# DEPARTMENT OF PUBLIC 

# HEALTH AND ENVIRONMENT

AIR 

### QUALITY CONTROL CO:Ml.\flSSION


## COMMON PROVISIONS REGULATION

5 CCR 1001-2

EDITOR'S NOTES* Authority Cited: See page 1, section I, B.

:History and Amendments: i Repealed and readopted 12/14fi8, 2 CR 1. Pp. 1-28 adopted 5/22/80, effective 6/30/80, 3 CR 6. Pp

. 1-33 amended and revised 6/5/80, effective 7130/80,3 CR 7. Pp. 4-5 adopted 11/20/80, effective 12/30/80,3 CR 12. Pp. 1-27 adopted 4/8/82 , effective 5/30/82, 5 CR 5

. Pp. 1-36 adopted 3/10/83, effective 4 /3 0/83 , 6 CR 4. Pp. 1---38 adopted 8118/88, effective 9/30/88, 11 CR 9. Pp

. 1-37 adopted 5/17 /90, effective 6/30/90 , 13 CR 6. Pp. 1-36 adopted 10/17/91, effective 11/30/91, 14 CR 11. Pp. 1-36 adopted 8120/92, effective 9/30/92, 15 CR 9. Pp. 1-38 adopted 11/19/92, effective 12/30/92, 15 CR 12. Pp. 21-22,29-30 adopted 6/22/93, effective 8/30/93, 16 CR 8. Pp. 20-23 adopted 12/21/95, effective 3/1/96, 19 CR 2. Pp. 21-22 adopted 11121/96, EFFECTIVE 1/30 /97, 20 CR 1. Pp

. 1-80 adopted 3/15/01, EFFECTIVE 4/30/01,24 CR 4. Pp. 38.01-39, 81

- 85 adopted 4/19/01, EFFECTIVE 6/30/01 , 24 CR 6

. Pp. 38-40 adopted 8/16/01, EFFECTIVE 9/30/01, 24 CR 9. A. 

### G. Opinions: 2 AG 15; 3 AG 146; 3 AG 186; 3 AG 301; 5 AG 113; 6 AG 110-111; 11 AG 270; 13 AG 175; 14 AG 359; 15 AG 360; 15AG 507; 16 AG 273; 19 AG 51; 20 AG 19; 24AG 128; 24 AG 166; 24 AG251 Annotations: Rule Ill was not extended by H.B. 93-1131 and therefore expired June 1, 1993. Rule Ill adopted after January 1, 1992 and before January 1, 1993 was not extended by 

# IH.S. 93-1131 and lherefore expired June 1,**~99 3.** 

'"This Title Page does DOlconstitute an official panofany regulation. Information comainedonthe tillepageis provided by the Publisher from sources deemedreliable andis solely for informational and historical purposes. See cautionary ncxeinlntroducloryMau:rials. How 10 Use the CCR. @ 2002 Weil Publishing for the State ofColacado. All Rights Reserved. (800) 877-WElLEDITOR'S NOTES (continued) History and Amendments: Pp. 1-71 adopted 7118/02, EFFECTIVE 9/30/02, 25 CR 9.



### A.G. Opinions: 25 AG 311

Annotations:



### 5 

### CCR 

### 1001-2 

### Page2

### COMMON PROVISIO NS

.REGULATION

Table ofContents 

### I. DEFINITIONS, STATEMENT OF INTENT, AND GENERAL PROVISIONS APPLICABLE TO ALL EMISSION CONTROL 

### REGULATIONS ADOPTED BYTHE 

### COLORADO AIR QUALITY CONTROL CO:MMISSION

. ................ ............................ 1 J..A. Applicability

........ ... .................... ............................. .. ..................................................... 1 

### I.B. Authority

................................................................................................ ............. .. .......... 1 I.

C. Colorado 

### Air Pollution Prevention and Control Act: Colorado Revised Statutes section 25-7-102 (Legislative Declaration)

............................................................................... 1 I.D. Intent

..... . .................................................................. . ...................................................... 2 

### I.E. Growth

................................. .. ....................... ............. ..... . ............................................... 

### 2 I.F. Abbreviations

.............. ... ..... . .......................................................................... .. .. .. ...... ..... 

### 3 I.G. Definitions

............. ............................................................. .............:............................... 

### 5 

## n. GENE:RAL

........................................... . ............................ . ............................................... 24 ll.A. To Control 

### Emissions Leaving Colorado

............................. ................................ ........ 

### 24 ll

. B. Emission 

### Monitoring Requirements

...... .. ................... . ... ............... .. ....... . ..................... 

### 24 ll.C. Performance Testing

.. ........................................................ .. ...................................._... 24 ll.D. Ambient 

### Air 

### Monitoring Requirements (Reserved)

..................................................... 26 

### ll.E. Upset Conditions


### . and Breakdowns

............... ..................................... . .......................... 26 IT

.F. Circumvention Clause

.............................................................................................. ..... 26 ll.G. Conflicts

........................................................................................................................ 26 ll.H. Severability Clause

..................... .. ................... .. .......................... .. .. ......:...................... 26 

### ll.I. Compliance 

### Certifications

............................ .......... ... ............. :..................................... 26 ll.J. Affirmative Defense Provision for Excess Emissions During Startup 

### and Shutdown. 27 

## m. RESERVED

...... . ........................................................................... ............ .. ...................... 28 

### IV. RESERVED

.................. . ............. ............. ....... .... ............. . ........ .. ........................... . .......... 28 V. 

### STATEMENTS 

### OF BASIS, SPECIFIC 

### STATUTORY AUTI10RITY 

### AND PURPOSE

.......... ........................... .. ... .............................. . ..... .. .................... .. .. ...... ........................ ..... 29 V.A. December 14, 1978- Definitions

.................................................. . ..... .. ........................ 29 V.B. June 5, 1980- Abbreviations 

### and Definitions

......................................................:....... 31 

### V.C. May 

### 13, 1982

- Public Couunent

.............................. . .................................................. 

### 35 V.D. March 10, 1983 -Prevention ofSignificantDeterioration

........................................... 36 V .E. December 21, 1995 7 Negligibly ReactiveVolatile Organic Compounds

................... 58 V.F. November 21, 1996

- Negligibly ReactiveVolatile Organic Compounds

................... 60 

### V.G. April19, 2001 -Any Credible Eviden ce and

### NRVOCs (methyl acetate)

................. .. 61 

### v :

.H. August 16, 2001 -Affirmative Defense

... .. .. ......................................... ....................... 65 V.I. July 18,2002- General Cleanup 

### and Clarifying Changes

........................................... 68

Common

### ProvisJOns Regulation i



### 5 CCR 1001-2Colorado 

### Air Quality Control Commission

Action Added definitions and conflict ofinterest provision. Added abbreviations and definitions related 

### to Reg. 3. Revised pub Jic comment for small sources locating 

### in nonattaimnent

. areas. Added definitions for the PSD program regulations. Added definitions for Neglig i blyReactive VOCs and net emission increase. Upda tes NRVOC list to be consistent with federal list. Added an Any Credible Evidence Rule and incorporates by reference the federal VOC d efinition. Also exempts me thyl acetate from definition ofVOC. Adds an affirmative defense

. provision for excess emissions during startup and shutdown. General cleanup and clarification. Common Provisions Regulation Rulemaking Chronology Adoption Dat e December 14, 1978 June 5, 1980 May 13,1982
March 10, 1983 December 21, 1995
November 21, 1996 Apri11 9, 2001

