Notice 

To authenticate the following materials for incorporation by reference (IBR) under the 

requirements set forth in 1 CFR part 51, EPA is providing copies of the "Filing Instructions" for 

the 2005 and 2006 editions of the Colorado Code of Regulations (CCR). The official publication 

of the CCR consists of a series of binders that contain regulatory provisions, and these binders 

are updated each year in accordance with "Filing Instructions" provided by the State. The 

"Filing Instructions" provide specific instructions for removing specific pages from the CCR 

binders and replacing them with new pages that reflect any changes to the regulatory provisions. 

With regard to 5 CCR 1001-5 (the provisions currently presented for IBR), the attached "Filing 

Instructions" show that the 2005 edition included instructions to remove the TOC and replace 

them with "None," and there were no instructions to add a TOC in the 2006 edition. 

Accordingly, there is no TOC that relates to the 2006 revisions that can be included to 

authenticate IBR of the provisions of 5 CCR 1001-5 that were effective in 2006. Likewise, the 

"Filing Instructions" for the 2006 edition also indicate that only page 3 of the Title Page was 

removed and replaced, so the three Title Pages included here to authenticate IBR of the 

provisions of 5 CCR 1001-5 that were effective in 2006 contain two different dates. 
THE COLORADO REGISTER 

FILING INSTRUCTIONS 

SUPPLEMENT TO THE CODE OF COLORADO REGULATIONS 

September 12,2005 

Volume 28, No.9 

These in.~tnJc ..i()ns should be followed carefully for jn.~erting changes in this issue of the Colorndo Register into the Code of COkll'Bdo 

Regulations. 

I Make sure all previous Supplements have been filed before inserting ehanges contained in this Supplement. (Verify by reviewing the date 

ofthe last Filing Insuuctions sheet which should be filed at the hack ofthe "Index" Volume.) 

2. Remove pages to be deleted from theCCR and insert new pages in the CCR as directed below. NOTE: Pursuant to C.R.S. §§ 24-4-J 01 

10 -108 (theAPA), pages being removed from theCCR in this Supplement may continue to be in ctlect umi! October J, 2005. Initial each 

change after it is made to maintain an accllnlte record. 

3, Afit:r filing all changes, file and retain this instruction sheet at the back ofthe "Index" Volume oftbe Code ofColorado Regulations. The 

filing instructions can then be checked to be certain your set is complete. 

Update pages are included only for the regulations to which you have subscribed; therefore, shouJd you 

receive the instl'Ul:tion letter only, there were no changes made to the regulations to which you have 

subscribed. However, you should scan through the contents ofthe instruction I~ter to cn~ure that there were 

no updates to the regulations to which you have suhscn"bed. 

Revisf..'d 

Materials 

CCRNa. Remove Pages Insert Pages 

index Bindf..7 TlIble of Contents 15-18 

21-22 

15-18 

21-22 

Topical Index 11-12 

25-28 

31-34 

11-12 

25-28 

31-34 

Depanment of Revenue I CCR206-! Title Page (p. 9) 

Table ofContent~ (pp. i-ii) 

6.ND (pp. 1-9) 

6.NN (pp. 1-9) 

6.08 (pp. 1-10) 

6.0N (pp. 1-9) 

6.0P (pp. 1-9) 

6.0S (pp. 1-9) 

6.PD (pp. 1-9) 

6.PE (pp. 1-9) 

6.PF (pp. 1-9) 

6.PH (pp. 1-9) 

6.PI (pp. 1-9) 

6.PK (pp. 1-9) 

6.PZ (pp. ]-9) 

none 

none 

none 

Title Page (p. 9) 

Table ofContenl:s (pp. i-ii) 

none 

none 

none 

none 

nonc 

nonc 

nonc 

nonc 

none 

none 

none 

none 

6.PZ (pp. 1·9) 

6.RW (pp. 1·9) 

6.RX (pp. 1-9) 

6.50 (pp. 1-9) 

Depanment ofNnturnl 

Resources 

2 CCR406-5 Title Page (pp. !-2) 

7-8 

11-15 

Title Pagc (pp. 1-2) 

7-8 

11-16 

Department of 3 CCR 701-1 Tide Page (pp. 3-4) Title Page (pp. 3-4) 

Regulatory Agencies Table of Contents (pp. i-ii) 

1-30 

145-170 

Table of Contents (pp. j-ii) 

1-2 

145-167 

© 2005 Wei! Publishing for the State of Colorndo 

All Rights Reserved. (800) 877-WEIL 
Revised 

Materials 

CCRNo. Remove Pages Insert Pages 

Title Page (p. 3) 

Table of Content~

107-114 

119-149 

Title Page (pr. 1·2) 

3 CCR 701-2 Title Page (p. 3) 

Table ofContents 

107-114 

119-152 

3 CCR 701·6 Title Page (pp. 1-2) 

55-56 55-56 

3 CCR 701-10 Title Page Title Page 

none 19-29 

Title Page (pp. 1-2) 

67-68 

107 

3 CCR 702-1 Title Page (pp. 1-2) 

E67-£74 

E107-EI10 

NOTE: Emergency pages E67 

to E74, and EI07 to EII0 have 

expired. 

3 CCR 705·] Title Page (pp. ]-2) Title Page (pp. [-2) 

Table ofContents Table ofContents 

31-33 31-32 

Title Page (p. 3) 

Table ofContents 

63-68 

123-126 

Title Page (pp. 1-2) 

Table ofContents 

7-8 

27-28.8 

Title Page 

19 

3 CCR 716-1 Title Page (p. 3) 

Table ofContents 

63-70.2 

none 

3 CCR 719-1 Title Page (pp. 1-2) 

Table ofContents 

7-8 

27-28 

4 CCR 723-18 Title Page 

EI9 

NOTE: Emergenl-'y page EI9 

has expired. 

