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PART D CONCERNING MAJOR STATIONARY SOURCE NEW SOURCE REVIEW AND 

PREVENTION OF SIGNIFICANT DETERIORATION 

I. Applicability 

l.A.2. Except as otherwise provided in Section XV. of this Part D, and consistent with the 

definition of major modification (Section 11.A.22. of this part), a project is a major 

modification for a regulated NSR pollutant if it causes two types of emissions 

increases - a significant emissions increase (as defined in Section 11.A.43. of this 

part), and a significant net emissions increase (as defined in Sections 11.A.26. and 

11.A.42. of this part). The project is not a major modification if it does not cause a 

significant emissions increase. If the project causes a significant emissions increase, 

then the project is a major modification only if it also results in a significant net 

emissions increase. 

l.A.3. The procedure for calculating (before beginning actual construction) whether a 

significant emissions increase (i.e., the first step of the process) will occur depends 

upon the type of emissions units being constructed or modified, according to Sec · ns 

1.8.1. through l.B.3. of this part. The procedure for calculating (before beginn · 

actual construction) whether a significant net emissions increase will occu t the 

·or stationary source (i.e., the second step of the process) is contai in the 

de 1 ·ion of Net Emissions Increase (Section 11.A.26. of this part). ardless of any 

such p onstruction projections, a major modification results if e project causes a 

significant issions increase and a significant net emission ncrease. 

1.8. Applicability Tests 

1.8.1. Actual-to-projected-actu pplicability test for ojects that only involve existing 

emissions units. 

1.8.2. test for projects that only involve con uction of a new emissions 

A significant issions increase of a regulated NSR pollutant is projected occur if the sum 

of the diffi nee between the potential to emit (as defined in Section l.B.35. o art A of this 

regula · n) from each new emissions unit following completion of the project and baseline 

ac I emissions (as defined in Section 11.A.4. of this part) of these units before the p ·eat 

qua ls or exceeds the significant amount for that pollutant (as defined in Section II.A. 42. 

this part). 

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1.8.3. Hybrid test for projects that involve multiple types of emissions units. 

A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum 

of the emissions increases for each emissions unit, using the methods specified in Sections 

J.B. 1. through l.B.3. of this part as applicable with respect to each type of emissions unit, 

quals or exceeds the significant amount for that pollutant (as defined in Section 11.A.42. 

t ·s part). · 

An owner or operator of a major stationary source who conducts the actual orojected-actual test for a project that requires a minor permit modificatio in 

cordance with Section X. of Part C, requires a significant permit mod· 1cation in 

ac rdance with Section l.A.3. of Part C, a modification as defined in ection l.B.26. 

of Pa A or that requires a minor source permit under Part B shall bmit a permit 

applica · n including: 

lculations and supporting documentation used determine baseline 

actu emissions of each emissions unit affected b the project; 

1.8.4.b. All ca/cu ions and supporting documentation sed to determine projected 

actual emis ·ans of each existing emissions nit affected by the project; 

1.8.4.c. A determinatio f that portion of each e sting unit's emissions following the 

project that the u · could have accom odated during the consecutive 

twenty-four month riod used to es blish the baseline actual emissions and 

that are unrelated to e project, in uding any increased utilization due to 

product demand growt , and, 

The information submitted i accordance w1 Section l.B.4.a. through l.B.4.d., 

above, shall be incorporat ti into an appendix the major stationary source's Title V 

Operating permit or as ermit note in the cons ction permit. 

The requirement th the owner or operator of a ma1 stationary source who 

9onducts the actu -to-projected-actual test for a proje that requires a minor permit 

modification su it information in accordance with Sect1 s l.B.4.a. through l.B.4.d., 

as set out in t s Subsection 1.8.4., shall not be federally e orceable and shall not be 

incorporate mto the state implementation plan. 

I. C. For any majors tionary source requesting, or operating under, a Plant- ·de Applicability 

II. 

II.A. 

Umitation (as efined in Section 11.A.32.) for a regulated NSR pollutant, the 

source shal amply with the requirements of Section XV. of this part. 

allowing definitions apply specifically to the provisions contained in this Part D. 

Actual Emissions 

The actual rate of emission of a regulated NSR pollutant from an emissions unit, 

determined as follows: 

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11.A.1 .a. Actual emissions as of a particular date shall equal the average rate, in tons 

per year, at which the unit actually emitted the pollutant during a two-year 

consecutive twenty-four month period that precedes the particular date and · 

representative of normal unit operation. A different period may be used if · 

more representative of normal unit operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, an 

types of materials processed, stored or combusted or actual emissio data 

during the selected time period; 

.A.1.b. The Division may presume that source-specific allowable emis 

unit are equivalent to the actual emissions of the unit only if tual emissions 

cannot be determined pursuant to Section 11.A.1 .a., above; 

11.A.1.c. or any emissions unit (other than an electric utili ste eneratin unit) 

t t has not begun normal operations on the particul date, actual emissions 

sh equal the potential to emit of the unit on that d e. 

11.A.1 .d. This d nition shall not apply for calculating wh her a significant emissions 

increase as occurred, or for establishing a P L under Section XV. of Part D 

of this reg tion. Instead, Sections 11.A.36. nd 11.A.4. of this part shall apply 

for these pu oses. 

11.A.2. Actuals PAL 

For a major stationary source means a PAL based on the aseline actual emissions (as 

defined in Section 11.A.4. o his part) of all emissions units s defined in the Common 

Provisions regulation) at e source that emit or have the pote tial to emit the PAL pollutant. 

Any value of an a a that may be affected by a change in air quality. 

fauna, soil, wat , visibility, cultural, and odor. 

The rat of emissions, in tons per year, of a regulated NSR pollutant, as de term · ed in 

nee with Sections 11.A.4.a. throughll.A.4.d. below. 

11.A.4.a. For any existing electric utility steam generating unit (as defined in S lion 

II.A. 14. of this part}, baseline actual emissions means the average rate, ·n 

tons per year, at which the unit actually emitted the pollutant during any 

consecutive twenty-four month period selected by the owner or operator 

within the five year period immediately preceding when the owner or opera to 

begins actual construction of the project. The Division shall allow the use of a 

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5 CCR 1001-5 

different time period upon a determination that it is more representative of 

normal source operation. 

fl.A.4.a.(i) The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, a 

malfunctions. 

11.A.4.a.(ii) The average rate shall be adjusted downward to exclude y noncompliant emissions that occurred while the source was op rating 

above any emission limitation that was legally enforceabl during the 

consecutive twenty-four month period. 

a.(iii) For a regulated NSR pollutant, when a project in olves multiple 

emissions units, only one consecutive twenty-four. onth period may 

used to determine the baseline actual emissi ns for the emissions 

u · s being changed. A different consecutive enty-four month 

pen can be used for each regulated NSR ollutant. 

11.A.4.a.(iv) The verage rate shall not be based n any consecutive twentyfour mont eriod for which there is in CJequate information for 

determinin nnual emissions, in to per year, and for adjusting this 

amount if req ·red by Section II.A. .a.(ii). 

11.A.4.b.(i) The aver. ge rate shall include fug 've emissions to the extent 

quantifia , and emissions associate ith startups, shutdowns, and 

ma/fun ons. 

11.A.4.b.(ii) L e average rate shall be adjusted down rd to exclude any none pliant emissions that occurred while the s rce was operating 

bove an emission limitation that was legally en rceable during the 

consecutive twenty-four month period . 

.4.b.(iii) The average rate shall be adjusted downward toe Jude any 

emissions that would have exceeded an emission limita · n with 

which the major stationary source must currently comply, d the 

major stationary source been required to comply with such · itations 

during the consecutive twenty-four month period. However, if 

emission limitation is part of a maximum achievable control 

technology standard contained in Part E of Regulation Number 8, 

baseline actual emissions need only be adjusted if the State has 

taken credit for such emissions reductions in an attainment 

demonstration or maintenance plan. 

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11.A.4.b.(iv) For a regulated NSR pollutant, when a project involves multiple 

emissions units, only one consecutive twenty-four month period must 

be used to determine the baseline actual emissions for the emissions 

units being changed. A different consecutive twenty-four month 

period can be used for each regulated NSR pollutant. 

11.A.4.b.(v) The average rate shall not be based on any consecutive tw. ntyfour month period for which there is inadequate information r 

determining annual emissions, in tons per year, and for ad' sting this 

amount if required under Sections 11.A.4.b.(ii) and 11.A.4 .. (iii) of this 

part. 

new emissions unit, the baseline actual emissions for; urposes of 

dete ining the emissions increase that will result from th initial construction 

and op ation of such unit shall equal zero; and therea r, for all other 

purpose , shall equal the unit's potential to emit (as d med in Section 1.8.35. 

of Part A o his regulation). 

11.A.4.d. For a PAL for major stationary source, the ba line actual emissions shall 

be calculated fo xisting electric utility steam nerating units in accordance 

with the procedufi contained in Section II. ., for other existing 

emissions units in a ordance with the pro edures contained in Section 

II.A. 4.b. , and for a ne emissions unit in ccordance with the procedures 

contained in Section II. 4.c. 

11.A.5. Baseline Area 

11.A.5.a. Any intrastate area (and every 

unclassifiable under Sections 0 d)(1 )(D) or (E) of the Federal Act in which 

the major source or major difica ·on establishing the minor source 

baseline date would canst ct or wo d have an air quality impact equal to or 

greater than one microg m/cubic met ((g/m3) (annual average) of the 

pollutant for which the inor source bas ine date is established. 

under Section 107(d)(1 D) or (E) of the Federal Act 

cannot intersect be smaller than the area o ·mpact of any major stationary 

source or majo modification that: 

11.A.5.b. 1) Is subject to this Part D, and would be const 

state as the state proposing the redesignation. 

baseline area established originally for the total suspen d particulate 

· crements shall remain in effect and shall apply for purposes determining 

the amount of available PM10 increments, except that such bas ·ne area 

shall not remain in effect if the permit authority rescinds the corres nding 

minor source baseline date in accordance with Section 11.A.25.c. 

aseline Concentration 

mbient concentration level that exists in the baseline area at the time of the applicable 

m· or source baseline date. A baseline concentration is determined for each pollutant for 

hich a minor source baseline date is established and shall include: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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11.A.7. 

11.A.6.a. The actual emissions representative of sources in existence on the 

applicable minor source baseline date, except as otherwise provided in this 

definition; and 

11.A.6.b. The allowable emissions from major stationary sources that commenced 

construction before the major source baseline date, but were not in oper 

by the applicable minor source baseline date . 

. c. The following will not be included in the baseline concentration and 

the applicable maximum allowable increase(s): 

.6.c.(i) Actual emissions from any major stationary sourc on which 

construction commenced after the major source b eline date; and 

11.A.6.c. 'i) Actual emission increases and decreases a 

o urring after the minor source baseline da 

Initiation of physical on-site const ction activities on an emis ons unit that are of a 

pennanent nature. Such activities i lude, but are not limit to, installation of building 

supports and foundations, laying of u erground pipe wo , and construction of permanent 

storage structures. With respect to a ch ge in the me od of operation, this tenn refers to 

those on-site activities other than prepara !Y activiti that mark the initiation of the change. 

An emission limitation (including a visible em· sio standard) based on the maximum 

degree of reduction of each regulated NSR ollutan at would be emitted from any 

proposed major stationary source or maj modificatio that the Division or Commission , on a 

case-by-case basis, taking into accoun energy, environ ental, and economic impacts and 

other costs, determines is achievabl o·r such source or m dification through application of 

production processes or available ethods, systems, and te niques, including fuel cleaning 

or treatment or innovative fuel co bustion techniques for cont I of such pollutant. In no 

event shall application of the b t available control technology r ult in emissions of any 

pollutant that would exceed issions allowed by the applicable s ndards in the Code of 

Federal Regulations, Title , Parts 60 and 61 (Regulation Number Part A, and Regulation 

Number 8, Part A) as in ect on the effective date of this clause, but t including later 

amendments, unless s h amendments are specifically incorporated by ference in 

accordance with the ovisions of Colorado Revised Statutes Section 24-4 03 (12.5). 

Information as to t availability of such standards may be obtained from the irector, Air 

Pollution Control ivision, Colorado Department of Public Health and Environ nt, 4300 

Cherry Creek 1ve South, Denver, Colorado 80246-1530. 

If the Divis' n or Commission determines that technological or economic limitations o the 

applicati of measurement methodology to a particular emissions unit would make th 

imposi · n of an emissions standard infeasible, it may instead prescribe designs, equipm t, 

ractices, operational standards or combination thereof, to satisfy the requirement for 

pplication of best available control technology. Such standard shall, to the degree 

ssible, set forth the emissions reduction achievable by implementation of such design, 

equipment, work practice or operation and shall provide for compliance by means that 

achieve equivalent results. 

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Clean Coal Technology 

ft. y technology, including technologies applied at the pre-combustion, combustion, or postco bustion stage, at a new or existing facility that will achieve significant reductions in air 

emis ions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in t e 

gener ion of electricity, or process steam which was not in widespread use as of Nove ber 

15, 199 

Coal Technology Demonstration Project 

nds appropriated under the heading "Department of Energy- ean Coal 

Technology," up a total amount of $2.5 billion for commercial demonstrati of clean coal 

technology, or simi r projects funded through appropriations for the U.S. A. The federal 

contribution for a qu 'tying project shall be at least twenty percent of the otal cost of the 

demonstration project. 

11.A.11 . Complete 

In reference to an application r a major NSR permit, an applic ion that contains all the 

information necessary for proce ing the application. Design mg an application complete 

for purposes of permit processing oes not preclude the Div· ion from requesting or 

accepting any additional informatio 

ursuant to this regulation and an analysis of 

with Section Vl.A.3. of this part; 

11 .A.11 .a.(ii) The impact analysis r uired b Section Vl.A.2. of this part, a written 

summary of the data in ts to the mo el, and a topographic presentation of 

the resultant concentr ions of each po utant modeled for each applicable 

ambient standard or revention of Signi ant Deterioration increment within 

the impact area of e source; 

11.A.11 .a.(iii) A report of he regulatory status of the mo el pursuant to Section 

Vlll.A.1. of P A; 

11.A.11.a.(iv) A de onstration that the proposed technologic system of continuous 

emissio reduction that is to be used will enable such ource to comply 

contin ously with the standards of performance that ar o apply to such 

sour e and that the emission inputs to the model for the i pact analysis are 

e 1valent to the emissions allowed by such standards of p rformance; 

.(v) A description of the devices or systems that will be installe to monitor 

the emissions of each pollutant that will be emitted in significant ounts, 

maintaining such devices or systems, and the schedule and forma for 

reporting the results of such emission monitoring to the Division; 

11.A.11 .a.(vi) The additional impact analysis required by Section Vl.A.6. of this p 

any demonstration of facts needed to establish a claim by the applicant to 

qualify for any exemption or exclusion under Section Vl.B. of this part; 

11.A.11 .a.(vii) A schedule of construction in accordance with Section 111.G.2. of Part B; 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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11.A.11 .a.(viii) An additional copy of the application for the federal land manager of 

each affected Class 1 area, for the U.S. EPA, for the county Commissioner, 

and for public notice (county clerk). Two additional copies shall be submitted 

for interested public groups. 