August 16,2001 July 18, 2002

Common Provisions Regulation ii



### 5 CCR 1001-2 Effective Date

September 30, 2002o 2002 Weil Publishing for the State of Colorado 

### 25 CR 9, 9-02 All Rights Reserved
COMMON PROVISIONS REGULATION

. I. DEFINITIONS, STATEMENT OF INTENT, AND GENERAL PROVISIONS APPLICABLE TO ALL EMISSION CONTROL REGULATIONS ADOPTED BY TIIE COLORADO AlR QUALITY CONTROL COMMISSJON I.A. Applicability Emission control reguJations adopted bythe 

### Air Quality Control Commission apply throughout Colorado unless otherwise stipulated. The Statement ofIntent, Definitions, and General Provisions of this regulation apply to all emission control regulations adopted by the commission unless otherwise stipulated. Pursuant to Colorado Revised Statutes section 24-4-103 (12.5), copies ofmaterials incorporated byreference 

### are available for public inspection during regular business hours at the Office ofthe Commission, located at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530, ormay 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. Materials incorporated by reference are those editions in existence as ofthe date this reguJation is promulgated or revised by the commission and references do not include later amendments to or editions ofthe incorporated materials. I.B. Authority Colorado Revised Statutes section 25-7-109 provides: 

### 'As promptly as possible, the commission shall adopt and promulgate, and from time to time modify orrepeal emission control regulations which require the use ofeffective practical airpollution controls.' Colorado Revised Statutes Sections 25-7-1051hrough 25-7-110, section 25-7-114 and section 25-7-117 are the general statutory authority for adoption by the commission of standards, regulations, and programs. I.C. Colorado Air PollutionPrevention and Control Act: Colorado Revised Statutes section 25-7-102 (Legislative Declaration) In order to foster the health, welfare, convenience, and comfort oftbe inhabitants ofthe state ofColorado and to facilitate the enjoyment and use ofthe scenic and natural resources of the state, it is declared to be the policy ofthis state to achieve the maximum practical degree ofair purity in every portion ofthe state, to attain and maintain the National Ambient Air Quality Standards, and to prevent the significant deterioration of air quality in those portions ofthe state where the air quality is better than the National Ambient Air Quality Standards. To that end, 

### itis the purpose ofthis article to require the use ofall available practical methods that are technologically feasible and economically reasonable so as to reduce, prevent, and control airpo11ution throughou t the state of Colorado; to require the development ofan air quality control program 

### in which the benefits of the airpollution control measures utilized bear a reasonable relationship to the Common Provisions Regulation Page 1 

### Page 1



### CODE OF COWRADO REGULATIONS 5 CCR 1001-2

### Page2
economic, environmental, and energy impacts and othercosts ofsuch measures; and to maintain a cooperative program betWeen the state and local units ofgovernment. It is further declared that the prevention, abatement, and control ofair pollution ineach portion ofthe state are matters ofstatewide ooncem and 

### are affected with a public interest and that the provisions ofthis article are enacted in the exercise ofthe police powers ofthis state for the purpose of protecting the health, peace, safety, and general welfare of the people ofthis state. The General Assembly further recognizes that a current and accurate inventory ofactual emissions ofairpollutants 

### from all 

### sources is essential for the proper identification and designation ofattainment and nonattainment areas, the determination of the most costeffective regulatory strategy to reduce pollution, the targeting of regulatory efforts to achieve the greatest health and environmental benefits, and the achievement ofa federally approved clean 

### air program. Inorder to achieve the most accurate inventory of 

### air pollution sources possible, this article specifically provides incentives 

### to achieve the most accurate and complete inventory possible, and to provide for the most accurate enforcement program achievable based upan 

### that inventory. l.D. Intent To implement the legislative declaration and other sections of the Act, the commission declares that it is the intent and pUipOse ofthese regulations is to: I.D.l. Achieve and maintain levels ofair quality that will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, prevent unreasonable interference with the public welfare, preserve visibility, and protect scenic, aesthetic and historic values ofColorado; 1.02. Require the use ofall available practicable methods to reduce, prevent, and control air pollution for the protection ofthe health, safety, and general welfare ofthe people ofthe state ofColorado. Inorder to achieve air purity consistent with this intent, it may be necessary, ultimately to control airpollutant emissions to such a degree ofopacity so that the emissions are no longer visible; 

### I.D.3. Prevent significant degradation ofColorado's 

### air resource; 

### I.D.4. Prevent odors and other air pollution problems which. interfere with the comfortable enjoyment oflife; and ID.S. Apply the majorresources ofthe Co1orado airpollution control programs toward solving priority air pollution problems. 

### I.E. Growth The commission recognizes that the growth in the amount and complexity ofair pollution in Colorado isbrought about by, and incident to, population growth, mobility, increased affluence, industrial development and changing social values in said state. Common Provisions Regulation Page2



### CODE OF COLORADO REGULATIONS.··· ': c 2002 Well Publishing for the State of Colorado 

### 25 CR 9, 9-02 All Rights Reserved · The commission believes that the 

### air pollution problem 

### is likely to be aggravated and compoundedby additional population growth, mobility, affluence, industrial development, and changing social 

### values in the future, that are likely to result in serious potential danger to the public and the environment. Therefore, 

### the commission intends to pursue solutions, 

### in conjunction with other appropriate agencies and interests that have 

### a direct interest and capability 

### in solving a growing air pollutionproblem(s) 

### in relation to the broader environmental degradation problem. Itis the intent ofthe commission to coordinate with industrial, commercial, agricultural, and transportation planning organizations, land use, and other environmental organizations, the public, the legislature, educational organizations, 

### and other major interests 

### in su ch 

### a manner 

### as to prevent 

### air pollution 

### in Colorado. LF. Abbreviations Abbreviations used inthe commission's regulations have the following meaning: 

### ASTM APEN AQCR AQRV BACT 

### BART 

### BTU 

# oc cal CAS C.C.R. CdS cfm C.F.R. 

# co**c~** 

### CE.M COM C.R.S. dscm dscf U.S. EPA ERC 

### eq 

### "F FLM Fed. Reg. FS ft g American Society for Testing and Materials 

### Air Pollutant Emission Notice 

### Air Quality Control Region Air Quality Related Value Best Available Control Technology Best Available Retrofit Technology British thermal unit degree Celsius (centigrade) calorie Chemical Abstract Service Code ofColorado Regulations Cadmium sulfide cubic feet per minute Code ofFederal Regulations carbon monoxide carbon dioxide conti nuous emission monitoring continuous opacity monitoring Colorado Revised Statutes dry cubic meter(s) 

### at standaid conditions dry cubic feet at standard conditions United States Environmental Protection Agency emission reduction credit equivalence degree Fahrenheit Federal Land Manager Federal Register Forest Service feet gram(s) Common Provisions Regulation Page3 

### Page3



### CODE OF COLORADO REGULATIONS 5 CCR 1001-2

### Page4

GACT gal geq GEP gr hr HAP(s) HC 

### HCI 

### Hg 

### H20 HzS H2S04 hz in 

### 1 

# ex kg 

### LAER I lpm lb 

### LTS m MACT meq 

### min mg 

### rnl rnm mol mol.wl mV N NA(s) NAAQS NESHAP 

### N2 ng 

### NPS NO N(h 

### NOx NRVOC(s) 

### NSPS Generally Available Control Technology gallon(s) gram equivalent Good Engineering Practice grain(s) hour(s) hazardous airpollutant(s) hydrocarbons hydrochloric acid mercury water hydrogen sulfide sulfuric acid hertz inch(es) joule degree Kelvin kilogram(s) Lowest Achievable Emission Rate liter(s) · liter(s) per minute pound(s) Long Term Strategy for VisibilityProtection mcter(s) Maximum Achievable Control Technology milliequivalent(s) m:inute(s) milligram(s) milliHter(s) millimeter(s) mole molecular weight millivolt Newton Nonattainrnent Area(s) National Ambient 

