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i Repealed and readopted 12/14fi8, 2 CR 1.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 4/30/83, 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, ~993. 

'"This Title Page does DOl constitute an official pan of any regulation. Information comained on the tille page is provided by the Publisher from 

sources deemed reliable and is solely for informational and historical purposes. See cautionary ncxe inlntroduclory Mau:rials. How 10 Use the 

CCR. 

@ 2002 W eil Publishing for the State of Col acado. All Rights Reserved. (800) 877-WElL 
EDITOR'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 PROVISIONS.REGULATION 

Table of Contents 

I. DEFINITIONS, STATEMENT OF INTENT, AND GENERAL PROVISIONS 

APPLICABLE TO ALL EMISSION CONTROL REGULATIONS ADOPTED BY THE 

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 Reactive Volatile Organic Compounds ................... 58 

V.F. November 21, 1996 - Negligibly Reactive Volatile Organic Compounds ................... 60 

V.G. April19, 2001 -Any Credible Evidence 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 1001-2 
Colorado Air Quality Control Commission 

Action 

Added definitions and conflict 

of interest provision. 

Added abbreviations and 

definitions related to Reg. 3. 

Revised pubJic comment for 

small sources locating in 

nonattaimnent .areas. 

Added definitions for the PSD 

program regulations. 

Added definitions for 

Negligibly Reactive VOCs 

and net emission increase. 

Updates NRVOC list to be 

consistent with federal list. 

Added an Any Credible 

Evidence Rule and 

incorporates by reference the 

federal VOC definition. Also 

exempts methyl 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 Date 

December 14, 1978 

June 5, 1980 

May 13,1982 

March 10, 1983 

December 21, 1995 

November 21, 1996 

Apri119, 2001 

August 16,2001 

July 18, 2002 

Common Provisions Regulation ii 

5 CCR 1001-2 

Effective Date 

September 30, 2002 
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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 by the Air Quality Control Commission apply 

throughout Colorado unless otherwise stipulated. The Statement of Intent, 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 of materials 

incorporated by reference are available for public inspection during regular business 

hours at the Office of the Commission, located at 4300 Cherry Creek Drive South, 

Denver, Colorado 80246-1530, or may be examined at any state publications depository 

library. Parties wishing to inspect these materials should contact the Technical Secretary 

of the commission, located at the office of the commission. Materials incorporated by 

reference are those editions in existence as of the date this reguJation is promulgated or 

revised by the commission and references do not include later amendments to or editions 

of the 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 or repeal emission 

control regulations which require the use of effective practical air pollution 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 Pollution Prevention and Control Act: Colorado Revised Statutes section 

25-7-102 (Legislative Declaration) 

In order to foster the health, welfare, convenience, and comfort oftbe inhabitants of the 

state of Colorado and to facilitate the enjoyment and use of the scenic and natural 

resources of the state, it is declared to be the policy of this state to achieve the maximum 

practical degree of air 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 of the state where the air quality is better than the National 

Ambient Air Quality Standards. To that end, it is the purpose of this article to require the 

use of all available practical methods that are technologically feasible and economically 

reasonable so as to reduce, prevent, and control air po11ution throughout the state of 

Colorado; to require the development of an air quality control program in which the 

benefits of the air pollution control measures utilized bear a reasonable relationship to the 

Common Provisions Regulation Page 1 

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CODE OF COWRADO REGULATIONS 5 CCR 1001-2 
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economic, environmental, and energy impacts and other costs of such measures; and to 

maintain a cooperative program betWeen the state and local units of government. It is 

further declared that the prevention, abatement, and control of air pollution in each 

portion of the state are matters of statewide ooncem and are affected with a public 

interest and that the provisions of this article are enacted in the exercise of the police 

powers of this state for the purpose of protecting the health, peace, safety, and general 

welfare of the people of this state. 