Construction 

Any ph 'cal change or change in the method of operation (including fabrication, ere tion, 

installatio demolition, or modification of an emissions unit) that would result in a 

actual emis · ns 

Any part of a statio ,Y source that emits or would have the potential to it any regulated 

NSR pollutant and inc des an electric steam-generating unit as define in Section II.A. 14. of 

this part. For purposes f this Part D, there are two types of emissio units described in 

Section II.A. 13.a. and II.A. 3.b., below. 

11.A.13.a. A new emis 'ons unit is any emissions unit th tis (or will be) newly 

constructed an that has existed for less tha two years from the date such 

emissions unit fir. operated. 

11.A.13.b. An existing emissio ions unit that does not meet the 

requirements in Sectio 11.A.13.a., a ve. A replacement unit (as defined in 

Section 11.A.39. of this pa 

Any steam electric generating unit that is c stru ed for the purpose of supplying more than 

one-third of its potential electrical output pacity a more than twenty-five megawatts 

electrical output to any utility power dist · ution syste for sale. Any steam supplied to a 

steam distribution system for the pur~ se of providing am to a steam-electric generator 

that would produce electrical energ or sale is also cons1 ered in determining the electrical 

energy output capacity of the affe ed facility. 

11.A.15. Federal Land Manag 

With respect to any lands 

over such lands. 

an elevation nine hundred feet or more above the base of th 

rocarbon combustion flare 

Either flare used to comply with an applicable new source performance standard or 

ma · um achievable control technology standard (including uses of flares during startup, 

sh tdown, or malfunction permitted under such standard), or a flare that serves to control 

issions of waste streams comprised predominately of hydrocarbons and containing no 

more than 230 mgldscm hydrogen sulfide. 

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11.A.18. Innovative Control Technology 

Page 123 

ny system of air pollution control that has not been adequately demonstrated in practice, but 

uld have a substantial likelihood of achieving greater continuous emissions reduction than 

an control system in current practice or of achieving at least comparable reductions at low r 

cost terms of energy, economics, or non-air quality environmental impacts. 

11.A.20. Lowest chievable Emissions Rate (LAER) 

For any source, the ore stringent rate of emissions based on the followi 

11.A.20.a. The st stringent emission limit contained in any s te implementation 

plan for s ch class or category of stationary source, nless the owner or 

operator o e proposed stationary source demo trates that such limits are 

not achievab ; or 

11.A.21. Major Emissions Unit 

the potential to emit one hundred tons 

an attainment area; or 

11.A.21.b. Any emissions uni that emits or has the otential to emit the PAL pollutant 

in an amount that · equal to or greater tha he major stationary source 

threshold (as d med in Section 11.A.24. of th1 art) for the PAL pollutant for 

nonattainmen areas. For example, in accordan e with the definition of a 

major statio ary source (as defined in Section II. 24.of this part), an 

emissions nit would be a major emissions unit for /a tile organic 

compou CJs if the emissions unit is located in an ozo nonattainment area 

and e its or has the potential to emit one hundred, or re tons of voe per 

Any physical ange in or change in the method of operation of, or addition to, a ajor 

stationary urce that would result in a significant net emissions increase of a regu ted NSR 

pollutant akin into account all emissions decreases and increases at the source th t would 

accom n the modification and a significant net emissions increase of that pollutant 

them ~or stationary source. 

11.A.22.a. Any significant emissions increase from any emissions units or net 

emissions increase at a major stationary source that is significant for volatile 

organic compounds or NOx shall be considered significant for ozone. 

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11.A.22.b. In the Denver Metropolitan PM10 nonattainment area, any net emission 

increase that is significant for sulfur dioxide or nitrogen oxides shall be 

considered significant for PM10 . 

. 22.c. A physical change or change in the method of operation shall not include 

routine maintenance, repair, and replacement. 

11.A.22 . . A physical change or change in the method of operation, unless previ 

ited by any enforceable or federally enforceable permit condition th was 

es blished after January 6, 1975 for sources in attainment or uncla ifiable 

are and after December 21, 1976 for sources in nonattainment eas, shall 

not in ude: · 

11.A.22.d. Use of an alternative fuel or raw material by reas of an order in 

eff t under Sections 2(a) and (b) of the Federal E ergy Supply and 

Envir nmental Coordination Act of 1974 (or any perseding 

legisla n), a prohibition under the Power Plan and Industrial Fuel 

Use Act 1978 (or any superseding legislati ) or by reason of a 

natural ga curtailment plan in effect pursu t to the Federal Power 

Act; 

11.A.22.d.(ii) Use of an a rnative fuel becaus of an order or rule under 

Section 125 of the ederal Act; 

11.A.22.d.(iv)( the stationary source in attainment or unclassifiable ea was capable of accommo ating prior to January 6, 

1 5 unless such change would be rohibited under a fedally enforceable permit condition, or 

.d.(iv)(C) the source is approved to use un 

sued under this Regulation Number 3 . 

. (v) An increase in the production rate, unless such cha e would be 

prohibited under a federally enforceable permit condition; 

.22.d.(vi) An increase in the hours of operation, unless such incre e 

would be prohibited under a federally enforceable permit condi · 

or 

11 .A.22.d.(vii) Any change in ownership of a stationary source. 

11.A.22.d.(viii) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, if the project 

complies with: 

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11.A.22.d.(viii)(A) The Colorado State Implementation Plan, and 

11.A.22.d.(viii)(B) Other requirements necessary to attain and mai 

tain the National Ambient Air Quality Standards during t e 

project and after it is terminated. 

11.A.22.d.(ix) For major stationary sources in attainment areas: 

11.A.22.d.(ix)(A) The installation or operation of a perm nent clean 

coal technology demonstration project that c nstitutes repowering, provided that the project does n result in an increase in the potential to emit of any reg ated pollutant 

emitted by the unit. The exemption sh apply on a pollutant-by-pollutant basis. 

A.22.d.(ix)(B) the reactivation of a very 

utility steam generating unit. 

11.A.22.d.(x) e reactivation of a very clean oal fired electric utility steam 

genera g unit. 

Emissions from on- ing construction re not considered to be temporary 

emissions, and ar included in determin g whether a major modification will 

occur. 

Fugitive emi ions from the listed sources in ection 11.A.24.a. and any other 

stationary urce category that, as of August 7, 980 was regulated under 

Sections 11 or 112 of the Federal Act (as adopt in Regulations Nos. 6, 

Part A,. nd 8, Parts A and E) shall, to the extent q ntifiable, be considered 

in cal lating the potential to emit of the modification. 

11.A.2 a. In the case of particulate matter and sulfur dioxide, Janua 

II. .23.b. In the case of nitrogen dioxide, February 8, 1988. 

ajor Stationary Source 

11.A.24.a. For the purpose of determining whether a source in an attainment or 

unclassifiable area is subject to the requirements of this Part D, major 

stationary source means: 

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11.A.24.a.(i) Any of the following stationary sources of air pollutants that emits, 

or has the potential to emit, one hundred tons per year or more of 

any regulated NSR pollutant: 

11.A.24.a.(i)(A) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input 

11.A.24.a.(i)(B) Coal cleaning plants (with thermal dryers) 

.24.a.(i)(C) Kraft pulp mills 

11.A.24.a.(i)(I) Munici I incinerators cap le of charging more than 

250 tons of re se per day 

11.A.24.a.(i)(L) Lime plants 

II. .24.a.(i)(T) Secondary metal production plants 

l.A.24.a.(i)(U) Chemical process plants 

11.A.24.a.(i)(V) Fossil fuel boilers (or combinations thereof) totaling 

more than 250 million British thermal units per hour heat input · 

11.A.24.a.(i)(W) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels 

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11.A.24.a.(i)(X) Taconite ore processing plants 

11.A.24.a.(i)(Y) Glass fiber processing plants 

11.A.24.a.(i)(Z) Charcoal production plants 

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11.A.24.a.(ii)°Notwithstanding the stationary source size specified in ection 

11.A.24.a.(i), any stationary source that emits, or has the tential to 

emit, two hundred and fifty tons per year or more of a regulated 

NSR pollutant. 

11.A.24.b.For the rpose of determining whether a source in a 

subject tot requirements of Section V. of this part, d whether a source in 

an attain men rea affecting a non attainment area · subject to the 

requirements o ection Vl.D. of this part, major ationary source means any 

stationary source air pollutants that emits, o as the potential to emit 100 

tons per year or mor of any regulated NSR ollutant for which the area is 

nonattainment. Additi ally, a source cau mg or contributing to a violation of 

a national ambient air qu ity standard f any pollutant regulated under 

Section 110 of the Federal ct shall considered a major stationary source 

when it has the potential toe ·ton hundred tons per year or more of that 

pollutant. The source will be co dered to cause or contribute to a violation 

where the source exceeds the 1g · 1cance levels in the table under Section 

Vl.D.2. of this Part D. Such urce 1 subject to the requirements of Section 

VI. of this Part D. 

11.A.24.c.Major stationary sou includes any phys1 I change that would occur at a 

stationary source n otherwise qualifying as major stationary source under 

Sections 11.A.24. and 11.A.24.b. of this part, if th change would constitute a 

major stationa source by itself. 

tionary source that is major for volatile org ic compounds or 

NOx sh be considered major for ozone, except that em sions of negligibly 

reacti volatile organic compounds, as defined in the Com on Provisions, 

not be included in the determination of major stationary urce status 

f ozone . 

. e.The fugitive emissions of a stationary source shall not be included i 

determining for any of the purposes of this section whether it is a major 

stationary source, unless the source belongs to one of the categories of 

stationary sources listed in Section 11.A.24.a.(i) or any other stationary sourc 

category which, as of August 7, 1980, is regulated under Section 111 or 112 

of the Federal Act. 

11.A.24.f.Emissions caused by indirect air pollution sources (as defined in Section 

1.8.24. of Part A of this regulation), emissions from internal combustion 

engines on any vehicle, and emissions resulting from temporary activities, 

such as construction or exploration, shall be excluded in determining whether 

a source is a major stationary source. Emissions from on going construction 

are not considered to be temporary emissions and are included in 

determining whether a major modification will occur. 

11.A.24.g. m ource in the Denver Metr 

attainmenUmaintenanc 

e considered major for PM10. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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11.A.25. Minor Source Baseline Date 

11.A.25.a.The earliest date after the trigger date that a major stationary source or a 

major modification subject to the requirements of Section VI. of this Part D 

submits a complete application under the relevant regulations. The trigger 

date is: 

11.A.25.a.(i) In the case of particulate matter and sutfur dioxide, A gust 7, 

1977;and 

In the case of nitrogen dioxide, February 8, 19 . 

The baseline date is established for each pollutant r which 

incre ents or other equivalent measures have been esta 1shed if: 

The area in which the proposed sour or modification would 

co truct is designated as attainment or un assifiable under 

Sect ns 107(d)(1 )(D) or (E) of the Feder Act for the pollutant on 

the da of its complete application und Section VI. of this part; and 

11.A.25.b.(ii) In e case of a major statio ary source the pollutant would 

be emitted i ignificant amounts, r, in the case of a major 

modification, t 

the pollutant. 

11.A.25.c. Any minor source baseline ate tablished originally for the Total 

Suspended Particulates incre ts shall remain in effect and shall apply for 

purposes of determining the a nt of available PM10 increments, except 

that the Division may rescin any ch minor source baseline date where it 

can be shown, to the satis ction of e Division, that the emissions increase 

from the major stationa source, or th net emissions increase from the 

major modification, res onsible for trigg ing that date did not result in a 

significant amount of M10 emissions. 

11.A.26. Net Emissions Increase 

5 CCR 1001-5 

11 .A.26.a. With respe to any regulated NSR pollutant em1 ed by a major stationary 

source, th mount by which the sum of the followin exceeds zero: 

11.A.26 . . (i) The increase in the actual emissions fro a particular 

physical change or change in the method of oper ·on at a stationary 

source calculated pursuant to Sections l.A.2. throu l.A.3., and J.B. 

of this Part D; and 

11.A.26.a.(ii) Any other increases and decreases in actual emi ions at 

the major stationary source that are contemporaneous with e 

particular change and are otherwise creditable. Baseline actu 

emissions for calculating increases and decreases under this 

paragraph shall be determined as provided in the definition of 

baseline actual emissions, except that paragraphs 11.A.4.a.(iii) and 

11.A.4.b.(iv) of this Part D shall not apply. 

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11.A.26.b. Contemporaneous - an increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if it 

occurs within five years prior to the date that the increase from the particular 

change occurs. 

26.c. An increase or decrease in actual emissions is creditable only if: 

11.A.26.c.(i) It occurs within five years before the date that the increa 

decrease occurs; 

6.c.(ii) The Division has not rel ied on it in issuing a permit r the source 

under Regulation Number 3, or the U.S. EPA has not elied on it in 

issuing a permit under Title I, Part C of the Federal ct, which permit 

1 in effect when the increase in actual emissions om the particular 

cti nge occurs; and 

e owner or operator provides credible demonstrable evidence 

'vision of what actual emissions w e before making the 

increase r decrease and what they wer after making the increase 

or decreas · and 

te, the owner or operator must 

e Division prior to the increase 

a missions of sulfur dioxide, particulate 

matter, or nitrogen oxides tha ccu before the applicable minor source 

baseline date is creditable o y if it is r uired to be considered in calculating 

the amount of maximum a wable incre es remaining available. With 

respect to particulate m er, only PM10 e issions can be used to evaluate 

the net emissions incr se for PM10. 

11.A.26.f. An increase in act I emissions is creditable o ly to the extent that the new 

level of actual e · sions exceeds the old level. 

11.A.26.g. A decrease · actual emissions is creditable only to 

11 .A.26.g.(i he Division has not relied on it in issuing a permit under th is 

art D, or has not relied on it in demonstrating att 

reasonable further progress: 

6.g.(ii) The old level of actual emissions or the old level of 

emissions, whichever is lower, exceeds the new level of 

emissions; 

11.A.26.g.(iii) It is federally enforceable as a practical matter at and afte 

time that actual construction on the particular change begins; a 

11.A.26.g.(iv) It has approximately the same qualitative significance for publi 

health and welfare as that attributed to the increase from the 

particular change; and 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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11.A.26.h. An increase that results from a physical change at a source occurs when 

the emissions unit on which construction occurred becomes operational and 

begins to emit a particular pollutant. Any replacement unit that requires 

shakedown becomes operational only after a reasonable shakedown period, 

not to exceed one hundred and eighty days. 

11.A.26.i. Section 11.A.1.a. of this part shall not apply for determining creditable 

increases and decreases after a change. 

6.j. The organic compounds referenced in the common provisions de 

negligibly reactive volatile organic compounds are neither count as 

eactive volatile organic compounds in determining significant zone 

i reases nor creditable against an increase in emissions of ny volatile 

or nic compound. 

11.A.26.k. Cred ble Decreases for Fuel Switching. 

Generally, r credit to be given for the emissions r duction in potential to 

emit or actu emissions resulting from a physic change or change in 

method of ope lion of a major stationary sour occurring on or after the 

effective date o is rule, an Air Pollutant E · sion Notice reporting such 

reduction must be led within one year aft the reduction occurs unless an 

extension is reques d by the source an pproved by the Division due to 

uncertainty as to the p rmanence of su reduction. At the time credit for 

any reduction is reques d, such red lion must be enforceable. Such 

reductions must be enforc able thr gh permit conditions or source specific 

state implementation plan r isio 

Administrator and incorporated into this 

program is a major NSR permit. 

11.A.28. PAL Effective Date 

Generally means the date of i uance of the PAL permit. Howe r, the PAL effective date for 

an increased PAL is the dat any emissions unit that is part of the 

becomes operational and egins to emit the PAL pollutant. 