### Air Quality Standards National Emission Standards for Hazardous Air Pollutants nitrogen nanogram (I0-9 grams) National Park Service nitric oxide nitrogen dioxide nitrogen oxides Negligibly Reactive Volatile Organic Compound(s) New Source Performance Standards
Common Provisions Regulation Page4



### S CCR 1001-2 COD E OF COLORADO REGULATIONS I' I

··.o 2002 Weil Publishing**f~r** the State of Colorado 

### 25 CR 9, 9-02 All Rights Reserved

I.G

. NSR 0**~** 

### Pa PM PM t o pp

b ppm PSD psia psig PTE RACf 

### o:R RFP sec SIP**s~** 

## so3 S O x STP 

### TPY TSP**~g** 

## usc VAC VDC 

## v 

# voc w
Definitions New Source Review ohm oxygen pascal particulate matter 

### Particulate Matter with 

### Diameter of 

### 10 Microns or

### Less parts perbillion parts permillion Prevention ofSignificantDeterioration pounds per square inch absolute pounds per square inch 

### gauge potential to emit Reasonably Available Control Technology degree Rankine Reasonable Further Progress second State Implementation 

### Plan sulfur dioxide sulfur trioxide sulfur oxides standard temperature and pressure tons per year Total Suspended 

### Particula tes microgram(s) 

### (10 -6 gram ) United States Code volts alternating current volts direct current volt Volatile Organic Compound watt

The following words and phrases shall have the following meanings unless the context in which they are used requires specific meaning within separate commission regulations. In those instances, words and phrases 

### shall be defined 

### in the appropriate regulation. ABSOLtrrEVAPORPRESSURE Thepressure relative to an absolute vacu um that a confined vapor exerts at a given temperature when 

### in equilibriwn with its sol id or liquid state
.

Common Provisions Regulation PageS 

### Page 

### 5

CODE OF COLORADO REGULATIONS 

### S CCR 1001-2

### Page 6

ACT The "Colorado Air Pollution and Prevention Control Act''. Colorado Revised Statutes Title 25, Article 7. 

### AIR POLLUTANT Any fume, smoke, particulate matter, vapor, gas, or any combination thereofthat is emitted 

### into orotherwise 

### enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and by-product materials) substance or matter, but not including water vapor or 

### steam condensate or any other emission exempted by the commission consistent with the Federal 

### Act. Such term includes any precursors to 

### the formation ofany airpollutant, to the extent the administrator ofthe U.S

. 

### EPA or the commission has identified such precursor(s) for the particular purpose for which the term "air pollutant" is used. AIR

### POLLtmON Any concentration ofone or more air pollutants 

### in the ambient air that has 

### caused, 

### is causing, or if unabated, may cause injury to hwnan, 

### plant, or animal life, or injury 

### to property, or which unreasonably interferes with 

### the comfortable enjoyment oflife or property or with 

### the conduct ofbusiness. AIR POLLtmONCONTROL AUTHORITY The division or my person or agency given authority by the division or a 

### local government unit 

### duly authorized with respect to air 

### pollution control

. ALTERNATIVE METIIOD Any method ofsampling and analysis for an airpollutant that is not a ref erence or equivalent method, but has been approved by the division. 

### AMBIENT AIR Thatportion ofthe atmosphere, external to the source, to

### which the general public has access. 

### AREA CLASSIFICATION The commission and the U.S. EPA have designated the entire state into attainment, nonattainment orunclassifiable areas. ASPHALT CONCRETE PLANT Any facility used 

### to manufacture asphalt concretebyheating and drying 

### aggregate and 

### mixing with asphalt compounds. Conunon Provisions Regulation Page6



### 5 CCR 1001-2 CODE OF COLORADO REGULATIONSo 2002 Weil Publishing 

### fi?r the State 

### ofColorado 25 CR 9, 9-02 All Rigbls Reserved 

### ASPHALT PAVING MATERIAL A 

### petroleum based asphaltic compound used in 

### the preparation ofasphalt concrete for application to 

### roads, highways, and streets. ATMOSPHERE The surrounding or outside air, 

### i.e., external to buildings. Emissions ofair pollutants from a building or structure not specifically designed to control pollutant emissions from sources within such building or structure shall constitute 

### an emission into the ambient air 

### or atmosphe re. ATTAINMENT AREA Any area within Colorado designated by the commission and approved by the U.S. EPA in

### which 

### the ambient air concentrations of

### any designated pollutants 

### are less than 

### that specified in

### the National Ambient Air 

### Quality Standards. 

### BULK PLANT A petroleum distillate storage and distribution facility that has 

### an average daily throughput of76.000 liters (20,000 

### gallons) or less which is loaded 

### directly into delivery vehicles. (As 

### used herein. "bulk

### plant" does 

### not include service stations or a 

### separate operation within 

### a petroleum distribution facility that pumps only into fuel tanks 

### fueling motor vehicles and trucks.) CAPA

### CITY FACTOR The ratio ofaverage load

.to the capacity rating ofthe machine or equipment for the 

### specified period oftime. CAPTURE 

### SYSTEM The equipment, including hoods, ducts, 

### fans, dampers, etc
., used to capture or transport air pollutants. 

### CLAUS SULFUR RECOVERY PLANT A process 

### unit that 

### recovers sulfur from hydrogen sulfide by a vapor-phase catalytic reaction involving sulfur 

### dioxide and hydrogen sulfide.

All solid fossil fuels classified as anthracite, bituminous, sub-bituminous, or ]ignite by the appropriate American Society for Testing and 

### Materials method.

Common Provisions Regulation Page? 

### Page7



### CODE OF COLORADO REGULATIONS 5 

### CCR 1001-2

### Page 8

COAL PREPARATION PLANT AIJ.y facility (excluding underground mining operations) which prepares coal by one or more ofthe following processes: breaking, wet 

### or dry

### cleaning, crushing, screening, and thennal drying. 

### COAL PROCESSING AND 

### CONVEYING EQUIPMENT AIJ.y machinery used to reduce the size ofcoal or to separate coal from refuse; the equipment 

### used to convey coal orto remove coal from refuse; the equipment used to convey coal or to remove coal and refuse from the 

### machinery including, but not limited to, breakers, crushers, screens, and conveyor belts. 

### COAL REFUSE Waste products ofcoal mining, cleaning, and preparation. 

### COALSTORAGESYSTmM Aiay facility 

### used to store coal except for open storage 

### areas. COMMISSION The 

### Air Quality Control Commission 

### created by Colorado 

### Revised Statutes section 

### 25-7- 104. 

### CONDENSATE Hydrocarbon liquids that remain liquid at standard conditions (68 degrees Fahrenheit and 29.92 inches Mercury) and are formed by condensation from, orproduced with, natural 

### gas.

CONTINUOUS MONITORING SYSTEM A comprehensive term that may include, but is not limited to, continuous emission monitoring systems, continuous opacity monitoring systems, continuous parameter monitoring systems, or other manual or automatic monitoring that 

### is used for

Common Provisions Regulation PageS



### SCCR 1001-2 CODE OF COLORADO REGULATIONS

### o 2002 

### Weil Publishing 

### for the State 

### of Colorado 

### 25 CR 9, 9-02 All RightS 

### Reserved



# - demonstrating**c<;~mpliance** with 

### an applicable regulation on a continuous basis as 

### defined by the 

### regulation. CONTROL DEVlCE (STATIONARY) The airpollution control equipment used to remove air pollutants generated by a 