The General Assembly further recognizes that a current and accurate inventory of actual 

emissions of air pollutants from all sources is essential for the proper identification and 

designation of attainment 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 of a 

federally approved clean air program. In order 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 of these regulations is to: 

I.D.l. Achieve and maintain levels of air 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 of Colorado; 

1.02. Require the use of all available practicable methods to reduce, prevent, and control air 

pollution for the protection of the health, safety, and general welfare of the people of the 

state of Colorado. In order to achieve air purity consistent with this intent, it may be 

necessary, ultimately to control air pollutant emissions to such a degree of opacity so 

that the emissions are no longer visible; 

I.D.3. Prevent significant degradation of Colorado's air resource; 

I.D.4. Prevent odors and other air pollution problems which. interfere with the comfortable 

enjoyment of life; and 

ID.S. Apply the major resources of the Co1orado air pollution control programs toward 

solving priority air pollution problems. 

I.E. Growth 

The commission recognizes that the growth in the amount and complexity of air pollution 

in Colorado is brought 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 
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The commission believes that the air pollution problem is likely to be aggravated and 

compounded by 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 pollution problem(s) in relation to 

the broader environmental degradation problem. It is the intent of the 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 such a manner as to prevent air 

pollution in Colorado. 

LF. Abbreviations 

Abbreviations used in the 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 of Colorado Regulations 

Cadmium sulfide 

cubic feet per minute 

Code ofFederal Regulations 

carbon monoxide 

carbon dioxide 

continuous 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 

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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 air pollutant(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 Visibility Protection 

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 (I 0-9 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 CODE OF COLORADO REGULATIONS 

I' 

I 

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I.G. 

NSR 

0 

~ 

Pa 

PM 

PM to 

ppb 

ppm 

PSD 

psi a 

psig 

PTE 

RACf 

o:R 

RFP 

sec 

SIP 

s~ 

so3 

SOx 

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 per billion 

parts per million 

Prevention of Significant Deterioration 

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 Particulates 

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. 

ABSOLtrrE VAPOR PRESSURE 

The pressure relative to an absolute vacuum that a confined vapor exerts at a given 

temperature when in equilibriwn with its solid or liquid state. 

Common Provisions Regulation PageS 

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CODE OF COLORADO REGULATIONS S CCR 1001-2 
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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 thereof that is 

emitted into or otherwise 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 of any air pollutant, to 

the extent the administrator of the 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 of one 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 of life or 

property or with the conduct of business. 

AIR POLLtmON CONTROL 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 of sampling and analysis for an air pollutant that is not a reference or 

equivalent method, but has been approved by the division. 

AMBIENT AIR 

That portion of the 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 or unclassifiable areas. 

ASPHALT CONCRETE PLANT 

Any facility used to manufacture asphalt concrete by heating and drying aggregate and 

mixing with asphalt compounds. 

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ASPHALT PAVING MATERIAL 

A petroleum based asphaltic compound used in the preparation of asphalt concrete for 

application to roads, highways, and streets. 

ATMOSPHERE 

The surrounding or outside air, i.e., external to buildings. Emissions of air 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 atmosphere. 

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.) 

CAP A CITY FACTOR 

The ratio of average load.to the capacity rating of the 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? 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-2 
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COAL PREPARATION PLANT 

AIJ.y facility (excluding underground mining operations) which prepares coal by one or 

more of the 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 of coal or to separate coal from refuse; the 

equipment used to convey coal or to 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 of coal 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, or produced 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 
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-

demonstrating c<;~mpliance with an applicable regulation on a continuous basis as defined 

by the regulation. 

CONTROL DEVlCE (STATIONARY) 

The air pollution 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 of exhaust gases within a duct or stack. 

.v 

A single twenty-four hm r · uum mt<lnlgllt".v ·-' • ght or other 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 Air Pollution Control Division of the Colorado Department of Public Health and 

Environment except where specifically designated as the Division of Administration of 

the Colorado Department ofPublic Health and Environment 

DUST HANDLING EQUIPMENT 

Any equipment used to transport, convey, or otherwise handle particulate matter that has 

been collected by an air pollution control device. 

Common Provisions Regulation Page9 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-2 
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EMERGENCY POWER GENERATOR 

A generator whose sole function is to provide back-up power when electric power is 

interrupted. Periodic testing of these 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 or release into the atmosphere (ambient air) of one or more air pollutants. 