The period beginn · g with the PAL effective date and ending ten years late . 

11.A.30. PAL 

Notwithsta ding Sections 11.A.22 and 11.A.26. of this Part D (the definitions for majo 

modifica on and net emissions increase), any physical change in or change in the m 

operaf n of the PAL source that causes it to emit the PAL pollutant at a level equal to 

grea r than the PAL. 

The Operating Permit issued in accordance with this Part D that establishes a PAL for a 

major stationary source. 

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33 CR 22 and 23, 11-10 Page 131 

is established at a major sta 10 

11.A.33. Plant-wide Applicability Limitation (PAL) 

An emission limitation expressed in tons per year, for a pollutant at a major stationary source 

that is enforceable as a practical matter and established source-wide in accordance with 

Section XV. of this Part D. 

11.A.34. Prevention of Significant Deterioration (PSD) Permit 

y permit that is issued in accordance with Section VI. of this Part D. 

source. 

hange in, or change in the method of operation of, an existing maj stationary 

aximum annual rate, in tons per year, at w ch an existing emissions 

ajor stationary source is projected to it a regulated NSR 

pollutant 1 any one of the five years (twelve- nth period) following the date 

the unit res es regular operation after the roject, or in any one of the ten 

years fottowin hat date, if the project iniv, Ives increasing the emissions 

unit's design cap ity or its potential to mil of that regulated NSR pollutant 

and full utilization o he unit would fi ult in a significant emissions increase 

or a significant net e · sions inc se at the major stationary source. 

11.A.36.b.(i) Shall co ider all relev t information, including but not limited to, 

historical erational data, th company's own representations, the 

compa 's expected business a ivity and the company's highest 

proje ions of business activity, th company's filings with the State 

or deral regulatory authorities, an ompliance plans; and 

.(ii) Shall include fugitive emissions to th xtent quantifiable, and 

emissions associated with startups, shutdo 

and 

11.A.36.b.(iii) Shall exclude, in calculating any incroase in e issions that 

results from the particular project, that portion of the it's emissions 

following the project that an existing unit could have ac mmodated 

during the consecutive twenty-four month period used to tablish 

the baseline actual emissions under Section 11.A.4. of this p D and 

that are also unrelated to the particular project, including any 

increased utilization due to product demand growth; or, 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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11.A.36.b.(iv) In lieu of using the method set out in Sections 11.A.36.b.(i) 

through 11.A.36.b.(iii), may elect to use the emissions unit's potential 

to emit, in tons per year, as defined in Section l.B.37. of Part A of this 

regulation. 

11.A.37. Reactivation of Very Clean Coal-fired Electric Utility Steam Generating Unit 

ny physical change or change in the method of operation associated with the 

co mencement of commercial operations by a coal-fired utility unit after a period of 

disc tinued operation where the unit: 

.37.a. Has not been in operation for the two year period prior to the ena ment of 

the Clean Air Act Amendments of 1990, and the emissions from ch unit 

continue to be carried in the permitting authority's emissions in ntory at the 

time of the enactment; 

s equipped prior to shut-down with a continuous sy m of emissions 

contr that achieves a removal efficiency for sulfur dio de of no less than 

eighty- e percent and a removal efficiency for parti lates of no less than 

ninety-ei t percent; 

11.A.37.c. Is equipped ith low-nitrogen oxide burners ior to the time of 

commencemen f operations following rea vation; and 

lt.A.37.d. Is otherwise in co 

11.A.38. Regulated NSR Pollutant 

5 CCR 1001-5 

11.A.38.b. Any pollutant for which a 

promulgated ; 

11.A.38.c. Any pollutant that i a constituent or p cursor of a general pollutant listed 

under Sections II. . 8.a. or 11.A.38.b., ab e,(e.g. volatile organic 

compounds and xides of nitrogen are prec rsors for ozone) provided that a 

constituent or recursor pollutant may only be egulated under NSR as part 

of regulatio f the general pollutant; 

11.A.38.d. Any p utant that is subject to any standard prom 

111 o he Federal Act; 

11.A.38.e. ny pollutant that otherwise is subject to regulation unde 

s defined in Section 1.8.44. or Part A; 

Notwithstanding Sections 11.A.38.a. through e. of this Pa D, the term 

regulated NSR pollutant shall not include any or all hazardous air p lutants 

either listed in Section 112 of the Federal Act (that have not been de ted 

pursuant to Section 112(b )(3) of the Federal Act) or Appendix B of this 

regulation, unless the listed hazardous air pollutant is also regulated as a 

constituent or precursor of a general pollutant listed under Section 108 of tti 

Federal Act. 

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11.A.39. Replacement Unit 

An emissions unit for which all the criteria listed in Sections 11.A.39.a. through 11.A.39.d. are 

et. No creditable emission reductions shall be generated from shutting down the existing 

e issions unit that is replaced. 

11.A.39.a. The emissions unit is a reconstructed unit within the meaning of Cod of 

Federal Regulations Title 40, Section 60. 15(b)(1 }, or the emissions u it 

completely takes the place of an existing emissions unit . 

. b. The emissions unit is identical to or functionally equivalent to 

emissions unit. 

e replacement does not alter the basic design param 

unit. 

laced emissions unit is permanently remo d from the major 

stationa ource, otherwise permanently disable , or permanently barred 

from opera n by a permit that is enforceable a a practical matter. If the 

replaced emi ions unit is brought back into o eration, it shall constitute a 

it. 

11.A.40. Repowering 

11.A.40.b. Repowering s all also include any oil and/ gas-fired unit that have been 

awarded clea coal technology demonstration unding as of January 1, 1991, 

by the Dep ment of Energy. 

11.A.40.5(b) Exclude, in calculating any increase in emissions that results from the 

particular physical change or change in the method of operation at an electric 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 134 

utility steam generating unit, that portion of the unit's emissions following the 

change that could have been accommodated during the representative 

baseline period and is attributable to an increase in projected capacity 

utilization at the unit that is unrelated to the particular change, including any 

increased utilization due to the rate of electricity demand growth for the utili 

system as a whole. 

condary Emissions 

Emissions th t occur as a result of the construction or operation of a major station ry source 

or major modi ation, but do not come from the major stationary source or majo modification 

itself. For the p ose of this Part D, secondary emissions must be specific, II defined, 

quantifiable, and i act the same general area as the stationary source or odification that 

causes the seconda emissions. Secondary emissions include emissions om any offsite 

support facility that wo Id not otherwise be constructed or increase its e 1ssions except as a 

result of the constructio r operation of the major stationary source or ajor modification. 

Secondary emissions do t include any emissions that come directl from a mobile source, 

such as emissions from the ilpipe of a motor vehicle, from a train or from a vessel. 

11.A.42. Significant 

5 CCR 1001-5 

11 .A.42.a. Unless the contex otherwise requires, , significant rate of emissions in 

tons per year is defin as a value that uld equal or exceed any of the 

following: 

Carbon monoxide: 

iculate matter emissions or, 15 tons 

PM10 - Precursor in the Denver Metropolit PM10 nonattainment area: 40 

tons per year fo each individual precursor (nit gen oxides or sulfur oxides) 

Ozone: 

Hydrogen sulfide: 10 tons per year 

Total reduced sulfur (including hydrogen sulfide): 10 tons per year 

Reduced sulfur compounds (including hydrogen sulfide): 10 tons per yea 

Municipal Waste Combustor Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10-6 megagrams 

per year (3.5 x 10-6 tons per year) 

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Ill. 

11.A.43. 

Municipal Waste Combustor Metals (measured as particulate matter): 14 

megagrams per year (15 tons per year) 

Municipal Waste Combustor Acid Gases (measured as sulfur dioxide and 

hydrogen chloride): 36 megagrams per year (40 tons per year) 

Municipal Solid Waste Landfill Gases (measured as non-methane org 

compounds): 45 megagrams per year (50 tons per year) 

.A.42.b. Significant means, in reference to a net emissions increase or e potential 

of a source to emit a regulated NSR pollutant that this definitio does not list, 

any emissions rate, except that this definition shall not applY, o hazardous air 

pollutants listed in or pursuant to Section 112 of the Feder Act. 

11.A.42.c. otwithstanding the significant emission rates above ignificant means any 

em1 ions rate or any net emissions increase associ ed with a major 

statio ry source or major modification, that woul onstruct within ten 

ki1omet of a Class I area, and have an impac n such area equal to or 

greater th none microgram/cubic meter ((g/m ) (twenty-four hour average). 

For a regulated NSR pollutant, an · crease in emissio that is significant (as defined in 

Section 11.A.42. of this Part D) for th pollutant. 

11 .A.44 . Significant Emissions Unit 

An emissions unit that emits or has the pote ·a1 to emit a PAL pollutant in an amount that is 

equal to or greater than the significant lev (a efined in Section /l.A.42. of this Part D or in 

the Federal Act, whichever is lower) for at PAL ollutant, but less than the amount that 

would qualify the unit as a majoremis ons unit (a efined in Section 11.A.21. of this part). 

11 .A.45. Small Emissions Unit 

An emissions unit that emits o has the potential to emit th :AL pollutant in an amount less 

than the significant level for at PAL pollutant (as defined in ection 11.A.32 .. of this Part Dor 

in the Federal Act, whiche er is lower). 

11.A.46. Temporary Cl an Coal Technology Demonstration Project 

logy demonstration project that is operated for a pe · 

less, and that c plies with the state implementation plan and other req · ements necessary 

to attain and intain the National Ambient Air Quality Standards during th 

it is termina d. 

Ill.A. Maj stationary sources subject to the requirements of this Part D must apply for an btain 

a onstruction Permit in accordance with the procedures and requirements in Part B or n 

perating permit in accordance with the proced·ures and requirements in Part C. 

The Division shall complete the processing of applications (including any requested public 

hearing) for sources subject Section VI . of this Part D within twelve months of receipt of a 

complete application. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 136 

Public Comment Requirements 

When public comment is required, or when the Division determines that an application 

warrants public comment in accordance with Section 111.C.3. of Part B of this regulation, the 

Division shall, within fifteen calendar days after the preparation of the preliminary analysis, 

use public notice of the application to be published in a newspaper of general distribut' n in 

th area in which the proposed project or activity is or will be located, and by such oth 

mea as necessary to assure notice to the affected public, which may include posti 

such n tice on the publicly accessible portion of the Division's web site, and cause copy of 

the appll lion, the preliminary analysis and the draft permit to be filed with the unty clerk 

for each c nty in which the source is, or will be, located. The Division shall s d written or 

electronic no · e to persons requesting a notice of permit applications for th ype of source 

or geographic ea. 

IV.A.1 . For source subject to the provisions of Sections V. and 

IV.A.2. 

5 CCR 1001-5 

the materials e applicant submitted, and a copy or summ of other materials, if 

any, considere ·n making the preliminary analysis shall filed with the county clerk 

for each county i hich the source is or will be located In addition, for sources 

subject to the provi · ns of Sections V. and VI., a co of the written or electronic 

notice of public comm nt shall be sent to the applic nt, the U.S. EPA Administrator, 

and to officials and age ies having cognizance er the location where the 

proposed construction wo d occur, including a other state or local air pollution 

control agencies and any st e, Indian gover ng body or Federal Land Manager 

whose lands may be affected emission rom the source or modification. 

IV.A.2.d. T t any interested person may submit a written req st for a public 

mment hearing to be held pursuant to Section 1.7.0. o the Commission's 

procedural rules to receive comments regarding the foreg · g concerns, the 

sufficiency of the preliminary analysis, and whether the Divis n should 

approve or deny the permit application; and 

IV.A.2.e. The degree of increment consumption that is expected from the s 

modification. 

Within fifteen calendar days after the preparation of the preliminary analysis for th e 

applications subject to the requirements of this Part D, the Division shall forward to 

the applicant written notice of the applicant's right to a public comment hearing with 

respect to the application pursuant to Section 1.7.0. of the Commission's procedural 

rules. 

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IV.A.4. A hearing request pursuant to Section IV.A.2.a. of this Part D, regarding innovative 

control, must be transmitted by the Division to the Commission within twenty days 

after its receipt. 

A hearing request pursuant to Section IV.A.2.d. of this Part D must be transmitte 

the Division to the Commission, along with the complete permit application, the 

preliminary analysis: the draft permit, and any written comments received by e 

Division within five days after the end of the thirty-day comment period. At I ast thirty 

days prior to the date set for the public comment hearing, the notice of pu ic 

omment hearing, the preliminary analysis and the draft permit shall be osted on the 

ision's web site. No substantive revisions shall be made to the dr permit during 

the irty days prior to the public comment hearing. 

IV.A.6. The Co mission shall hold a public comment hearing within six days of its receipt 

of the req est for such hearing pursuant to Section IV.A.2. of is Part D (unless such 

greater tim is agreed to by the applicant and the Division), ut at least sixty days 

after receipt any Federal Land Manager of notice and t e permit application 

required pursu t to Section XIII.A. of this Part D. The 1vision shall appear at the 

public comment aring in order to present the permit pplication. At least thirty days 

prior to such hearin notice thereof shall be mailed y the Commission to the 

applicant, to any inte sted person who submitted request for a public hearing and 

to any Federal Land M ager given notice purs nt to Section XIII.A., printed in a 

newspaper of general dis ibution in the area the proposed source or modification, 

and submitted for public re · w with the cou clerk for each county in.which the 

source or modification is or be located Except as provided herein and in the 

notice, such hearings will be co ducted rsuant to the Act, the Procedural Rules of 

the Air Quality Control Commissi an the State Administrative Procedure Act, 

Colorado Revised Statutes, Sectio 4-4-101 et seq. 

IV.A.7. Within fifteen days after the Divi on m es a final decision on an application subject 

to the requirements of this Pa , the Di · ion shall make available for public 

inspection the decision and public com nts with the county clerk for each county 

where the pre-constructio nformation was de available. 

V. Requirements Applicable to onattainment Areas 

V.A. Maj'?r Stationary Sources. 

For any new major sta · nary source or major modification, the D1 "sion shall grant a permit if 

it determines that th ollowing conditions in Sections V.A.1 . throug 

in Section 111.D.1. Part B of this regulation, will be met: 

V.A.1 . The pr posed source will achieve the lowest achievable emission 

sour e category. 

V.A.2. e applicant has certified that all other existing major stationary sourc owned, 

operated , or controlled by the applicant (or any entity controlling, controlle by, or 

under the common control with the applicant) in Colorado are in complianc with the 

requirements of the State implementation plan and the federally approved sta 

implementation plan, or are subject to and in compliance with an enforceable 

compliance schedule, or a federally enforceable compliance schedule. 

Prior to the date of commencement of operations, emission reductions (offsets) 

greater than one for one must be obtained from existing sources within the 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 138 

nonattainment area for each pollutant, or its precursors, for which the area is 

nonattainment. 

ffsets must represent reasonable further progress towards attainment of the National 

A ient Air Quality Standards when considered in connection with other new and exist' g 

sour s of emissions. In addition, offsets for PM10 , sulfur oxides, and carbon mono ae 

musts ow, through atmospheric modeling , a positive net air quality benefit in the a a 

affected the emissions. Provided, however, that offsets meeting the requirem ts of this 

Section V. 3. may also be obtained from existing sources outside the nonattai ment area if 

the applican emonstrates: 

greater air quality benefit may thus be achieved, or su 1cient offsets are 

no vailable from sources within the nonattainment ar : and 

er area has an equal or higher nonattain 

ich the source is located; and 

V.A.3.c. Emissions fr such other area contribute a violation of the National 

Ambient Air Q lity Standard in the nonat mment area in which the source 

is located. 