### stationary source. CONTROL DEVlCE (MOBILE) Air pollution control equipment used to remove air pollutants generated by mobile sources. CRUDE OIL Raw petroleum as it 

### comes from the well, as pyrolyzed from kerogen. processed from tires, or recovered from other processes. CYCLONIC FLOW A 

### spiraling movement ofexhaust gases within a duct or stack.

.v A 

### single twenty-four hm r · uum mt<lnlgllt".v · -' •ght 

### orother twenty-four hour

,. · -as approved by the 

### division on a 

### case--by-case basis

. DEPARTMENT The Colorado Department of Public Health and 

### Environment. DEPARTMENT OF REVENUE The Colorado Department of Revenue. DMSION The AirPollution Control Division ofthe Colorado Department ofPublic Health 

### and Environment except where specifically designated as the 

### Division ofAdministration of the Colorado Department ofPublic Health and Environment DUST HANDLING EQUIPMENT Any 

### equipment used 

### to transport, convey, orotherwise handle particulate matter that has 

### been collected by an air

### pollution control device.

Common Provisions Regulation Page9 

### Page9

CODE OF COLORADO REGULATIONS 5 CCR 1001-2

### Page 10



### EMERGENCY POWER GENERATOR A generator whose sole function is to provide back-up power when electric power is interrupted. Periodic testing ofthese generators and associated control and switching systems to insure that they are properly functioning will not prevent such a generator from being designated an emergency power generator. 

### EM1SSION The discharge orre lease into the atmosphere (ambient air) ofone or more air pollutants

. 

### EMISSION CONTROL REGULATION Any standard promulgated byregulation that is applicable to all 

### airpollutant sources within a specified area and that prohibits or establishes permissible limits for specific types ofemissions in such areas. Also any regulation that by its terms is applicable to a specined type offacility, process, or activity for the purpose ofcontrolling the extent, degree, ornature ofpollutants emitted from such type · offacility, process, or activity, any regulation adopted for the purpose ofminimizing or preventing 

### the emission ofany air pollutant inpotentially dangerous quantities, and also any regulation that adopts any design, equipment, work practice, or operational standard

. Emission control regulations sha11 not include standards which describe maximmn ambient 

### air concentrations of specifically identified pollutants or which descnbe varying degrees ofpollution of ambient air

. Emission controlregulations pertaining to hazardous air pollutants shall be consistent with the emission standards promulgated under section 1 12 ofthe Federal Act or Colorado Revised Statutes section 25-7-109.3 ofthe Col orado Act in preventing or reducing emissions ofhazardous air pollutants, and may include application of measures, processes, methods, systems, ortechniques, includiitg, but not limited to, measures that:


### a Reduce the volume of, or eliminate emissions of, such po1iutants through process changes, substitution ofmaterials. orother modifications; b. Enclose systems orprocesses to eliminate emissions;
c. Collect, capture, ortreat such pollutants when released from 

### a process, stack, storage, orfugitive emissions point; d. Are design, equipment, orwork practice standards (including requirements for operator training or certification); or
e. A combination ofa. through d., above. 

### EMISSION STANDARD See Standard ofPerformance

.

Common Provisions Regulation Page 10



### 5 CCR 1001-2 

### CODE OF COLORADO REGULATIONS ,." 2002 Weil Publishing for the State of Colorado 

### 25 CR 9, 9-02 All Rights Reserved
EMISSIONS UNIT 

### Page 11

Any part or activity ofa stationary source that emits orhas the Potential to emit any air pollutant regulated under the state or Federal Acts. This 

### term is not meant to alter or affect the definition ofthe term "unit" for purposes ofTitle IV (ac id deposition control) ofthe federal act, or ofthe term nsource" for pwposes ofthe 

### Air Pollutant Emission Notice requirements ofRegulation No.3, Part 

### A. section 11.B.3. 

### ENFORCEABLE Means all requirements contained 

### in any pennit issued 

### in accordance with Regulation No. 3 and allregulatory requirements promulgated by the commission, 1he state Act, consent decrees, and any requirements that are federally enforceable. 

### EQUIVALENT METHOD OF SAMPLING AND ANALYSIS Any method ofsampling and analysis ofan air pollutant 

### that has been demonstrated to the division's satisfaction as having a consistent and quantitatively known relationship to 

### a reference test method. EXCAVATION The removal ofsurface material, that may or may not be replaced, for the putpOse of constiUcting or installing a structure orpiece ofequipment EXCESS EMISSION Emissions ofan air pollutant 

### in excess ofa performance standard promulgatedby the commission. FEDERAL 

### ACT TheFederal"CleanAir Act", 42 U.S.C

. section 7401 et seq. 

### FEDERALLY ENFORCEABLE Means all limitations and conditions which are enforceable by the U.S

. EPA Administrator, including, but not limited to: (1}those requirements developed pursuant to Code of Federal Regulations Title 40, Parts**~0,** 61, 63, and 72; (2) requirements 

### within any U.S. EPA-approved State Implementation Plan; (3) requirements in operating permits issued under an U.S. EPA-approved pr ogram; and (4) any requirements inpennits for new ormodified sources which are issued pursuant to the Code of Federal Regulations Title 40, Section 5221 or under regulations approved by the 

### U.S. EPA pursuant to the Code of Federal Regulations Title 40, Part 51, Subpart I; except those permit requirements specifically identified as state-only enforceable requirements, or specifically incorporating Colorado regulatory requirements (other than the incorporation offederal requirements) not inthe State Implementation Plan. Limitations and Common Provisions Regulation Page 11



### CODE OF COLORADO REGULATIONS S CCR 1001-2

### Page 12

conditions voluntarily sought or accepted and included in operating 

### permits or 

### permits governing new ormodified sources which are issued under regulations approved by the U.S. EPA, for the purpose ofavoi ding classification as a major source or major modification or ofenabling a source to take advantage 

### ofthe early reduction program un der section 112 ofthe Federal Act, 

### are also federally enforceable. 

### FIXED CAPITAL COST The capital needed to provide all the depreciable components. FOSSIL 

### FUEL Natural gas, petroleum, coal, and any form ofsolid, liquid. or gaseous fuel derived from such materials. 

### FOSSIL FUEL AND /OR WOOD RESIDUE FIRED STEAM GENERATING UNIT A furnace orboiler burning a fossil fuel and/or wood residue and producing steamby heat transfer

. FOUNDRY A facility engaged in the melting or casting ofmetals or alloys. FUEL 

### BURNING EQUIPMENT Any furnace, boiler , or otherequipment and appurtenances thereto, burning fuel solely for the purpose of producing heat, but not including; (1) internal combustion engines, or (2) combustion sources that are a part ofa manufacturing process where the emissions are intermixed with the process emissions. 

### FUGITIVE EMISSIONS Emissions that could not reasonably pass through 

### a stack, chimney, vent or other functionally equivalent opening. 

### GRADING The movement ofsoil for the purpose ofestablishing grade and drainage. HAUL 

### ROADS Roads that are used for commercial, industrial or governmental hauling ofmaterials and which the 

### general public does not have a right to use.

Common Provisions Regulation Page 12



### 5CCR 1001-Z C OD E OF COLORADO REGULATIO NSo 2002 Weil Publishing for the State of Colorado 

### 25 CR 9, 9-02 Page 13 All Rights Reserved · HAZARDOUS A1R POLLUfANT (HAP) An air pollutant that presents through inhalation or otherroutes ofexposure, a threat of adverse human health effects (including, but not limited to, substances that are known to be, or ma y reasonably be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, that cause reproductive dysfunction, or that are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise and that has been listed pursuant to section 112 ofthe Federal Act, or section 25-7-109

.3 ofthe state Act. 

