to have a permit pursuant to the prevention ofsignificant deterioration program of Part C, Title I, ofthe Federal Act; II.A.1.d.Any source required to have a permit pursuant to the program forthe attainment and maintenance of national ambient airquality standards or Part D ofTitle I of the Federal Act; and II.A.1.e.Any solid waste incineration unitthat is a distinct operating unit ofany facility that combusts any solid waste material from commercial or industrial establishments orthe general public (including single residences, hotels, and motels). Such term does not include: (1) incinerators orother units required to have a permit under United States Code Title, 42, Section 6925 ofthe Solid Waste Disposal Act; (2) materials recovery facilities (including primary orsecondary smelters) which combustwaste for the primary purpose of recovering metals; (3) qualifying small power production facilities, as defined in United States Code Title 16, Section 769(17)(C), orqualifying cogeneration facilities, as defined in United States Code Title 16, Section 796(18)(8), ofthe Federal PowerAct, that burn homogenous waste forthe production ofelectric energy or in the case of qualifying cogeneration facilities that burn homogeneouswaste for the production ofelectric energy and steam orforms of useful energy (such as heat) that are used for industrial, commercial, heating, orcooling purposes; or (4) air curtain incinerators provided that such incinerators only burn wood wastes, yard wastes and clean lumber and that such air curtain incinerators comply with any applicable opacity limitations. Operating permits for solid waste incineration units shall be obtained within thirty-six months of promulgation ofa new source performance standard applicable to such units, or by November 15, 1994, whichever is later. II.A.1.f. Any source designated by the Administrator and the Commission as requiring an operating permit. II.A.1.g.A source is not required to obtain an operating permit solely because it is subject to regulation or requirements pursuant to Section 112(r) ofthe Federal Act. II.A.2. Any construction permit that has been issued pursuant to Regulation Number3, Part B, with respect to a source that is subjectto the operating permit requirements ofthis Part C, shall continue in full force and effect until such time as the operating permit is issued for such source, ifthe source has filed a timely and complete operating permit application. If a complete operating permit application has been timely filed with the Division by the source in accordance with the provisions ofSection Ill., below, the source will not be subject to an enforcement action for operating the source without an operating permit. No source subject to an operating permit may operate after the time it is required to file a timely and complete application except in compliance with a previously issued operating permit and as set forth in Section II.B., below. A previously issued constructionpermit shall not constitute a defense for operating a source in violation ofthe requirement to have an operating permit. II.A.3. Any orders ordecisions ofthe Division shall be final upon issuance. II.B. Application Shield A timely and complete application for an operating permit underthe provisions ofthis Part C shall operate as a defense to an enforcement action for the source's failure to have an operating permit until the Division orthe Commission makes a final determination on the permit application. This defense to an enforcement action shall not apply if, subsequentto the completeness determination required by Section IV.B.1. ofthis Part C, the applicant fails to submit by the deadline specified in writing by the Division any additional information identified as necessary to process the application, orto otherwise supplement its application in accordance with the provisions of Sections IV.8.3. and IV.B.4. ofthis Part C. This defense to an enforcement action shall not be available to an applicantthat files a fraudulent application. Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted to the Division. II.C. Transfer or assignment ofownership Iftransfer or assignment ofownership or operation ofan air pollution emission source permitted pursuant to the operating permit requirements ofthis Part C of Regulation Number 3 is anticipated, the prospective owner oroperator shall apply to the Division, on Division supplied administrative permit amendment forms, for reissuance ofthe existing permit. PartA, Section Ill. governs the administrative permit amendment procedures required fortransfer or assignment ofownership ofa source subjectto the operating permit requirements. No administrative permit amendmentshall be complete until a written agreement containing a specific date for transfer of permit, responsibility, coverage, and liability between the current and new permittee has been submitted to the Division. II.D. Portable Sources A portable source that conducts the same orsimilar type activity at multiple temporary locations throughout the state may be issued a single operating permit underthis Part C, provided that the operation involves at least one change in location ofthe source during the five year permitterm. Portable sources must notify the Division at leastten days in advance ofeach change in location. The owner or operator ofa portable source must demonstrate that all applicable requirements will be metatall locations atwhich the source will operate before an operating permit authorizing operations atthe multiple locations will be issued. Sources subject to the acid rain provisions ofTitle IV ofthe Federal Act shall not constitute portable sources. II.E. InsignificantActivities and Exemptions from Operating Permit Requirements Sources that are otherwise required to obtain an operating permit are not required to include insignificant activities from the following list in their operating permit applications, except as otherwise provided below. None ofthe exemptions listed below, including emission de minimis levels, shall apply if by taking such exemption a source would avoid any specific federal orstate applicable requirement, including, but not limited to, New Source Performance Standards, Regulation Number 7, Prevention of Significant Deterioration (Section VI., Part D ofthis Regulation Number3), nonattainment New Source Review requirements (Section V. Part D ofthis Regulation Number 3), Title Ill, National Emission Standards for Hazardous Air Pollutants, Title V, and Colorado Maximum Achievable Control Technology or Generally Available Control Technology

. (Ifthe potential to emit, taking into accountfull design rate and continuous operation, triggers Prevention of Significant Deterioration or New Source Review requirements, the source must submit an Air Pollutant Emission Notice and apply for the appropriate permit, or mustapplyfor a permit to limitthe physical or operational capacity ofthe source such that the source is not considered to be a major source as defined in Section 1.8.25. of PartA ofthis regulation.). Sources otherwise required to obtain an operating permit are required to include a list of insignificant activities in their permit applications ifthe insignificant activities are listed in Sections II.E.1. and II.E.2., or marked with an asterisk in Section II.E.3. The asterisk denotes an insignificant activity source category based on the size ofthe activity, emissions levels from the activity orthe production rate ofthe activity. The owner oroperatorof individual emission points marked with an asterisk in Section II.E.3., below, must maintain sufficient record keeping verifying that the exemption applies. Such records shall be made available for Division review upon request. The following sources are exemptfrom the requirement to obtain an operating permit pursuant to this Part 

### C: II.E.1. Sources subject to regulation or requirements pertaining to standards of performance for new residential wood heaters pursuant to Regulation Number6; or II.E.2. Sources subject to regulation or requirements pertaining to national emissions standards for hazardous air pollutants for asbestos in the course ofdemolition and renovation pursuant to Regulation Number 8. II.E.3. Certain categories ofsources and activities which are considered to be insignificant contributors to air pollution as listed below. A source solely comprised ofone or more of these activities are not required to obtain an operating permit pursuant to this regulation, unless the source's emissions triggerthe major source threshold as defined in Section 1.8.25. of PartA ofthis Regulation Number3 (definition of major source): II.E.3.a. *Individual emission points in nonattainment areas having uncontrolled actual emissions ofany criteria pollutant (as defined in Section 1.8.17. of PartA ofthis Regulation Number3) of less than one ton peryear, and individual emission points in attainment orattainmenUmaintenance areas having uncontrolled actual emissions ofany criteria pollutant of less than two tons peryear, and each individual emission point with uncontrolled actual emissions of lead less than one hundred pounds per year, regardless ofwhere the source is located. · II.E.3.b.lndividual emission points of non criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures setforth in Appendix 

### A II.E.3.c. Airconditioning orventilating systems not designed to remove air pollutants generated by or released from other processes or equipment. II.E.3.d. Fireplaces used for recreational purposes, inside oroutside. II.E.3.e. Fires and equipment used for noncommercial cooking offood for human consumption, orcooking offood for human consumption at commercial food service establishments, except for char broilers and wood fired equipment (but not including campfires) in PM1 0 nonattainment areas. Charbroiler shall mean a cooking device in a commercial food service establishment, either gas fired or using charcoal or otherfuel, upon which grease drips down upon an open flame, charcoal orembers. II.E.3.f. Flares used to indicate dangerto the public.

### II.E.3.g.Agriculture operations such as farming, cultivating and harvesting, seasonal crop drying, grain handling operations that are below New Source Performance Standards de minimis levels (including milling and grain elevator operations), and animal feeding operations that are not housed commercial swine feeding facilities as defined in Regulation Number2, Part B. This exemption does not apply to an agricultural operation that: (1) is a major source (Regulation Number 3, Part A, Section I.B.25.); (2) meets or exceeds the storage capacity thresholds ofa federal New Source Performance Standards (Regulation Number6, PartA); or (3) participates in the early reduction program ofthe Federal Act, Section 112. Ancillary operations such as fueling stations located at farms or ranches are not exemptfrom Air Pollutant Emission Notice and permit requirements unless otherwise below the de minimis emission levels contained in this regulation, and are not exemptfrom other applicable regulations promulgated by the Commission. II.E.3.h. Emissions from, orconstruction, or alteration of residential structures, including all buildings or other structures used primarily as a place of residence, and including home heating devices. II.E.3.i. Research laboratories II.E.3.i.(i) Noncommercial (in house) experimental and analytical laboratory equipment that is bench scale in nature including quality control/quality assurance laboratories, process support laboratories, environmental laboratories supporting a manufacturing or industrial facility, and research and development laboratories. II.E.3.i.(ii) *Research and development activities that are ofa small pilot scale and that process less than ten thousand pounds oftest material per year; II.E.3.i.(iii) *Small pilot scale research and development projects less than six months in duration with controlled actual emissions less than five hundred pounds ofany criteria pollutant orten pounds ofany non criteria reportable pollutant. II.E.3.j. *Disturbance ofsurface areas for purposes of land development, that do not exceed twenty-five contiguous acres and that do notexceed six months in duration. (This does not include mining operations ordisturbance of contaminated soil). II.E.3.k. *Each individual piece offuel burning equipment, otherthan smokehouse generators and internal combustion engines, that uses gaseous fuel, and that has a design rate less than or equal to five million British thermal units per hour. (See definition offuel burning equipment in the Common Provisions Regulation). II.E.3.1. Internal combustion engines powering portable drilling rigs. II.E.3.m. *Petroleum industry flares, not associated with refineries, combusting natural gas containing no hydrogen sulfide except in trace amounts (less than five hundred parts per million weight), approved by the Colorado Oil and Gas Conservation Commission and having uncontrolled emissions ofany pollutant of less than five tons per year.

### II.E.3.n. *Chemical storage tanks orcontainers that hold less than five hundred gallons, that have an annual average throughput less than twenty-five gallons per day, and are not associated with either oil and gas production wastewater or commercial facilities that accept oil production wastewaterfor processing. II.E.3.o. Unpaved public and private roadways, except for haul roads located within a stationary source site boundary. II.E.3.p. Sanding ofstreets and roads to abate traffic hazards caused by ice and snow. II.E.3.q. Open burning activities, except that all reporting and permitting requirements that apply to such operations must be followed (see Regulation Number 9). II.E.3.r. Brazing, soldering, orwelding operations that use lead based compounds. All welding that occurs strictly for maintenance purposes is exempt. II.E.3.s. Street and parking lot striping. II.E.3.t. Battery recharging areas. II.E.3.u.Aerosol can usage. II.E.3.v. Sawing operations that are ancillary to facility operations and are not part ofthe production process. II.E.3.w. The process ofdemolition andre-bricking offurnaces and kilns. This does not include subsequent operation ofsuch furnaces or kilns. II.E.3.x. Road and lot paving operations at commercial and industrial facilities,**~xcept** 

### that asphalt and cement batch plants require Air Pollutant Emission Notices and permits, unless exempt under some other section. II.E.3.y. Adhesive use that is not related to production. II.E.3.z. _Fire training activities. II.E.3.aa._--Caulking operations that are not part ofa production process. II.E.3.bb_.--*Landscaping and site housekeeping devices equal to or less than ten horsepower in size (lawnmowers, trimmers, snow blowers, etc.). II.E.3.cc._--Fugitive emissions from landscaping activities (e.g., weeding, sweeping). II.E.3.dd._--Landscaping use of pesticides, fumigants, and herbicides. II.E.3.ee._--*Crude oil loading truck equipment at exploration and production sites where the loading rate does not exceed 10,000 gallons ofcrude oil per day averaged on an annual basis. Condensate truck loading equipment at exploration and production sites that splash fill less than 6750 barrels of condensate peryear orthat submerge fill less than 16308 barrels ofcondensate per year. II.E.3.ff. Emergency events such as accidental fires. II.E.3.gg._--Smoking rooms and areas.

### II.E.3.hh._--Piastic pipe welding. II.E.3.ii. Vacuum cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes. II.E.3.jj. Beauty salons. II.E.3.kk._--Operations involving acetylene, butane, propane and other flame cutting torches. II.E.3.11. Pharmacies. II.E.3.mm._--*Chemical storage areas where chemicals are stored in closed containers, and where total storage capacity does not exceed five thousand gallons. This exemption applies solely to storage ofsuch chemicals. This exemption does not apply to transfer ofchemicals from, to, or between such containers. II.E.3.nn._--Architectural painting, roof coating material and associated surface preparation (exceptfor sandblasting and except for volatile organic compound emissions, associated with surface preparation, above Air Pollutant Emission Notice de minimis levels) for maintenance purposes at industrial or commercial facilities. II.E.3.oo._--Emissions ofair pollutants that are not criteria or non-criteria reportable pollutants (see Sections 1.8.17. and 1.8.30. of Part A ofthis regulation). These emissions include methane, ethane and carbon dioxide. II.E.3.pp._--Janitorial activities and products. II.E.3.qq._--Grounds keeping activities and products. II.E.3.rr.Sources ofodorous emissions that do not utilize emission control equipment for control ofodorous emissions. This exemption applies to the odor emissions only. All other emissions are subject to other exemptions set forth in this regulation. This exemption does not exempt any source from the requirements of Regulation Number 2. II.E.3.ss._--Truckand carwash units. II.E.3.tt. Office emissions, including cleaning, copying, and restrooms. II.E.3.uu._--*Oil production wastewater (produced water tanks), containing less than one percent by volume annual average crude oil, except for commercial facilities that accept oil production wastewater for processing. II.E.3.vv._--Eiectrically operated curing ovens, drying ovens and similar activities, articles, equipment, or appurtenances. This exemption applies to the ovens only, and not to the items being dried in the ovens. II.E.3.ww._--Equipment used exclusively for portable steam cleaning. II.E.3.xx._--Biast-cleaning equipment using a suspension ofabrasive in water and any exhaust system or collector serving them exclusively.II.E.3.yy._--Commerciallaundries (except dry cleaners) that do not burn liquid or solid fuel. II.E.3.zz._--Storage of butane, propane, or liquefied petroleum gas in a vessel with a capacity of less than sixty thousand gallons, provided the requirements of Regulation Number 7, Section IV. are met, where applicable. II.E.3:aaa._--Storagetanks ofcapacity less than forty thousand gallons of lubricating oils orwaste lubricating oils. II.E.3.bbb._--*Venting ofcompressed natural gas, butane or propane gas cylinders, with a capacity ofone gallon or less. II.E.3.ccc._--*Fuel storage and dispensing equipment in ozone attainment areas operated solely for company-owned vehicles where the daily fuel throughput is no more than four hundred gallons per day, averaged annually. Sources in an ozone attainment/maintenance area must utilize Stage 1vapor recovery on all tanks greaterthan five hundred and fifty gallons capacity, as required by Regulation Number 7, in orderto take this exemption. II.E.3.ddd._--*Crude oil storage tanks with a capacity of40,000 gallons or less. II.E.3.eee._--lndirectsources are exempt until a (permit) regulation specific to indirect sources is promulgated by the Commission. II.E.3.fff._---*Storagetanks meeting all ofthe following criteria: II.E.3.fff.(i) and II.E.3.fff.(ii) Annual throughput is less than four hundred thousand gallons;

The liquid stored is one ofthe following: II.E.3.fff.(ii)(A) Diesel fuels 1-D, 2-D, or4-6; II.E.3.fff.(ii)(B) Fuel oils #1

- #6; II.E.3.fff.(ii)(C) As turbine fuels 1

- GTthrough 4- GT; II.E.3.fff.(ii)(D) An oil/water mixture with a vapor pressure less than or equal to that ofdiesel fuel (Reid vapor pressure of .025 psia). II.E.3.ggg._--Each individual piece offuel burning equipmentthat uses gaseous fuel, and that has a design rate less than orequal to ten million British thermal units per hour, and that is used solely for heating buildings for personal comfort. II.E.3.hhh._--Natural gas vehicle fleet fueling facilities. II.E.3.iii.Eiectric motors driving equipment at non-commercial machining shops. II.E.3.jjj.Recreational swimming pools. II.E.3.kkk._--Forklifts. II.E.3.111. Handling equipment and associated activities for glass that is destined for recycling.

### II.E.3.mmm._-Containers, reservoirs, or tanks used exclusively for dipping operations, that contain no organic solvents, for coating objects with oils, waxes, greases, or natural orsynthetic resins. II.E.3.nnn._--Stationarv Internal Combustion Engines that: II. E.3.nnn.(i) Are power portable drilling rigs: or II. E.3.nnn.(ii) Are emergency power generators that operate no more than two hundred fifty hours per year; or II. E.3.nnn.(iii) Have uncontrolled actual emissions less than five tons per year or manufacturer's site-rated horsepower of less than fifty Emergency power generators that: II.E.3.nnn.(i) Have a rated horsepower of less than 260 or; II.E.3.nnn.(ii) *Operate no more than 250 hours per year and have a rated horsepower of less than 737; or II.E.3.nnn.(iii) *Operate no more than 100 hours per year and have a rated horsepo•.ver of less than 1,840. II.E.3.ooo._--The collection, transmission, liquid treatment, and solids treatment processes at domestic wastewater treatmentworks, ortreatment facilities that treat only domestictype wastewater, except for combustion processes. II.E.3.ppp._--Gasoline stations located in ozone attainment areas. II.E.3.qqq._--*Surface mining activities that mine seventy thousand tons or fewer of product material per year. A fugitive dust control plan is required for such sources. Crushers, screens and other processing equipment activities are not included in this exemption. II.E.3.rrr._--Composting piles, however, all odor requirements of Regulation Number 2 must be met. II.E.3.sss._--Fugitive emissions of hazardous air pollutants that are natural constituents of native soils and rock (not added or concentrated by chemical or mechanical processes) from under-ground mines orsurface mines unless such source is a major source of hazardous air pollutants under Part C ofthis Regulation Number 3. II.E.3.ttt._ The use of pesticides, fumigants, and herbicides when used in accordance with requirements established underthe federal Insecticide, Fungicide and Rodenticide Act as established by the U.S. EPA (United States Code Title 7, Section 136 etseq.). II.E.3.uuu._--Ventilation ofemissions from mobile sources operating within a tunnel, garage, or building that are not operating for transportation purposes and are subject to stationary source requirements,. II.E.3.vvv._--Non-asbestos demolition.

### II.E.3.www._-Sandblastequipmentwhen the blast media is recycled and the blasted material are collected. II.E.3.xxx._--Stationary internal combustion engines: II.E.3.xxx.(i) *Less than or equal to 175 horsepowerwhich operate less than 1,450 hours per year. II.E.3.xxx.(ii) *Greater than 175 horsepower and less than or equal to 300 horsepowerwhich operate less than 850 hours peryear. II.E.3.xxx.(iii) *Greaterthan 300 horsepower and less than or equal to 750 horsepowerwhich operate less than 340 hours per year. II.E.3.yyy._--Surfacewater storage impoundment of non-potable water and storm water evaporation ponds, with the exceptions of impoundment of-oil and gas production wastewater (including produced watertanks) containing equal to or more than one percent by volume crude oil on an annual average, and commercial facilities that accept oil and gas production wastewaterfor processing. II.E.3.zzz._--Non-potablewater pipeline vents. II.E.3.aaaa._-Steamvents and safety release valves. II.E.3.bbbb._ Deaeratorl'lacuum pump exhausts.Exemption Repealed. II.E.3.cccc. Seal and lubricating oil systems for steam turbine electric generators. II.E.3.dddd. Venting of natural gas lines for safety purposes. II.E.3.eeee. Chemical storage tanks II.E.3.eeee.(i) *Sulfuric acid storage tanks notto exceed ten thousand five hundred gallons capacity. II.E.3.eeee.(ii) *Sodium hydroxide storage tanks. II.E.3.ffff. Wet screening operations notwithstanding the applicability ofthe New Source Performance Standards included in the Code of Federal Regulations, Title 40, Part 60, Subpart 

### 000. II.E.3.gggg. *Any condensate storage tank with a production rate of730 barrels per year or less or condensate storage tanks that are manifold togetherwith a production rate of730 barrels per year or less that are owned and operated by the same person, and are located at exploration and production sites. II

### .F. Sources that are not required by this Part C to obtain an operating permit may elect to apply for, and may be issued, an operating permit. Any such permit issued must contain terms and conditions sufficient to satisfy the requirements ofthis regulation. II.G. All federally enforceable terms and conditions in an operating permit, including any provisions designed to limit a source's potential to emit, are enforceable by the Administrator, as well as citizens pursuant to United States Code Title 42, Section 7604.

### Ill. Operating Permit Application Requirements Ill.A. Option for pre application meeting Priorto submitting an application for a permit an applicant may request and, ifso requested, the Division shall grant, a pre application meeting with the applicant. At such meeting, the Division shall advise the applicant ofthe applicable permit requirements, including the information, plans, specifications and the data required to be furnished with the permit application, based on the best information available from the applicant at the time. Failure ofthe Division to identify all requirements and information does not exempt the source from compliance with applicable requirements orthese regulations. Ill.B. Application for operating permit and combined construction/operating permit applications 111.8.1. An application for an operating permit shall be prepared on forms supplied by the Division that meet all the requirements ofthe Federal Act. Applicants shall submit sufficient copies oftheir applications for provision ofcopies to the Administrator, affected states and county clerks as required by Sections V.B.5., VI., and IX. ofthis Part C. 111.8.2. Each source required to obtain an operating permit pursuantto Section Ill. ofthis Part C, for the first time, shall submit an application for such a permit no laterthan twelve months afterthe source becomes subject to the operating permit requirement. A source that becomes subjectto the operating permit program by operation of law, such as the adoption of new legal requirements, shall submit an application for an operating permit within twelve months ofthe effective date ofsuch new legal requirements unless otherwise specified by the requirements. A new source or an existing source that modifies in a way that renders it newly subjectto the operating permit requirements, shall submit a complete application for an operating permitwithin twelve months of commencing operation, except as otherwise provided herein. Modifications made to a source with an operating permit, through a permit issued under Part B ofthis regulation shall apply for a modification to their operating permitwithin twelve months ofstartup. A new source (including any significant modification), shall meetthe applicable requirements of Part B. 111.8.3. Reserved. 111.8.4. Reserved. 111.8.5. All other major sources existing on January 1, 1995 shall submittheir operating permit applications unless otherwise notified by the Division. 111.8.6. Each source subject to an operating permit shall submit an application for renewal ofthe operating permit at leasttwelve months, but not more than eighteen months, prior to the expiration ofthe operating permit. All ofthe provisions governing the application for and issuance ofoperating permits are applicable to applications for renewal ofoperating permits, exceptthat an application for permit renewal may address only those portions of the permit that require revision, supplementing, or deletion, incorporating the remaining permit terms by reference from the previous permit. A copy ofany materials incorporated by reference must be included with the application. The Division may choose to issue a draft renewal or proposed renewal permit specifying only those portions thatwill be revised, supplemented, or deleted, incorporating the remaining permitterms by reference. All requirements for compliance plans, compliance schedules and compliance certifications found in Sections 111.8.7., 111.8.8., and Ill.C.

# a. through III.C.13. ofthis Part C, are applicable to the entire operating permit upon renewal.

### 111.8.7. A source required to obtain a construction permit pursuant to Part 

### Bofthis Regulation Number3 may submit an application for a combined construction permit and operating permit on a standard application form supplied by the Division prior to commencing construction, modification, installation orcommencement ofany activities oroperations for which a construction permit is required pursuant to Part B. In accordance with the provisions of Part B, a source applying fora combined construction/operating permit cannot construct before issuance ofa permit. 

### 111.8.8. Applications shall be signed by a responsible official who shall also sign the compliance certification on the application. The compliance certification shall include: (a) a certification ofcompliance with all applicable requirements; (b) a statement of methods used fordetermining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods; (c) a schedule for submission of compliance certifications during the permit term not less than annually, or more frequently as specified bythe terms and conditions ofthe permit; (d) a statement indicating the source's compliance status with any applicable compliance assurance monitoring and compliance certification requirements; (e) ifapplicable to a source, a statement indicating the source has properly registered its risk management plan required pursuantto Section 112(r) ofthe Federal Act. Compliance certifications forstate only conditions shall be separate from compliance certifications required underthe Federal Act, and shall only be required for sources ofsuch state only conditions seeking the operational flexibility provisions of Sections X., XI., and XII. ofthis Part C. Sources seeking protection under the terms ofthe permit shield for such state only conditions, orsources ofstate only conditions are otherwise required to obtain an operating permit pursuantto the state Act. 

### 111.8.9. Each application form, report and compliance certification submitted pursuantto this regulation shall contain a certification by a responsible official ofthe truth, accuracy and completeness ofsuch form, report orcertification stating that, based on information and beliefformed after reasonable inquiry, the statements and information in the document are true, accurate and complete. III.C. Complete applications The applicant shall furnish all information and data required by the Division to evaluate the permit application and to make its preliminary analysis in accordance with Section IV. ofthis Part C including, but not limited to: III.C.1. Identifying information, including company name and address (or plant name and address ifdifferentfrom the company name), owner's name and agent, and telephone numberand name of plant site manager/contact; III.C.2. A description ofthe source's processes and products (by standard industrial classification code) including any associated with alternate scenarios identified by the source; III.C.3. The following emission-related information: III.C.3.a. All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under Section II.E. ofthis Part C, and all additional information related to the emissions of pollutants sufficient to verify which requirements are applicable to the source and other information necessary to collect any permit fees owed pursuant to Section VI. of PartA ofthis regulation;

### III.C.3.b. Identification and description ofall points ofemissions described in Section III.C.3.a., above, in sufficient detail to establish the basis forfees and applicability of requirements ofthe Federal Act; III.C.3.c. Emissions rate in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method; III.C.3.d. The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules; III.C.3.e. Identification and description ofair pollution control equipment and compliance monitoring devices oractivities; III.C.3.f. Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated air pollutants atthe source; III.C.3.g. Other information required by any applicable requirement, including information related to stack height limitations developed pursuantto United States Code Title 42, Section 7423 (Part A, Section VIII. ofthis Regulation Number 3); and III.C.3.h. Calculations on which the information required in Sections III.C.3.a. through III.C.3.g. are based. III.C.4. The following air pollution control requirements: III.C.4.a. Citation and description ofall applicable requirements, and III.C.4.b. Description of, or reference to, any applicable test method for determining compliance with each applicable requirement. III.C.5. Other specific information that may be necessary to implement and enforce other applicable requirements ofthe Federal Act or ofthis Section Ill., or to determine the applicability ofsuch requirements. III.C.6. An explanation ofany proposed exemptions from otherwise applicable requirements. III.C.7. Additional information as determined to be necessary by the Division to define alternative operating scenarios identified by the source pursuantto Section IV.A. of Part A ofthis regulation, or to define permit terms and conditions implementing Section XII. ofthis Part C. Ill.C.B. A compliance plan which contains: (a) a description ofthe compliance status ofthe source with respect to all applicable requirements; (b) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements; (c) for applicable requirements that will become effective during the permit term, a statement that the source will meetthe requirements on a timely basis; and (d) for requirements forwhich the source is not anticipated to be in compliance atthe time of permit issuance, a narrative description of howthe source will achieve compliance with such requirements. III.C.9. A compliance schedule which contains: (a) for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with suchrequirements; or (b) for applicable requirements that will become effective during the permit term, a statement that the source will meetthe requirements on a timely basis. A statement that the source will meet in a timely mannerapplicable requirements that become effective during the permit term shall satisfy the provision, unless a more detailed schedule is expressly required by the applicable requirement; and (c) a schedule ofcompliance for sources that are not anticipated to be in compliance atthe time of permit issuance. This schedule shall include a schedule ofenforceable remedial milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall be at least as stringent as that contained in anyjudicial consent decree oradministrative order to which the source is subject. Any such schedule ofcompliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. III.C.1O.A schedule for submission of progress reports no less frequently than every six months for sources required having a schedule ofcompliance to remedy a violation. III.C.11.The compliance plan content requirements specified in this section shall apply and be included in the acid rain portion ofa compliance plan for an affected source, except as specifically superseded by regulations promulgated underTitle IVofthe Federal Act, Code of Federal Regulations Title 40, Part 72, with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations. III.C.12. Data necessary to allow the Division to determine whetherthe source complies with: III.C.12.a. All applicable emission control regulations; III.C.12.b. Applicable regulations forthe control of hazardous air pollutants; III.C.12.c. Requirements ofthe nonattainment and attainment programs, Sections V. and VI. of Part D ofthis regulation; and III.C.12.d. Any applicable ambient air quality standards (for temporary sources and new or modified sources applying for a combined construction/operating permit only). When the data includes modeling, the model used shall be an appropriate one given the topography, meteorology, and othercharacteristics ofthe region thatthe source will impact; and III.C.12.e. All applicable regulations. III.C.13.Copies ofAir Pollutant Emission Notices on file with the Division indicating production/process rates for which the operating permit is to be evaluated, or, ifAir Pollutant Emission Notice(s) have not been previously filed, a newAir Pollutant Emission Notice(s) shall be submitted in accordance with PartA, Section II. The Air Pollutant Emission Notice fee will not be charged for submission ofcopies ofcurrentAir Pollutant Emission Notice(s) previously filed with the Division. III.D. Operating Permit Renewal In submitting an application for renewal ofan operating permit issued underthese regulations, a source may identify terms and conditions in its previous permit that remain unchanged and incorporate by reference those portions of its existing permit and the permit application and any permit amendments or modification applications that describe products, processes, operations, and emissions to which those terms and conditions apply. The source must identify specifically and listwhich portions of its previous

### permit and/or applications that are incorporated by reference. In addition, a renewal application must contain: III.D.1. Information forthose products, processes, operations, and emissions, in accordance with the provisions ofthis Part C, that: III.D.1.a. Are not addressed in the existing permit; III.D.1.b. Are subject to applicable requirements that are not addressed in the existing permit; or III.D.1.c. Are permit terms and conditions that differfrom those in the existing permit. III.D.2. A compliance plan, schedule, and certification requirements forthe entire permit in accordance with this Part C. Ill

### .E. A major source may comply with this section through any one ofthe following methods: Ill.E.1. The source may obtain a single permit for all relevant emission points located within a contiguous or adjacent area under common control (whetheror notfalling underthe same two digit standard industrialized code); III.E.2. The source may obtain separate permits for separate emission points or groups of emission points, or III.E.3. The Division may issue a permit covering one or more emission points eligible for coverage under a general permit and the source may obtain a separate permit or permits for emission points not eligible for such coverage. III.F. The acid rain portions of permit applications shall be made on nationally standardized forms pursuant to regulation promulgated by the Administrator at Code of Federal Regulations Title 40, Part 72. IV. Processing OfApplications 

### IV.A. Standards for application determinations The Division shall evaluate operating permit applications and combined construction/operating permit applications. The evaluation of permit applications shall consider, forthe construction permit portion, whether operation ofthe proposed new source at the date ofstart-up, and for operating permits whether the permitted emissions, will comply with all applicable emissions control regulations, regulations for the control of hazardous air pollutants, applicable ambient air quality standards and regulations, requirements for the prevention ofsignificant deterioration ofair quality that is better than the National Ambient Air Quality Standards, and nonattainment and attainment/maintenance area requirements. The submittal of a complete application shall not affect the requirement that any source have a construction permit pursuant to Part B ofthis Regulation Number 3, except as otherwise required herein. IV.B. Completeness determinations IV.B.1. An application for an operating permit ora combined construction permit/operating permit, will not be deemed to be complete until all information and data required to evaluate the application have been submitted to the Division. Within sixty calendar days after the receipt ofan application or any supplemental information requested by the Division, the Division will give notice to the applicant ifand in what respectthe applicationis incomplete. Ifthe Division fails to notify an applicant thatthe application is incomplete within sixty calendar days of receipt ofthe original application or receipt ofthe requested supplemental information, the application shall be deemed to have been complete as of the day of receipt by the Division ofthe application orthe last submitted supplemental information, whichever is later, forthe purposes specified in Section II.B. ofthis Part C (concerning the application shield). Nothing herein precludes the Division from requesting further information aboutthe source in orderto process the permit application. Ifthe Division concludes that the application is not complete, it shall inform the applicant ofthe additional information that must be submitted priorto consideration ofthe application. No completeness determination shall be required for applications for administrative or minor permit modification procedures under Section Ill. of PartA ofthis regulation, or Sections X. and XI. ofthis Part C. IV.B.2. The Division shall review each application submitted to determine whether it is complete. An application shall be deemed to be complete when it contains the information required by Sections Ill.B., Ill.C., and Ill.D. ofthis Part C in sufficient detail for the Division to evaluate the subject source and the permit application, to determine all applicable requirements and to calculate all applicable fees. IV.B.3. A source shall supplement its permit application to correct or update information provided in its initial submission as soon as it becomes aware ofany omissions or incorrect information submitted orto address changes made to the source after submission ofthe application, but prior to public notice as provided in Section VI. ofthis Part C. IV.B.4. A source shall supplement its permit application to address any requirements that become applicable to the source after the date the source submitted its application, but priorto issuance ofa draft permit. IV.C. Permit application processing timeframes For operating permit applications, orfor combined construction and operating permit applications, the Division shall approve or disapprove the permit application within eighteen months of receipt ofa complete application. Permit processing timeframes for operating permit applications for affected sources underthe acid rain provisions shall be governed by Code of Federal Regulations Title 40, Part 72. Ifa timely and complete application is filed, but the Division fails to issue ordeny a renewal operating permit priorto expiration ofthe operating permit for which a source is seeking renewal, the previously issued operating permit, and all of its terms and conditions, shall not expire until the renewal operating permit is issued and any previously extended permit shield continues in full force and operation. To the extent feasible, applications shall be acted upon in the order received exceptthat priority shall be given to taking final action on applications for construction or modification underTitle I, Parts C and Part D, ofthe Federal Act. Final action on such applications shall be taken within twelve months following receipt ofa complete application. IV.D. Requests for additional information If, after an application is deemed complete, the Division determines that additional information is necessary to evaluate ortake final action on an application, the Division shall request necessary information in writing and set a reasonable deadline for response. Additional information submitted within the deadline will be evaluated by the Division. Ifthe applicant fails to provide the requested information or does not meet the deadline, the source's ability to operate without a permit shall terminate on the date of the deadline as provided in Section II.B. ofthis Part C. 