4 CCR 725-1 Title Page (p. 3) Title Page (p. 3) 

1-2.3 1-2.3 

4-4.1 4-4.1 

I:H-iJartmc:nt of Public 5 CCR 1001-2 Title Page (pp. 1·2) Title Page (pp. 1-2) 

Health and Environment Table ofContents (pp. i-iii Ilone 

1-73 I-57 

5 CCR 1001-3 Title Page (pp. 1-2) Title Page (pp. 1-2) 

Table of Contents (pp. i-iii none 

1-107 1-76 

5 CCR 1001-5 Title Page (p. 3) Title Page (p. 3)

Table ofContents (pp. i-iii none 

1-361 )-297 

5 CCR !OO I-I 0 Title Page (pp. 1-2) Title Page (pp. 1·2) 

175-202.6 175-202.2 

Title Page (pp. 1-2) 

after page 166 add 

Table of Contents (pp. i-iii) 

1-174 

5 CCR 1002-3] Title Page (pp. 1-2) 

none 

none 

NOTE: Pages 1-174 are 

effective 12/31!05. The current 

rule pages will be removed in 

the January 2006 issue. 

2 
THE COLOR,tim REGISTER 

Revised 

Materials 

Dcpamnent of Labor and 

Employmt...nt 

Depanment ofState 

Department of Health 

Care Policy and 

Financing 

Department ofHuman 

Services 

CCRNo. 

5 CCR 1002-61 

5 CCR 1002-65 

6 CCR 1010-6 

6 CCR 1015-3 

6 CCR 1015-4 

6CCR IOJ5-5 

7CCR 1101-5 

8 CCR 1505-1 

10 CCR 2505-10 

2,,;;) '3~? _.. ,,: 4!i­ 1 ,;1",; ) 

12 CCR 2509-I 

12 CCR 2509-4 

12 CCR 2509-6 

12 CCR 2509-8 

Remove Pages Insert Pages 

Title Page (pp. 1-2) 

none 

none 

269 

Title Page (pp. 1-2) 

after page 66 add 65-66 

after page 70 add 69-70 

269-271 

NOTE: New pages 65 and 70 

are effel.1.ive 12i31105. The 

current rule pages will be 

rt-'lTlOvcd in the January 2006 

issue 

Title Page (pp. 1-2) Title Page (pp. 1-2) 

1-2 1-2 

Title Page Title Page 

3-8 3-8 

17-18 17-18 

Title Page Title Page 

3-4 3-4 

25-30 25-37 

Title Page (pp. 1-2) Title Page (pp. 1-2) 

BP I-BP 8 none 

25-30 25-30 

35-36 35-36 

41-42 41-42 

51-52.2 51-52.4 

63-64 63-64 

Title Page Title Page 

1-7 1-6 

Title Page TitiePage 

13-14 13-14 

Title Page (pp. 1-2) Title Page (pp. 1-2) 

1-70 1-81 

Title Page (pp. 13-14) Title Page (pp. 13-14) 

1.25-1.25a 1.25-1.25a 

2.01b-2.0Ic 2.GIn-2.Glc 

2.0IkJ-2.01k.2 2.01k.1-2.01k.2 

2.02f-2.02k 2.02f-2.02k 

2.03b-2.03g 2.oJb-2.U3e 

2.04a-2.04b 2.04a-2.04b 

2.04g-2.05e 2.04g-2.05e 

22.12.37.29-22.12.37.30 22.12.37.29-22.12.37.30 

22.12.269d.I-22.12.269d.6 22. 12.269d. 1-22. !2.269d.6 

22.31 j-22.3lr 22.31 i-22.311 

BP 29·BP 30 SP 29-m' 30 

Title Page Title Page 

45-48 45-48 

53-54.6 53-54.6 

Title Page (pp. 1-2) Title Page (pp. 1-2) 

Table ofContt-"llls Table of Contents 

1-8 1-8 

Title Page (p? 1-2) Title Page (pp. 1-2) 

173-176.6 173-176.6 

© 200S \Veil Publishing for the State ofColorado September 12, 2005 

All Rights R~er\'ed. (800) 877-WEIL 3 Volume 28, No.9 
THE COLORADO REGISTER 

FILING INSTRUCTIONS
 

SUPPLEMENT TO THE CODE OF COLORADO REGULATIONS
 

October 10, 2006 

Volume 29, No. 10 

These instructions should he followed carefully for inserting changes in this issue of the Colorado Register into the Code of 

Colorddo Regulations. 

I.	 Make sure all previous Supplemenl~ have been filed hefore inserting changes contained in this Supplement. (Verify by 

reviewing the date oflhe last Filing Instructions sheets which should be filed at the back of the "Index" Volume.) 

2.	 Remove pages to be deleted from the CCR and insert new pages in the CCR as directed beloW. A replacement page that 

IDchldes a "r indicates that more pages were removed from the rule than were added in this supplement. NOTE: 

Pursuant to C.R.S. §§ 24-4-101 to -108 (the .'\1'A), pages being removed from the CCR in this Supplement may 

continue to be in effl."Ct until October 30, 2006. Initial each change after it is made to maintain an accurate record. 

3.	 After filing all changes. file and retain this instruction sheet at the back of the "Index" Voltnnc of the Code of Colorado 

Regulations. The filing instructions cun then be checked to be cenain your set is complete. 

Update pages are included only for the regulations to which you have subscribed; therefore. should 

you receive the instruction letter only, there were no additions made to the regulations to which you 

have subscribed. However. you should scan through the contents of the instnlction letter to ensure 

that you removed appropriate material and that there were no updates to the regulations to which 

you have subscribed. 

Revised
 

Materials
 

Index Blnder 

Department of Revenue 

Department ofNatural 

Resources 

CCR No. Remove Pages ; 

I 

Table of Contents 11-12 

21-22 

Topical Index 3-4 

19-20 

29-30 

I CCR204-14 

33-34 ITitle Page (pp. 1-2) 

I Table of Contents (p. i) 

1 CCR 207-1 

2 CCR402-3 

12 CCR406-0 

I 

2 CCR 406-2 

2 CCR406-3 

.... 