### IDGHL Y VOLATll.E ORGANIC COMPOUND A volatile organic compound or mixture ofsuch compoWlds with a vapor pressure in excess of570torr (11 pounds per square inch absolute (psia)) at 

### 20 degrees Celsius or 68 degrees Fahrenheit. 

### illGHTERRAIN Any area having an elevation ofnine hundred feet ormore above the base of the stack of the source. 

### HOURLY PERIOD Any sixty minute period. HYDROCARBON (HC) An organic compound consisting only ofcarbon and hydrogen. 

### INCINERATOR Any equipment, device, or contrivance used for the destruction ofsolids, liquids or gaseous wastes byburning. Excludes devices commonly called 

### wigwam waste burners used exclusively to bum wood wastes 

### and incinerating toilet waste
. 

### lNDIAN GOVERNING BODY The governing body ofany tribe, band, or group ofIndians subjectto thejurisdiction of the United States and recognized by the United States as possessing power ofselfgovernment. 

### INDIAN RESERVATION Any federally recognized reservation established b y Treaty, Agreement, Executive Order, or Act ofCongress.

Common Provisions Regulation Page 13



### CODE OF COWRADO 

### REGULATIO NS 5 CCR 1001-2

### Page 14

INTERMTITENT SOURCES Those stationary sources ofair pollution that do not operate on a continuous basis for a period oftime sufficient to allow for opacity observations in accordance withU.S. 

### EPA Method 9. ISOKINETIC SAMPLING Sampling in which the linear velocity ofthe gas en tering the sampling nozzle is equal to that ofthe undisturbed gas stream at the sample point 

### LEAD (PB) Elemental lead, l ead containing alloys and corqpounds oflead. LOW TERRAIN Any area other than high terrain. MACHINE SHOP A facility perfonning cutting, grinding, tuming, honing, · milling, deburring, lapping, electro-chemical machining, etching, or other similar operations.**~ACTUrnlNGPROCESSORPROCESSEQ~MrnNT** An action, operation, ortreatment involving chemical, industrial, ormanufacturing factors, such as heat treating furnaces, or fuel

-burning devices that are a part ofa manufacturing process where emissions are intermixed with the process emissions, heating and reheating furnaces, sintering trains, electric furnaces, kilns, dryers; roasters, painting ovens, direct fired drying ovens, crushers, and all other methods and forms of manufacturing or processing that emit, or affect the emission ofairpollutants, but not including fuel-burning equipment. 

### MONITORING SYSTEM The complete set ofequipment required under Regulation No.3 that is used to measure and record, ifso required, those parameters specified. 

### MOTOR VEIDCLE Any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property and for which registration 

### in Colorado is required for operation on public roads and highways as defined 

### in Colorado Revised Statute section 42

- 1-102(58).

Common Provisions Regulation Page 14



### S CCR 1001-2 CODE OF 

### COW RADO REG ULATIONS

### c 2002 

### Well Publishing for the State 

### of Colorado 25 

### CR 9, 9-02 All Rights 

### Reserved ·
MOTOR VEHICLE EXHAUST 

### GAS ANALYZER Any instrument adopted by the commission that is 

### used to measure the concentrations or mass ofhydrocarbons, carbon monoxide, nitrogen oxides, oxygen and carbon dioxide in 

### motor vehicle exhaust. 

### NEGLIGIBLY REACTIVE 

### VOLATILE ORGANIC COMPOUNDS (NRVOCs) The U.S. EPA definition ofvolatile organic compounds located in 

### the Code ofFederal Regulations Title 40, 

### section 51.100 (s), referred 

### to within 

### these regulations as Negligibly Reactive Volatile Organic Compounds is hereby incorporated by

### reference by the commission and made a part ofthe Colorado Air 

### Quality Control Commission Regulations. Materials incorporated by reference 

### are those 

### in existence 

### as ofthe date of this regulation and 

### do not include later amendments. The material incoxporated by reference is available for public inspection during regular business hours at the Office of the Commission, located at 4300 Cherry Creek 

### Drive South, Denver,**Co~orado** 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. The list 

### ofNegligibly Reactive Volatile Organic Compounds is included for easier reference: Methyl Acetate Acetone Methane Ethane Methylene Chloride (Dichloromethane) 1,1,1-Trichloroeth.ane (Methylchloroform) 1,1 ,2

-Trichloro-1 ,2,2- Tri.flouroethane (CFC-113) Tricblorofluoromethane (CFC-11) Dicblorodifluoromethane (CFC-12) Cblorodifluorometbane (HCFC-22) Trifluoromethane (HFC-23) 1,2-Dichl.oro 1,1,2,2-Tetrafluoroethane (CFC-114) Chloropentafluoroetbane (CFC

- 115) 1,1,1-Tri.f luo ro 2,2-Dichloroethane (HCFC-123) 

### 1, 1,1,2-Tetrafluoroethane (HCFC-134A) 1,1-Dichloro 1-Fluoroethane (HCFC 141B) 1-Chloro 1,1-Difluoroethane (HCFC-142B) 2-Chloro-l,

### 1,1,2- Tetrafluoroethane (HCFC-124) Pentafluoroetbane (HFC-125) 1,1 ,2,2- 

### Tetrafluoroethane (HFC-134) 1,1,1-Trifl uoroethane (HFC-143A) 1,1-Difluoroethane (HFC-152A) Parachlorobenzotrifluoride (PCBTF) 

### Common Provisions Regulation Page 15 

### Page 15

CODE OF COLORADO REGULATION S 5 CCR 1001-2

### Page 16
Cyclic, Branched, or linear completely methylated siloxanes Perchloroetbylene (Tetrachloroethylene) 3,3-dicbloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 1

,3-dichloro-1.1.2.2.3-pentafluoropropane (HCFC-225cb) 1,1, 1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-1 Omee) Difluoromethane (HFC-32) Etbylfluoride (HFC-161) 1,1,1 ,3,3,3-hexafluoropropane (HFC-236fa) 1,1, 2, 2,3-pentafluoropropane (HFC

-245ca) 1,1 ,2,3,3-pentafluoropropane (RFC-245ea) 1,1,1,2,3-pentafluoropropane (HFC-245eb) 1,1,1 ,3,3-pentafluoropropane (HFC-245fa) 1,1, 1 ,2,3,3-hexafluoropropane (HFC-236ea) 1,1,1,3,3-pentafluorobutane (HFC-365mfc) Cblorofluoromethane (HCFC-31) 1 chloro-1-fluoroethane (HCFC-15la) 1 ,2-dichloro-1, 1 ,2-trifluoroethane (HCFC-123a) 1,1,1,2,2,3,3,4,4-nonfluoro-4-methoxy-butane**(C~ 0CH** **)** 2-(difluoromethoxymethyl)-1, 1,1,2,3,3 ,3-heptafluoropropane ((CF3)2CFCF20CH3) 1-ethoxy-1, 1 ,2,2,3,3,4,4,4-nonfluorobutane**(CJ'~~Hs)** 2-( ethoxyc:titluoromethyl)-1, 1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF20C2Hs) Methyl acetate and Perfluorocarbon Compounds in these categories: -Cyc lic Branched or Lme<>..r, Completely Fluorinated Alkanes --Cyc lic, branched, or linear, completely fluorinated ethers with no tm.saturations -Cyclic, Branched, or Linear, Completely Fluorinated Tertiary amines with no unsaturations -Sulfur containing Perfluorocarbons with noUnsaturations and with Sulfur Bonds only to Carbon and Fluorine 

### NONA TIAINMENT AREA An area within Colorado designated by the commission and approved by the U.S. EPA underthe Code ofFederal Regulations Title 40, section 81.306, in which ambient air concentrations ofany designated pollutant exceed the National Ambient Air Quality Standards for that pollutant. 

