Cl 20 I0 Sta te ofColorn<lo All Rights Reserved 

### 33 CR 22 and 23 , 11-10 Page 115 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. ofthis Part D, and consistent with the definition ofmajormodification (Section 11.A.22. of this part), 

### a project is a major modification for a regulated NSR pollutant ifit causes two types ofemissions increases - a significant emissions increase (as defined in Section 11.A.43. ofthis 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 ifit does not cause a significant emissions increase. 

### If the project causes a significant emissions increase, then the project is 

### a major modification only ifit 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 ofthe process) will occur depends upon the type ofemissions 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 ofthe process) is contai in the de 1 · ion ofNet Emissions Increase (Section 11.A.26. ofthis part) . ardless ofany such p onstruction projections, 

### a majormodification 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 ofthe diffi nee between the potential to emit (as defined in Section l.B.35. 

### o art A ofthis regula · n) from each new emissions unit following completion ofthe project and baseline ac I emissions (as defined in Section 11.A.4. ofthis part) ofthese units before the p ·eat

quals or exceeds the significant amount for that pollutant (as defined in Section II.A. 42. this part) . 

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### CCR 1001-5

### Page 116 1.8 .3 . Hybrid test forprojects that involve multiple types ofemissions units. A significant emissions increase ofa regulated NSR pollutant is projected to occurifthe sum of the emissi ons increases for each emissions unit , using the methods specified in Sections J.B. 1. through l.B.3. ofthis part as applicable with respect to each type ofemissions 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 majorstationary source who conducts the actual 

### orojected-actual test for a 

### project that requires a mi norpermit modificatio in cordance with Section 

### X. ofPart C, requires a significant permit mod· 1cation in ac rdance with Section l.A.3. ofPart 

### C, a modification as defined in ection l.B.26. ofPa A or that requires a minorsource permit under Part B shall bmit 

### a permit applica · n including: lculations and supporting documentation used determine baseline actu emissions ofeach emissions unit affected b the project ; 1.8.4 .b. All ca/cu ions and supporting documentat i on sed to determine projected actual emis · ans ofeach existing emissions nit affected by the project ; 1.8.4 .c. A determinatio f thatportion ofeach 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 ofa ma1 stationary source who 9onducts the actu -to-projected-actual test for a proje that requires a minorpermit 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 ofSection XV . ofthis 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 :



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSIC 2010 State ofColorado A II Ri ghts Reserved 

### 33 CR 22 and 23 , 11-10 Page 117 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 hera significant emissions increase as occurred, or for establishing a P L under Section XV . ofPart D ofthis reg tion. Instead , Sections 11.A.36. nd 11.A.4. ofthis part shall apply for these pu oses.

1 1.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) ofall emissions units s defined in the Common Provisions regulation) at e source that emit orhave 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 , visib ility, cultural , and odor. The rat ofemissions, in tons peryear, 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. ofthis part}, baseline actual emissions means the average rate, ·n tons peryear , at which the unit actually emitted the pollutant during any consecutive twenty-four month period selected by the owner or operator within the five yearperiod immediatelypreceding when the owner or opera to begins actual construction ofthe project. The Div i sion shall allow the use of

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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 dur ing 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-fourmonth 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 peryear , and for adjusting this amount ifreq · 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 emi ssion 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 ofRegulation 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 .



### CODE OF COLORADO REGULATIONSIO 2010 State of Co lorado All Rights Reserved 

### 33 CR 22 and 23 , 11-10 Page 119 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 peryear , and for ad ' sting this amount ifrequired under Sections 11.A.4.b. (ii) and 11.A.4 ..

### (iii) ofthis 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 ofsuch 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. ofPart A 

### o his regulation). 11.A.4 .d . 

### For a PAL for majorstationary 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. 1 1.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 :



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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 ofa pennanent nature. Such activities i lude, but are not limit to, installation ofbuilding supports and foundations, laying ofu erground pipe wo , and construction ofpermanent storage structures. With respect to 

### a ch ge in the me od ofoperation, this tenn refers to those on-site activities other than prepara 

### !Y activiti that mark the i nitiation ofthe 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 ach ieve equivalent results .