."'._~ i 2 CCR406-5 

, 

,2CCR406-8 

.jj~, w' v~< , *', ,,~"" i 2CCR407-2 

I 

\ 

j	 65-66 

Title Page (p. 3) 

46.33-46.34 

Title Page (p. 1) 

1-5 

Title Page (p. 3) 

21-24 

Title Page (pp. 1-4) 

5-6 

37-40 

Title Page (p. -3) ---­

3-4 

7-10 

Title Page (p. 3) 

3-4 

Title Page'cpp:I:2)-­

11-14 

18.01-18.02 

Title Page (pp. 1-2) 

Table of Contents (pp. i-xiii) 

1-4 

Insert Pages 

11-12 

21-22
 

3-4
 

19-20
 

29-30
 

33-34
 

Title Page (pp. 1-2)
 

Table of Contents (po i)
 

65-69
 

Title Page (p. 3)
 

46.33-46.34
 

Title Page (p. I)
 

1-12
 

Title Page (p. 3)
 

21-24
 

Title Page (pp.l·-4)
 

5-6
 

i 37-40 ITitle Page (p. 3) 

3-4 

17-10 

I Tille Page (p. 3) 

3-4 

----_.._-­ Title Page (pp. 1-2)
 

11-14
 

18.01-18.02
 

Title Page (pp. 1-2)
 

Table of Contents (pp. i-xi)
 

I 

<:'! 2006 Matthew Bender & C.o. for th" State of Colorado 1 October 10, 2006 

All Rights Res(lrved. (800) 833-9844 Volume 29. No. 10 
THE COLORADO REGISTER 

Revised : (~CR No.. Remove Pages Insert Pages 

Materials i 

Department of 2 CCR 601-10 · l!t1e Page (pp. 1-2) I Title Page (p. 1) 

Transportation None ! Table ofContents (p. i)

I 1-44 1-29 

Department of 

Regulatory Agencies 

2 CCR604-2 ! Title Page (pp. 1-2) i Title page (p. I) 

I 1-16 I 1-16 

3 CCR 701-1 Title Page (pp. 3-4) Title Page (pp. 3-4) 

141-142 141-142 

I 3 CCR 713-33 None Title page (p. 1) 

None 1-4 I 

3 CCR 716-1 Title Page (p. 3) Title Page (p. 3) 

123-126 123-126 

4 CCR 723-2 Title Page (pp. 1-2) Title Page (pp. 1-2) I 81-82 81-82 

93-94 93-94 

E103-E104. 1 103-104.1 

4 CCR 725-1 2-2.1 I-E''-d~·l • C" . ! _ ltor'S on'cetlon 

4 CCR 801 Title page (p. 3) Title Page (p. 3) 

Table ofC.ontenls (p. i) Table ofContents (p. i) 

25-26 25-26 

~CCR 1001-2 ;~~1; Page (pp. 1-2)_ _~;I~,~~_ge_(~~.1~_2)_ __ 

i 5 Ct:R 10oi--5---'" "-:-fitle Page (p. 3)···· I' Title Page (p. 3) 

i . 1-311 1-290 

-6d::R i OOj~3 .-----. .. ··1titlePage(pp~-3~5)'" ..."-TTitie'Page(pp:3~5)-_m_

i i Editor's Correction 

Department of Personnel 

and Administration 

Department of Public 

I-lcaJth and En'vironment 

Department of Labor 7 CeR ] 101-3 i Title Page (pp. 3-4) Title Page (pp. 3-4) 

<md Employment 19-20 I 19-20 

Department of I SCCR 1201-16 ,TitlePage(p.l) I Title Page (p.1) 

:\griculture i I 1-6 : 1-6 18 CCR-T20 I~iO--~~-1 ~~~:~··"--------"I-~-~~I; p~e-(p.iT-- ....._.... 

Office ofthe Governor ! 8 CCR 1501-2 TitlePage(p.1) I TitJe Page(p.l) I 1-54 I 1-41 

Department ofPublie 

Safety 

18 CCR 1507-3 i Title Page (pp. J-2) I ~~{~~~~~(i;~:i~~~

I 8 (CR-! 507~24 -j Title Page (p:--l-)-----.­ , None ~----_.

i

I i 1-4 ; 

None 

Editor's Correction 

Title Page (pp. 7-8) , Title Page (pp. 7-8) 

Services 

Department ofHuman 19CCR2503-1 

BP 47- BP 48 ; B1'47-B1'48 

21-22 21-22 

28.1-28.4 28.1-28.4 

45-50 45-50 

53-66 53-66 

77-78 77-78 

83-88 83-88 

2 
THE COLORADO REGISTER 

Revised CCR No. Remove Pages Insert Pages 

Materials 

Department ofHealth 10 CCR 2505-3 ! TitJe Page (pp. J-2) Title Page (pp. 1-2) 

Care Policy and ; 1-8 J-8 

Financing i 17-23 i 17-21 ~-'I-O-c-cR-isos=-1Oc-·---+--TC'Cl:-:·tJc-e-::P-a-ge-(p-.:-:J:-:5)-----+-::-:T"""itC'Cle:-:P-age-(P':~"..... 

22.12.37.7-22.12.37.8 : 22.12.37.7-22.12.37.8 

22.12.37.29-22.12.37.30 I 22.12.37.29-22. J2.37.30 

22.12.183p-22.12.184 I 22.12.l83p 

None I 22.12.184 

I NOTE: Pages 22.12.183p 

I and 22. 12.184 are being U\: '. "1: reissued as separate pages 

Section 8.746 (pp. 1·2) 'rSection 8.746 (pp. ]-2) 

Section 8.765 (pp. I·J4) I Section 8.765 Cpp. 1-J2) 

30.5-30.6 : 30.5-30.6 

34.13-34.14 I 34.13-34.14 

Department of Human 12 CCR 2509-1 Title Page (pp. 1-2) i Title Page (pp. 1-2) 

Services (wnt"d) 

12 CeR 2509-4 ~~,; ~";(p:I)--t~~I::;::~~ 1'----­

'-._..__:_.,--,...- --+-......,--~_.

57-60 ___. ,~__~_... I 57-60 ._..__.. w,,_~·_,_ .....,__._ 

! 12 CCR 2509-5 Title Page (p. 1) I Title Page (p. 1) 

37-38 ! 37·38 -'-'''-=-C:~~ ,...------+-=-:- --....... . - "-.-.-- _-_­ 12 CCR 2509-6 Title Page (pp. 1-2) , Title Page (pp. 1-2) 

17-J8 17-18 '-:-:=-=-==-=-=~-=----'--=::-..,..--=-- _- __.. i 12 CCR 2509-8 Title Page (pp. 1-2) Title !?age (pp. 1-2) 

9-10.2 9-10.2 

11-12.2 11-12.2 

16~1~ 16~1~

, 

,J 

_.__......._--_..._---,-----­

© 2006 Mattht'w Bender & Co. for the St.a:.e of Colorado 

All Rights Reserved. (800) 833-9844 

3 October IO. 2006 

Volume 29, No. 10 

111301V1. 1<4 OR 11. Pp. '~811lfOPted1lt"2QIe2, dttllw QI3O'll2.15 OR II. pp. IdopIed aa eme

gency fWOUlalIcIn 1000S1t2. el'lec:tM 101151ll2. 15 OR 11. pp. 1-1S lIdopIed 11/1"2. efIIdlYe 1213C119