V.A.5. Offsets for which emis · n reduction credit is take must be enforceable through 

pennit conditions or urce specific state implement ion plan revisions. 

V.A.6. The applicant wil emonstrate that emissions from the p posed source will not 

adversely imp t visibility in a Class I area. This demonst tion shall be reviewed by 

5 CCR 1001-5 

the Federal nd Manager and any determination made by t Federal Land 

Manager s all be considered in the Division's decision to gran e permit. If an 

adverse· pact, as described in Section XIV.E .. is predicted by t Division , the 

pennit pplication will be denied. Federal Land Manager involvem t shall follow the 

sam procedures as stated in Section XII.A. of this Part D. The dem stration will be 

pe ormed using either techniques described in the latest version of th .S. EPA 

cument entitled "Workbook for Estimating Visibility Impairment" or oth 

approved by the Division. 

Applicability of Certain Nonattainment Area Requirements 

V.A.7.a. Any major stationary source in a nonattainment area is subject to the 

requirements of Section V.A. of this Part D. 

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V.A.7.b. The requirements of Section V.A. shall apply at such time that any stationary 

source or modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any enforceable limitation that 

was established after August 7, 1980 on the capacity of the source or 

modification to otherwise emit a pollutant, such as a restriction on hours of 

operation . 

. The following provisions apply to projects at existing emissions units a a 

ajor stationary source (other than projects at a source with a PAL) i 

c · umstances where there is a project that is not a part of a major 

m ification and the owner or operator elects to use the method ecified in 

Sec · ns 11.A.36.b.(i) through 11.A.36.b.(iii) of this Part D for calc fating 

projec d actual emissions. 

efore beginning actual construction of the proj ct, the owner or 

tor shall document and maintain a record the following 

A) A description of the project; 

V.A. 7.c.(i)(B Identification of the emiss · ns unit(s) whose emissions 

of a fi ulated NSR pollutant uld be affected by the 

project; nd 

V.A. 7.c. (ii) If the emission unit is an exis · g electric utility steam generating 

unit, before begi ning actual const ction, the owner or operator 

shall provide a opy of the informatio set out in Section V.A. 7.c.(i) 

to the Divisio . Nothing in this Section .A. 7.c.(ii) shall be construed 

to require t e owner or operator of such unit to obtain any 

determin ion from the Division before be · ning actual construction. 

V.A. 7.c.(iii) Ti owner or operator shall monitor thee ·ssions of any 

reg ated NSR pollutant that could increase as result of the project 

a that is emitted by any emissions units identifi in Section 

.A. 7.c.(i)(B); and calculate and maintain a record the annual 

emissions, in tons per year on a calendar year basis, r a period of 

five years following rasumption of regular operations a r the 

change, or for a period of ten years following resumption f regular 

operations after the change if the project increases the de · n 

capacity or potential to emit of that regulated NSR pollutant such 

emissions unit. 

V.A. 7. c. (iv) If the unit is an existing electric utility steam generating unit, tfi 

owner or operator shall submit a report to the Division within sixty 

days after the end of each year during which records must be 

generated under Section V.A. 7.c.(iii) setting out the unit's annual 

· emissions during the calendar year that preceded submission of the 

report. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 140 

V.A.8. 

5 CCR 1001-5 

V.A. 7.c.(v) If the unit is an existing unit other than an electric utility steam 

generating unit, the owner or operator shall submit a report to the 

Division if the annual emissions, in tons per year, from the project 

identified in Section V.A. 7.c.(i), exceed the baseline actual emissio s 

(as documented and maintained pursuant to Section V.A. 7.c.(i)( ) 

by a significant amount (as defined in Section 11.A.42. of this pa ~for 

that regulated NSR pollutant, and if such emissions differ fro the 

preconstruction projection as documented and maintained rsuant 

to Section V.A. 7.c.(i)(C). Such report shall be submitted t the 

Division within sixty days after the end of such year. Th report shall 

contain the following: 

V.A.7.c.(v)(A) The name, address and telephone n 

operator of the major stationary source; 

.A. 7.c.(v)(B) The annual emissions as calc 

lion V.A. 7.c.(iii); and 

V.A. . . (v)(C) Any other information th the owner or operator wishs to include in the report (e. ., an explanation as to why the 

issions differ from the p construction projection). 

V.A.8.a. The following are exempt fro 

V.A.3. of this part. 

V.A.8.a.(i)(A) P able source that will relocate outside a nonattainment rea in less than ne year. 

V.A.8.a.(i) ) Each pilot plant that erates an aggregate of less than 

x months . 

. a.(i)(C) Construction phases of a w or modified building , facility, structure, or installation. Th e may, at the discretion 

. of the Division, exceed a period of o e year. 

V.A.8.a.(i)(D) Other temporary processes or act 

one year in duration. 

V.A.8.a.(i)(E) Sources undergoing fuel switches as re 

eral order if the Division determines that: 

V.A.8.a.i(E)(1) The applicant has used best efforts in seeki 

quired emission offsets but was unsuccessful; 

V.A.8.a.i(E)(2) All available emission offsets were obtained; and, 

V.A.8.a.i(E)(3) The applicant will continue to seek emission offsets 

as they become available. 

CODE OF COLORADO REGULATIONS 
C 20 l 0 State of Colorado 

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33 CR 22 and 23, 11-10 Page 141 

VI. Requirements applicable to attainment and unclassifiable areas and pollutants 

implemented under Section 110 of the Federal Act (Prevention of Significant 

Deterioration Program). 

VI.A. Major Stationary Sources and Major Modifications. 

The requirements of this Section VI. shall apply to any major stationary source and any major 

modification with respect to each pollutant regulated under the Act and the Federal Act that it 

would emit, except as this Regulation Number 3 would otherwise allow. 

For any new major stationary source or major modification proposing to construct in any area 

in Colorado designated under Section 107 (d) of the Federal Act as attainment or 

unclassifiable for any criteria pollutant as of the date of submittal of a complete application 

under this Regulation Number 3, or for pollutants implemented under Section 110 of the 

Federal Act, the Division shall grant a permit if it determines that the following requirements, 

in addition to those in Section 111.D.1. of Part B of this regulation, have been or will be met: 

Control Technology Review. 

Vl.A.1 .a. A new major stationary source shall apply Best Available Control 

Technology for each pollutant regulated under the Act or Federal Act th 

would have the potential to emit in significant amounts. 

A major modification shall apply best available control technol y for each 

p utant regulated under the Act or Federal Act for which th e would be a 

sign ant net emissions increase at the source. This re rement applies to 

each p osed emissions unit at which a net emission ncrease in the 

pollutant uld occur as a result of a physical chan or change in the 

method of op ation of the unit. 

ination of best available control 

Vl.A.2. Source Impact Anal is. The owner or operator of the pro sed source or 

modification shal emonstrate to the Division that allowable ission increases from 

the proposed urce or modification in conjunction with all other plicable emissions 

increases reductions (including secondary emissions) will not ca 

rations of air pollutants in the ambient air in violation of: 

.2.a. Any state or national ambient air quality standard in any baseline 

quality control region; or 

Vl.A.2.b. Any applicable maximum allowable increase over the baseline 

concentration in any area. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Vl.A.3. Pre-construction Monitoring and Analysis 

Vl.A.3.a. An analysis of ambient air quality in any area that would be affected by the 

proposed major stationary source or major modification shall be performe 

for each pollutant regulated under the Act or Federal Act that the source r 

modification would emit or have the potential to emit in a significant a unt, 

or for which there would be a significant net emissions increase . 

. b. With respect to any such regulated pollutant for which no natio 

air quality standard exists and for which there is an acceptable ethod for 

e monitoring of that pollutant, the analysis shall contain su air quality 

nitoring data as the Division determines are necessary assess ar:nbient 

air ality for that pollutant in any area that emissrons of at pollutant would 

affec . 

Vl.A.3.c. With res ect to any such pollutant for which a nati al ambient air quality 

standard d s exist, the analysis shall contain co inuous air quality 

monitoring d a gathered for purposes of dete ming whether emissions of 

that pollutant uld cause or contribute to a v: lation of the applicable 

standard or any aximum allowable increa . 

nitoring data that are required 

under Section Vl.A.3.c., or the pre-ap ication monitoring of air quality related 

values required by Secti Xlll.B. o his part, shall have been gathered over 

a period of one year and s II re~ sent the year preceding receipt of the 

application , except that, if th D" ision determines that a complete and 

adequate analysis can be ac plished with monitoring data gathered over 

a period shorter than one y r ( t not to be less than four months), the data 

that are required shall hav; been thered over at least that shorter period. 

Vl.A.3.e. The owner or operat of a proposed ajar stationary source or major 

modification of vola · e organic compoun who satisfies all conditions of the 

Code of Federal gulations Title 40, Part 1, Appendix S, Section IV. (but 

not including co itions resulting from amen ents after July 1, 1991 and 

not including ction IV. 8 . of Appendix S) ma provide post-approval 

monitoring ta for ozone in lieu of providing pre onstruction data as 

required u der Section Vl.A.3.a. (Information on o taining the Code of 

Federal egulations Title 40, Part 51, Appendix S, ction IV. is available 

from t Director, Air Pollution Control Division, 4300 erry Creek Drive 

Sou , Denver, Colorado, 80246-1530.) 

Vl.A.4. Post-Co truction Monitoring. At its discretion, the Division may req ire that the 

owner r operator of a major stationary source or major modification c duct postcons uction ambient monitoring for a period up to one year. The Divisio may also 

re ire additional monitoring beyond the one year period if such monitorin is 

cessary to determine the effect emissions from the stationary source or 

edification have, or may have, on air quality in any area. The monitoring of · 

quality related values or sensitive receptors required by Section Xlll.B. of this p 

shall be for such time as is necessary to determine the effect emissions from the 

source or modification will have on the air quality related values or sensitive 

receptors. 

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Post-construction monitoring requirements will be permit conditions. 

Vl.A.5. Operation of Monitoring Stations. The owner or operator of a major stationary sou re 

or major modification shall use the U.S. EPA accepted procedures for ambient 

monitoring as approved by the Division during the operation of monitoring statio 

purposes of satisfying the requirements of Sections Vl.A.3. and Vl.A.4., above 

Additional Impact Analysis. For each pollutant that is regulated under the ct or the 

Federal Act, and for which the souree or modification would emit in sign;~· ant 

. mounts (as defined in Section 11.A.42. of this part) or for which there uld be a 

s nificant net emissions increase, the owner or operator shall provid an analysis of 

the ·mpairment to visibility, water, soils, and vegetation that would cur as a result of 

the e issions of such pollutant from the source or modification a (j general 

comm cial, residential, industrial, and other growth associate ith the source or 

modifica · n. The analysis of impairment to water will not be sed in the 

determina n of best available control technology. The ow er or operator need not 

provide an a alysis of the impact on vegetation having n significant commercial or 

recreational v e. The additional impact analysis will i elude the effects on air 

quality related v ues as stated in Section Xlll.B. oft · part, if applicable. 

The owner or operator shall ovide an analysis of the air uality impact projected for the 

area as a result of general co trial and other growth associated 

with the source or modification. 

Vl.B. Applicability of Certain PSD Require 

Vl.B.1. ot apply to a major stationary source or major 

Vl.8 .1.a. The source or modifi ation is s bject to Part 3 of the Act and Section V. of 

this part, and the s rce or modifi tion would not impact any area 

designated as att nment or unclas · 1able for that pollutant; or 

cation would not be significant; or 

Vl.8.1.c. The sou e or modification is a portable st ·onary source that has 

previou y received a permit under requireme s equivalent to those 

conta· ed in Section VI.A. of this part if: 

.1.c.(i) The source proposes to relocate and e 

the new location would be temporary; 

Vl.B.1.c.(ii) The emissions from the source would not exc 

emissions; 

Vl.B.1.c.(iii) The emissions from the source would impact no Cl s I area and 

no area where an applicable increment is known to be vi 

Vl.B.1.c.(iv) Reasonable notice identifying the proposed new location nd the 

probable duration of operation at the new location and a revise Air 

Pollutant Emission Notice is given to the Division prior to the 

relocation. Such notice and revised Air Pollutant Emission Notice 

shall be given to the Division not less than ten days in advance of the 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 144 

proposed relocation unless a different time duration is previously 

approved by the Division. 

The requirements contained in Sections Vl.A.2. through Vl.A.4. of this part do not 

apply: 

1.8.2.a. To a proposed major stationary source or major modification with respe 

a particular pollutant, if the emissions would be from a temporary sourc , 

modification or activity, such as construction or exploration, and woul not 

have an impact on air quality in any Class I area or an area where 

pplicable increment is known to be violated; or 

Vl.8.2.b. A they relate to any maximum allowable increase for a Cla II area, to a 

modi tion of a major stationary source that was in existe e on March 1, 

1978, i he net increase in allowable emissions of each p utant subject to 

regulatio excluding GHG, under the Act from the modi cation after the 

application f best available control technology would e less than fifty tons 

per year. 

Vl.8.3. The Division may exemp a proposed major stationary s rce or major modification 

5 CCR 1001-5 

from the requirements of ctions Vl.A.3. through VI. . of this part, with respect to 

monitoring for a particular p utant if: 

Vl.B.3.a. The emissions of the p lutant from the ew stationary source or the net 

emissions increase of the ollutant fro the modification would cause air 

quality impacts, in any area, ess tha the following: 

Vl.B.3.a.(iv) Sulfur oxide - 13 μg/m3

, 24-hou 

Vl.B.3.a.(v) Lea - 0.1 μg/m3

, 3-month average; 

Vl.B.3.a.(vi) luorides - 0.25 μg/m3

, 24-hour average; 

Vl.B.3.a vii) Total reduced sulfur - 10 μg/m3

, I-hour avera 

Vl.B .a.(viii) Hydrogen sulfide - 0.2 μg/m3

, I-hour average; 

.B.3.a.(ix) Reduced sulfur compounds - 10 μg/m3

, I-hour averag 

.b. The existing concentrations of the pollutant in the area that the sou e or 

modification would affect are less than the concentrations listed in this 

section; or 

Vl.8.3.c. For ozone, the emissions increase or net emissions increase of volatile 

organic compounds from the source or modification would be less than 100 

tons per year; or 

Vl.B.3.d. The pollutant is not referred to in this section. 

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0 2010 State of Colorado . 

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The requirements of this Part D shall apply at such time that any stationary source or 

modification becomes a major stationary source or major modification solely by virtue 

of a relaxation in any enforceable limitation that was established after August 7, 

1980, on the capacity of the source or modification to otherwise emit a pollutant su 

as a restriction on hours of operation. 

he following provisions apply to projects at existing emissions units at a maj 

s tionary source (other than projects at a source with a PAL) in circumstan s 

wh there is a project that is not a part of a major modification and the o ner or 

oper, or elects to use the method specified in Sections 11.A.36.b.(i) thro h 

11.A.36. . (iii) of this Part D for calculating projected actual emissions. 

fore beginning actual construction of the project, the o ner or operator 

sha ocument and maintain a record of the following inti rmation: 

Vl.B.5.a.(ii) entification of the emissions unit(s) hose emissions of a 

regu ed NSR pollutant could be affec d by the project; and 

Vl.B.5.a.(iii) A de ription of the applicabili~ est used to determine that the 

project is n t a major modification or any regulated NSR pollutant, 

including the aseline actual e ' sions, the projected actual 

emissions, the mount of emi ions excluded under Section 

11.A.36.b.(iii) oft ·s part, and n explanation for why such amount 

was excluded, an any ne ng calculations, if applicable. 

such a unit to obtain an 

actual construction. 