### V. Operating Permit Issuance, Renewals And Modifications

### VA Except as provided below, the Division shall not issue, reissue or renew an operating permit until the source has obtained a final approval construction permit for all emission units pursuant to Regulation Number 3, Part B, Section Ill.G. However, nothing in this section shall preclude the Division from issuing, reissuing, or renewing an operating permit ifthe holder ofan initial approval construction permit has not commenced operation ofthe new construction or modification authorized by that construction permit. When the source has not demonstrated compliance with the terms ofan initial approval construction permit as required pursuant to Regulation Number 3, Part B, Section III.G., or has not obtained a final approval construction permit as required above, the Division may issue, reissue or renew an operating permit underthe following circumstances: V.A.1. Ifthe source has not demonstrated compliance underthe provisions of Regulation Number 3, Part B, Section III.G., and the source is not anticipated to be in compliance at the time ofthe operating permit issuance with any ofthe terms orconditions ofthe initial approval construction permit, the operating permit must contain a compliance plan and compliance schedule that meets the requirements ofthis Part C, Sections III.C.8., III.C.9., and III.C.10., with respect to those permit term(s). In that instance, the deviation reporting required underthis Part C, Section V.C.7.b. may, at the Division's discretion, serve as the demonstration required pursuant to Regulation Number 3, Part B, Section III.G. and no final approval construction permitwill be issued; or V.A.2. Ifthe source has not demonstrated compliance underthe provisions of Regulation Number 3, Part B, Section III.G., and the source anticipates being in compliance atthe time ofthe operating permit issuance with all ofthe terms orconditions ofthe initial approval construction permit, the Division can elect to allow the initial approval construction permit to continue in full force and effect pursuant Regulation Number 3, Part B, Section III.G.4. In that instance, the first deviation report after permit issuance as required underthis Part C, Section V.C.7.b. may, atthe Division's discretion, serve as the demonstration required pursuant to Regulation Number 3, Part B, Section Ill.G., and no final approval construction permitwill be issued; or V.A.3. Ifthe source has demonstrated compliance underthe provisions of Regulation Number 3, Part B, Section Ill.G. but notyet received a final approval construction permit, the Division may, at its discretion, elect to either issue a final approval construction permit or allow the initial approval construction permit to continue in full force and effect. The Division shall provide written notice to the permittee of its election. V.B. An operating permit, permit modification or permit renewal shall be issued only upon a determination by the Division that the following criteria have been met: V.B.1. The Division has received a complete application for a permit, permit modification, or permit renewal; V.B.2. Public comment and hearing requirements, except for modifications qualifying for minor permit modification procedures oradministrative permit revisions; V.B.3. Requirements for notifying and responding to affected states pursuant to Section IX. of this Part C. This section is not applicable to minor sources that voluntarily apply for an operating permit for purposes of Sections X., XI., and XII., unless the source is required to have federally enforceable emissions limitations to be considered a minor source, nor to major sources ofColorado-only Hazardous Air Pollutants subject to the operating permit requirements solely due to state-only conditions underthe state Act; 

# f 

# ! l

### V.B.4. Permit conditions provide for compliance with all applicable requirements and the requirements ofthis Regulation Number3; and V.B.S. The Administrator has received a copy ofthe proposed permit and has not objected to its issuance within forty-five days of receipt ofthe proposed permit and all necessary supporting information. This section is not applicable to minor sources that voluntarily apply for an operating permit for purposes ofSections X., XI., and XII., unless the source is required to have federally enforceable emissions limitations to be considered a minor source, norto major sources ofColorado-only Hazardous Air Pollutants subject to the operating permit requirements solely due to state only conditions underthe state Act. V.B.6. The Administrator's objection to permit issuance shall be based on a determination that the proposed permit will not be in compliance with applicable requirements or requirements ofCode of Federal Regulations Title 40, Part 70. Any such objection shall include a statement ofthe Administrator's reasons for objecting and a description ofthe terms and conditions that the permit must include to respond to the objection. Failure of the Division to do any ofthe following shall also constitute grounds for an objection by the Administrator: V.B.6.a.Failure to comply with the provisions ofSection V.F. ofthis Part C for submission ofcopies of permit applications, proposed permits, and final permits to the Administrator; V.B.6.b. Failure to comply with the provisions ofSection IX. ofthis Part C for review by affected states; V.B.6.c. Failure to submit any information to the Administrator necessary to review adequately the proposed permit; or V.B.6.d. Failure to comply with the provisions ofSection VI. ofthis Part C for public participation. V.B.7. Ifthe Division fails, within ninety days after an objection by the Administrator, to revise and submit a proposed permit in response to the objection, the Administratorwill issue or deny the permit in accordance with the requirements ofthe federal program promulgated underTitle V ofthe Federal Act. V.B.8. The permit applicant has paid all applicable hourly fees as set forth in Part A, Section VI. ofthis Regulation Number 3. V.C. An operating permit shall contain, at a minimum, the following: V.C.1. Emissions limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements atthe time of permit issuance, including: V.C.1.a. The permit shall specify and reference the origin ofand authority for each term and condition, and identify any difference in form as compared to the applicable requirement upon which the term orcondition is based; and V.C.1.b. The permit shall state that, where an applicable requirement ofthe Federal Act is more stringent than an applicable requirement of regulations promulgated underTitle IV ofthe Federal Act, Code of Federal Regulations Title 40, Part 72, both provisions shall be incorporated into the permit and shall be federally enforceable; and

### V.C.1.c.lf allowed by the state implementation plan, an alternative emissions limitation that is at least as stringent as an applicable requirement may be substituted for an applicable requirement as a permitterm or condition, so long as the permit containing such equivalency determination contains provisions to ensure that any resulting emissions limitation is quantifiable, accountable, enforceable and based on replicable procedures. V.C.2. The permit term shall be five years. V.C.3. The effective date and termination date ofthe permit shall be specifically identified in the permit. V.C.4. A statement ofall monitoring and related record keeping and reporting requirements shall be specifically identified in the permit. V.C.S. Each permit shall contain the following requirements with respect to monitoring: V.C.S.a. All emissions monitoring and analysis procedures or test methods required underthe applicable requirements, including any required procedures and methods for compliance assurance monitoring and compliance certification requirements; V.C.S.b. Where the applicable requirement does not require periodic testing or instrumental or non-instrumental monitoring, periodic monitoring, or record keeping, sufficient to yield reliable data for the relevant time period that are representative ofthe source's compliance with the permit as required to be reported pursuant to Section V.C.16.e. ofthis Part C. Such monitoring requirements shall assure use ofterms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirements. V.C.S.c.As necessary, requirements concerning the use, maintenance and, where appropriate, installation of monitoring equipment or methods. V.C.6. Each permit shall incorporate all applicable record keeping requirements and require, where applicable, the following: V.C.6.a. Records of required monitoring information, which includes the following: V.C.6.a.(i) Date, place, as defined in the permit, and time ofsampling or measurements; V.C.6.a.(ii) V.C.6.a.(iii) V.C.6.a.(iv) V.C.6.a.(v) Date(s) on which analyses were performed; The company or entity that performed the analysis; The analytical techniques or methods used; The results ofsuch analysis; and V.C.6.a.(vi) The operating conditions as existing atthe time ofsampling or measurement. V.C.6.b. The retention of records ofall required monitoring data and support information for a period ofat leastfive years from the date ofthe monitoring sample, measurement, report or application. Support information, for thispurpose, includes all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies ofall reports required by the permit. The applicant may, with the Division's approval, maintain any ofthe above records in a computerized form. Sources must retain records ofall required monitoring data and support information forthe most recent twelve month period, as well as compliance certifications for the past five years on site at all times. A source shall make available for Division review all other records of required monitoring data and support information required to be retained by a source upon forty-eight hours advance notice by the Division. V.C.6.c.A permittee may request confidential treatmentfor information in any report submitted underthis section pursuant to the limitations and procedures setforth in Section VII. of PartA ofthis Regulation Number3. V.C.7. Each permit shall incorporate all applicable reporting requirements, and shall require the following: V.C.7.a. Submittal ofall reports ofany required monitoring at least every six months except as otherwise required on a more frequent basis pursuant to compliance assurance monitoring rules orother applicable requirements. The Division may approve alternative reporting formats and schedules proposed by an applicant consistent with the requirements ofthis section, allowing for coordination with other reporting requirements forthat source. All instances of deviationsfrom any permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official consistent with Section 111.8.8. ofthis Part C; V.C.7.b. Prompt reporting ofdeviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. Each permit shall contain a definition of prompt reporting in relation to the degree and type ofdeviation likely to occur and the applicable requirements. Generally "prompt" reporting shall entail reporting as required in Section V.C.7.a., above, requiring submission of reports ofdeviations from permit requirements at least every six months, except as otherwise specified by the Division in the permit. Prompt reporting, forthis purpose, does not constitute an exception to the requirements of Section VII. relating to reporting ofemergency events for the purpose ofavoiding enforcement actions. V.C.8. A permit condition prohibiting emissions exceeding any allowances that the source lawfully holds underTitle IVofthe Federal Act orthe regulations promulgated there under at Code of Federal Regulations Title 40, Part 72. V.C.9. State only permit terms and conditions shall be listed separately on the operating permit. All procedural requirements ofthis Part C may apply to such state only conditions, except as otherwise required by the state Act, in orderfor sources to obtain the permit shield and all operational flexibility provisions. The permit shall also contain a specific designation as not being federally enforceable any state only terms and conditions included in the permit that are not required underthe Federal Act or underany of its applicable requirements. A source may choose to obtain a separate construction permit pursuant to Part 8 for such state only requirements, except as otherwise required underthe state Act; V.C.10. A severability clause that demands the continued validity ofthe various permit requirements in the event ofa challenge to any portion ofthe permit; V.C.11. Provisions stating the following permit terms and conditions:

### V.C.11.a. The permittee must comply with all conditions ofthe permit issued under this Part C. Any permit noncompliance relating to federally enforceable terms or conditions constitutes a violation ofthe Federal Act, aswell as the state Act and this regulation. Any permit noncompliance relating to state only terms or conditions constitutes a violation ofthe state Act and this regulation, shall be enforceable pursuantto state law, and shall not be enforceable by citizens under Section 304 ofthe Federal Act. Any such violation ofthe Federal Act, the state Act or regulations implementing either statute is grounds for enforcement action, for permit termination, revocation and reissuance or modification orfor denial ofa permit renewal application. V.C.11.b. It shall not be a defense for a permittee in an enforcement action ora consideration in favor ofa permittee in a permit termination, revocation or modification action or action denying a permit renewal application that itwould have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions ofthe permit; V.C.11.c. The permit may be modified, revoked, reopened, and reissued, or terminated for cause. The filing ofany request by the permittee for a permit modification, revocation and reissuance, or termination, orany notification of planned changes oranticipated noncompliance does not stay any permit condition, except as provided in Sections X. and XI. ofthis Part C; V.C.11.d. The permit does not convey any property rights ofany sort, orany exclusive privilege; V.C.11.e. The permittee shall furnish to the Division, within a reasonable time specified by the Division, any information that the Division may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit orto determine compliance with the permit. Upon request, the permittee shall also furnish to the Division copies of records required to be kept by the permittee, including information claimed to be confidential. Any information subject to a claim ofconfidentiality shall be specifically identified and submitted separately from information not subject to the claim; V.C.12. A requirement that the permittee shall pay to the Division all applicable fees required by the state Act and regulations. V.C.13. A provision that no permit revision shall be required under any approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are specifically provided for in the permit; V.C.14. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application for a permit and approved by the Division, in accordance with Section IV.A. of Part A ofthis regulation. V.C.15. Terms and conditions, ifthe permit applicant requests them, for the trading ofemissions increases and decreases in the permitted facility, in accordance with Section IV. B. of Part 

### A V.C.16. The following elements with respect to compliance: V.C.16.a. Consistent with Sections 111.8.7., 111.8.8., III.C.8. through III.C.13., and V.C.4. through V.C.7. ofthis Part C, compliance, certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with

### the terms and conditions ofthe permit. Any document (including reports) required by an operating permit shall contain a certification by a responsible official that meets the requirements ofSection 111.8.8. ofthis Part C; V.C.16.b. Inspection and entry requirements that require, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Division or any authorized representative to perform the following: V.C.16.b.(i) Enter upon the permittees premises where an operating permit source is located, or emissions-related activity is conducted, orwhere records must be kept underthe terms ofthe permit; V.C.16.b.(ii) Have access to, and copy, at reasonable times, any records that must be kept underthe conditions ofthe permit; V.C.16.b.(iii) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required underthe permit. The permittee shall provide, as part of its permit application, a list ofany specialized safety equipment which may be necessary for use by an inspector; and V.C.16.b.(iv) Any sampling or monitoring ofsubstances or parameters at

V.C.16.c. reasonable times for the purpose ofassuring compliance with the permit or applicable requirements; A schedule ofcompliance consistentwith Section III.C. ofthis Part C; V.C.16.d. Progress reports consistent with an applicable schedule ofcompliance and Section Ill.C. ofthis Part C, to be submitted at least semiannually orat a more frequent period ifso specified in the applicable requirement or by the Division. Such progress reports shall contain the following: V.C.16.d.(i) Dates for achieving the activities, milestones, or compliance required in the schedule for compliance, and dates when such activities, milestones, or compliance were achieved; and V.C.16.d.(ii) An explanation ofwhy any dates in the schedule ofcompliance were not orwill not be met, and any preventive or corrective measures adopted. V.C.16.e. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, orwork practices. Permits shall include each ofthe following: V.C.16.e.(i) The frequency (which shall not be less than annually or such more frequent periods as specified in the applicable requirement or by the Division) ofsubmission ofcompliance certifications; V.C.16.e.(ii) In accordance with Sections V.C.4. through V.C.7. ofthis Part C, a means of monitoring the compliance ofthe source with its emissions limitations, standards and work practices; V.C.16.e.(iii) A requirement that the compliance certification include the following:

### V.C.16.e.(iii}(A) The identification ofeach permit term and condition that is the basis ofthe certification; V.C.16.e.(iii)(B) The compliance status; V.C.16.e.(iii}(C) Whether compliance was continuous or intermittent; V.C.16.e.(iii)(D) The method(s) used for determining the compliance status ofthe source, currently and overthe reporting period, consistentwith Sections V.C.4. through V.C.7. ofthis Part C; and whether the data collection using the methods referenced for compliance certification provide continuous or intermittent data; and V.C.16.e.(iii}(E) Such otherfacts as the Division may require to determine the compliance status ofthe source. V.C.16.e.(iv) A requirement that all compliance certifications shall be submitted to the Administrator as well as to the Division. This requirement shall not apply to sources subject to the operating permit requirements solely due to state only conditions pursuant to the state Act; V.C.16.e.(v) Any additional requirements for compliance assurance monitoring and compliance certification; V.C.16.e.(vi) Such other provisions as the Division may require. V.C.17. If a source is required to develop and register a risk management plan pursuant to Section 112(r) ofthe Federal Act, the permit shall only referto such plan and state the source's compliance with such registration requirement. The content ofthe risk management plan will not be incorporated as a permit term. V.D. The permit shield shall extend to applicable requirements that are included and specifically identified in the permit. Upon request, the Division shall include in the permit a determination identifying specific requirements that do not apply to the source. The source shall specify in its permit application for such a determination the requirements as to which the determination is requested. The permit shall state that the permit shield applies to any requirements so identified. A request for a determination to extend the shield to requirements deemed applicable to the source may be made either in the original permit application or in a subsequent application for a permit modification. V.E. Ifthe Division denies a permit, imposes conditions on a permit that are contested by the applicant, revokes a permit, or requires a permit from a source that may qualify for an exemption, the applicant or owner or operator ofthe source may request a hearing before the Commission in accordance with the Commission's Procedures forAdjudications. The request for a hearing must be filed with the Commission within thirty days after the issuance ofthe permit, denial or revocation. The hearing shall be held in accordance with Colorado Revised Statute Sections 25- 7-119 and 24-4-105 and the Commission's Procedures for Adjudications. V.F. The Division shall submitto the Administrator a copy ofeach permit application (including any application for permit modification), each proposed perm(t, and each final operating permit. VI. Public Participation RequirementsVI.A. Except for modifications qualifying foradministrative permit amendments, minor permit modification procedures and operational flexibility provisions, as described in SectionsX., XI., and XII. ofthis Part C, Sections Ill. and IV. of PartA, and exceptforapplications for coverage under general operating permits as described in Section VIII. ofthis Part C, all permit proceedings, including initial permit issuance, significant modifications, re-openings and renewals, and are subject to public notice, comment and opportunity for public hearing requirements. A minor source voluntarily applying foran operating permit is not subjectto the public participation requirements ofthis Part C unless the source is required to have a federally enforceable emission limitation to be considered a (synthetic) minor source. Minorsources that are not synthetic minors and major sources of Colorado-only Hazardous Air Pollutants subject to the operating permit requirements solely due to state-only conditions shall be subjectto the public participation requirements where warranted in accordance with the provisions of Part 8 ofthis Regulation Number 3. Vl.8. The Division shall, within fifteen calendar days afterthe preparation ofthe preliminary analysis, cause public notice ofthe application to be published in a newspaper ofgeneral distribution in the area in which the proposed project oractivity is orwill be located, and by such other means if 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 preliminary analysis and application to be filed with the county clerk for each county in which the source is orwill be located. The Division shall send written or electronic notice to the applicant, to persons requesting notice of permit applications for the type ofsource or geographic area and to affected states. The newspaper notice shall contain the information listed below in Vl.8.1. through Vl.8.9. The Division's web site notice shall contain all the following information in Sections VI.8.1. through VI.8.15.: VI.8.1. The name and address ofthe permittee; Vl.8.2. The name and address ofthe affected facility; Vl.8.3. The Division's name and address; Vl.8.4. The activity or activities proposed in the permit application; Vl.8.5. The emissions change involved in any permit modification; Vl.8.6. The name, address, and telephone numberofa Division staffcontact from whom interested persons may obtain additional information, including copies ofthe permit draft, the application, all relevant supporting materials, the compliance plan, the monitoring and compliance certification report, and all other materials available to the Division that are relevant to its permit decision; V1.8.7. Information regarding scheduling ofany public comment hearing ifone is requested; Vl.8.8. That the Division will receive and consider public comments forthirty calendar days after such publication; Vl.8.9. The Division's preliminary determination ofapproval, conditional approval, ordisapproval ofthe application; Vl.8.10.That any interested person may submit a written request for a public comment hearing to be held by the Commissio11 to receive comments regarding the concerns listed in Sections Vl.8.11. through Vl.8.15., below, the sufficiency ofthe preliminary analysis, and whetherthe Division should approve ordeny the permit application. Any written request

### for a public comment hearing must be submitted to the Division within thirty days of publication; VI.B.10.a. Written requests for a public comment hearing shall be directed to the Air Pollution Control Division's office at4300 Cherry Creek Drive South, Denver, Colorado 80246-1530; VI.B.1O.b. Requests shall: (i) identify the individual orgroup applying; (ii) state his or her address and phone number; (iii) state the reasons for the request; (iv) state the manner in which the person is affected by the proceedings; and (v) provide an explanation ofwhy the person's interests are not already adequately represented. VI.B.11.That comments concerning the ability ofthe proposed activity to comply with applicable requirements are solicited from any interested person; VI.B.12.That comments are solicited on the air quality impacts ofthe source or modification; VI.8.13.That comments are solicited on alternatives to the source or modification; VI.B.14.That comments are solicited on the control technology required; VI.B.15.That comments are being solicited on any other appropriate air quality considerations. VI.C. Within fifteen calendar days afterthe preparation ofthe preliminary analysis forthose applications subjectto the requirements ofthis Part C, the Division shall forward to the applicant written notice ofthe applicant's right to a public comment hearing with respect to the application pursuant to Section 1.7.0. ofthe Commission's procedural rules. VI.D. A public comment hearing request pursuant to Section VI.B. ofthis Part C must be transmitted by the Division to the Commission, along with the complete permit application, the preliminary analysis, the draft permit, and any written comments received by the Division within five days after the end ofthe thirty-day comment period. At least thirty days prior to the date set for the public comment hearing, the notice of public comment hearing, the preliminary analysis and the draft permit shall be posted on the Division's web site. No substantive revisions shall be made to the draft permit during the thirty days prior to the public comment hearing. The applicant may submit, within ten days following the close ofthe public comment period, a response to any comments made. Nothing herein shall impede the Division's ability to meet required processing timeframes orother required time periods contained in this regulation. VI.E. The Commission shall hold a public comment hearing within sixty days of its receipt ofthe request for a hearing pursuant to Section VI.B. orVI.C. ofthis Part C, unless such greatertime is agreed to by the applicant and the Division. The Division shall appear atthe public comment hearing in order to present the permit application. At least thirty days prior to such hearing, notice thereof shall be mailed by the Commission to the applicant, and to any interested person who submitted a request for a public hearing, printed in a newspaper ofgeneral distribution in the area ofthe proposed source or modification, and submitted for public review with the county clerk for each county in which the source or modification is orwill be located. VI.F. The Division shall maintain a record ofthe commenter and ofthe issues raised during the public comment and public hearing process for a period offive years. VI.G. The Division shall notify the Administrator and any affected state, in writing, ofany refusal to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period, as well as reasons for such refusal.VI.H. Ifthe Administrator does not object in writing to the issuance ofany proposed permitwithin fortyfive days of receipt ofthe proposed permit, any person may petition the Administratorwithin sixty days ofexpiration ofthe Administrator's forty-five day review period to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period as provided for in Section VI.B. ofthis Part C, unless the petitioner demonstrates that it was impracticable to raise such objections within that period, or unless the grounds for such objection arose after such period VI.H.1. A petition for review does not stay the effectiveness ofa permit or its requirements ifthe permitwas issued after the end ofthe forty-five day review period and prior to an U.S. EPA objection. VI.H.2. If, pursuant to a petition filed underthis Section VI.H., the U.S. EPA objects to the issuance ofa permit prior to its issuance, the Division shall not issue the permit until the U.S. EPA's objection has been resolved. VI.H.3. If, pursuant to a petition filed underthis Section VI.H., the U.S. EPA objects to the issuance ofa permit after it has been issued by the Division, the Administrator may modify, terminate, or revoke such permit and the Division may thereafter issue only a revised permit that satisfies the U.S. EPA's objection. VI.H.4. In no event will any proceeding underthis Section VI.H. cause a source to be in violation ofthe requirement to have submitted a timely and complete application. VII. Emergency Provisions VII.A. An emergency means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe source, including acts ofgod, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology based emission limitation underthe permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error. VII.B. An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations ifthe conditions of Section VII.C. are met. In any enforcement proceeding, the permittee seeking to establish the occurrence ofan emergency has the burden of proof. VII.C. The affirmative defense for an emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that: VII.C.1. An emergency occurred and that the permittee can identify the cause(s) ofthe emergency; VII.C.2. The permitted facility was atthe time being properly operated; VII.C.3. During the period ofthe emergency, the permittee took all reasonable steps to minimize levels ofemissions that exceeded the emission standards, or other requirements in the permit; and VII.C.4. The permittee submitted oral notice ofthe emergency to the Division no later than noon ofthe nextworking day following the emergency, and followed by written notice within one month ofthe time when emission limitations were exceeded due to the emergency. This notice fulfills the requirement of Section V.C.7.b. ofthis Part C. This notice must

### contain a description ofthe emergency, any steps taken to mitigate emissions, and corrective actions taken. VII.C.5. This provision is in addition to any emergency or upset provision contained in any applicable requirement. VIII. General Operating Permits 

### VIII.A. The Division may, after notice and opportunity for public participation provided under Section VI. ofthis Part C, issue a general permit covering numerous similar sources that would otherwise be required to obtain an operating permit pursuant to this Part C. Any general permit shall comply with all requirements applicable to other operating permits and shall identify criteria by which sources may qualify for the general permit. For sources that qualify, the Division shall grantthe conditions and terms ofthe general permit. Notwithstanding the permit shield, a source shall be subjectto enforcement action for operation without an operating permit ifthe source is later determined notto qualify for the conditions and terms ofthe general permit. General permits are not authorized for affected sources underthe acid rain program unless otherwise provided in regulations promulgated underTitle IVofthe Federal Act. A general permit may be issued for the following purposes: VIII.A.1.To establish terms and conditions to implement applicable requirements for a source category; VIII.A.2.To establish terms and conditions to implement applicable requirements in lieu of reopening the permit to incorporate additional applicable requirements pursuant to Section XIII ofthis Part C; VIII.A.3.To establish terms and conditions for new requirements that apply to sources with existing permits, so long as no terms or conditions ofthe existing permit are being violated; VIII.A.4.To establish federally enforceable caps on emissions from sources in a specified category. VIII.A.5.The Division may issue a general permit if it finds that: VIII.A.5.a. There are several permittees, permit applicants, or potential permit applicants who have the same or substantially similar operations, emissions, activities, orfacilities; VIII.A.5.b. The permittees, permit applicants, or potential permit applicants emitthe same type of regulated air pollutants; VIII.A.5.c. The operations, emissions, activities, orfacilities are subject to the same or similar standards, limitations, and operating requirements; and VIII.A.5.d. The operations, emissions, activities, orfacilities are subjectto the same or similar monitoring, record keeping, and reporting requirements. VIII

### .B. A general permit developed under this section shall identify criteria by which sources may qualify for the general permit. After a general permit has been developed, any eligible source may submit an application to be covered underthe permit. VIII.C. An application for coverage under a general permit shall identify the source and provide information sufficient to demonstrate that it falls within the source category covered by thegeneral permit, togetherwith all information necessary to determine qualification for, and to assure compliance with, the general permit including a compliance plan in accordance with Section Ill.C.

## a. ofthis Part C. VIII.D. A final action approving a request for coverage under a general permit shall not be subject to judicial review. A source may seekjudicial review ofa final action denying coverage under a general permit. VIII.E. Ifsome, but not all, ofa source's operations, activities, and emissions are eligible for coverage under one or more general permits, the source may apply for and receive coverage underthe general permits forthe operations, activities, and emissions that are so eligible. Ifthe source is required under Section II. ofthis Part 

### C to obtain an operating permit addressing the remainder of its operations, activities, and emissions, it may apply for, and receive, an operating permit that addresses specifically those items not covered by general permits. In such a case, the source's operating permit shall identify all operations, activities, and emissions that are subjectto general permits and incorporate those general permits by reference. VIII.F. Sources thatwould qualify for a general permit must apply to the Division for coverage underthe terms ofthe general permit or mustapply for an operating permit under Section Ill. ofthis Part C. without repeating the public participation procedures required under Section VI. ofthis Part C, the Division may grant a source's request for authorization to operate under a general permit. Such a grant shall not be a final permit action for purposes ofjudicial review. VIII.G. Upon granting ofthe general permit by the Division, the source must keep a copy ofthe permit on-site atall times. VIII.H. A general operating permit shall not be issued to a majorsource where issuance ofa general permitwould cause a violation ofany applicable requirement in any other operating permit held by the source, orwhere issuance ofa general operating permit operates to allowthe source to avoid a modification underTitle I ofthe Federal Act. VIII.I. A source may commence operations underthe general operating permit sixty days after submitting its application for a general operating permit unless notified by the Division within that time period that additional information is required to determinewhetherthe source qualifies for a general operating permit. Nothing herein precludes the Division from requesting additional information after sixty days have elapsed since the source's submission ofa general operating permit application. VIII.J. The application shield shall become effective upon the source's submission ofa complete application, in accordance with Section II.B. ofthis Part 

### C. VIII.K. The permit shield shall become effective upon issuance ofthe general operating permit by the Division. VIII.L. The general operating permits, as developed by the Division, shall be required to undergo review by the Administrator, affected states and the public, as set forth in Sections V.B., VI., and IX. of this Part 

### C every five years. IX. Review 

### By Affected States IX.A. The Division shall give notice ofeach draft-operating permit to any affected state on or before the time that the Division provides public notice under Section VI. ofthis Part C, exceptwhere the requirements for timing of notices are different pursuantto Sections X., X. I., and XII. ofthis Part 

### C.

### IX.B. The Division shall notify the U.S. EPA and any affected state in writing ofany refusal by the Division to accept all recommendations for the proposed permit that the affected state submitted during the public oraffected state review period. Said notice will include the Division's reasons for not accepting any such recommendation. The Division is not required to accept recommendations that are not based on applicable requirements. 