15 OR 12. Pp. 1-142l1dolUd 1I/22In. 8kdIw 8I30Il3. 16 OR I. Pp. 1-2:I6..:lGpled 71151113. etrec:IIv

a'3OIU. la au. pp.II-15.25-11. &2-a.17-70.ll5-87 edapcedVl1194. deaNe 4IJOIM; p. "8 ecl

3tl7194. effec1IW 4f.IOJII4. 17 OR 4. pp. 1<41-142 adOfilld aaemellillnc:y lWglIIaIlon sn..... etfediVe
 

SI23I94. 17 OR 7. PP. 1-220 1dopIecI1f11194. ell'eCfM tI3lWC. 17 OR t. Pp. 46-8J ecIOPIId 1012CW4

.... ,213ll11N. 17 OR 12. Pp. 25-21. »-43.1%$-111.12&-126.02 edopllld 11"71&4. lnews.

11 OR 1. pp. 73. IO-all1dapl8d. ~fllllUliIlion12t151t4.ellecthe 121151115. 11 OR 2. /'p.73

_1Md 2hMlS, etrIc:lM2f1I/II5, lICR4.Pp. U. $014,1&-2%. 24-25.21·30. 42...... oCNO. 5&-58.0

7s.16. 7a-ao.Is.a1. 91·11. lIlO-1C1O.02ldapcedSflMS. dIl:CI\Ie 5I3OIH.ll1 ORS. pp. 45. 73.01. 7&

0211dGp1ed5t'lIlllS.efflI<:tNe'Tl3lllll5.1'OR7. Pp.l·2S,*Se, 7"t5.o1.104-1oe.1t~I11.01lldopl

1lN71115,e«ectIYt 10/3Q1t5. "OR 10. PP.20-2f. 30-31. -adOfilld 12121m.~3f1.9ll.19

!'p. 44-4S 8lSoIltlld 2115116. tlIeC2\IIe 4I3QIll6. 1tCR 4. 1lP. 4. 41. 41~.75Jtl·76. ~,,.,2a.o2

edllpIlld 3I2t_. EFf'ECTI\IE5I3all&. 190R 5. Pp.. ~5, 3-21. 50.6<4.01« 18. 1111.145. 1.-r.14e. 1

' ....leo. 17t. 16<4-115, 201·202,207.2OI~512D1t8. E'FFECTI\IE1I3llIII.l1IORI. pp.4I-e3.0

IdopIlld 10124/l1111. EFl'EClI\/E 1113O.'ge, III OR 12. PII. 115-2011 edQpIed 11121••EF'FECTlVE lJ3O/1

20 OR 1. pp. 118-157. m·22lIlldDpIecll tttlllMl. EFFECTIVE tr.lO'DO,23 OR 1. pp. 1111.01.118.02
 

AIlopIIJd 1'''510'. EFl'l:'ClI\/E 1213O/l11. 24 OR 12. PII. 7~111.O1. 1<44-148.01.230-234 adopled 2121

El'rECTlVE4I3QI02, 25 OR 4.
 

A.G. 0pIIIi0u:
 

12AC341; 13AO 51-52: 13AG 171; 14 ...G380: 15AG 361481A; 15 ACU55: 15 AG 501; llAO 275

lIAC308; 17 AG 10C0-141: 11 ...0289; 17 "'G34I; 17 AG48D; , ....G 30; "AG n; llAG 140; 1IA

"AC251; 18AO H4; 1IlAG52; 19AG 111;" AG 12s.126; ttAG236-237; 11lAG 360;20"'0111;
 

23 AGe; 24 AG 383:25AC 120
 

Allaee.lotll:
 

Rule rv. H.I. 8llopQd 5/171110. wu IlOI Plended by M.s. 111·1257 al'd therefOre elq)lred June '. llllll.
 

5 CCR 1001·5 Pal,'C 1 
EDITOR'S NOTES (continued) 

History and Amendments:
 

Adopted 7/18/02, EFFECTIVE 9/30/02,25 CR 9. Adopted 10/17/02, EFFECTIVE 12/30/02,25 CR 12.
 

Regulation I.A adopted 03121103, EFFECTIVE 04130/03, 26 CR 4. Adopted 03112/04, EFFECTIVE 05130/04,
 

27 CR S. Regulation No.3 Adopted 04116/04, EFFECTIVE 06/30/04,27 CR 6. Part B adopted by technical
 

correction, 27 CR 12. Part A, Part B, Part C, Part D, Part F Adopted 12116104, EFFECTIVE 03/02/05, 28 CR 2.
 

Parts A to F adopted 7121/05, EFFECTIVE 10/02105,28 CR 9. Pp 23-27,35,77, 111-183,283-285 adopted
 

12/15/06, EFFECTIVE 03/02/06,29 CR 2. Regulation 3, Part B, Section m.c adopted by technical correction;
 

Regulation 3, Part G adopted 03/16/06, EFFECTIVE 05/30/06,29 CR S. Rule replaced in its entirety, adopted
 

08/17/06, EFFECTIVE 10/30/06,29 CR 10.
 

A.G. Opinions:
 

25 AG 312; 25 AG 431; 26 AG 162; 27 AG 170; 27 AG 208; 28 AG 42; 28 AG 225; 29 AG 77-78; 29 AG 174;
 

29 AG Oct 1001-5.
 

Annotations: 

02006 Matthew Bender & Co. for lhe SlBte of Colorado
 

All Rights Reserved. (800) 833-9844 Page 3 5 CCR 1001-5 .
 












10 2006 Matthew Bender &. Co. for lhe Slale ofColol1ldo 29 CR 10, 10-06 Page 13 

AII Ri IS Reserved 

I.B.41. Stationary Source 

y building, structure, facility, or installation, or any combination thereof belonging to the 

I ustrial grouping, that emits or may emit any air pollutant subject to regulation under t 

Fe al Act, that is located on one or more contiguous or adjacent properties and tha s owned 

or rated by the same person or by persons under common control. Those emi ons resulting 

direct! om an internal combustion engine for transportation purposes or from a on-road engine 

as define in section I.B.29. of this Part shall not be considered a stationary so ceo Building, 

structures, cilities, eqUipment, and installations shall be considered to belo to the same 

industrial gro ing if they belong to the same major groups (i.e.. have the me two-digit codes) 

as described in e Standard Industrial Classification Manual, 1987, but t later amendments. 