EMISSION CONTROL REGULATION 

Any standard promulgated by regulation that is applicable to all air pollutant sources 

within a specified area and that prohibits or establishes permissible limits for specific 

types of emissions in such areas. Also any regulation that by its terms is applicable to a 

specined type of facility, process, or activity for the purpose of controlling the extent, 

degree, or nature of pollutants emitted from such type ·of facility, process, or activity, any 

regulation adopted for the purpose of minimizing or preventing the emission of any air 

pollutant in potentially 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 of pollution of 

ambient air. Emission control regulations pertaining to hazardous air pollutants shall be 

consistent with the emission standards promulgated under section 112 of the Federal Act 

or Colorado Revised Statutes section 25-7-109.3 of the Colorado Act in preventing or 

reducing emissions of hazardous air pollutants, and may include application of measures, 

processes, methods, systems, or techniques, includiitg, but not limited to, measures that: 

a Reduce the volume of, or eliminate emissions of, such po1iutants through 

process changes, substitution of materials. or other modifications; 

b. Enclose systems or processes to eliminate emissions; 

c. Collect, capture, or treat such pollutants when released from a process, 

stack, storage, or fugitive emissions point; 

d. Are design, equipment, or work practice standards (including requirements 

for operator training or certification); or 

e. A combination of a. through d., above. 

EMISSION STANDARD 

See Standard of Performance. 

Common Provisions Regulation Page 10 

5 CCR 1001-2 CODE OF COLORADO REGULATIONS 

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EMISSIONS UNIT 

Page 11 

Any part or activity of a stationary source that emits or has 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 of the term "unit" for purposes ofTitle IV (acid deposition control) 

of the federal act, or of the term nsource" for pwposes of the Air Pollutant Emission 

Notice requirements of Regulation No.3, Part A. section 11.B.3. 

ENFORCEABLE 

Means all requirements contained in any pennit issued in accordance with Regulation 

No. 3 and all regulatory 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 of sampling and analysis of an 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 of surface material, that may or may not be replaced, for the putpOse of 

constiUcting or installing a structure or piece of equipment 

EXCESS EMISSION 

Emissions of an air pollutant in excess of a performance standard promulgated by 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 program; and ( 4) any requirements in pennits for 

new or modified 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 

of federal requirements) not in the 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 or modified sources which are issued under regulations approved by the 

U.S. EPA, for the purpose of avoiding classification as a major source or major 

modification or of enabling a source to take advantage of the early reduction program 

under section 112 of the 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 of solid, liquid. or gaseous fuel derived from 

such materials. 

FOSSIL FUEL AND/OR WOOD RESIDUE FIRED STEAM GENERATING UNIT 

A furnace or boiler burning a fossil fuel and/or wood residue and producing steam by 

heat transfer. 

FOUNDRY 

A facility engaged in the melting or casting of metals or alloys. 

FUEL BURNING EQUIPMENT 

Any furnace, boiler, or other equipment 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 of a 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 of soil for the purpose of establishing grade and drainage. 

HAUL ROADS 

Roads that are used for commercial, industrial or governmental hauling of materials and 

which the general public does not have a right to use. 

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HAZARDOUS A1R POLLUfANT (HAP) 

An air pollutant that presents through inhalation or other routes of exposure, a threat of 

adverse human health effects (including, but not limited to, substances that are known to 

be, or may 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 

of the Federal Act, or section 25-7-109.3 of the state Act. 

IDGHL Y VOLATll.E ORGANIC COMPOUND 

A volatile organic compound or mixture of such compoWlds with a vapor pressure in 

excess of 570 torr (11 pounds per square inch absolute (psia)) at 20 degrees Celsius or 68 

degrees Fahrenheit. 

illGHTERRAIN 

Any area having an elevation of nine hundred feet or more above the base of the stack of 

the source. 

HOURLY PERIOD 

Any sixty minute period. 

HYDROCARBON (HC) 

An organic compound consisting only of carbon and hydrogen. 

INCINERATOR 

Any equipment, device, or contrivance used for the destruction of solids, liquids or 

gaseous wastes by burning. Excludes devices commonly called wigwam waste burners 

used exclusively to bum wood wastes and incinerating toilet waste. 

lNDIAN GOVERNING BODY 

The governing body of any tribe, band, or group of Indians subject to the jurisdiction of 

the United States and recognized by the United States as possessing power of selfgovernment. 