### OPACITY The degree to which an airpollutant obscures the view ofan observer, expressed in percentage ofobscuration or the degree (expressed 

### inpercent) to which transmittance of light is reduced by the air pollutant

Common Provisions Regulation Page 16



### COD E OF COLORADO REGULATIO NSc 2002 Weil Publishing f<?r the State of Colorado 

### 25 CR 9, 9-02 All Rights Reserved


### OVERLOT GRADING 

### Page 17

Earth moving used in land development prior to the construction ofstructures, utilities, streets, highways or other prepared surfaces. 

### OWNER OR OPERATOR Any person who owns, leases, operates, controls, or supervises a stationary source. 

### OZONE DEPLETING COMPOUND Any substance on the list

.ofClass I and Class

# nozone depleting compoWlds as defined by the Administrator of

### the U.S. EPA 

### in the Code ofFederal Regulations, Part 82 (2001) and 

### as referenced in section 602 ofthe Federal Clean 

### Air Act (1990). PARTICULATE 

### MATIER Any airborne finely divided solid or liquid material with 

### an aerodynamic diameter smaller than one hWldred micrometers. PARTICULATE 

### MATIER EMISSIONS 

### All finely divided solid or liquid material emissions, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method specified bythe U.S. 

### EPA. or

### by a test method specified in an approved StateImplementation Plan. PERSON Any individual, public orprivate corporation, partnership, association, :firm, trust estate, the state or any department, institution or agency thereof, any municipal corporation, county, city and coWtty, or other political subdivision ofthe state, or any other legal entity whatsoever that is recognized by law as the subject ofrights and duties. 

### PETROLEUM The crude oil removed from the earth and the oils derived from 

### tat sands, shale,

# and coal. 

### PETROLEUM DISTILLATE A volatile organic compound or a mixture including volatile organic compounds obtained from petroleum by a process of vaporization and condensation. 

### PETROLEUM REFINERY Any facility engaged inproducing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or otherproducts through distillation, cracking, orreforming of unfinished petroleum derivatives. Common Provisions Regulation Page 17



### CODE OF COLORADO REGULATIONS S CCR 1001-2

### Page 18



### Pll.OT PLANT A sma11-scale facility first used for experimental purposes to study the feasibility ofan operation prior to constructing a full-scaJe plant.

Particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers (l.tm) as measured by an U.S. EPA approved reference method. PM

### to EMISSIONS Finely divided solid or liquid material, with 

### an aerodynamic diameter less 

### than or equal to a nominal ten micrc··**ters** (J.Lm) emitted to the ambient 

### air as measured by applicable referenced methods, or u n equivalent or alternative method specified by the U.S. EPA, or by a test method specified 

### in an approved State Implementation 

### Plan. POTENTIAL TO EMIT The maximum capacity ofa stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material com busted, stored. orprocessed. shall be treated as part ofits design if the limitation or the effect it would have on emissions js state enforceable and federally enforceable. Secondary emissions do not count 

### in determining the potential to emit ofa stationary source. PROCESS UNIT A single process orpiece of process equipment PROCESS WEIGHT The total weight ofall materials introduced into a source operation, which source causes any discharge of

### air pollutants into the atmosphere

. Solid fuels introduced into any specific source will be considered as part of the process weight, but liquid and gaseous fuels and combustion air, including required excess air, will not. PROCESS WEJGHT RATE A rate established as follows:

a. For continuous source operations, the total process weight for the entire period ofcontinuous opera tion orfor a typical portion thereof, divided by the number ofhours ofsuch period; or

Common Provisions Regulation Page 18



### 5 

### CCR 1001-2 CODE 

### OF COLORADO REGULATIONS\ · 

### .. o 2002 Weil Publishing for the State ofColorado 

### 25 CR 9, 9-02 All Rights Reserved · b. For cyclical or batch unit operations or unit processes, the total process weight for 

### a period that covers a complete operation or 

### an integral number ofsuch cycles divided by the hours ofactual process operation; or c. For operations not specified above, the process weight that results in a 

### minimum value for allowable emissions.
PUBLIC ACCESS A site to which the general public has access beeause entry onto such site is allowed or not prevented by natural or man-made barriers. 

### A site 

### shall be deemed to not be accessible to the public ifentry onto the property: (a) is prevented by natural barriers (e.g., wide rivers, cliffs, vast roadless areas); or (b) has man-made barriers (e.g., fences, frequent patrolling, watch dogs); or (c) has other measures or combinations ofmeasures that effectively prevent entry onto the property by members ofthe general public. Posting of"no trespassing" sigps alone shall not be deemed 

### as preventing public access. Determination ofpublic accessibility shall be made on a site-by-site basis. REASONABLY AV AlLABLE CONTROL TECHNOLOGY 

### {RACD Technology that will achieve the maximum degree ofemission control that a particular source is capable of meeting and that is reasonably ava:ilable considering technological and economic feasibility. It may 

### require technology that 

### has been applied to similar, but not necessarily identicaJ, source ca tegories. It is not intended that extensive research and development be conducted before a given control technology can be applied to the source. This does not, however, preclude requiring a short

-term evaluation program to permit the application ofa given technology to a particular type ofsource. REASONABLE FUR TilERPROGRESS Annual incremental reductions 

### in emissions ofthe applicable airpollutant (including substantial reductions 

### in the early years following approval or promulgation ofplan provisions under the Federal Act, section**~** 10(a)(2)(1), and regular reductions thereafter ) that are sufficient inthejudgment ofthe conunission and the U.S

. BPA to provide for attainment ofthe applicable National Ambient 

### Air Quality Standards by the date required 

### in section 172(a) ofthe Federal Act. RECONSTRUCTION Will be presumed to have taken place where the fixed capital cost ofthe new components exceeds fifty percent ofthe fixed capital cost ofan entirely new stationary source. Any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions 

### in Regulation No. 6. In determining lo west achievable emission rate for a reconstructed stationary source, the provisions ofRegulation No. 6 shall be taken into account in assessing whether a new sourceperformance standard is applicable to such stationary source. Common Provisions Regulation Page 19 

### Page 19



### CODE OF COWRADO REGULATIONS 5 CCR 1001-2

### Page 20

REFERENCE TEST METHOD A method for the sampling and analysis of

### an airpollutant emission as designated by the 

### U.S. EPA in the most recent edition ofthe Code of Federal Regulations Title 

### 40, Part 60, Chapter 1, Appendix 

### A. and the Code ofFederal Regulations Title40, Parts 51, 52, 61, and 63, for specific source categories and published in the Federal Register or any alternate or equivalent method approved and/or specified by the commission or the division and approved by the 

### U.S. EPA. REFINERY PROCESS UNIT A segment ofthe petroleum refinery 

### inwhich a speei.fic processing operation is conducted 

### REFINERY PROCESS UNIT TIJRNAROUND Scheduled shutdown ofa refinery 

### process unit for the purpose of inspection or maintenance. REID VAPOR PRESSURE (RVP) The absolute vaporpressure ofvola tile crude oil and volatile non-viscous petroleum liquids except liquefied petroleum gases as detennined bythe appropriate American Society for Testing and Materials method

. RESIDENTIAL STRUCTURES All buildings or other structures used primarily as a place ofresidence, and including both single and multi-family residential dwellings. ROADWAYS Roads, other than haul roads, used for motorized vehicular traffic.