See National Tee icallnformation Service, Order No. PB 87-100012 he manual is available 

for examination at t office of the Director of the Air Pollution Con division. Department of 

Public Health and En . onment, 4300 Cherry Creek Drive South, nver, Colorado 80246·1530. 

. Wet Screening Operations 

A screening operation at a nonmetallic mineral processing plant that removes unwanted 

or that separates marketable fines from the product by a washing process that is designed 

operated at all times such that water Is an integral part of the process and the prodUct is 

saturated with water. Screens that use spray bars for the purposes of dust control are not 

included in this definition. 

ntrolled actual 

emissions of zardous air pollutants upon a showing by the source and etermination by the 

he creation of such data is unreasonably costly, technically imp ctical or not 

related to information necessary for making regulatory decisions w respect to that 

he division's final determination may be appealed to the commission b the source. 

'rhe annual emission r, e corresponding to the annual process ra listed on the Air Pollutant 

Emission Notice f , without consideration of any emission contro quipment or procedures. 

A source in operation for not mor than two years in d tion unless the division determines that 

a longer time period Is appropr' e. 

1.8.42. Temporary Source 

II, AIR POLLUTANT EMISSION NOTICE (APEN) REQUIREMENTS 

itA. Air Pollutant Emission Notices for New, Modified, and Existing Sources 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 14	 29 CR 10, 10-06 

Except as specifically exempted in section 11.0., no person shall allow emission of air pollutants from, or 

construction, modification or alteration of, any facility, process, or activity 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 at which the 

proposed emission will occur, the name and address of the persons operating and owning such facility. 

the nature of such facility, process or activity, an estimate of the quantity and composition of the expected 

emission and other information as required in the current Air Pollutant Emission Notice form. 

II.B.	 General 

II.B.1.	 Emission Estimate 

The Air Pollutant Emission Notice shall include an estimate of the annual actual emissions, 

including emission controls. The emissions estimate shall be based upon actual test data or, in 

the absence of such data, upon estimations acceptable to the division. The following alternative 

estimate methods, in order of descending acceptability. are acceptable to the division: 

II.8.1.a. Mass	 a a e emission factor, whichever is 

best e; or 

11.B.1.b. Other engineering calculations. 

Stack testing or emission monitoring will not be required solely to meet the Air Pollutant 

Emission Notice reporting requirements. 

An owner or operator shall provide a justification to the division for not using any methods 

that are higher on the list than the method the owner or operator proposes to use. If 

none of the 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. of this 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. 

II.B.2.	 Air Pollutant Emission Notice Term 

An Air Pollutant Emission Notice is valid for a period of five years. The five-year period 

recommences when a revised Air Pollutant Emission Notice is received by the division. 

11.8.3.	 APEN Applicability 

For the purposes of Air Pollutant Emission Notice applicability, a source will be considered to be 

an individual emission point, or group of points pursuant to section II.B.4. of this Part A. 

II.B.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 of one ton per 

year or more of any 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 of two tons per year or 

more of any individual criteria pollutant (pollutants are not summed); each individual 

emission point with uncontrolled actual emissions of lead greater than one hundred 

pounds per year, regardless of where the source is located. 

5 CCR 1001-5	 CODE OF COLORADO REGULATIONS 
II.S.3.b. Non-crlterla Reportable Pollutants 

Ci 2006 Manhew 8ender & Co. rorthe Stale or Colorado 29 CR 10, 10·06 Page 15 

All Rights Reserved 

Fo n criteria reportable pollutants, Air Pollutant Emission Noti re required for each 

individu isslon point with uncontrolled actual emissions exceed the de minimis 

levels as dete . ed following the procedures set fo ppendix A. 

II.B.4. Source Grouping 

all be used to delineate occasions 

uidellnes only, and spectflc 

Mu' pieces of equipment or processes from a single facility may be grouped ssociated 

ether and reported on one single Air Pollutant Emission Notice provided the indivi 

of emissions meet the following guidelines: 

II.BAa.AII of the aggregated sources have identical source classification codes and 

emission factors for criteria pollutants: 

II.BA.b. Each of the aggregated sources share a similar location within the facility; 

II.BA.c. Similar sources regUlated under the New Source Performance Standards 

(Regulation No.6) and non-New Source Performance Standard sources should 

not be grouped; 

/I.BA.d. None of the individual sources is required to monitor emissions through the use 

of continuous emission monitors; 

II.B.4.e. Each of the 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: 

II.BA.f. None of the 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. 

The 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. 

II.B.5.	 Air Pollutant Emission Notices and revised Air Pollutant Emission Notices shall 

be based on calendar years (January through December). 

II.B.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 Part A. 

II.C.	 Revised Air Pollutant Emission Notices 

II.C.1.	 A revised Air Pollutant Emission Notice shall be filed: 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-5 
Page 16 29 CR 10, 10·06 

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. Whenever there Is a change in the owner or operator of any facility, process 

activity; 0 r 

.1.c. Whenever new control equipment Is Installed, or whenever a . erent type of 

control equipment replaces an existing type of control e ent (revised Air 

tant Emission Notices are not required for routl aintenance, repair, or 

raplac nt of control equipment; or . 

mission No is not required whenever the location of a 

portable facili S5, or activity is en ed, however, the owner or operator 

of such s e must file a relocation notice. h notice shall be received by the 

divisi at least ten days prior to the change in I '. Alternatively, the owner 

perator of a portable source may request written a val from the division to 

report multiple relocations. Relocation forms are available e division offices. 

II.C.1.g.A revised AJr Pollutant Emission Notice is not required for emergen backup 

generators that are ancillary to the main units at electric utility facilities, a hat 

have a permit under Parts C or 0 of Title \, or Title V of the 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 of the source to emit a pollutant such that the 

source is not considered to be a major stationary source as defined in section 

II.A.25. of Part 0 of this Regulation No.3. If an owner or operator of such a 

source chooses to file a revised Air Pollutant Emission Notice, the Air Pollutant 

Emission Notice shall list the average of the annual actual emissions for the 

preceding three years. 