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS0 2010 Stale of Co lorado All Rights Re served 

### 33 CR 22 and 23, 11-10 Page 121 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 util ization 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 perm it, 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 th is 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

### Page 122 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 Anyph ' cal change or change in the method ofoperation (including fabrication, ere tion, installatio demolition, ormodification ofan emissions unit) that would result in 

### a actual emis · ns Anypart 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. Forpurposes f this Part D, there are two types ofemissio 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. ofthis 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 dist ribution system for the**pur~** se of provid ing 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 ofth rocarbon combustion flare Either flare used to comply with an applicable new source performance standard or ma · um achievable control technology standard (including uses offlares during startup, sh tdown, or malfunction permitted under such standard), or

### a flare that serves to control issions ofwaste streams comprised predominately ofhydrocarbons and containing no more than 230 mgldscm hydrogen sulfide.



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONSt) 20 10 State of Colorado All Rights Reserved 

### 33 CR 22 and 23, 11-10 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 .

1 1.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 orgreater tha he major stationary source threshold (as d med in Section 11.A.24. ofth1 art) for the PAL pollutant for nonattainmen areas. For example, in accordan e with the definition ofa major statio ary source (as defined in Section II. 24. ofthis 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 ofthatpollutant 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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### 5 CCR 1001-5 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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### 33 CR 22 and 23, 11-10 Page 125 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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### 5 CCR 1001-5 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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II Rights Reserved 

### 33 CR 22 and 23 , 11·10 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 

### Page 127

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. 1 1.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 . 

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### Page 128 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. ofthis 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) ofthis Part D shall not apply .



### CODE OF COLORADO REGULATIONSO 20 IO State of Col orado All**ight~** Reserved 

### 33 CR 22 and 23, 11-10 Page 129 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 cred itable 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 emiss ions om the particular cti nge occurs ; and e owner or operator provides cred ible demonstrable evidence 'vision of what actual em issions 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 d ioxide , 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 iss ions 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 rel ied 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 em iss ions or the old level of emissions , wh ichever is lower, exceeds the new level of emissions ; 11.A.26 .g .(iii) It is federally enforceable as a practical matterat and afte time that actual construction on the particular change begins ; a 11.A.26 .g .(iv) It has approx imately the same qual itative 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

### Page 130 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 cred itable 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 cred itable against an increase in emiss ions 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 ofthe PAL permit. Howe r, the PAL effective date for an increased PAL 

### is the dat any emissions unit that i s part ofthe 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. ofthis Part D (the definitions for majo modifica on and net emissions increase), any physical change in orchange in the m operaf n ofthe 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 majorstationary source. 

### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS0 20 I0 State of Colorado All**Ri t~**  Reserved 

### 11.A.3 . 

### 33 CR 22 and 23 , 11-10 Page 131

is established at 

### a majorsta 10 

### 11.A.33 . Plant-wide Applicability Limitation (PAL) An emission limitation expressed in tons peryear, for

### a pollutant at 

### a majorstationary source that 

### is enforceable 

### as a practical matter and established source-wide in accordance with Section XV . ofthis Part D. 

### 11.A .34 . Prevention ofSignificant Deterioration (PSD) Permit y permit that is issued in accordance with Section VI. ofthis Part D.

source. hange in, or change in the method ofoperation of, an existing maj stationary

aximum annual rate, in tons peryear, 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, orin any one ofthe ten years fottowin hat date, if the project iniv, Ives increasing the emissions unit's design cap ity orits potential to mil ofthat 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 ofbusiness 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 particularproject , thatportion ofthe 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. ofthis p D and that are also unrelated to the particularproject , including any increased utilization due to product demand growth; or,



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

### Page 132 11.A.36.b.(iv) In lieu ofusing 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 peryear, as defined in Section l.B.37. ofPart A ofthis 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.



### CODE OF COLORADO REGULATIONS0 20 10 Stale of Colomdu A ll H.ights lleserved 

### 33 CR 22 and 23 , 11-10 Page 

### 133 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 ofan 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 , orpermanently 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 . Sign ificant



### 5 CCR 1001-5 11 .A.42 .a . Unless the contex otherwise requires, , significant rate of emissions in uld equal or exceed any of the tons per year is defin as a value that following : Carbon monoxide :

iculate matter em iss ions 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)



### CODE OF COLORADO REGULATIONSID 20 10 State ofColorado All**Ri L~**  Reserved 

### 33 CR 22 and 23, 11-10 Page 135

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. ofthis 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 orgreater than the significant lev (a efined in Section /l.A.42. ofthis Part D orin 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 . ofthis 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..ofthis Part Dor i n the Federal Act , whiche eris 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 atta in 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 comp lete 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 l ion, 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 . Fo r 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 ai r 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 requ i rements 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 .