### X. Minor Permit Modification Procedures X.A. Minor permit modification procedures may be used only for those permit modifications that: X.A.1. Do not violate any applicable requirement; X.A.2. Do not involve significant changes to existing monitoring, reporting, or record keeping requirements in a permit; X.A.3. Do not require orchange a case-by-case determination ofan emission limitation orother standard or a source-specific determination for temporary sources ofambient impacts, or a visibility or increment analysis; X.A.4. Do not seek to establish orchange a permit term orcondition forwhich there is no corresponding underlying applicable requirement and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include: X.A.4.a.A federally enforceable emissions cap assumed to avoid classification as a modification under any provision ofTitle I ofthe Federal Act, including but not limited to modifications under Part 2 ofthe state Act (prevention ofsignificant deterioration), Part 3 ofthe state Act (attainment), or New Source Performance Standards (Regulation Number 6); X.A.4.b.An alternative emissions limit approved pursuant to regulations promulgated under Colorado Revised Statute Section 25-7-109.3 or Section 112(i)(5) ofthe federal Act (Regulation Number8); X.A.S. Are accepted excepted from the definition of permit modification in Section I.A.3. of Part 

### C. X.A.6. Are not otherwise required by the Division to be processed as a significant modification. X.B. Notwithstanding Sections X.A.S.and XI. (group processing criteria), minor permit modification procedures may be used for permit modifications involving the use ofeconomic incentives, marketable permits, emissions trading, and other approved approaches, to the extent that such minor permit modification procedures are otherwise provided for in the state implementation plan promulgated pursuant to the state Act. X.C. An application for a minor permit modification shall be prepared on forms supplied by the Division. X. D. Applications shall meetthe requirements ofan application for an operating permit as set forth in Commission Regulation Number 3, Part C, Section Ill., and be signed by a responsible official. The applicant shall furnish all information and data required by the Division to evaluate the minor permit modification application, and shall include the following: X.D.1. A description ofthe change, the emissions resulting from the change, and any new applicable requirements that will apply ifthe change occurs;

### X.D.2. The sources suggested draft permit; X.D.3. Certification by a responsible official that the proposed modification meets the criteria for use of minor permit modification procedures and a request that such procedures be used; and X.D.4. Completed forms supplied by the Division for the Division to use to notify the Administrator and affected states. X.D.5. Data necessary to allow the Division to determine whether the source complies with: X.D.S.a. All applicable emission control regulations; X.D.S.b. Applicable regulations for the control of hazardous air pollutants; X.D.S.c. Requirements ofthe nonattainment and attainment programs (Sections V. and VI. of Part D ofthis regulation); and X.D.S.d. Any applicable ambient air quality standards and all applicable regulations. When the data includes modeling, the model used shall be an appropriate one given the topography, meteorology, and other characteristics of the region, which the source will impact; X.D.6. Copies ofAir Pollutant Emission Notice(s) on file with the Division indicating production/process rates forwhich the operating permit is to be evaluated, or, ifAir Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant Emission Notice(s) shall be submitted in accordance with PartA, Section II. The Air Pollutant Emission Notice fee will not be charged for submission ofcopies ofcurrent Air Pollutant Emission Notice(s) previously filed with the Division. X.E. An application for a minor permit modification will not be deemed to be complete until all information and data (including any required ambient air impact analysis in accordance with Section VIII. of Part A) required to evaluate the application have been submitted to the Division. X.F. Within five working days of receipt ofa complete minor permit modification application, the Division shall send a copy ofthe notice completed pursuant to Section X.D.4., above, to the Administrator. X.G. Within five working days of receipt ofa complete minor permit modification application, the Division shall send a copy ofthe notice completed pursuantto Section X.D.4., above, to affected states. Notice to affected states shall not be required for minor sources that voluntarily apply for an operating permit to obtain the operational flexibility set forth in this Part C. The Division shall notify the Administrator and any affected state ofany refusal by the Division to accept all recommendations for the proposed revised permit underthe minor permit modification procedures that the affected state submitted during its review period. The Division shall include in such notice its reasons for not accepting any such recommendation. The Division is not required to accept recommendations that are not based on applicable requirements underthe state or Federal Act. Notice to affected states and to the Administrator is not required for minor modifications involving state only conditions. X. H. Within ninety calendar days of receipt ofa complete application for minor permit modification, or fifteen calendar days afterthe end ofthe Administrator's forty five day review period, whichever is later, the Division shall: X.H.1. Issue the minor permit modification as proposed;

### X.H.2. Deny the minor permit modification application; X.H.3. Determine thatthe requested modification does not meetthe minor permit modification criteria and should be reviewed underthe significant modification procedures; or X.H.4. Revise the draft minor permit modification and transmit to the Administrator the new proposed minor permit modification as required in this Regulation Number 3, Part C, Section V.B.5. X. I. A source shall be allowed to make the changes proposed in its application for minor permit modification immediately after it files such application. Ifthe source elects to make such changes, and until the Division issues its final determination in accordance with Sections X. H.1. through X.H.4., above, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time, the source does not need to comply with existing permit terms and conditions it seeks to modify, but ifthe source fails to comply with its proposed permit terms and conditions during this period, the existing permit terms and conditions it seeks to modify shall be fully enforceable by the Division. X.J. The permit shield shall not extend to minor permit modifications. X.K. A permit modification for purposes ofthe acid rain portion ofa permit shall be governed by regulations promulgated underTitle IV ofthe Federal Act, found at Code of Federal Regulations Title 40, Part 72. XI. Procedures For Group Processing Of Minor Permit Modification Applications 

### XI.A. Group processing ofapplications for modifications eligible for minor permit modification processing may be used only for those permit modifications that: XI.A.1. Meetthe requirements of Part C, Sections X.A.1. through X.A.6., above, for minor permit modification procedures; and XI.A.2. That collectively is below the lowestthreshold level as setforth below: XI.A.2.a. Ten percent ofthe emissions allowed by the permit for the emissions unit for which the change is requested; or XI.A.2.b. Twenty percent ofthe applicable definition of majorsource; or XI.A.2.c. Five tons per year, whichever is less. XI.B. An application shall be filed with the Division for each change the source proposes to make, describing the change and the new emissions resulting from the change and notifying the Division thatthe source intends to request group processing ofsuch minor modification applications in accordance with Section XI.C.4., below. An application for group processing of minor permit modifications shall be prepared on forms supplied by the Division.· XI.C. Applications shall meetthe requirements ofan application for an operating permit as set forth in Commission Regulation Number 3, Part C, Section Ill., and be signed by a responsible official. The applicant shall furnish all information and data (including any required ambient air impact analysis in accordance with Section VIII. of Part A ofthis regulation) required by the Division to evaluate the minor permit modification application and shall include the following: XI.C.1. A description ofthe change, the emissions resulting from the change, and any new applicable requirements thatwill apply ifthe change occurs;XI.C.2. The sources suggested draft permit; XI.C.3. Certification by a responsible official that the proposed modification meets the criteria for use ofgroup processing procedures and a requestthat such procedures be used; XI.C.4. A list ofthe source's other pending applications awaiting group processing, and a determination ofwhetherthe requested modification, aggregated with these other applications, equals or exceeds the threshold set under Sections XI.A.2.a. through XI.A.2.c. ofthis Part C; XI.C.S. Certification by a responsible official that the source has notified the U.S. EPAofthe proposed modification. Such notification need only contain a briefdescription ofthe requested modification; XI.C.6. Copies ofAir Pollutant Emission Notice(s) on file with the Division indicating production/process rates forwhich the operating permit is to be evaluated, or, ifAir Pollutant Emission Notice(s) have not been previously filed, a newAir Pollutant Emission Notice(s) shall be submitted in accordance with PartA, Section II. The Air Pollutant Emission Notice fee will not be charged for submission ofcopies ofcurrent Air Pollutant Emission Notice(s) previously filed with the Division. XI.C.?. Completed forms for the permitting authority to use to notify the Administrator and affected states. Notice to affected states is not required for minor sources voluntarily applying for an operating permitto obtain the operational flexibility setforth in this Part C. Notice to affected states and the Administrator is not required for group processing of minor modifications involving state only conditions. XI.C.8. As provided for in the state implementation plan, minor permit modifications made pursuant to this Section XI. will nottrigger the procedural requirements otherwise applicable for modifications pursuantto Part B ofthis regulation. XI.D. On a quarterly basis, orwithin five business days of receipt ofan application demonstrating that the aggregate ofa source's pending applications equals or exceeds the thresholds setforth in Section XI.A.2., whichever is earlier, the Division shall promptly notify the Administrator and affected states. A source shall only be allowed to aggregate its increased emissions caused by changes made in accordance with this Section XI. during each five-year permitterm, except that any aggregation ofemissions that equals or exceeds the thresholds setforth in Section A.2. shall trigger the procedural requirements setforth ih this Section XI. All aggregation ofemissions not addressed through the procedures set forth in this Section XI. shall be incorporated into the operating permit upon renewal. The Division shall promptly notify the Administrator and any affected state ofany refusal by the Division to accept all recommendations for the proposed revised permit underthe group processing ofminor permit modifications that the affected state submitted during its review period. The Division shall include in such notice the reasons for not accepting any such recommendation. The Division is not required to accept recommendations that are not based on applicable requirements underthe state or Federal Acts. XI.E. Within one hundred and eighty calendar days of receipt ofa complete application for group processing ofminor permit modifications underthis Section XI., orfifteen calendar days afterthe end ofthe Administrator's forty-five days review period, whichever is later, the Division shall: XI.E.1. Issue the minor permit modification as proposed; XI.E.2. Deny the minor permit modification application;

### XI.E.3. Determine that the requested modifications do not meetthe minor permit modification criteria and should be reviewed underthe significant modification procedures; or XI.E.4. Revise the draft minor permit modification and transmit to the Administrator the new proposed minor permit modification. XI.F. A source shall be allowed to make the changes proposed in its application for group processing of minor permit modifications immediately after it files such application. Ifthe source elects to make such changes, and until the Division issues its final determination in accordance with Sections XI.E.1. through XI.E.4. above, the source must comply with both the applicable requirements governing the change and the proposed permit terms and conditions. During this time, the source does not need to comply with existing permit terms and conditions it seeks to modify, but ifthe source fails to comply with its proposed permitterms and conditions during this period, the existing permit terms and conditions it seeks to modify shall be fully enforceable by the Division. XI.G. The permit shield shall not extend to minor permit modifications made pursuant to the group processing procedures in this Section XI. XII. Operational Flexibility 

### XII.A. Section 502(b)(10) changes XII.A.1. No permit revision is necessary for changes within a permitted facility, ifthe changes are accepted excepted from the definition of modification in PartA, Section 1.8.28. ofthis Regulation Number 3, and the changes do not exceed the emissions allowable under the permit, whether expressed therein as a rate ofemissions or in the terms oftotal emissions, and provided that notice is provided to the Division as set forth below: XII.A.1.a. For each such change, the facility shall provide the Administrator and the Division with a minimum ofseven days' written notification in advance ofthe proposed changes. The notice must be received by the Division no later than seven days in advance ofthe proposed changes. The source, the Division, and the Administrator shall attach each such notice to their copy ofthe relevant permit; XII.A.1.b. For each such change, the written notification required above shall include a brief description ofthe change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that is no longer applicable because ofthe change; XII.A.1.c. A source shall be allowed to make such change proposed in its notice on the day following the last day ofthe advance notice described in this section if the Division has not responded nor objected to the proposed change on or before that day; and XII.A.1.d. The permit shield shall not apply to any changes made pursuant to this section. Ifsubsequent changes cause the facility's operations and emissions to revert to those anticipated in the operating permit, the permittee resumes compliance with the terms and conditions ofthe permit, and has provided the Division and Administrator with a minimum ofseven**days~** 

### advance notice of such changes in accordance with the provisions of Section XII.A.1.a., above, the permit shield may be reinstated in accordance with the terms and conditions stated in the operating permit.XII.A.2. Changes made pursuant to this Section XII.A. shall be incorporated into the operating permit at the time of renewal, atwhich time the permit shield shall apply. XII.B. Off Permit Changes No permit revision shall be necessaryfor changes within a permitted facility, not otherwise addressed or prohibited in the permit or in the provisions ofthis Section XII.B., governing off permit changes. This provision shall apply to changes, which are accepted from the definition of permit modification in Section I.A.3. ofthis Part C, or ifsuch changes are subject to requirements ofTitle IV ofthe Federal Act (acid rain program). As provided for in the state implementation plan, changes made pursuant to this Section XII.B. shall not triggerthe procedural requirements contained in Part 8 ofthis regulation for obtaining a construction permit. Xl1.8.1. Each such change shall meet all applicable requirements and shall notviolate any existing permit term orcondition. Xl1.8.2. The source must provide contemporaneous written notice to the permitting authority and the Administrator ofeach such change, exceptfor changes that have been determined to be insignificant by the Commission pursuant to regulation. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirement thatwould apply as a result ofthe change. A revised Air Pollutant Emission Notice shall be submitted in accordance with the provisions of PartA, Section II., along with the written notice required in this Section XII.B.2. XII.B.3. The permit shield shall not apply to any such change made pursuant to this Section XII.B. XII.B.4. The source shall keep a record describing changes made atthe source that result in emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated underthe permit, and the emissions resulting from those changes, including any otherdata necessary to show compliance with applicable ambient air quality standards. XII.B.S. Changes made pursuant to this Section XII.B. shall be incorporated into the operating permit atthe time of renewal. XIII. Reopening For Cause Of Permits Issued PursuantTo Part C XIII.A. A permit issued pursuant to Part C ofthis Commission Regulation Number 3, shall be reopened and revised under any ofthe following circumstances:

. XIII.A.1.Additional applicable requirements become applicable to a major source with a remaining permitterm ofthree or more years. Such reopening shall be completed no later than eighteen months after promulgation ofthe applicable requirement. No such reopening is required ifthe effective date ofthe requirement is laterthan the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended, or ifa general permit is obtained to address the new requirement pursuant to Section VIII.A.2. ofthis Part C; XIII.A.2.Additional requirements (including excess emissions requirements) become applicable to an affected source underthe acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit;

### XIII.A3.The Division orthe Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards orother terms orconditions ofthe permit; XIII.A4.The Division orthe Administrator determines that the permit must be revised or revoked to assure compliance with the applicable requirements; XIII.A.5.Permit reopening and reissuance shall be processed using the procedures set forth in Sections Ill., IV., and V. ofthis Part C for permit issuance and permit renewal; XIII.A6.Proceedings to reopen and reissue permits affect only those parts ofthe permit forwhich cause to reopen exists; and XIII.A7.Reopening underthis section of Part C shall not be initiated before notice ofsuch intent is provided to the source by the Division at least thirty days in advance ofthe date that the permit is to be reopened. TheDivision may provide a shorter time period within which to give notice in the case ofan emergency. XIII.B. The Division shall extend the permit shield to those parts ofthe permit that have been changed pursuant to the reopening and reissuance proceedings ofthis section of Part C. XIII.C. A source may choose to have its operating permit renewed during any proceeding for reopening the permit underthis section, provided a complete application is submitted pursuant to Part C. 

### XIV. Compliance Assurance Monitoring The regulations promulgated by the U.S. EPA listed in Section XIV.A1., below, are hereby incorporated by reference by the Commission and made a part ofthe Colorado Commission regulations. Materials incorporated by reference are those in existence as ofthe date indicated and do not include later amendments. The material incorporated by reference is available for public inspection during regular business hours at the Office ofthe Commission, located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, or may be examined at any state publications depository library. Parties wishing to inspect these materials should contact the Technical Secretary ofthe Commission, located at the office ofthe Commission. XIV.A1. Air Pollution Control, Monitoring, Operating Permits, Reporting and Record Keeping Requirements: Compliance Assurance Monitoring, Code of Federal Regulations Title 40, Parts 64 and 70.6, October 22, 1997 (62 FR 54900). Air Pollution Control, Monitoring, Operating Permits, Reporting and Record keeping Requirements: Compliance Assurance Monitoring, Code of Federal Regulations Title 40, Parts 64, 70.6 and 71.6, October 22, 1997 (62 FR 54900). 

### PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND PREVENTION OF SIGNIFICANT DETERIORATION I. Applicability I.A. General Applicability I.A.1. This Part D shall apply to any new orexisting major stationary source. Any new major stationary source or major modification, to which the requirements ofthis 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.I.A.2. Exceptas otherwiseprovidedin Section XV. ofthis PartD, andconsistent with the definition ofmajormodification (Section II.A.22. ofthis part), 

### a projectis

### a major modification fora regulated NSRpollutantifitcauses two types ofemissions increases

- a significantemissions increase (as defined in Section II.A.43. ofthispart), anda significantnetemissions increase (as definedin Sections I/.A.26. andI/.A.42. ofthis part). The projectis nota majormodification ifitdoes notcause a significantemissions increase. Ifthe projectcauses a significantemissions increase, then the projectis a majormodification onlyifitalso results in a significantnetemissions increase. I.A.3. The procedure forcalculating (before beginning actualconstruction) whether

### a significant emissions increase (i.e., the firststep ofthe process) will occurdepends upon the type of emissions units being constructed ormodified, according to Sections 1.8.1. through 1.8.3. ofthis part. The procedure forcalculating (before beginning actualconstruction) whether a significantnetemissions increase will occurat the majorstationarysource (i.e., the secondstep ofthe process) is containedin the definition ofNet Emissions Increase (Section II.A.26. ofthispart). Regardless ofanysuch preconstruction projections, 

### a major modification results ifthe projectcauses a significantemissions increase anda significant netemissions increase. 

### 1.8. ApplicabilityTests 

### 1.8.1. Actual-to-projected-actualapplicabilitytestforprojects that onlyinvolve existing emissions units. A significantemissions increase ofa regulatedNSRpollutantisprojected to occurifthe sum of the difference between the projectedactualemissions (as defined in Section II.A.36. ofthis part) and the baseline actualemissions (as definedin Sections II.A.4.a. andII.A.4.b. ofthis part, as applicable), foreach existing emissions unit, equals orexceeds the significantamountforthat pollutant(as definedin Section /I.A. 42. ofthis part). 

### 1.8.2. Actual-to-potential test forprojects thatonlyinvolve construction ofa newemissions unit(s). A significantemissions increase ofa regulated NSRpollutantisprojectedto occurifthe sum of the difference between the potential to emit(as definedin Section 1.8.35. ofPartA ofthis regulation) from each newemissions unitfollowing completion ofthe projectand the baseline actualemissions (as definedin Section /I.A. 4. ofthispart) ofthese units before the projectequals orexceeds the significantamountforthatpollutant (as defined in Section /I.A. 42. ofthis part). 

### 1.8.3. Hybrid testforprojects thatinvolve multiple types ofemissions units. A significantemissions increase ofa regulatedNSRpollutantisprojected to occurifthe sum of the emissions increases foreach emissions unit, using the methods specifiedin Sections 1.8. 1. through 1.8.3. ofthispartas applicable with respect to each type ofemissions unit, equals or exceeds the significantamount forthatpollutant (as definedin Section /I.A. 42. ofthispart). 

### 1.8.4. An owneroroperatorof

### a majorstationarysource who conducts the actual-to-projectedactual testfor a projectthatrequires a minorpermitmodification in accordance with Section 

### X. ofPart

### C, requires 

### a significantpermitmodification in. accordance with Section I.A.3. ofPart C, a modification as definedin Section 1.8.26. ofPartA orthatrequires a minorsource permit underPart 8 shallsubmit

### a permitapplication including: I.B.4.a. Allcalculations andsupporting documentation used to determine baseline actual emissions ofeach emissions unitaffectedbythe project;

### I.B.4.b. Allcalculations andsupporting documentation used to determine projectedactual emissions ofeach existing emissions unitaffectedby the project; 

### I.B.4.c. A determination ofthatportion ofeach existing unit's emissions following the project that the unitcouldhave accommodatedduring the consecutive twentyfourmonth period used to establish the baseline actual emissions and thatare unrelatedto the project, including anyincreased utilization due to product demandgrowth; and, 

### I.B.4.d. Anyotherinformation requestedby the Division thatmaybe needed to determine if

### a majormodification will occurateach emissions unitaffectedby the project. The information submittedin accordance with Section I.B.4.a. through I.B.4.d., above, shallbe incorporatedinto an appendix to the majorstationarysource's Title V Operating permit oras

### a permitnote in the construction permit. The requirement that the owneroroperatorof

### a majorstationarysource who conducts the actual-to-projected-actual testfor

### a project thatrequires 

### a minorpermitmodification submitinformation in accordance with Sections I.B.4.a. through I.B.4.d., as setoutin this Subsection 1.8.4., shallnotbe federally enforceable andshallnotbe incorporated into the state implementation plan. I. 

### C. Foranymajorstationarysource requesting, oroperating under, 

### a Plant-wide Applicability Limitation (as definedin Section II.A.32.) for

### a regulated NSRpollutant, the majorstationary source shallcomply with the requirements ofSection XV. ofthis part. 

### II. Definitions 

### II.A. The following definitions apply specifically to the provisions contained in this Part D. II.A.1. Actual Emissions The actual rate ofemission ofa regulated NSR 

### pollutant from an emissions unit, determined as follows: II.A.1.a.Actual emissions as ofa particular date shall equal the average rate, in tons per year, at which the unit actually

### emitted the pollutant during a two-year consecutive twenty-fourmonth 

### period that precedes the particular date and is representative of normal unit operation. A different period may be used if it is more representative of normal unit operation. Actual emissions shall be calculated using the unit's 

### actual operating hours, production rates, and types of materials processed, 

### stored or combusted oractual emission data during the selected time period; II.A.1.b.The Division may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions ofthe unit only ifactual emissions cannot be determined pursuant to Section II.A.1.a., above; II.A.1.c. For any emissions unit (other than an electric utility steam generating unit) that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. II.A.1.d. This definition shallnotapplyforcalculating whether

### a significantemissions increase has occurred, orforestablishing

### a PAL underSection XV. ofPartD ofthis regulation. Instead, Sections /I.A. 36. and/I.A. 4. ofthis partshallapplyfor these purposes. II.A.1.e. For an electric utility steam generating unit (otherthan a new unit orthe replacement ofan existing unit) actual emissions ofthe unit following the physical or operational change shall equal the representative actual annual emissions of the unit. provided the source owner oroperator maintains and submits to the Division on an annual basis. for a period offive years from the date the unit resumes regular operation. information demonstrating that the physical or operational change did not result in an emissions increase. A longer period. not to exceed ten years. may be required by the Division if it determines such a period to be more representative of normal source post change operations. II.A.2. Actuals PAL Fora majorstationarysource, means a PAL basedon the baseline actual emissions (as defined in Section II.A.4. ofthispart) ofall emissions units (as defined in the Common Provisions regulation) at the source thatemit orhave the potential to emitthe PAL pollutant. 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. II.A.4. Baseline Actual Emissions The rate ofemissions, in tonsperyear, ofa regulated NSRpollutant, as determinedin accordance with Sections I/.A.4.a. through II.A.4.d. below. II.A.4.a. Foranyexisting electric utilitysteam generating unit (as definedin Section I/.A.14. ofthis part), baseline actualemissions means the average rate, in tons peryear, at which the unitactuallyemittedthe pollutantduring anyconsecutive twenty-fourmonth periodselectedbythe owneroroperatorwithin the five year periodimmediatelypreceding when the owneroroperatorbegins actual construction ofthe project. The Division shallallowthe use of

### a different time period upon a determination thatitis more representative ofnormalsource operation. II.A.4.a.(i) The average rate shallinclude fugitive emissions to the extent quantifiable, andemissions associated with startups, shutdowns, and malfunctions. II.A.4.a.(ii) The average rate shallbe adjusteddownward to exclude anynoncompliantemissions thatoccurred while the source was operating above anyemission limitation thatwas legallyenforceable during the consecutive twenty-fourmonth period. II.A.4.a.(iii) Fora regulated NSRpollutant, when a projectinvolves multiple emissions units, onlyone consecutive twenty-fourmonthperiodmaybe used to determine the baseline actual emissions forthe emissions units being changed. A differentconsecutive twenty-fourmonth periodcan be used foreach regulated NSRpollutant. II.A.4.a.(iv) The average rate shallnotbe basedon anyconsecutive twenty-four month period for which there is inadequate information fordeterminingannual emissions, in tons peryear, andforadjusting this amountif requiredby Section II.A.4.a.(ii). II.A.4.b. Foran existing emissions unit (otherthan an electric utilitysteam generating unit), baseline actual emissions means the average rate, in tons peryear, at which the emissions unitactuallyemitted the pollutant during anyconsecutive twenty-fourmonth periodselectedby the owneroroperatorwithin the ten year periodimmediatelypreceding eitherthe date the owneroroperatorbegins actual construction ofthe project, orthe date 

### a complete permitapplication is received bythe Division for

### a permitrequired underthis PartD, except that the ten year periodshallnotinclude anyperiodearlierthan November 15, 1990. 

### II.A.4.b.(i) The average rate shall include fugitive emissions to the extent quantifiable, andemissions associated with startups, shutdowns, and malfunctions. 

### II.A.4.b.(ii) The average rate shallbe adjusteddownward to exclude anynoncompliantemissions that occurred while the source was operating above an emission limitation that was legallyenforceable during the consecutive twenty-fourmonth period. 

### II.A.4.b.(iii) The average rate shallbe adjusteddownward to exclude any emissions that wouldhave exceededan emission limitation with which the majorstationarysource mustcurrentlycomply, had the major stationarysource been required to comply with such limitations during the consecutive twenty-fourmonth period. However, ifan emission limitation is partof

### a maximum achievable control technologystandard containedin PartE ofRegulation Number8, the baseline actual emissions needonlybe adjustedifthe State has taken creditforsuch emissions reductions in an attainmentdemonstration ormaintenance plan. 

### II.A.4.b.(iv) For

### a regulated NSRpollutant, when 

### a projectinvolves multiple emissions units, onlyone consecutive twenty-fourmonth periodmustbe used to determine the baseline actual emissions forthe emissions units being changed. A different consecutive twenty-fourmonth periodcan be usedforeach regulatedNSRpollutant. 

### II.A.4.b.(v) The average rate shallnotbe basedon anyconsecutive twenty-four month period for which there is inadequate information fordetermining annual emissions, in tons peryear, andforadjusting this amountif required underSections II.A.4.b.(ii) andII.A.4.b.(iii) ofthis part. I/.A.4.c. For

### a newemissions unit, the baseline actual emissions forpurposes of determining the emissions increase that will result from the initialconstruction andoperation ofsuch unitshall equalzero; and thereafter, forall otherpurposes, shall equal the unit'spotential to emit (as defined in Section 

### 1.8.35. ofPartA of this regulation). 

### II.A.4.d. For

### a PAL for

### a majorstationarysource, the baseline actual emissions shallbe calculated forexisting electric utilitysteam generating units in accordance with the procedures containedin Section I/.A.4.a., forotherexisting emissions units in accordance with the procedures containedin Section II.A.4.b., andfor

### a new emissions unitin accordance with the procedures containedin Section II.A.4.c. 

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# t 'II.A.S. Baseline Area II.A.S.a. Any intrastate area (and every part thereof) designated as attainment or unclassifiable under Sections 107(d)(1**)(.Q~)illl** or 

### (€ill)ofthe Federal Act in which the major source or major modification establishing the minor source baseline date would construct orwould have an airquality impactforthe pollutant forwhich the baseline date is established, as follows: equal to orgreater than one microgram/cubic meterill1...Jdg/m3) (annual average) for S02. N02. or PM1 0; or equal to or greaterthan 0.3 ug/m3) (annual average) ofthe pollutant for which the minor source baseline date is establishedfor PM2.5. II.A.S.b. Area redesignations under Section 107(d)(1**)(.Q~)illl** or 

### (€ill)ofthe Federal Act cannot intersect or be smaller than the area of impact ofany major stationary source or major modification that: II.A.S.b.(i) Establishes a minor source baseline date, or II.A.S.b.(ii) Is subject to this Part D, and would be constructed i_n the same state as the state proposing the redesignation. II.A.S.c. Any baseline area established originally forthe total suspended particulate increments shall remain in effect and shall apply for purposes ofdetermining the amount ofavailable PM10 increments, exceptthat such baseline area shall not remain in effect ifthe permit authority rescinds the corresponding minor source baseline date in accordance with Section II.A.25.c. II.A.6. Baseline Concentration The ambient concentration level that exists in the baseline area atthe time ofthe applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: II.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 II.A.6.b. The allowable emissions from major stationary sources that commenced construction before the major source baseline date, butwere not in operation by the applicable minor source baseline date. II.A.6.c. The following will not be included in the baseline concentration and will affectthe applicable maximum allowable increase(s): II.A.6.c.(i) Actual emissions from any major stationary source on which construction commenced afterthe major source baseline date; and II.A.6.c.(ii) Actual emission increases and decreases at any stationary source occurring after the minor source baseline date. II.A.7. Begin Actual Construction Initiation of physical on-site construction activities on an emissions unit thatare of

### a permanent nature. Such activities include, butare notlimited to, installation ofbuilding supporls and foundations, laying ofundergroundpipe work, andconstruction of permanentstorage structures. With respect to 

### a change in the method ofoperation, this term refers to those on-site activities otherthan preparatoryactivities thatmarkthe initiation ofthe change.II.A.8. Best Available Control Technology (BACT) An emission limitation (including a visible emissions standard) based on the maximum degree of reduction ofeach regulated NSR pollutant that would be emitted from any proposed major stationary source or major modification that the Division or Commission, on a case-by-case basis, taking into account energy, environmental, and economic impacts and othercosts, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofsuch pollutant. In no event shall application ofthe best available control technology result in emissions ofany pollutant that would exceed emissions allowed by the applicable standards in the Code of Federal Regulations, Title 40, Parts 60 and 61 (Regulation Number 6, Part A, and Regulation Number8, PartA) as in effect on the effective date ofthis clause, but not including later amendments, unless such amendments are specifically incorporated by reference in accordance with the provisions ofColorado Revised Statutes Section 24-4-103 (12.5). Information as to the availability ofsuch standards may be obtained from the Director, Air Pollution Control Division, Colorado Department of Public 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 of measurement methodology to a particular emissions unit would make the imposition ofan emissions standard infeasible, it may instead prescribe designs, equipment, work practices, operational standards orcombination thereof, to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation ofsuch design, equipment, work practice oroperation and shall provide for compliance by means that achieve equivalent results. II.A.9. Clean Coal Technology Any technology, including technologies applied atthe pre-combustion, combustion, or postcombustion stage, at a new orexisting facility thatwill achieve significant reductions in air emissions ofsulfur dioxide oroxides of nitrogen associated with the utilization ofcoal in the generation ofelectricity, or process steam which was not in widespread use as of November 15, 1990. II.A.10. Clean Coal Technology Demonstration Project A project using funds appropriated underthe heading "Department of Energy-Clean Coal Technology," up to a total amount of$2.5 billion for commercial demonstration ofclean coal technology, or similar projects funded through appropriations forthe U.S. EPA. The federal contribution for a qualifying project shall be at least twenty percent ofthe total cost ofthe demonstration project. II.A.11. Complete In reference to an application for a major NSR permit, an application that contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Division from requesting oraccepting any additional information. II.A.11.a. At a minimum, a complete application for a permitto construct a major source or major modification subject to the requirements ofthis Part D shall include: II.A.11.a.(i) All monitoring data required pursuant to this regulation and an analysis of ambient airquality in accordance with Section VI.A.3. ofthis part; 

# I

r ! 