II.C.2. Significant change, for the purposes of this section means: 

-criteria reportable pollutant if the se y fifty percent 

or five tons per yea' s a ove the level reported on the last Air 

Isslon Notice submitted to the . ..--.­..-­

II.C.2.b. For criteria pollutants: 

II.C.2.b.(i) For sources emitting less than one hundred tons per year, a 

change in annual actual emissions of five tons per year or more, above 

the level reported on the last Air Pollutant Emission Notice submitted to 

the division, of any such air pollutant; or 

II.C.2.b.(ii) For volatile organic compound and nitrogen oxides sources in 

ozone nonattainment areas emitting less than one hundred tons of 

volatile organic compound per year, a change in annual actual emissions 

of one ton per year or more or five percent, whichever Is greater, above 

the level reported on the last Air Pollutant Emission Notice submitted to 

the division; or 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
"2006 Mallhcw Bender & Co. for the Stale of Colorado 29 CR 10, 10-06 Page 17 

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II.C.2.b.(i1i) For sources emitting one hundred tons per year or more, a 

change in annual actual emissions of five percent or fifty tons per year or 

more, whichever is less, above the level reported on the last Air Pollutant 

Emission Notice submitted to the diVision, of any such air pollutant; or 

II.C.2.b.(iv) A change in annual actual emissions, above the level reported 

on the last Air Pollutant Emission Notice submitted to the division, of fifty 

pounds of lead. 

II.C.3.	 Timeframe for Revised Air Pollutant Emission Notice submittals 

Il.e.3.a. Revised Air Pollutant Emission Notices shall be submitted no later than within 

thirty days before the fIVe-year term expires. 

II.C.3.b. Owners or operators of sources 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 at the source 

occurs. 

II.C.3.c. Sources submitting revised Air Pollutant Emission Notices to Inform the division 

of a change in annual actual emission rates must do so by April 30 of the 

following year (e.g., a change In emissions In calendar year 1993 must be 

reported by April 30, 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 at oil and gas exploration and production facilities subject 

to the requirements in Regulation No~ 7, Section XII. For this control equipment, 

a revised APEN shall be filed once per year, as specified in Section II.C.3.c. of 

Part A, if any control eqUipment is added or If control equipment is relocated or 

removed. 

11.0.	 Exemptions from Air Pollutant Emission Notice Requirements 

11.0.1.	 Notwithstanding the exemptions contained in section 11.0.1., Air Pollutant Emission 

Notices must be filed for all emission units speciflC8l1y identified in the applicability 

section of any subpart of Part A of Regulation No.6 (New Source Performance 

Standards) and/or Regulation No.8 (Hazardous Air Pollutants), Parts A,C,O, and E. 

However, Air Pollutant Emission Notices need not be filed for wet screening operations 

subject to Subpart 000 of the New Source Performance Standards if the exemption in 

section II.D.1.cccc. is applicable. 

Stationary sources having emission units that are exempt from 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 if such information is needed to determine the applicability of Title V (Part C of this 

Regulation No.3), Prevention of Significant Deterioration (Section VI., Part D of this Regulation 

No.3), or nonattalnment New Source Review (Section V., Part 0 of this Regulation No.3). 

CODE OF COLORADO REGULATIONS	 I) CCR 1001-5 
Page 18	 29 CR 10, 10-06 

The following sources are exempt from the requirement to file Ajr Pollutant Emission Notices 

because by themselves, or cumulatively as a category, they are deemed to have a negligible 

impact on air q"uallty. 

II.D.1.a.lndividual emission points in nonattainment areas having uncontrolled actual 

emissions of any criteria pollutant of less than one ton per year, and individual 

emission points in attainment or attainment/maintenance areas having 

uncontrolled actual emissions of any 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 per year, regardless of where the source is 

located. 

II.D.1.b.lndivldual emission points of non criteria reportable pollutants having 

uncontrolled actual emissions less than the de minimis levels as de 

following the procedures set forth in Appendix A. 

II.D.1.c. Air	 . ioning or ventilating systems not desi 0 remove air pollutants 

generated released from other proc s or equipment. 

II.D.1.d. Fireplaces used for recr'btlq[~15U1

11.0.1.e. Fires and eqUip. used for nonco ial cooking of food for human 

consumlJ , or cooking of food for human umption at commercial food 

se establishments, except for char broilers an 

ot inclUding campfires) in PM10 nonattainment areas. roiler shall mean a 

cooking device In a commercial food service establishment, e as fired or 

using charcoal or other fuel, upon which grease drips down upon an 

charcoal or embers. 

11.0.1.1. Safety flares used to indicate danger to the public. 

II.D.1.g.Agricultural operations such as farming, cultivating, harvesting, seasona(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 No.2, Part B. This exemption does not apply to an . 

agricultural operation that: (1) is a major source (as defined In section I.B.23. of 

this Part); (2) meets or exceeds the storage capacity thresholds of a federal New 

Source Performance Standard (Regulation No.6, Part A); or (3) participates in 

the early reduction program of the Federal Act, section 112. Ancillary operations 

such as fueling stations located at farms or ranches are not exempt from AJr 

Pollutant Emission Notice and permit requirements unless otherwise below the 

de minimis emission levels contained In this regulation, and are not exempt from 

other applicable regulation promulgated by the commission. 

II.D.1.h. Emissions from, or construction, or alteration of residential structures, including 

all buildings or other structures used primarily as a place of residence. and 

including home heating devices. 

1I.0.1.i. Laboratories and research & development facilities:

---------------------:=,........­

Noncommercial (in house) experimental and a ratory 

~--'~l4:U!!!e!!,nt that is bench scale in nature' . uallty control/quality 

.' .. ,.-­

:~n~_/~

--",." 6 CCR 1001-6	 CODE OF COLORADO REGULATIONS 
11.0.1.1. Internal combustion engines powering portable drilling rigs. 

o 2006 Mallhew Bender &: Co. for tile SIBle of Colorado 29 CR 10, 10-06	 Page 19 

AII Righls Reserved 

laboratories supporting a manufacturing or Industrial faci/i
 

II.D.1.i.(ii)
 

per year;
 

• 

research and development laboratories. 

search and develo activities that are of a small pilot 

scale and tha an ten thousand pounds of test material 

Small pilot scale research and ment projects less than 

six months in duration with controlled actual emis ess than five 

hundred pounds of any criteria pollutant or ten pounds of a 

reportable pollutant. 