### CODE OF COLORADO REGULATIONS0 20 I0 State of Co lorado All Rights Reserved 

### 33 CR 22 and 23 , 11-10 Page 137 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

is ion'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 mod ification 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 Comm issi an the State Administrative Procedure Act , Colorado Revised Statutes, Sectio 4-4-101 et seq . IV .A.7 . With i n 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 ava il able for publ ic 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 regulat ion , 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 appl icant (or any entity controlling , controlle by , or under the common control with the appl icant) i n 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 compl iance schedule . Prior to the date of commencement of operations , em ission red uctions (offsets) greater than one for one must be obta ined 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 perm it. If an adverse· pact , as described in Section XIV . E .. is predicted by t Divis ion , 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 vers ion of th .S . EPA cument entitled "Workbook for Estimating Visibility I mpairment" 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 .



### CODE OF COLORADO REGULATIONSC 20 I0 Sta te ofColorado All Rights R eserved 

### 33 CR 22 a nd 23, 11-10 Page 139 V.A.7 .b. The requirements of Section V.A. shall apply at such time that any stationary source ormodification 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 ajorstationary 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) ofthis Part D for calc fating projec d actual emissions. efore beginning actual construction ofthe proj ct, the owner or

tor shall document and maintain 

### a record the following A) A description ofthe project ; V

.A. 7.c.(i)(B Identification ofthe 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 ofthe 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 ofsuch 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 ofany reg ated NSR pollutant that could i ncrease as result ofthe 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 peryear on a calendaryear basis, r 

### a period of five years following rasumption ofregular operations a r the change, or for a period often years follow ing resumpt ion f regular operations after the change if the project i ncreases the de · n capacity orpotential to emit ofthat regulated NSR pollutant such emissions unit. V

.A. 

### 7.c.(iv) Ifthe unit is an existing electric utility steam generating unit , tfi owner or operator shall submit a report to the Division within si xty days after the end ofeach year during which records must be generated under Section V .A. 7 . c.(iii) sett i ng out the unit's annual · emissions during the calendaryear that preceded submi ssion ofthe 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 ifthe annual emissions, in tons peryear , 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. ofthis pa**~for** that regulated NSR pollutant, and ifsuch 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 ofsuch 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 REGULATIONSC 20 l0 State of Col orado All Rights Reserved 33 CR 22 and 23, 11-10 

### P age 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 avai lable 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

### Page 142 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 contai n 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 qual ity 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 , Append ix 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 ava ilable 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 mod ification 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 monitori n 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 .



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS**~** 20 I0 State ofColorado All Rights Reserved 

### 33 CR 22 and 23 , 11 - 10 Page 143 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. ofthis part) 

### or for which there uld be a

s nificant net emissions increase , the owner or operator shall provid an analysis of the ·mpa irment to visibility , water , soils, and vegetation that wou ld 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 V l. 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 perm it 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 appl icable 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 Ai r 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 emiss ions 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/m 3 , 24-hou Vl.B.3 .a.(v) Lea - 0 . 1 μg/m 3 , 3-month average ; Vl.B .3 .a .(vi) luorides - 0.25 μg/m 3 , 24-hour average ; Vl.B .3 .a vii) Total reduced sulfur - 10 μg/m 3 , I-hour avera Vl.B .a .(viii) Hydrogen sulfide - 0 .2 μg/m 3 , I-hour average ; .B .3.a .(ix) Reduced sulfur compounds - 10 μg/m 3 , 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 th is section . 

### CODE OF COLORADO REGULATIONS0 2010 State ofCol orado . All Ri ghlS Reserved 

### 33 CR 22 and 23, 11-10 Page 145 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 majormodification 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) ofthis Part D for calculating projected actual emissions. fore beginning actual construction ofthe project , the 

### o ner or operator sha ocument and maintain a record ofthe following inti rmation: Vl.B. 5.a . (ii) entification ofthe emissions unit(s) hose emissions ofa regu ed NSR pollutant could be affec d by the project; and Vl.B.5.a. (iii) A de ription ofthe**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 ofemi 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, ifapplicable.

such a unit to obtain an actual construction. Vl.B.5.c. The owner or op tor shall monitor the e issions ofany regulated NSR pollutant that co d increase 