INDIAN RESERVATION 

Any federally recognized reservation established by Treaty, Agreement, Executive Order, 

or Act of Congress. 

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INTERMTITENT SOURCES 

Those stationary sources of air pollution that do not operate on a continuous basis for a 

period oftime sufficient to allow for opacity observations in accordance with U.S. EPA 

Method 9. 

ISOKINETIC SAMPLING 

Sampling in which the linear velocity ofthe gas entering the sampling nozzle is equal to 

that of the undisturbed gas stream at the sample point 

LEAD (PB) 

Elemental lead, lead 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, or treatment involving chemical, industrial, or manufacturing 

factors, such as heat treating furnaces, or fuel-burning devices that are a part of a 

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 of air pollutants, but not 

including fuel-burning equipment. 

MONITORING SYSTEM 

The complete set of equipment required under Regulation No.3 that is used to measure 

and record, if so 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). 

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MOTOR VEHICLE EXHAUST GAS ANALYZER 

Any instrument adopted by the commission that is used to measure the concentrations or 

mass of hydrocarbons, carbon monoxide, nitrogen oxides, oxygen and carbon dioxide in 

motor vehicle exhaust. 

NEGLIGIBLY REACTIVE VOLATILE ORGANIC COMPOUNDS (NRVOCs) 

The U.S. EPA definition of volatile 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 of the Colorado Air Quality Control Commission 

Regulations. Materials incorporated by reference are those in existence as of the 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 of the commission, located 

at the Office of the Commission. 

The list of Negligibly 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.fluoro 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-Trifluoroethane (HFC-143A) 

1,1-Difluoroethane (HFC-152A) 

Parachlorobenzotrifluoride (PCBTF) 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-2 
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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 

((CF 3)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 ((CF 3)2CFCF20C2Hs) 

Methyl acetate and Perfluorocarbon Compounds in these categories: 

-Cyclic Branched or Lme<>..r, Completely Fluorinated Alkanes 

--Cyclic, 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 no Unsaturations 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 

under the Code of Federal Regulations Title 40, section 81.306, in which ambient air 

concentrations of any designated pollutant exceed the National Ambient Air Quality 

Standards for that pollutant. 

OPACITY 

The degree to which an air pollutant obscures the view of an observer, expressed in 

percentage of obscuration or the degree (expressed in percent) to which transmittance of 

light is reduced by the air pollutant 

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OVERLOT GRADING 

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Earth moving used in land development prior to the construction of structures, 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.of Class I and Class n ozone depleting compoWlds as defined 

by the Administrator of the U.S. EPA in the Code of Federal Regulations, Part 82 (2001) 

and as referenced in section 602 of the 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 by the U.S. EPA. or by a test method specified in an 

approved State Implementation Plan. 

PERSON 

Any individual, public or private 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 of the state, or any other legal 

entity whatsoever that is recognized by law as the subject of rights 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 in producing gasoline, kerosene, distillate fuel oils, residual fuel 

oils, lubricants or other products through distillation, cracking, or reforming of unfinished 

petroleum derivatives. 

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Pll.OT PLANT 

A sma11-scale facility first used for experimental purposes to study the feasibility of an 

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 un 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 of a stationary source to emit a pollutant under its physical and 

operational design. Any physical or operational limitation on the capacity of the 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. or processed. shall be 

treated as part of its 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 of a stationary source. 

PROCESS UNIT 

A single process or piece of process equipment 

PROCESS WEIGHT 

The total weight of all 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 of continuous operation or for a typical portion thereof, divided by 

the number of hours of such period; or 

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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 

of such cycles divided by the hours of actual 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 if entry 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 of measures 

that effectively prevent entry onto the property by members of the general public. 

Posting of"no trespassing" sigps alone shall not be deemed as preventing public access. 

Determination of public accessibility shall be made on a site-by-site basis. 

REASONABLY AV AlLABLE CONTROL TECHNOLOGY {RACD 

Technology that will achieve the maximum degree of emission 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 categories. 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 of a given technology to a particular type of source. 