11.0.1.j.	 Disturbance of surface 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 indude mining operations or disturbance of 

contaminated soli). 

11.0.1 .k. Each individual piece of fuel burning equipment. other than 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 of fuel burning equipment. Common Provisions Regulation). 

OlBtIfH-U':wy:ustry flares, not as refineries, combusting 

natural gas containing no Ide except in trace (less than five hundred 

parts per mill' . amounts. approv Colorado Oil and Gas 

~-Cef'tl~laaifitj,on commission and having uncontrolled emls n pollutant of 

.__~ess tha.~f!~~~~_~eryear. _.. .__

---------------==-. 

1I.0.1.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. 

11.0.1.0. Unpaved public and private roadways, except for haul roads located within a 

stationary source site boundary. 

. 1.p.Sanding of streets and roads to abate traffIC hazards caused by ice and 

11.0.1.q.	 burning actiVities, except that all reporting and permittin quirements that 

apply uch operations must be followed (see Regulatio o. 9). 

11.0.1.r. Brazing, solde or welding operations, exce ose that use lead based 

compounds. All we . g that occurs stricti r maintenance purposes is exempt. 

II.0.1.v. Sa . 9 operations, thatis ancillary to facility operation 

roduction process. 

CODE OF COLORADO REGULATIONS	 5 CCR 1001-5 
Page 20	 29 CR 10, 10-06 

II.D.1.w.	 The r e bricking of furnaces and kilns. This 

no Include subsequent operation of suc 

II.D.1.x. Road and lot paving operations at commercial and Industrial facilities, except that 

asphalt and cement batch plants require Air Pollutant Emission Nolices and 

permits. unless exempt under some other section. 

II.D.1.y.Adhesive use that is not related to production. 

II.D.1.%. Fire traini~g aetp.·ities. 

II.D.1.aa. Caulking operations that are not part of a production process. 

II.D.1.bb. Landscaping and site housekeeping devices equal to or less than ten 

horsepower in size (lawnmowers, trimmers, snow blowers, etc.). 

.._--------------------------""7" 

II.D.1.cc. Fugitive emissions from landscaping activities (e.g., weeding, sweepi 

Landscaping use of pesticides. fumigants, and herbicides. 

Crude oil truck loading equipment at exploration a oduction sites 

ere the loading rate does not exceed 10,000 gallon crude oil per day 

ave ed on an annual basis. Condensate truck I ing equipment at 

eXplora and production sites that splash fi ss than 6750 barrels of 

condensate ear or that submerge fill than 16308 barrels of condensate 

per year. crude r condensate 10 . g truck equipment at crude oil production 

II.D.1.n. Beauty salons. 

fires. 

Plastic pipe welding. 

II.D.1.gg. 

sites where the loadin ate doe ot exceed 10,000 gallons per day averaged 

over any thirty-day period. 

. .1,ii. Vacuum cleaning systems used exclusively for industrial. com 

residential housekeeping purposes. 

II.D.1.kk. Operations involving acetylene, butane, propane and other flame cutting 

torches. 

II.D.1.mm. Chelr1i11::al-5toraa 

containers, and where capacity does not exceed five thousand 

gallons. . mption applies solely of such chemicals. This 

~~" ..mption does not apply to transfer of chemicals fro • 

containers. 

II.D.1.nn. Architectural painting. roof coating material and associated surface 

preparation (except for sandblasting and except for volatile organic compound 

emissions, associated with surface preparation, above Air Pollutant Emission 

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

----

Cl2006 Mallhew Bender &: Co. for Ihe Slate ofColorado 29 CR 10. 10-06 Page 21 

All Righls Reserved 

Notice de minimis levels) for maintenance purposes at industrial or commercial 

facilities. 

/1.0.1.00. Emissions that are not criteria (as defined in section I.B.16. of this Part) 

or non-criteria reportable pollutants (as defined in section I.B.28. of this Part) 

(These emissions include methane. ethane. and carbon dioxide). 

Grounds keeping activities and products. 

Janitorial activities and products. 

Blast cleaning equipment using a suspension brasive in water and 

y exhaust system or collector serving them exclusively. 

.1.yy. Commercial laundries (except dry cleaners) that do not 

solid fuel. 

1.0.1.rr. Sources of odorous emissions that do not utilize emission trol 

equipment for control of odorous emissions. This exemption ap. es to the odor 

emissions only. All other emissions are subject to other exe tions set forth In 

's regulation. This exemption does not exempt any sou e from the 

r ments of Regulation No.2. 

/I.0.1.uu. 

11.0.1.55. 

1I.0.1.zz. Storage of butane. propane, or liquefied petroleum gas in a vesse 

capacity of less than sixty thousand gallons, provided the requirements of 

Regulation No.7, section IV. are met, where applicable. 

11.0.1.w. 

11.0.1.pp. 

11.0.1.qq. 

11.0.1.ww. 

11.0.1.aaa. Storage tanks of capacity less than forty thousand gallons of lubricating 

oils or used lubricating oils. 

11.0.1.bbb. Venting of compressed natural gas, butane or propane gas cylinders. 

with a capacity of one gallon or less. 

11.0.1.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 the Denver 1-hour ozone attainment/maintenance area must 

utilize Stage 1 vapor recovery on all tanks greater than 550 gallons capacity, as 

required by Regulation No.7. in order to take this exemption. 

1l.0.1~1.--~G-'-"RlQanilstorage tanks with a capacity of4Q,Oge gallons or less. 

--­ CODE OF COLORADO REGULATIONS	 5 CCR 1001-5 
--1I.0.1.eee. Ire a permit regulation specific to indirect 

Page 22	 29 CR 10, 10-06 

omu gated by the commlSSIO . 

1I.0.1.fff. Storage tanks meeting all of the following criteria: 

11.0.Uff.(i) Annual throughput is less than four hundred thousand gallons; 

and 

11.0.1.fff.(li) The liquid stored is one of the following: 

11.0.1.fff.(ii)(A) Diesel fuels 1 0, 2 0, or 4 6; 

11.0.1.fff.(ii)(B) Fuel oils #1 through #6; 

11.0.1.fff.(i1)(C) Gas turbine fuels 1 GT through 4 GT; 

11.0.1.fff.(1l)(0) oil/water mixtures with a vapor pressure equal to or 

lower than that of diesel fuel (Reid Vapor Pressure of 0.025 

pounds per square inch absolute). 