The net period oftime during which an emission sample is collected. Unless otherwise specified, a run maybe either intermittent or continuous. 

### SHUTDOWN The cessation ofoperation ofan air pollutant source for any purpose. SOLID WASTE Any waste classified as Type "zero" through Type "six" as specified by the Incinerator Inst i tute ofAmerica.
CommonProvisions Regulation Page20



### 5 

### CCR 1001-2 CODE OF COLORADO REGULATIONSc 2002 Wei! Publishing**f~r** the State of Colorado 

### 25 CR 9, 9-02 All Rights Reserved


### SOURCE DEFINITIONS: 

### AIR POLLUTION SOURCE Any source whatsoever at, 

### from, orby reason ofwhich there is emitted or discharged into the atmosphere any airpollutant. 

### INDIRECf SOURCE 

### Page 21

A facility, building, structure, or installation, or any combinatio n thereof, excluding dwellings, that 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

. nationaJ ambient air quality standards. 

### MOBILE SOURCE Motor vehicles and other so urces ofair pollution that emit pollutants while moving and that are capable ofmoving, and that commonly do not

### remain at one site {one ormore contiguous or adjacent properties owned or operated bythe same person or by persons under common-control). 

### STATIONARY SOURCE Any building, structu re, facility, equipment. orinstallation, or any combination 

### thereof belonging to the same industrial grouping, that emit ormay emit any air pollutant subject to regulation under the Federal Act that is located on one or more contiguous or adjacent properties and that is owned or operated by the same person or by persons 

### under common control. Those emissions resulting directly 

### from aninternal combustion engine for transportation purposes or 

### from a nonroad engine as defined in sectionI.B.40., ofthis regulation shall not be considered a stationary source. Buildings, structures, facilitjes, 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 

### inthe Standard Industrial Classification Manual, 1987,but not later amendment!!. See National Technical Information Service, Order No. PB 87-1 00012. The manual is available for examination at the office ofthe Director ofthe Air Pollution Control Division, Department ofPublic Health and Environment. 4300 Cherry Creek Drive South, Denver, Colorado, 80246-1530. STACK A flue, con duit, 

### or duct arranged to conduct 

### an air pollutant to the ambient 

### air. For the purposes ofstackheigh t requirements, flares will be excluded from the definition of stack.

Common Provisions Regulation Page 21



### CODE OF COWRADO 

### REGULATIONS 5 

### CCR 1001·2

### Page 22

STANDARD CONDITIONS A gas temperature of20 degrees Celsius or 

### 68 degrees Fahrenheit and a gas pressure of one atmosphere (760 torr). STANDARD OF PERFORMANCE A regulation that limits the 

### quantity, rate, or concentration ofemissions ofair pollutants on a continuous basis, including any requirements that limit the level ofopacity, prescribe equipment, set fuel specifications, orprescribe operation or maintenance procedures for a source to assure continuous emission reduction. STARTUP Any setting 

### in operation ofan airpollutant source for any purpose. STEEL PRODUCI10N CYCLE The operation ofabasic oxygen process furnace 

### required to produce each batch ofsteel and includes the following major functions: scrap charging, preheating (when used), hot metal charging, primary oxygen blowing, adwtional oxygen blowing (when used), and tapping. SUBMERGED FILL PIPE Any gasoline orpetroleum distillate tank fill pipe the discharge that is entirely submerged when the liquid level is si x inches above the bottom ofthe tank.. "Submerged fill pipe" when applied to a tank that is filled from the side is·defined as any fill

. pipe the discharge opening that is entirely submerged when the liquid level is eighteen inches above the bottom ofthe tank. ' TERMINALS A petroleum distillate storage and distribution facility that has an average daily throughput of more than 76,000 liters (20,000 gallons) that is loaded directly into transport vehicles. THERMAL DRYER A process in which the moisture content of a processed material is reduced by contact with a heated stream ofair or other gases that are exhausted to the ambient air. TOTAL SUSPENDED PARTICULATE (TSP) Particulate matter as measured by the method described 

### in the Code ofFederal Regulations, Title 40, Part 50, Appendix B (Hi-Volume Sampler).

Common Provisions Regulation Page22



### S CCR 1001-2 CODE OF COLORADO REGULATIONSo 2002 Weil Publishing for the State ofColorado 25 CR 

### 9, 9-02 All Rights Reserved


### TRANSFER AND LOADING SYSTEM Any equipment orprocesses used to transfer or load materials for storage or shipment. UNCLASSIFIED AREA An area within Colorado that cannot, on the basis ofavailable information, be classified as attairunent or nonattainment. 

### UPSET CONDITIONS An unpredictable failure ofair pollution control or process equipment which results in the violation ofemission control reguJations and which is not due to poor maintenance, improper or care less operations, or is otherwise preventable through exercise of reasonable care. VAPOR BALANCE SYSTEM The connecting together ofthe vapor spaces oftwo vessels such that when liquid is dispensed from the first vessel into the second vessel, the vapor in the second vessel is displaced by the incoming liquid and forced through the connection into tbe first vessel. This vapor then occupies the space in the first vessel tbat is vacated by the dispensed liquid. VAPOR 

### RECOVERY SYSTEM A vapor collection system capable ofcollecting substantially all the volatile vapors and gases discharged from the storage vessel and a vapor disposal system capable of processing suchvapors and gases so as to prevent any substantial emission to the ambient arr. VOLATILE ORGANIC COMPOUND <VOC) (see also Highly Volatile Organic Compound) Any compound ofcarbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides orcarbonates, and ammonium carbonate, that participates in atmospheric photochemical reactions, except those listed in the definition ofnegligibly reactive volatile organics compounds included in this regulation as having negligible pho tochemical reactivity. Volatile organic compounds maybe measured by a reference method, an equivalent method, an alternative method orbyprocedures specified under the Code ofFederal regulations Title 40, Part 60. Prior approval from the U.S. EPA is required in order to use an equivalent or alternative method. A reference method, an equivalent method or an alternative method, however, may also measure nonreactive organic compounds. In such cases, an owner or operator may exclude the compounds listed in the definition ofnet emission increase when detennining compliance with a standard if the amount ofsuch compound is accurately quantified and such exclusion is approved by the division

. As a preconclition to excluding such compounds as volatile Common Provisions Regulation Page23

### Page 23

CODE OF COLORADO REG UL ATIO NS 

### 5 CCR 1001-2

### Page 24
organic compounds, or at 

### any time thereafter, the division may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the division, the amount of**neglig~.bly** reactive compounds 

### in the source's emissions. WELFARE As used 

### in these regulations, effects on public welfare include, but are not limited to: effects on soils; water; crops ; vegetation; manmade materials; animals; wildlife; weather; visibility; climate; damage to and deterioration ofproperty; and hazards to transportation; as well as effects on economic values and on personal comfort and well being. WOOD RESIDUE Bark, sawdust, slabs, chips, shavings, mill trim, and other wood products derived from wood processing and forest management operations. 

### ll. GENERAL 

### ll.A. To Control Emissions Leaving Colorado When emissions generated from sources in Colorado cross the state boundary line, such emissions shall not cause the air quality standards ofthe receiving state to be exceeded, provided reciprocal action is taken bythe receiving state
. 