Vl.B.5.c. The owner or op tor shall monitor the e issions of any regulated NSR 

pollutant that co d increase as a result of th roject and that is emitted by 

any emissions nit identified in Section Vl.B.5. (ii); and calculate and 

maintain a re ord of the annual emissions, in to per year on a calendar 

year basis, or a period of five years following res ption of regular 

operation after the change, or for a period of ten ye rs following resumption 

of regul r operations after the change if the project in eases the design 

capa · or potential to emit of that regulated NSR pollu nt at such 

emi sions.unit. 

Vl.B.5.d f the unit is an existing electric utility steam generating unit, e owner or 

operator shall submit a report to the Division within sixty days a er the end of 

each year during which records must be generated under Sectio Vl.B.5.c. 

setting out the unit's annual emissions during the calendar year th 

preceded submission of the report. 

Vl.B.5.e. If the unit is an existing unit other than an electric utility steam-generati 

unit, the owner or operator shall submit a report to the Division if the annu 

emissions, in tons per year, from the project identified in Section Vl.B.5.a. 

exceed the baseline actual emissions (as documented and maintained 

pursuant to Section Vl.B.5.a.(iii)) by a significant amount (as defined in 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 146 

Section 11.A.42. of this part) for that regulated NSR pollutant, and if such 

emissions differ from the preconstruction projection as documented and 

maintained pursuant to Section Vl.8.5.a.(iii). Such report shall be submitted 

to the Division within sixty days after the end of such year. The report shall 

contain the following: 

Vl.B.5.e.(i) The name, address and telephone number of the major stati nary 

source; 

Vl.B.5.e.(ii) The annual emissions as calculated pursuant to Secti n 

Vl.B.5.c.; and 

Vl.B.5.e.(iii) Any other infonnation that the owner or operat 

include in the report (e.g., an explanation as to w 

differ from the preconstruction projection). 

r or operator of the source shall make the · formation required to be 

docume d and maintained pursuant to Section l.B.5. available for review 

upon requ t for inspection by the Division or t general public. 

Vl.8.7. A stationary so ce or modification may app the applicable maximum 

allowable increas s for toial suspended R rticulate matter as in effect on the 

date of the permit plication, in meetin the requirements of Section Vl.A.2. 

of this part, if the folio ing requireme s are met: 

Vl.C. Notice to the U.S. EPA. 

The Division shall transmit to th Administrator of the U. S. A a copy of each permit 

application relating to a major tationary source or major modi ·cation subject to this 

regulation, and provide noti of every action related to the con · eration of such permit. 

Vl.D. Major Stationary Sourc in attainment areas affecting nonattainme areas. 

Vl.D.1. For any ne major stationary source or major modification that 1 proposed to be 

construct a in an area designated under Section 1 O?(d) of the Fe ral Act as 

5 CCR 1001-5 

attain nt or unclassifiable for a particular pollutant and the emissi s of such 

pollu nt from which would significantly affect ambient air quality in an rea 

de · nated as nonattainment for such pollutant, the Division shall grant permit if it 

d ermines that one or both of the following conditions, as well as those in ection 

l.D.1. of Part Band Section VI.A. of this Part D will be met: 

Vl.D.1.a. The proposed source or modification will meet the requirements of Se ons 

V.A.1 . and V.A.2. of this part, and obtain sufficient emission reductions of 

such pollutant in the nonattainment area to offset that portion of its emission 

of such pollutant that affect the nonattainment area. Offsets may be obtained 

from outside the nonattainment area as provided in Section V.A.3. of this 

part; or 

CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 147 

Vl.D.1.b. The proposed source or modification will achieve an emissions rate that will 

ensure that the emissions of such pollutant from the source or modification 

will not significantly affect ambient air quality in the nonattainment area. 

Vl.D.2. Ambient air quality will be deemed to be significantly affected if, but for any offset , 

the applicable significance level set forth in the following table would be exceed Cl in 

the nonattainment area. 

TABLE OF SIGNIFICANCE LEVELS 

Avera in Time 

24-Hour 8-Hour 1-Hour 

so 5 Im 

PM10 5 μglm 

VII. 

co 2000 Im 

Vl.D.3. tion subject to this section that will 

emit or cause a net e issions increase in vola · organic compounds or oxides of 

nitrogen shall demonst te to the satisfaction f the Division that its emissions will not 

affect any ozone nonatta1 ment area or sh obtain offsets as required in Section 

Vl.0.1., above. 

Vl.D.4. Emission offsets for PM10, sul di 1de, and carbon monoxide, must show, through 

air quality modeling , a positive ne 1r quality benefit in the portion of the 

nonattainment area affected by 1 ions from the proposed source or modification. 

VII.A. The negligibly reactive volatile o anic compounds r erenced in the Common Provisions 

definition of negligibly reactive olatile organic compo ds are considered to be of negligible 

photochemical reactivity an are neither counted as rea ·ve volatile organic compounds in 

determining volatile orga · compound emission contributi s to an increase in ozone nor 

used as volatile organic ompound emission offsets or other olatile organic compound 

emission trading cred ' against volatile organic compounds n listed in the common 

provisions negligibl reactive volatile organic compound definitio 

Vll.B. Negligibly reac · e volatile organic compounds may be substituted fo olatile organic 

compounds d the resulting decrease in volatile organic compound e ·ssions, if otherwise 

creditable, ay be used for offset, banking or other emission trading ere 

VIII. 

VIII.A. following areas in Colorado shall be Class I areas and may not be redesignat d: 

Vlll.A.1 .a. Rocky Mountain 

Vlll.A.1.b. Mesa Verde 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Vlll.A.2.National Wilderness Areas 

Vlll.A.2.a. Black Canyon of the Gunnison 

Vlll.A.2.b. Eagle's Nest 

Vlll.A.2.c. Flattops 

Vlll.A.2.d. Great Sand Dunes 

. Maroon Bells - Snowmass 

Vll l.A.2.j. West Elk 

Vlll.B. All other areas of Colorado, unless o erwise specified y Act of Congress or the Colorado 

legislature, or the Commission pursua to Section I . are designated Class II; provided, 

however that in the following areas as th existed n August 7, 1977 (maps available from 

the Division), the increase allowed in sulfur ioxi concentrations over the baseline 

concentration shall be the same as the inc re established by Section 163(b) of the Federal 

Act for Class I areas, except that such allow I increases may not be allowed if a Federal 

Land Manager should make an adverse i actd ermination under Section Xll l.C. with 

which the Division concurs and except t t such all able increases, may be exceeded by 

compliance with the provisions of Sec · ns Xlll.D., XI ., or Xlll.F.: 

VII l.B.1. National Monuments 

Vlll.B.1 . . Great Sand Dunes (those portions not included as Natio 

Areas in Section Vlll.A.2.) 

Vlll.B.2.a. Uncompahgre Mountain 

Vll l.B.2.b. Wilson Mountain 

Vlll.B.3.Lands administered by the Federal Bureau of Land Management in the Gunnison 

Gorge Recreation Area as of October 27, 1977. All areas designated Class 11 under 

th is section may be redesignated as provided in Section IX. of this part. 

5 CCR 1001-5 . CODE OF COLORADO REGUIATIONS 
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Vlll.B.4.National Parks 

33 CR 22 and 23, 11-10 Page 149 

Black Canyon of the Gunnison (those portions not included as National Wilderness Areas in 

Section Vlll.A.2.) 

The following areas may be redesignated only as Class I or II. 

.C.1. An area that exceeds ten thousand acres in size and is a national monu 

national primitive area, a national preserve, a national recreational area 

wild and scenic river, a national wildlife refuge, a national lakeshore; a a 

ational park or national wilderness area established after Aug 

ds ten thousand acres in size. 

Vlll.D. The Commissio recognizes out of state Class I areas that have bee listed in the Federal 

Register (44 Fed. eg . 69124). Emissions from sources in Colora shall not violate any 

standard in these a as. 

IX. Redesignation 

IX.A. Except as otherwise provid in this section or Section V . of this part, the Commission may 

redesignate any area in Colo do as Class I, Class II o Class Ill as herein provided. The 

Commission will provide notice the General Purpo Unit of local government in an area 

where the maximum allowable in ease is being a roached. 

IX.C. The Commission shall not set a hearing 

have been completed : 

IX.C.1. 

IX.C.2. A detailed statement oft circumstances at support the proposed redesignation; 

IX.C.3. A prediction of the co s and benefits for the a cted population from the proposed 

redesignation; 

IX.C.4. sis of expected impacts on ambient ir quality in adjacent or nearby 

areas; 

IX.C.5. Commen , or evidence of an opportunity for submission o mments, by all 

approp · te regional planning agencies and councils of gove ment organizations, 

affect a municipalities and other affected political subdivisions, nd 

IX.C.6. A analysis of the relationship of the proposed redesignation with plicable county 

r regional development plans, including but not limited to, compreh 

plans and 208 water quality plans. 

IX.D. Commission shall provide sixty day notice prior to a public hearing, including n tice to 

her states, Indian governing bodies and Federal Land Managers whose lands may e 

affected by a proposed redesignation, of any proposed redesignation, and conduct pu ·c 

hearings on such proposed redesignation in or near areas within Colorado that may be 

affected by such proposed redesignation, including at least one public hearing within or as 

near as is practicable to the area to be redesignated . At least thirty days prior to any such 

public hearings, the Commission shall make available for public inspection a discussion of 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 150 

the reasons for the proposed redesignation, including a satisfactory description and analysis 

of the health, environmental, economic, and societal and energy effects of the proposed 

redesignation . The notice announcing any public hearings shall contain appropriate 

notification of the availability of such discussion. 

IX.E. Pri to the issuance of notice respecting the proposed redesignation of an area t 

any f eral lands, the Commission shall provide written notice to the appropriat ederal 

Land M ager and afford adequate opportunity (not in excess of sixty days) t confer with the 

Commissi respecting the notice of proposed redesignation and to submi ritten comments 

and recomm dations with respect to such notice of proposed redesign on. In 

redesignating a area with respect to which any Federal Land Mana r had submitted 

written comments nd recommendations, the Commission shall pu sh a list of any 

inconsistency betwe such redesignation and such comments d recommendations and 

an explanation of such · consistency (together with the reaso for making such 

redesignation against the commendation of the Federal L d Manager). 

IX.F. tablished by an India overning body, shall be specifically 

IX.G. 

approved; (1) by the governor, a r consultation wit he appropriate committees of the 

legislature, if it is in session, or with e leadershi f the legislature, if it is not in session, and 

(2) by resolutions or ordinances enac by the eneral purpose units of local government 

representing a majority of the residents th area to be redesignated. 

IX.H. Lands within the exterior bou aries of reservations of derally recognized Indian tribes may 

ppropriate Indian governing ody. 

IX.I. Any redesignation sh constitute a revision to the Colorado S e Implementation Plan and 

shall be submitted f approval to the Administrator of the U.S. E 

IX.J. Any redesigna · n or denial of a proper request for redesignation mad ursuant to this 

Section IX. all be subject to judicial review in accord with Colorado Re · ed Statute Section 

25-7-120. 

IX.K. Any ea other than an area to which Sections VIII.A. or Vlll.C. refer to may be r esignated 

a lass Ill if any major stationary source or major modification could receive a per it only if 

e area in question were redesignated as Class Ill, and any material submitted as pa of 

that application were available, insofar as was practicable, for public inspection prior to 

public hearing on redesignation of any area as Class Ill. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 151 

X . Air Quality limitations 

. A. Ambient Air Increments 

X.A.1 . The maximum allowable increases over the baseline concentration for sulfur dioxi e, 

PM10, or nitrogen dioxide except as provided in Section Vlll.B. of this part, are: 

X.A.1.a. For any Class I area: 

' PM10 ua/mJ) / An~al arithmetic mean 4 / Twentv~our hour maximum 8 / 

' Sulfur dioxide (ua/m") / 

Annual a~etic mean / 

Twenty-four holXmaximum /5 

Three hour ma\i.mum / 25 

' Nitrogen dioxide (ug/m") / 

Annual arithmetic mean / 2.5 

X.A.1 .b. For any Cl~ area: / 

"-.PM10 'ua/m") / 

Annual arithmetic mean ' / 17 

Twenty-four hour maximum ' / 30 

Sulfur di'Mid.Y fug/m") 

Annual arithmetic mean \/ 20 

Twentv-four hour maximum / ' 91 

Three hour maximum / ' 512 

Nitrog4){1 dioxide 'fug/mJ) 

Annual arithmetic mean / ' 25 

X.A.1.c. For any Cla~area

/ PM10 

: 

ua/m") 

~ ' 

Annual arithmeti~an ~ 34 

Twenty-four ho&('maximum \o 

/ Sulfur dioxide (ua/m") '\ 

Annu~thmetic mean 40 ~ 

Tw~four hour maximum 182 ~ 

/Three hour maximum 700 "" / Nitrogen dioxide (ug/m") ' / Annual arithmetic mean 50 "" I/ X.A.2. The max;mum allowable lnc,eases ove' the baseline concentmtion fo' any othe' al~ pollutant shall be the same as those increases established pursuant to Section 

166(a) of the Federal Act. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 152 

For any period other than an annual period, the applicable maximum allowable 

increase may be exceeded during one such period per year at any one location. 

Periodic Review 

X.A.4.a. The Division shall, on a periodic basis, review the adequacy of this 

Regulation Number 3 for preventing significant deterioration of air qu y. 

Within thirty days after any information becomes available and ther s cause 

to believe that an applicable increment is being violated, the Divis· n shall 

resent the cause for such belief to the Commission. 

X.A.4.b. If e Commission concurs that there is cause to believe th an increment is 

bein violated, it shall hold a hearing to determine-whethe an increment 

violali exists. The hearing shall be held pursuant tot procedures of 

Colorad evised Statute Section 25-7-119. Notice ould be given by first 

class mail permitted sources that can be reason y identified as emitting 

the pollutant violation and affecting the area of olation . 

X.A.4.c. Should the Com ission determine that an in ement violation exists, the 

Division shall revie all sources affecting th area of increment violation and 

ensure that all such s urces comply with I applicable permit conditions, and 

state and local regulati s. Within thi aays after completing such a review, 

the Division shall recom nd revisio , if necessary, to the Commission to 

correct the violation. Upon ceipt recommended revisions from the 

Division, the Commission sh a oon as practicable act to revise this 

regulation as it deems necessa 

X.A.5. Increment Consumption Restriction 

5 CCR 1001-5 

an applicable increment. 

X.A.5.a.(i) Applicants ma request a hearing before th Commission to request a 

waiver of this r triction . The hearing shall be H ard in accordance with the 

provisions of olorado Revised Statute Sections -7-114 (4)(h), 25-7-119 

(Colorado 1r Pollution Prevention and Control Act), nd Colorado Revised 

Statute -4-105 (State Administrative Procedure Act . 

X.A.5.a.(i)(A) The Commission shall not set a hea · g date for a 

waiver request until submittal of comments, r evidence of 

an opportunity for submittal of comments by a appropriate 

regional planning agencies and councils of gave mentorganizations, affected municipalities and other affe ed political subdivisions has occurred. 

