Page 66 

""' CAS .... Toxics BIN // ~p 7803512 Phosohine A / HA~ 8001352 Toxaohene (Camphechlor) A / 

"'-.... 8065483 De me ton A/ 

"-. 10265926 Metham1dophos //A 

"W294345 Boron trichloride / c 

10K1849 DiaHfor / c 

1307119._9 Terbufos / A 

13171216"-. Phosphamidon / c 

13194484 ....... .... Ethoprophos (Ethoprop) / c 

13494809 -..... Tellurium / A 

16752775 ~thomyl / B 

17702577 Forrl'IQ..aranate / c 

19287457 Diboran~ / .............. - ......... -- A 

20859738 Aluminum ~h de A 

21548323 Fosthielan/ ""'-

... _ . ., .... , .. _.._ .. , . ._ ... ._ 

c 

21609905 Lepl..QEbdS """ c 

21923239 Chl9(fhiophos "'-.... c 

22224926 penaminophos (Fenamipfl'ss) A 

23135220 / Oxamyl "'-.... 8 

23422539 / Formolanate hydrochloride "'-.... c 

2350541 v Pirimifos-ethyl -.....__ c 

2493491'6 Chlormeohos "'-.... c 28~139 Xylylene dichloride """ c 

28772567 Bromodiolone "'-.... c 

/ 53558251 Pyriminil " HAPs / 60153493 3-(N-N itrosomethvlamine) (Prooionitrile) 8 "'-.... 

~ 64091914 Ketone, 3-pyridyl-3-(N-melhyl-N-nilrosoamino} B 

propyl 

/'1-IAPs 108171262 Chlorinated oaraffins (C12. 60% chlorine) B 

/ 

PARTB CONCERNING CONSTRUCTION PERMITS 

Appl icability 

I.A. rovisions of this Part 8 shall apply statewide. All sources that did not com 

cons tr ·on or operation prior to February 1, 1972, are required lo have a c 

except ass ified in Section II. 

II. 

II.A. General Considerations 

11.A.1 . 

11.A.2. Any it that has been issued pursuant lo a prior regulat1 f the Commission, 

respect to a project or the operation thereof. shall continue i I force and effect 

for the purpose for that ii was originally issued , unless this current reg ion no 

longer requires such permit. in that case the permit can be rescinded upon 

the owner or operator of the permitted source. 

""-

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
{) 20 I J State of Colorado 

All Rights Reser<ed 

36 CR land 2, 01-13 Page 67 

11.8 . 

11.A.3. Any orders or decisions of the Division shall be final upon issuance, accord ing to 

Section 111.F.3. of this Part 8 . 

11.A.4. Construction permits for criteria pollutants, GHG and hazardous air pollutants shall 

11.A.5. 

be issued based on the production/process rate requested in the Air Pollutant 

Emission Notice submitted with the permit application or as requested in the 

application. The emission rate associated with the requested production/pro 

shall be a permit condition. For permits to limit the potential to emit criteri , 

pollutants, GHG or hazardous air pollutants the Division may modify the 

roduction/process rate, hours of operation or other requested permit onditions in 

o er to create state-only or federally and practically enforceable pe it conditions; 

pro 'ded, however, that the applicant may decline to accept such odificalions and 

elect stead to forego limits on its potential to emit or pursues y right of appeal or 

other a ii able alternative. For details regarding permits to Ii t the potential lo emit 

hazardou air pollutants see Regulation Number 8, Part E, ection IV. 

11.A.5.a. The sourc is subject to Colorado Maximu Achievable Control Technology 

or Generali vailable Control Technolo ; or 

11.A.5.b. The source is s ·eel to Federal Na · nal Emission Standards for Hazardous 

Air Pollutants; or 

!ion Number 8, Part E, where the more 

·on Number 8, Part E, take precedence over 

11.A.6. Owners or operators of ources that have vali operating permits in accordance with 

Part C of th is regular n may construct or modi uch source without obtaining a 

construction permi rior to construction or r:nodific lion, provided the construction or 

modification qua · 1es for a minor permit modification r for operational flexibility, and 

the applicable rovisions as set forth in Sections X .. X . or XII. of Part Care met. In 

addition, all plicable requirements that are related to c struction permit approval 

and that a[ set forth in Sections 11 1.D.1.a. through llLD.1.g. of this Part 8 remain in 

effect. 