# t tII.A.11.a.(ii) The impact analysis required by Section VI.A.2. ofthis part, a written summary ofthe data inputsto the model, and a topographic presentation ofthe resultant concentrations ofeach pollutant modeled for each applicable ambient standard or Prevention of Significant Deterioration incrementwithin the impact area ofthe source; II.A.11.a.(iii) A report ofthe regulatory status ofthe model pursuantto Section VIII.A.1. of Part A; II.A.11.a.(iv) A demonstration thatthe proposed technological system ofcontinuous emission reduction that is to be used will enable such source to comply continuously with the standards of performance 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 of performance; II.A.11.a.(v) A description ofthe devices or systems thatwill be installed to monitorthe emissions ofeach pollutant thatwill be emitted in significant amounts, maintaining such devices orsystems, and the schedule and formatfor reporting the results ofsuch emission monitoring to the Division; II.A.11.a.(vi) The additional impact analysis required by Section VI.A.6. ofthis part, any demonstration offacts needed to establish a claim by the applicant to qualify for any exemption orexclusion under Section VI. B. ofthis part; II.A.11.a.(vii) A schedule ofconstruction in accordance with Section III.G.2. of Part 

### B; II.A.11.a.(viii) An additional copy ofthe application forthe federal land manager ofeach affected Class 1 area, for the U.S. EPA, forthe county Commissioner, and for publicnotice (county clerk). Two additional copies shall be submitted for interested public groups. II.A.12. Construction Anyphysicalchange orchange in the method ofoperation (including fabrication, erection, installation, demolition, ormodification ofan emissions unit) that would result in a change in actualemissions II.A.13. Emissions Unit Anypart of

### a stationarysource thatemits orwouldhave the potential to emitanyregulatedNSR pollutantandincludes an electric steam-generating unitas definedin Section /I.A.14. ofthis part. Forpurposes ofthis PartD, there are two types ofemissions units described in Section I/.A.13.a. and II.A.13.b., below. II.A.13.a. A newemissions unitis anyemissions unit thatis (orwill be) newlyconstructed and thathas existedforless than two years from the date such emissions unit first operated. II.A.13.b. An existing emissions unitis anyemissions unit that does notmeet the requirements in Section II.A.13.a., above. A replacement unit (as defined in Section 

### /I.A. 39. ofthis part) is an existing emissions unit. II.A.14. Electric Utility Steam Generating UnitAny steam electric generating unit that is constructed for the purpose ofsupplying more than onethird of its potential electrical output capacity and more than twenty-five megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generatorthatwould produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. II.A.15. Federal Land Manager (FLM) With respect to any lands ofthe United States, the secretary ofthe departmentwith authority over such lands. II.A.16. High Terrain Anyarea having an elevation nine hundred feet ormore above the base ofthe stackof

### a source. II.A.17. Hydrocarbon combustion flare Either

### a flare used to comply with an applicable newsource performance standard ormaximum achievable control technologystandard (including uses offlares during startup, shutdown, or malfunction permitted undersuch standard), or

### a flare thatserves to control emissions ofwaste streams comprisedpredominatelyofhydrocarbons andcontaining no more than 230 mg/dscm hydrogen sulfide. II.A.18. Innovative Control Technology Any system ofair pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous emissions reduction than any control system in current practice orofachieving at least comparable reductions at lower cost in terms ofenergy, economics, or non-air quality environmental impacts. II.A.19. Low Terrain Anyarea otherthan high terrain. II.A.20. Lowest Achievable Emissions Rate (LAER) For any source, the more stringent rate ofemissions based on the following: II.A.20.a. The most stringent emission limit contained in any state implementation plan for such class orcategory ofstationary source, unless the owner oroperator ofthe proposed stationary source demonstrates that such limits are not achievable; or II.A.20.b. The most stringent emission limitation that is achieved in practice orcan reasonably be expected to occur in practice by such class orcategory ofsource, taking into consideration the pollutantthat must be controlled. In no event shall application ofthe term permit

### a proposednewormodifiedstationarysource to emit any pollutant in excess ofthe amount allowable under an applicable new source performance standard (Regulation Number6). II.A.21. MajorEmissions Unit I/.A.21.a. Anyemissions unit that emits orhas the potential to emit one hundred tons per yearormore ofthe PAL pollutantin an attainmentarea; orII.A.21.b. Anyemissions unit thatemits orhas the potential to emitthe PAL pollutantin an amountthatis equal to orgreaterthan the major stationarysource threshold (as defined in Section II.A.24. ofthis part) forthe PAL pollutantfornonattainment areas. Forexample, in accordance with the definition of

### a majorstationary source (as definedin Section II.A.24.ofthispart), an emissions unit wouldbe 

### a majoremissions unitfor volatile organic compounds ifthe emissions unitis locatedin an ozone nonattainmentarea andemits orhas the potential to emit one hundredormore tons ofvocperyear. II.A.22. Major Modification Any physical change in orchange in the method ofoperation of. oraddition to. a major stationary source that would result in a significant net emissions increase ofa regulated NSR pollutant (taking into account all emissions decreases and increases atthe source thatwould accompany the modification) anda significantnetemissions increase ofthatpollutantfrom the major stationarysource. II.A.22.a. Any significantemissions increase from anyemissions units ornet emissions increase ata majorstationarysource that is significant forvolatile organic compounds or NOx shall be considered significant for ozone. II.A.22.b. In the Denver Metropolitan PM10 nonattainment area, any net emission increase that is significant for sulfur dioxide or nitrogen oxides shall be considered significant for PM1 0. II.A.22.c. A physical change orchange in the method ofoperation shall not include routine maintenance, repair, and replacement. II.A.22.d. A physical change orchange in the method ofoperation, unless previously limited by any enforceable orfederally enforceable permit condition that was established afterJanuary 6, 1975 for sources in attainment or unclassifiable areas and after December21, 1976 for sources in nonattainment areas, shall not include: II.A.22.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 underthe Power Plant and Industrial Fuel Use Act of 1978 (or any superseding legislation) or by reason ofa natural gas curtailment plan in effect pursuant to the Federal PowerAct; II.A.22.d.(ii) Use ofan alternative fuel because ofan order or rule under Section 125 ofthe Federal Act; I/.A.22.d.(iii) Use ofan alternative fuel at

### a steam-generating unit to the extent that the fuelis generated from municipalsolid waste II.A.22.d.(iv) Use ofan alternative fuel or raw material that: II.A.22.d.(iv)(A) the stationary source in a nonattainment area was capable ofaccommodating prior to December21, 1976, unless such change would be prohibited under a federally enforceable permit condition, orII.A.22.d.(iv)(B) the stationary source in an attainment or unclassifiable area was capable ofaccommodating prior to January 6, 1975 unless such change would be prohibited under a federally enforceable permit condition, or II.A.22.d.(iv)(C) the source is approved to use under any permit issued underthis Regulation Number 3. II.A.22.d.(v) An increase in the production rate, unless such change would be prohibited undera federally enforceable permit condition; II.A.22.d.(vi) An increase in the hours ofoperation, unless such increase would be prohibited under a federally enforceable permit condition; or II.A.22.d.(vii) Any change in ownership ofa stationary source. II.A.22.d.(viii) The installation, operation, cessation, or removal ofa temporary clean coal technology demonstration project, ifthe project complies with: II.A.22.d.(viii)(A) The Colorado State Implementation Plan, and II.A.22.d.(viii)(B) Other requirements necessary to attain and maintain the National AmbientAir Quality Standards during the project and after it is terminated. II.A.22.d.(ix) For major stationary sources in attainment areas: II.A.22.d.(ix)(A) The installation or operation ofa permanent clean coal technology demonstration project that constitutes re-powering, provided that the project does not result in an increase in the potential to emit ofany regulated pollutant emitted by the unit. The exemption shall apply on a pollutant-by-pollutant basis. II.A.22.d.(ix)(B) the reactivation ofa very clean coal fired electric utility steam generating unit. II.A.22.d.(x) The reactivation ofa very clean coal fired electric utility steam generating unit. II.A.22.e. This definition shallnotapply with respect to 

### a particularregulatedNSR pollutant when the majorstationarysource is complying with the requirements underSection XV. ofthis Part

### 0 for

### a PAL forthatpollutant. Instead, the definition in Section I/.A.30. ofthis partshallapply. II.A.22.f. Emissions caused by indirect sources of pollution, emissions from internal combustion engines on any vehicle, and emissions resulting from temporary construction or exploration activities shall be excluded in determining whether a major modification will occur. Emissions from on-going construction are not considered to be temporary emissions, and are included in determining whether a major modification will occur. Fugitive emissions from the listed sources in Section II.A.24.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. II.A.23. Major Source Baseline Date II.A.23.a. In the case of particulate matterPM10 and sulfur dioxide, January 6, 1975; 

### aOO: II.A.23.b. In the case of nitrogen dioxide, February 8, 1988; and II.A.23.c. In the case of PM2.5. October20, 201Q1. II.A.24. Major Stationary Source II.A.24.a. For the purpose ofdetermining whether a source in an attainment or unclassifiable area is subject to the requirements ofthis Part D, major stationary source means: II.A.24.a.(i) Any ofthe following stationary sources ofair pollutants that emits, or has the potential to emit, one hundred tons per yearor more ofany regulated NSR pollutant: II.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input II.A.24.a.(i)(B) Coal cleaning plants (with thermal dryers) II.A.24.a.(i)(C) Kraft pulp mills II.A.24.a.(i)(D) Portland cement plants II.A.24.a.(i)(E) Primary zinc smelters II.A.24.a.(i)(F) Iron and steel mill plants II.A.24.a.(i)(G) Primary aluminum ore reduction plants II.A.24.a.(i)(H) Primary copper smelters II.A.24.a.(i)(l) Municipal incinerators capable ofcharging more than 250 tons of refuse per day II.A.24.a.(i)(J) Hydrofluoric, sulfuric, and nitric acid plants II.A.24.a.(i)(K) Petroleum refineries II.A.24.a.(i)(L) Lime plants II.A.24.a.(i)(M) Phosphate rock processing plants II.A.24.a.(i)(N) Coke oven batteries II.A.24.a.(i)(O) Sulfur recovery plants II.A.24.a.(i)(P) Carbon black plants (furnace process)II.A.24.a.(i)(Q) Primary lead smelters II.A.24.a.(i)(R) Fuel conversion plants II.A.24.a.(i)(S) Sintering plants II.A.24.a.(i)(T) Secondary metal production plants II.A.24.a.(i)(U) Chemical process plants II.A.24.a.(i)(V) Fossil fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input II.A.24.a.(i)(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels II.A.24.a.(i)(X) Taconite ore processing plants II.A.24.a.(i)(Y) Glass fiber processing plants II.A.24.a.(i)(Z) Charcoal production plants II.A.24.a.(ii) Notwithstanding the stationary source size specified in Section II.A.24.a.(i), any stationary source that emits, or has the potential to emit, two hundred and fifty tons per year or more ofany regulated NSR pollutant. II.A.24.b.Forthe purpose ofdetermining whether a source in a nonattainment area is subjectto the requirements of Section V. ofthis part, and whether a source in an attainment area affecting a nonattainment area is subjectto the requirements of Section VI.D. ofthis part, major stationary source means any stationary source of air pollutants that emits, or has the potential to emit 100 tons per year or more of any regulated NSR pollutant for which the area is nonattainment. Additionally, a source causing orcontributing to a violation ofa national ambient air quality standard for any pollutant regulated under Section 110 ofthe Federal Act shall be considered a major stationary source when it has the potential to emit one hundred tons per year or more ofthat pollutant. The source will be considered to cause or contribute to a violation where the source exceeds the significance levels in the table under Section VI.D.2. ofthis Part D. Such source is subjectto the requirements of Section VI. ofthis Part D. II.A.24.c.Major stationary source includes any physical change thatwould occur at a stationary source not otherwise qualifying as a major stationary source under Sections II.A.24.a and II.A.24.b. ofthis part, ifthe change would constitute a major stationary source by itself. II.A.24.d.A major stationary source that is majorfor volatile organic compounds or NOx shall be considered majorfor ozone, except that emissions of negligibly reactive volatile organic compounds, as defined in the Common Provisions, shall not be included in the determination of major stationary source status for ozone. II.A.24.e.The fugitive emissions ofa stationary source shall not be included in determining for any ofthe purposes ofthis section whether it is a major stationary source, unless the source belongs to one ofthe categories ofstationary sources

### listed in Section II.A.24.a.(i) orany other stationary source category which, as of August 7, 1980, is regulated under Section 111 or 112 ofthe Federal Act. II.A.24.f.Emissions caused by indirect air pollution sources (as defined in Section 1.8.24. of PartA ofthis regulation), emissions from internal combustion engines on any vehicle, and emissions resulting from temporary activities, such as construction orexploration, shall be excluded in determining whether a source is a major stationary source. Emissions from on goingongoing construction are not considered to be temporary emissions and are included in determining whether a major modification will occur. II.A.24.g.A major stationary source in the Denver Metro PM10 attainment/maintenance area that is majorfor sulfurdioxide or nitrogen oxides shall be considered major for PM10. II.A.25. Minor Source Baseline Date II.A.25.a.The earliest date after the trigger date that a major stationary source or a major modification subject to the requirements of Section VI. ofthis Part D submits a complete application underthe relevant regulations. The trigger date is: II.A.25.a.(i) In the case of particulate matterPM10 and sulfur dioxide, August 7, 1977;a.AG II.A.25.a.(ii) In the case of nitrogen dioxide, February 8, 1988; and II.A.25.a.(iii) In the case of PM2.5, October 20. 201G1. II.A.25.b. The baseline date is established for each pollutant forwhich increments orother equivalent measures have been.established if: II.A.25.b.(i) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Sections 1

07(d)(1 

### )(Q8)®or 

### (€ill)ofthe Federal Actforthe pollutant on the date of its complete application under Section VI. ofthis part; and II.A.25.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. II.A.25.c. Any minor source baseline date established originally forthe Total Suspended Particulates increments shall remain in effect and shall apply for purposes of determining the amount ofavailable PM10 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 PM10 emissions. II.A.26. Net Emissions Increase II.A.26.a. With respect to anyregulatedNSRpollutantemittedbya majorstationary source, the amount by which the sum ofthe following exceeds zero: II.A.26.a.(i) The increase in the actual emissions from a particular physical change orchange in the method ofoperation ata stationary sourcecalculatedpursuant to Sections I.A.2. through I.A.3., and 1.8. ofthis Part O;and II.A.26.a.(ii) Any other increases and decreases in actual emissions atthe major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases anddecreases underthisparagraph shallbe determinedasprovidedin the definition ofbaseline actual emissions, exceptthatparagraphs I/.A.4.a.(iii) andII.A.4.b.(iv) ofthis Part0 shall notapply. II.A.26.b. Contemporaneous

- an increase ordecrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within five years priorto the date that the increase from the particularchange occurs. II.A.26.c. An increase ordecrease in actual emissions is creditable only if: II.A.26.c.(i) It occurs within five years before the date that the increase or decrease occurs; and II.A.26.c.(ii) The Division has not relied on it in issuing a permit for the source under Regulation Number 3, orthe U.S. EPA has not relied on it in issuing a permit underTitle I, Part C ofthe Federal Act, which permit is in effectwhen the increase in actual emissions from the particular change occurs; and II.A.26.c.(iii) 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 ordecrease indicating actual emissions (as defined in Section II.A.1. ofthis of part) and the owner oroperator must submit a revised Air Pollutant Emission Notice to the Division within one year after the increase or decrease occurs. or II.A.26.c.(ilijy) The owner oroperator 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 ordecrease; 

### aRfi,. II.A.26.d. In orderto establish a baseline emissions rate, the o•.vner oroperator 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.1. ofthis of part) and the ovmer or operator must submit a revised Air Pollutant Emission Notice to the Division within one year after the increase or decrease occurs, or II.A.26.e.Q. 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 if it is required to be considered in calculating the amount of maximum allowable increases remaining available. With respect to particulate matter, only PM 10 emissions can be used to evaluate the net emissions increase for PM10 and only PM2.5 emissions can be used to evaluate the net emissions increase for PM2.5. II.A.26.fg. An increase in actual emissions is creditable only to the extent that the new level ofactual emissions exceeds the old level. 

# I 

# I



# III.A.26.gf. A decrease in actual emissions is creditable only to the extentthat: II.A.26.gf.(i) The Division has not relied on it in issuing any permit underthis Part D, or has not relied on it in demonstrating attainment or reasonable further progress: II.A.26.gf.(ii) The old level ofactual emissions orthe old level ofallowable emissions, whichever is lower, exceeds the new level ofactual emissions; II.A.26.gf.(iii) It is federally enforceable as a practicalmatterat and afterthe time that actual construction on the particular change begins; and II.A.26.gf.(iv) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and II.A.26.Rg. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unitthat requires shakedown becomes operational only after a reasonable shakedown period, notto exceed one hundred and eighty days. 

### /I.A.26.il1.. Section 

### /I.A. 1.

### a. ofthispartshallnotapplyfordetermining creditable increases anddecreases after

### a change. II.A.26.jl. 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. II.A.26.kj. Creditable Decreases for Fuel Switching. Generally, for credit to be given forthe emissions reduction in potential to emit or actual emissions resulting from a physical change orchange in method of operation ofa major stationary source occurring on or afterthe effective date of this rule, 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 orsource specific state implementation plan revisions. II.A.27. Nonattainment MajorNew Source Review (NSR) Program A majorstationarysource preconstruction permitprogram thathas been approvedbythe Administratorandincorporatedinto this Regulation Number3. Anypermitissued underthe program is 

### a majorNSRpermit. II.A.28. PAL Effective Date Generallymeans the date ofissuance ofthe PAL permit. However, the PAL effective date foran increased PAL is the date anyemissions unit thatispartofthe PAL majormodification becomes operationalandbegins to emit the PAL pollutant.II.A.29. PAL Effective Period The periodbeginning with the PAL effective date and ending ten years later. II.A.30. PAL MajorModification Notwithstanding Sections /I.A.22 and/I.A.26. ofthis PartD (the definitions formajormodification andnetemissions increase), anyphysicalchange in orchange in the methodofoperation ofthe PAL source thatcauses it to emit the PAL pollutantat

### a level equalto orgreaterthan the PAL. II.A.31. PAL Permit The Operating Permitissuedin accordance with this PartD thatestablishes a PAL fora major stationarysource. II.A.32. PAL Pollutant The pollutantfor which 

### a PAL is establishedat

### a majorstationarysource. II.A.33. Plant-wide ApplicabilityLimitation (PAL) An emission limitation expressedin tons peryear, for

### a pollutantat

### a majorstationarysource that is enforceable as

### a practicalmatterandestablishedsource-wide in accordance with Section XV. ofthis PartD. II.A.34. Prevention ofSignificantDeterioration (PSD) Permit Anypermitthat is issued in accordance with Section VI. ofthis PartD. II.A.35. Project A physicalchange in, orchange in the methodofoperation of, an existing majorstationary source. II.A.36. ProjectedActual Emissions I/.A.36.a. The maximum annualrate, in tons peryear, at which an existing emissions unit at

### a majorstationarysource isprojected to emit

### a regulated NSRpollutantin any one ofthe five years (twelve-month period) following the date the unitresumes regularoperation afterthe project, orin anyone ofthe ten years following that date, ifthe projectinvolves increasing the emissions unit's design capacityorits potentialto emitofthatregulated NSRpollutantandfull utilization ofthe unit wouldresultin 

### a significant emissions increase or

### a significantnet emissions increase atthe majorstationarysource. II.A.36.b. In determining the projectedactual emissions underSection II.A.36.a., above, before beginning actualconstruction, the owneroroperatorofthe major stationarysource: II.A.36.b.(i) Shallconsiderall relevantinformation, including butnotlimited to, historicaloperational data, the company's own representations, the company's expectedbusiness activityand the company's highest projections ofbusiness activity, the company's filings with the State or Federal regulatoryauthorities, andcompliance plans; and 

# II/.A.36.b.(ii) Shallinclude fugitive emissions to the extentquantifiable, and emissions associated with startups, shutdowns, andmalfunctions; and I/.A.36.b.(iii) Shall exclude, in calculating anyincrease in emissions thatresults from the particularproject, thatportion ofthe unit's emissions following the projectthat an existing unitcouldhave accommodatedduring the consecutive twenty-fourmonth period used to establish the baseline actual emissions underSection I/.A.4. ofthispartD andthatare also unrelated to the particularproject, including anyincreased utilization due to productdemandgrowth; or, I/.A.36.b.(iv) In lieu ofusing the methodsetoutin Sections II.A.36.b.(i) through I/.A.36.b.(iii), mayelectto use the emissions unit'spotential to emit, in tonsperyear, as defined in Section 1.8.37. ofPartA ofthis regulation. II.A.37. Reactivation ofVery Clean Coal-fired Electric Utility Steam Generating Unit Any physical change orchange in the method ofoperation associated with the commencement of commercial operations by a coal-fired utility unit after a period ofdiscontinued operation where the unit: II.A.37.a. Has not been in operation forthe two year period priorto the enactment ofthe Clean Air ActAmendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emissions inventory atthe time ofthe enactment; II.A.37.b. Was equipped prior to shut-down with a continuous system ofemissions control that achieves a removal efficiency for sulfur dioxide of no less than eighty-five percent and a removal efficiency for particulates of no less than ninety-eight percent; II.A.37.c. Is equipped with low-nitrogen oxide burners priorto the time ofcommencement ofoperations following reactivation; and II.A.37.d. Is otherwise in compliance with the requirements ofthe Federal Act. II.A.38. Regulated NSR Pollutant II.A.38.a. Nitrogen oxides orany volatile organic compound; II.A.38.b. Any pollutantforwhich a national ambientair quality standard has been promulgated; II.A.38.c. Any pollutantthat is a constituent or precursor ofa general pollutant listed under Sections II.A.38.a. or II.A.38.b., above,(e.g. volatile organic compounds and oxides of nitrogen are precursors for ozone) provided that such a constituent or precursor pollutant may only be regulated under NSR as part of regulation of the general pollutant. Precursors forthe purposes of NewSource Review are the following: II.A.38.c.(i) Nitrogen oxides orany volatile organic compound are precursors to II.A.38.c.(ii) Sulfur dioxide is a precursor to PM2.5;II.A.38.c.(iii) Nitrogen oxides are precursors to PM2.5. II.A.38.d. Any pollutant that is subject to any standard promulgated under Section 111 of the Federal Act; II.A.38.e. Any pollutant that otherwise is subject to regulation underthe Federal Act as defined in Section 1.8.44. or PartA; II.A.38.f._ Notwithstanding Sections II.A.38.a. through e. ofthis Part D, the term regulated NSR pollutant shall not include any orall hazardous air pollutants either listed in Section 112 ofthe Federal Act (that have not been delisted pursuant to Section 112(b)(3) ofthe Federal Act) or Appendix B ofthis regulation, unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa general pollutant listed under Section 108 ofthe Federal Act. II.A.38.g. Particulate matter (PM) emissions. PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source oractivity which condense to form particulate matter at ambienttemperatures. On orafterJanuary 1. 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM. PM2.5 and PM1 0 in PSD permits. Compliance with emission limitations for PM. PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit orthe applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis section

.. II.A.39. Replacement Unit An emissions unitfor which all the criteria listed in Sections /I.A.39.a. through /I.A.39.d. are met. No creditable emission reductions shallbe generatedfrom shutting down the existing emissions unit thatis replaced. II.A.39.a. The emissions unitis 

### a reconstructed unit within the meaning ofCode of Federal Regulations Title 40, Section 60.15(b)(1), orthe emissions unit completelytakes the place ofan existing emissions unit. /I.A.39.b. The emissions unitis identical to orfunctionallyequivalent to the replaced emissions unit. /I.A.39.c. The replacement does notalterthe basic design parameters ofthe process unit. /I.A.39.d. The replaced emissions unitis permanentlyremoved from the majorstationary source, otherwise permanentlydisabled, orpermanentlybarred from operation bya permit thatis enforceable as a practicalmatter. Ifthe replaced emissions unitis broughtbackinto operation, itshall constitute 

### a newemissions unit. II.A.40. Repowering II.A.40.a. Replacement ofan existing coal-fired boiler with one ofthe following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative ofone or 

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## 'more ofthese technologies, and any othertechnology capable ofcontrolling multiple combustion emissions simultaneously with improved boiler orgeneration efficiency and with significantly greaterwaste reduction relative to the performance oftechnology in widespread commercial use as of November 15, 1990. II.A.40.b. Repowering shall also include any oil and/or gas-fired unitthat have been awarded clean coal technology demonstration funding as ofJanuary 1, 1991, by the Department of Energy. II.A.40.5 Representative Actual Annual Emissions The average rate, in tons per year, at which the source is projected to emit a pollutant for the two year period after a physical change orchange in the method ofoperation ofa unit. (or a different consecutive two-year period within ten years after the change, where the Division determines that such period is more representative of normal source operations), considering the effect any such change will have on increasing ordecreasing the hourly emissions rate and on projected capacity utilization. In projecting future emissions, the Division shall: II.A.40.5(a) Consider all relevant information, including but not limited to, historical operational data, the company's own representations, filings with the state or federal regulatory authorities, and compliance plans underTitle IVofthe Federal Act; and II.A.40.5(b) Exclude, in calculating any increase in emissions that results from the particular physical change orchange in the method ofoperation at an electric utility steam generating unit, that portion ofthe unit's emissions following the change that could have been accommodated during the representative baseline period and is attributable to an increase in projected capacity utilization atthe unit that is unrelated to the particular change, including any increased utilization due to the rate ofelectricity demand growth forthe utility system as a whole. II.A.41. Secondary Emissions Emissions that occur as a result ofthe construction or operation ofa major stationary source or major modification, but do not come from the major stationary source or major modification itself. Forthe purpose ofthis Part0, secondaryemissions mustbe specific, well defined, quantifiable, andimpact the same generalarea as the stationarysource ormodification thatcauses the secondaryemissions. Secondary emissions include emissions from any offsite support facility thatwould not otherwise be constructed or increase its emissions except as a result ofthe construction oroperation ofthe major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe ofa motorvehicle, from a train, orfrom a vessel. II.A.42. Significant II.A.42.a. Unless the context otherwise requires, , a requires, a significant rate of emissions in tons per year is defined as a value that would equal orexceed any ofthe following: Carbon monoxide: 100 tons per year Nitrogen Oxides: 40 (nitric oxide 

### + nitrogen dioxide) tons peryear Sulfur dioxide: 40 tons peryear

### Particulate matter: 25 tons peryear particulate matter emissions

.. or, 15 tons per year of PM10 emissions PM10- Precursors in the Denver Metropolitan PM10 ROOattainment /maintenance area: 40 tons per year for each individual precursor (nitrogen oxides orsulfur oxides) PM2.5: 10 tons per year ofdirect PM2.5 emissions: 40 tons peryear ofsulfur dioxide emissions; or40 tons peryear of nitrogen dioxide emissions Ozone: 40 tons peryear ofvolatile organic compounds or**~nitrogen** 

### oxides Lead: 0.6 tons peryear Fluorides: 3 tons per year Sulfuric acid mist: 7 tons peryear Hydrogen sulfide: 10 tons peryear Total reduced sulfur (including hydrogen sulfide): 10 tons per year Reduced sulfur compounds (including hydrogen sulfide): 10 tons per year Municipal Waste Combustor Organics (measured as total tetra- through actachlorinated 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 peryear (15 tons per year) Municipal Waste CombustorAcid Gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons peryear) Municipal Solid Waste Landfill Gases (measured as non-methane organic compounds): 45 megagrams peryear (50 tons peryear) II.A.42.b. Significant means, in reference to a net emissions increase orthe potential ofa source to emit a regulated NSR pollutant that this definition does not list, any emissions rate, except that this definition shall not apply to hazardous air pollutants listed in or pursuant to Section 112 ofthe Federal Act. II.A.42.c. Notwithstanding the significant emission rates above, significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification, that would construct within ten kilometers ofa Class I area, and have an impact on such area equal to orgreaterthan one microgram/cubic meter ((g/m3 ) (twenty-four hour average). II.A.43. SignificantEmissions Increase For

### a regulated NSRpollutant, an increase in emissions thatis significant (as definedin Section 

### /I.A. 42. ofthis PartD) forthatpollutant. 

### II.A.44. Significant Emissions UnitAn emissions unit thatemits orhas the potential to emit

### a PAL pollutantin an amount thatis equal to orgreaterthan the significantlevel (as definedin Section II.A.42. ofthis Part0 orin the FederalAct, whicheveris lower) forthat PAL pollutant, butless than the amount that would qualifythe unitas

### a majoremissions unit (as definedin Section II.A.21. ofthis part). II.A.45. Small Emissions Unit An emissions unit that emits orhas the potential to emitthe PAL pollutantin an amountless than the significantlevel forthat PAL pollutant (as definedin Section 

### /I.A. 32. ofthis Part 0 orin the FederalAct, whicheveris lower). II.A.46. Temporary Clean Coal Technology Demonstration Project A clean coal technology demonstration projectthat is operated for a period offive years or less, and that complies with the state implementation plan and other requirements necessary to attain and maintain the National AmbientAir Quality Standards during the project and after it is terminated. 

### Ill. Permit Review Procedures Ill

### .A Major stationary sources subject to the requirements ofthis Part D must apply for and obtain a Construction Permit in accordance with the procedures and requirements in Part B oran Operating permit in accordance with the procedures and requirements in Part C. Ill.B. The Division shall complete the processing ofapplications (including any requested public hearing) for sources subject Section.§ VI. and VII. ofthis Part D within twelve months of receipt of a complete application. 

### IV. Public Comment Requirements IV

### .A When public comment is required, orwhen the Division determines that an application warrants public comment in accordance with Section III.C.3. of Part B ofthis regulation, the Division shall, within fifteen calendar days after the preparation ofthe preliminary analysis, cause public notice ofthe application to be published in a newspaper ofgeneral distribution in the area in which the proposed project oractivity is orwill be located, and by such other means as necessaryto 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 permitto be filed with the county clerk for each county in which the source is, orwill be, located. The Division shall send written orelectronic notice to persons requesting a notice of permit applications for the type ofsource orgeographic area. IV.A.1. For sources subject to the provisions of Sections V. and VI. ofthis part, a copy ofall the materials the applicant submitted, and a copy orsummary ofother materials, ifany, 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 of Sections V. and VI., a copy ofthe written orelectronic notice of public comment shall be sent to the applicant, the U.S. EPAAdministrator, and to officials and agencies having cognizance overthe 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 or modification. IV.A.2. Additionally, for permit applications subjectto 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 if proposed by the applicant and that a hearing by the Commission will be held on such system if requested by any interested person; IV.A.2.b. That comments are solicited on the air quality impacts ofthe source or modification; IV.A.2.c. That comments are solicited on alternatives to the source or modification; IV.A.2.d. That any interested person may submit a written request for a public comment hearing to be held pursuant to Section 1.7.0. ofthe Commission's procedural rules to receive comments regarding the foregoing concerns, the sufficiency of the preliminary analysis, and whether the Division should approve or deny the permit application; and IV.A.2.e. The degree of increment 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 applicantwritten notice ofthe applicant's right to a public comment hearing 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. 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 permit application, the preliminary analysis, the draft permit, and any written comments received by the Division within five days after the end ofthe thirty-day comment period. At leastthirty days priorto the date set forthe public comment hearing, the notice of public comment hearing, the preliminary analysis and the draft permit shall be posted on the Division's web site. No substantive revisions shall be made to the draft permit during the thirty days prior to the public comment hearing. IV.A.6. The Commission shall hold a public comment hearing within sixty days of its receipt of the request for such hearing pursuant to Section IV.A.2. ofthis Part D (unless such greatertime is agreed to by the applicant and the Division), but at least sixty days after receipt by any Federal Land Manager of notice and the permit application required pursuant to Section XIII.A. ofthis Part D. The Division shall appear atthe public comment hearing in order to present the permit application. At leastthirty days priorto 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 XIII.A., printed in a newspaper ofgeneral distribution in the area ofthe proposed source or modification, and submitted for public review with the county clerk for each county in which the source or modification is orwill be located. Except as provided herein and in the notice, such 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 24-4-101 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 preconstruction information was made available. 