### as a result ofth roject and that

### is emitted by any emissions nit identified in Section Vl.B. 5. (ii); and calculate and maintain a re ord ofthe annual emissions, in to peryear on a calendar year basis, or a period offive years following res ption ofregular operation after the change, or for a period often ye rs following resumption ofregul r operations after the change ifthe project in eases the design capa · orpotential to emit ofthat 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 operatorshall 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 calendaryear th preceded submission ofthe report. Vl.B.5.e. If the unit is an existing unit other than an electric utility steam-generati unit , the owner or operatorshall submit 

### a report to the Division if the annu emissions, in tons peryear, 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. ofthis part) for that regulated NSR pollutant, and ifsuch emissions differ from the preconstruction projection 

### as documented and maintainedpursuant to Section Vl.8. 5.a. (iii) . Such report shall be submitted to the Division within sixty days after the end ofsuch year . The report shall contain the following: Vl.B.5.e.(i) The name, address and telephone number ofthe 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 otherinfonnation 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 1O?(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 REGULATIONS0 20 10 Sta te of Colorado All Ri ghts Reserved 

### 33 CR 22 and 23 , 11-10 Page 147 Vl.D . 1 .b . The proposed source or mod ification will ach ieve 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 em issions will not affect any ozone nonatta1 ment area or sh obtain offsets as required in Section Vl.0 . 1 ., above . V l. D .4 . Em ission 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 photochem ical 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 em ission trading cred ' against volatile organic compounds n l isted 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 cred itable , 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 : V l ll.A.1 .a . Rocky Mountain Vlll.A . 1 .b . Mesa Verde



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

### Page 148 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 basel ine 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 erm ination 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 des ignated Class 11 

### under th is section may be redes ignated as provided in Section IX. of this part .



### 5 CCR 1001-5 . CODE OF COLORADO REGUIATIONSIC 20 10 State ofColorado All Rights Reserved 

### Vlll .B.4.National Parks 

### 33 CR 22 and 2 3 , 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 redes ignate 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 pol itical subdivisions , nd IX .C .6. A analysis of the relationship of the proposed redesignation with plicable county r reg ional development plans , including but not l imited 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 publ ic 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 redes ign 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 sess ion , 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 mod ification 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 publ ic inspection prior to public hearing on redesignation of any area as Class Ill.



### 5 CCR 1001 -5 CODE OF COLORADO REGULATIONS<C 20 I0 State ofColorado All**Righl~** Reserved 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.Yfug/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 incr ease 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 Comm ission 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 appl icable 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 municipal ities 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 REGULATIONSt:I 20I0 Sta le ofCol orado 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 federa l "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. X l. 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 wa iver fr the Best Available Control Technology requirements and to approv a system of innov ve contro l technology, in order to encourage the use of such technology . Xl l.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 requ i rements of Sect1 VI .A . 1. of th is 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 publ ic health , welfare , or safety in its operation or function ;



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

### Page 154 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 REGULATIONS0 20 10 Stale ofColorado All Rights Reserved 

### 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 qual ity related values. If the Division receives advance notification o permit app ·cation of a source that may affect visibi lity 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 va l ues 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 ai r 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 ava ilable 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

### Page 156 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 REGULATIONSCl 2010 State ofCo lorado All Rights Reserved 

### 33 CR 22 and 23 , 11-10 Page 157 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 pres ident approves the variance , the Division may issue a permit · accordance witti ection Xlll.G ., below, if the applicable requ irements 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 /m 3 

### 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 wi thout the concurrence the Federal Land Manager.



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS0 20 I0 State of Colorado All Rights Reserved 

### 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 cil ities" (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 ava ilable 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 Availab le 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 represent ing 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 facil ity 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 w ill 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 w ith 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 em it any ai r 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 provis ions 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 Comm ission 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 REGULATIONSIC 20 10 State of Co lorado All Rights Reserved 

### 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 vis i bility 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 ofan owner or

### OP. rator, the ivision may approve the use ofan actuals PAL in a Title Vpermit or any existin ajor stationary source that has operated for at least two ye ifthe 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 . Anyphysical chang in or change in the method ofope tion ofa 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. ofthis part (re rictions on relaxing enforceable emission limitations that the major stationa used to avoid applicability ofthe 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 establishedprior to the effective date ofthe PAL.