X.A.5.a.(i)(B) Ambient Air Limits. No concentrations of a polluta 

shall exceed a national ambient air quality standard or a 

state ambient air standard where no national ambient air 

quality standard has been established. 

CODE OF COLORADO REGULATIONS 
t:I 20 I 0 Stale of Colorado 

All Rights Reserved 

33 CR 22 and 23, 11-10 Page 153 

XII. 

Exclusions From Increment Consumption 

The following concentrations are excluded in determining compliance with a maximum 

allowable increase: 

Concentrations attributable to the increase in emissions from stationary sources t 

have converted from the use of petroleum products, natural gas, or both by an C1er 

in effect under Sections 2(a) and (b) of the federal "Energy Supply and 

Environmental Coordination Act of 1974" (or any superseding legislation) o r the 

emissions from such sources before the effective date of such an order, b t not more 

an five years after the effective date of such an order. 

Xl.A.2. Con ntrations attributable to the increase in emissions from sourc that have 

conve d from using natural gas by reason of a natural gas curt · ment plan in effect 

pursuan o the Federal "Power Act" over the emissions from s h sources before the 

effective d e of such plan, but not more than five years after e effective date of the 

plan. 

Xl.A.3. Concentrations o articulate matter attributable to an i rease in emissions from 

construction or oth temporary emission-related act' 1ties of new or modified 

Xl.A.4. 

sources. 

Xl.A.4.b. Such temporary in rease in emiss1 s shall not impact a Class I area or an 

area where an al'.! icable increment is nown to be violated or cause or 

contribute to th violation of a national a bient air quality standard; and 

Xl.A.4.c. Emission · itations shall be in effect at the nd of the time period specified 

in the pl revision that will ensure that the em sions levels from stationary 

source affected by the plan revision will not exc ed those levels occurring 

from uch sources before the plan revision was ap oved by the U.S. EPA. 

XII.A. An owner or perator of a proposed major stationary source or major modi ation otheiwise 

subject to e requirements of Section VI. of this Part D may request the Divis· n to grant a 

waiver fr the Best Available Control Technology requirements and to approv a system of 

innov ve control technology, in order to encourage the use of such technology. 

Xll.8. Division or the Commission may, with the consent of the governor(s) of other affe ed 

ates, grant a waiver from the Best Available Control Technology requirements of Sect1 

VI .A.1. of this part necessary for the employment of innovative control technology and 

determine that the source or modification may employ such system if: 

Xll.B.1. The proposed control system would not cause or contribute to an unreasonable risk 

to public health, welfare, or safety in its operation or function; 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Xll.B.2. The owner or operator agrees to achieve a level of continuous emissions reduction 

greater than or equivalent to that, which would have been required under Section 

Vl.A.1 . by a date specified by the Division. Such date shall not be later than four 

years from the time of startup or seven years from permit issuance; 

3. The source or modification would meet the requirements of Sections Vl.A.1 . 

Vl.A.2. based on the emissions rate that the stationary source employing t system 

innovative control technology would be required to meet on the dates citied by 

the ivision; 

Xll.B.4. The sou or modification would not, before the date specified b 

Section XI . .2., above; 

Xll.B.4.a. Cause r contribute to any violation of an appli le national ambient air 

quality sta ard; or 

Xll.8.4.a.(i) Impact any 

or 

crement is known to be violated ; 

Xll.B.5. All other applicable requirement hose for public participation have been 

met. 

Xll.C. The Division shall withdraw any a 

made under this section, if: 

em of innovative control technology 

Xll.C.1. The proposed sys m fails by the specified date to achi 

emissions redu on rate; or 

Xll.C.2. The propo d system fails before the specified date so as to co 

unreaso able risk to public health, welfare, or safety: or 

ivision decides at any time that the proposed system is unlikely to chieve the 

quired level of control or to protect the public health, welfare, or safety. 

Xll.D. ource or modification fails to meet the required level of continuous emissions redu on 

hin the specified time period, or if the approval is withdrawn in accordance with Section 

Xll.C., above, the Division may allow the source or modification up to an additional three 

years to meet the requirement for the application of best available control technology through 

use of a demonstrated system of control. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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Federal Class I Areas 

33 CR 22 and 23, 11 -10 Page 155 

Within twenty days of receipt of a permit application for a new major stationary source or 

major modification that may affect visibility or air quality related values in any Federal Cla 

area, the Division shall transmit a copy of the application to all affected Federal Land 

anagers and consult with them as to its completeness in its analysis and monitoring 

re uired) of air quality related values. If the Division receives advance notification o permit 

app ·cation of a source that may affect visibility or air quality related values, it will n tify all 

affect d Federal Land Managers within thirty days of such notification. The Divi · n will 

consid any analysis performed by a Federal Land Manager that indicates th e will be an 

adverse 1 pact on visibility or air quality related values if such analysis is re ived within 

thirty days er the Federal Land Manager receives a copy of the complet application. If the 

Division disa ees with the Federal Land Manager, any notices for publi omment or of a 

public hearing the application will explain the disagreement or state here the explanation 

can be obtained. 

Xlll.B. In addition to the gen ral impact analysis required by Section VI. .6. of this part, any source 

that will have or is likel to have an impact on any designated ss I area may be required to 

conduct monitoring to es blish the condition of and impact o air quality related values in 

such Class I area(s) both ·or to completing an application r a permit to construct and 

during the construction and eration of such source. 

Xlll.8.1. If monitoring is required, he source shall con ct a private monitoring program. 

However, if monitoring is ing conducted any other existing source or 

government agency, the ne source may nter into a joint monitoring program with 

that source or agency. All mo 'toring pr. grams must be approved in advance by the 

Division. 

Xlll.B.2.Pre-application monitoring may in e the monitoring of not more than three air 

quality related values or sensitiv rec tors of air quality related values specified by 

the Division after consultation ith the deral Land Manager. The air quality related 

values or sensitive receptor selected m st be important to the affected Class I 

area, and there must be c se to believe th t monitoring of the air quality related 

values or sensitive rece rs will provide a ba ·s for evaluating effects to the relevant 

air quality related valu . 

Xlll.B.3.Monitoring during nstruction and operation mayo ly be required for the sensitive 

receptors specifi for pre-application monitoring, un ss new information becomes 

available that monstrates a significant economic or t hnological advantage of 

1fferent sensitive receptor, and it is accepta le to the source owner or 

Xlll.B.4.Monitor." g of air quality related values or sensitive receptors o 

value may only be required if: 

.B.4.a. Monitoring methods are reasonably available and researc 

development of monitoring methods are unnecessary; 

Xlll.B.4.b. The major effect on the air quality related values or sensitive rec 

would reasonably be predicted to be a result of the applicant's indivi 

emissions or of the applicant's emissions in combination with any pers 

emissions with whom the applicant may be required to conduct joint 

monitoring; and 

Xlll.B.4.c. It is economically reasonable for the source to conduct such monitoring. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Sources Impacting Federal Class I Area - Additional Requirements. Federal Land Managers 

may present to the Division, after its preliminary analysis required under Section 111.B. of Part 

B of this regulation, a demonstration that the emissions from the proposed source or 

modification would have an adverse impact on the air quality related values (including 

visibility) of any federal mandatory Class I lands, notwithstanding that the change in air 

quality resulting from emissions from such source or modification would not cause or 

ontribute to concentrations that would exceed the maximum allowable increases for Class 

I ea. If the Division concurs with such demonstration, or in the event the Federal nd 

Ma ger fails to perform an adverse impact analysis and the Division determines at there is 

an ad rse impact on visibility, or the Division determines that a demonstration no adverse 

impact 1 in error, the Division shall not issue the permit. 

Xlll.D. Class I Vari ces. The owner or operator of a proposed major stationary urce or major 

Xlll.E. 

modification y demonstrate to the satisfaction of the Federal Land M ager that the 

emissions from uch source or modification would not have an advers impact on the air 

quality related va es (including visibility) of Class I lands under the deral Land Manager's 

jurisdiction, notwith anding that the change in air quality resulting om emissions from such 

source or modificatio would cause or contribute to concentratio s that would exceed the 

maximum allowable inc ases for a Class I area. If the Feder Land Manager concurs with 

such demonstration and certifies to the Division, the Divi · n or the Commission may, 

provided that applicable re irements are otherwise met, i ue the permit with such emission 

limitations as may be necess to assure that emission of sulfur dioxide, and PM10, and 

nitrogen oxides would not exce the following maxim allowable increases over the minor 

source baseline concentration for uch pollutants. 

PM10, Annual arithmetic mean 17 

PM10, Twen -four hour maximum 30 

20 μg/m 

Annual arithmetic mean 

91 μg/m 

325 μg/m 

Nitro en dioxide 

wner or operator of a proposed major stationary source or m 'or modification 

t t cannot be approved under Section Xlll.D., above, may demons te to the 

overnor that the source or modification cannot be constructed by rea n of any 

maximum allowable increase for sulfur dioxide for periods of twenty-four ours or 

less, applicable to any Class I area and, in the case of the federal mandat Class I 

areas, that a variance under this section would not have an adverse affect o the air 

quality related values of the area (including visibility). 

Xlll.E.2. The governor, after consideration of the Federal Land Manager's recommendation if 

any) and subject to his concurrence, may grant, after notice and an opportunity for a 

public hearing, a variance from such maximum allowable increase. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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Xlll.E.3. If such variance is granted, the Division may issue a permit to such source or 

modification in accordance with Section Xlll.G .. below, if the applicable requirements 

of Regulation Number 3 are otherwise met. 

Variance by the Governor with the President's Concurrence 

F .1. The recommendations of the governor and the Federal Land Manager shall be 

transferred to the president in any case where the governor recommends a v 

with which the Federal Land Manager does not concur. 

Xlll.F.2. If e president approves the variance, the Division may issue a permit · accordance 

witti ection Xlll.G., below, if the applicable requirements of Regulati Number 3 

are o erwise met. 

Xlll.G. Emission Limitatio s for Presidential and Gubernatorial Variance. In th case of a permit to 

be issued under Se ions Xlll.E. and Xlll.F .. the source or modificatio shall comply with 

emission limitations a may be necessary to assure that emissions sulfur dioxide from the 

source or modification uld not (during any day on that the othe ise applicable maximum 

allowable increases are e eeded) cause or contribute to cone trations that would exceed 

the following maximum allo ble increases over the baseline oncentration assure that such 

emissions would not cause o ontribute to concentrations t t exceed the otherwise 

applicable maximum allowable creases for periods of e osure of twenty-four hours or less 

for more than eighteen days, not cessarily consecutiv , during any annual period: 

Maximum Allowable Increase /m3 

Low Hi h 

XIV. Visibility 

XIV.A. Purpose 

XIV.B. 

XlV.C. 

This section assures asonable progress towards the national goal f preventing future, and 

remedying existing isibility impairment in Class I areas, where such 1 pairment results from 

man-made air po tion. 

This sec · n applies to all Class I areas and to sources in Colorado the emission from which 

may re sonably be anticipated to cause or contribute to any impairment of visibilit 

such rea (even ifthe area is in another state). 

For purposes of this Section XIV. 

XIV.C.1. Adverse impact on visibility means for the purpose of Section XIV.E. visibility 

impairment that interferes with the management, protection, preservation, or 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 158 

XIV.D. 

enjoyment of the visitor's visual experience of the Class I area. Any determination 

all be made on a case-by-case basis taking into account the geographic t, 

inten · duration, frequency and time of visibility impairments, and hese factors 

correlate w1 · es of visitor use of the Class I area, and the uency and timing of 

natural conditions educe visibility. 

XIV.C.3. Existing stationary facility means any of the stationary sources of air 

pollutants defined in Sections l.B.19., 1.8.24. through 1.8.27., 1.8.36., and 1.8.43. of 

Part A, Section l.A.1 .(c) of Part C, and Section 11.A.24. of Part D of this regulation, 

including any reconstructed source that was not in operation prior to August 7, 1962, 

and had commenced construction on or before August 7, 1977, and has the potential 

to emit two hundred and fifty tons per year or more of any air pollutant. In 

determining potential to emit, fugitive emissions, to the extent quantifiable shall be 

counted. s 

Long-term strategy means a ten to fifteen year plan for making reasonable 

progress toward the national goal specified in Section XIV.A. of this part. 

Natural conditions include naturally occurring phenomena that re 

'lity as measured in terms of visual range, contrast, or coloration. 

XIV.C.6. Re onably attributable means attributable by visua 

other techniqu e state deems appropriate. 

XIV.C.7. 

XIV.c .a: 

XIV.C.9. Class I ar means an area listed in Section 

that may be re signaled to Class I in the future. 

. The Federal Land Manager or the Division may, at any time, certify to the v1s1on 

director that visibility impairment exists in any Class I area. The Division may o 

certify that visibility impairment exists in any Class I area without the concurrence 

the Federal Land Manager. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 159 

XIV.D.2. Each existing stationary facility located in Colorado to which the cause of or 

contribution to visibility impairment in any Class I area is reasonably attributable, shall 

apply for and obtain from the Division a permit that requires the installation and 

operation of Best Available Retrofit Technology. The facility shall install and opera 

Best Available Retrofit Technology as expeditiously as practicable but in no case 

later than five years after permit issuance. 

. For fossil-fuel fired generating plants having a total generating c acity in 

excess of 750 megawatts, Best Available Retrofit Technology sha be 

determined pursuant to "Guidelines for Determining Best Availa e Retrofit 

Technology for Coal-fired Power Plants and Other Existing St 1onary 

cilities" (U.S. EPA Publication Number 450/3-80-009b, 19 0), and state of 

th art information available at the time of Best Available trofit Technology 

ana sis. Pursuant to Colorado Revised Statute Section 4-4-103 (12.5), the 

docu nt referenced in this section is available for pu 1c inspection during 

normal orking hours, or copies are available for co , from the technical 

secretary f the Commission, 4300 Cherry Creek 1ve South, Denver, 

Colorado 8 46-1530. This Regulation Number does not include later 

amendments or editions of the referenced d uments. 

XIV.D.2.b. Should tech no gical or economic limitaf ns make the application of Best 

Available Retrofit chnology as previous defined infeasible; the state may 

instead prescribe a sign, equipment, ark practice, or other operational 

standard, or combinati thereof, as r resenting Best Available Retrofit 

Technology. Where a fa ility is sub· ct to Section XIV.D.2.a., due to 

technological limitations, t facilit shall install and operate Best Available 

Retrofit Technology as prev1 usl defined when new technology for control of 

the pollutant becomes reason ly available provided: 1) the pollutant is 

emitted by the existing facilit , controls representing Best Available Retrofit 

Technology for the polluta have ot previously been required under this 

section; and 3) the impair ent of vi 'bility in any Class I area is reasonably 

attributable to the emis ens of that p lutant. 

XIV.0 .2.c. Any existing star nary facility require o install and operate Best 

Available Retrofit echnology under this se tion may apply to the Division 

and the U.S. EP Administrator for an exem ion. 

XIV.D.2.c.(i n application under this section m t include all available 

d umentation relevant to the impact of th source's emissions on 

sibility in any Class I area and a demonstr ion by the existing 

stationary facility that it does not or will not by self or in combination 

with other sources, emit any air pollutant that m be reasonably 

anticipated to cause or contribute to a significant 1 pairment of 

visibility in any Class I area. 