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### 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 permit if it determines that the following conditions in Sections V.A.1. through V.A.6., as well as those in Section III.D.1. of Part B ofthis regulation, will be met: V.A.1. The proposed source will achieve the lowest achievable emission rate forthe 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, ora federally enforceable compliance schedule. V.A.3. Priorto the date ofcommencement ofoperations, the ratio oftotal actual emission reductions compared to the emissions increase (offsets) shall be at least greaterthan one for one (1: 1 ). unless an alternative ratio is provided forthe applicable nonattainment**ar~a** as identified in Section V.A.3.a

.. below. V.A.3.a. Offset Ratios V.A.3.a(i) Forozone nonattainment areas. that are subject to Subpart 2. Part D. Title 1 ofthe Federal Act. the offset ratio oftotal actual emission reductions ofVOC tothe emissions increase ofVOC shall be as followsdepends on EPA's categorical designation ofthe nonattainment area: V.A.3.a(i)(a) Marginal or not otherwise designated by EPAin any marginal nonattainment area for ozone - at least 1.1:1: V.A.3.a(i)(b) Moderate- at least 1.15:1: V.A.3.a(i)(c) Serious- at least 1.2:1: V.A.3.a(i)(d) Severe- at least 1.3:1; or V.A.3.a(i)(e) Extreme- at least 1.5:1. V.A.3.a.(ii) ForaRVall ozone nonattainment areas that are not designated as serious. severe orextreme. within anareas within an ozone transport region that is subjectto Ssubpart 1. @Part D. tTitle 1 ofthe Federal Act and that are not designated as serious. severe orextreme and are subject to Subpart 1. Part D. Title 1 ofthe Federal act- at least 1.15:1. V.A.3.a.(iii) For any other nonattainment area the offset ratioozone nonattainment areas that are subjectto Subpart 1. Part D. Title 1 ofthe Federal Act. including 8-hour ozone nonattainment areas subjectto [40 CFR. Part 51. Section 51.902(b)J. the ratio oftotal actual emissions reductions ofVOC to the emissions increase ofVOC shall-fFIYSt be at least 1.1:1.1V.A.3.b. Offsets must be obtained from existing sources (whether or not underthe same ownership) 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 other new and existing sources ofemissions. In addition, offsets for PM10-,PM2.5. sulfur oxides, and carbon monoxide must show, through atmospheric modeling, a positive net air quality benefit in the area affected by the emissions. Provided, however, that offsets meeting the requirements of this Section V.A.3. may also be obtained from existing sources outside the nonattainment area ifthe applicant demonstrates: V.A.3.a.Q.ffi A greater air quality benefit may thus be achieved, orsufficient offsets are not available from sources within the nonattainment area; and V.A.3.b.fillThe other area has an equal or higher nonattainment classification than the area in which the source is located; and V.A.3.G.Q.@ Emissions from such other area contribute to a violation ofthe National AmbientAir Quality Standard in the nonattainment area in which the source is located. V.A.3.a.Q

.

### .{jy} With respect to offsets obtained from outside the nonattainment area, the Division may increase the ratio ofthe required offsets to new emissions the greaterthe distance such offsets are from the newor modified source. V.A.3.c. Offsets must be forthe same regulated NSR pollutant. exceptthat offset requirements for direct PM2.5 emissions or PM2.5 precursors may be satisfied by offsetting reductions in direct PM2.5 emissions oremissions ofany PM2.5 precursor identified under Section II.A.38. of Part D. V.A.4. _The permit application shall include an analysis ofalternative sites, sizes, production processes and environmental control techniques for such proposed source that demonstrates that benefits ofthe proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. VAS. Offsets for which emission reduction credit is taken must be enforceable through permit conditions or source specific state implementation plan revisions. V.A.6. The applicant will demonstrate that emissions from the proposed source will not adversely impactvisibility 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 grantthe 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 XII

### .A ofthis Part D. The demonstration will be performed using either techniques described in the latestversion ofthe U.S. EPA document entitled "Workbook for Estimating Visibility Impairment" orothertechniques approved by the Division. V.A.7. Applicability ofCertain NonattainmentArea Requirements V.A.7.a. Any major stationary source in a nonattainment area is subject to the requirements of Section V.A. ofthis Part D. 

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!.V.A.7.b. The requirements of Section V.A. shall apply at such time that any stationary source or modification becomes a major stationary source or major modification solely by virtue ofa relaxation in any enforceable limitation thatwas established afterAugust 7, 1980 on the capacity ofthe source or modification to otherwise emit a pollutant, such as a restriction on hours ofoperation. V.A. 7.c. The following provisions applyto projects atexisting emissions units at

### a major stationarysource (otherthan projects at

### a source with 

### a PAL) in circumstances where there is 

### a project thatis not

### a partof

### a majormodification and the owneror operatorelects to use the methodspecifiedin Sections II.A.36.b.(i) through I/.A.36.b.(iii) ofthis PartD forcalculatingprojectedactual emissions. V.A. 

### 7.c. (i) Before beginning actualconstruction ofthe project, the owneror operatorshalldocument andmaintain 

### a record ofthe following information: V.A. 7.c. (i)(A) A description ofthe project; V.A. 

### 7.c. (i)(B) Identification ofthe emissions unit(s) whose emissions of

### a regulated NSRpollutantcouldbe affectedbythe project; and V.A. 

### 7.c. (i)(C) A description ofthe applicabilitytest used to determine that the projectis not

### a majormodification foranyregulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amountofemissions excluded under Section /I.A. 36.b. (iii) ofthis part andan explanation for whysuch amount was excluded, and anynetting calculations, ifapplicable. V.A. 7.c. (ii) Ifthe emissions unitis an existing electric utilitysteam generating unit, before beginning actualconstruction, the owneroroperatorshallprovide 

### a copyofthe information setoutin Section V.A. 7.c. (i) to the Division. Nothing in this Section V.A. 7.c.(ii) shallbe construed to require the owneroroperatorofsuch 

### a unit to obtain anydetermination from the Division before beginning actualconstruction. V.A. 7.c. (iiij The owneroroperatorshall monitorthe emissions ofanyregulated NSRpollutant thatcouldincrease as

### a result ofthe projectand thatis emittedbyanyemissions units identifiedin Section V.A. 7.c.(i)(B); and calculate andmaintain 

### a record ofthe annual emissions, in tons peryear on 

### a calendaryearbasis, for

### a periodoffive years following resumption ofregularoperations afterthe change, orfor

### a period often years following resumption ofregularoperations afterthe change ifthe project increases the design capacityorpotential to emit ofthatregulated NSR pollutantatsuch emissions unit. V.A. 7.c. (iv) Ifthe unitis an existing electric utilitysteam generating unit, the owneroroperatorshall submit

### a report to the Division within sixtydays afterthe endofeach yearduring which records mustbe generatedunder Section V.A. 7.c.(iii) setting outthe unit's annualemissions during the calendaryearthatprecededsubmission ofthe report. V.A. 7.c. (v) Ifthe unitis an existing unit otherthan an electric utilitysteam generating unit, the owneroroperatorshallsubmit

### a report to the Division ifthe annual emissions, in tons peryear, from the project identifiedin Section V.A. 7.c.(i), exceed the baseline actual emissions (as

### VI. documentedandmaintainedpursuantto Section V.A. l.c.(i)(C)) by

## a significantamount (as definedin Section I/.A.42. ofthis part) forthat regulatedNSRpollutant, andifsuch emissions differfrom the preconstructionprojection as documentedandmaintainedpursuantto Section V.A. l.c.(i)(C). Such reportshallbe submitted to the Division within sixtydays afterthe end ofsuch year. The reportshallcontain the following: V.A. 

### 7.c. (v)(A) The name, address and telephone numberofowneror operatorofthe majorstationarysource; V.A. l.c.(v)(B) The annual emissions as calculatedpursuant to Section V.A. l.c. (iii); and V.A. l.c.(v)(C) Anyotherinformation that the owneroroperatorwishes to include in the report (e.g., an explanation as to why the emissions differfrom the preconstruction projection). V.A. l.d. The owneroroperatorofthe source shallmake the information required to be documentedandmaintainedpursuant to Section V.A. l.c. available forreview upon request forinspection bythe Division orthe generalpublic. V.A.8. Exemptions from certain nonattainment area requirements: V.A.8.a. The following are exemptfrom the major stationary source criteria of Section V.A.3. ofthis part. V.A.8.a.(i)(A) Portable sources that will relocate outside a nonattainment area in less than one year. V.A.8.a.(i)(B) Each pilot plant that operates an aggregate of less than six months. V.A.8.a.(i)(C) Construction phases ofa new or modified building, facility, structure, or installation. These may, atthe discretion ofthe Division, exceed a period ofone year. Y.A.8.a.(i)(D) Othertemporary processes oractivities of less than one year in duration. V.A.8.a.(i)(E) Sources undergoing fuel switches as required by federal order ifthe Division determines that: V.A.8.a.i(E)(1) The applicant has used best efforts in seeking the required emission offsets but was unsuccessful; V.A.8.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. Requirements applicable to attainment and unclassifiable areas and pollutants implemented under Section 110 ofthe Federal Act (Prevention ofSignificant Deterioration Program). i,

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# IVI.A. Major Stationary Sources and Major Modifications. The requirements ofthis Section VI. shall apply to any major stationary source and any major modification with respectto each pollutant regulated underthe Act and the Federal Actthat it would emit, except as this Regulation Number 3 would otherwise allow. Forany new major stationary source or major modification proposing to construct in any area in Colorado designated under Section 107 (d) ofthe Federal Act as attainment or unclassifiable for any criteria pollutant as ofthe date ofsubmittal ofa complete application underthis Regulation Number 3, orfor pollutants implemented under Section 110 ofthe Federal Act, the Division shall grant a permit if it determines that the following requirements, in addition to those in Section III.D.1. of Part B ofthis regulation, have been orwill be met: VI.A.1. Control Technology Review. VI.A.1.a. A new major stationary source shall apply BestAvailable Control Technology for each pollutant regulated underthe Act or Federal Actthat itwould have the potential to emit in significant amounts. VI.A.1.b. A major modification shall apply best available control technology for each pollutant regulated underthe Act or Federal Act for which there would be a significant net emissions increase atthe source. This requirement applies to each proposed emissions unit atwhich a net emissions increase in the pollutant would occur as a result ofa physical change orchange in the method of operation ofthe unit. VI.A.1.c. For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate for phases that commence construction more than 18 months afterthe initial granting ofthe permit atthe latestreasonable time which occurs no laterthan eighteen months priorto commencement ofconstruction ofeach independentphase ofthe project. The review will be conducted in a timely mannerthatwill allow the owneror operator to 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 of best available control technology for the source. VI.A.2. Source ImpactAnalysis. The owner or operator ofthe proposed source or modification shall demonstrate to the Division that allowable emission increases from the proposed source or modification in conjunction with all other applicable emissions increases or reductions (including secondary emissions) will not cause orcontribute to concentrations ofair pollutants in the ambient air in violation ofeither Section VI.A.2.a. or b

.. as clarified for any relevant air pollutant. in Section VI.A.2.c.: VI.A.2.a. Any state or national ambient air quality standard in any baseline area orair quality control region,;_Q[

7-Gf 

### ' VI.A.2.b. Any applicable maximum allowable increase overthe baseline concentration in any area. VI.A.2.c. Forthe purposes of PM2.5. this demonstration is deemed to have been made if the emission increase from the newstationary source alone orfrom the

### modification alone_would cause. in all areas. air quality impacts less than the following amounts:

Pollutant Averaging Class I area Class II area Class Ill area Time PM2.5 Annual 0.06 ua/m3 

### 0.3 ua/m3 

### 0.3 ua/m3 

### 24-hr 0.07 ua/m3 

### 1.2 ua/m3 

### 1.2 ua/m3



### VIA3. Pre-construction Monitoring and Analysis VIA3.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 underthe Act or Federal Act that the source or modification would emit or have the potential to emit in a significant amount, or forwhich there would be a significant net emissions increase. VIA3.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 pollutantwould affect VIA3.c. With respect to any such pollutant for which a national ambient air quality standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat pollutant would cause orcontribute to a violation ofthe applicable standard orany maximum allowable increase. VIA3.d. In general, the continuous air quality monitoring data that are required under Section VIA3.c., or the pre-application monitoring ofair quality related values required by Section XIII.B. ofthis part, shall have been gathered over a period of one year and shall represent the year preceding receipt ofthe application, except that, ifthe Division determines 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 datathat are required shall have been gathered over at least that shorter period. VI.A.3.e. 

### The owner or operator ofa proposed major stationary source or major modification ofvolatile organic compounds who satisfies all conditions ofthe Code 

### of Federal Regulations Title 40, Part 51, Appendix S, Section IV. (but not including conditions resulting from amendments after July 1, 1991 and not including Section IV. B. ofAppendix S) may provide post-approval monitoring data for ozone in lieu of providing pre-construction data as required under Section VIA3.a. (Information on obtaining the Code of Federal Regulations Title 40, Part 51, Appendix S, Section IV. is available from the Director, Air Pollution Control Division, 4300 Cherry Creek Drive South, Denver, Colorado, 80246- 1530.)VI.A.4. Post-Construction Monitoring. At its discretion, the Division may require thatthe owner or operator ofa major stationary source or major modification conduct post-construction 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 determine the effect emissions from the stationary source or modification have, or may have, on air quality in any area. The monitoring ofair quality related values or sensitive receptors required by Section XIII.B. ofthis part, shall be for such time as is necessary to determine the effect emissions from the source or modification will have on the air quality related values orsensitive receptors.

___Post-construction monitoring requirements will be permit conditions. VIAS. Operation of Monitoring Stations. The owner oroperator ofa major stationary source or major modification shall use the U.S. EPA accepted procedures for ambient monitoring as approved by the Division during the operation of monitoring stations for purposes of satisfying the requirements of Sections VI.A.3. and VI.A.4., above. VI.A.6. Additional ImpactAnalysis. For each pollutant that is regulated underthe Act orthe Federal Act, and forwhich the source or modification would emit in significantamounts (as defined in Section I/.A.42. ofthis part) orfor which there would be a significant net emissions increase, the owner oroperator shall provide an analysis ofthe impairmentto visibility, water, soils, and vegetation thatwould 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 of impairment to waterwill not be used in the determination of best available control technology. The owner or operator need not 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 XIII.B. ofthis part, if applicable. The owner oroperator shall provide an analysis ofthe air quality impact projected forthe 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 of Section VI.A. do notapply to a major stationary source or major modification with respect to a particular pollutant ifthe owner oroperatordemonstrates that, as to that pollutant: VI.B.1.a. The source or modification is subject to Part 3 ofthe Act and Section V. ofthis part, and the source or modification would not impact any area designated as attainment or unclassifiable for that pollutant; or VI.B.1.b. The emissions from the source or modification would not be significant; or VI.B.1.c. The source or modification is a portable stationary source that has previously received a permit under requirements equivalent to those contained in Section VI.A. ofthis part if: VI.B.1.c.(i) The source proposes to relocate and emissions ofthe source atthe new location would be temporary; VI. B.1.c.(ii) The emissions from the source would not exceed its allowable emissions;VI.B.1.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.1.c.(iv) Reasonable notice identifying the proposed new location and the probable duration ofoperation atthe new location and a revised Air Pollutant 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 differenttime 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: VI.B.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 orexploration, and would not have an impact on air quality in any Class I area or an area where an applicable increment is known to be violated; or VI.B.2.b. As they relate to any maximum allowable increase for a Class II area, to a modification ofa major stationary source that was in existence on March 1, 1978, ifthe net increase in allowable emissions ofeach pollutant subjectto regulation, excluding GHG, underthe Act from the modification afterthe application of best available control technology would be less than fifty tons peryear. VI.B.3. The Division may exempt a proposed major stationary source or major modification from the requirements of Sections VI.A.3. through VI.A.5. ofthis part, with respect to monitoring for a particular pollutant if: VI.B.3.a. The emissions ofthe pollutant from the newstationary source orthe net emissions increase ofthe pollutant from the modification would cause air quality impacts, in any area, less than the following: VI.B.3.a.(i) Carbon monoxide

- 575 1Jg/m3

, 8-hour average; VI.B.3.a.(ii) Nitrogen dioxide

- -I4-H._1Jg/m3

, annual average; VI.B.3.a.(iii) Particulate Matter- 10 1Jg/m3 total suspended particulate matter, 

### 24 hour average; PM1 0

-- 10 1Jg/m3

, 24-hour average; PM2.5- 4 ug/m3

, 24- hour average; VI.B.3.a.(iv) Sulfur dioxide -l3-Q1Jg/m3

, 24-houraverage; VI.B.3.a.(v) Lead- OJ-1.1Jg/m3

, 3-month average; VI.B.3.a.(vi) Fluorides- 0.25 1Jg/m3

, 24-hour average; VI.B.3.a.(vii) Total reduced sulfur- 

### -IG-.1Q_1Jg/m3

, 11-hour average; VI.B.3.a.(viii) Hydrogen sulfide- 0.2 1Jg/m3

, 11-hour average; VI.B.3.a.(ix) Reduced sulfur compounds- 

### -IG-.1Q_1Jg/m3

, 11-hour average; or VI.B.3.b. The existing concentrations ofthe pollutant in the area that the source or modification would affect are less than the concentrations listed in this section; orVI.B.3.c. For ozone, the emissions increase or net emissions increase ofvolatile organic compounds or nitrogen oxides from the source or modification would be less than 100 tons peryear; or VI.B.3.d. The pollutant is not referred to in this section Section VI.B.3.a.; or VI.B.3.e. The source or modification was subjectto Section VI.. with respect to PM2.5. as in effect before July 15. 2008. and the owner oroperator submitted an application for a permit underthis Section VI

### .A. of Part D before that date consistentwith EPA recommendations to use PM10 as a surrogate for PM2.5, and the Division subsequently determines that the application as submitted was complete with respect to the PM2.5 requirements then in effect. as interpreted by EPA in the memorandum entitled "Interim Implementation of New Source Review Requirements for PM2.5" (October 23. 1997). Instead. the requirements of Section VI

### .A. ofthis Part D. as interpreted in the aforementioned memorandum. that were in effect before July 15. 2008 shall apply to such source or modification. 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 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. VI.B.5. The following provisions applyto projects atexisting emissions units ata majorstationary source (otherthan projects at

### a source with 

### a PAL) in circumstances where there is 

### a project thatis not

### a partof

### a majormodification and the owneroroperatorelects to use the methodspecifiedin Sections II.A.36.b.(i) through II.A.36.b.(iii) ofthis PartD for calculatingprojectedactual emissions. VI.B.S.a. Before beginning actualconstruction ofthe project, the owneroroperatorshall documentandmaintain 

### a record ofthe following information: VI.B.

### S.a.

### (i) A description ofthe project; VI.B.S.a.(ii) Identification ofthe emissions unit(s) whose emissions of

### a regulated NSRpollutantcouldbe affectedbythe project; and VI.B.

### S.a. (iii) A description ofthe applicabilitytest used to determine that the projectis not

### a majormodification foranyregulated NSRpollutant, including the baseline actual emissions, the projectedactualemissions, the amountofemissions excluded underSection /I.A. 36.b. (iii) ofthis part, andan explanation for whysuch amount was excluded, andany netting calculations, ifapplicable. VI.B.S.b. Ifthe emissions unitis an existing electric utilitysteam-generating unit, before beginning actualconstruction, the owneroroperatorshallprovide 

### a copyofthe information setoutin Section VI. B.

### 5.a. to the Division. Nothing in this Section VI.B.S.b. shallbe construed to require the owneroroperatorofsuch 

### a unit to obtain anydetermination from the Division before beginning actualconstruction. VI. B.

### S.c. The owneroroperatorshallmonitorthe emissions ofanyregulated NSR pollutant thatcouldincrease as

### a result ofthe projectand thatis emittedbyany emissions unitidentifiedin Section VI.B.S.a.(ii); andcalculate andmaintain 

### a record ofthe annual emissions, in tons peryearon a calendaryearbasis, foraperiodoffive years following resumption ofregularoperations afterthe change, orfor

### a periodoften years following resumption ofregularoperations afterthe change ifthe projectincreases the design capacityorpotential to emit ofthat regulated NSRpollutantatsuch emissions unit. VI.B.5.d. Ifthe unitis an existing electric utilitysteam generating unit, the owneror operatorshallsubmit

### a report to the Division within sixtydays afterthe end of each yearduring which records mustbe generated underSection VI. B. 5.c. setting out the unit's annualemissions during the calendaryearthatpreceded submission ofthe report. VI. B.5. e. Ifthe unitis an existing unitotherthan an electric utilitysteam-generating unit, the owneroroperatorshallsubmit

### a report to the Division ifthe annual emissions, in tonsperyear, from the projectidentified in Section VI.B.5.a. exceed the baseline actual emissions (as documentedandmaintainedpursuant to Section VI.B.5.a.(iii)) by

### a significantamount (as definedin Section II.A.42. ofthis part) forthatregulated NSRpollutant, andifsuch emissions differfrom the preconstruction projection as documentedandmaintainedpursuant to Section VI.B.5.a.(iii). Such reportshallbe submitted to the Division within sixtydays after the end ofsuch year. The reportshallcontain the following: VI.B.5.e.(i) The name, address and telephone numberofthe majorstationary source; VI.B.5.e.(ii) The annualemissions as calculatedpursuant to Section VI.B.5.c.; and VI. B.5. e. (iii) Anyotherinformation that the owneroroperatorwishes to include in the report (e.g., an explanation as to why the emissions differfrom the preconstructionprojection). 

### VI.B.6. The owneroroperatorofthe source shallmake the information required to be documentedandmaintainedpursuant to Section VI.B.5. available forreview upon request forinspection by the Division orthe generalpublic. 

### VI.B.7. A stationary source or modification may apply the applicable maximum allowable increases for total suspended particulate matter as in effect on the date ofthe permit application, in meeting the requirements of Section VI.A.2. ofthis part, if the following requirements are met: VI.B.7.a. The owner or operator ofthe source or modification submitted an application for a permit under Regulation Number 3 before the provisions for maximum allowable increases for PM10 took effect; and VI.B.7.b. The Division determines that the application as submitted, before the date that the maximum allowable increases for PM10 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 permit application relating to a major stationary source or major modification subject to this regulation, and provide notice ofevery action related to the consideration ofsuch permit. VI.D. Major Stationary Sources in attainment areas affecting nonattainment areas.

# I VI.D.1. For any new major stationary source or major modification that is proposed to be constructed in an area designated under Section 107(d) ofthe Federal Act as attainment or unclassifiable for a particular pollutant and the emissions ofsuch pollutantfrom which would significantly affect ambient air quality in an area designated as nonattainmentfor such pollutant, the Division shall grant a permit if it determines that one or both ofthe following conditions, as well as those in Section III.D.1. of Part 8 and Section VI.A. ofthis Part Dwill be met: VI.D.1.a. The proposed source or modification will meetthe requirements of Sections V.A.1. and V.A.2. ofthis part, and obtain sufficient emission reductions ofsuch pollutant in the nonattainment area to offsetthat portion of its emissions ofsuch pollutant that affectthe nonattainment area. Offsets may be obtained from outside the nonattainment area as provided in Section V.A.3. ofthis part; or VI.D.1.b. The proposed source or modification will achieve an emissions rate that will ensure that the emissions ofsuch pollutant from the source or modification will not significantly affect ambient air quality in the nonattainment area. VI.D.2. Ambient air quality will be deemed to be significantly affected if, butfor any offsets, the applicable significance level setforth in the following table would be exceeded in the nonattainment area. TABLE OF SIGNIFICANCE LEVELS Pollutant Averaging Time Annual 24-Hour 8-Hour 3-Hour 1-Hour so2 1.0 J..lg/m3 5 J.Jg/m3 25 J..lg/m3 PM10 1.0 J..lg/m3 5 J..lg/m3 PM2.5 0.3 ua/m3 1.2 ua/m3

N02 1.0 JJQ/m3

co 500 J,Jg/m3 2000 J.Jg/m3

VI.D.3. Any new major stationary source or major modification subject to this section thatwill emit orcause a net emissions increase in volatile organic compounds or oxides of nitrogen shall demonstrate to the satisfaction ofthe Division that its emissions will not affect any ozone nonattainment area orshall obtain offsets as required in Section VI.D.1., above. VI.D.4. Emission offsets for PM10, 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. 

### VII. Negligibly Reactive Volatile Organic Compounds (NRVOCs) VII.A. The negligibly reactive volatile organic compounds referenced in the Common Provisions definition of negligibly reactive volatile organic compounds are considered to be of negligible photochemical reactivity and are neithercounted 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 orothervolatile organic compound emissiontrading credits againstvolatile organic compounds not listed in the common provisions negligibly reactive volatile organic compound definition. VII.B. Negligibly reactive volatile organic compounds may be substituted for volatile organic compounds and the resulting decrease in volatile organic compound emissions, ifotherwise creditable, may be used for offset, banking orother emission trading credit. 

### VIII. Area Classifications VIllA The following areas in Colorado shall be Class I areas and may not be redesignated: VIII.A.1.National Parks VIII.A.1.a. Rocky Mountain VIII.A.1.b. Mesa Verde VIII.A.2. National Wilderness Areas VIII.A.2.a. Black Canyon ofthe Gunnison VIII.A.2.b. Eagle's Nest VIII.A.2.c. Flattops VIII.A.2.d. Great Sand Dunes VIII.A.2.e. La Garita VIII.A.2.f. Maroon Bells- Snowmass VIII.A.2.g. Mount Zirkel VIII.A.2.h. Rawah VIII.A.2.i. Weminuche VIII.A.2.j. West Elk VIII.B. All other areas ofColorado, unless otherwise specified by Act ofCongress orthe Colorado legislature, orthe Commission pursuant to Section IX. are designated Class II; provided, however that in the following areas as they existed on August 7, 1977 (maps available from the Division), the increase allowed in sulfur dioxide concentrations overthe baseline concentration shall be the same as the increase established by Section 163(b) ofthe Federal Act for Class I areas, except that such allowable increases may not be allowed ifa Federal Land Managershould make an adverse impact determination under Section XIII.C. with which the Division concurs and except that such allowable increases, may be exceeded by compliance with the provisions of Sections XIII.D., XIII.E., orXIII.F.: VIII.B.1. National Monuments VIII.B.1.a. Florissant Fossil Beds VIII.B.1.b. ColoradoVIII.B.1.c. Dinosaur VIII.B.1.d. Great Sand Dunes (those portions not included as National Wilderness Areas in Section VIII.A.2.) VIII.B.2. Forest Service Primitive Areas VIII.B.2.a. Uncompahgre Mountain VIII.B.2.b. Wilson Mountain VIII.B.3. Lands administered by the Federal Bureau of Land Management in the Gunnison Gorge Recreation Area as ofOctober 27, 1977. All areas designated Class II underthis section may be redesignated as provided in Section IX. ofthis part. VIII.B.4.National Parks Black Canyon ofthe Gunnison (those portions not included as National Wilderness Areas in Section VIII.A.2.) VIII.C. The following areas may be redesignated only as Class I or II. VIII.C.1. 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 VIII.C.2. A national park or national wilderness area established afterAugust 7, 1977, that exceeds ten thousand acres in size. VIII.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 notviolate any standard in these areas. 

### IX. Redesignation IX.A. Except as otherwise provided in this section or Section VIII. ofthis part, the Commission may redesignate any area in Colorado as Class I, Class II orClass Ill as herein provided. The Commission will provide notice to the General Purpose Unit of local government in an area where the maximum allowable increase is being approached. IX.B. The Commission shall review and consider a request for redesignation by any person. IX.C. The Commission shall not set a hearing date on a proposed redesignation until the following have been completed: IX.C.1. A complete description ofthe area proposed for redesignation; IX.C.2. A detailed statement ofthe circumstances that support the proposed redesignation; IX.C.3. A prediction ofthe costs and benefits forthe affected population from the proposed redesignation; IX.C.4. A technical analysis ofexpected impacts on ambient air quality in adjacent or nearby areas;

### IX.C.5. Comments, or evidence ofan opportunity for submission ofcomments, by all appropriate regional planning agencies and councils ofgovernment organizations, affected municipalities and other affected political subdivisions; and IX.C.6. An analysis ofthe relationship ofthe proposed redesignation with applicable county or regional development plans, including but not limited to, comprehensive area wide plans and 208 water quality plans. IX.D. The Commission shall provide sixty day notice priorto a public hearing, including notice to other states, Indian governing bodies and Federal Land Managers whose lands may be affected by a proposed redesignation, ofany proposed redesignation, and conduct public hearings on such proposed redesignation in or near areas within Colorado that may be affected by such proposed redesignation, including at least one public hearing within or as near as is practicable to the area to be redesignated. At least thirty days 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, and societal and energy effects ofthe proposed redesignation. The notice announcing any public hearings shall contain appropriate notification ofthe availability ofsuch discussion. IX.E. 

### Priorto the issuance of notice 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 ofsixty days) to conferwith the Commission respecting the notice of proposed redesignation and to submit written comments and recommendations with respect to such notice of proposed redesignation. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the Commission shall publish a list ofany inconsistency between such redesignation and such comments and recommendations and an explanation ofsuch inconsistency (togetherwith the reasons for making such redesignation againstthe recommendation ofthe Federal Land Manager). IX.F. All redesignations, except any established by an Indian governing body, shall be specifically approved; (1) by the governor, after consultation with the appropriate committees ofthe legislature, if it is in session, orwith the leadership ofthe legislature, if it is not in session, and (2) by resolutions orordinances enacted by the general purpose units of local government representing a majority ofthe residents ofthe area to be redesignated. IX.G. No area may be redesignated ifsuch redesignation would cause orcontribute to concentrations ofany air pollutant in any other area that exceed any maximum allowable increase or maximum allowable concentration permitted underthe classification ofsuch area. IX.H. Lands within the exterior boundaries of reservations offederally recognized Indian tribes may be redesignated only by the appropriate Indian governing body. IX.I. 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. IX.J. Any redesignation or denial ofa proper request for redesignation made pursuant to this Section IX. shall be subject to judicial review in accord with Colorado Revised Statute Section 25-7-120. IX.K. Any area other than an area to which Sections VIII

### .A orVIII.C. referto may be redesignated as Class Ill ifany major stationary source or major modification could receive a permit only ifthe area in question were redesignated as Class Ill, and any material submitted as part ofthat application were available, insofar as was practicable, for public inspection prior to any public hearing on redesignation ofany area as Class Ill.