11.A.7. rce that is voluntarily applying for a permit to create state-o or federally 

e orceable permit conditions, as appropriate, to limit the potential emit criteria, 

ollutants, GHG or hazardous air pollutants may request to obtain su limits in a 

construction permit. 

nsfer or Assignment of Ownership 

er or assignment of ownership or operation of an air pollution emission source permitted 

pur ant to this Part 8 is anticipated, the prospective owner or operator shall apply to the Division 

O' ision supplied administrative permit amendment forms for reissuance of the existing permit. 

ection Ill. of Part A of this regulation governs· the administrative permit amendment procedures 

required for transfer or assignment of ownership. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 68 

n accordance wilh the provisions of this section. the permit shall be reissued upon completion of the 

t nsfer or assignment if the applicant certifies that no change is contemplated that might conslilule a 

ne or modified air pollution source. In no event shall the new owner or operator of a source that 

was bject to the requirements of these regulations prior to the transfer or assignment be relieve 

the ob ation to comply with such requirements by reason of a transfer. Such transfers are subje t to 

all applic ble permit processing and inspection fees. 

If a compan ·s changing its name only, the owner or operator shall apply to the Division. o Division 

supplied admi 'strative permit amendment forms, for reissuance of the existing permit. ction Ill. of 

Part A, governs e administrative permit amendment procedures required for identifyi 

name. If all other ocedures and information as stated in the last submitted Air Poll nt Emission 

Notice(s} remains u hanged, only one Air Pollutant Emission Notice need be sub tied for each 

stationary source. indi ting the name change. 

No administrative permit a endment for transfer or assignment of ownership fa source shall be 

complete until a written agre ment containing a specific dale for transfer of ermit, responsibility, 

coverage and liability belwee he current and new permittee is received the Division. 

11.C. Portable Sources 

A permitted portable source (e.g. , asp alt plants, crushers, etc.} s all have its permit number 

permanently and prominently displayed n each major compon I of equipment that is a part of that 

portable source. 

11.D. 

None of the exemptions listed below in Sections D.1 through 11 .D.4. shall apply if a source is 

subject lo Part A of Regulation Number 6 (New So Performance Standards} and/or Regulation 

Number 8 (Hazardous Air Pollutants}, Parts A,C, , a d E. Permit exemptions taken under this 

section do not affect the applicability of the regul ions the source. 

An applicant may not omit any information r arding APE r permit exempt emission units in any 

application if such information is needed I etermine the ap icability of Title V (Part C of this 

Regulation Number 3}, Prevention of Si 1ficanl Deterioration eclion VI. of Part D of this Regulation 

Number 3}, or Nonattainmenl New So ce Review (Section V. o art D of this Regulation Number 3}. 

11.D.1. The following sour es are exempt because by them Ives or cumulatively as a 

5 CCR 1001-5 

category are de ed lo have a negligible impact on a quality: 

11.D.1 .a. Tho sources exempted from the filing of Air Pol tanl Emission Notices in 

Se ion 11.D. of Part A. of this regulation . 

. Containers. reservoirs, or tanks used exclusively for dip ing operations for 

coating objects with oils, waxes, greases. or natural or sy hetic resins 

containing no organic solvents . 

. D.1.c. Stationary Internal Combustion Engines that: 

11.D.1.c.(i} Are Power portable drilling rigs; or 

II . D.1.c.(ii) Are emergency power generators that operate no mor 

lwo hundred and fifty hours per year; or 

11.D.1 .c.(iii) Have uncontrolled actual emissions less than five Ions per 

year or manufacturer's site-rated horsepower of less than fifty. 

CODE OF COLORADO REGULATIONS 
U 20 I J State of Colorado 

All Rights Reserved 

36 CR 1 and 2, 01-13 Page 69 

11.D .1.d. The collection, transmission, liquid treatment, and solids treatment processes 

at domestic wastewater treatment works, or treatment facilities that treat only 

domestic type wastewater, except for combustion processes. 