XIV.D.2.c.(ii) Any fossil fuel fired power plant with a total gener 'ng capacity 

of 750 megawatts or more may receive an exemption fro Best 

Available Retrofit Technology only if the owner or operator f such 

power plant demonstrates to the satisfaction of the Division t t such 

power plant is located at such a distance from all Class I areas hat 

such power plant does not or will not by itself or in combination 'th 

other sources emit any air pollutant that may reasonably be 

anticipated to cause or contribute to significant impairment of 

visibility in any such Class I area. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 160 

XIV.D.2.c.(iii) The existing stationary facility must give prior written notice to 

all affected Federal Land Managers of any application for exemption. 

XIV.D.2.c.(iv) The Federal Land Manager may provide an initial 

recommendation or comment on the disposition of such application. 

Such recommendation , where provided, must be part of the 

exemption application. This recommendation is not to be constr 

as the concurrence required under Section XIV.D.2.c.(iv). 

XIV.D.2.c.(v) After notice and opportunity for public hearing, befor 

Commission , the Division may grant or deny the exempti n. 

IV.D.2.c.(vi) An exemption granted by the Division under th ' section will be 

effective only upon concurrence by all affected Fe ral Land 

Managers. 

c.(vii) Any determination shall be made on a ase-by-case basis 

t ing into account the geographic extent, · tensity, duration, 

fre ency and time of the visibility impair ent, and how these factors 

corre te with time of visitor use of the ass I area, and the 

freque y and timing of natural condi ons that reduce visibility. 

XIV.D.2.d. The Division sh process any applica · n for a permit required by Section 

XIV.D.2. , above, or a application for emption under Section XIV.D.2.b., 

according to the time c nstraints stat in Part B, Section 111.B. of this 

regulation. AU applicatio for per · s or exemptions will be subject to public 

notice and public hearing r ~uire ents applicable to sources subject to the 

provisions of Section VI. oft ·s art. Processing fees will be charged to the 

applicant to recover actual co incurred by the Division as stated in Section 

VI. of Part A of this Regulati n mber 3. 

XIV.E. New Source Review 

Applicants for new major stationary urces and major m difications shall demonstrate that 

the proposed source will not have n adverse impact on vi · ility in a Class I area as required 

by Sections V.A.6., Vl.A.6., and II. of this part. 

XIV.F. Long-term Strategy 

5 CCR 1001-5 

shall review and revise, if appropriate, the ng-term strategy every 

three years. 

XIV.F.1 .a. uring the long-term strategy development and review ocess, the 

ommission shall consult with the Federal Land Managers . 

. 1.b. A public hearing shall be held upon request of any interested rson. The 

state shall provide written notification to each affected Federal Lan Manager 

and other affected states at least sixty days prior to holding any pub 

hearing. 

XIV.F.1 .c. The Division shall prepare a report for the Commission on any progress 

made toward the national visibility goal since the last long-term strategy 

revisions. The report will be made available on September 1, at least every 

third year following the submittal of the previous report. The report shall 

include an assessment of: 

CODE OF COLORADO REGULATIONS 
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33 CR 22 and 23, 11-10 Page 161 

XIV.F.1.c.(i) The progress achieved in remedying existing impairment of 

visibility in any Class I area; 

XIV.F.1.c.(ii) The ability of the long-term strategy to prevent future 

impairment of visibility in any Class I area; 

XIV.F.1 .c.(iii) Any change in visibility since the last such report, or in e case 

of the first report, since plan approval, including an asses ent of 

existing conditions; 

XIV.F.1.c.(iv) Additional measures, including the need for st e 

implementation plan revisions, that may be neces ry to assure 

reasonable progress toward the national visibili goal; 

.F.1.c.(v) The progress achieved in implementin est Available Retrofit 

Technology and meeting other schedules t forth in the long-term 

strategy; 

XIV.F.1.c. Yi) The impact of any exemption g nted under Section XIV.D.2.c.; 

XIV.F.1.c.(vii) e need for Best Availa e Retrofit Technology to remedy 

existing i airment in an int ral vista declared since plan approval. 

XIV.G. Public Land Emission Inventories 

XIV.G.1. Federal Public Lands 

XIV.G.1.a. For the purposes of th· S tion XIV.G., federal land management agency 

means a federal agenc that o sand manages at least 50,000 acres of 

federal land in Color o. 

nagement agenci 

ries by December 31 , 

thereafter. 

shall submit to the Commission 

01 and no less frequently than 

XIV.G.1.c. The in ntory shall include the sources lis d in Section XtV.G.3.b. of this 

regulati and emissions of criteria pollutants, 1 eluding surrogates or 

precu ors for such pollutants, from activities in lorado or other states that 

ffect any mandatory class I federal area in C orado by reducing 

ility in such area . 

. G.2.a. The Division shall submit to the Commission emission inv tories for all 

state land management agencies including the State Land Boa , the 

Department of Agriculture, and the Department of Natural Resou es by July 

1, 2002 and no less frequently than every five years thereafter. 

XIV.G.2.b. The inventory shall include the sources listed in Section XIV.G.3.b. 

regulation and emissions of criteria pollutants, including surrogates or 

precursors for such pollutants, from activities in Colorado that may affect a 

mandatory Class I federal area in Colorado by reducing visibility in such 

area. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 162 

XIV.G.3. Public Land Emission Inventory Requirements 

XIV.G.3.a. The inventory shall include both current emissions and projected future 

emissions, over at least a five-year period. 

XIV.G.3.b. The following sources on public lands shall be included in the invento 

XIV.G.3.b.(i) Stationary source emissions, based on existing air pollut' n 

emission notices filed with the Division; 

XIV.G.3.b.(ii) Mobile sources utilizing state lands, excluding sta 

highways; 

.G.3.b.(iii) Paved and unpaved roads; 

XIV.G. .b.(iv) Fires on public lands from all sources; 

) Biogenic sources, including emissi s from flora and fauna. 

XIV.G.4. Public Hearings 

Not later than December 31 , 2002, nd no less frequent! han every five years thereafter, a 

public hearing before the Commissio shall be conduct a to approve the public land emission 

inventories. 

xv. Actuals PALS 

XV .A Applicability. 

XV.A.1 . At the request of an owner or OP. rator, the ivision may approve the use of an 

actuals PAL in a Title V permit or any existin ajor stationary source that has 

operated for at least two ye if the PAL meets e requirements in Sections XV.A. 

through XV.L The term •p L • shall mean "actual ~L" throughout Section XV. of 

this part. 

XV.A.2. Any physical chang in or change in the method of ope tion of a major stationary 

source that maint ns its total source-wide emissions belo the PAL level, meets the 

requirements in ections XV.A. through XV.L, and complie ith the PAL permit: 

XV.A.2.a. Is ot a major modification for the PAL pollutant; 

XV.A.2 . . Is not subject to the major NSR review procedures in Sect 

VI. of this part; and 

.A.2.c. Is not subject to the provisions in Section V.A.5.b. of this part (re rictions 

on relaxing enforceable emission limitations that the major stationa 

used to avoid applicability of the major NSR program) . 

. A.3. Except as provided under Section XV.A.2.c. above, a major stationary source shal 

continue to comply with all applicable Federal or State requirements, emission 

limitations, and work practice requirements that were established prior to the effective 

date of the PAL. 

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Permit application requirements. 

As part of a permit application requesting a PAL, the owner or operator of a major stationa~ 

source shall submit the following information to the Division for approval (in addition to the 

· formation required by Part C of this Regulation): 

.1. A list of all emissions units at the source designated as small (as defined in ection 

11.A.45. of this part), significant (as defined in Section 11.A.44. of this part), nd major 

as defined in Section II.A. 21. of this part) based on their potential to em · , and 

i ntifying each as such. In addition, the owner or operator of the sou e shall 

ate which, if any, Federal or State applicable requirements, emi sion limitations 

practices apply to each unit. 

XV.B.2. Calculat1 s of the baseline actual emissions for each emissi s unit listed in Section 

XV.B.1 . ab e (with supporting documentation). Baseline ac al emissions are to 

include emis 'ons associated not only with operation of th unit, but also emissions 

associated wit tartup, shutdown and malfunction. 

XV.B.3. The calculation p edures that the major stationary, ource owner or operator 

proposes to use to c vert the monitoring data to onthly emissions and annual 

emissions based on a elve-month rolling total r each month as required by 

Section XV. M. 1. 

XV.C. General requirements for establishin 

ationary source, provided that, at a minimum, 

. through XV. C. 1.g. below are met. 

XV.C.1.a. The PAL shall impose nan al emission /imitation in tons per year that is 

enforceable as a prac · al matte , for the entire major stationary source. For 

each month during t PAL effecti period after the first twelve months of 

establishing a PA the major station source owner or operator shall 

demonstrate tha he sum of the montH emissions of the PAL pollutant from 

each emission unit under the PAL for th previous twelve consecutive 

months is le than the PAL (a rolling twel -month total). For each month 

during the rst eleven months from the PAL ective date, the major 

stationa source owner or operator shall dem strafe that the sum of the 

prece · g monthly emissions of the PAL polluta for each emissions unit 

und the PAL is less than the PAL. 

XV.C.1.b The PAL shall be established in a PAL permit sectio of an operating 

permit issued pursuant to Part C of this regulation that m ets the public 

participation requirements in Section XV.D . 

. C.1.c. The PAL permit shall contain all the requirements of Section 

XV. C. 1.d. The PAL shall include fugitive emissions, to the extent quantifial5 , from all 

emissions units that emit or have the potential to emit the PAL pollut tat 

the major stationary source. 

XV.C.1.e. Each PAL shall regulate emissions of only one pollutant. 

XV. C. 1.f. Each PAL shall have a PAL effective period of ten years. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 164 

XV.D. 

XV.C.1.g. The owneroroperatorofthe major stationary source with a PAL shall 

comply with the monitoring, recordkeeping, and reporting requirements 

provided in Sections XV.K. through XV.N. for each emissions unit under the 

PAL throughout the PAL effective period . 

. C.2. At no time (during or after the PAL effective period) are emissions reductions a a 

PAL pollutant, which occur during the PAL effective period, creditable as dee ases 

for purposes of offsets under Section V. unless the level of the PAL is red ed by 

e amount of such emissions reductions and such reductions would be editable in 

absence of the PAL. 

PA Ls for existing if or stationary sources shall be established, rene d, or increased in 

accordance with the ignificant modification provisions set forth in S ction I.A. 7.of Part C of 

this regulation. The Di · ion shall provide the public with notice of e proposed approval of a 

PAL permit and a thirty period for submittal of public comm nt. 

XV.E. Setting the ten-year actuals 

XV.E.1. The actuals PAL level to major stationary s rce shall be established as the sum 

of the baseline actual emis · ns (as defined · Section 11.A.4. of this Part D) of the 

PAL pollutant for each emiss1 s unit at th source, plus an amount equal to the 

applicable significant level fort PAL P. /utant under Section If.A. 42. of this part, or 

under the Federal Act, whichever · lo 

XV.E.3. Emissions associated 1th units that were perma ent/y shutdown after this twentyfour month period m t be subtracted from the PA eve/. 

XV.E.4. For newly const cted units (which do not include modi ations to existing units) on 

5 CCR 1001-5 

which actual c nstruction began after the twenty-four mo period, in lieu of adding 

the baseline ctua/ emissions as specified in Section XV.E. above, the emissions 

must be a ded to the PAL level in an amount equal to the po tial to emit of the 

units. 

ivision shall specify a reduced PAL level(s) (in tons/yr) in the L permit to 

b come effective on the future compliance date(s) of any applicable F era/ or State 

egulatory requirement(s) that the Division is aware of prior to issuance the PAL 

permit. For instance, if the source owner or operator will be required to re 

emissions from industrial boilers in half from baseline emissions of 60 ppm x to a 

new rule limit of 30 ppm, then the permit shall contain a future effective PAL le I that 

is equal to the current PAL level reduced by half of the original baseline emission of 

such unit(s). 

CODE OF COLORADO REGULATIONS 
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Contents of the PAL permit. 

33· CR 22 a nd 23, 11-10 Page 165 

The PAL permit shall contain, at a minimum, the information in Sections XV.F.1. through 

XV.F.10. 

V.F.1 . The PAL pollutant and the applicable source-wide emission limitation in tons 

year. 

The PAL permit effective date and the expiration date of the PAL (PAL 

eriod). 

XV. F .3. Spe ification in the PAL permit that if a major stationary source o ner or operator 

app/i to renew a PAL in accordance with Section XV.I. before e end of the PAL 

effectiv eriod, then the PAL shall not expire at the end of th PAL effective period. 

It shall re ain in effect until a revised PAL permit is issued the Division. 

XV .F .4. A requiremen hat emission calculations for complianc tletermination purposes 

include emissio from startups, shutdowns and malfi ctions. 

XV.F.5. A requirement that, nee the PAL expires, the ma· r stationary source is subject to 

the requirements of ction XV. 

XV.F.6. The calculation procedur; that the majors tionary source owner or operator shall 

use to convert the monitori data to mon ly emissions and annual emissions based 

on a twelve-month rolling tota or each onth as required by Section XV. 

XV.F.9. A requirement to submit 

deadlines. 

ry source owner or operator monitors all 

e provisions under Section XV. 

der Section XV. by the required 

XV.F.10. Any other requir< ents that the Division deems n essary to implement and 

enforce the PAL 

XV.G. Reopening of the P 

e PAL effective period, the Division shall reopen the 

.1.a. Correct typographical/calculation errors made in settin he PAL or reflect 

a more accurate determination of emissions used to establt the PAL. 

XV. G. 1.b. Reduce the PAL if the owner or operator of the major station 

creates creditable emissions reductions for use as offsets under 

V.A.3. of this Part D. 

XV.G.1.c. Revise the PAL to reflect an increase in the PAL as provided under S 

XV.J. 

. XV.G.2. The Division has discretion to reopen the PAL permit to: 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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XV.G.2.a. Reduce the PAL to reflect newly applicable Federal requirements (for 

example, NSPS) with compliance dates after the PAL effective date. 

XV.G.2.b. Reduce the PAL consistent with any other requirement, that is enforceable 

as a practical matter, and that the Division may impose on the major 

stationary source. 

XV.G.2.c. Reduce the PAL if the Division determines that a reduction is neces ry to 

avoid causing or contributing to a NAAQS or PSD increment violatio , or to 

an adverse impact on an air quality related value that has been id tified for 

a Federal Class I area by a Federal Land Manager and for whic information 

is available to the general public. 

e permit reopening in Section XV. G. 1.a. for the corre ion of 

typographic calculation errors that do not increase the PAL lev , all other 

reopenings sh I be ca"ied out in accordance with the public rticipation 

requirements of ection XV.D. 

XV.H. Expiration of a PAL. 

Any PAL that is not renewed in a ordance with the proced es in Section XV.I. shall expire 

at the end of the PAL effective pen , and the requireme in Sections XV.H.1. through 

XV.H.5. shall apply. 

XV. H.1. Each emissions unit (or each gro of emis ions units) that existed under the PAL 

shall comply with an allowable emi ion Ii itation under a revised permit established 

according to the procedures in Secti .H.1. through XV.H.5. of this part. 

XV.H.1 .a. Within the time frame sp ifie or PAL renewals in Section XV.1.2., the 

major stationary source s all subm a proposed allowable emission limitation 

for each emissions unit or each gro of emissions units, if such a 

distribution is more a ropriate as dete ined by the Division) by distributing 

the PAL allowable issions for the majo stationary source among each of 

the emissions un · s that existed under the L. If the PAL had not yet been 

adjusted for an pplicable requirement that b ame effective during the PAL 

effective peri ff, as required under Section XV. . ., such distribution shall be 

made as if e PAL had been adjusted. 