1I.0.1.ggg. Each individual piece of fuel burning equipment that uses gaseous fuel, 

and that has a design rate less than or equal to ten million Bntish thermal units 

per hour, and that is used solely for heating buildings for personal comfort. 

11.0.1.ili. 

Natural gas vehicle fleet fueling facilities. 

11.0.1.111.	 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 

of such 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 or federal agency. If 

production will not occur, or production will not result in reportable emissions, the owner 

or operator shall submit written notice to the division indicating that the well was plugged, 

or that emissions are otherwise not reportable. 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 report of first production is filed with the appropriate 

state or federal agency but no later than ninety days following the first day of production. 

11.D.1.m~~;Cy~,::;~\IR9equipment and associated aGli.. ities fur glass that is destined 

11.0.1.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 ground mines or surface mines unless such 

6 CCR 1001-.6	 CODE OF COLORADO REGULATIONS 
02006 Matlhew Bende. 8< Co. for lhe Stale of Colorado 29 CR 10, 10·06 Page 23 

All Rights Reserved 

source is a major source of hazardous air pollutants under Part C of Regulation 

No.3. 

II.D.1.000.	 -rhe use of pesticides. fumigants. and herbicides when used in 

accordance with requirements established under the 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 of emissions from mobile sources operating within a tunnel, 

garage, or building. 

II.D.1.qqq. Non-asbestos demolition. 

II.D.1.rrr. Sandblast equipment when the blast media is recycled and the blasted 

material is collected, including small sandblast glove booths. 

II.D.1.sss. Stationary Intemal Combustion Engines that meet the following 

specifications: 

II.D.1.sss.(i) Less than or equal to 175 horsepower that ope e less than 

1,450 hours per year; or 

II. . sss.(ii) .Greater than 175 horsepower an ss than or equal to 300 

rsepower that operate Jess than 85 ours per year; or 

ater than 300 ho power and less than or equal to 750 

ss than 340 hours per year. 

11.0.1.ttt. 

II.D.1.	 . ii) Operate no more than 250 hou 

horsepower Of less than 737; or 

II.D.1.ttt.(lii) Operate no more than 100 hours per year an 

horsepower of less than 1,840. 

11.0.1.uuu. Surlace water storage impoundment of not potable water and stor 

water evaporation ponds. 

Il.0.1.wv.
 

II.D.1.www. Steam vents and safety release valves.
 

11.0.1 xxx CeaertitOn~aCUuiii PUliil' 8MhSy8ts 

1I.0.1.yyy. Seal and lUbricating oil systems for steam turbine electric generators. 

11.0.1 :1270. Venting of natural gas lines for safety purposes. 

1I.0.1.aaaa. Chemical Storage Tanks 

II.0.1.aaaa.(i)	 Sulfuric acid storage tanks not to exceed ten thousand five 

hundred gallons capacity. 

Non-potable water pipeline vents. 

CODE OF COLORADO REGULATIONS	 6 CCR 1001-6
 
Page 24	 29 CR 10, 10-06 

1I.0.1.aaaa.(ii) Sodium hydroxide storage tanks. 

1I.0.1.bbbb. Containers, reservoirs, or tanks used exclusively for dipping operations 

that contain no organic solvents for coating objects with oils, waxes, greases, or 

natural or synthelic resins. 

1I.0.1.cccc. Wet screening operations notwithstanding the applicability of the New 

Source Performance Standards included in the Code of Federal Regulations. 

Title 40. Part 60, Subpart 000. 

11.0.1.dddd. Non-road engines as defined in section I.B.29. of this Part A, except 

certain non-road engines subject to state-only air pollutant emission notice and 

permitting requirements pursuant to section I.B.29.c. of this Part. 

.0.1.ffff Air Curtain Destructors buming only yard te, wood waste, 

and clean lumber, or any mixture thereof generated as esult of 

projects to reduce the risk of wildfire and are not located a ommercial 

or industrial facility. Air curtain incinerators that are consldere 

incinerators as defined by the Common Provisions do not meet this 

11.0.1.eeee. Any condensate storage tank with a production rate of 730 barrels per 

year or less or condensate storage tanks that are manifold together with a 

production rate of 730 barrels per year or less that are owned and/or rated by 

the same person, and are located at exploration and production . s. 

exemption. 

11.0.2.	 An Air Pollutant Emission Notice must be filed for all incinerators. 

".0.3.	 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. 

11.0.4.	 Any person may request the division to examine a particular source category or activity 

for exemption from Air Pollutant Emission Notice or permit requirements. 

11.0.4.a. Such requests shall be made separately from the permit application review 

procedure. 

1I.0.4.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. 

5 CCR 1001-5	 CODE OF COLORADO REGULATIONS 
02006 Mauhew Bender & Co. for the StaleofColonldo 29 CR 10, 10-06 Page 25 All RiShlB Reserved 

1I.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 No.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 1J.D.4.b.(i) and/or 

II.D.4.b.(ii), above, are met, and the source ·or activity 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 or activity that is 

subject to any federal applicable requirement. The division shall 

determine on a case-by-case basis if sources or activities subject to state 

only regulations may be granted an exemption. 

II.D.4.c. None of the 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 NO.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 or quantitative analysis on environmental, clinical, geological. forensic, or 

process samples may estimate emissions for purposes of Air Pollutant Emission Notice 

reporting based upon a mass balance calculation utilizing inventory and purchase 

records of solvents and reagents. Such laboratories may, at their discretion, group 

emission points if such 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 exempt from Air Pollutant Emission 

Notice. reporting, provIded such samples subjected to analysis are less than five gallons 

for liquids, or five pounds for solids. 

II.D.6.	 Researd"l and development activities that do not fall within the small scale exemption in 

section II.D.1.i. may estimate emissions for purposes of Air 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 of the year 

following the project's conclusion for each project that is not exempt under section 

/I.0.1.i.. Irrespective of section II.C.• herein (revised Air Pollutant Emission Notice 

requirements), such Air Pollutant Emission Notices shall be filed on a per project basis 

and shaH be based on controlled actual emissions. 

III.B. 

lieation for an administrative permit amendment shall be pre"""·.......1'1 

division. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5