11.D.1.e. Each individual piece of fuel burning equipment, other than smokehouse 

generators, that uses gaseous fuel, and that has a design rate less Iha 

equal to ten million British thermal units per hour . 

. 1.f. Gasoline stations located in ozone attainment areas, except for st 

located in the Denver 1-hour ozone attainmenVmaintenance ar 

11.D.1 .g. urface mining activities that mine seventy thousand tons or. ewer of product 

m terial per year. A fugitive dust control plan is required f r such sources. 

Cru ers, screens and other processing equipment acti1

i ies are not included 

in !hi exemption. 

11.D.1.h. Compost g piles, however, all odor requirements 

must be m . 

11.D.1.j. Fires and equipme t used for noncomm cial cooking of food for human 

consumption and for ooking of food fo uman consumption at commercial 

food service establish ents. 

ciated with refineries , combusting natural 

gas containing no hydrogen ul e except in trace (less than five hundred 

parts per million weight) amo ts, approved by the Colorado Oil and Gas 

Conservation commission a d ving uncontrolled emissions of any pollutant 

of less than five tons per 

11.0.1.1. Crude oil truck loadin equipment at ploration and production sites where 

the loading rate doe not exceed 10,00 gallons of crude oil per day 

averaged on an a ual basis. Condensa truck loading equipment at 

exploration and oduction sites that splasti 111 less than 6750 barrels of 

condensate p year or that submerge fill les than 16308 barrels of 

condensate er year. Crude oil or condensate ading truck equipment at 

crude oil p duction sites where the loading rate oes not exceed 10,000 

gallons Q r day averaged over any thirty-day perio 

11.D .1.m.Oil a d gas production wastewater impoundments (in ding produced water 

tan s) containing less than one percent by volume crude ii on an annual 

a erage, with the exception of commercial facilities that ac ept oil and gas 

reduction wastewater for processing . 

. n. Crude oil storage tanks with a capacity of 40,000 gallons or less. 

acilities located in a nonattainment area for any criteria pollutant for which e area 

is nonattainment; with total facility uncontrolled actual emissions (potential em 

at actual operating hours) that are less than the following amounts: 

11.D.2.a. Two tons per year volatile organic compounds. 

11.D.2.b.One ton per year PM10. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 70 

11.0.2.c. One ton per year PM2.5. 

11.0.2.d. Five tons per year total suspended particulate. 

11.0.2.e. Five tons per year carbon monoxide. 

1.0.2.f. Five tons per year sulfur dioxide. 

For purposes or cal lating total facility uncontrolled actual emissions, onlY, ose individual 

(or grouped) emissio oints requiring Air Pollutant Emission Notices are o be considered . 

11.D.3. Facilities located attainment or attainmenVmainlenance ar as ror all criteria 

pollutants with total cility uncontrolled actual emissions I 

actual operating hour than the following amounts: 

11.0.3.a.Five Ions per yea volatile organic compoun 

11.D.3.b. Five Ions per year P 

11.0.3.c. Five tons per year PM2.5. 

For purposes or calculating t al facility uncontrolled actual emissi s. only those individual 

(or grouped) emission poi requiring Air Pollutant Emission Notice are to be considered. 

11.0.4. Facilities that ii any other criteria pollutant that is not listed in eclions 11.0.2. and 

11.0.3., abov (fluorides, sulfuric acid mist. hydrogen sulfide , total duced sulfur. 

reduced s ur compounds, and municipal waste combuslor emissio s), with total 

facility u ontrolled actual emissions or such pollutants that are less t n two Ions 

perye . 

11.0.5. W n a facility that was previously exempt from permit requirements excee one of 

e permit de rninirnis levels stated in Sections 11 .0 .2. through 11.0.4., above, e to 

the addition of new emission points. the Division will issue either a facility-wide 

for all non-grandfathered emission units above Air Pollutant Emission Notice de 

minimis levels, or individual emission permits for those emission units. 