XV.H.1.b. The 1vision shall determine whether and how the L allowable 

emis ons will be distributed and issue a revised permit corporating 

all able limits for each emissions unit, or each group of issions units, as 

t e Division determines is appropriate. 

XV.H.2. Eac emissions unit{s) shall comply with the allowable emission limitati on a 

tw ve-month rolling total basis. The Division may approve the use of mon 

stems (source testing, emission factors, etc.) other than GEMS, GERMS, 

CPMS to demonstrate compliance with the allowable emission limitation . 

. 3. Until the Division issues the revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as required under Section 

XV.H.1 .a., the source shall continue to comply with a source-wide, multi-unit 

emissions cap equivalent to the level of the PAL emission limitation. 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
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All Rights Reserved 

33 CR 22 a nd 23, 11-10 Page 167 

XV.I. 

XV.H.4. Any physical change or change in the method of operation at the major stationary 

source will be subject to the major NSR requirements if such change meets the 

definition of major modification in Section 11.A.22. of this Part D. 

XV.H.5. The major stationary source owner or operator shall continue to comply with any 

State or Federal applicable requirements that may have applied either during t 

PAL effective period or prior to the PAL effective period except for those emi ion 

limitations that had been established pursuant to Sections V.A. 7.b. and VI .. 4. of this 

part, but were eliminated by the PAL in accordance with the provisions in ection 

V.A.2.c. 

XV.1.1 . The Div ion shall follow the procedures specified in Section XV. . in approving any 

request t renew a PAL for a major stationary source, and sh provide both the 

proposed L level and a written rationale for the proposed 11.L level to the public 

for review an comment. During such public review, any erson may propose a PAL 

level for the so e for consideration by the Division. 

XV.1.2. Application deadline. 

A major stationary source own or operator shall submi a timely application to the Division 

to request renewal of a PAL. A ti ely application is on that is submitted at least twelve 

months prior to, but not earlier tha ighteen month rom, the date of PAL permit expiration. 

This deadline for application submit! is to ensure hat the permit will not expire before the 

permit is renewed. If the owner or ope tor of a ajor stationary source submits a complete 

application , including any additional info ati requested by the Division, to renew the PAL 

within this time period, then the PAL shall tinue to be effective until the revised permit with 

the renewed PAL is issued. 

XV.1.3. Application requirements. 

The application to renew a PAL pe 

XV.1.3.a. through XV.1.3.d., belo . 

1. through XV.B. 3. of this part. 

XV.1.3.c. Th sum of the potential to emit of all emissions its under the PAL (with 

su porting documentation) . 

. Any other information the owner or operator wishes th ivision to consider 

in determining the appropriate level for renewing the PAL. 

In de rmining whether and how to adjust the PAL, the Division shall consider the tions 

out · ed in Sections XV.1.4.a. and XV.1.4.b. However, in no case may any such adju 

t comply with Section XV.l.4.c. 

XV.1.4.a. If the emissions level calculated in accordance with Section XV.E. is eq 

to or greater than eighty percent of the PAL level, the Division may renew t 

PAL at the same level without considering the factors set forth in Section 

XV.1.4.b.; or 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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XV.1.4.b. The Division may set the PAL at a level that it determines to be more 

representative of the source's baseline actual emissions, or that it determines 

to be appropriate considering air quality needs, advances in control 

technology, anticipated economic growth in the area, desire to reward or 

encourage the source's voluntary emissions reductions, or other factors as 

specifically identified by the Division in its preliminary analysis or technica 

review document. 

XV.1.4.c. Notwithstanding Sections XV.1.4.a. and XV.1.4.b. above, 

XV.1.4.c.(i) If the potential to emit of the major stationary source s less than 

the PAL, the Division shall adjust the PAL to a level n greater than 

the potential to emit of the source; and 

.4.c. (ii) The Division shall not approve a renewed P L level higher than 

the current PAL, unless the major stationary urce has complied . 

with the provisions of Section XV.J. (increa ng a PAL). 

XV.1.5. If the compliance d e for a State or Federal requiremen that applies to the PAL 

source occurs durin he PAL effective period, and if e Division has not already 

adjusted for such requ ment, the PAL shall be adj sted at the time of PAL permit 

renewal or Title V permit newal, whichever occ first. 

XV.J. Increasing a PAL during the PAL effe five period. 

XV.J. 1. The Division may increase a PA[. missio limitation only if the major stationary 

5 CCR 1001-5 

source complies with the provision ctions XV.J. 1.a. through XV.J.1 .d. below. 

XV.J.1.b. As part of thi pp/ication, the major stati ary source owner or operator 

shall demons ate that the sum of the base/in actual emissions of the small 

em1ss1ons its, plus the sum of the baseline a ual emissions of the 

significan and major emissions units assuming a lication of BACT 

equival nt controls, plus the sum of the allowable e issions of the new or 

modifi d emissions unit(s) exceeds the PAL. The lev of control that would 

res t from BACT equivalent controls on each significa or major emissions 

u 1t shall be determined by conducting a new BACT ana is at the time the 

pplication is submitted, unless the emissions unit is curre required to 

comply with a BACT or LAER requirement that was establish within the 

preceding ten years. In such a case, the assumed control /eve r that 

emissions unit shall be equal to the level of BACT or LAER with ich that 

emissions unit must currently comply. 

XV.J.1.c. The owner or operator obtains a major NSR permit for all emissions u 't(s) 

identified in Section XV.J. 1.a., regardless of the magnitude of the emissio s 

increase resulting from them (that is, no significant levels apply). These 

emissions unit(s) shall comply with any emissions requirements resulting 

from the major NSR process (for example, BACT or LAER), even though 

they have also become subject to the PAL or continue to be subject to the 

PAL. 

CODE OF COLORADO REGULATIONS 
0 2010 Stale of Colorado 

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33 CR 22 and 23, 11-10 Page 169 

XV.K. 

XV.J.1 .d. The PAL permit shall require that the increased PAL level shall be effective 

on the day any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

V.J.2. The Division shall calculate the new PAL as the sum of the allowable emissio for 

each modified or new emissions unit, plus the sum of the baseline actual e 1ssions 

of the significant and major emissions units (assuming application of BA 

quivalent controls as determined in accordance with Section XV.J.1 . . , plus the 

of the baseline actual emissions of the small emissions units. 

XV.J.3. The P permit shall be revised to reflect the increased PAL le. el pursuant to the 

public no · e requirements of Section XV.D. of this part. 

itoring system must e toy one or more of the four general 

proaches meeting the mini m requirements set forth in 

.K.2.a. through XV.K.2.d. and st be approved by the Division. 

ithstanding Section XV.K.1.b., you may a 

m nitoring approach that meets the requirements 

pproved by the Division . 

. 1.d. Failure to use a monitoring system that meets the requir; 

Section renders the PAL invalid. 

XV. .2. Minimum Performance Requirements for Approved Monitoring Approache 

The following are acceptable general monitoring approaches when conducted in acco 

with the minimum requirements in Sections XV.K.3. through XV.K.9: 

XV.K.2.a. Mass balance calculations for activities using coatings or solvents; 

XV.K.2.b. GEMS (as defined in Section J.B. 14. of Part A); 

XV.K.2.c. CPMS or PEMS (as defined in Sections 1.8.16. and 1.8.38., respectively, of 

Part A); and 

XV.K.2.d. Published, verifiable emission factors 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 170 

XV.K.3.a. Provide a demonstrated means of validating the published content of the 

PAL pollutant that is contained in or created by all materials used in or at the 

emissions unit; 

XV.K.3.b. Assume that the emissions unit emits all of the PAL pollutant that is 

contained in or created by any raw material or fuel used in or at the 

emissions unit, if it cannot otherwise be accounted for in the process; a 

V.K.3.c. Where the vendor of a material or fuel, which is used in or at the e issions 

unit, publishes a range of pollutant content from such material, th owner or 

operator must use the highest value of the range to calculate th PAL 

ollutant emissions unless the Division determines there is si( -specific data 

a site-specific monitoring program to support another con nt within the 

XV.K.4. GEMS. 

An owner or operator usin GEMS to monitor PAL pollutant emissi ns shall meet the 

following requirements: 

XV.K.4.a. GEMS must c 

the Code of Fede 

and 

ply with applicable Perfo ance Specifications found in 

Regulations Title 40, art 60, Appendix B, and Part 75; 

XV.K.5. CPMS or PEMS. 

An owner or operator using CPMS or PE 

the following requirements: 

XV.K.5.a. The CPMS or the EMS must be bas on current site specific data 

demonstrating a n-elation between the nitored parameter(s) and the 

issions across the range o eration of the emissions unit; 

MS or PEMS must sample, analyze, an record data at least 

every fi en minutes, or at another less frequent int al approved by the 

Divisi , while the emissions unit is operating. 

An owner or erator using emission factors to monitor PAL pollutant emission 

the followin requirements: 

5 CCR 1001-5 

V.K.6.a. All emission factors shall be adjusted, if appropriate, to account fo 

degree of uncertainty or limitations in the factors' development; 

XV.K.6.b. The emissions unit shall operate within the designated range of use fort 

emission factor, if applicable; and 

CODE OF COLORADO REGULATIONS 
0 2010 State of Colorado 

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33 CR 22 and 23, 11-10 Page 171 

XV.K. 6.c. If technically practicable, the owner or operator of a significant emissions 

unit that relies on an emission factor to calculate PAL pollutant emissions 

shall conduct validation testing to determine a site-specific emission factor 

within six months of PAL permit issuance, unless the Division determines 

that testing is not required. 

XV.K.7. A source owner or operator must record and report maximum potential emissi s 

without considering enforceable emission limitations or operational restrictio for an 

emissions unit during any period of time that there is no monitoring data, u ess 

another method for determining emissions during such periods is specifi ft in the PAL 

ermit. 

ithstanding the requirements in Sections XV.K.3. through XV: . 7., where an 

own or operator of an emissions unit cannot demonstrate a c elation between the 

monito d parameter(s) and the PAL pollutant emissions rate tall operating points 

of the e · sions unit, the Division shall, at the time of perm· issuance: 

fish default value(s) for determining co pliance with the PAL based 

on the · hes! potential emissions reasonab estimated at such operating 

point(s); 

XV.K.8.b. Determine t toperation of the emi ions unit during operating conditions 

when there is n orrelation betwee monitored parameter(s) and the PAL 

pollutant emission is a violation the PAL. 

XV.L. Re-validation. 

XV.M. Recordkeeping requirements. 

require an owner or opera r to retain a copy of all records 

necessary to dete ine compliance with any requ1 ment of Section XV. of this part 

and of the PAL, ncluding a determination of each e · sions unit's twelve-month 

rolling total e 1ssions, for five years from the date of s h record. 

XV.M.2. The PA ermit shall require an owner or operator to retai 

record for the duration of the PAL effective period plus five 

.2.a. A copy of the PAL permit application and any applicati 

the PAL; and 

XV.M.2.b. Each annual certification of compliance pursuant to Part C of 

regulation, and the data relied on in certifying the compliance. 

Reporting and notification requirements. 

The owner or operator shall submit semi-annual monitoring reports and prompt deviation 

reports to the Division in accordance with the requirements of the applicable Title V permit 

and Section V. C. 7. of Part C of this regulation. The reports shall meet the requirements in 

Sections XV. K. 11. a. through XV. K. 11. c. below. 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 172 

XV.N.1. Semi-Annual Report. 

The emi-annual report shall be submitted to the Division within thirty days of the end of e 

reporti eriod. This report shall contain the information required by the Title V permi 

Section V. 7.a. of Part C of this regulation, and Sections XV.N.1.a. through XV.N. .g., 

below. 

5 CCR 1001-5 

XV.N. 1.a. rn "dentification of owner and operator and the perm· number. 

XV.N.1 .b. Total ann I emissions (tons/year) based on a elve-month rolling total 

the reporting period recorde pursuant to Section 

XV.N. 1.e. The num r, duration, and cause of any deviat1 s or monitoring 

malfunc · ns (other than the time associated with ze 

chec . and any corrective action taken . 

. . A notification of a shutdown of any monitoring system, whethe 

shutdown was permanent or temporary, the reason for the shutdo the 

anticipated date that the monitoring system will be fully operational or 

replaced with another monitoring system, whether the emissions unit(s) 

monitored by the monitoring system continued to operate, and calculations o 

emissions from those units as provided by Section XV.K. 7. of this part. 

XV.N.1.g. A signed statement by the responsible official (as defined in Section l.B.40. 

of Part A of this regulation) certifying the truth, accuracy, and completeness 

of the information provided in the report. 

. . The PAL requirement that experienced the deviation or that 

XV.N.2.c. Emissions resulting from the deviation or the exceedance; and 

XV.N.2.d. A signed statement by the responsible official (as defined in Section l.B.40. 

of Part A of this regulation) certifying the truth, accuracy, and completeness 

of the information provided in the report. 

CODE OF COLORADO REGULATIONS 
<O 2010 State of Colorado 

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XV.N.3. Re-validation results 

33 CR 22 and 23, 11-10 Page 173 

The owner or operator shall submit to the Division the results of any revalidation test or 

method within three months after completion of such test or method. 

If any provision of this Section, or the application of such provision to any person or 

·rcumstance, is held invalid, the remainder of this Section, or the application of such 

p vision to persons or circumstances other than those as to which it is held invalid, sh 

be ected thereby. 

PARTE ESERVED FOR ENVIRONMENTAL MANAGEMENT SYSTEMS 

ental Management Systems 

PART F - BEST AVAi LE RETROFIT TECHNOLOGY (BART) 

The provisions of Part 51, A endix Y, Title 40, of the Code of Federal Reg tions (CFR), 

promulgated by the U.S. Envir mental Protection Agency listed in this Se ion are hereby 

incorporated by reference by the ir Quality Control Commission and m ea part of the Colorado Air 

Quality Control Commission Regul ions as modified by the following egulation Number 3, Part F. 

Materials incorporated by reference e those in existence as July 6 005 and do not include later 

amendments. The material incorporate by reference is available r public inspection during regular 

business hours at the Office of the Com ·ssion, located at 4300 herry Creek Drive South, Denver, 

Colorado 80246, or may be examined at a state publication depository library. Parties wishing to 

inspect these materials should contact the T hnical Secret of the Commission, located at the 

Office of the Commission . 

I. Applicability 

regulation. Existing stationary facilities shall be 

II. Definitions 

II.A. Adverse impact on visibili 

Means visibility impairmen at interferes with the manageme t, protection, preservation, or 

enjoyment of the visitor' isual experience of the Federal Class area. This determination 

must be made on a ca -by-case basis taking into account the ge raphic extent, intensity, 

duration, frequency d time of visibility impairments, and how thes actors correlate with (1) 

times of visitor use f the Federal Class I area, and (2) the frequency d timing of natural 

conditions that r uce visibility. This term does not include effects on int ral vistas. 

Means t ta technology is licensed and available through commercial sales. 

eans a commercially available control option that has been or is soon to be deployed ( 

is specified in a permit) on the same or a similar source type or a technology that has been 

used on a pollutant-bearing gas stream that is the same or similar to the gas stream 

characteristics of the source. 

11.D. Average Cost Effectiveness 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5