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS0 20 10 State of Colo rado All Rights Reserved 

### 3 3 CR 22 and 23 , 11·10 Page 163 Permit application requirements. As part ofa permit application requesting a PAL, the owner oroperator 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 ofall emissions units at the source designated as small (as defined in ection 11.A.45. ofthis part), significant 

### (as defined in Section 11.A.44. ofthis part), nd major as defined in Section II.A. 21 . ofthis part) based on theirpotential to em · , and i ntifying each as such . In addition, the owner or operator of the sou e shall ate which, ifany , 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 ofth unit, but also emissions associated wit tartup, shutdown and malfunction. XV . B.3. 

### The calculation p edures that the majorstationary, 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 Sect i on 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 peryear that is enforceable as a prac · al matte , for the entire majorstationary source. For each month during 

### t PAL effecti period after the f irst twelve months of establishing 

### a PA the majorstation source owner or operatorshall demonstrate tha he sum ofthe 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 ofthe prece · g monthly emissions ofthe 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 ofan operating permit issued pursuant to Part C ofthis regulation that 

### m ets the public participation requirements in Section XV .D.

.C.1.c. The PAL permit shall contain all the requirements ofSection XV .C. 1.d . The PAL shall include fugitive emissions, to the extent quantifial5 , from all emissions units that emit orhave the potential to emit the PAL pollut tat the major stationary source. XV . C.1 .e. Each PAL shall regulate emissions ofonly one pollutant. XV .C. 1.f . Each PAL shall have a PAL effective period often years.



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

### Page 164

XV.D . XV . C. 1.g. The owneroroperatorofthe majorstationary 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 emi ssions reductions 

### a a PAL pollutant , which occurduring the PAL effective period , creditable as dee ases forpurposes ofoffsets under Section V . unless the level oft he PAL 

### is red ed by e amount ofsuch emissions reductions and such reductions would be editable in

absence ofthe 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 . ofPart C of this regulation . The Di · ion shall provide the public with notice of e proposed approval ofa PAL permit and 

### a thirty period for submittal ofpublic comm nt. XV . E . Setting the ten-year actuals XV . E . 1 . The actuals PAL level to majorstationary s rce shall be established as the sum ofthe baseline actual emis · ns (as defined · Section 11.A.4. ofthis 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. ofthis 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 ofadding 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/y r ) in the L permit to b come effective on the future compliance date(s) ofany applicable F era/ or State egulatory requirement(s) that the Division is aware ofprior to issuance the PAL permit. For instance, if the source owner or operator will be required to re emissions from industrial boilers in halffrom baseline emissions of60 ppm x to a new rule limit of30 ppm, then the permit shall contain a future effective PAL le I that is equal to the current PAL level reduced by halfofthe original baseline emission of such unit(s) .



### CODE OF COLORADO REGULATIONS0 2010 State ofCol orado All Rights R eserved 

### Contents ofthe PAL permit. 

### 33· CR 22 a nd 23 , 11-10 P age 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 ifa major stationary source 

### o ner or operator app/i to renew 

### a PAL in accordance with Section XV . I. before e end ofthe PAL effectiv eriod , then the PAL shall not expire at the end ofth PAL effective period . It shall re ain in effect until 

### a revised PAL permit is issued the Div i sion. 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 expi res, 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 emi ssions and annual emi ssions 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 ofthe 

### 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

### Page 166 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 ofa 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 ofemis 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 majorstationary source 

### s all subm a proposed allowable emission limitation for each emissions unit or each gro ofemissions units, ifsuch 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 notyet 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 pe rmit 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 ofmon

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 ofemissions 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 ofthe PAL emission limitation .



### 5 CCR 1001-5 CODE OF COLORADO REGULATIONS0 20 I0 State of Co lorado All Rights Reserved 

### 3 3 CR 22 a nd 23 , 11-10 

### Page 167

XV . I. XV .H.4 . Anyphysical change orchange in the method ofoperation at the major stationary source will be subject to the major NSR requirements ifsuch change meets the definition ofmajor modification in Section 11.A.22. ofthis Part D. XV.H.5. The majorstationary 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 orprior 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. ofthis 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 majorstationary source own or operatorshall submi 

### a timely application to the Division to request renewal ofa 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 ofPAL permit expiration. This deadline for application submit! is to ensure hat the permit will not expire before the permit is renewed. Ifthe 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. ofthis part. XV . 1