REASONABLE FUR TilER PROGRESS 

Annual incremental reductions in emissions of the applicable air pollutant (including 

substantial reductions in the early years following approval or promulgation of plan 

provisions under the Federal Act, section ~ 10(a)(2)(1), and regular reductions thereafter) 

that are sufficient in the judgment of the conunission and the U.S. BP A to provide for 

attainment of the 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 of the new components 

exceeds fifty percent of the fixed capital cost of an 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 lowest achievable emission rate for a 

reconstructed stationary source, the provisions of Regulation No. 6 shall be taken into 

account in assessing whether a new source performance standard is applicable to such 

stationary source. 

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CODE OF COWRADO REGULATIONS 5 CCR 1001-2 
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REFERENCE TEST METHOD 

A method for the sampling and analysis of an air pollutant emission as designated by the 

U.S. EPA in the most recent edition of the Code of Federal Regulations Title 40, Part 60, 

Chapter 1, Appendix A. and the Code ofFederal Regulations Title 40, 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 of the petroleum refinery in which a speei.fic processing operation is 

conducted 

REFINERY PROCESS UNIT TIJRNAROUND 

Scheduled shutdown of a refinery process unit for the purpose of inspection or 

maintenance. 

REID VAPOR PRESSURE (RVP) 

The absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum 

liquids except liquefied petroleum gases as detennined by the appropriate American 

Society for Testing and Materials method. 

RESIDENTIAL STRUCTURES 

All buildings or other structures used primarily as a place of residence, and including 

both single and multi-family residential dwellings. 

ROADWAYS 

Roads, other than haul roads, used for motorized vehicular traffic. 

The net period of time during which an emission sample is collected. Unless otherwise 

specified, a run may be either intermittent or continuous. 

SHUTDOWN 

The cessation of operation of an air pollutant source for any purpose. 

SOLID WASTE 

Any waste classified as Type "zero" through Type "six" as specified by the Incinerator 

Institute of America. 

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SOURCE DEFINITIONS: 

AIR POLLUTION SOURCE 

Any source whatsoever at, from, or by reason of which there is emitted or 

discharged into the atmosphere any air pollutant. 

INDIRECf SOURCE 

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A facility, building, structure, or installation, or any combination thereof, 

excluding dwellings, that can reasonably be expected to cause or induce 

substantial mobile source activity that results in emissions of air 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 sources of air pollution that emit pollutants while 

moving and that are capable of moving, and that commonly do not remain at one 

site {one or more contiguous or adjacent properties owned or operated by the 

same person or by persons under common-control). 

STATIONARY SOURCE 

Any building, structure, facility, equipment. or installation, or any combination 

thereof belonging to the same industrial grouping, that emit or may 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 an internal combustion engine for transportation purposes or from a nonroad 

engine as defined in section I.B.40., of this regulation shall not be considered a 

stationary source. Buildings, structures, facilitjes, equipment, and installations 

shall be considered to belong to the same industrial grouping if they belong to the 

same major groups; i.e., have the same two-digit codes, as described in the 

Standard Industrial Classification Manual, 1987, but not later amendment!!. See 

National Technical Information Service, Order No. PB 87-1 00012. The manual is 

available for examination at the office of the Director of the Air Pollution Control 

Division, Department of Public Health and Environment. 4300 Cherry Creek 

Drive South, Denver, Colorado, 80246-1530. 

STACK 

A flue, conduit, or duct arranged to conduct an air pollutant to the ambient air. For the 

purposes of stack height requirements, flares will be excluded from the definition of 

stack. 

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CODE OF COWRADO REGULATIONS 5 CCR 1001·2 
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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 of emissions of air pollutants 

on a continuous basis, including any requirements that limit the level of opacity, 

prescribe equipment, set fuel specifications, or prescribe operation or maintenance 

procedures for a source to assure continuous emission reduction. 

STARTUP 

Any setting in operation of an air pollutant source for any purpose. 

STEEL PRODUCI10N CYCLE 

The operation of a basic oxygen process furnace required to produce each batch of steel 

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 or petroleum distillate tank fill pipe the discharge that is entirely submerged 

when the liquid level is six inches above the bottom of the 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 of the 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 of air 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 of Federal 

Regulations, Title 40, Part 50, Appendix B (Hi-Volume Sampler). 

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TRANSFER AND LOADING SYSTEM 

Any equipment or processes used to transfer or load materials for storage or shipment. 