# I I I

I I I X. Air Quality Limitations

X.A. Ambient Air Increments X.A.1. The maximum allowable increases overthe baseline concentration for sulfur dioxide, PM1 0, PM2.5 or nitrogen dioxide except as provided in Section VIII.B. ofthis part, are: X.A.1.a. For any Class I area:

PM2.5 tua/m3) Annual arithmetic mean 1 Twentv-four hour maximum 2 PM10 (pg/m3) Annual arithmetic mean 

### 4 Twenty-four hour maximum 

### 8 Sulfur dioxide (1Jg/m3) Annual arithmetic mean 2 Twenty-four hour maximum 5 Three hour maximum 25 Nitrogen dioxide (1Jg/m3) Annual arithmetic mean 2.5 X.A.1.b. For any Class II area:

PM2.5 (ua/m3l Annual arithmetic mean 

### 4 Twentv-four hour maximum 9 PM10 [1Jg/m3) Annual arithmetic mean 17 Twenty-four hour maximum 30 Sulfur dioxide (1Jg/m3) Annual arithmetic mean 20

# I I I Twent -four hour maximum 

### 91 Three hour maximum 512

Annual arithmetic mean 25 X.A.1.c. For any Class Ill area:

PM2.5 tua/m3) 

### Annual arithmetic mean 8 Twentv-four hour maximum 18 PM10 (1.Jg/m3) 

### Annual arithmetic mean 34 Twenty-four hour maximum 60 Sulfur dioxide (I.Jg/m3) 

### Annual arithmetic mean 40 Twenty-four hour maximum 182 Three hour maximum 700 Nitrogen dioxide (1Jg/m3) 

### Annual arithmetic mean 50 X.A.2. The maximum allowable increases overthe baseline concentration for any other air pollutant shall be the same as those increases established pursuant to Section 4W165(a) ofthe Federal Act. X.A.3. For any period otherthan an annual period, the applicable maximum allowable increase may be exceeded during one such period peryear at any one location. X.A.4. Periodic Review X.A.4.a. The Division shall, on a periodic basis, review the adequacy ofthis Regulation Number 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 present the cause for such beliefto the Commission. 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 incrementviolationexists. The hearing shall be held pursuant to the procedures ofColorado Revised Statute Section 25-7-119. Notice should be given by first class mail to permitted sources that can be reasonably identified as emitting the pollutant in violation and affecting the area ofviolation. X.A.4.c. Should the Commission determine that an incrementviolation exists, the Division shall review all sources affecting the area of incrementviolation and ensure that all such sources comply with all applicable permit conditions, and state and local regulations. Within thirty days after completing such a review, the Division shall recommend revisions, if necessary, to the Commission to correct the violation. Upon receipt of recommended revisions from the Division, the Commission shall as soon as practicable actto revise this regulation as it deems necessary. X.A.5. Increment Consumption Restriction X.A.5.a. No new major stationary source or major modification shall individually consume more than seventy-five percent ofan applicable increment. X.A.5.a.(i) Applicants may request a hearing before the Commission to request a waiver ofthis restriction. The hearing shall be heard in accordance with the provisions ofColorado Revised Statute Sections 25-7-114 (4)(h), 25-7-119 (Colorado Air Pollution Prevention and Control Act), and Colorado Revised Statute 24-4-105 (State Administrative Procedure Act). X.A.5.a.(i)(A) The Commission shall not set a hearing date for a waiver request until submittal ofcomments, or evidence ofan opportunity for submittal ofcomments by all appropriate regional planning agencies and councils ofgovernment organizations, affected municipalities and other affected political subdivisions has occurred. X.A.5.a.(i)(B) Ambient Air Limits. No concentrations ofa pollutant shall exceed a national ambient air quality standard ora state ambient air standard where no national ambient airquality standard has been established. 

### XI. Exclusions From Increment Consumption XI.A. The following concentrations are excluded in determining compliance with a maximum allowable increase: XI.A.1. Concentrations attributable to the increase in emissions from stationary sources that have converted from the use of petroleum products, natural gas, or both by an order in effect under Sections 2(a) and (b) ofthe federal "Energy Supply and Environmental Coordination Act of 1974" (or any superseding legislation) overthe emissions from such sources before the effective date ofsuch an order, but not more than five years afterthe 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 natural gas curtailment plan in effect pursuant to the Federal "PowerAct" overthe emissions from such sources before the effective date ofsuch plan, but not more than five years afterthe effective date ofthe plan.XI.A.3. Concentrations of particulate matter attributable to an increase in emissions from construction orother temporary emission-related activities of new or modified sources. XI.A.4. Concentrations attributable to the temporary increase in emissions ofsulfur dioxide, or particulate matter, or nitrogen oxides from stationary sources that are affected by revisions ofthe Colorado State Implementation Plan that are approved by the Administrator ofthe U.S. EPA and that provide: XI.A.4.a. The time period ofsuch temporary increase in emissions is not renewable and may not exceed two years in duration, unless a longertime 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 oran area where an applicable increment is known to be violated or cause or contribute to the violation of a national ambient air quality standard; and XI.A.4.c. Emission limitations shall be in effect atthe end ofthe time period specified in the plan revision that will ensure that the emissions levels from stationary sources affected by the plan revision will not exceed those levels occurring from such sources before the plan revision was approved by the U.S. EPA XII. Innovative Control Technology XII

### .A An owner oroperator ofa proposed major stationary source or major modification otherwise subjectto the requirements of Section VI. ofthis Part D may request the Division to grant a waiverfrom the BestAvailable Control Technology requirements and to approve a system of innovative control technology, in orderto encourage the use ofsuch technology. XII.B. The Division orthe Commission may, with the consent ofthe governor(s) ofother affected states, grant a waiverfrom the BestAvailable Control Technology requirements of Section VI.A.1. ofthis part necessary forthe employment of innovative control technology and determine that the source or modification may employ such system if: XII.B.1. The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation orfunction; XII.B.2. The owner or operator agrees to achieve a level ofcontinuous emissions reduction greaterthan or equivalent to that, which would have been required under Section VI.A.1. 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 or modification would meet the requirements of Sections VI.A.1. and VI.A.2. based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the**d~te** specified by the Division; XII.B.4. The source or modification would not, before the date specified by the Division under Section XII.B.2., above; XII.B.4.a. Cause or contribute to any violation ofan applicable national ambient air quality standard; or XII.B.4.a.(i) Impactany area where an applicable increment is known to be violated; or XII.B.S. All other applicable requirements including those for public participation have been met.XII.B.6. The provisions of Section VIII. ofthis part (relating to Class I areas) have been satisfied with respectto all periods during the life ofthe source or modification. XII.C. The Division shall withdraw any approval to employ a system of innovative control technology made under this section, if: XII.C.1. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or XII.C.2. The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, orsafety; or XII.C.3. The Division decides at any time that the proposed system is unlikely to achieve the required level ofcontrol orto protect the public health, welfare, orsafety. XII.D. Ifa source or modification fails to meetthe required level ofcontinuous emissions reduction within the specified time period, or ifthe approval is withdrawn in accordance with Section XII.C., above, the Division may allow the source or modification up to an additional three years to meet the requirement forthe application of best available control technology through use ofa demonstrated system ofcontrol. XIII. Federal Class I Areas XIII.A. Within twenty days of receipt ofa permit application for a new majorstationary source or major modification that may affectvisibility orair quality related values in any Federal Class I area, the Division shall transmit a copy ofthe application to all affected Federal Land Managers and consult with them as to its completeness in its analysis and monitoring (if required) ofairquality related values. Ifthe Division receives advance notification ofa permit application ofa source that may affectvisibility or airquality related values, itwill notify all affected Federal Land Managers within thirty days ofsuch notification. The Division will consider any analysis performed by a Federal Land Managerthat indicates there will be an adverse impact on visibility or air quality related values ifsuch analysis is received within thirty days afterthe Federal Land Manager receives a copy ofthe complete application. Ifthe Division disagrees with the Federal Land Manager, any notices for public comment orofa public hearing on the application will explain the disagreement or state where the explanation can be obtained. XIII.B. In addition to the general impact analysis required by Section VI.A.6. ofthis part, any source that will have or is likely to have an impact on any designated Class I area may be required to conduct

. monitoring to establish the condition of

.. and the impact on air quality related values in such Class I area(s) both priorto completing an application for a permit to construct and during the construction and operation ofsuch source. XIII.B.1.1f monitoring is required, the source shall conduct a private monitoring program. However, if monitoring is being conducted by any other existing source or government agency, the new source may enter into ajoint monitoring program with that source or agency. All monitoring programs must be approved in advance by the Division. XIII.B.2. Pre-application monitoring may include the monitoring of not more than three air quality related values orsensitive 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 importantto the affected Class Iarea, and there must be cause to believe that monitoring ofthe air quality related values orsensitive receptors will provide a basis for evaluating effects to the relevant air quality related values.XIII.B.3.Monitoring during construction and operation may only be required for the sensitive receptors specified for pre-application monitoring, unless new information becomes available that demonstrates a significant economic ortechnological 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 orsensitive receptors ofair quality related values may only be required if: XIII.B.4.a. Monitoring methods are reasonably available and research and development of monitoring methods are unnecessary; XIII.B.4.b. The major effecton the air quality related values orsensitive receptor would reasonably be predicted to be a result ofthe applicant's individual emissions orof the applicant's emissions in combination with any person's emissions with whom the applicant may be required to conductjoint monitoring; and XIII.B.4.c. It is economically reasonable forthe source to conduct such monitoring. XIII.C. Sources Impacting Federal Class IArea- Additional Requirements. Federal Land Managers may presentto the Division, after its preliminary analysis required under Section Ill.B. of Part B ofthis regulation, a demonstration thatthe emissions from the proposed source or modification would have an adverse impact on the air quality related values (including visibility) ofany federal mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause orcontribute to concentrations thatwould exceed the maximum allowable increases for a Class I area. Ifthe Division concurs with such demonstration, or in the event the Federal Land Managerfails to perform an adverse impact analysis and the Division determines that there is an adverse impact on visibility, orthe Division determines that a demonstration of no adverse impact is in error, the Division shall not issue the permit. XIII.D. Class IVariances. The owner or operator ofa proposed major stationary source or major modification may demonstrate to the satisfaction ofthe Federal Land Managerthat the emissions from such source or modification would not have an adverse impact on the air quality related values (including visibility) ofClass I lands underthe 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 maximum allowable increases for a Class I area. Ifthe Federal Land Manager concurs with such demonstration and so certifies to the Division, the Division orthe 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 PM10, PM2.5 and nitrogen oxides would not exceed the following maximum allowable increases overthe minor source baseline concentration for such pollutants.

Maximum allowable increase Particulate matter PM2.5 Annual arithmetic mean PM2.5 Twent -four hour maximum

PM1 0, Annual arithmetic meanPM10, Twenty-four hour maximum 30 l-Jg/m3 Sulfur dioxide Annual arithmetic mean 20 1Jg/m3 Twenty-four hour maximum 91 1Jg/m3 Three hour maximum 3251Jg/m3 Nitrogen dioxide Annual arithmetic mean 25l-Jg/m3 XIII.E. Sulfur Dioxide Variance by Governor XIII.E.1.The owner oroperator ofa proposed major stationary source or major modification that cannot be approved under Section XIII.D., above, may demonstrate to the governorthat 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 Class I areas, that a variance underthis section would not have an adverse affect on the air quality related values ofthe area (including visibility). XIII.E.2.The governor, 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. XIII.E.3.1f such variance is granted, the Division may issue a permit to such source or modification in accordance with Section XIII.G., below, ifthe applicable requirements of Regulation Number 3 are otherwise met. XIII.F. Variance by the Governorwith the President's Concurrence XIII.F.1.The recommendations ofthe governor and the Federal Land Managershall be transferred to the president in any case where the governor recommends a variance with which the Federal Land Manager does not concur. XIII.F.2.1f the president approves the variance, the Division may issue a permit in accordance with Section XIII.G., below, ifthe applicable requirements of Regulation Number3 are otherwise met. XIII.G. Emission Limitations for Presidential and Gubernatorial Variance. In the case ofa permitto be issued under Sections XIII.E. and XIII.F., the source or modification shall comply with emission limitations as may be necessary to assure that emissions ofsulfur dioxide from the source or ·modification would not (during any day on that the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations thatwould 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: Maximum Allowable Increase (1Jg/m3)

### Period of Ex osure Terrain Areas Low 

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### XIV. Visibility XIV.A. Purpose This section assures reasonable progress towards the national goal of preventing future, and remedying existing, visibility impairment in Class I areas, where such impairment results from man-made air pollution. XIV.B. Applicability This section applies to all Class I areas and to sources in Colorado the emissions from which may reasonably be anticipated to cause orcontribute to any impairment ofvisibility in any such area (even ifthe area is in another state). · XIV.C. Definitions For purposes ofthis Section XIV. XIV.C.1. Adverse impact on visibility means for the purpose of Section XIV.E. visibility impairmentthat interferes with the management, protection, preservation, orenjoyment ofthe visitor's visual experience ofthe Class I area. Any determination shall be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time ofvisibility impairments, and howthese factors correlate with times of visitor use ofthe Class I area, and the frequency and timing of natural conditions that reduce visibility. XIV.C.2. Best Available Retrofit Technology means an emission limitation achievable through the application ofthe best system ofcontinuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation shall be established on a case-by-case basis taking into consideration the technology available, the costs ofcompliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life ofthe source, and the degree of improvement in visibility that may reasonably be anticipated to result from the use ofsuch technology. XIV.C.3. Existing stationary facility means any ofthe stationary sources ofair pollutants defined in Sections 1.8.19., 1.8.24. through 1.8.27., 1.8.36., and 1.8.43. of Part A, Section I.A.1.(c} of Part C, and Section II.A.24. of Part D ofthis regulation, including any reconstructed source that was not in operation priorto August 7, 1962, and had commenced construction on or before August 7, 1977, and has the potential to emittwo hundred and fifty tons peryear or more ofany air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable shall be counted. XIV.C.4. Long-term strategy means a ten to fifteen year plan for making reasonable progress toward the national goal specified in Section XIV.A. ofthis part.

### XIV.C.5. Natural conditions include naturally occurring phenomena that reduce visibility as measured in terms ofvisual range, contrast, orcoloration. XIV.C.6. Reasonably attributable means attributable by visual observation orany other technique the state deems appropriate. XIV.C.7. Significant impairment means, for purposes of Section XIV.D.2.c., visibility impairment, that interferes with the management, protection, preservation orenjoyment ofthe visitor's visual experience ofthe Class I area. XIV.C.8. Visibility impairment means any humanly perceptible change in visibility (visual range, contrast, coloration) thatwould have existed under natural conditions. XIV.C.9. Class I area means an area listed in Section VIII

### .A ofthis part and any area that may be redesignated to Class I in the future. XIV.D. Existing Impairment XIV.D.1. The Federal Land Manager or the Division may, at any time, certify to the Division directorthat visibility impairment exists in any Class I area. The Division may also certify that visibility impairment exists in any Class I area withoutthe concurrence ofthe Federal Land Manager. XIV.D.2. Each existing stationary facility located in Colorado to which the cause oforcontribution to visibility impairment in any Class I area is reasonably attributable, shall apply for and obtain from the Division a permitthat requires the installation and operation of Best Available Retrofit Technology. The facility shall install and operate BestAvailable Retrofit Technology as expeditiously as practicable but in no case laterthan five years after permit issuance. XIV.D.2.a. Forfossil-fuel fired generating plants having a total generating capacity in excess of750 megawatts, BestAvailable RetrofitTechnology shall be determined pursuant to "Guidelines for Determining BestAvailable Retrofit Technology for Coal-fired Power Plants and Other Existing Stationary Facilities" (U.S. EPA Publication Number450/3-80-009b, 1980), and state ofthe art information available atthe time of BestAvailable RetrofitTechnology analysis. Pursuant to Colorado Revised Statute Section 24-4-103 (12.5), the document referenced in this section is available for public inspection during normal working hours, or copies are available for cost, from the technical secretary ofthe Commission, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530. This Regulation Number 3 does not include later amendments to oreditions of the referenced documents. XIV.D.2.b. Should technological oreconomic limitations make the application of Best Available Retrofit Technology as previously defined infeasible; the state may instead prescribe a design, equipment, work practice, orotheroperational standard, or combination thereof, as representing BestAvailable Retrofit Technology. Where a facility is subjectto Section XIV.D.2.a., due to technological limitations, the facility shall install and operate Best Available Retrofit Technology as previously defined when newtechnology for control ofthe pollutant becomes reasonably available provided: 1) the pollutant is emitted by the existing facility; 2) controls representing BestAvailable RetrofitTechnology for the pollutant have not previously been required underthis section; and 3) the impairment ofvisibility in any Class I area is reasonably attributable to the emissions ofthat pollutant.XIV.D.2.c. Any existing stationary facility required to install and operate BestAvailable Retrofit Technology underthis section may apply to the Division and the U.S. EPAAdministratorfor an exemption. XIV.D.2.c.(i) An application underthis section must include all available documentation relevant to the impact ofthe source's emissions on visibility in any Class I area and a demonstration by the existing stationary facility that it does notorwill not by itselfor in combination with either sources, emit any air pollutant that may be reasonably anticipated to cause or contribute to a significant impairment ofvisibility in any Class I area. XIV.D.2.c.(ii) Any fossil fuel fired power plant with a total generating capacity of 750 megawatts or more may receive an exemption from Best Available RetrofitTechnology only ifthe owner oroperator ofsuch power plant demonstrates to the satisfaction ofthe Division that such power plant is located at such a distance from all Class I areas that such power plant does not orwill not by itself or in combination with other sources emitany air pollutant that may reasonably be anticipated to cause or contribute to significant impairment ofvisibility in any such Class I area. XIV.D.2.c.(iii) The existing stationary facility must give priorwritten notice to all affected Federal Land Managers ofany application for exemption. XIV.D.2.c.(iv) The Federal Land Manager may provide an initial recommendation or comment on the disposition ofsuch application. Such recommendation, where provided, must be part ofthe exemption application. This recommendation is notto be construed as the concurrence required under Section XIV.D.2.c.(iv). XIV.D.2.c.(v) After notice and opportunity for public hearing, before the Commission, the Division may grantordeny the exemption. XIV.D.2.c.(vi) An exemption granted by the Division underthis section will be effective only upon concurrence by all affected Federal Land Managers. XIV.D.2.c.(vii) Any determination shall be made on a case-by-case basis taking into accountthe geographic extent, intensity, duration, frequency and time ofthe visibility impairment, and howthese factors correlate with time ofvisitor use ofthe Class I area, and the frequency and timing of natural conditions that reduce visibility. XIV.D.2.d. The Division shall process any application for a permit required bySection XIV.D.2., above, orany application for exemption under Section XIV.D.2.b., according to the time constraints stated in Part B, Section Ill.B. ofthis regulation. All applications for permits or exemptions will be subjectto public notice and public hearing requirements applicable to sources subjectto the provisions of Section VI. ofthis part. Processing fees will be charged to the applicantto recover actual costs incurred by the Division as stated in Section VI. of Part A of this Regulation Number 3. XIV.E. New Source ReviewApplicants for new major stationary sources and major modifications shall demonstrate that the proposed source will not have an adverse impact on visibility in a Class I area as required by Sections V.A.6., VI.A.6., and XIII. ofthis part. XIV.F. Long-term Strategy XIV.F.1. The Commission shall review and revise, ifappropriate, the long-term strategy every five years. XIV.F.1.a. During the long-term strategy development and review process, the Commission shall consultwith the Federal Land Managers. XIV.F.1.b. A public hearing shall be held upon request ofany interested person. The state shall provide written notification to each affected Federal Land Manager and other affected states at least sixty days prior to holding any public hearing. XIV.F.1.c. The Division shall prepare a report for the Commission on any progress made toward the national visibility goal since the last long-term strategy revisions. The report will be made available on September 1, at least every fifth year following the submittal ofthe previous report and consistentwith the federal five-year Regional Haze reporting schedule. The report shall include an assessment of: XIV.F.1.c.(i) The progress achieved in remedying existing impairment ofvisibility in any Class I area; XIV.F.1.c.(ii) The ability ofthe long-term strategy to prevent future impairment of visibility in any Class I area; XIV.F.1.c.(iii) Any change in visibility since the last such report, or in the case of the first report, since plan approval, including an assessment ofexisting conditions; XIV.F.1.c.(iv) Additional measures, including the need for state implementation plan revisions, that may be necessary to assure reasonable progress toward the national visibility goal; XIV.F.1.c.(v) The progress achieved in implementing BestAvailable Retrofit Technology and meeting other schedules setforth in the long-term strategy; XIV.F.1.c.(vi) The impact ofany exemption granted under Section XIV.D.2.c.; and, XIV.F.1.c.(vii) The need for BestAvailable RetrofitTechnology to remedy existing impairment in an integral vista declared since plan approval. XIV.G. Public Land Emission Inventories XIV.G.1. Federal Public Lands XIV.G.1.a. For the purposes ofthis Section XIV.G., federal land management agency means a federal agency that owns and manages at least 50,000 acres offederal land in Colorado.XIV.G.1.b. Federal land management agencies shall submitto the Commission emission inventories by December 31, 2001 and no less frequently than every five years thereafter. XIV.G.1.c. The inventory shall include the sources listed in Section XIV.G.3.b. ofthis regulation and emissions ofcriteria pollutants, including surrogates or precursors for such pollutants, from activities in Colorado or other states that may affect any mandatory class Ifederal area in Colorado by reducing visibility in such area. XIV.G.2. Colorado State Public lands XIV.G.2.a. The Division shall submitto the Commission emission inventories for all state land management agencies including the State Land Board, the Department of Agriculture, and the Department of Natural Resources by July 1, 2002 and no less frequently than every five years thereafter. XIV.G.2.b. The inventory shall include the sources listed in Section XIV.G.3.b. ofthis regulation and emissions ofcriteria pollutants, including surrogates or precursors for such pollutants, from activities in Colorado that may affect any mandatory Class I federal area in Colorado by reducing visibility in such area. XIV.G.3. Public Land Emission Inventory Requirements XIV.G.3.a. The inventory shall include both current emissions and projected future emissions, over at least a five-year period. XIV.G.3.b. The following sources on public lands shall be included in the inventory: XIV.G.3.b.(i) Stationary source emissions, based on existing air pollution emission notices filed with the Division; XIV.G.3.b.(ii) Mobile sources utilizing state lands, excluding state and federal highways; XIV.G.3.b.(iii) Paved and unpaved roads; XIV.G.3.b.(iv) Fires on public lands from all sources; and XIV.G.3.b.(v) Biogenic sources, including emissions from flora and fauna. XIV.G.4. Public Hearings Not laterthan December 31, 2002, and no less frequently than every five years thereafter, a public hearing before the Commission shall be conducted to approve the public land emission inventories. 

### XV. Actuals PALs XV.A. Applicability. XV.A.1. At the request ofan owneroroperator, the Division mayapprove the use ofan actuals PAL in 

### a Title Vpermitforanyexisting majorstationarysource thathas operated forat least two years ifthe PAL meets the requirements in Sections XV.

### A. through XV.L. The term "PAL"shallmean "actuals PAL" throughout Section XV. ofthis part.XV.A.2. Anyphysicalchange in orchange in the methodofoperation of

### a majorstationarysource thatmaintains its totalsource-wide emissions below the PAL level, meets the requirements in Sections XV.A. through XV.L., andcomplies with the PAL permit: XV.A.2.a. Is not

### a majormodification forthe PAL pollutant; XV.A.2.b. Is notsubjectto the majorNSR reviewprocedures in Sections /.B., V., and VI. ofthispart; and XV.A.2.c. Is notsubjectto the provisions in Section V.A.S.b. ofthispart (restrictions on relaxing enforceable emission limitations that the majorstationarysource used to avoidapplicabilityofthe majorNSRprogram). XV.A.3. Exceptasprovided underSection XV.A.2.c. above, 

### a majorstationarysource shall continue to comply with allapplicable Federal orState requirements, emission limitations, and workpractice requirements that were establishedpriorto the effective date ofthe PAL. XV.B. Permitapplication requirements. Aspart ofa permitapplication requesting a PAL, the owneroroperatorofa majorstationary source shallsubmit the following information to the Division forapproval (in addition to the information requiredbyPart

### C ofthis Regulation): XV.B.1. A list ofall emissions units at the source designatedas small (as defined in Section /I.A. 45. ofthis part), significant (as defined in Section /I.A. 44. ofthis part), andmajor(as definedin Section II.A.21. ofthis part) basedon theirpotential to emit, andidentifying each as such. In addition, the owneroroperatorofthe source shallindicate which, ifany, Federal orState applicable requirements, emission limitations orworkpractices applyto each unit. XV.B.2. Calculations ofthe baseline actual emissions foreach emissions unitlistedin Section XV.B.1. above (with supporting documentation). Baseline actual emissions are to include emissions associatednotonly with operation ofthe unit, butalso emissions associated with startup, shutdown andmalfunction. XV.B.3. The calculation procedures that the majorstationarysource owneroroperatorproposes to use to convert the monitoring data to monthlyemissions andannual emissions based on 

### a twelve-month rolling total foreach month as requiredbySection XV. 

### M. 1. XV.C. Generalrequirements forestablishing PALs. XV.C.1. A PAL may be establishedata majorstationarysource, providedthat, ata minimum, the requirements in Sections XV.C.1.a. through XV.C.1.g. beloware met. XV. C.1.a. The PAL shallimpose an annualemission limitation in tons peryearthatis enforceable as

### a practicalmatter, for the entire majorstationarysource. Foreach month during the PAL effective periodafterthe first twelve months ofestablishing 

### a PAL, the majorstationarysource owneroroperatorshalldemonstrate that the sum ofthe monthlyemissions ofthe PAL pollutantfrom each emissions unit underthe PAL for the previous twelve consecutive months is less than the PAL (a rolling twelve-month total). Foreach month during the first eleven months from the PAL effective date, the majorstationarysource owneroroperatorshall demonstrate that the sum ofthe preceding monthlyemissions ofthe PAL pollutantforeach emissions unit underthe PAL is less than the PAL.XV. C.1.b. The PAL shallbe establishedin 

### a PAL permitsection ofan operatingpermit issuedpursuant to Part 

### C ofthis regulation that meets the publicparticipation requirements in Section XV.D. XV.C.1.c. The PAL permitshallcontain all the requirements ofSection XV.F. XV.C.1.d. The PAL shallinclude fugitive emissions, to the extent quantifiable, from all emissions units thatemit orhave the potential to emit the PAL pollutantatthe majorstationarysource. XV. C.1.e. Each PAL shall regulate emissions ofonlyonepollutant. XV.C.1.f. Each PAL shallhave 

### a PAL effective periodoften years. XV. 

### C. 1.g. The owneroroperatorofthe majorstationarysource with 

### a PAL shallcomply with the monitoring, recordkeeping, andreporting requirementsprovidedin Sections XV.K. through XV.N. foreach emissions unit underthe PAL throughout the PAL effective period. 

### XV.C.2. Atno time (during orafterthe PAL effective period) are emissions reductions of

### a PAL pollutant, which occur

### during the PAL effective period, creditable as decreases for purposes ofoffsets underSection V. unless the level ofthe PAL is reducedby the amountofsuch emissions reductions andsuch reductions would be creditable in the absence ofthe PAL. 

### XV.D. Publicparticipation requirement forPALs. PALs forexisting majorstationarysources shallbe established, renewed, orincreasedin accordance with the significantmodification provisions setforth in Section I.A. 7.ofPart 

### C ofthis regulation. The Division shallprovide the public with notice ofthe proposedapproval of

### a PAL permitand

### a thirty-dayperiod forsubmittal ofpublic comment. 

### XV.E. Setting the ten-yearactuals PAL level. 

### XV.E.1. The actuals PAL level for

### a majorstationarysource shallbe establishedas the sum of the baseline actual emissions (as definedin Section II.A.4. ofthis PartD) ofthe PAL pollutantforeach emissions unitat the source, plus an amount equal to the applicable significantlevel forthe PAL pollutant underSection II.A.42. ofthis part, orunderthe FederalAct, whicheveris lower. 

### XV.E.2. When establishing the actuals PAL level for

### a PAL pollutant, onlyone consecutive twenty-fourmonth periodmaybe used to determine the baseline actual emissions forall existing emissions units. However, 

### a differentconsecutive twenty-fourmonth periodmay be usedforeach differentPAL pollutant. 

### XV.E.3. Emissions associated with units that were permanentlyshutdown afterthis twenty-four month periodmustbe subtracted from the PAL level. 

### XV.E.4. Fornewlyconstructed units (which do notinclude modifications to existing units) on which actualconstruction began afterthe twenty-fourmonth period, in lieu ofadding the baseline actualemissions as specifiedin Section XV.E.1., above, the emissions mustbe added to the PAL level in an amountequal to the potential to emit ofthe units. 

### XV.E.S. The Division shallspecify

### a reduced PAL level(s) (in tonslyr) in the PAL permit to become effective on the future compliance date(s) ofanyapplicable Federal orState regulatoryrequirement(s) that the Division is aware ofpriorto issuance ofthe PAL permit. For instance, ifthe source owneroroperatorwillbe required to reduce emissions from industrialboilers in halffrom baseline emissions of60ppm NOx to 

### a newrule limit of30 ppm, then the permitshall contain 

### a future effective PAL level thatis equalto the current PAL levelreduced byhalfofthe originalbaseline emissions ofsuch unit(s). XV.F. Contents ofthe PAL permit. The PAL permitshallcontain, at

### a minimum, the information in Sections XV.F.1. through XV.F.10. XV.F.1. The PAL pollutant and the applicable source-wide emission limitation in tons peryear. XV.F.2. The PAL permit effective date and the expiration date ofthe PAL (PAL effective period). XV.F.3. Specification in the PAL permit thatif

### a majorstationarysource owneroroperatorapplies to renew

### a PAL in accordance with Section XV./. before the end ofthe PAL effective period, then the PAL shallnotexpire atthe endofthe PAL effective period. Itshall remain in effectuntil

### a revised PAL permitis issuedby the Division. XV.F.4. A requirement that emission calculations forcompliance determination purposes include emissions from startups, shutdowns andmalfunctions. XV.F.5. A requirement that, once the PAL expires, the majorstationarysource is subject to the requirements ofSection XV. XV.

### F.6. The calculation procedures that the majorstationarysource owneroroperatorshall use to convert the monitoring data to monthlyemissions andannual emissions basedon 

### a twelve-month rolling total foreach month as requiredby Section XV. XV.

### F.7. A requirement that the majorstationarysource owneroroperatormonitors allemissions units in accordance with the provisions underSection XV. XV.F.8. A requirement to retain the records required under Section XV. on site. Such records may be retained in an electronic format. XV.F.9. A requirement to submitthe reports required underSection XV. bythe required deadlines. XV.F.10. Anyotherrequirements that the Division deems necessaryto implement andenforce the PAL. XV.G. Reopening ofthe PAL permit. XV.G.1. During the PAL effective period, the Division shall reopen the PAL permit to: XV. 