.3.c. Th sum ofthe potential to emit ofall emissions its under the PAL (with 

### su porting documentation) .

. Any otherinformation 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 orgreater than eightypercent ofthe 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

### Page 168 XV . 1.4.b. The Division may set the PAL at a level that it determines to be more representative ofthe 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. andXV . 1.4.b. above, XV.1.4. c. (i) 

### If the potential to emit ofthe 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 majorstationary urce has complied . with the provisions ofSection 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 ofPAL permit renewal or Title Vpermit 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 ifthe 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 ofthi pp/ication, the majorstati ary source owner or operator shall demons ate that the sum of the base/in actual emissions ofthe small em1ss1ons its, plus the sum ofthe baseline a ual emissions of the significan and major emissions units assuming a lication ofBACT equival nt controls, plus the sum ofthe allowable e issions ofthe new or modifi d emissions unit(s) exceeds the PAL. The lev ofcontrol that would res t from BACT equivalent controls on each significa or major emissions u 1t shall be determined by conducting a new BACTana is at the time the

pplication is submitted, unless the emissions unit is curre required to comply with 

### a BACTor 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 ofBACTor 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 ofthe magnitude ofthe 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 REGULATIONS0 20 10 Stale of Colorado All Rights Re served 

### 3 3 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 ofthe 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 ofthe allowable emissio for each modified or new emissions unit , plus the sum ofthe baseline actual e 1ssions ofthe significant and major emissions units (assuming application ofBA

quivalent controls as determined in accordance with Section XV .J. 1. . , plus the ofthe baseline actual emissions ofthe 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 ofthe 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 forApproved 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 PartA); 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 ofthe PAL pollutant that is contained in orcreated by all materials used in orat 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 , ifit cannot otherwise be accounted for in the process; a V

.K

.3.c. Where the vendor ofa 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 owneror operator usin GEMS to monitor PAL pollutant emissi ns shall meet the following requirements: XV.K.4.a . GEMS must

### c the Code ofFede and ply with applicable Perfo ance Speci fications 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 nitoredparameter(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 , ifappropriate, to account fo degree ofuncertainty or limitations in the factors ' development ; XV .K.6.b. The emissions unit shall operate within the designated range of use fort emission factor, ifapplicable; and



### CODE OF COLORADO REGULATIONS0 20 10 State of Col orado All Rights R eserved 

### 33 CR 22 and 2 3, 11-10 Page 171 XV.K. 6.c. If technically practicable, the owner or operator ofa 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 ofPAL 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 oftime 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 ofan 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 ofperm· 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 ofthe 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-val idat ion .

XV .M . Recordkeeping requirements. require an owner or opera r to retain a copy ofall records necessary to 

### dete ine compliance with any requ1 ment of Section XV . ofthis part and of the PAL, ncluding 

### a determination ofeach e · sions unit's twelve-month rolling total e 1ssions, for five years from the date ofs h record. XV . M .2 . The PA ermit shall require an owner or operator to retai record for the duration ofthe PAL effective period plus five

.2.a. A copy ofthe PAL permit application and any applicati the PAL; and XV.M.2.b. Each annual certification ofcompliance 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 ofthe applicable Title Vpermit and Section V .

### C.7. ofPart C ofthis 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 ofthe end of e reporti eriod . This report shall contain the information required by the Title Vpermi Section V . 7 .a. ofPart 

### C ofthis regulation, and Sections XV.N. 1.a. through XV.N. .g., below .



### 5 CCR 1001-5 XV .N. 1.a. 

# rn " dentification ofowner 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 ofany deviat1 

### s or monitoring malfunc · ns (other than the time associated with ze chec . and any corrective action taken.

. . A notification ofa shutdown ofany 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. ofthis part . XV . N. 1.g. A signed statement by the responsible official (as defined in Sect ion l.B.40. ofPart A ofthis 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. ofPart A ofthis regulation) certifying the truth, accuracy, and completeness ofthe information provided in the report.



### CODE OF COLORADO REGULATIONS<O 2010 State ofColorado All Rights Reserved 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 ofany revalidation test or method within three months after completion ofsuch test ormethod . Ifany provision ofthis Section, or the application ofsuch provision to any person or

· rcumstance, is held invalid , the remainder ofthis Section, or the application ofsuch p vision to persons orcircumstances 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 . Th is 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