UNCLASSIFIED AREA 

An area within Colorado that cannot, on the basis of available information, be classified 

as attairunent or nonattainment. 

UPSET CONDITIONS 

An unpredictable failure of air pollution control or process equipment which results in the 

violation of emission control reguJations and which is not due to poor maintenance, 

improper or careless operations, or is otherwise preventable through exercise of 

reasonable care. 

VAPOR BALANCE SYSTEM 

The connecting together of the vapor spaces of two 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 of collecting substantially all the volatile vapors and 

gases discharged from the storage vessel and a vapor disposal system capable of 

processing such vapors 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 of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbides or carbonates, and ammonium carbonate, that participates in 

atmospheric photochemical reactions, except those listed in the definition of negligibly 

reactive volatile organics compounds included in this regulation as having negligible 

photochemical reactivity. Volatile organic compounds may be measured by a reference 

method, an equivalent method, an alternative method or by procedures 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 of net emission increase when detennining compliance with a 

standard if the amount of such compound is accurately quantified and such exclusion is 

approved by the division. As a preconclition to excluding such compounds as volatile 

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CODE OF COLORADO REGULATIONS 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 of property; 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 of the receiving state to be exceeded, 

provided reciprocal action is taken by the receiving state. 

ll.B. Emission Monitoring Requirements 

The division may require owners or operators of stationary 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 air pollution source shall, upon request of the division, 

conduct performance test(s) and furnish the division a written report of the 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 of a test method with minor 

changes in methodology; 

ll.C.2.b. Approves ~e use of an equivalent method; 

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U.C.2.c. Approves the use of an alternative method. the Tesults 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 for performance 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 by the commission. 

II.C.3. Compliance test(s) shall be conducted tmder such conditions as the division shall 

specify to the plant operator based on representative performance of the 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 of startup, 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 of an affected facility shall provide the division thirty days prior 

notice of the 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 or operator of an affected facility shall provide, or cause to be provided, 

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. Each performance test shall consist of at least three separate nms using the applicable 

test method. Each run shall be conducted for the time and under the conditions 

specified in the applicable standard. For the purpose of determining compliance with an 

applicable standard, the arithmetic mean of results of at least three1llllS shall apply. In 

the event that a sample is accidentally lost or conditions occur in which one of the runs 

must be discontinued because of forced shutdown, failure of an 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 of the results of the two other runs. 

ll.C.7. Nothing in this section shall abrogate the division's authority to conduct its own 

performance test(s) if so warranted. 

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Ambient Air Monitoring Requirements (Reserved) 

II.F. Circumvention Clause 

A person shall not build, erect, install, or use any article, machine, equipment, condition, 

or any eontrivance, the use of which, without resulting in a reduction in the total release 

of air pollutants to the atmosphere, reduces or conceals an emission that would otherwise 

constitute a violation of this regulation. No person shall circumvent this regulation by 

using more openings than is considered nonnal practice by the industry or activity in 

question. 

II.G. Conflicts 

Nothing in these regulations is intended to permit any practice that is a violation of any 

statute, ordinance or regulation. 

ll.H. Severability Clause 

If any regulation, section, clause, phrase, or standard contained in these regulations shall 

for any reason be held to be inoperative, unconstitutional, void, or invalid, the validity of 

the remaining portions thereof shall 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 other provisions 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 be presum 

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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 of startup and shutdown. To establish the ative 

fense and to be relieved of a civil penalty in any action to enforce an appli ble 

· rement, the owner or operator of the 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 of excess 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 of a recurring 

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 of excess emissions were 

documented by E perly signed, contempord.Deo operating logs or other 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 to 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 operator of the 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 of the next working day, and shall submit 

quarterly notification following the initial occurrence of the excess emissions. 

notification shall address the criteria set forth in paragraph 1 above. 

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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 source performance 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 of sources where the excess emissions have the potential to 

exc dance of the ambient air quality standards or Prevention ofSignifi t 

Deten ration (PSD) increments. 

Affirmati ~efense Determination: In making any determinatio hether a source 

established affirmative defense, the division shall consider information within the 

notification ·red in paragraph 2 of this section and any o er information the 

division deems n essary, which may include, but is not · ted to, physical inspection 

of the facility and r · ew of documentation 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