### G. 1.

### a. Correct typographical/calculation errors made in setting the PAL orreflect

### a more accurate determination ofemissions used to establish the PAL. XV. 

### G. 1.b. Reduce the PAL ifthe owneroroperatorofthe majorstationarysource creates creditable emissions reductions foruse as offsets underSection V.A. 3. ofthis PartD. XV.G.1.c. Revise the PAL to reflectan increase in the PAL asprovided underSection XV.J.XV.G.2. The Division has discretion to reopen the PAL permitto: XV. 

### G.2.

### a. Reduce the PAL to reflectnewlyapplicable Federal requirements (forexample, NSPS) with compliance dates afterthe PAL effective date. XV. G.2.b. Reduce the PAL consistent with anyotherrequirement, that is enforceable as 

### a practicalmatter, and that the Division mayimpose on the majorstationary source. XV.G.2.c. Reduce the PAL ifthe Division determines thata reduction is necessary to avoidcausing orcontributing to 

### a NAAQS orPSD increment violation, orto an adverse impact on an airqualityrelated value thathas been identified fora Federal Class I area bya Federal LandManagerand for which information is available to the generalpublic. XV.G.3. Except forthe permitreopening in Section XV.G.1.a. forthe correction of typographical/calculation errors that do notincrease the PAL level, all otherreopenings shallbe carriedoutin accordance with the publicparticipation requirements ofSection XV. D. XV.H. Expiration ofa PAL. AnyPAL thatis notrenewedin accordance with the procedures in Section XV./. shallexpire at the end ofthe PAL effectiveperiod, and the requirements in Sections XV.H.1. through XV.H.5. shallapply. XV.H.1. Each emissions unit (oreach group ofemissions units) that existed underthe PAL shall comply with an allowable emission limitation undera revisedpermitestablished according to the procedures in Sections XV.H.1. through XV.H.5. ofthis part. XV.H.1.a. Within the time frame specifiedforPAL renewals in Section XV./.2., the major stationarysource shallsubmit

### a proposedallowable emission limitation foreach emissions unit (oreach group ofemissions units, ifsuch 

### a distribution is more appropriate as determinedbythe Division) bydistributing the PAL allowable emissions forthe majorstationarysource among each ofthe emissions units that existed underthe PAL. Ifthe PAL hadnotyetbeen adjustedforan applicable requirement thatbecame effective during the PAL effectiveperiod, as required underSection XV./.5., such distribution shallbe made as ifthe PAL hadbeen adjusted. XV.H.1.b. The Division shall determine whether and howthe PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, oreach group ofemissions units, as the Division determines is appropriate. XV.H.2. Each emissions unit(s) shall comply with the allowable emission limitation on a twelvemonth rolling totalbasis. The Division mayapprove the use ofmonitoring systems (source testing, emission factors, etc.) otherthan GEMS, GERMS, PEMS orCPMS to demonstrate compliance with the allowable emission limitation. XV.H.3. Until the Division issues the revisedpermitincorporating allowable limits foreach emissions unit, oreach group ofemissions units, as required underSection XV. H. 1.a., the source shallcontinue to comply with 

### a source-wide, multi-unit emissions cap equivalent to the level ofthe PAL emission limitation.XV.H.4. Anyphysicalchange orchange in the method ofoperation at the majorstationarysource willbe subject to the majorNSR requirements ifsuch change meets the definition of majormodification in Section II.A.22. ofthis PartD. XV.H.5. The majorstationarysource owneroroperatorshallcontinue to comply with anyState or Federal applicable requirements thatmayhave appliedeitherduring the PAL effective periodorpriorto the PAL effective periodexceptforthose emission limitations thathad been establishedpursuant to Sections V.A. 

### 7.b. and VI. 8.4. ofthis part, but were eliminatedbythe PAL in accordance with the provisions in Section XV.A.2.c. XV.I. Renewal ofa PAL. XV.I.1. The Division shall follow the procedures specifiedin Section XV. D. in approving any request to renew

### a PAL for

### a majorstationarysource, andshallprovide both the proposedPAL level and

### a written rationale forthe proposed PAL level to the public for reviewandcomment. During such public review, anyperson maypropose a PAL level forthe source forconsideration bythe Division. XV.I.2. Application deadline. A majorstationarysource owneroroperatorshallsubmit

## a timelyapplication to the Division to requestrenewal of

### a PAL. A timelyapplication is one thatis submittedatleast twelve months priorto, butnotearlierthan eighteen months from, the date ofPAL permitexpiration. This deadline forapplication submittalis to ensure that the permit will notexpire before the permitis renewed. Ifthe owneroroperatorof

### a majorstationarysource submits 

### a complete application , including anyadditionalinformation requested bythe Division, to renew the PAL within this time period, then the PAL shall continue to be effective until the revisedpermit with the renewed PAL is issued. XV.I.3. Application requirements. The application to renew

### a PAL permitshallcontain the information requiredin Sections XV./.3.a. through XV./.3.d., below. XV./.3.a. The information requiredin Sections XV.B.1. through XV.B.3. ofthis part. XV./.3.b. A proposed PAL level. XV./. 3.c. The sum ofthe potential to emitofallemissions units underthe PAL (with supporting documentation). XV./.3.d. Anyotherinformation the owneroroperatorwishes the Division to considerin determining the appropriate level forrenewing the PAL. XV.I.4. PAL adjustment. In determining whetherandhowto adjust the PAL, the Division shall considerthe options outlined in Sections XV./.4.a. andXV./.4.b. However, in no case mayanysuch adjustment fail to comply with Section XV./.4.c. XV./.4.a. Ifthe emissions levelcalculatedin accordance with Section XV.E. is equal to or greaterthan eightypercentofthe PAL level, the Division mayrenew the PAL at the same level withoutconsidering the factors setforth in Section XV./.4.b.; orXV.I.4.b. The Division mayset the PAL at

### a level thatitdetermines to be more representative ofthe source's baseline actual emissions, orthatitdetermines to be appropriate considering airqualityneeds, advances in control technology, anticipatedeconomicgrowth in the area, desire to reward orencourage the source's voluntaryemissions reductions, orotherfactors 

### as specificallyidentified bythe Division in its preliminaryanalysis ortechnicalreview document. XV.I.4.c. Notwithstanding Sections XV.I.4.a. andXV./.4.b. above, XV.I.4.c. (i) Ifthe potential to emit ofthe majorstationarysource 

### is less than the PAL, the Division shalladjust the PAL to 

### a level no greaterthan the potential to emitofthe source; and XV.I.4.c.(ii) The Division shallnotapprove

### a renewed PAL levelhigherthan the currentPAL, unless the majorstationarysource 

### has complied with the provisions ofSection XV.J. (increasing

### a PAL). XV.I.5. Ifthe compliance date for

### a State orFederal requirement thatapplies to the PAL source occurs during the PAL effectiveperiod, andifthe Division 

### has notalreadyadjustedfor such requirement, the PAL 

### shall be adjustedatthe time ofPAL permitrenewal or Title V permitrenewal, whicheveroccurs first. XV.J. Increasing

### a PAL during the PAL effective period. XV.J.1. The Division mayincrease 

### a PAL emission limitation onlyifthe majorstationarysource complies with the provisions in Sections XV.J.1.a. through XV.J.1.d. below. XV.J.1.a. The owneroroperatorofthe majorstationarysource shallsubmit

### a complete application to requestan increase in the PAL limit for

### a PAL majormodification. Such application shall identify the emissions unit(s) contributing to the increase in emissions 

### so as to cause the majorstationarysource's emissions to equal or exceedits PAL. XV.J. 1.b. 

### Aspart ofthis application, the majorstationarysource owneroroperatorshall demonstrate that the 

### sum ofthe baseline actual emissions ofthe 

### small emissions units, plus the sum ofthe baseline actualemissions ofthe significantandmajor emissions units assuming application ofBACTequivalentcontrols, plus the sum ofthe allowable emissions ofthe newormodifiedemissions unit(s) exceeds the PAL. The level ofcontrol that would result from BACTequivalentcontrols on each significant ormajoremissions unitshallbe determinedbyconducting

### a new BACTanalysis atthe time the application is submitted, unless the emissions unit 

### is currentlyrequired to comply with 

### a BACTorLAER requirement that was established within the preceding ten years. In such 

### a case, the assumedcontrol level forthatemissions unitshallbe equal to the level ofBACTorLAER with which that emissions unitmustcurrentlycomply. XV.J. 1.c. The owneroroperatorobtains 

### a majorNSRpermitforall emissions unit(s) identifiedin Section XV.J.1.a., regardless ofthe magnitude ofthe emissions increase resulting from them (that is, no significantlevels apply). These emissions unit(s) shall comply with anyemissions requirements resulting from the majorNSRprocess (forexample, BACTorLAER), even though theyhave also become subject to the PAL orcontinue to be subject to the PAL.XV.J.1.d. The PAL permitshallrequire that the increasedPAL levelshallbe effective on the dayanyemissions unit thatispart ofthe PAL majormodification becomes operationalandbegins to emitthe PAL pollutant. XV.J.2. The Division shallcalculate the newPAL as the sum ofthe allowable emissions foreach modifiedornewemissions unit, plus the sum ofthe baseline actualemissions ofthe significantandmajoremissions units (assuming application ofBACTequivalentcontrols as determinedin accordance with Section XV.J.1.b.), plus the sum ofthe baseline actual emissions ofthe small emissions units. XV.J.3. The PAL permitshallbe revised to reflect the increased PAL levelpursuant to the public notice requirements ofSection XV.D. ofthis part. XV.K. Monitoring requirements for PALs. XV.K.1. General Requirements. XV.K.1.a. Each PAL permitshall contain enforceable requirements forthe monitoring system thataccuratelydetermines plant-wide emissions ofthe PAL pollutantin terms ofmassperunitoftime. Anymonitoringsystem authorizedforuse in the PAL permitmustbe basedon soundscience andmeetgenerallyacceptable scientificprocedures fordata qualityandmanipulation. Additionally, the information generatedbysuch system mustmeetminimum legal requirements foradmissibilityin 

### ajudicialproceeding to enforce the PAL permit. XV. K. 1.b. The PAL monitoring system mustemployone ormore ofthe fourgeneral monitoring approaches meeting the minimum requirements set forth in Sections XV.K.2.a. through XV.K.2.d. andmustbe approvedby the Division. XV.K.1.c. Notwithstanding Section XV.K.1.b., you maya/so employan alternative monitoring approach thatmeets the requirements ofSection XV.K.1.a. if approvedbythe Division. XV.K.1.d. Failure to use a monitoringsystem thatmeets the requirements ofthis Section renders the PAL invalid. XV.K.2. Minimum Performance Requirements forApprovedMonitoringApproaches. The following are acceptable generalmonitoring approaches when conductedin accordance with the minimum requirements in Sections XV.K.3. through XV.K.9: XV.K.2.a. Mass balance calculations foractivities using coatings orsolvents; XV.K.2.b. GEMS (as definedin Section /.B.14. ofPartA); XV.K.2.c. CPMS orPEMS (as definedin Sections I.B.16. and/.B.38., respectively, of PartA); and XV.K.2.d. Published, verifiable emission factors XV.K.3. Mass Balance Calculations. An owneroroperatorusing mass balance calculations to monitorPAL pollutantemissions from activities using coating orsolvents shallmeetthe following requirements:XV.K.3.a. Provide 

### a demonstratedmeans ofvalidating the publishedcontent ofthe PAL pollutantthatis containedin orcreatedbyallmaterials usedin orat the emissions unit; XV.K.3.b. Assume that the emissions unit emits allofthe PAL pollutant thatis contained in orcreatedbyanyrawmaterial orfuel usedin orat the emissions unit, ifit cannototherwise be accounted forin the process; and XV.K.3.c. Where the vendorof

### a material orfuel, which is usedin orat the emissions unit, publishes

### a range of pollutantcontent from such material, the owneror operatormust use the highest value ofthe range to calculate the PAL pollutant emissions unless the Division determines there is site-specific data or

### a sitespecific monitoringprogram to supportanothercontent within the range. XV.K.4. GEMS. An owneroroperatorusing GEMS to monitorPAL pollutantemissions shallmeet the following requirements: XV.K.4.a. GEMS mustcomply with applicable Performance Specifications found in the Code ofFederal Regulations Title 40, Part 60, Appendix B, and Part 75; and XV.K.4.b. GEMS mustsample, analyze andrecord data atleasteveryfifteen minutes while the emissions unitis operating. XV.K.S. CPMS orPEMS. An owneroroperatorusing CPMS orPEMS to monitorPAL pollutantemissions shallmeetthe following requirements: XV.K.5.a. The CPMS orthe PEMS mustbe basedon currentsite specific data demonstrating

### a correlation between the monitoredparameter(s) andthe PAL pollutantemissions across the range ofoperation ofthe emissions unit; and XV.K.5.b. Each CPMS orPEMS mustsample, analyze, andrecord data atleastevery fifteen minutes, oratanotherless frequent interval approvedbythe Division, while the emissions unit is operating. XV.K.6. Emission factors. An owneroroperatorusing emission factors to monitorPAL pollutantemissions shallmeetthe following requirements: XV.K.6.a. Allemission factors shallbe adjusted, ifappropriate, to accountforthe degree ofuncertaintyorlimitations in the factors' development; XV.K.6.b. The emissions unitshalloperate within the designatedrange ofuse forthe emission factor, ifapplicable; and XV. K. 6.c. Iftechnicallypracticable, the owneroroperatorof

### a significant emissions unit thatrelies on an emission factorto calculate PAL pollutant emissions shall conduct validation testing to determine 

### a site-specific emission factor within six months ofPAL permitissuance, unless the Division determines that testing is not required.XV.K.7. A source owneroroperatormustrecord andreportmaximumpotentialemissions without considering enforceable emission limitations oroperationalrestrictions foran emissions unitduring anyperiod oftime that there is no monitoring data, unless anothermethodfor determining emissions during such periods is specifiedin the PAL permit. XV.K.8. Notwithstanding the requirements in Sections XV.K.3. through XV.K. 7., where an owner oroperatorofan emissions unitcannotdemonstrate 

### a correlation between the monitored parameter(s) and the PAL pollutantemissions rate atalloperatingpoints ofthe emissions unit, the Division shall, atthe time of permitissuance: XV.K.8.a. Establish default value(s) fordetermining compliance with the PAL basedon the highestpotentialemissions reasonably estimatedatsuch operatingpoint(s); or XV. K. 8.b. Determine thatoperation ofthe emissions unitduring operating conditions when there is no correlation between monitoredparameter(s) and the PAL pollutantemissions is 

### a violation ofthe PAL. XV.L. Re-validation. Alldata used to establish the PAL pollutantmustbe re-validated through performance testing or otherscientifically validmeans approvedbythe Division. Such testing mustoccuratleastonce everyfive years afterissuance ofthe PAL. XV.M. Recordkeeping requirements. XV.M.1. The PAL permitshallrequire an owneroroperatorto retain 

### a copyofallrecords necessaryto determine compliance with anyrequirement ofSection XV. ofthis partand ofthe PAL, including

### a determination ofeach emissions unit's twelve-month rolling total emissions, forfive years from the date ofsuch record. XV.M.2. The PAL permitshall require an owneroroperatorto retain a copyofthe following records forthe duration ofthe PAL effectiveperiodplus five years: XV.M.2.a. A copyofthe PAL permitapplication andanyapplications forrevisions to the PAL; and XV.M.2.b. Each annualcertification ofcompliance pursuant to Part

### C ofthis regulation, and the data relied on in certifying the compliance. XV.N. Reporting andnotification requirements. The owneroroperatorshallsubmitsemi-annualmonitoring reports andprompt deviation reports to the Division in accordance with the requirements ofthe applicable Title Vpermitand Section V. 

### C.7. ofPart

### C ofthis regulation. The reports shallmeetthe requirements in Sections XV. K. 11.

### a. through XV.K.11.c. below. XV.N.1. Semi-Annual Report. The semi-annual reportshallbe submitted to the Division within thirtydays ofthe end ofeach reportingperiod. This reportshallcontain the information requiredbythe Title Vpermit, Section V.C. 

### 7.a. ofPart

### C ofthis regulation, and Sections XV.N.1.a. through XV.N.1.g., below. XV.N.1.a. The identification ofownerandoperatorand the permitnumber.XV.N.1.b. Total annualemissions (tons/year) basedon 

### a twelve-month rolling total for each month in the reportingperiodrecordedpursuant to Section XV.K.10.a. XV.N.1.c. Alldata relied upon, including, butnotlimited to, any QualityAssurance or Quality Controldata, in calculating the monthlyandannualPAL pollutant emissions shallbe made available upon request bythe Division. XV.N.1.d. A listofanyemissions units modifiedoradded to the majorstationarysource during the preceding six-month period. XV.N.1.e. The number, duration, andcause ofanydeviations ormonitoring malfunctions (otherthan the time associated with zero andspan calibration checks}, andany corrective action taken. XV.N.1.f. A notification ofa shutdown ofanymonitoring system, whetherthe shutdown was permanentortemporary, the reason forthe shutdown, the anticipateddate that the monitoringsystem willbe fully operational orreplaced with another monitoringsystem, whetherthe emissions unit(s) monitoredbythe monitoring system continued to operate, andcalculations ofemissions from those units as providedby Section XV.K. 7. ofthis part. XV.N.1.g. A signedstatementbythe responsible official (as defined in Section 1.8.40. of PartA ofthis regulation) certifying the truth, accuracy, andcompleteness ofthe information providedin the report. XV.N.2. Deviation report. The majorstationarysource owneroroperatorshallpromptlysubmitreports ofanydeviations or exceedance ofthe PAL requirements, includingperiods where no monitoring is available. A report submittedpursuant to Section V.

### C. 7.b. ofPart

### C ofthis regulation shallsatisfythis reporting requirement. The deviation reports shallbe submitted within the time limits prescribedbySection 

### V.C. 7.b. ofPart

### C. The reports shall contain the following information: XV.N.2.a. The identification ofownerandoperatorand the permitnumber; XV.N.2.b. The PAL requirement that experienced the deviation orthatwas exceeded; XV.N.2.c. Emissions resulting from the deviation orthe exceedance; and XV.N.2.d. A signedstatementby the responsible official (as defined in Section 1.8.40. of PartA ofthis regulation) certifying the truth, accuracy, andcompleteness ofthe information providedin the report. XV.N.3. Re-validation results The owneroroperatorshall submit to the Division the results ofanyrevalidation test ormethod within three months aftercompletion ofsuch test ormethod. XV.O. Ifanyprovision ofthis Section, orthe application ofsuch provision to anyperson orcircumstance, is heldinvalid, the remainderofthis Section, orthe application ofsuch provision topersons or circumstances otherthan those as to which itis heldinvalid, shall notbe affected thereby. 

### PARTE RESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS Reserved for Environmental Management Systems

### PART F REGIONAL HAZE LIMITS- BEST AVAILABLE RETROFIT TECHNOLOGY (BART) AND REASONABLE PROGRESS (RP) The provisions of Section VI (Regional Haze Determinations) and VII (MRR) of Regulation 3, Part F shall be incorporated into Colorado's Regional Haze State Implementation Plan. All other Sections of Regulation 3, Part F are State-Only. The provisions of Part 51, Appendix Y, Title 40, ofthe Code of Federal Regulations (CFR), promulgated by the U.S. Environmental Protection Agency listed in this Section are hereby incorporated by reference by the Air Quality Control Commission and made a part ofthe Colorado Air Quality Control Commission Regulations as modified by the following Regulation Number 3, Part F. Materials incorporated by reference are those in existence as July 6, 2005 and do not include later amendments. The material incorporated by reference is available for public inspection during regular business hours atthe Office of the Commission, located at4300 Cherry Creek Drive South, Denver, Colorado 80246, or may be examined atany state publications depository library. Parties wishing to inspectthese materials should contact the Technical Secretary ofthe Commission, located atthe Office ofthe Commission. 

### I. Applicability The provisions ofthis regulation apply to existing stationary facilities (BART_eligible sources), as defined in Section II.I. ofthis regulation, as well as to Reasonable Progress (RP) sources. 

### II. Definitions II

### .A. Adverse impact on visibility Means visibility impairmentthat interferes with the management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe Federal Class I area. This determination must be made on a case-by-case basis taking into accountthe geographic extent, intensity, duration, frequency and time ofvisibility impairments, and howthese factors correlate with (1) times of visitor use ofthe Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas. II.B. Available Technology Means that a technology is licensed and available through commercial sales. II.C. Applicable Technology Means a commercially available control option that has been or may soon be deployed on the same ora similar source type or a technology that has been used on a pollutant-bearing gas stream that is the same or similarto the gas stream characteristics ofthe source. II.D. Average Cost Effectiveness Means the total annualized costs ofcontrol divided by annual emissions reductions (the difference between baseline annual emissions and the estimate ofemissions aftercontrols). For the purposes ofcalculating average cost effectiveness, baseline annual emissions means a realistic depiction ofanticipated annual emissions for the source. The source orthe Division may use state or federally enforceable permit limits or estimate the anticipated annual emissions based upon actual emissions from a representative baseline period. II.E. BARTAlternativeMeans an alternative measure to the installation, operation, and maintenance of BART that will achieve greater reasonable progress toward national visibility goals than would have resulted from the installation, operation, and maintenance of BART at BART-eligible sources within industry source categories subject to BART requirements. II.F. BART-eligible source Means an existing stationary facility as defined in Section II.I. II.G. BestAvailable Retrofit Technology (BART) Means an emission limitation based on the degree of reduction achievable through the application ofthe best system ofcontinuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs ofcompliance, the energy and non-air quality environmental impacts ofcompliance, any pollution control equipment in use or in existence atthe source or unit, the remaining useful life ofthe source or unit, and the degree of improvement in visibility which may reasonably be anticipated to result from the use ofsuch technology. II.H. Deciview Means a measurement ofvisibility impairment. A deciview is a haze index derived from calculated light extinction, such that uniform changes in haziness correspond to uniform incremental changes in perception across the entire range ofconditions, from pristine to highly impaired. The deciview haze index is calculated based on the following equation (forthe purposes ofcalculating deciview, the atmospheric light extinction coefficient must be calculated from aerosol measurements): Deciview haze index=10 lne (bext/10 Mm-1) Where bext= the atmospheric light extinction coefficient, expressed in inverse megameters (Mm-1). II.I. Existing stationary facility Means any ofthe following stationary sources ofair pollutants, including any reconstructed source, which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and has the potential to emit 250 tons per year or more ofany visibility impairing air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted. 11.1.1. Fossil-fuel fired steam electric plants of more than 250 million British thermal units (BTU) per hour heat input that generate electricity for sale 11.1.1.a. Boiler capacities shall be aggregated to determine the heat input ofa plant 11.1.1.b. Includes plants that co-generate steam and electricity and combined cycle turbines 11.1.2. Coal cleaning plants (thermal dryers) 11.1.3. Kraft pulp mills11.1.4. Portland cement plants 11.1.5. Primary zinc smelters 11.1.6. Iron and steel mill plants 11.1.7. Primary aluminum ore reduction plants 11.1.8. Primary copper smelters 11.1.9. Municipal incinerators capable of charging more than 250 tons of refuse per day 11.1.10. Hydrofluoric, sulfuric, and nitric acid plants 11.1.11. Petroleum refineries 11.1.12. Lime plants 11.1.13. Phosphate rock processing plants Includes all types of phosphate rock processing facilities, including elemental phosphorous plants aswell as fertilizer production plants 11.1.14. Coke oven batteries 11.1.15. Sulfur recovery plants 11.1.16. Carbon black plants (furnace process) 11.1.17. Primary lead smelters 11.1.18. Fuel conversion plants 11.1.19. Sintering plants 11.1.20. Secondary metal production facilities Includes nonferrous metal facilities included within Standard Industrial Classification code 3341, and secondary ferrous metal facilities in the category "iron and steel mill plants." 11.1.21. Chemical process plants Includes those facilities within the 2-digit Standard Industrial Classification 28, including pharmaceutical manufacturing facilities 11.1.22. Fossil-fuel boilers of more than 250 million BTUs per hour heat input 11.1.22.a. Individual boilers greaterthan 250 million BTU/hr, considering federally enforceable operational limits 11.1.22.b. Includes multi-fuel boilers that burn at leastfifty percent fossil fuels 11.1.23. Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels11.1.23.a. 300,000 barrels refers to total facility-wide tank capacity for tanks put in place afterAugust 7, 1962 and in existence on August 7, 1977 11.1.23.b. Includes gasoline and other petroleum-derived liquids. 11.1.24. Taconite ore processing facilities 11.1.25. Glass fiber processing plants 11.1.26. Charcoal production facilities Includes charcoal briquette manufacturing and activated carbon production II.J. Incremental Cost Effectiveness Means the comparison ofthe costs and emissions performance level ofa control option to those ofthe next most stringent option, as shown in the following formula: Incremental Cost Effectiveness (dollars per incremental ton removed)= [(Total annualized costs of control option)- (Total annualized costs of next control option)]+ [(Next Control option annual emissions)- (control option annual emissions)] II.K. In existence Means that the owner or operator has obtained all necessary preconstruction approvals or permits required by Federal, State, or local air pollution emissions and airquality laws or regulations and either has (1) begun, orcaused to begin, a continuous program of physical onsite construction ofthe facility or (2) entered into binding agreements orcontractual obligations, which cannot be cancelled or modified without substantial loss to the owner oroperator, to undertake a program ofconstruction ofthe facility to be completed in a reasonable time. II.L. In operation Means engaged in activity related to the primary design function ofthe source. II.M. Integral vista Means a view perceived from within the mandatory Class I Federal area ofa specific landmark or panorama located outside the boundary ofthe mandatory Class I Federal area. II.N. Natural conditions Means naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration. 11.0 Plant Means all emissions units ata stationary source. II.P. Visibility-Impairing Air Pollutant Includes the following: II.P.1. Sulfur dioxide (S02),II.P.2. Nitrogen oxides (NOx) and II.P.3. Particulate matter. (PM1 0 will be used as the indicator for particulate matter. Emissions of PM10 include the components of PM2.5 as a subset.). 

### Ill. Sources required to Perform a BART Analysis Each source that the Division determines is BART-eligible and subjectto BART shall complete a BART analysis under Section IV. The Division shall provide written notice to each source determined to be subjectto BART. Within twenty calendar days ofthe mailing ofsuch notice a source may appeal such determination to the Commission by filing a petition for a hearing with the Commission. Any such hearing shall be subject to Section 1.6.0 ofthe Procedural Rules. III.A. Determining Potential to Emit for a BART Source For the purposes ofdetermining whether the potential to emit ofan existing stationary source is greaterthan 250 tpy the potential emissions ofvisibility impairing pollutants from the existing stationary source shall include the emissions from all BART-eligible units which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are underthe control ofthe same person (or persons under common control). Pollutant-emitting activities shall be considered as part ofthe same industrial grouping ifthey belong to the same Major Group (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual. Ill.B. Identification ofsources subject to BART III.B.1. Identification ofsources subjectto BART shall be performed in accordance with EPA's guidelines for BART determinations underthe regional haze rule 40 CFR Part 51, Appendix Y. A BART-eligible source described in Section III.A, above, is subject to BART unless valid air quality dispersion modeling demonstrates that the source will not cause or contribute to ·visibility impairment in any Class I area. III.B.1.a. A single source that is responsible for a 1.0 deciview change or more is considered to "cause" visibility impairment in any Class I area. III.B.1.b. A single source that is responsible for a 0.5 deciview change or more is considered to "contribute" visibility impairment in any Class I area. III.B.1.c. A single source is exemptfrom BART ifthe 981h percentile daily change in visibility, as compared against natural background conditions, is less than 0.5 deciviews at all Class Ifederal areas for each year modeled and for the entire multi-year modeling period. III.B.2. The Division will perform air quality dispersion modeling for each source identified as BART-eligible, for all visibility impairing pollutants, for class I areas. The modeling results will be provided to each source. 