All incinerators require a permit as stated in Regulation Nurnber1 , Section 111.B.1. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
0 2013 Stale of Colorado 

i\11 Righ1s Reserved 

36 CR 1 and 2, 01·13 Page 71 

11.D.7. Oil and gas exploration and production operations that are addressed under Section 

ll.D.1 .111 . of this Regulation Number 3, Part A, and that are required to obtain a 

construction permit. are not required lo file an application for a construction permit 

until they are required to file an Air Pollutant Emission Notice, as set forth in Section 

ll.D.1 .111. The application shall include a list of all applicable requirements, and how 

the requirements will be met until a construction permit is issued. 

Any person may request the Division lo add source categories to the permit 

xemption list, in accordance with the procedures set forth in Section 11.D.4. 

o his regulation . 

11 .D.9. Sour s with a valid operating permit are not required to obtain a cons ction permit 

ommencing construction or modification, as set forth in Sec · n 11 .A.6 . of this 

Ill. Construction Permi 

Ill.A. 

Prior to submitting an application for a ermit, an applicant may reques and, if so requested, the 

Division shall grant, a pre-application m ting with the applicant. At ch meeting, the Division shall 

advise the applicant of the applicable per 't requirements, includin the information, plans, 

specifications and the data required to be fu ished with the per application. 

111.B. Application for a Construction Permit 

111.B.1. An application for a Construction Pe 

supplied by the Division . 

111.B.2. Applications for Construction Per 

must include an Air Pollutant E · 

odifications to Construction Permits. 

111.B.3. Applications shall be signed ya person legally uthorized to act on behalf of the 

applicant. The applicants all furnish all informali and data required by the 

Division to evaluate the rmit application and to m e its preliminary analysis in 

accordance with Secti 111.B.5. of this part. 

111.B.4. An application for Construction Permit will not be deeme to be complete until all 

information and ala required to evaluate the application ha been submitted to the 

Division. With' sixty calendar days after the receipt of an ap 'cation or any 

supplement information timely requested by the Division, the 'vision will give 

notice tot applicant if and in what respect the application is inco plete. If the 

Division ils to notify an applicant that the application is incomplete ilhin sixty 

cal en r days of receipt of the orig in al application or receipt of the req ested 

sup emental information, the application shall be deemed to have been omplele as . 

of e day of receipt by the Division of the application or the last submitte 

pplemental information, whichever is later. 

Except for applications for sources subject to the requirements of Section VI. of 

D of this regulation (Prevention of Significant Deterioration), the Division shall 

prepare its preliminary analysis within sixty calendar days after receipt of a complete 

permit application. The preliminary analysis allows the Division to determine whether 

the new source will, at date of commencement of operation, comply with : 

111.B.5.a. All applicable emission control regulations , 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 72 

111.C. 

5 CCR 1001-5 

111.8 .5.b. Applicable regulations for the control of hazardous pollutants, 

111.8.5.c. Requirements of the nonattainment and attainment progra 

(Sections V. and VI. of Part D). and 

Any applicable ambient air quality standards 

ations. 

When the prelimi analysis includes modeling, e model used shall be an 

appropriate o given the topography, meteorology a other characteristics of the 

region th e source will impact. Use of any non-guideli model requires U.S. 

proval under Section VIII.A. of Part A of this regulation. 

omment and Hearing Requirements 

The following sources, unless exempted in Section 111.C.2 .. below, are subject lo 

public comment: 

111.C.1.a. Sources wilh projected controlled annual emissions of any pollutant 

for which an ambient air quality standard has been designated, where such 

emissions will be greater than twenty five tons per year if lhe source is 

located in a nonattainment area, fifty tons per year if the source is located in 

an attainment or attainmenVmaintenance area . or two hundred pounds per 

year of lead (for any area of the stale). 

111.C.1.b. Sources for which preliminary analysis indicates a possible violati 

of Commission Regulation Number 2 (odor emissions). 

For hazardous air pollutants if: 

C.1.c.(i) The source is subject to Federal N 

Standards for Hazardous Air Pollutant , 

The source is subje Federal or Colorado Maximum 

ogy or Generally Available Control 

Sources subject to Sections V. or VI. art D of this regulation that 

attempting to obtain a federally enforceable Ii · on the potential to emit 

of the source in order to avoid other requirements. 

111.C .1.e. Sources submitting an application for a BART determin 

BART alternative pursuant to Regulation Number 3, Part F. 

CODE OF COLORADO REGULATIONS