### ll.B. Emission Monitoring Requirements The division may require owners or operators ofstationary air pollution sources to install, maintain, and 

### use instrumentation to monitor and record emission data 

### as a basis for periodic reports to the division

. 

### ll.C

. Performance Testing 

### ll.C.l. The owner or operator of

### any airpollution source shall, upon request of the division, conduct performance test(s) and furnish the division a written report ofthe results of such test(s) in order to determine compliance with applicable emission control regulations

. 

### n.C.2. Perfonnance test(s) shall be conducted and the data reduced in accordance with the applicable reference test methods unless the division: 

### ll.C.2.a. Specifies 

### or approves, in specific cases, 

### the use ofa test method with minor changes 

### in methodology; ll.C.2.b. Approves**~e** use ofan equivalent method;

Common Provisions Regulation · Page 24



### 5 CCR 1001-2 

### CODE OF COLORADO REGULATIONSc 2002 Weil Publishing for the State of Colorado 

### 25 CR 9, 9...()2 All Rights Reserved U.C.2.c. Approves the use ofan alternative method. theT esults of which the division has determined to be adequate for indicating where a specific source is 

### in compliance; or ll.C.2.d. Waives the requirement forperformance test(s) because the owner or operator of a source has demonstrated by other means to the division's satisfaction that the affected facility is in compliance with the standard. Nothing in this paragraph shall be construed to abrogate the commission or division's authority to require testing under the Colorado Revised Statutes, Title 

### 25, Article 7, and pursuant to regulations promulgated bythe commission. II.C.3

. Compliance test(s) shall be conducted tmder such conditions as the division shall specify to theplant operatorbased on representative performance ofthe affected

. facility. The owner or operator shall make available to the division such records as may be necessary to determine the conditions of the performance test(s)

. Operations during periods ofstartup, shutdown, and malfunction shall not constitute representative conditions of performance test(s) unless otherwise specified in the applicable standard

. D.C

.4

. The owner or operator ofan affected facility shall provide the division thirty days prior notice ofthe performance test to afford the division the opportunity to have an observer present. The division may waive the thirty-day notice requirement provided that arrangements satisfactory to the division are made fo: earlier testing. II.C.S. The owner oroperator ofan affected facility shall provide, or cause to beprovided, performance testing facilities as follows: U.C.S.a. Sampling 

### ports adequate for test methods applicable to such facility; U.C.S.b. Safe sampling platform(s); ll.C.S.c. Safe access to sampling platform(s); and U.C.S.d. Utilities for sampling and testing equipment. 

### Page 25

n.C.6. Eachperformance test shall consist ofat least three separate nms using the applicable test method. Each run shall be cond ucted for the time and under the conditions specified in the applicable standard. For the purpose ofdetermining compliance with an applicable standard, the arithmetic mean of results ofat least three1llllS shall apply

. In the event that a sample is accidentally lost or conditions occur 

### in which one ofthe runs must be discontinued because offorced shutdown, failure ofan irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner or operators control. compliance may, upon the division's approval. be determined using the arithmetic mean ofthe results of the two otherruns. ll.C.7. Nothing in this section shall abrogate the division's authority to conduct its own performance test(s) ifso warranted.
Common Prov:isions Regulation Page25



### CODE OF COWRADO REGULATIONS 5 CCR 1001-2

### Page 26

Ambient 

### Air Monitoring Requirements (Reserved)



### I I.F. Circumvention Clause A person shall not build, erect, install, oruse any article, machine, equipment, condition, or any eontrivance, the use ofw hich, without resulting in a reduction inthe total release ofairpollutants to the atmosphere, reduces or conceals 

### an emission thatwould otherwise constitute a violation ofthis regulation. No person shall circumvent this regulation by using more openings than is considered nonnal practice bythe industry or activity in question. II.G. Conflicts Nothing inthese regulations is intended topermit any practice that is a violation ofany statute, ordinance orregulation

. ll.H. Seve rabili ty Clause Ifany regulation, section, clause, phrase, or standard contained inthese regulations shall for any reason beheld to be inoperative, unconstitutional, void, or invalid, the validity of the remaining portions thereofshall not be affected thereby and the commission does hereby declare that it severally passed and adopted the provisions contained therein separately and apart from the otherprovisions thereof

. Compliance Certifications

When ance or non·compliance is demonstrated by a test or rovided by 1t or other applicable requirement. the owner or operator shall bepresum
Common Provisions Regulation Page26



### 5 CCRlOOl-2 CODE OF COLORADO REGULATIONSe 2002 Weil Publishing for the State of Colorado 

### 25 CR 9, 9-02 All Rights Reserved · compliance or non-compliance unless other relevant credible evidence overcomes that presumption. Affirmative Defense Provision for Excess Emissions During Startup and Shutdown

An affirmative defense is provided to owners and operators for civil penalty acti s for excess emissions during periods ofstartup and shutdown. To establish the ative

fense and to be relieved ofa civil penalty in any action to enforce 

### an appli ble

·rement, the owner or operator ofthe facility must meet the notificati requ ements of paragraph 2 in 

### a timely 

### manner and prove by 

### a prepond eviden that: llJ.l.a. ·ods ofexcess emissions that occurred during startu and shutdown were short infrequent and could not have been prevented ougb careful planning anddesi · ll.J.l.b. The excess · sions were not part ofa r ecurring design, operatio ll.J.l.c. lithe excess ernlssio control equipment), th the bypass was personal injury, or sever ll.J.l.d.
ll.J.l.e. All possible steps were taken ambient air quality;
TI.J.l.g. The owner or oper r's actions during the p · d ofexcess emissions were documented by E perly signed, contempord.Deo operating logs orother relevant evidence; and, TIJ.l.h. At all tim , the facility was operated in a manner cons· tent 

### with good practices for · · · · g emissions. This subparagraph h., is inten solely t o be a factor in det · · g whether 

### an affirmative defense is available 

### an owner or or, and shall not constitute an additional applicable 

### req · ement. IIJ.2

. Noti ation: The owner or opera tor 

### ofthe facility experiencing excess ·ssions dwing p and shutdown shall notify the division verbally as soon as possible, ut no later two (2) hours after the start ofthe next working day, and shall submit quarterly notification following the initial occurrence ofthe excess emissions. notification shall address the criteria set forth in paragraph 1 above.

Common Provisions Regulation Page 27 

### Page 27



### CODE OF COWRADO 

### REGULATIONS 5 CCR 1001-2

### Page 28

ll.J.3. The Affumative Defense Provision contained in this section shall not be available to claims for injunctive relief.



### llJ.5.



## m. IV. The Affirmative Defense Provision does not apply to State Implementation Plan provisions or other requirements that derive from new sourceperformance standard r national emissions standards for hazardous air pollutants, or any other federally enforceable performance standard or emission 

### limit with an averaging time gr enty-four hours. Io addition, an affinnative defense cannot be used by as· o 

### small group ofsources where 

### the excess emissions have the potential to exc dance of the ambient air quality standards or Prevention ofSignifi t Deten ration (PSD) increments. Affirmat i

### ~efense Determination: In 

### making any determinatio hether

# a source established affirmative defense, the division shall consider information 

### within the notification ·red in paragraph 2 ofthis section and any o er information the division deems n essary, which may include, but 

### is not · ted to, physical inspection ofthe facility and r ·ew ofdocumentation pertaining to e maintenance and operation of process and air pol tion control equipment. RESERVED RESERVED

Common Provisions Regulation Page 2&



### 5 CCR 1001-2 CODE OF COLORADO REGULATIONS