### IV. BART Analysis IV.A. Presumptive BART for Coal Fired Power Plants IV.A.1. Plants with a Generating Capacity of750 MWor Greater BART-eligible coal fired power plants with a generating capacity of750 MW or GREATER is presumed to be able to meet the presumptive limits. Regardless ofwhether or not a unit can meetthe presumptive BART limits the source mustcomplete a BART analysis. IV.A.2. Other Coal Fired Power Plants The Division shall use the presumptive BART limits ofsection IV.A.3. as guidelines and may establish a BART level for the unit either above or below the presumptive BART level based on the BART determination. IV.A.3. Coal-Fired Electric Generating Units IV.A.3.a. Sulfur Dioxide Coal-Fired Electric Generating Units: 95 percent reduction or 0.15 lb S02/mmBTU. IV.A.3.b. Nitrogen Oxides

Unit Type Coal Type NOx limit (lb/mm BTU) Dry bottom Wall fired Bituminous 0.39 Sub-bituminous 0.23 Lignite 0.29 Tangential Fired Bituminous 0.28 Sub-bituminous 0.15 Lignite 0.17 Cell Burners Bituminous 0.40 Sub-bituminous 0.45 Dry-turbo-fired Bituminous 0.32 Sub-bituminous 0.23 Wet-bottom tangential- Bituminous 0.62 fired

IV.B. Each source subject to BART pursuant to Section Ill shall submit a BART application for a construction permit, which shall include a BART analysis, a proposal for BART at the source and ajustification for the BART proposal to the Division by August 1, 2006. IV.B.1. The BART analysis must include, at a minimum: IV.B.1.a. A list ofthe demonstrated and potentially applicable retrofit control options for the units subject to BART. Sources are not required toevaluate control options, which are less effective than the controls currently installed on the BART subject source or unit. IV.B.1.b. A discussion ofthe technical feasibility ofeach ofthe technologies identified in Section IV.B.1.a. This discussion should include an analysis ofwhetherthe proposed technology is available and applicable. Ifthe source determines that a technology is nottechnically feasible the discussion shall include a factual demonstration that the option is not commercially available orthat unusual circumstances preclude its application to the emission unit. IV.B.1.c. A ranking ofall the technically feasible technologies identified in Section IV.B.1.b. The ranking shall take into accountvarious emission performance characteristics ofthe technologies. The technologies should be ranked from lowest emissions to highest emissions for each pollutant and each emissions unit. The ranking should include a discussion of pollution control equipment in use atthe unit, including upgrading existing equipment iftechnically feasible. IV.B.1.d. An evaluation ofthe impacts ofthe technically feasible BART options. The impact evaluation shall include: IV.B.1.d.(i). An estimate ofthe Average Cost Effectiveness ofeach ofthe control technologies identified as technically feasible in Section IV.B.1.b. This analysis shall specify the emissions unit being controlled, the design parameters for the emission controls and cost estimates based on those design parameters. The remaining useful life ofthe source or unit may be taken into account in the cost ofthe technologies. The remaining useful life is the difference between: (1) The date that controls will be put in place (capital and other construction costs incurred before controls are put in place can be rolled into the first year); and (2) The date the facility permanently stops operations. Where this affects the BART determination, this date should be assured by a federally- or State-enforceable restriction preventing further operation. The analysis must also include the energy and non-air quality environmental impacts ofcontrol options. IV.B.1.d.(ii). An analysis ofthe incremental cost effectiveness. Before a control technology can be eliminated the source shall evaluate the incremental cost effectiveness in combination with the total cost effectiveness in order to justify elimination ofa control option. IV.B.1.d.(iii). An evaluation ofthe visibility impacts for each BART option according to modeling guidance provided by the Division. IV.B.1.d.(iv). An evaluation of non-air quality impacts. The non-air quality impacts may include water use increases, solid waste disposal, or other adverse environmental impacts. IV.B.1.d.(v). An evaluation ofthe energy impacts. The energy impact analysis should look atthe energy requirements ofthe control technology and any energy penalties or benefits associated with the control. The analysis should also consider direct energy

### consumption and may address concerns overthe use of locally scarce fuels or the use of locally or regionally available coal. IV.B.1.d.(v).(1). The energy impacts analysis may consider whether there are relative differences between alternatives regarding the use of locally or regionally available coal, and whether a given alternative would result in significant economic disruption or unemployment. IV.B.1.e. An evaluation and justification ofthe proposed averaging time to evaluate compliance with the proposed emission limitations. IV.B.1.f.Coal-fired power plants may, in their discretion, include in the BART analysis an evaluation of representative characteristics (including nitrogen content) ofcoal from sources they reasonably expect touse, to the extent such characteristics tend to result in higher NOx emissions than coals ofthe same classification from alternative sources. The analysis also may considerwhether a particular BART limit might lead the power plant notto use coal from a particular mine due to such coal characteristics, and the extentto which such a decision might result in economic disruption or unemployment at the mine or in nearby communities. IV.B.1.g. Sources subject to a MACT standard may limit the analysis for those pollutants covered by the MACTto a discussion of newtechnologies that have become available since the promulgation ofthe MACT. IV.B.2. Sources with a potential to emit of less than 40 tons peryear of S02 and NOx and less than 15 tpy of PM10 may exclude those pollutants from the BART determination. IV.B.3. Selecting a best alternative The source shall submit a proposal for BART at the source or unit(s), including a justification for selecting the technology proposed. Thejustification shall be based on the following factors: (1) the technology available; (2) the costs ofcompliance; (3) the energy and non-air environmental impacts ofcompliance; (4) any pollution control equipment in use at the source or unit(s); (5) the remaining useful life ofthe source or unit(s) and; (6) the degree of improvement in visibility which may reasonably be anticipated to result from the use ofsuch technology. IV.B.4. Schedules to comply with BART emissions limits IV.B.4.a. The technology analysis shall include a schedule to comply with BART ora BART alternative as expeditiously as practicable following EPA approval ofthe state implementation plan for regional haze that incorporates such BART requirements. The source must comply with BART or BART alternative emissions limits no laterthan 5 years after approval ofthe state implementation plan by EPAfor regional haze.IV.B.4.b. A source or unit subject to BART may implement a BART alternative in lieu of BART ifsuch BART alternative is authorized by the Division. IV.C. BART AlternativeAs an alternative to BART for a source orsources, the Divisionmay approve a BARTAlternative. Ifthe Division approves source grouping as a BART Alternative, only sources (including BARTeligible and non-BART eligible sources) within the same source category (as defined by SIC or NAICS code) within the same airshed may be grouped together. IV.C.1. Ifa Source (s) proposes a BART Alternative, the resultant emissions reduction and visibility impacts must be compared with those thatwould result from the BART options evaluated for the source(s). IV.C.2. Source (s) proposing a BART alternative shall include in the BART analysis an analysis and justification ofthe averaging period and method ofevaluating compliance with the proposed emission limitation. IV.D. Emission limits IV.D.1. Coal-Fired Electric Generating Units Compliance with the emission limitation is determined on a 30-day rolling average basis for S02 and NOx, or may be determined by the Division based on the BART analysis submitted by the source. The emission limit shall be included in the facility's permit. IV.D.2. Other Sources Subjectto BART The Division will establish emission limits with averaging times consistentwith established reference methods and include the limit in the facility's permit. IV.E. A source that has installed BART for regional haze or implemented a Division approved BART alternative for regional haze is exempted from the imposition offurther controls pursuant to regional haze BART with respect to those pollutants that are controlled through BART orthe BART alternative for Regional Haze and is exempted from the imposition offurther controls necessary for reasonable progress during the first reasonable progress planning period. Sources may be subject to additional controls or emission reductions based on reasonable progress requirements in planning periods beyond the first planning period underthe regional haze State Implementation Plan. IV.F. Division Review and Approval IV.F.1. The Division shall review and approve, disapprove or amend the proposed BART technology or BART alternative, including the emission limit, schedule for compliance forthe facility, and averaging period. The Division shall consider additional information both submitted and not submitted by the source that is deemed relevant. The Division shall submit its BART determination to the Commission for review and approval. IV.F.2. Iftwo or more sources are grouped together pursuant to Section IV.C. the Division shall establish recordkeeping and reporting requirements sufficient to determine that the sources meetthe BART alternative emission limits. IV.F.3. Any source seeking to modify the BART determination forthat facility must submit a new BART analysis for review by the Division. 

### V. Challenge of Division BART Determinations and Enforceable Agreements. V.A. Persons affected or aggrieved by a BART determination may challenge the decision ofthe Commission pursuant to Article 4 ofTitle 24, C.R.S.

### VI. Regional Haze Determinations VI.A. BART Determinations VI. A.1. The provisions ofthis Section VI.A of Regulation Number 3, Part F shall be incorporated into Colorado's Regional Haze State Implementation Plan. VI.A.2. The sources listed below shall not emit orcause to be emitted nitrogen oxides (NOx), sulfurdioxide (S02), or particulate in excess ofthe following limits:



### BART Determinations for Colorado Sources Unit NOx Emission Limit 502 Emission Limit Particulate Emission Limit CENC Unit4 0.37 lb/MMBtu (30-day rolling average) 1.0 lb/MMBtu 0.07 lb/MMBtu

or (30-day rolling average) 0.26 lb/MMBtu Combined Average for Units 4 and 5 (30-day rolling average) CENC Unit 5 0.19 lb/MMBtu (30-day rolling average) 1.01b/MMBtu 0.07 lb/MMBtu

or (30-day rolling average) 0.26 lb/MMBtu Combined Average for Units 4 and 5 (30-day rolling average) Craig Unit 1 0.28 lb/MMBtu 0.11 lb/MMBtu 0.03 lb/MMBtu (30-day rolling average) (30-day rolling**avera_g_~** Craig Unit 2 0.08 lb/MMBtu 0.11 lb/MMBtu 0.03 lb/MMBtu (30-day rolling average)* (30-day rolling average) *The NOx emission limits for Craig Units 1 and 2 constitute a BART Alternative.



### Unit NOx Emission Limit 502 Emission Limit Particulate Emission LimitComanche 0.20 lb/MMBtu 0.12 lb/MMBtu 0.03 lb/MMBtu Unit 1 (30-day rolling average) (individual unit 30-day rolling average) 0.15 lb/MMBtu 0.10 lb/MMBtu (combined annual average for units 1 & 2) (combined annual average for units 1 & 2) Comanche 0.20 lb/MMBtu 0.121b/MMBtu 0.03 lb/MMBtu Unit2 (30-day rolling average) (individual unit 30-day rolling average) 0.151b/MMBtu 0.10 lb/MMBtu (combined annual average for units 1 & 2) (combined annual average for units 1 & 2) Hayden Unit 1 0.081b/MMBtu 0.13 lb/MMBtu 0.03 lb/MMBtu (30-day rolling average) (30-day rolling average)

Hayden Unit2 0.07 lb/MMBtu 0.13 lb/MMBtu 0.03 lb/MMBtu (30-day rolling average) (30-day rolling average)

Martin Drake 0.31 lb/MMBtu 0.26 lb/MMBtu 0.03 lb/MMBtu Unit 5 (30-day rolling average) (30-day rolling average)

Martin Drake 0.311b/MMBtu 0.131b/MMBtu 0.03 lb/MMBtu Unit6 (30-day rolling average) (30-day rolling average)

Martin Drake 0.29 lb/MMBtu 0.131b/MMBtu 0.03 lb/MMBtu Unit 7 (30-day rolling average) (30-day rolling average)CEMEX- 255.3 lbs/hr 25.3 lbs/hr 0.275 lb/ton of Lyons Kiln dry feed 20% (30-day rolling average) (12-month rolling average) opacity 901.0 tons/year 95.0 tons/yr (12-month rolling average) (12-month rolling average)

CEMEX- 13.9 tons/yr 36.7 tons/yr 22.8 tons/yr Lyons Dryer 10% opacity VI.A.3. Each source listed in the above tables must comply with the above limits and averaging times as expeditiously as practicable, but in no event laterthan five years after EPA approval ofColorado's state implementation plan for regional haze, or relevant component thereof. Each source listed in the above tables must maintain control equipment oroperational practices required to comply with the above limits and averaging times, and establish procedures to ensure that such equipment oroperational practices are properly operated and maintained. VI.A.4. The sources shall submitto the Division a proposed compliance schedule within sixty days after EPA approves the BART portion ofthe Regional Haze SIP. The Division shall publish these proposed schedules and provide for a thirty-day public comment period following publication. The Division shall publish its final determinations regarding the proposed schedules for compliance within sixty days after the close ofthe public comment period and will respond to all public comments received

.

. VI.B. Reasonable Progress Determinations VI.B.1. The provisions ofthis Section VI.B of Regulation Number 3, Part F shall be incorporated into Colorado's Regional Haze State Implementation Plan. VI.B.2. The sources listed below shall not emit or cause to be emitted nitrogen oxides (NOx), sulfur dioxide (S02), or particulate in excess ofthe following limits:

RP Determinations for Colorado Sources

Emission Unit NOx Emission Limit S02Emission Limit Particulate Emission Limit

Rawhide 0.145 lb/MMBtu 0.11 lb/MMBtu 0.03 lb/MMBtu Unit 101 (30-day rolling average) (30-day rolling average)

CENC 246 tons peryear 1.2 lb/MMBtu 0.07 lb/MMBtu Unit 3 (12-month rolling total)**----------------------~----**

RP Determinationsfor Colorado Sources

Emission Unit NOx Emission Limit S02Emission Limit Particulate Emission Limit

Nixon 0.21 lb/MMBtu 0.11 lb/MMBtu 0.03 lb/MMBtu (30-day rolling average) (30-day rolling average)

Clark Shutdown 12/31/2013 Shutdown 12/31/2013 Shutdown 12/31/2013 Units 1 

### & 2 Shutdown 12/31/2013

Holcim - Florence 2.73 lbs/ton clinker 1.30 lbs/ton clinker 246.3 tons/year Kiln (30-day rolling average) (30-day rolling average) 2,086.8 tons/year 721.4 tons/year

Nucla 0.5 lb/MMBtu 0.4 lb/MMBtu 0.03 lb/MMBtu (30-day rolling average) (30-day rolling average)

RP DeterminationsforColorado Sources

Emission Unit NOx Emission Limit S02Emission Limit Particulate Emission Limit Craig 0.28 lb/MMBtu 0.15 lb/MMBtu 0.013 lb/MMBtu filterable PM Unit 3 (30-day rolling average) (30-day rolling average) 0.012 lb/MMBtu filterable PM10 Cameo Shutdown 12/31/2011 Shutdown 12/31/2011 Shutdown 12/31/2011 Shutdown 12/31/2011 VI.B.3. Each source listed in the above table mustcomply with the above limits and averaging times as expeditiously as practicable, but in no event laterthan December 31, 2017. Each source listed in the above table must maintain control equipment oroperationalpractices required to comply with the above limits and averaging times, and establish procedures to ensure that such equipment oroperational practices are properly operated and maintained. VI.B.4. The sources shall submitto the Division a proposed compliance schedule within sixty days after EPA approves the RP portion ofthe Regional Haze SIP. The Division shall publish these proposed schedules and provide for a thirty-day public comment period following publication. The Division shall publish its final determinations regarding the proposed schedules for compliance within sixty days after the close ofthe public comment period and will respond to all public comments received. VI.C. Public Service Company ofColorado (PSCo) BARTAlternative Program VI.C.1. The provisions ofthis Section VI.C of Regulation Number 3, Part F (with the exception of the S02 cap ofsubsection VI.C.4) shall be incorporated into Colorado's Regional Haze State Implementation Plan. VI.C.2. The sources listed below shall not emit orcause to be emitted nitrogen oxides (NOx), sulfur dioxide (S02), or particulate in excess ofthe following limits, afterthe following compliance dates:

BART Alternative Program Determinations for PSCo Sources

Emission Unit NOx Emission Limit S02 Emission Limit Particulate Emission Limit Cherokee* 

### 0 0 0 Unit 1 Shutdown No laterthan Shutdown No laterthan Shutdown No later 7/1/2012 7/1/2012 than 7/1/2012 Shutdown No later than 7/1/2012 Cherokee 0 0 0 Unit2 Shutdown 12/31/2011 Shutdown 12/31/2011 Shutdown 12/31/2011 Shutdown 12/31/2011 Cherokee 0 0 0 Unit 3 Shutdown No later than Shutdown No later than Shutdown No laterthan Shutdown No later 12/31/2016 12/31/2016 12/31/2016 than 12/31/2016Cherokee 0.12 lb/MMBTU 7.81 tpy 0.03 lbs/MMBtu Unit4 (30-day rolling average) by (rolling 12 month Natural Gas Operation 12/31/2017 average) 12/31/2017 Natural Gas Operation Natural Gas Operation 12/31/2017 12/31/2017 Valmont 0 0 0 Unit 5 Shutdown 12/31/2017 Shutdown 12/31/2017 Shutdown 12/31/2017 Shutdown 12/31/2017 Pawnee 0.07 lb/MMBTU 0.12 lbs/MMBtu 0.03 lbs/MMBtu (30-day rolling average) by (30-day rolling average) 12/31/2014 by 12/31/2014 Arapahoe** 0 0 0 Unit 3 Shutdown 12/31/2013 Shutdown 12/31/2013 Shutdown 12/31/2013 Shutdown 12/31/2013 Arapahoe 600 tpy on 1.28 tpy 0.03 lbs/MMBtu Unit4 (rolling 12 month average) (rolling 12 month Natural Gas operation average) 12/31/2014 Natural Gas operation12/31/2014 Natural Gas operation 12/31/2014 * 500 tpy NOxwill be reserved from Cherokee Station for netting oroffsets ** 300 tpy NOx will be reserved from Arapahoe Station for netting oroffsets for additional natural gas generation VI.C.3. Each source listed in the above table musteither shut down or comply with the above limits and averaging times no laterthan the compliance date setforth in the above table. Each source listed in the above table must maintain any applicable control equipment required to comply with the above limits and averaging times, and establish procedures to ensure that such equipment is properly operated and maintained. VI.C.4. In addition to the above listed emission limits and compliance dates, between 1/1/2013 and 12/31/2015, Cherokee Units 3 and 4 and Valmont, considered as a whole, shall not emit in excess of4,200 tons ofS02 per year as determined on a calendar year annual basis. Between 1/1/2016 and 12/31/2017 Cherokee Unit 4 and Valmont considered as a whole, shall not emit in excess of3,450 tons of S02 peryear as determined on a calendar year annual basis. VII. Monitoring, Recordkeeping, and Reporting for Regional Haze LimitsThe provisions ofthis Section VII of Regulation 3, Part F shall be incorporated into Colorado's Regional Haze State Implementation Plan. Federal Regulations Adopted by Reference The following regulations promulgated by the United States Environmental Protection Agency (EPA) were previously adopted by the Colorado Air Quality Control Commission and are thereby already incorporated by reference: 40 CFR Part 60 and Appendices (As incorporated by reference within Commission Regulation Number 6, 5 CCR 1001-8) 40 CFR Part 63, Subpart A- National Emission Standards for HazardousAir Pollutants General Provisions and Subpart LLL

- National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry (As incorporated by reference within Commission Regulation Number 8, Part A, 5 CCR 1001-10). 40 CFR Part 64 (As incorporated by reference within Commission Regulation Number 3, Part C Section XIV., 5 CCR 1001-5) 40 CFR Part 75 including Performance Specifications and Appendices (As incorporated by reference within Commission Regulation Number 6, 5 CCR 1001-8) VII.A. Definitions VII.A.1. "BART alternative program unit" means any unit subjectto a Regional Haze emission limit contained in the Table in Regulation Number 3, Part F, Section VI.C. VII.A.2. "BART unit" means any unit subject to a Regional Haze emission limit contained in the Table in Regulation Number 3, Part F, Section VIA VII.A.3. "Continuous emission monitoring system" or "GEMS" means the equipment required by Regulation Number 3, Part F, Section VII, to sample, analyze, measure, and provide (using an automated data acquisition and handling system (DAHS)), a permanent record ofS02 or NOx emissions, other pollutant emissions, diluent§, or stack gas volumetric flow rate. VII.A.4. "Operating day" means any twenty-four-hour period between midnight and the following midnight during which any fuel is combusted at any time in a BART unit, BART alternative program unit, or Reasonable Progress unit. VII.A.5. "Reasonable Progress unit" or "RP unit" means any unit subject to a Regional Haze emission limit contained in the Table in Regulation Number 3, Part F, Section VI.B. VII.A.6. "Regional Haze emission limit" means any ofthe emission limits specified in the Tables contained in Regulation Number 3, Part F, Section VI. VII.B. Monitoring/Compliance Determination: S02 and NOx Regional Haze Limits VII.B.1. BART, RP, and BART alternative program units with S02 and NOx GEMS. VII.B.1.a. All Boilers, except CENC and Clark boilers. The owner or operator ofa boiler subject to this section shall comply with the Part 75 monitoring and recordkeeping requirements as incorporated by reference into thisregulation with the exception ofthe continuous emission monitoring system (GEMS) data substitution and bias adjustment requirements. At all times after the compliance deadline specified in Regulation Number 3, Part F, Section VI.A.3., VI.B.3. or VI.G.3., the owner/operator ofeach BART, RP, ·or BART alternative program unit shall maintain, calibrate, and operate a GEMS, in full compliance with the requirements found at 40 GFR Part 75 not excluded above, to accurately measure from such unit S02, NOx, diluent, and stack gas volumetric flow rate as such parameters are relevant to the applicable emission limit. The GEMS shall be used to determine compliance with the S02 and NOx Regional Haze emission limits for each such unit. Such limits are expressed in units of pounds per million Btu. The owner/operator shall calculate emissions in the applicable units. In determining compliance with the S02 and NOx Regional Haze limits, all periods of emissions shall be included, including startups, shutdowns, emergencies, and malfunctions. VII.B.1.a.(i). Pounds Per Million Btu Regional Haze Limits For any hour in which fuel is combusted in the BART, RP, or BART alternative program unit, owner/operator shall calculate hourly average S02 and NOx concentrations in pounds per million Btu at the GEMS in accordance with the requirements of40 GFR Part 75 except for Part 75 requirements excluded by Section VII. B.1.a. These hourly averages shall then be used to determine compliance in accordance with the particular limit's averaging period, as follows: VII.B.1.a.(i).(1). Regional Haze limits with a 3-hour averaging period: Emissions shall be calculated on a 3-hour rolling average basis. Atthe end ofeach operating hour, the owner/operator shall calculate and record a new 3-houraverage emission rate in lb/MMBtu from the arithmetic average ofthe valid hourly emission rates from the GEMS for the previous three operating hours. (An operating hour is any hour in which fuel is combusted for any time in the unit.) VII.B.1.a.(i).(2). Regional Haze limits with a 30-day averaging period: Before the end ofeach operating day, the owner/operator shall calculate and record the 30-day rolling average emission rate in lb/MMBtu from all valid hourly emission values from the GEMS forthe previous 30 operating days. VII.B.1.a.(i).(3). Regional Haze limits with a 90-day averaging period: Before the end ofeach operating day, the owner/operator shall calculate and record the 90-day rolling average emission rate in lb/MMBtu from all valid hourly emission values from the GEMS for the previous 90 operating days. VII.B.1.a.(i).(4). Regional Haze limits with a 12-month averaging period: Before the end ofeach month, the owner/operator shall calculate and record the 12-month rolling average emission rate in lb/MMBtu from all valid hourly emission values from the GEMS for the previous 12 months. VII.B.1.a.(i).(5). Regional Haze limits with an annual calendar averaging period: Emissions shall be calculated on a calendaryear basis.Within 30 days after the end ofeach calendar year, the owner/operator shall calculate and record a newemission rate in lb/MMBtu from the arithmetic average ofall valid hourly emission rates from the CEMS for the preceding year. VII.B.1.a.(i).(6). Comanche Units 1 and 2 Regional Haze combined annual average limits. The combined annual limitations for NGX NOx and S02 are on a 365-operating day rolling average. Before the end ofeach operating day, the owner/operator shall calculate and record an annual rolling average using data from the previous 365 operating days in accordance with the following equation. Combined emission rate (lb/MMBtu) = [(ER1)(HI1) + (ER2)(HI2)]/(H11 + Hl2) Where: ER1 =average emission rate overthe 365 operating day period. This is an average ofall valid hours within the 365 operating day period for Unit 1. Hl1 = total heat input overthe 365 operating day period for Unit 1. ER2 = average emission rate over the 365 operating day period. This is an average ofall valid hours within the 365 operating day period for Unit 2. Hl2 =total heat input over the 365 operating day period for Unit2. VII.B.1.b. Portland Cement Kilns and CENC and Clark Boilers: At all times afterthe compliance deadline specified in Regulation Number 3, Part F, Section VI.A.3., orVI.B.3., the owner/operator ofeach BART or RP unit shall maintain, calibrate and operate a CEMS in full compliance with the requirements in 40 CFR Part 60 Section 60.13 and Part 60 Appendices A, B and F to accurately measure S02, NGXNOxand diluent, ifdiluent is required. The CEMS shall be used to determine compliance with the S02 and NGXNOx Regional Haze emission limits for each such unit. For particular units, such limits are expressed in units of pounds per hour, tons peryear, pounds perton clinker or pounds per million Btu. The owner/operator shall calculate emissions in the applicable units. In determining compliance with the S02 and NGXNOx Regional Haze limits, all periods ofemissions shall be included, including startups, shutdowns, emergencies and malfunctions. VII.B.1.b.(i). Pounds per Hourand Tons per Year Regional Haze Limits and Pounds per Million Btu Regional Haze Limits. For any hour in which fuel is combusted in the BART or RP unit, the owner/operator shall calculate hourly NOx and S02 emissions in the appropriate units (lbs/hr) or (lbs/MMbtu) in accordance with the provisions in 40 CFR Part 60. These hourly values shall be used to determine compliance in accordance with the particular limits averaging time, as follows: VII.B.1.b.(i).(1). Pounds per Hour or Pounds per Million Btu Regional Haze Limits on a 30-day rolling average, Before the end ofeach operating day, the owner/operator shall calculate and record the 30-day rolling average emission rate in lb/MMBtu or lb/hrfrom all valid hourly emission values from the CEMS forthe previous 30 operating days.VII.B.1.b.i.(2). Pounds per Hour on a 12-month rolling average. Before the end ofeach month, the owner/operator shall calculate and record the 12-month rolling average emission rate in lb/hrfrom all valid hourly emission values from the CEMS for the previous 12 months. VII.B.1.b.i.(3). Tons peryear Regional Haze Limits on a 12-month rolling average. Before the end ofeach month, the owner/operator shall calculate and record the total emissions in tons/yrfrom all valid hourly emission values from the CEMS forthe previous 12 months. VII.B.1.b.(ii). 30-Day Rolling Average Pounds perTon Clinker Regional Haze Limits

. Hourly clinker production shall be determined in accordance with the requirements in 40 CFR Part 60 Subpart F Section 60.63(b). An operating day includes all valid data obtained in any daily 24-hour period during which the kiln operates and excludes any measurements made during the daily 24-hour period when the kiln was not operating. The 30- operating day rolling emission rate ofNGX-NOx and**~S02** shall be calculated and recorded as the total ofall hourly emissions data for a cement kiln in the preceding 30 operating days, divided by the total tons ofclinker produced in that kiln during the same 30-day operating period in accordance with the equation in 40 CFR Part 60 Subpart F Section 60.64(c). VII.B.1.b.(iii). CENC Units 4 and 5 NGXNOx Regional Haze limits: For any hour in which fuel is combusted in CENC Unit 4 or Unit 5, the owner/operator shall calculate hourly NGXNOx emissions in the appropriate units (lbs/MMbtu) in accordance with the provisions in 40 CFR Part 60. These hourly values shall be used to determine compliance with the Regional Haze limits, as follows: VII.B.1.b.(iii).(1). Individual unit pound per Million Btu on a 30-day rolling average Regional Haze Limit: Before the end ofeach operating day, the owner/operator shall calculate and record the 30-day rolling average emission rate in lb/MMBtu from all valid hourly emission values from the CEMS for the previous 30 operating days, OR VII.B.1.b.(iii).(2). Combined units 4 and 5 lbs/MMbtu 30-day rolling average Regional Haze Limit: Before the end ofeach operating day, the owner/operator shall calculate and record a 30-day rolling average using data from the previous 30 operating days in accordance with the following equation: Average ER 

### = [(ER4)(HI4)+(ER5)(HI5)] 

### I [(HI4)+(HI5)] Where: ER4 

### = average NGXNOx emission rate, in pounds per MMbtu overthe 30 day period. This is an average ofall valid hours within the 30 operating day period for Unit 4.

### ER5 = average NGXNOx emission rate, in pounds per MMbtu overthe 30 day period. This is an average ofall valid hours within the 30 operating day period for Unit 5. Hl4 =Total heat input overthe 30 operating day period for Unit 4. HIS= Total heat input overthe 30 operating day period for Unit 5. VII.B.1.b.(iii).(3). The owner oroperator shall indicate in the excess emission reports required by Section VII.E ofthis Part F, which compliance demonstration method has been followed for the reporting period. VII.B.2. BART and RP Units without NGXNOx and S02 CEMS. VII.B.2.a. CENC Unit 3. Compliance with the S02 limitations shall be determined by sampling and analyzing each shipment ofcoal for the sulfur and heat content using the appropriate ASTM Methods. In lieu ofsampling, vendor receipts may be used provided the sampling and analysis was conducted in accordance with the appropriate ASTM Method. Each sample orvendor receipt must indicate compliance with the S02 limitation. Compliance with the annual NOx limits shall be monitored by recording fuel consumption and calculating emissions monthly using the appropriate AP-42 emission factor. Monthly emissions shall be calculated by the end ofthe subsequent month and shall be used in a rolling twelve month total to monitor compliance with the annual limitations. Each month a newtwelve month total shall be calculated using the previous 12 months data. [*Note: CENC Unit 3 is not subject to annual S02 limits.] VII.B.2.b. CEMEX Dryer. Unless performance tests were completed within the previous 6 months, within 60 days ofthe compliance deadline specified in Regulation Number3, Part F Section VI.A.3, the owner/operator shall conduct a stack test to measure NGXNOx and S02 emissions in accordance with the appropriate EPAtest methods. Frequency oftesting thereafter shall be every five years. Each test shall consist ofthree test runs, with each run at least 60 minutes in duration. In addition to the stack tests described above, compliance with the annual NOx and S02 limits shall be monitored by calculating emissions monthly using the emission factors (in lb/hr) determined from the most recent Division-approved stack test and hours of operation forthe month. Monthly emissions shall be calculated by the end ofthe subsequent month and used in a twelve month rolling total to monitor compliance with the annual limitations. Each month a newtwelve month total shall be calculated using the previous 12 months' data. VII.C. Monitoring/Compliance Determination: Particulate Regional Haze Limits VII.C.1. Particulate Regional Haze Limits for all boilers except CENC and Clark boilers Unless particulate compliance testing was completed within the previous 6 months, within 60 days ofthe compliance deadline specified in Regulation Number 3, Part F, Section VI.A.3., VI.B.3., orVI.C.3., the owner/operator shall conduct a stack test to measure particulate emissions in accordance with the requirements and procedures set forth in EPA Test Method 5 as set forth in 40 CFR Part 60, Appendix 

### A. Stack testing for particulate matter shall be performed annually, except that: (1) ifany test results indicate emissions are less than orequal to 50% ofthe emission limit, anothertest is required within five years; (2) ifany test results indicate emissions are morethan 50%, but less than orequal to 75% ofthe emission limit, anothertest is required within three years; and (3) ifany test results indicate emissions are greaterthan 75% ofthe emission limit, an annual test is required until the provisions of (1) or (2) are met. A test run shall consist ofthree test runs, with each run at least 120 minutes in duration. Test results shall be converted to the applicable units and compliance will the based on the average ofthe three test runs. In addition, to the stack tests described above, the owner/operator shall monitor compliance with the particulate matter limits in accordance with the applicable compliance assurance monitoring plan developed and approved in accordance with 40 CFR Part 64. VII.C.2. Portland Cement Plant Particulate Regional Haze Limits. VII.C.2.a. Kilns. Compliance with the particulate matter limitations shall be monitored using a PM CEMS that meets the requirements in 40 CFR Part 63 Subpart LLL. The owner oroperator shall calculate emissions in the applicable units. Ifa PM CEMS is used to monitor compliance with the PM limits, the opacity limits specified in this Part F do not apply. In the event that the provisions in 40 CFR Part63 Subpart LLL are revised, stayed or vacated, such that a PM CEMS is not required, compliance with the PM limitations shall be monitored by conducting stack tests in accordance with the requirements ofSection VII.C.3. exceptthatthe results ofthe test shall be converted to the appropriate units (lb/ton clinker or lb/ton dry feed) and compliance will be based on the average ofthree test runs. In addition, if no PM CEMS is required, as discussed in the above paragraph, the opacity limits specified in this Part F do apply. In order to monitor compliance with the opacity limit, the owner or operator shall install, calibrate, maintain, and continuously operate a COM located atthe outlet ofthe PM control device to continuously·monitoropacity. The COM shall be installed, maintained, calibrated, and operated as required by 40 CFR Part 63, Subpart A, and according to PS-1 of40 CFR Part 60, Appendix B VII.C.2.b. Dryers. Performance tests shall be conducted in accordance with the requirements in Section VII.C.3. Opacity monitoring shall be conducted in accordance with the requirements in 40 CFR Part 63 Subpart LLL. VII.C.3. Particulate Regional Haze Limits forthe CENC and Clark boilers and the CEMEX dryer. Within 60 days ofthe compliance deadline specified in Regulation Number 3, Part F, Section VI.A.3. orVI.B.3., the owner/operator shall conduct a stacktestto measure particulate emissions in accordance with the requirements and procedures setforth in EPATest Method 5, 58, 50 or 17, as appropriate, as set forth in 40 CFR Part 60, Appendix A. Stack testing for particulate matter shall be performed annually, except that: (1) ifany test results indicate emissions are less than orequal to 50% ofthe emission limit, another test is required within five years; (2) ifany test results indicate emissions are more than 50%, but less than orequal to 75% ofthe emission limit, anothertest is required within three years; and (3) ifany test results indicate emissions are greaterthan 75% ofthe emission limit, an annual test is required until the provisions of (1) or (2) are met. Each test shall consist ofthree test runs, with each run at least 60 minutes in duration. In addition, to the stack tests described above, compliance with the annual limitations (ton/yr limits) applicable to the Clark boilers and CEMEX dryer shall be monitored by calculating emissions monthly using the emission factors (in lb/hr) determined from the most recent Divisionapproved stack test and hours ofoperation forthe month. Monthly emissions shall be calculated by the end ofthe subsequent month and used in a twelve month rolling total to monitor